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HomeMy WebLinkAbout05/24/2004 Council PacketEXPANDED AGENDA CITY OF LINO LAKES Monday, May 24, 2004 Council Chambers City Council meeting 6:30 p.m. (6:35 p.m.) (Scheduled to be broadcast on Channel 16) Open Mike THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK UNDER OPEN MIKE. Call to Order and Roll Call MAYOR BERGESON WAS ABSENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items ACTING MAYOR CARLSON NOTED THE STATE OF THE CITY ADDRESS WOULD BE DEFERRED UNTIL THE NEXT REGULAR COUNCIL MEETING, JUNE 14, 2004, DUE TO MAYOR BERGESON'S ABSENCE. SHE ALSO NOTED THAT ITEM 1F, CONSIDER RESOLUTION NO. 04-76, FARMLAND LEASE, WOULD BE MOVED TO 5B AND CONSIDERED UNDER PUBLIC SERVICES. State of the City Address, Mayor Bergeson 1. Consent Agenda - A) Consideration of Expenditures: i) May 24, 2004 (Check No. 70963 through 71063 in the amount of $205,588.77). Pg. 5 -16 ii) Centennial Fire District (Check No. 14246 through 14270 in the amount of $33,533.69). Pg. 17 B) Consider Resolution 04 -64, Approving Premises Permit Renewal for Lino Lakes Lions Pg. 18 -19 C) Consider Resolution 04 -66, Approving Solicitors License for Association of Community Organizations for Reform Now (ACORN) Pg. 20 -21 Page 1 EXPANDED AGENDA D) Consider Resolution No. 04 -74 Authorizing Execution of Grant Agreement for COPS Universal Hiring Program Pg. 22 -23 E) Consider Resolution No. 04 -75 Authorizing City to Enter into Grant Agreement with the Department of Public Services for the 2004 Citizen Corps Program Pg. 24 -25 F) Consider Resolution No. 04 -76 Directing Staff to Prepare and Execute Lease Agreement to Farm Property at Centerville Road and Birch Street Pg. 25A -25B ITEM IF WAS REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY, AS ITEM 5B. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, APPROVING THE CONSENT AGENDA, ITEMS lA THROUGH lE AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) Consider Resolution No. 04 -73, Expressing Support for Blue Heron Days Parade and Authorizing Staff to Work with Festival Organizers Pg. 26 -29 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 04 -73, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 4. Public Safety Department Report, Dave Pecchia A) None. 5. Public Services Department Report, Rick DeGardner A) Public Hearing, Consider First Reading of Ordinance 14 -04, Amending City Code to Include Water Sprinkling Ban, Rick DeGardner Pg. 30 -34 ACTING MAYOR CARLSON OPENED AND CLOSED THE PUBLIC HEARING ON THIS ITEM AT 6:45 P.M. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, TO CLOSE THE PUBLIC HEARING. THE MOTION PASSED UNANIMOUSLY. Page 2 EXPANDED AGENDA MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, TO APPROVE FIRST READING OF ORDINANCE NO. 14 -04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. B) Consider Resolution No. 04 -76 Directing Staff to Prepare and Execute Lease Agreement to Farm Property at Centerville Road and Birch Street PUBLIC SERVICES DIRECTOR RICK DEGARDNER REVIEWED THIS ITEM FOR THE COUNCIL. THE COUNCIL DISCUSSED SENDING THIS ITEM OUT FOR BIDS. CITY ATTORNEY SULLIVAN INDICATED THIS ITEM DID NOT REQUIRE A BID PROCESS, BUT IT WAS WITHIN THE COUNCIL'S DISCRETION TO ALLOW A BID PROCESS FOR THIS CONTRACT. MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT FOR DISCUSSION PURPOSES, DIRECTING STAFF TO SEND THIS CONTRACT OUT FOR BIDS. THE COUNCIL CONCURRED TO SEND THIS ITEM OUT FOR BIDS. COUNCIL AND STAFF DISCUSSED THE TIME ELEMENT INVOLVED, DUE TO THE FACT THE NEXT COUNCIL MEETING WILL BE IN THREE WEEKS, JUNE 14, AND THAT USE OF THE FARM LAND COULD BE LOST FOR THE 2004 SEASON IF THERE WERE NOT A MORE IMMEDIATE ACTION. THE COUNCIL DISCUSSED EXPEDITING THE BIDDING PROCESS, AND HOLDING A SPECIAL COUNCIL MEETING TO AWARD THE CONTRACT. AMENDED MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, DIRECTING STAFF TO SEND THIS CONTRACT OUT FOR BIDS, ACCEPTING BIDS UNTIL NOON ON THURSDAY, MAY 27, 2004, AND HOLDING A SPECIAL COUNCIL MEETING AT 6:30 P.M. ON THURSDAY, MAY 27, 2004 FOR THE LIMITED PURPOSE OF AWARDING THE FARMLAND LEASE CONTRACT. THE MOTION PASSED UNANIMOUSLY. 6. Community Development Department Report, Michael Grochala A) Consider 2nd Reading of Ordinance No. 16 -04 Amending Ordinance No. 03 -02 related to the No Wake Zone on Peltier Lake, Marty Asleson Pg. 35 -38C THERE WERE A LARGE NUMBER OF PERSONS PRESENT FOR THIS ITEM. THE COUNCIL HEARD TESTIMONY FOR APPROXIMATELY ONE AND A HALF HOURS, AND DISCUSSED THIS ITEM EXTENSIVELY. Page 3 EXPANDED AGENDA MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, TO CLOSE THE PUBLIC HEARING ON THIS ITEM AT 8:10 P.M. THE MOTION PASSED UNANIMOUSLY. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION ON SECOND READING OF ORDINANCE NO. 16- 04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. B) Resolution No. 04 -57 Approving Final Plat, Justins Preserve, Michael Grochala Pg. 39 -42 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 04-57 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. C) Eagle Brook Church, Michael Grochala THERE WERE A NUMBER OF PERSONS IN ATTENDANCE FOR THIS ITEM, AND THE COUNCIL HEARD TESTIMONY FROM THOSE WHO WISHED TO SPEAK. i. Consideration of Resolution No. 04 -54 Approving Final Plat, Eagle Brook Addition, Michael Grochala Pg. 43 -46 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 04 -54 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 04 -68 Approving Development Agreement, Jim Studenski Pg. 47 -70 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 04-68 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. D) Oakwood View (Rice Creek Covenant Church), Michael Grochala Pg. 71 -106 i. Consideration of Resolution No. 04 -34 Amending the Comprehensive Plan to Change Land Use Designation from Public- Semi - Public to Low Density Sewered Residential MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, ADOPTING RESOLUTION NO. 04-34 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Page 4 EXPANDED AGENDA ii. Consider 1St Reading of Ordinance No. 12 -04, Rezoning Certain Real Property from R -1 X, Single Family Executive to PUD, Planned Unit Development MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, APPROVING FIRST READING OF ORDINANCE NO. 12 -04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. iii. Consideration of Resolution No. 04 -58 Approving Development Stage Plan/Preliminary Plat, Oakwood View. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, ADOPTING RESOLUTION NO. 04-58 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. iv. Public Hearing, Consider 1st Reading of Ordinance No. 07 -04, Vacating Drainage and Utility Easement, for property located at 125 Ash Street (Rice Creek Covenant Church). MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, APPROVING FIRST READING OF ORDINANCE NO. 07-04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. E) Consideration of Resolution No. 04 -69, Approving Development Agreement, Hailey Manor, Jim Studenski Pg. 107A-107S MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, ADOPTING RESOLUTION NO. 04-69 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. F) Consideration of Resolution No. 04 -70, Authorizing Preparation of Plans & Specifications for Well No. 5, Jim Studenski Pg. 108 -109 THE COUNCIL DISCUSSED A POSSIBLE AMENDMENT TO THE RESOLUTION AND CONCURRED TO INCLUDE THIS. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, ADOPTING AMENDED RESOLUTION NO. 04- 70 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. G) Consider 2nd Reading of Ordinance No. 15 -04, Authorizing Sale of Property, Former Black Duck Lift Station Parcel, Michael Grochala Pg. 110 -113 Page 5 EXPANDED AGENDA THE COUNCIL CONSIDERED THIS ITEM OUT OF ORDER, AFTER HEARING ITEMS 6H AND 61. MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION ON SECOND READING OF ORDINANCE NO. 15 -04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. H) Holly Drive Improvement Project, Jim Studenski i. Consideration of Resolution No. 04 -71, Approving Plans and Specifications and Authorizing Advertisement for Bids Pg. 114 -115 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, ADOPTING RESOLUTION NO. 04-71 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. [THE COUNCIL TOOK A 5- MINUTE RECESS AND THEN RECONVENED.] ii. Consideration of Resolution No. 04 -72, Authorizing Request to Advance Funds from the City's Municipal State Aid Street Account Pg. 116A -116D MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, ADOPTING RESOLUTION NO. 04-72 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. I) Consideration of Resolution No. 04 -67, Approving Joint Powers Agreement with City of North Oaks and the Town of White Bear for Sanitary Sewer and Water Crossing, Michael Grochala Pg. 117 -142 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, ADOPTING RESOLUTION NO. 04 -67 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. J) Public Hearing, Consider 1st Reading of Ordinance No. 08 -04, Vacating Drainage and Utility Easement, Outlot A, Highland Meadows East, Jeff Smyser. (Recommendation to continue to the June 28, 2004 regular City Council meeting) Pg. 143 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, CONTINUING THIS ITEM UNTIL THE JUNE 28, 2004 REGULAR CITY COUNCIL MEETING. THE MOTION PASSED UNANIMOUSLY. Page 6 EXPANDED AGENDA K) Comprehensive Plan Review Process, Michael Grochala Pg. 144 -146 COUNCILMEMBER REINERT REQUESTED THIS ITEM BE TABLED UNTIL THE FULL COUNCIL WAS PRESENT. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOTLZ, TO TABLE THIS ITEM UNTIL THE NEXT REGULAR COUNCIL MEETING, JUNE 14, 2004. VOTE: TWO AYES, TWO NAYS. THE MOTION FAILED. COUNCILMEMBERS DAHL AND CARLSON VOTED NAY. COUNCILMEMBERS STOLTZ AND REINERT VOTED AYE. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOTLZ, APPROVING THE PLAN REVIEW PROCESS AS RECOMMENDED BY STAFF. VOTE: TWO AYES, TWO NAYS. THE MOTION FAILED. COUNCILMEMBERS DAHL AND CARLSON VOTED NAY. COUNCILMEMBERS STOLTZ AND REINERT VOTED AYE. 7. Unfinished Business 8. New Business A) Approval of minutes of May 5, 2004 Council Work Session COUNCILMEMBER CARLSON NOTED ONE CORRECTION TO THESE MINUTES. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, APPROVING THE MINUTES OF MAY 5, 2004 AS CORRECTED. THE MOTION PASSED UNANIMOUSLY. COUNCILMEMBER STOLTZ ABSTAINED. 9. Community Calendar, May 25, 2004 through June 14, 2004: A) Environmental Board Meeting, Wednesday, May 26, 2004, 6:30 p.m. B) Special City Council Meeting — Award Farmland Lease Contract, Thursday, May 27, 2004, 6:30 p.m. C) Memorial Day Observed, City Hall Closed, Monday, May 31, 2004 D) Joint City Council & EDAC TIF Workshop, Wednesday, June 2, 2004, 6:00 p.m. E) EDAC Meeting, Thursday, June 3, 2004, 7:00 a.m. F) Park Board Meeting, Monday, June 7, 2004, 6:30 p.m. Page 7 EXPANDED AGENDA G) Council Work Session, Wednesday, June 9, 2004, 5:30 p.m. H) Planning & Zoning Board Meeting, Wednesday, June 9, 2004, 6:30 p.m. I) Liquor Violation Hearing — City Council, Monday, June 14, 2004, 5:30 p.m. I) City Council Meeting, Monday, June 14, 2004, 6:30 p.m. 10. Adjourn MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, TO ADJOURN THE MEETING AT 10:30 P.M. THE MOTION PASSED UNANIMOUSLY. Revised 05/19/04 ajb 11:10 a.m. Page 8 • EXPENDITURES MAY 24, 2004 • • Date: 05/06/2004 Time: 09:01:07 City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal 0s: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3923 - 3923 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 001100 CIRCLE PINES POST OFFICE 1 489.28 489.28 .00 Grand Totals: 1 489.28 489.28 .00 .00* • Date: 05/06/2004 Time: 09:04:19 City of Lino Lakes FM Entry - Invoice Journal ,es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3924 - 3924 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000408 AFSCME COUNCIL #14 1 600.88 600.88 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000720 BLAINE, CITY OF 1 20.00 20.00 .00 .00 001187 CONNEXUS ENERGY 2 2,866.88 2,866.88 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 80.98 80.98 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 777.00 777.00 .00 .00 004671 VERIZON WIRELES, BELLEVUE 1 55.96 55.96 .00 .00 Grand Totals: 8 4,438.70 4,438.70 .00 .00* • • - 7 - Date: 05/13/2004 Time: 13:45:39 City of Lino Lakes FM Entry - Invoice Journal Options: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3933 - 3933 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 89.46 89.46 .00 .00 000055 2ND WIND EXCERCISE EQUIPMENT, INC. 1 58.58 58.58 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 2 408.53 408.53 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 125.45 125.45 .00 .00 000093 ACE SOLID WASTE, INC. 1 509.69 509.69 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 301.25 301.25 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 345.00 345.00 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 647.75 647.75 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 27.74 27.74 .00 .00 NASH SALES, INC. 1 200.00 200.00 .00 .00 Ilk WIPERS AND WIPES, INC. 2 137.66 137.66 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 93.50 93.50 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 155.38 155.38 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 835.49 835.49 .00 .00 000370 CENTRAL COMMUINICATIONS 1 441.00 441.00 .00 .00 000405 RYDEEN, LESTER 1 99.98 99.98 .00 .00 000420 ANOKA COUNTY 2 56.95 56.95 .00 .00 000493 ASSET RECOVERY CORPORATION 1 2,935.75 2,935.75 .00 .00 000539 TARGET 1 31.69 31.69 .00 .00 000541 ASPEN MILLS, INC. 1 274.80 274.80 .00 .00 000634 DNR SCREEN PRINTING, INC. 2 301.60 301.60 .00 .00 • Date: 05/13/2004 Time: 13:45:39 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000670 BERNSTEIN, BARRY 1 46.36 46.36 .00 .00 000675 BILL'S RENTAL CENTER, INC. 1 131.20 131.20 .00 .00 000810 BRAUER & ASSOCIATES, LTD. 1 9,525.25 9,525.25 .00 .00 000888 JOHNSON, RICK 1 90.00 90.00 .00 .00 000900 W E LAHR COMPANY 1 308.66 308.66 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 15,597.70 15,597.70 .00 .00 000946 C. P. OFFICE PRODUCTS 6 816.91 816.91 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. 1 74.62 74.62 .00 .00 001078 REHBEIN'S BLACK DIRT /SNOW REMOVAL 1 183.18 183.18 .00 .00 001082 IDENTISYS, INC. 1 393.52 393.52 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 42.60 42.60 .00 .00 001247 CROWN TROPHY, INC. 1 2,380.23 2,380.23 .00 .00 001260 ACCLAIM BENEFITS 1 144.20 144.20 .00 .00 001292 DEHN OIL COMPANY, INC. 1 3,300.48 3,300.48 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 10.00 10.00 .00 .00 00 FORTIS BENEFITS, INC. 1 872.23 872.23 .00 .00 0 FRATTALLONE'S HARDWARE, INC. 1 187.95 187.95 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2 6,383.64 6,383.64 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 113.76 113.76 .00 .00 001720 GRAINGER, INC. 1 12.74 12.74 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 60.99 60.99 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 2,867.50 2,867.50 .00 .00 002036 JACKSON - HIRSH, INC. 1 77.53 77.53 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.40 5.40 .00 .00 002153 KNOWLAN'S SUPER MARKETS, INC. 1 18.05 18.05 .D0 .00 002178 WILSON DEVELOPMENT SERVICES 1 5,559.67 5,559.67 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 18,500.00 18,500.00 .00 .00 • Date: 05/13/2004 Time: 13:45:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount V111111# Name # of items Net Gross Discount Lost 002310 LEAGUE OF MINNESOTA CITIES 1 120.35 120.35 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 162.10 162.10 .00 .00 002410 LINO LAKES LIONS CLUB 1 400.00 400.00 .00 .00 002485 MARUDAS, INC. 1 5,673.58 5,673.58 .00 .00 002508 MUNICIPAL CLERKS /FINANCE OFFICERS ASSOC 1 35.00 35.00 .00 .00 002516 TEE'S PLUS (EDH,INC.) 1 1,359.60 1,359.60 .00 .00 002550 MENARDS, INC. 1 27.49 27.49 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 54,109.93 54,109.93 .00 .00 002584 METRO SALES INCORPORATED 2 1,392.57 1,392.57 .00 .00 002650 MIDWEST RADAR & EQUIPMENT, INC. 1 450.00 450.00 .00 .00 002694 SBC, INC. 1 27.54 27.54 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 1,595.67 1,595.67 .00 .00 003009 MONTANA PACIFIC, INC. 1 600.00 600.00 .00 .00 003123 NATURE CALLS, INC. 1 1,038.35 1,038.35 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 79.55 79.55 .00 .00 0 XCEL ENERGY 1 3,432.13 3,432.13 .00 .00 0 OTTER LAKE ANIMAL CARE CENTER, INC. 2 405.59 405.59 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 12.14 12.14 .00 .00 003491 PETTY CASH 1 58.59 58.59 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 216.00 216.00 .00 .00 003789 RIVARD ELECTRIC COMPANY, INC. 1 1,802.00 1,802.00 .00 .00 003860 RUFFRIDGE- JOHNSON, INC. 1 17.15 17.15 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 2,285.00 2,285.00 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 249.45 249.45 .00 .00 004173 STATE OF MINNESOTA /BUILDING CODES & STAN 1 35.00 35.00 .00 .00 004240 STREICHER'S, INC. 1 21.25 21.25 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 83.29 83.29 .00 .00 Date: 05/13/2004 Time: 13:45:41 City of Lino Lakes FM Entry - Invoice Journal • # Name Operator: JAL Page: Discount # of items Net Gross Discount Lost 004350 T.K.D.A. 1 4,238.57 4,238.57 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 786.00 786.00 004530 TURF SUPPLIES, INC. 1 3,695.55 3,695.55 004560 U S BANK 1 6,099.07 6,099.07 004562 NATIONAL WATERWORKS, INC. 1 7,158.90 7,158.90 004590 UNIFORMS UNLIMITED, INC. 3 332.67 332.67 004660 URICH, TRACEY 1 45.99 45.99 004802 FRAUENSHUH COMPANIES 1 64.28 64.28 004840 WINNICK SUPPLY, INC. 1 44.42 44.42 004880 ZACK'S INC. MUN. INDUS. SUP 1 78.81 78.81 005005 GREEN LIGHTS RECYCLING, INC. 2 202.09 202.09 005007 RADIODETECTION 1 12.00 12.00 005009 BURROWS, WILLIAM A. 1 15,750.00 15,750.00 005010 FOSTER APPRAISALS, INC. 1 5,100.00 5,100.00 005012 WEBER, LISA 1 34.00 34.00 2 PITNEY WORKS RESERVE ACCOUNT 1 5,000.00 5,000.00 9 6 AVALON HOMES, INC. 1 500.00 500.00 Grand Totals: 113 200,660.79 200,660.79 • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* Date: 05/13/2004 Time: 13:49:50 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: Print: Report Format: # of copies: Total By Account: Check # Vendor Alpha Name 0 0 70964 0 0 70968 0 0 0 0 0 0 • 0 • (A) (A) (A) (A) (A) (R) (A) (A) (A) D 1 . 1 Y 3925 3937 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description 2ND WIND EXCERCISE EQU ADVANCED GRAPHIX, INC. AFSCME COUNCIL #14 AVALON HOMES, INC. FRAUENSHUH COMPANIES LAW ENFORCEMENT LABOR EQUIPMENT GRAPHICS PAYROLL WITHHOLDING REIMB BLDG ESCROW /6574 S REIMBURSE D Q DEVELOPMEN PAYROLL WITHHOLDING METRO COUNCIL WASTEWAT APRIL SAC /MAY SEWER OTTER LAKE ANIMAL CARE ANIMAN CONTROL T.K.D.A. PROF SERV /MARCH U S BANK SOFTWARE /BATTERIES /CAR S WEBER, LISA REIMBURSE PROGRAM REC WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR Total for Dept ** LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT Total for Dept 200 Amount 0 DNR SCREEN PRINTING, I T- SHIRTS ADULT SP 0 U S BANK SOFTWARE /BATTERIES /CAR S ADULT SP Total for Dept 202 0 MONTANA PACIFIC, INC. KITES SPECIAL Total for Dept 205 58.58 301.25 600.88 500.00 64.28 777.00 13,365.00 146.67 3,733.39 159.73 34.00 649.00 20,389.78* 370.00 370.00* 301.60 286.82 588.42* 600.00 600.00* 0 CROWN TROPHY, INC. TROPHIES YOUTH IN 1,586.82 0 U S BANK SOFTWARE /BATTERIES /CAR S YOUTH IN 93.00 Total for Dept 207 1,679.82* 0 CROWN TROPHY, INC. TROPHIES YOUTH SP 0 U S BANK SOFTWARE /BATTERIES /CAR S YOUTH SP Total for Dept 208 0 TARGET SUPPLIES 0 TIMESAVER OFF -SITE SEC APR 26, 29 Total for Dept 401 MAYOR /CO MAYOR /CO 793.41 93.00 886.41* 19.71 786.00 805.71* Date: 05/13/2004 Time: 13:49:50 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 FLEXIBLE SPENDING ADMINI 0 FILING FEE 70965 MEETING /ANN B O MONTHLY SERVICE /APRIL -MA 0 REISSUE VOIDED AP #70675 O MEMBERSHIP /JEAN V -JULY 0 0 WEB HOSTING Total for Dept 402 ACCLAIM BENEFITS ANOKA COUNTY BLAINE, CITY OF CULLIGAN, BOTTLED WATE FORTIS BENEFITS, INC. MUNICIPAL CLERKS /FINAN ONVOY, INC. ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 SENIORS Total for Dept 406 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 FINANCE 0 LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT FINANCE Total for Dept 407 144.20 56.95 20.00 74.62 114.68 35.00 47.50 492.95* 4.63 4.63* 47.97 8,140.00 8,187.97* O WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO 14,948.70 Total for Dept 414 14,948.70* 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 ECONOMIC 0 U S BANK SOFTWARE /BATTERIES /CAR S ECONOMIC Total for Dept 415 O FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 PLANNING 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICES /AP PLANNING Total for Dept 416 • 0 T.K.D.A. PROF SERV /MARCH Total for Dept 417 ENGINEER O FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 Communit O LEAGUE OF MINNESOTA CI 2004 DIRECTORIES Communit 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICES /AP Communit Total for Dept 418 0 0 0 0 70966 0 0 0 0 0 0 0 70969 0 0 • ASPEN MILLS, INC. C. P. OFFICE PRODUCTS CENTRAL COMMUINICATION CLEARWATER CREEK CONVE CONNEXUS ENERGY EMERGENCY AUTOMOTIVE T FORTIS BENEFITS, INC. IDENTISYS, INC. IMAGE PRINTING & GRAPH LEAGUE OF MINNESOTA CI METRO SALES INCORPORAT MIDWEST RADAR & EQUIPM MN DEPT OF ADMIN /INTEC OTTER LAKE ANIMAL CARE STREICHER'S, INC. UNIFORM SUPPLIES OFFICE SUPPLIES A T & T CHARGES /APRIL CAR WASHES MONTHLY SERVICE /APRIL ANTENNA /HARNESS /HOUSING/ REISSUE VOIDED AP RIBBON PRINTING SERVICE 2004 DIRECTORIES COPIER BILLING CERTIFICATES /10 MARCH USAGE ANIMAL CONTROL POCKET LIGHT POLICE POLICE POLICE POLICE POLICE POLICE #70675 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 12.75 25.00 37.75* .33 1,949.00 1,949.33* 505.18 505.18* 29.36 40.12 224.00 293.48* 274.80 369.34 441.00 42.60 21.31 6,383.64 327.09 393.52 162.10 40.12 350.57 450.00 37.00 258.92 21.25 Date: 05/13/2004 Time: 13:49:50 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 70970 Description Dept Amount TEE'S PLUS (EDH,INC.) T- SHIRTS POLICE U S BANK SOFTWARE /BATTERIES /CAR S POLICE UNIFORMS UNLIMITED, IN UNIFORM SUPPLIES POLICE VERIZON WIRELES, BELLE MONTHLY SERVICE /APRIL POLICE Total for Dept 420 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 FIRE Total for Dept 421 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 BUILDING 0 STATE OF MINNESOTA /BUI 2004 SPRING SEMINAR /VERN BUILDING Total for Dept 422 0 70966 0 0 0 0 0 0 0 • A & L SUPERIOR SOD CO, CONNEXUS ENERGY FORTIS BENEFITS, INC. JOHNSON, RICK MENARDS, INC. PETTY CASH REHBEIN'S BLACK DIRT /S SBC, INC. T.A. SCHIFSKY AND SONS SOD MONTHLY SERVICE /APRIL REISSUE VOIDED AP #70675 DEER REMOVAL /62ND STREET MAIL BOX REPAIR TAPE /APRON /PARTS /OIL /BLE BLACK DIRT MONTHLY SERVICE /APRIL ASPHALT Total for Dept 430 0 AMERICAN FASTENER & SU PARTS /SUPPLIES 0 DERN OIL COMPANY, INC. GASOHOL 0 FACTORY MOTOR PARTS CO BATTERY 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 0 MACQUEEN EQUIPMENT, IN SWITCH /VALVE /BULB 0 PETTY CASH TAPE /APRON /PARTS /OIL /BLE 0 RUFFRIDGE- JOHNSON, INC FUEL FILTER 0 RYDEEN, LESTER REIMBURSE BATTERY 0 TOLL GAS & WELDING SUP CYCLINDER 0 W E LAHR COMPANY PARTS /SUPPLIES Total for Dept 431 0 ACE SOLID WASTE, INC. 0 AMERIPRIDE LINEN /APPAR 0 ANCHOR PAPER COMPANY, 0 C. P. OFFICE PRODUCTS 0 CENTERPOINT /MINNEGASCO 70966 CONNEXUS ENERGY 0 FORTIS BENEFITS, INC. 0 GLENWOOD INGLEWOOD, IN 0 GRAINGER, INC. 0 J. H. LARSON COMPANY, 0 JACKSON - HIRSH, INC. 0 LEAGUE OF MINNESOTA CI 0 METRO SALES INCORPORAT STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET MONTHLY SERVICE /APRIL -MA GOVERNME MAT RENTAL GOVERNME PAPER GOVERNME OFFICE SUPPLIES GOVERNME MONTHLY SERVICE /APRIL GOVERNME MONTHLY SERVICE /APRIL GOVERNME REISSUE VOIDED AP #70675 GOVERNME MONTHLY SERVICE /APRIL GOVERNME COUPLER INSERT GOVERNME SYLVAN BULBS GOVERNME LAMINATE MATERIAL GOVERNME 2004 DIRECTORIES GOVERNME COPIER MAINTENANCE GOVERNME -14- 1,359.60 927.48 332.67 55.96 12,248.97* 37.51 37.51* 46.21 35.00 81.21* 89.46 771.75 65.98 90.00 27.49 13.85 183.18 9.18 83.29 1,334.18* 3.71 3,300.48 79.55 12.89 15.53 647.75 9.90 17.15 99.98 5.40 308.66 4,501.00* 340.04 155.38 835.49 447.57 764.54 842.62 7.38 113.76 12.74 125.45 77.53 40.11 1,042.00 Date: 05/13/2004 Time: 13:49:50 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 PETTY CASH TAPE /APRON /PARTS /OIL /BLE GOVERNME 5.33 0 PITNEY WORKS RESERVE A POSTAGE ESCROW GOVERNME 5,000.00 O RIVARD ELECTRIC COMPAN BOXES /SWITCHES /CONNECTOR GOVERNME 1,802.00 O U 5 BANK SOFTWARE /BATTERIES /CAR S GOVERNME 3,963.23 O VIKING ELECTRIC SUPPLY SUPPLIES GOVERNME 12.14 0 WIPERS AND WIPES, INC. TOWELS GOVERNME 137.66 0 XCEL ENERGY MONTHLY SERVICE /APRIL GOVERNME 3,248.08 Total for Dept 432 18,973.05* O ACE SOLID WASTE, INC. MONTHLY SERVICE /APRIL -MA PARKS 169.65 O AMERICAN FASTENER & SU CABLE PARKS 24.03 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /APRIL PARKS 159.27 70966 CONNEXUS ENERGY MONTHLY SERVICE /APRIL PARKS 42.60 O FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 PARKS 64.79 O FRATTALLONE'S HARDWARE PARTS /SUPPLIES PARKS 83.87 O HUGO FEED MILL & ELEVA SWITCH /WASHER /FILES /CHAI PARKS 60.99 0 NATURE CALLS, INC. PORTABLE RESTROOMS PARKS 1,038.35 0 TURF SUPPLIES, INC. SUPPLIES PARKS 3,695.55 O U S BANK SOFTWARE /BATTERIES /CAR S PARKS 259.00 0 URICH, TRACEY REIMBURSE CLOTHING ALLOW PARKS 45.99 O ZACK'S INC. MUN. INDUS BROOMS PARKS 78.81 Total for Dept 450 5,722.90* O BERNSTEIN, BARRY MILEAGE RECREATI 46.36 O FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 RECREATI 37.39 O U S BANK SOFTWARE /BATTERIES /CAR S RECREATI 219.97 Total for Dept 451 303.72* • 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 ENVIRONM 5.10 Total for Dept 461 5.10* 0 ASSET RECOVERY CORPORA RECYCLING DAY SOLID WA 2,935.75 O FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 SOLID WA 5.26 0 GREEN LIGHTS RECYCLING RECYCLING DAY SOLID WA 202.09 0 KNOWLAN'S SUPER MARKET SUPPLIES /RECYCLING DAY SOLID WA 18.05 0 LINO LAKES LIONS CLUB RECYCLING DAY SOLID WA 400.00 O NASH SALES, INC. RECYCLING DAY SOLID WA 200.00 0 PRESS PUBLICATIONS, IN ADVERTISING SOLID WA 216.00 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 249.45 0 TARGET SUPPLIES SOLID WA 11.98 Total for Dept 462 4,238.58* O BILL'S RENTAL CENTER, STUMP GRINDER RENTAL FORESTRY 131.20 0 FORTIS BENEFITS, INC. REISSUE VOIDED AP #70675 FORESTRY 5.10 Total for Dept 463 136.30* 0 ABLE HOSE AND RUBBER, GASKET WATER 408.53 0 AID ELECTRIC SERVICE, CONTROLLER WATER 345.00 O CENTERPOINT /MINNEGASCO MONTHLY SERVICE /APRIL WATER 671.86 70963 M CIRCLE PINES POST OFFI POSTAGE /UTILITY BILLING WATER 244.64 • Date: 05/13/2004 Time: 13:49:50 • Check # Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 70966 MONTHLY SERVICE /APRIL 0 REISSUE VOIDED AP #70675 0 PARTS /SUPPLIES 0 CONTAINER DEMURRAGE 70967 SUPPLIES 0 WATER SAMPLES 0 PROGRESS BILLING /AUDIT 0 UTILITY MAILERS 0 I BRACKETS /GASKETS /REGISTE 0 TAPE /APRON /PARTS /OIL /BLE 0 MANUAL 0 MONTHLY SERVICE /APRIL 0 SOFTWARE /BATTERIES /CAR S 0 TUBE /RANDOM Total for Dept 494 CONNEXUS ENERGY FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE HAWKINS WATER TREATMEN HOME DEPOT CREDIT SERV INSTRUMENTAL RESEARCH, LARSON ALLEN WEISHAIR MARUDAS, INC. NATIONAL WATERWORKS, PETTY CASH RADIODETECTION SBC, INC. U S BANK WINNICK SUPPLY, INC. 70963 POSTAGE /UTILITY BILLING 70966 MONTHLY SERVICE /APRIL . 0 REISSUE VOIDED AP #70675 0 JET /VAC 0 PROGRESS BILLING /AUDIT 0 UTILITY MAILERS 0 APRIL SAC /MAY SEWER 0 MANUAL 0 MONTHLY SERVICE /APRIL 0 MONTHLY SERVICE /APRIL Total for Dept 495 • 0 BRAUER & ASSOCIATES, L 0 BURROWS, WILLIAM A. 0 FOSTER APPRAISALS, INC 0 INFRATECH TECHNOLOGIES 0 LARSON ALLEN WEISHAIR 0 SHORT - ELLIOTT- HENDRICK 0 WILSON DEVELOPMENT SER M CIRCLE PINES POST OFFI CONNEXUS ENERGY FORTIS BENEFITS, INC. INFRATECH TECHNOLOGIES LARSON ALLEN WEISHAIR MARUDAS, INC. METRO COUNCIL WASTEWAT RADIODETECTION SBC, INC. XCEL ENERGY LANDSCAPE ARCHITECT APPRAISAL /62ND STREET APPRAISAL /62ND STREET JET /VAC PROGRESS BILLING /AUDIT PROFESSIONAL SERVICES /AP ACQUISITION /RELOCATION S Total for Dept 499 WATER 922.46 WATER 23.90 WATER 88.55 WATER 10.00 WATER 80.98 WATER 93.50 WATER. 1,850.00 WATER 2,836.79 WATER 7,158.90 WATER 29.51 WATER 6.00 WATER 13.77 WATER 71.84 WATER 44.42 14,900.65* SEWER 244.64 SEWER 266.14 SEWER 23.91 SEWER 1,665.00 SEWER 1,850.00 SEWER 2,836.79 SEWER 40,744.93 SEWER 6.00 SEWER 4.59 SEWER 184.05 47,826.05* OTHER 9,525.25 OTHER 15,750.00 OTHER 5,100.00 OTHER 1,202.50 OTHER 6,290.00 OTHER 112.00 OTHER 5,559.67 43,539.42* Grand Total 205,588.77* • Centennial Fire District Check Register 5/17/2004 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 5/14/2004 14246 5/14/2004 14247 5/14/2004 14248 5/14/2004 14249 5/14/2004 14250 5/14/2004 14251 5/14/2004 14252 5/14/2004 14253 5/14/2004 14254 5/14/2004 14255 5/14/2004 14256 5/14/2004 14257 5/14/2004 14258 5/14/2004 14259 5/14/2004 14260 5/14/2004 14261 5/14/2004 14262 5/14/2004 14263 5/14/2004 14264 5/14/2004 14265 5/14/2004 14266 5/14/2004 14267 5/14/2004 14268 5/14/2004 14269 5/14/2004 14270 AeroForesnsic, LLC. Ancom Technical Center Aspen Mills Bill's Rental Center BoundTree Medical Chemsearch Comcast David Bruder Frattalone's Hardware Hugo Feed Mill & Elevator League of Minnesota Cities Loftier Business Systems McLeod USA Metro Fire MN Fire Service Certification Board Municipal Emergency Services, Inc. Orkin Exterminating Qwest Red Rooster Auto Stores Stellar Energy Services, Inc. Xcel Energy Postmaster Northern Safety Technology, Inc. Viking Office Products AeroForesnsic, LLC. ACCOUNT 42220 - Travel, Conf. Schools 42130 - Equipment Expense 42120 - Uniform Expense 42130 - Equipment Expense 42130 - Equipment Expense 42230 - Cleaning Service & Supp. 42280 - Miscellaneous Expense 42180 - Office Supplies Expense 42110 - Other Maintenance 42110 - Other Maintenance 42140 - Insurance Expense 42180 - Office Supplies Expense 42240 - Telephone Expense 42130 - Equipment Expense 42220 - Travel, Conf. Schools 42130 - Equipment Expense 42110 - Other Maintenance 42240 - Telephone Expense 42000 - Vehicle Maintenance 42110 - Other Maintenance 42254 - Station 2 - Electric 42180 - Office Supplies Expense 42000 - Vehicle Maintenance 42180 - Office Supplies Expense 42220 - Travel, Conf. Schools AMOUNT 299.00 923.56 66.45 66.75 102.88 142.98 95.00 100.01 196.19 9.33 25,835.00 70.48 356.35 947.26 565.00 1,223.75 56.23 187.90 95.77 420.04 469.68 111.00 848.25 45.83 299.00 33,533.69 • AGENDA ITEM 1B STAFF ORIGINATOR: Jean Viger, Deputy Clerk MEETING DATE: May 24 2004 TOPIC: Resolution 04 -64, Approving Premises Permit Application, Lino Lakes Lions Club VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Lino Lakes Lions Club is renewing its lawful gambling license, which will expire on August 31, 2004. According to Minnesota Statute 349.213, Subd. 2, the gambling control board may not issue or renew a premises permit unless the organization submits a resolution of approval from the city council. 410 The Lino Lakes Police Department has conducted a background investigation of the CEO and found no reason to deny approval of the resolution. A copy of the notification and a copy of the background investigation are on file in the city clerk's office. OPTIONS: 1. Approve Resolution 04 -64 2. Deny Resolution 04 -64 RECOMMENDATION: Option No. 1 • • • WHEREAS, WHEREAS, COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 04 -64 APPROVING PREMISES PERMIT APPLICATION FOR THE LINO LAKES LIONS CLUB the Lino Lakes City Council met at its regularly scheduled meeting of May 24, 2004; and the Minnesota Gambling Control Board requires the Lion Lakes Lions Club to submit a resolution from the city council approving the premises permit application; and WHEREAS, the City of Lino Lakes has conducted the required background investigation; and WHEREAS, the Lino Lakes Lions Club is in compliance with the City Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the renewal of the premises permit application for the Lion Lakes Lions Club to conduct lawful gambling at the American Legion, Post 566, 7731 Lake Drive, Lino Lakes, Minnesota. Approved by the City Council of the City of Lino Lakes this 24th day of May, 2004. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor • • AGENDA ITEM IC STAFF ORIGINATOR: Jean Viger, Deputy City Clerk DATE: May 24, 2004 TOPIC: Resolution No. 04 -66, Approving Canvasser /Solicitor License for ACORN (Minnesota Association of Community Organizations for Reform Now) VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Ms. Rebecca Gomer, director of MN ACORN, has submitted an application to obtain a non -profit canvasser /solicitor license from the City of Lino Lakes. ACORN is a non- profit organization whose priorities include helping the working poor families own a home of their own. Mr. Marc Wermager will be soliciting the Lino Lakes neighborhoods seeking charitable donations to further the organization's mission. (see attached flyers) ACORN 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 completed the investigation and found no reason to recommend denial of the license. The fee for non -profit organizations is waived. The application, the non - profit certificate of authority for both ACORN and its parent organization, the American Institute for Social Justice, Minnesota Project and the background investigation results are on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No. 04 -66 2. Deny Resolution No. 04 -66 RECOMMENDATION: Option No. 1 • • • CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 04 - 66 RESOLUTION APPROVING SOLICITOR'S /PEDDLERS LICENSE WHEREAS, Ms. Rebecca Gomer, director of MN ACORN (Association of Community Organizations for Reform Now) has submitted a solicitors /peddlers application to the city clerk's office; and WHEREAS, Ms. Rebecca Gomer has complied with all of the provisions of Chapter 612 of the Lino Lakes City Code for obtaining the necessary license for a non - profit organization; and WHEREAS, the Lino Lakes Police Department has conducted a background check on Ms. Gomer, the director and Mr. Marc Wermager, the canvasser /solicitor, NOW, THEREFORE, by order of the Lino Lakes City Council, and virtue thereof, the said organization, ACORN, is hereby authorized to solicit door to door in the City of Lino Lakes for a period of six (6) months beginning May 25, 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 24th`' day of May, 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 1D STAFF ORIGINATOR: Gordon Heitke, City Administrator MEETING DATE: May 24, 2004 TOPIC: Consider Adoption of Resolution No. 04 -74, Authorizing Execution of Agreement for COPS Universal Hiring Program VOTE REQUIRED: (3 / 5) Simple Majority BACKGROUND: At the Council Work Session held on May 5, 2004, the Council discussed that the City had applied for and been awarded grants to fund three full -time additional police officer positions. The attached resolution formally authorizes execution of the grant agreement. OPTIONS: 1. Approve Resolution No. 04 -74 Authorizing Execution of Agreement for COPS Universal Hiring Program. 2. Deny Resolution No. 04 -74. 3. Return to staff for further consideration. RECOMMENDATION: Option 1 • • • CITY OF LINO LAKES RESOLUTION NO. 04-74 AUTHORIZING EXECUTION OF AGREEMENT FOR COPS UNIVERSAL HIRING PROGRAM WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of May 24, 2004, and; WHEREAS, the City of Lino Lakes applied to the U.S. Department of Justice COPS Universal Hiring Program for funding assistance to enable the City to hire additional police officers, and; WHEREAS, the U.S. Department of Justice has awarded the City a grant in the estimated amount of $225,000 for the salaries and expenses of three full -time additional officer positions, and; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves Resolution No. 04 -74 authorizing the City to enter into a grant agreement with the U.S. Department of Justice, COPS Universal Hiring Program to receive funding for salaries and expenses related to hiring additional police officers. David J. Pecchia, Chief of Police and Gordon Heitke, City Administrator are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes. Adopted by the Lino Lakes City Council this 24th day of May, 2004. ATTEST: Ann J. Blair, City Clerk John Bergeson, Mayor • • STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM lE Gordon Heitke, City Administrator May 24, 2004 Consider Adoption of Resolution No. 04 -75, Authorizing City to Enter into Grant Agreement with the Department of Public Services for the 2004 Citizen Corps Program VOTE REQUIRED: (3 / 5) Simple Majority BACKGROUND: At the Council Work Session held on May 5, 2004, the Council discussed that the City had applied for and been awarded a grant to fund a new volunteer coordinator position and purchase equipment for police reserve officers. The attached resolution formally authorizes execution of the grant agreement. OPTIONS: 1. Approve Resolution No. 04 -75 Authorizing City to Enter into Grant Agreement with the Department of Public Services for the 2004 Citizen Corps Program. 2. Deny Resolution No. 04 -75. Return to staff for further consideration. RECOMMENDATION: Option 1 • • • CITY OF LINO LAKES RESOLUTION NO. 04 -75 AUTHORIZING CITY TO ENTER INTO AGREEMENT WITH THE DEPARTMENT OF PUBLIC SERVICES FOR THE 2004 CITIZEN CORPS PROGRAM WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of May 24, 2004, and; WHEREAS, the City of Lino Lakes applied for a 2004 Citizen Corps Program Grant from the Minnesota Department of Public Safety, and; WHEREAS, on 19 April 2004, the city was informed that it had been awarded the grant in an amount estimated to be $54,000 for funding the new position of volunteer coordinator and for uniforms and equipment for new police reserve officers, and; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves Resolution No. 04 -75 authorizing the City to enter into a grant agreement with the Minnesota Department of Public Safety to receive funding for the volunteer coordinator position and purchase equipment for police reserve officers. David J. Pecchia, Chief of Police and Gordon Heitke, City Administrator are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes. Adopted by the Lino Lakes City Council this 24th day of May, 2004. ATTEST: Ann J. Blair, City Clerk John Bergeson, Mayor • • • AGENDA ITEM 3A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: May 24, 2004 TOPIC: Consider Adoption of Resolution No. 04 -73, Expressing Support for the First Annual Blue Heron Days Parade and Authorizing Staff to Work with Community Festival Organizers to Facilitate this Event VOTE REQUIRED: (3 / 5) Simple Majority BACKGROUND: A group of local business persons, the "Blue Heron Days Community Festival Committee" are firming up plans in the hopes of organizing a first annual community festival to take place August 20 -21, 2004. Their intention is for this to become an annual family event in the City, with a parade, a 5K race, possibly a car show, and other related events. The "Blue Heron Days" committee is seeking the necessary approvals to conduct a parade on Saturday, August 21, 2004 at approximately noon. At a City Council work session on April 7, 2004, festival organizers presented information, and general concept approval was expressed by the Council. The proposed "Blue Heron Days," while not a City- sponsored festival, requires City and Anoka County approvals in order to take place. An application for the parade has been received by the City and reviewed by Staff. The proposal calls for a parade which would travel northeasterly along Lake Drive, with its initial staging area occurring in the SuperTarget parking lot. This would require temporary closure of a portion of Lake Drive, which is a County road. The proposal included a "Route A" and an alternative "Route B" option for the conclusion of the parade. On Monday May 17, 2004, the Anoka County Public Works Committee considered the proposal and unanimously agreed to recommend the parade with the "Route B" closing which would travel along Lake Drive and end at James Street. The committee is forwarding this proposal to be considered by the full board of Anoka County Commissioners on Tuesday, May 25, 2004. The committee's recommendation for approval is conditioned upon the City of Lino Lakes submitting a resolution in support of the parade proposal. Subject to working with applicant on ongoing safety, signage, and related concerns, and subject to the approval of the Anoka County Board of Commissioners, staff recommends moving forward with the parade concept as requested. The attached Resolution No. 04- 73 accomplishes this. OPTIONS: 1. Approve Resolution No. 04 -73 Expressing Support for the First Annual Blue Heron Days Parade and Authorizing Staff to Work with Community Festival Organizers to Facilitate this Event. 2. Deny Resolution No. 04 -73. 3. Return to staff for further consideration. RECOMMENDATION: Option 1 • • • CITY OF LINO LAKES RESOLUTION NO 04 -73 A RESOLUTION EXPRESSING SUPPORT FOR THE FIRST ANNUAL BLUE HERON DAYS PARADE AND AUTHORIZING STAFF TO WORK WITH THE COMMUNITY FESTIVAL ORGANIZERS TO FACILITATE THIS EVENT WHEREAS, the Blue Heron Days Community Festival Committee has approached the City Council of Lino Lakes and requested approval to conduct a parade within the City; and WHEREAS, a parade is a ceremonial display of community involvement and pride and various businesses in the City have indicated a willingness to support and sponsor such an event; and WHEREAS, a parade would be a free event and community activity for the families of Lino Lakes; and WHEREAS, the Blue Heron Days Community Festival Committee has selected Saturday, August 21, 2004 at mid -day as the time for this parade and has submitted an application to the City for this event; and WHEREAS, the proposal calls for a parade which has a staging area in the SuperTarget parking lot and travels northeasterly along Lake Drive, ending at James Street and which would require a temporary road closure of a portion of Lake Drive, which is subject to approval by Anoka County and its Board of Commissioners, and; WHEREAS, the City Council wants to ensure the safety and convenience of its residents and ensure that proper safety, signage, and related issues are addressed to the satisfaction of Anoka County; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby expresses support for the first annual "Blue Heron Days" parade and authorizes staff to work with the festival committee members to facilitate this event, subject to approval of the parade route by the Anoka County Highway Department and the Anoka County Board of Commissioners. Adopted by the Lino Lakes City Council this day of , 2004. Ann Blair, City Clerk John Bergeson, Mayor • • Blue Heron Days Parade Route August 21, 2004 The parade is scheduled to begin at 11:00 a.m. along the east side of the street on the following route. End at James St Start at Super Target From Marketplace Dr • • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM NO. 5A Rick DeGardner, Public Services Director May 24, 2004 PUBLIC HEARING, Consider First Reading of Ordinance 14 -04, Amending City Code to Include Water - Sprinkling Ban Simple Majority As discussed in greater detail at the April 21st City Council Work Session, staff is recommending that the City Code be amended to include a water - sprinkling ban. There are several factors that have led to this recommendation. As part of updating the City's Comprehensive Water Plan, a related issue that needs to be addressed is our annual water appropriations permits from the Minnesota Department of Natural Resources (DNR). On an annual basis, the city completes an application to the DNR requesting a certain volume of water for consumption. The DNR then takes into account several factors such as historic growth, existing conservation measures, etc., to determine the city's permitted water volume. When cities exceed their approved water appropriation, the DNR fines the offending city based upon the amount of the overage. The city of Lino Lakes has exceeded the approved water appropriation the past several years. If left unchecked, the fines can become quite severe. There is currently a bill at the state legislature that, if approved, would allow the DNR to issue fines up to $10,000 per violation. There are several factors that the DNR takes into consideration when cities request a higher annual appropriation. The most significant issue is the cities existing conservation measures. The most common conservation measures are sprinkling bans and tiered water rates. Since Lino Lakes does not have any type of a sprinkling ban in place, our requests for additional appropriations have been denied. The same types of conservation measures are evaluated when the DNR reviews requests for additional well houses. A large percentage of the resident's water consumption is directly correlated to summer lawn sprinkling /irrigation. The table listed below summarizes the gallons of water consumed per quarter in 2003. Quarter 1 (typically Jan - Mar) is considered the Base Consumption, or domestic use that is attributed to typical household needs since outdoor watering does not occur in the winter. • • QUARTER TOTAL CONSUMPTI 1st Quarter 2002 59,269,000 18,355 2nd Quarter 2002 66,217,000 20,200 3`d Quarter 2002 121,632,000 36,146 4th Quarter 2002 107,660,000 31,360 Total 2002 354,778,000 26,665 1 st Quarter 2003 63,449,000 18,317 2nd Quarter 2003 74,367,000 21,317 3rd Quarter 2003 185,594,000 52,309 4th Quarter 2003 190,205,000 53,071 Total 2003 513,615,000 36,406 Historically, Lino Lakes has had the luxury of being able to meet the peak consumption demands of residents without imposing formal restrictions. The dry conditions we experienced last year put an extreme burden on our water supply system. Peak water demand exceeded production throughout the summer months while overnight demand allowed tower levels to only slightly recover. We are also at the point of potentially comprising our public safety and fire protection capabilities. For example, the Insurance Services Organization recommends that our system be capable of a sustained flow of 3,500 gpm for a four -hour duration. The ability of our system to meet this criterion while also supplying peak domestic demand is doubtful. For the reasons explained above, as well as the philosophy that the city of Lino Lakes should be environmentally responsible to conserve our precious resources, staff is recommending that a sprinkling ban be implemented. The proposed ordinance implements an odd /even sprinkling ban from May 15 - September 15. The City Administrator will also have the authority to further restrict the sprinkling of lawns as needed when an extreme water shortage exists. The first violation shall result in a $25 citation, and a $50 subsequent violation to those individuals who repeat violations within the same calendar year. The adoption of seasonal watering restrictions is a necessary and reasonable measure to control water consumption during periods of peak demand. A sprinkling ban with reasonable enforcement will put us in a better position to increase our annual water appropriations. Also, a sprinkling ban with reasonable enforcement will delay the need for additional well houses that are very costly to build and maintain. In order to be allowed to increase our water appropriations and build additional well houses, a sprinkling ban needs to be implemented. Staff is in the process of educating /informing our residents through various means including the front page of the upcoming city newsletter, information in utility billings, the Consumer Confidence Water Report that is sent to all residents connected to the water system, and signage at entrances to several residential subdivisions. It is staffs position that this year we will be concentrating on informing the public of the new sprinkling ordinance, not taking enforcement measures until 2005. The timeline of this ordinance is as follows: May 24, 2004 June 14,2004 June 15, 2004 July 15, 2004 Public Hearing and 1st Reading 2 "d Reading Published in Quad Community Press Ordinance in Effect OPTIONS: 1. Open the Public Hearing, take comment, close Public Hearing, then approve the first reading of Ordinance 14 -04, amending City Code to include Water Sprinkling Ban. 2, Return to staff. RECOMMENDATION: Option 1 • • 5/17/2004 RD /Utilities/ Greensheet sprinkling ban • • CITY OF LINO LAKES ORDINANCE NO. 14 -04 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, CHAPTER 400 WATER AND SEWER, BY ADDING SUBDIVISIONS 1 -4 UNDER SECTION 401.02, SEASONAL SPRINKLING RESTRICTIONS, TO ALLOW SEASONAL SPRINKLING RESTRICTIONS ON SPRINKLING OR WATERING OF LAWNS AND GARDENS FROM MAY 15 TO SEPTEMBER 15 EACH YEAR; PROVIDED HOWEVER, THAT ODD - NUMBERED PROPERTY ADDRESSES MAY WATER ON ODD - NUMBERED DAYS, AND EVEN - NUMBERED PROPERTY ADDRESSES MAY WATER ON EVEN - NUMBERED DAYS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The City Code of the City of Lino Lakes, Section 401.02, Use of Water Restricted to Authorized Persons, is amended as follows: 400 Water and Sewer 401. Municipal Water System 401.01 General Operation. The city municipal water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this chapter. 401.02 Use of Water Restriction to Authorized Persons. No person shall make, construct, or install any water service installation or make use of any water service which is connected to the water system except in the manner provided in this chapter. Section 1. 401.02 of the City Ordinances of the City of Lino Lakes is hereby amended to include the following: Subdivision 1. Seasonal Sprinkling Restrictions. To protect the health and safety of the consumers and the general welfare of the City, and to encourage water conservation, the City hereby adopts the following pennanent sprinkling ban. The sprinkling or watering of lawns and gardens is prohibited from May 15 to September 15 each year; provided, however, that odd - numbered property addresses may water on odd - numbered days, and even - numbered property addresses may water on even - numbered days. Subdivision 2. Authority to Restrict Use. The City of Lino Lakes hereby reserves the right to limit the use of water from the City water supply and distribution system and to prescribe emergency conditions for use of water. The City Administrator may in his/her discretion implement emergency measures if necessary supplementing the sprinkling ban under Subdivision 1 with a total prohibition on sprinkling. Subdivision 3. Exceptions. The sprinkling ban under subdivision 2 does not • apply to: a. Property owners using a private well for sprinkling:, • ORDINANCE No. 14 -04 • • b. Property owners who water new sod for the first twelve weeks after it is sodded or water new seed for the first twelve weeks after it is seeded; Subdivision 4. Violation. No person shall cause water to be used in violation of the provisions of this section. The first violation shall result in a $25 citation, and a $50 subsequent citation for those individuals who repeat violations. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2004. ATTEST: Date of Publication Effective Date City Clerk Mayor AGENDA ITEM NO. AK STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: May 24, 2004 TOPIC: Consideration of Resolution 04 -76, Directing Staff to Prepare and Execute Lease Agreement to Farm Property at Centerville Road and Birch Street VOTE REQUIRED: Simple Majority BACKGROUND: The following terms outline the lease agreement that has been agreed upon between the City of Lino Lakes and Mr. Jim Cardinal, 6657 Centerville Lake Road, Lino Lakes, MN, 55038: • Mr. Cardinal will be allowed to farm the 67 acres (approximately 50 tillable acres) of land owned by the City of Lino Lakes located at the south -east corner of Centerville Road and Birch Street. • Mr. Cardinal will submit payment in the amount of $1,500 prior to commencing farming operations. • This agreement expires December 31, 2004. OPTIONS: 1. Direct the city attorney and staff to prepare and incorporate the terms of the lease, and direct the city clerk and mayor to sign the lease for execution. 2. Return to staff for further review. RECOMMENDATION: Option 1. 2/20/14 RD /Council /Lease for farming FARMLAND LEASE AGREEMENT THIS AGREEMENT, is entered into this day of , 2004, between the City of Lino Lakes, a Minnesota municipal corporation ( "City ") and Andrew Cardinal, an individual. RECITALS 1. The City is the owner of land in Anoka County, Minnesota described on the attached Exhibit A. ( "Farm Land ") 2. The City and Andrew Cardinal agree that use of the Farm Land, as a crop farm is a proper and desirable aspect of maintenance of the Farm Land. NOW, THEREFORE, in consideration of the premises and in consideration of the payment of $1,600.00 by Andrew Cardinal to the City, receipt of which is hereby acknowledged, the parties agrees as follows: 1. Land Use. a. Andrew Cardinal will be allowed to farm the Farm Land as set forth below until December 31, 2004. b. Prior to commencing any farming operations, Andrew Cardinal will provide to the City a written statement setting forth Andrew Cardinal's plan for use and maintenance of the Farm Land, including designation of areas to be planted in crops and types of crops to be planted. c. Andrew Cardinal may participate in government programs with respect to the Farm Land at its discretion, provided that it has obtained prior written approval from the City regarding any specific government program. 2. Operation and Maintenance. a. Andrew Cardinal will provide the labor necessary to maintain the Farm Land and its improvements during the term of this agreement in good condition. b. Andrew Cardinal will not: (a) plow permanent pasture or meadowland; or (b) cuts live trees for sale or personal use; or (c) pasture new seedlings of legumes and grasses in the year 1 they are seeded without prior written consent of the City. c. Areas devoted to crops will not have weeds higher than 4 feet. 3. Restrictions. Andrew Cardinal will not house automobiles, motor trucks, or tractors in barns or otherwise engage in activities, which may violate the City's insurance policies, without prior written consent from the City. 4. Crops. Andrew Cardinal may plant crops on the Farm Land pursuant to the plan referred to in paragraph 1.b., above; and may harvest such crops for its own use. 5. Insurance. Andrew Cardinal shall take out and maintain during the term of this lease, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Andrew Cardinal's work upon the Farmland. Limits for bodily injury and death shall be not less than $300,000 for one person and $1,000,000 for any occurrence. Limits for property damage should be not less than $100,000 for each occurrence. The City shall be named as additional insured on the policy and Andrew Cardinal shall file with the City a certificate evidencing coverage prior to occupation of the property. The certificate shall provide that the City must be given ten (10) days advance written notice of a cancellation of insurance. This certificate may not contain any disclaimer for failure to give the required notice. CITY OF LINO LAKES John Bergeson, Mayor Andrew Cardinal Ann Blair, City Clerk 2 AGENDA ITEM 6A STAFF ORIGNINATOR: Marty Asleson CITY COUNCIL MEETING DATE: May 24, 2004 TOPIC: Public Hearing. Second Reading to Consider Ordinance NO. 16 -04, an Ordinance Regulating the Surface Use of Motorized Watercraft on Peltier Lake, Amending Ordinance 03 -02 by Repealing the Sunset Clause of Section 8. VOTE REQUIRED: 3/5 Vote BACKGROUND: Ordinance 03 -02 was passed by the Lino Lakes City Council on March 25th, 2002. Ordinance 03 -02 is an ordinance regulating the surface use of motorized watercraft on Peltier Lake. The purpose of this ordinance is to control and regulate the use of water on Peltier Lake, in Anoka County Minnesota, said body of water being located within the boundaries of the City of Lino Lakes and the City of Centerville, and to promote Peltier Lakes fullest use and enjoyment by the public in general; to insure safety for persons and property in the use of said waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of said waters, and to promote the general health, safety and welfare of the citizens of Lino Lakes, Minnesota. Both the Cities of Lino Lakes and Centerville passed by ordinance 03 -02 jointly and cooperatively. The City of Lino Lakes and the City of Centerville passed identical ordinances except for a provision in the Lino Lakes ordinance allowing for Sunset of the Ordinance on September 1, of 2004. The purpose of this Sunset Clause was to allow time for professional evaluation of the ordinance, and for the City of Lino Lakes to review changes to the status of biologic concerns that were presented in the reasons for passing Ordinance 03-02 . Since the passage of Ordinance 03 -02, monitoring of the northern portion of Peltier Lake has seen the return of Great Blue herons to successful nesting in 2003 and 2004. There were over 300 pairs of Great Blue herons and at least 12 pairs of Great Egrets returned to the island to nest in 2003, and an estimated 350 pairs of nesting birds in 2004. Observations and nesting bird counts were done with both DNR aerial surveys and ground surveys in 2002 and 2003. Additionally, desirable aquatic vegetation (especially in the northern shallow section of the lake) has returned, and improved water quality has been documented since the establishment of the slow no -wake zone ordinance. Data collected shows with a high degree of confidence in the hypothesis that nesting Great Blue herons on Peltier Island are able to nest if disturbance within the estimated buffer needs of the birds is adhered to. With that, staff recommends that the language of • "It shall be repealed automatically on September 1, 2004 ", from Section 8 of Ordinance 03 -02 be removed. Several letters are attached to this report that additionally support this recommendation. This is the Second Reading of proposed Ordinance 16 -04 OPTIONS: 1. Remove the Sunset Clause from Ordinance 03 -02 2. Refer back to Staff for further review. RECOMMENDATIONS: Option 1. Attachments: 1. Ordinance 16/04 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES ORDINANCE NO. 16 -04 AN ORDINANCE AMENDING ORDINANCE NO. 03-02 REGULATING THE SURFACE USE OF MOTORIZED WATERCRAFT ON PELTIER LAKE • THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes 86B.201.86B205, and 459.20, AND Minnesota Rules 6110.3000- 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the water of Peltier Lake in Anoka County Minnesota, said body of water being located within the boundaries of the City of Lino Lakes and the City of Centerville, to promote its fullest use and enjoyment by the public in general; to insure safety for persons and property in connection with the use of said waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of said waters, and to promote the general health, safety and welfare of the citizens of Lino Lakes, Minnesota. Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S.86B.005. Section 3: SURFACE .ZONING OF PELTIER LAKE BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY: A slow no -wake speed 24 hours per day all year over all that part of Peltier Lake lying northerly and northwesterly of the following described line (which line extends East and West from, and including, the south end of the large island): Commencing at the southwest corner of the Southeast Quarter of Section 10, Township 31, Range 22, Anoka County, Minnesota; thence North 89 degrees 54 minutes 46 seconds East along the south line of said Southeast Quarter 2106.64 feet to a witness comer on the south line of Government Lot 1, Section 10, Township 31, Range 22; thence North 00 degrees 05 minutes 30 seconds West 150.00 feet; thence North 89 degrees 54 minutes 30 seconds East 100.00 feet, more or less, to a point on the westerly shoreline of said Peltier Lake, said point being the point of beginning of the line to be described; thence continuing North 89 degrees 54 minutes 30 seconds East to the easterly shoreline of. said Peltier Lake, and said line there terminating. Section 4: ENFORCEMENT: The Primary responsibility for enforcement of this ordinance shall rest with the Anoka County Sheriffs Department and -the Lino Lakes Police Department. This, however, shall not preclude enforcement by other licensed peace officers. Section 5: EXCEPTIONS: All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions. Section 6: NO IIFICATION: It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of the ordinance, as well as the placement of necessary buoys and signs. Section 7: PENALTIES: Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor as defined by state law. Section 8: EFFECTIVE DATE: This ordinance shall be in force and effect from and after its passage and publication as provided in the Lino Lakes City Charter. It L' hall be rep ulcd automatically on September 1, 2001. • Gordon Heitke From: GBKBOR @aol.com Sent: Saturday, May 15, 2004 11:48 AM To: Gordon Heitke Subject: The Herons of Peltier Lake Island • • Page 1 of 1 Dear Mr. Heitke, I will be in Hungary for my professional organization, APIC, when the second reading for the no -wake zone, protecting the Peltier Lake northern inlet and the heron rookery on Peltier Island, occurs. Would you please forward the attached to our Council Members and for yourself. I am sending this in full support of the ordinance and requesting that our elected officials vote in favor of it. Thank you. Barbara Bor, HERON Group 5/17/2004 33A • I spent my young years with relatives along the shores of Peltier Lake. There were endless opportunities for adventures and exploration. We had an inventory of leaky duck boats left behind by fall hunters who used my grandfather's pasture, near the lake, for access to the birds migrating over the Rice Creek Water Chain. During my wildlife biology days, I would row out to the bogs and collect cattail roots, to make tasty bread from the cattail root flour, and arrowhead tubers, to make salad very much like potato salad. In the spring we would row around Peltier Island and sit quietly listening to the loud chattering of the herons and egrets nesting on the north end of the lake. These large birds would fly over us, casting shadows that we pretended were from prehistoric birds. The birds would come and go as we coasted through the open water that cut through the bog behind the island. We often saw a stately heron standing intently, spearing up a fish and managing it down, only to carry it back to the nest and regurgitate it to feed their new hatchlings. These shy, large birds were the natural residents of spring and summer along the lake. In the hot, humid evenings, when we ourselves would fish and swat mosquitoes, we commonly saw a heron standing near the cold springs capturing frogs and bullheads. Quiet allowed us to share location, quiet allowed us to hear, see, and appreciate the wonder of these large majestic birds. My nearest human neighbors lived a half -mile away. In the winter we ice - skated on the lake, sometimes all day, and I don't recall being cold, though this was before gortex and thinsulate. We would explore on Peltier Island and stare up at the empty heron nests, hundreds of them, high in the trees with stark blue sky peaking through the twig weavings. We knew that with the ice break up, the birds would return and undertake home repairing and another nesting season would begin. And so it has been until the early 2000's when pressures of area development, road reconstruction noise, and human invasion near and on Peltier Island, created a combination of stresses that challenged the normal cycle of the rookery birds. Perhaps the most significant change was when some residents established a water skiing slalom course across the shallow north end of the lake. The birds began abandoning their nests, leaving their chicks to die around Memorial Day and into June. Local residents are now engaged with the Cities of Lino Lakes and Centerville to establish a permanent no wake zone that would protect the island from high speed motor boat noise, which disturbs the herons, and would prevent turbulence that disrupts natural flora and plants that serve as a filter for the lake. • • • A temporary ordinance for the no -wake zone, put in place in 2002, has led to an increase in the number of birds and the improvement of water quality. It may be a slow comeback, but the herons are edging back toward survival. To me, it is a mute point to argue if the no -wake zone alone will keep the birds on their nests and have them care for their chicks. The no -wake zone is simply an opportunity to help balance the equation. It is something we as humans can decide and implement. It is something we ask of our elected officials; wanting them to do the best for our natural resources. The rookery is valued and observing and protecting these birds helps us restore our very souls in this busy world. I hope that the rookery will remain and not be just a memory. • • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 6B Michael Grochala May 24, 2004 Consideration of Resolution No. 04 -57 Justins Preserve Final Plat VOTE REQUIRED: Simple Majority BACKGROUND The City Council approved the Justins Preserve preliminary plat on March Stn° 2004 (Resolution No. 04 -02). The applicants have requested approval of the final plat. The plat conforms to the approved preliminary plat. There is no development agreement needed for this project as there are no public improvements required. Approval of the final plat will be subject to the following conditions: 1. Lot 1, Block 1 of Justins Preserve shall be connected to the municipal sanitary sewer and water system. 2. Partial release of the power line easement shall be recorded with the Final Plat Additionally, title information is pending for the property (lot 3) and shall be subject to review and approval by the City Attorney prior to release of the plat. All other conditions of preliminary plat approval have been satisfied. PLANNING & ZONING BOARD The Planning & Zoning Board reviewed the request at its May 12, 2004 regular meeting. The board unanimously recommended approval of the application. RECOMMENDATION Staff recommends approval of Resolution No. 04 -57. ATTACHMENTS 1. Resolution No. 04 -57 2. Final Plat • CITY OF LINO LAKES RESOLUTION NO. 04 -57 RESOLUTION APPROVING THE FINAL PLAT FOR JUSTINS PRESERVE 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 preliminary plat for Justins Preserve was approved with Resolution 04 -02 by the City Council on March 8, 2004, with conditions, and WHEREAS, the final plat for Justins Preserve complies with City requirements and the conditions of Resolution 04 -02 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Justins Preserve subject to the following conditions: 1. Lot 1, Block 1 of Justins Preserve shall be connected to the municipal sanitary sewer and water system. 2. Partial Release of the power line easement shall be recorded with the Final Plat Adopted by the Lino Lakes City Council this 24th day of May, 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk JUStIN'e pliESsRI/E �So �• �s °oe 6R� p s� =� X51°1 t5e° • • P` E.S. • 11ba6i g k3 s5 • 11 g1 at • 9 h° „e • tag et E` :AV k4 p.;1,314i '4E14 • _�bs4&. `FSuR jI °q SgQ � ZIP' �� 5 sit 11'01! 6 m • ut4 ° 4 . r RENE S ei; `Ali; e gitni 4 tie a4:51. OV ` ti°5 • a 5 3 $ 1 4 1: E 1 1 1 E g 0 N'. c4 CC V LU -1v • LI 55 ct[Y OF LINO LAKES df VI 0 ETC -41- MV/m1E1WUSIRO'keinaLSPdaatoymmi 99l vN 35O0l �Y NN'1 s LO'989 !3 . � " . 1 v V , •u ^I n': 1 :3:4.....0 1 ,0tr7H •• 3i41d 31IHM . h-- -I— - -• � 1.:/-11C9.1-1011' I tim �m ,o 'um - -sr3n 99 •x 2 a1 �. • g - L tem uai A.•A aim Nlros� I 'TEJO.ri NS � -' -.mu so[- I —, ` \1\ ( 4 •� 3.[4895 3fud IL C09ZL 8'; 1et'. — /Z98Z! ♦, CL'CIL I • Q..,,N rr -- - - -1 �— — °—°� —_ -- tnP "�c°�.z �� 891.90 'ON 900 Y9d 1N3I�5Y3 "/ a°a'_' -- CAI \ \ — -- .-.L -� — 1101(35,3 Alm MY DL\ =\ 1 \ , .„..?,/. lflLY3NM1eU 4? 391fl� //..1. 4Lq. .;-4-4..:':-...._.--, Ne a o1'4 EgE- .+rO :n C C oI° • o . o LL O EI h.[FGe.e 'tL2 • \ \\ • • \\ / •/n L' arL4?_ ■ \\ \ \t a e; @ 1 • \\ 1\ Oren I „em /d4 1 . ,y�ler3yiyr_ JN'rfi'.% - @LYE'3* Qy.Y3NIT38 3'M/ 0Nb1. / I ' 0 µnan I9r •.. 001aa� 3,13106.41 • X0.00.9/!1 • • SIM 0 CO • a 111. hi E E ziR o •o O E E m d / ^\ 8 \ \ \ I L \ SHEET 2 OF 2 SHEETS • AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala C.C. MEETING DATE: May 24, 2004 TOPIC: Consideration of Resolution No. 04 -54 Eagle Brook Addition Final Plat VOTE REQUIRED: Simple Majority BACKGROUND The City Council approved the Eagle Brook Addition preliminary plat on March 22th' 2004 (Resolution No. 04 -17). The applicants have requested approval of the final plat. The plat conforms to the approved preliminary plat. The City Attorney has completed review of the Title Commitment. The development agreement has been completed and is being considered by the City Council on May 24, 2004. All conditions of approval related to the Final Plat have been satisfied. PLANNING & ZONING BOARD The Planning & Zoning Board reviewed the request at its May 12, 2004 regular meeting. The board unanimously recommended approval of the application. RECOMMENDATION Staff recommends approval of Resolution No. 04 -54. ATTACHMENTS 1. Resolution No. 04 -54 2. Final Plat • CITY OF LINO LAKES RESOLUTION NO. 04 -54 RESOLUTION APPROVING THE FINAL PLAT FOR EAGLE BROOK ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Justins Preserve was approved with Resolution 04 -17 by the City Council on March 8, 2004, with conditions, and WHEREAS, the final plat for Justins Preserve complies with City requirements and the conditions of Resolution 04 -17 related to final plat approval have been satisfied. 1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City • of Lino Lakes hereby approves the final plat for Eagle Brook Addition. • Adopted by the Lino Lakes City Council this 24th day of May, 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk EAGLE BROA ADDITION iit 1.1 g g as 11 CITY OF LINO LAKES a a U. C a S2 'ON AY "1.15I1.1 my 3.LYJ.5 AJ.Hf1O SCDSiT I11.17260O,S,,L MHJIH �nsn UIY —i s . trat.077.17 0� �— - 4 6 - AGENDA ITEM 6D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 24, 2004 TOPIC: • Resolution No. 04 -34: Comprehensive Plan Amendment to Low Density Residential • Ordinance No. 12 -04: Rezoning to Planned Unit Development Resolution No. 04 -58: PUD Development Stage Plan /Preliminary Plat • PUBLIC HEARING —First Reading, Ordinance No. 07 -04: Vacation of Two Ponding and Flowage Easements Oakwood View Rice Creek Covenant Church • VOTES REQUIRED: Resol. 04 -34 comp plan amendment 4/5 Ord. 12 -04 rezoning to PUD 3/5 Resol. 04 -58 development stage plan /prel. plat 3/5 Ord. 07 -04 vacation of easements 4/5 BACKGROUND The Rice Creek Covenant Church has submitted an application to further develop its current site at 125 Ash Street. The application includes several elements. The goal is to create ten single family detached home Tots on the north part of the property as well as a lot for a duplex on the southern part of the property. The duplex is intended for a group residence for people with disabilities. The lot for the group residence would be final platted this year to allow for construction this year. The single family lots would not be final platted until 2005. This project includes an odd mixture of actions because of the existing land use category and zoning. The following approvals are necessary to accommodate the proposal: 1. Amend the comprehensive plan to change the site from Public Semi - Public to Low Density Sewered Residential. 2. Rezoning of the southern portion from R -1X to Planned Unit Development (PUD) for mixed uses: the existing church and the group residence. (The existing R1 -X zoning already accommodates the single family Tots on the north.) • • Oakwood View page 2 3. PUD development stage plan /preliminary plat 4. Vacation of two existing ponding and flowage easements. A conditional use permit (CUP) was approved by the City in 1996 to provide for building the church. That CUP approval included a three -phase plan. Each new building addition must undergo a site plan review, but would not require a CUP amendment review. However, the CUP did not include the residential facility that is being proposed now. Therefore, the CUP is not relevant here inasmuch as no additions to the church building itself are being proposed. The zoning ordinance provides for two different types of PUD. If only residential uses were included in the project, the PUD would require only a conditional use permit. However, the church and the group residence is a mix of uses. A mixed use PUD requires a rezoning to PUD. ANALYSIS Comprehensive Plan, Land Use and Zoning The table below identifies the existing land uses, guided land uses, and zoning for the area. Location Existing Land Use Guided Land Use Existing Zoning Site church Public /Semi - Public R -1X North residential Low Density Sewered Residential R -1X South residential City of Shoreview East residential Low Density Sewered Residential R -1X West residential, vacant Medium Density Residential R -1X The following table summarizes the project as shown on the revised plans: • Gross Area of Lots (acres) Gross Area with ROW Oakwood View page 3 single family area church lot group home new ROW total 6.24 7.26 2.23 0.97 16.70 7.21 Upland Area of Lots (acres) 4.06 Upland including new ROW Total Units 5.03 10 1.00 estimate Gross Densiy: units /acre Net Density: units /acre 1.39 2 0.90 1.99 Lot gross sf net sf (upland) wetland 1 55,383 20,283 35,100 2 52,502 16,212 36,290 3 40,043 17,037 23,006 4 26,449 25,975 474 5 15,565 15,565 6 13,488 13,488 7 14,563 14,563 L1 B2 16,143 16,143 L2 B2 14,320 14,320 L3 B3 23,197 23,197 total 271,653 176,783 94,870 acres 6.24 4.06 2.18 church lot 316,137 acres 7.26 duplex 97,226 acres 2.23 2.00 estimate The comprehensive plan currently guides the site for Public /Semi - Public (PSP) land use. This was done because of the existence of the church. The PSP category is not specifically for churches: the comprehensive plan does not have a specific category for churches, nor are churches discussed in the plan. The zoning ordinance allows churches by conditional use permit in all residential zones. Because of the residential uses proposed for the site, the Low Density Sewered Residential classification is appropriate. This would allow for all uses proposed in the application. The plan shows single family detached lots in the northern area at a net density of 2.37 units /acres. This falls within the range allowed by the Low Density Sewered Residential land use category (up to 3 u /a). At about 2 u /a, the group residence duplex also falls within this range. The amendment to the comprehensive plan must be submitted to the Metropolitan Council for review. Because of the small size of the project, we expect the Met Council review to be brief. • Oakwood View page 4 Growth Management: MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA reserve acres to be allocated for residential growth for stage one (prior to year 2010). The site is within the existing MUSA, so no MUSA reserve is required. Growth Management, Units/Year: The comprehensive plan and the growth management policy establish a specific number of dwelling units of residential growth for stage one (prior to year 2010). The goal is 147 per year. The City Council has the flexibility to exceed the limit by 20% (29 units) in a year without amending the comprehensive plan. The table at the end of this report shows the status of the staging plans for final platting new residential units. Approvals for year 2004 have exceeded the goal by 18.4 %. An additional two units will raise that to 19.7 %. This is within the allowable discretionary range. At the discretion of the City Council, the duplex could be final platted in 2004. However, ten more lots would go beyond the 20% limit. Therefore, final platting of the ten single family lots on the north side of the property will have to wait until 2005. In other words, if this project is to proceed, it must be phased over two years. Rezoning The PUD zoning is intended for the southern portion of the site. The northern portion is to retain its current R -1X zoning. As stated in the zoning ordinance, the City shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Amending the comprehensive plan as requested would address the land use issue. 2. The proposed use is or will be compatible with present and future land uses of the area. The church exists, and is surrounded by residential uses. Additional residential use on the site would be compatible with the area. 3. The proposed use conforms with all performance standards contained herein (in the zoning ordinance). • Oakwood View page All single family Tots meet minimum size requirements. The planned unit development provides the flexibility to allow the group residence lot to be created without the normal frontage and width. Providing for a future road extension avoids an excessive permanent cul de sac length. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The creation of ten single family homes and two units for a group residence will not overburden city services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The creation of ten single family homes and two units for a group residence will not generate enough traffic to overburden the road system. Planned Unit Development: Development Stage Plan /Preliminary Plat Section 2, Subd. 10 of the zoning ordinance discusses the purpose of a planned unit development (PUD). The application should be compared to these purposes in order to justify the flexibility allowed by a PUD. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of and and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. A residential conditional use permit PUD may include a variety of residential units, including single family and multifamily units as long as it complies with the density requirements. A non - residential conditional use permit PUD may include a variety of commercial and /or industrial uses. A PUD that includes a mix of residential and commercial /industrial uses must utilize the PUD zoning district as described in Sec. 9 Subd. 3 of this ordinance. • Oakwood View page 6 The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. Lots: The minimum lot size in the R -1X zone is 12,825 sf of upland. As listed above, all single family lots meet this minimum. The minimum lot width in the R -1X zone is 90 feet. All meet this requirement. The PUD is needed to accommodate the group residence. That lot does not have the minimum road frontage width normally required. We normally do not allow flag lots. However, the group home is a specialized use and will not generate the amount of traffic that would be generated by other uses. Nor will future development occur that will use the proposed driveway. The driveway off of the church parking lot is sufficient. Parks: The subdivision ordinance includes park dedication requirements. ParkSdedication is $1665 per residential unit, less any land dedication. There is no land • dedication needed. Park dedication will be collected as each phase is final platted. We do not collect park dedication for churches, as churchgoers do not generate demand for park facilities. Oakwood View page 7 Utilities: The church currently has sanitary sewer and water service. The existing services come in from Oakwood Lane and run along the western edge of the property. These will be relocated within the Oakwood Lane extension. The existing pipes will be completely replaced. The new lines will provide service for the group residence as well. Drainage and utility easements will cover all utilities. The subdivision ordinance requires that final plat approval be obtained before utilities can be constructed. However, utility service already exists, serving the existing church. Because of this, the relocation can occur without final platting the entire site. The City Engineer's report is attached. Grading and Stormwater Management: Four wetlands exist on the site. The plans include no filling of wetlands. Several stormwater ponds will be constructed. Drainage and utility easements will cover all wetlands and ponds. The subdivision ordinance requires that water courses must be protected by easement that will include at a minimum a ten (10) foot buffer extending outward from the delineated wetland boundary or the water course ordinary high water level. Lots with easements protecting water courses shall have sufficient dimensions and area outside the water course easement to meet or exceed the minimum lot area and width specified in the zoning chapter for the district in which the lots are located. Two "ponding and flowage" easements exist on the site. One is in the west central area of the site, in the area planned for future parking for the church. The other is to the east of the existing church building. The plan proposes to vacate both. The pond in the second easement will be redesigned to allow for the new access driveway. An easement vacation requires a public hearing at the City Council and two readings of an ordinance. The vacation hearing and first reading of the vacation ordinance was scheduled to occur when the project goes to the City Council for consideration. The Rice Creek Watershed District granted conditional approval to the project. Because the plan was revised, we will require RCWD approval of the revised plan prior to City approval of the final plat. The Planning & Zoning Board did recommend that the applicant submit geotechnical information on existing groundwater levels and soils prior to City Council consideration of the application. This information has been supplied and is subject to review by the City Engineer. Streets, Access: The Anoka County Highway Dept. has informed us that no additional right of way is necessary for Ash St. (CSAH 32). Typically, the County's policy is to require dedication of additional right of way to total 60' from centerline. The road is 100' wide (50' from centerline). Anoka and Ramsey Counties have agreed to a 100' right of way on this road to minimize impacts on existing homes. -77- • Oakwood View page 8 Driveway to Group Residence: On the south, the plan proposes a driveway off the church entry drive to serve the group residence. This driveway is five feet from the property line, the minimum required distance, and it must be paved with curb. There also must be a shared driveway easement to allow the new lot to use the existing driveway. This will be a condition of approval. Oakwood Lane Extension: On the north, the proposal includes extending Oakwood Lane to provide access to the ten residential Tots. If this were a permanent cul de sac, it would exceed the 500' maximum cul de sac length allowed by the street standards, Sec. 302 of the City Code. However, the plan provides for a future street connection to the west. The subdivision ordinance requires that final plat approval be obtained before roads can be constructed. The Oakwood Lane extension into the project cannot be constructed until the ten single family lots are constructed with phase two in 2005. The grading can occur earlier, and the utilities can be relocated as explained above. Oakwood Lane was created as part of the Woodridge Estates plat in 1988 -89. Oakwood Lane runs from White Pine Road on the north to the north property line of the church site. A sketch by the City Engineer in July 1988 envisions the road to continue south to Ash Street with connections both east and west. However, Woodridge Estates did not provide for the eastern connection and the church was approved in 1996, which blocks a southern connection. It still is possible to plan for a connection of Oakwood Lane to a future neighborhood road to the west. Oakwood Lane could provide a temporary cul de sac with a connection to the western property line. Land to the west is guided for residential development (medium density) and it is very likely that it will develop in the future. The 20 acres immediately west of the church site definitely could support development. Land further to the west likely will be able to as well, though to a lesser extent due to wetlands. Oakwood Lane as shown on the proposed plan will provide circulation and neighborhood connections, running south to Ash St. or west to Baldwin Lake Road. This would avoid the creation of new, long cul de sacs and may be the last opportunity to create any circulation route to connect neighborhoods in this part of the community. The comprehensive plan includes a policy and a recommendation for such connections: 6. Provide complete street systems to eliminate isolated neighborhoods and dead- end streets and allow for interaction between neighborhoods. Transportation policies, page 36, comprehensive plan 6. Integrate low density sewered residential land uses within existing residential neighborhoods with local street connections, density transitions, and park planning. -78- plan Oakwood View page 9 Recommendation for Planning District 4, page 135, comprehensive We recognize that many residents like cul de sacs because they minimize traffic on their streets. However, the lack of inter - neighborhood connections creates bottlenecks at points of access to collector and arterial roadways. Roads accessing Birch St. provide a clear example. Once the cul de sacs are built, the future problem is created. Creating connections creates options and distributes traffic, preventing the bottlenecks. Neighborhood street connections also provide for neighborhood social connections and allow for a greater sense of community. Group Residence Structure: Generally, the structure will be two stories, with approximately 3500 square feet in each unit, for a total of 7000 sf. Typically, we require architectural elevations and specific site plan information for a PUD. Since this project only includes one duplex (two units), it is not so critical. It is more similar to a house being built than a commercial structure. However, site plan information such as architectural elevations, floor plan, lot lighting, and the like will be required prior to a building permit being granted. The parking lot for the enabling residence was revised since the initial plan. No parking stalls are pointed toward homes to the south, eliminating the concern over headlights shining there. Group Residence Uses: At the March meeting, a question arose regarding the type of use for the group residence. The church is proposing a residence for developmentally disabled adults. Neighbors asked if the facility could be used for other types of residents, such as criminal offenders. There are several licenses for a facility for developmentally disabled people. One is by the State of Minnesota. Another is issued by Anoka County as an agent of the State. The Anoka County license requires several reviews. These licenses do not apply to other types of residential facilities, such as for criminal halfway houses or treatment facilities. These would require different licenses from the State of Minnesota Dept. of Human Services. The DHS requires a review by the local government that such a facility meets local zoning code requirements. This planned unit development is intended to provide for use of the duplex group residential facility for foster care for developmentally disabled persons. Condition of approval #2 states that other use must be reviewed by the City and may require an amendment of the PUD. Oakwood View page 10 ENVIRONMENTAL BOARD The Environmental Board reviewed this application on February 25. Recommendations are attached. PLANNING & ZONING BOARD The P & Z opened the public hearing at the March meeting and continued it. The Board recommended approval at its April 14 meeting with the conditions listed in Resolution 04 -58. OPTIONS. 1. Approve the application, including the following: • Resolution No. 04 -34: Comprehensive Plan Amendment to Low Density Resid. • Ordinance No. 12 -04: Rezoning to Planned Unit Development • Resolution No. 04 -58: PUD Development Stage Plan /Preliminary Plat, with the conditions listed • First Reading, Ordinance No. 07 -04: Vacation of Two Ponding and Flowage Easements 2. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: Preliminary Plat, 3/24/04 Preliminary Grading Plan, 3/24/04 Preliminary Utility Plan, 3/24/04 Certificate of Survey and Tree Inventory, 3/24/04 • • _81_ ti r r O N 0) ti 0) CO N- o) rn N r ti O a) 0 a) a E J 7 © E O ~ N O O - O N 1— E T 0 N t() 1249 r r LC) r CO 152 N r r C3 r N 10 CO r OJ r CO 0 CO CO CO O O M M CO M M N CO 0 CO O T 005 N Lt) r l 10 I 18 1 O T" 34 1 N CD r T 165 1 r O 156 1 O O 47 1 cf r N CO r T N LC) CC) LC) r O 0 r CO N N N r r CO V r T T I E 2 co 0- 0- co O O 1249 1 r 0 156 1 o r CO M 1152 O r 'Cr �' r (y r co r CO �- C O N Development Name approved prelim. plats Stoneybrook uppy Farms North Keefe: preliminary plat Morton (minor subdiv) O O = N C > C6 (i' 'Haley Manor (10 new Tots) Crystal Cove 'Millers Crossroads Lakeview Estates (2 new) Snell (minor subdivision) Pheasant Hills Pres. 13th Marshan Estates proposed Justin's Preserve Rice Creek Church duplex Rice Church: Oakwood View Highland Meadows East 2nd Pheasant Hills 12th island !Rick Carlson /Rehbein lot Royal Oaks Fox Road C -a Q N a) C O _81_ ti r r O N 0) ti 0) CO N- o) rn N r ti O a) 0 a) a • CITY OF LINO LAKES RESOLUTION NO. 04 -34 APPROVING AN AMENDMENT OF THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE CATEGORY FROM PSP PUBLIC SEMI- PUBLIC TO LOW DENSITY SEWERED RESIDENTIAL FOR OAKWOOD VIEW AND THE RICE CREEK COVENANT CHURCH, 125 ASH STREET WHEREAS, the Rice Creek Covenant Church submitted an application for an amendment to the comprehensive plan, and; WHEREAS, the Lino Lakes City Council makes the following findings: 1. The site includes approximately 16.7 acres at 125 Ash Street. The current PID is 31 31 22 34 0001, and the legal description is: The East 620.72 feet of the West 1120 feet as measured at right angles to the West line thereof, of the Southeast Quarter of the Southwest Quarter, Section 31, Range 22. Except the East 340 feet of the West 1120 feet of the South 223 feet of said Southeast Quarter of the Southwest Quarter, Anoka County, Minnesota. Subject to easements. 2. The site will be platted as Oakwood View. 3. The Future Land Use Map of the comprehensive plan currently guides the site for Public Semi - Public land use. 4. The proposal includes the creation of a new lot for the building of a group residence in two attached units on the southeastern portion of the site. The proposal also includes the creation of ten Tots for single family detached homes on the northern portion of the site. The existing church will remain. 5. The existing church is connected to municipal sanitary sewer and water and the site is within the Metropolitan Urban Service Area (MUSA). Therefore, no MUSA reserve is necessary for the site. 6. The City's growth management policy, described in Ordinance No. 01 -03, establishes a goal for residential growth each year, with some flexibility to exceed • the target by 20 %. The approval of two new residential units to be final platted in year 2004 would be within the discretionary flexibility limits provided by the policy. 7. The Planning & Zoning Board held a public hearing on the application on March 10 and April 14, 2004. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves an amendment to the Future Land Use Map of the comprehensive plan. The site shall be amended to guide the site for Low Density Sewered Residential land use. BE IT FURTHER RESOLVED that this amendment to the comprehensive plan shall be submitted to the Metropolitan Council for review and shall not be in effect until the Metropolitan Council approves it. Passed by the Lino Lakes City Council this day of 2004 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk -83- Resolution 04-34, page 2 CITY OF LINO LAKES ORDINANCE NO. 12 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R1 -X TO MIXED USE PLANNED UNIT DEVELOPMENT FOR OAKWOOD VIEW AND THE RICE CREEK COVENANT CHURCH, 125 ASH STREET The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd.1 E of the Lino Lakes zoning ordinance: 1. The Rice Creek Covenant Church submitted an application for an amendment to the zoning ordinance to rezone the southern portion of their site to Mixed Use Planned Unit Development (PUD). The site currently is zoned R1 -X., Single Family Executive Residential. 2. The proposal includes platting the site as Oakwood View. The area to be rezoned to Mixed Use PUD includes Lot 8, Block 1 and Lot 9, Block 1, Oakwood View, as shown on the preliminary plat submitted to the City on March 24, 2004. The remaining area of the Oakwood View site, Lots 1 -7, Block 1 and all of Block 2 shall remain as R1 -X zoning. 3. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as Resolution 04 -34 amends the comprehensive plan so the site is guided for Low Density Sewered Residential uses. 4. The proposed use is compatible with present and future land uses of the area. The site is guided for Low Density Sewered Residential use (Resolution 04 -34). Land to the east and north is guided for Low Density Sewered Residential use. Land to the west is guided for Medium Density use. Existing and anticipated future land uses in the area are considered compatible with the proposed uses. 5. Upon compliance with the conditions of approval set forth in Resolution 04 -58, the proposed uses will conform with all performance standards contained in the zoning ordinance and other requirements. 6. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are currently available to the site, and compliance with Resolution 04 -58 will ensure proper utility service. -84- 7. Traffic generation by the proposed use is within capabilities of streets serving the property. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R -1X, Single Family Executive Residential to Planned Unit Development, Mixed Use pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Lot 8, Block 1 and Lot 9, Block 1, Oakwood View, as shown on the preliminary plat submitted to the City on March 24, 2004. Section 3 Development shall conform with plans listed in Resolution 04 -58, and associated information, and the requirements and conditions of approval listed in Resolution 04 -58. Any elements of the Mixed Use PUD not specifically addressed in the approved plans shall be subject to the appropriate requirements of the zoning ordinance and other applicable official controls. Section 4 This zoning amendment is contingent upon and shall not be in effect until receipt of Metropolitan Council approval of the comprehensive plan amendment approved by the City Council with Resolution No. 04 -34. Section 5 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 6 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of 2004 ATTEST: John J. Bergeson, Mayor - 8 5 - Ordinance 12 -04, page 2 • Ann Blair, City Clerk - 8 6 - Ordinance 12 -04, page 3 • CITY OF LINO LAKES RESOLUTION NO. 04 -58 RESOLUTION APPROVING A DEVELOPMENT STAGE PLAN /PRELIMINARY PLAT FOR OAKWOOD VIEW WHEREAS, the Rice Creek Covenant Church submitted an application for approval of a development stage plan /preliminary plat, and; WHEREAS, the Lino Lakes City Council makes the following findings: 1. The site includes approximately 16.7 acres at 125 Ash Street. The current PID is 31 31 22 34 0001, and the legal description is: The East 620.72 feet of the West 1120 feet as measured at right angles to the West line thereof, of the Southeast Quarter of the Southwest Quarter, Section 31, Range 22. Except the East 340 feet of the West 1120 feet of the South 223 feet of said Southeast Quarter of the Southwest Quarter, Anoka County, Minnesota. Subject to easements. 2. The site will be platted as Oakwood View. 3. The Planning & Zoning Board held a public hearing on the application on March 10 and April 14, 2004. 4. The City Council approved Resolution No. 04 -34, amending the comprehensive plan to guide the site for Low Density Sewered Residential. 5. The City Council approved Ordinance No. 12 -04, rezoning the southern portion of the site to Mixed Use Planned Unit Development, contingent upon Metropolitan Council approval of the comprehensive plan amendment. 6. The approval of Ordinance No. 07 -04 approves vacating two existing ponding and flowage easements. • NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the development stage plan /preliminary plat subject to the following conditions: 1. The comprehensive plan amendment (Resolution 04 -34) must obtain the approval of the Metropolitan Council prior to any further City project approvals. The rezoning (Ordinance 12 -04) and development stage plan /preliminary plat are contingent upon the comprehensive plan amendment approval. 2. This approval provides for use of the duplex group residential facility for foster care for developmentally disabled persons. Alternative uses under different county and /or state licenses shall be subject to City review and state statutory requirements, and at the City's discretion may require an amendment of the planned unit development. 3. The project shall be final platted in two phases. The group residence duplex may be final platted in 2004. The ten single family lots shall not be final platted until 2005. 4. The conditional use permit approved in 1996 to allow the construction of the church is still in effect. Future expansion of the church shall be as approved with the conditional use permit. 5. The duplex residential facility shall be constructed as depicted on the plans included as part of this approval. 6. The relocation of sanitary sewer and water services may occur with the 2004, phase one final plat because these utilities already existed. However, the construction of the Oakwood Lane street extension shall not occur until final plat approval of the single family lots in phase two, in 2005. All lots and units shall connect to city sanitary sewer and water. 7. Park dedication of $1,665 per unit shall be paid. Park dedication for the group residence, two units, shall be paid when that lot is final platted. Park dedication for the ten single family lots shall be paid with that final plat. 8. The revised plat must obtain approval by the Rice Creek Watershed District prior to final plat approval by the City Council. 9. Drainage and utility easements around all wetlands must be large enough to include at a minimum a ten (10) foot buffer extending outward from the delineated wetland boundary. 10. Issues discussed in the City Engineer review must be addressed to his satisfaction. 11. The City seeding mix must be used for ponds and wetland areas. This must be noted on the plans. 12. The property owner must obtain approval from the City Council to vacate the existing ponding and flowage easements. _88- Resolution 04 -58, page 2 • 13. Site plan information for the group residence duplex shall be provided prior to issuance of a building permit. This shall include architectural elevations, floor plan, landscaping, and site lighting. Any lighting in the parking area must City requirements. 14. There must be a shared driveway easement to allow the new lot to use the existing driveway on Ash St. This easement must be recorded with the final plat. 15.Any elements of the Mixed Use PUD not specifically addressed in the approved plans shall be subject to the appropriate requirements of the zoning ordinance and other applicable official controls. 16. The church shall enter into a maintenance agreement for the stormwater facilities prior to issuance of a building permit. 17. This approval is based on the following plans and information: Preliminary Plat, 3/24/04 Preliminary Grading Plan, 3/24/04 Preliminary Utility Plan, 3/24/04 Certificate of Survey and Tree Inventory, 3/24/04 Adopted by the Lino Lakes City Council this day of 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk _89_ Resolution 04 -58, page 3 • CITY OF LINO LAKES ORDINANCE NO. 07 -04 AN ORDINANCE VACATING TWO PONDING AND FLOWAGE EASEMENTS ON THE SITE OF OAKWOOD VIEW AND THE RICE CREEK COVENANT CHURCH, 125 ASH STREET The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate two ponding and flowage easements: 1. The Rice Creek Covenant Church submitted an application to vacate two ponding and flowage easements on the site to be platted as Oakwood View. 2. The easements are described in Attachment A. 3. Development plans for the Oakwood View plat provide for adequate stormwater management for the site and the existing ponding and flowage easements are therefore unnecessary. 4. The City Council held a public hearing on the proposed vacation on May 24, 2004. Section 3 The ponding and flowage easements described herein are hereby vacated. Section 4 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 5 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2004 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk need to add Attachment A with legal descriptions of easements being vacated -91 Ordinance 07 -04, page 2 • emorandum ATE :.... April 9, 2004. TO: FROM:. ° ity Engineer Jeff Smyser James E. Studenski, C Oakwood View ... • Attached is the TKDA review dated April 7, 2004, of the submitted documents for the :. proposed development. The following comments must be addressed prior to final..: approval given for this:project. Please contact me with any questions.:: • • - 92- ::':... 600 Town :tenter Parkway, Lino .Lakes, Minnesota 55014- 1182 • ENGINEERS - ARCHITECTS . PLANNERS MEMORANDUM o: James Studensld, City Engineer Reference: Oakwood View Copies To: From::.. Scott A. $rink, P.E. Date: ' :; .:. April 7, 2004 ,..; 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400, (651) 292 -0083 Fax , www,tkda.com City of Lino Lakes, Minnesota Comm. No.: 12976 -002 Routing: • A.Preliminary Plat has been submitted by Glenn Rehbein Companies for Oakwood View.. The proposed plat is located on 17 . acres of property north of Ash Street (County Road J) and west of Hodgson Road (County . `. • Road 49).: Reviews dated March 8, 2004 : and February 26, 2004 were previously submitted, and were based upon the following documents provided by the applicant: 1 Wetland Delineation Report, hydrology calculations, hydrology summary and NPDES Phase • permit form, provided by Glenn Rehbein Companies (William A.T. McCully ) dated January 23, .2004 and received by the City of Lino Lakes January 30, 2004. : • 2 Preliminary Plat, Certificate of Survey and Tree Inventory, Preliminary Grading Plan, and Preliminary Utility Plan (Sheets 1-4), received by the City of Lino Lakes February 6, 2004.' 3.:'.HydroCad model and supporting data dated January 13,2004 by Glenn Rehbein Companies.`:. d. Wetland Delineation Report, Rice Creek Covenant Church Site, prepared by Polaris Group, dated ' May, 2003 .Rice Creek Watershed District Report (Application No (4 -014), dated February 20,'2004, providing conditions for Conditional Approval Pending Receipt of Changes (CAPROC)... ` • Revised Preliminary Grading, Drainage and Erosion Control Plan, by Glenn Rehbein Companies .' '.. (William A.T. McCully) dated February 16, 2004 . and received by the City of. Lino Lakes March 1, 2004 ince that time, the following additional documents have been received; :.1. Full size and 11X17 size plan sets (4 sheets) as follows:..., 1. Preliminary Plat dated March 24, 2004. .` 2. Certificate of Survey and Tree Inventory Plan dated March 24, 2004; 3. Preliminary Grading Plan, dated. March 24, 2004. 4. Preliminary Utility Plan, dated March 24, 2004:. .. Cover letters dated January 28, 2004, February 16,2004, March. 3, 2004, and March 24, 2004 from GIenn Rehbein Companies regarding an RCWD Permit Application 3. Drainage Calculations dated March 24, 2004, . and Drainage Diagram dated March 23, 2004. • 4.. Stormwater Pollution Prevention Plan dated September 5, 2003. An Employee Owned Company 1 Affirmative Action and Equal Opportunity Oakwood View City of Lakes, Minnesota • Page2 • Hydrology Summary dated March 24, 2004. ▪ Existing and Proposed Subwatershed Maps. : April 7, 2004 Modifications as a result of the revised documents received are presented herein. Portions of the previous - reviews are repeated in this revised review as necessary . ntroduction The proposed Oakwood View plans provide for essentially two different improvements on different sides of the property. For the north 1/2 of the site, it is proposed to extend existing Oakwood Lane southerly into the • northwest comer of the site a distance of over 500 feet The previous submittal proposed a permanent cul- de -sac within the property. The most recent plan has revised the street extension to curve toward the west .:. and terminate as a temporary dead -end at the west property line:• It would then be intended to eventually extend the street at a later date to provide future access and eventual elimination of the long dead end cul -de- - sac. The Oakwood Lane extension would serve the construction of 10 new single family residential .properties. The sizes of the single family lots would range between 0.3 acres. and 1.3 acres. The larger lots swould include significant amounts of wetland areas. All must meet the City. Code requirements for .:: ufficient size without wetland easements. • •At the southwest comer of the property is an existing church and parking lot. Proposed is to extend "a.. • driveway easterly from the existing church property and constructing an enabling. residence (duplex) and parking area Remaining portions of the entire 17 acre property not proposed for grading or improvements are essentially: wetland and/or wooded areas =According to the information provided, it is the applicant's intent to Final Plat the property in two stages as follows: The Enabling (Duplex). Facility in 2004 and the 10 -lot single family properties m 2005. The proposed grading and utility construction must therefore consider staging requirements and scheduling needs accordingly, • ne following additional comments are provided: rainage and Drainage Calculations Revised drainage calculations, including a HydroCad model dated March 23, 2004 have been provided and have been reviewed. The following comments are provided: . .The anticipated high ground water level must be known. • The calculations must account for future building and parking lot expansions for the church and/or enabling facility. 3:. Details are needed for the pond outlets. Oakwood View City of Lino Lakes, Minnesota • • Page 3 er general comments regarding drainage are as follows: ▪ The applicant has indicated that an NPDES 'Phase II permit has been forwarded to the MPCA. All • requirements of the Permit shall be completed prior to engaging in grading activities.. - A Storm Water Pollution Prevention Plan (SWPPP) has been provided in accordance with NPDES requirements: The Plan must be signed by the applicant. :. ▪ The storm drainage plan requires further information regarding emergency overflows and outlets. : For example, the proposed pond at the northwest comer of the property does not show an outlet or ,: overflow location on the grading plan. Existing topography suggests that at least some of the existing drainage for the Oakwood property flows to the west. Therefore, the impact of excess drainage to 'properties located adjacent to. the Oakwood property (both east and west sides) must be investigated further. April 7, 2004 3.. Ponds as labeled on the Hydro -Cad model do' not appear to correspond to the pon.ds on the grading plan; and Must be clarified...• 4. Stormwater routing:at.the south end of the property (Ponds 2 and 5)'proposes the eventual routing of stormwater to the north to Woodridge Estates by way of a di" tch along the east side of the property. It r. is not known for certain the condition or capacity of the ditch, and the potential impacts of the 100 year HWL beyond the Oakwood View property. It is recommended that this be investigated further.'.. 5.. - Review and approval of the Rice Creek Watershed Distract (RCWD) is required. Per the previous. review; the City received a copy of the Watershed's response to the developer's application, and a • copy of a Conditional Approval Pending Receipt of Changes (CAPROC). The following. conditions of note are required by RCWD as a result of the CAPROC: Geotechnical soil borings must be conducted and provided to determine depth to the water table and substrate materials. This is particularly needed to. ascertain if the proposed rain gardens will function as infiltration basins B. Vegetation specifications must be provided, including deep rooted native vegetation for proposed .rain gardens. A note must be provided on the grading plan providing for the establishment of vegetation, including incorporation of the City's seed specification as provided..`. C. Pond outlet details must be provided on the Grading Plan and provide °skimming capability for up • to the 1 -year event. , :. The wetland boundaries must be field verified by RCWD staff: E. The 100 -year flood elevation and emergency overflow and location must be provided for each pond and wetland basin. This information is provided on some but not all basins on the grading plan. It also appears from the plan that some proposed low floor elevations do not meet the City's -95_. Oakwood View Page 4 . City of Lino Lakes, Minnesota April 7, 2004 minimum 2 feet above the 100 year flood level and District freeboard requirements over the onsite wetland basins. H. A letter from the City must be provided that addresses responsibility for the management of stormwater management facilities on the property,. I. 'A copy of receipt from the County Recorder must be provided, along with signed notarized copies of legal documents. . An electronic or reduced (11X17) copy of the approved grading plan must be provided. K. A cash surety in the amount of $3500 must be provided. Utilities It is proposed to utilize the existing sanitary sewer and water lines prior to construction of the 10 unite residential units. An extension of the existing lines to the Enabling Facility would be required. The existing sanitary sewer and water lines are intended to remain in service for the existing church and enabling facility until they are replaced by new lines to be constructed for the Oakwood Lane .:., extension. The existing lines running along the west side of the property would then be abandoned, accordingly. . The existing watermam appears to be a very long dead end line: With the extension to the enabling facility, the long length raises at least some concern with regards to adequate pressures and ;. circulation. It is suggested that any options to loop the pipe by way of County Road J be explored with the City. Additional utility easements for the extensions would be required. In addition, the sewer and water extensions to the enabling facility as shown cross beneath existing and proposed wetland and detention areas where minimum cover (8 feet) over the pipes will be compromised. Insulation over the pipes will be required in such instances: Also, infiltration into the sanitary sewer under the .wetland/pond areas may be of concern, and it is suggested that the sewer be constructed to ,watermain tightness standards at that location. The Plan shall be subject to the review of the City Fire Chief, including the number and location of hydrants. It is recommended that additional hydrants be added near the church and enabling facility A detail sheet shall be provided showing the Standard plates and details of the City of Lino Lakes. This would include manhole structures, utilities (hydrants, valves services, etc.),' and storm drain and erosion control details. 5 As previously stated the amount of fill/cover over all sewer and water service pipes shall be a minimum bury depth of 8 feet, and shall be insulated. per City of Lino Lakes standards if the minimum cover cannot be attained.' :..' Oakwood View City of Lino Lakes, Minnesota. Page 5 April 7, 2004 All trenches (including services). shall be back-filled and compacted and meet 100% maximum Standard Proctor Density in the upper 3 -feet from finished road elevation, and 95% maximum Standard Proctor Density below the upper 3 -feet minimum of two feet of cover over storm sewer pipe is desired.' Other Comments • A final landscaping plan shall eventually be submitted. Sight corner visibilities shall be maintained per City requirements as applicable.; • • Any existing well and septic locations on both the subject property and adjoining properties. shall be confirmed to assure compliance with the Minnesota Department Health. This shall mean that any - existing. facilities on the subject property shall be removed or capped in accordance with regulations, and that sewer separation distances from any remaining facilities in proximity shall be attained.. The separation distance shall be provided in accordance with the requirements of the Minnesota - Department of Health ..:: • Approval of the plat, including access from County Road J will be subject to the review and approval of Anoka County, As previously mentioned, a geotechnical report not been provided. Therefore, the existing soils and groundwater levels are not known. All building pad foundations, streets, and utilities shall be • constructed on approved materials as required by the City of Lino Lakes, and groundwater levels • shall be known in order to ascertain building elevation. requirements (low floors) with regards to ground and surface water elevations. Many of the proposed units are walk outs adjacent to wetlands, and the high water elevations of the wetlands are not shown on the plan. Building. elevations will = therefore be subject to further review.. ▪ The wetland delineation report must be approved by the Rice Creek Watershed District. The existing church and proposed enabling facility will utilize the same driveway access. A cross' •, access agreement or appropriate legal covenant is recommended.' The driveway to the enabling facility has been widened to approximately 20 feet to provide added safety and capacity. Adequate *access and mobility for emergency vehicles shall be provided, and the plan shall be subject to the review and approval of the City Fire Chief ▪ A tree inventory plan has been prepared. It is suggested that existing trees be preserved as much as possible and PracticaL '8... With the extension of the existing Oakwood Lane dead end, a cul -de -sac of nearly 1000 feet in- length will result This far exceeds the City's maximum standard length of 500 feet. However, this • condition may be considered temporary pending future extension to the west, and the City would be required to waive from its current standard to allow this construction: Memo Environmental To: Jeff Smyser CC: Michael Grochala From: Marty Asleson Date: January 30, 2004 Re: Recommendations of the February 25, 2004 Environmental Board Meeting The Environmental Board met on February 24, 2004 and made the following recommendations: Rice Creek Covenant Church Land Cover ▪ The developer needs to submit a tree preservation plan, and follow the subdivision ordinance for tree preservation plans. ▪ We have identified a few rare -plant conditions on the southern part of the site. Environmental would like time to verify the presence or absence of rare plants. If found, the Environmental Board would like some flexibility in design. ▪ Northern residential site grade plan indicates most of the aspen vegetation on the East Side proposed for removal (Attachment 1). Properties to the West also have rare plant indicators. Since nitrogen (lawn fertilizer runoff) has been shown to remove biodiversity, and Aspen buffers act as good filters for runoff, the Environmental Board would like the developer to look at ways to maintain more of this Aspen edge. The water from this area flows to the East. The Environmental Board would like to see a 50 foot buffer in this area. The Environmental Board would like to see signage at wetlands and drainage areas informing "no- dumping, cutting or filling." Lighting ▪ No -spill lighting should be. used. Lights should be turned off after activities are done. • Page 1 -98- Soils • There should be no importing or exporting of soils without City approval. The developer should include a plan for soil compaction prevention outside of construction limits. Surface Water • Would like RCWD input on wetland delineation, particularly on the developer delineation line on the northern part of the Plat. NWI shows quite a larger area surrounding the delineated area with facultative wetland. • Developer should submit the required NPDES control measures and best management practices. Additional rock stockpile should be on hand for when rock entrance fills in. • Depressional area in the parking lot should be graded so water flows to it. Landscaping • The City native seed specification should be used in all rain pond areas, or potted plants installed with sufficient mulch to attenuate weed growth. Parking • Look at reducing parking as much as possible since proposed parking is at more than the minimum. Motion by O'Dea, 2 "d Bor to approve Marshan Estates with Environmental Board comments and recommendations. Motion was approved with all in favor. Highland Meadows East 2nd Addition Tree Preservation The Environmental Board would like the developer to make final determination of some of the trees marked for removal only after further discussion /field meeting with City Environmental and Engineer. •Page2 -99- • DU TL0 A •. L.• 38 37 36 35 34 31 21 20 19 / 18 eC) 17 Q` 16 9 10 i 12 55 54 53 52 51 50 49 40 41 42 43 44 45 46 MINOMESIM mho 17 19� ®va�� �. 13 'IQ 9 ®m © ©® A ►^026 0i 4�R6 J Ina LINDA 1 .f�® NN U1iJ _ LAK • _ II .- P� _ 3, HIGHWAY R/W PLAT NO. 48. 1 8 10 NO. 11 107 - 1 0 0 - Zit itt' 1= / 1 :11 7-7 20 18 19 21 ASH 5 I I 1 1 31 3; �y . .. .. . . � p & O / • - •• frzas 15_011.M - 102 •A: PRE .2m1nIARY PLAT OF :- OAKWOOD. VIEW 0.401.. ea3'26'E 28:74 Itch North o. of SE S.oL n 34, /%i. a RND.22 Rice Creek Covenant Church 125 Ash Steet Lino Lakes, MN 55126 Phone: (651) 486-0692 1cINITY MAP 2 52.502 Wetland Total Lot 4.0.1 \ 40,043 SM. .. ,fe„\` Total Lot %, Wetland ', • L/ as-- 1..;.. '. 1- rwr .'g _� s Ixl g3 l'. -ear —` VA .-. r../ b W.!,;,./,..1. tg 8 316,137 SF 7.26 ogres (Church Lot) S1 1 lb. Eck x20.72 bet 44. that 1140 root o. 00.M0. at is 1 I n te NOro o.t Iln. Nrxl, el oo. SeufMVl W.Ir . 1 • of N. 6ouM.xt AV. Aetlm 71. Rony. 22, 6oxt the East 340 4.01 of N. West 1120 feat of 1118 South '223 fool of sold Southeast Quarter of SoulhF.11 Warier, Anoka County, NOV,xeto. • S90Jeot To Eoxm.nl.. XIOAL DESCRIPTION ... �.,r� - - - - - - .F —ITT . £9) Re1dence- LII t, \ ' 97,226 SF \ 2.23 AC / `3 +e 961 -' _e99"1FW saa3813 9 North IN. of Souls 29. —I • • Waking Forking P4122 Pmt No, 43 (Cm:ay Rotor 230.74 Nsa3aYrW ASH STREET (caul 110. 32) RECEIVED - 103. 2=.200. t'1nr nr t tnlo LAKES rich am of as.Wn 31, 100, 31, MO. 09 Contoln. 10.28 Aerx • AREA - BREAKDOWN SINGLE MU LOTS . 10 ENABLING RES0ENCE COUPLE() LOT ICOSRNG CHURCH LOT PROPOSED 201000 FOR NORIN mar - R -10 (Lao Davit, WTI) PROPOSED 20140 FOR SOUTH PMT . P.U.O. LEGEND moms Gomm on1206 oono moms MM. DEVA,bN. Ds no. o.arna ® 1es471S Pa00 OEVAm9 —X— COMM 4112 Duo. FM. N0WFM NR.VA. 1ERT102. OATLRI e011410 0E101YA9m sr Pomo 000U• a a o.xnxar 7,j ma. seas 1F01 to 000 e. .04A NOR: PROPOS3 ZONING, scow 0e ON1P101 1000.' 10001NS00 AND PLATTING 00400.46 • GRAPHIC SCALE ,. (20301• t l.eE . so IL I 4.07 Wllp EVl 44. our %�xw Nino stela of N4rualo Bate 5.91r00 Ra 15113 61ENN or 4mos • • EHBEIN .L. .m Na 03506 w CER1'1r'1CATEOF. SURVEY AND TREE INVENTORY OF: OAKWOOD VIEW ($howing Proposed Grading IWoodritlp., E9tdlu ENTRAN 8'53'20E 028'74 2� 11n • 4e 2 Narb 1 of SE 1/4 et 58 1/4,: • 2.2U )3 1100. v.. Leh • Wetland` i,.. 1 X. /u O enrri "eis= \ \ �. r6x `7 .I .wetland �.1 fie. L. 3 �B9Bk >•”' sszes osa epe / euu qq Wetland aura The Nmth lbe of South 323• loge/ / /• (cwt? Nnod J} 8/01 Rd No..42 280.74 N8838'13°W •ASH STREET 1 40.02 58838'13'3 tEPTICN ,(CSIW 1 32) • all. 11. sf Sect. 31. The 31, PINS 22 —104 —. Rice Creek Covenant Church 125 Ash Suet Lino Lakes, MN 55126 Phone: (651) 486 -0692 NCINITY MAP LEGALDESCRIPTION • nu Eck 820.72 Mehl angle. to the SWest Me these!,, of the 5Wl4eael Duarte of the Southwest Waler, Section 31, Range 22. Eenp! the East 340 Met et the lent 1120 feet al the South • 223 feel al eebd Southeast Quarter of Sauthweat Ou.24.1 • Anoka linty, 00nneaole. Subject To Easement. Callable 18.90 Aoo. ' LEGEND --4m -- coot. =IWa mna-e INEE L. op. =MS OLT. 02,19011 • • a awn.? T. 0 DINZTE9 rum 1.01.011 MOMS • —g ` 0 a� 011171N3 —� 0312122I88 0.222. W4f54L DATUM • • WETLAND DELINEATED tN POLARIS DIIOLIP SEE ATTACHE) SHEET SIR TREE T1PE /5RE TABLE RECFI' ED MAR 24'2004 CITY Or LitNni LAKES GRAPHIC SCALE • farm) Inds ao M1 1 harmiy ee1Wy that N. nom. waa *me a aMdbart P : e at, lW. • a Ma Land =Ix No ban Minnasta Rp2hvuen Ma. 11213 CLCNN EHBEIN 2 'or 4 .ma Jab 01105 UAKWUUU.' VIEW .PRELIMINARY; GRADING PLAN SC tti SFEL tonicr ✓t Woodritlgo Entato. • sr"- Inc ' Wetland' Itch • Wetland . .I • kw • Wu / • wA net %2 I m n 0.1 f Fut�re P�fkIng / GRAPHIC SCALE DI rem ) 1 ben wm.R LEGEND 1- CLP7- PROP. FINISHED CENTERUNE . LP - LOW POINT HP . - HIGH POINT FL : FLOW UNE • - STORM STRUCTURE . * - PROPOSED ELEV. ▪ - PROPOSED STOP SIGN. • ® RAINWATER GARDEN LILT FENCE — — manna CONTOUR . '- — -VIED PROPOSED CONTOUR • X -995.69 SPOT ELEVATION • TUFFTURF PEE - VEGETATED ' .EROSION CONTROL BLANKET ROCK CONSTRUCTION .ENTRANCE Ga8D1812_01L7 ...:. - .. 1.INSTALL AND MAINTAIN SILT FENCE AS NECESSARY g 2,INSTALL ROCK CONSTRUCTION ENTRANCE 3.PLANT RAINWATER GARDENS WITH SUGGESTED ,55 ✓ • • .PLANTS. SEE RAINWATER GARDEN GARDEN 'INFORMATION 4.1 4.SOUD HATCH AREA DEUNEATES RAINWATER - GARDENS 5.PROVIDE GRANULAR FILL WITH A INFILTRATION RATE , OF.0.5' /HR WHERE SHOWN 6.RAINWATER GARDENS TO BE CONSTRUCTED. AFTER ' STREET CONSTRUCTION IS COMPLETE 7.SEED AND MULCH SHALL BE FURNISHED PER THE REQUIREMENTS OF THE CITY OF LINO LAKES 8.MAJORITY OF SITE DRAINS TO NW CORNER ' 9.NO WETLAND FILL SHOWN 10.WETLAND DELINEATION PREPARED BY POLARIS GROUP 11.MPCA PERMIT IS REQUIRED TO WORK ON SITE 12.CITY .ENGINEER TO APPROVE 11ME FOR THE . REMOVAL OF EROSION CONTROL MEASURES 13.SURMOUNTABLE STREET CURBS SHALL.SE USED ON CITY �.•14.CONCTRACTOR TO CONTACT GOPHER STATE ONE FOR UTILITY LOCATIONS PRIOR TO ANY WORK • 1- 800 - 252 -1166 15.CONTACT WILLIAM MCCULLY, P.E. AT GLENN REHBEIN.COMPANIES ® 763- 764 -0657 .,STORM NOTES.'. 1.DRAINTILE (IF REQUIRED) SHALL BE 6" ADS N -12 1- �— - PERFORATED WITHOUT SOCK PIPES, STRUCTURES AND APPURTENANCES . SHALL ADHERE TO CITY OF LINO LAKES STANDARDS ��. 3.SEE SHEET 3/4 FOR PS5 DETAIL " ' ' \ I FNARFING'RFSIDENCF STREET. PAVEMENT DESIGN'' 1 BIT. WEAR TYPE 41 1."' 2 "BIT. BASE TYPE 31 --� 1 •6'.CLV RECYCLED OR CRUSHED . \ • RECEIVED MAR 2 4 2004 ITY OF LINO LAKES WOITAx x023 0113AW¢ r 1114114410 KOSY ROCK CONSTRUCTION ENTRANCE Existing Parking 30' 14' R.6 Plat No. 40 • (COMP( ROW — EfOSTINC 50541155 ARESHOWALIN:A5LAPP GNM5.g_ WAY ONLY. THE .CONTRACTOR SHALL DETERMINE -- •71d5 EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES, BEFORE COMMENCING WORK. HE OR SHE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING. UTILITIES. (=A,li 69. 321 ' WOPot MTIW THE CLAM 02 (ffaIIIN}� xWrT�y -WAY MLL BE • • �8.a1 r WHm10nSroP rd,altA ak r. igtats Anr PERMITS YD p6TgWTION REGISEAIEHLS. THE 01bxAe1011 SHALL .1210 0 2 Alb BEGIR0EAEWrs RELATED TO 0 00MacnO H AMITY 70 AHD MMHG HOURS AS MARL.= RY TIC Ott OF WO Wan • GOPHER STATE ONE CALL TWIN CITY AREA (651)' 454 -0002 MN TOLL FREE 1 -B00 -252 -1166 1' 1 L T 1/2. 2341 enu,na.u. 9.,41 Placed attar en• .I,I.r I 1.1-- 2' 2331 BlluTln.e. 00.., Tae* Coal .I L— S. Saarard• Bob 100% 010.5,4 R.cMl.d Clan $ • L —_ 24' 5.1.c1 Granular B,mr, 50 Mod. 9412 W /1112 At Caiebb04,. and R,dll'. 4' d palm. 1.p.,n and tort saabwbm.nl. 0..d, ,nulah and dive ,mbar nmaalna R/W • TYPICAL RESIDENTIAL STREET ' SECTION •FL- 30' —FL':• BOC- 32'. -BOC • C P50 /A05 draintllg v /•aok shown en plans b.Wwn CB. and dens baH.ln of bled null , Tall 1%17 51. Z ban • w•anadan J o /. _ 4 PRENNINAR GRADING, DRAINAGE AND EROSION CONTROL PAN 42 4 Y o 141 - R N D GLENN w 31 o� 04 K W O 0 D . VIP �nr" _ EHBEIN. a ST ,RICE CREEK COVENANT (-10 5 - 4 . w H LINO LAKES MINNESOTA liE5 1 , RILL 3011.4 0 1 - 1,. 1 PRELIMINARY UTILITY CONSTRUCTION PLAN OAKWOOD ' - SHOREVIEW COVENANT LINO LAKES. MINNESOTA 1 c VIBE' N ILR.714,%., I gtg AT 111111 1 . • AGENDA ITEM 6E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 24, 2004 TOPIC: Resolution No. 04 - 69, Authorizing Execution of Development Agreement, Hailey Manor Subdivision Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Hailey Manor on September 8, 2003, and authorized execution of a grading only development agreement on October 27, 2003. Hailey Manor consists of four existing residential Tots to be subdivided into 14 residential units. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement the Hailey Manor Subdivision. The agreement provides for the following: 1 Submittal by the developer of a Letter of Credit in the amount of $186,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $27,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $49,250.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Frank Feela, 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 — 69, Authorizing Execution of Development Agreement, Hailey Manor Subdivision. 3. Not adopt Resolution Number 04 - 69. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 04 - 69 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 04 - 69 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, HAILEY MANOR SUBDIVISION. WHEREAS, the City Council approved the preliminary plat of Hailey Manor Subdivision on September 8, 2003 and a grading only development agreement on October 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 Frank Feela, Inc. for Hailey Manor 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 24th day of May, 2004. Ann J. Blair, City Clerk John J. Bergeson, Mayor DEVELOPMENT CONTRACT Hailey Manor THIS AGREEMENT made this 24th day of May, 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 Frank Feela, Inc. whose address is 11423 National Court NE, Blaine, Minnesota, 55449, 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 Hailey Manor, hereinafter called "Subdivision ", said land is legally described to -wit Lots 6, 7, and 8 Block 1, and Lot 1, Block 2, Mar Don Acres, 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, and 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 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, • Development Contract Hailey Manor 5 -24 -2004 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street and utility plan, a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 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 provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the page 2 • Development Contract Hailey Manor 5 -24 -2004 Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed by the City Forester. The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed above. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. 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. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) h) All disturbed areas shall be seeded. page 3 • Development Contract Hailey Manor 5 -24 -2004 i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. J) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gravel base, bituminous binder course, an concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 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. page 4 • Development Contract Hailey Manor 5 -24 -2004 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. 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. 13. 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. 14. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 15. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 16. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat page 5 Development Contract Hailey Manor 5 -24 -2004 which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 17. The Developer shall construct and pay for all improvements as described in the landscaping plan. 18. Guarantee a) 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's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. In the event of a default by Developer and after thirty (30) days prior written notice to Developer, 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 performing the terms and conditions of this contract. Until Developer has completed the improvements required herein, 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. page 6 -107H- Development Contract Hailey Manor 5 -24 -2004 b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. All related special assessments levied hereto shall be payable to the City Clerk in semi -annual installments over fifteen (15) years commencing on April 15 of the year after the year of 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. d). Required Payment of Special Assessments by Developer. 1. Developer, its heirs, successors or assigns hereby agrees that at the closing upon the first sale to a homeowner 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 page 7 • Development Contract Hailey Manor 5 -24 -2004 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. 1. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the 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 pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, after thirty (30) 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. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under this agreement. page 8 • • Development Contract Hailey Manor 5 -24 -2004 IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install/Operate 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. page 9 Development Contract Hailey Manor 5 -24 -2004 VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. 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 except for as provided in VI. C. B. 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. C. Arlo Lane Homes The City agrees that three homes can be installed on Arlo Lane upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building permits, the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. 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. E. Each lot must have a City approved Certificate of Grading showing the as- built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. page 10 • • Development Contract Hailey Manor 5 -24 -2004 VII. HOURS OF CONSTRUCTION ACTIVITY A. 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 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. page 11 Development Contract Hailey Manor 5 -24 -2004 IIXII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Notwithstanding the foregoing, individual homeowners shall not be obligated to perform Developer's obligations hereunder. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) Review and approval of a Homeowner's Association agreement, which includes provisions for the operation and maintenance of all signage and buffer areas. 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. XIII. VIOLATIONSBUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the page 12 • Development Contract Hailey Manor 5 -24 -2004 Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. A park dedication fee of $ 16,650.00 for Hailey Manor which created 10 new lots without any land dedication. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 13 Development Contract Hailey Manor 5 -24 -2004 • DEVELOPER • CITY OF LINO LAKES By By Developer Mayor STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA A l 1'EST: 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 page 14 -107P- • Development Contract Hailey Manor 5 -24 -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 Frank Feela, Inc., a company 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 limited liability company. Notary Public page 15 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Hailey Manor APPLICANT: Frank Feela ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 6 STREET CONST. A. Subgrade /Base Course B. Wear Course 7 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) SANITARY SEWER CONST. A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral SUBTOTALS: BUDGET COST Estimate Estimate Estimate Estimate NOTE e e e e Estimate e Estimate e Estimate e Estimate e $0.075 a $2,340 a $1,015 Estimate e $2,495 a $1,640 a Estimate e Trunk Credits (3/17 Constuction) TOTALS 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 5/18/04 -107R- NUMBER OF REU's: 14 ASSESSED AREA (ac.): 6.22 DEVELOPER IMP. (X) $0 $3,250 $5,000 $5,500 $30,000 $10,000 $o $15,000 $35,000 CITY IMP. (Y) $20,320 $14,555 $0 $10,150 $15,519 $0 $16,400 $20,000 $123,750 $76,944 $44,330 $32,614 ESCROW AMOUNT (Z) so attachments 5- 24- 04.xis ATTACHMENT B CITY FEES WDEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Hailey Manor APPLICANT: Frank Feela NUMBER OF REU's: 14 ASSESSED AREA (ac.): 6.22 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,500 b $2,500 B. Planner Review Fee $2,500 b $2,500 2 ENGINEERING A. Plan/Plat/Grading Review $0 b $5,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $0 b $15,000 D. Construction Staking $0 b $0 E. City Engineering $0 b $7,500 3 ADMINISTRATION A. Administration Fee - 3% of const. $3,500 a $3,500 B. Legal $1,000 b $1,000 C. Publications $500 b $500 4 DEVELOPMENT FEES A. Park Dedication $1,665 d $16,650 B. Sealcoating Fee $3,500 a $3,500 C. Aerial Photo Fee 90 /unit a $1,260 5 BOULEVARD TREE PLANTING 300 /lot b $4,200 6 DEVELOPMENT SECURITIES A. Tree Preservation 80 /unit b $1,120 B. Street Lighting - installation $1,590 b $0 C. Street Lighting - operation $90 b $0 D. Traffic Signing $3,000 b $0 E. Street, St. Swr., Pond Maint. b $2,520 F. Other - Property Tax, FEMA b $0 TOTALS: $0 0 $66,750 Less previous grading deposit $17,500 Total $49,250 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $186,000 $0 $186,000 Y = CITY IMPROVEMENT COSTS X (LETTER OF CREDIT) $27,000 $0 $27,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $49,250 $49,250 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 5/18/04 -107S- attachments 5- 24- 04.xls AGENDA ITEM 6F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 24, 2004 TOPIC: Resolution No. 04 -70, Authorizing Preparation of Plans and Specifications for the construction of Well No. 5. VOTE REQUIRED: Simple Majority BACKGROUND: In accordance with the Water System Comprehensive Plan, construction of Well No. 5 is planned to be in operation in 2005 to meet City demands. The construction of Well No. 5 will encompass a total of three projects. The first project is construction of Well No. 5, which is located in Birch Park. The next two projects (project 2: watermain from Well No. 5 to Pumphouse No. 3 and project 3: Well No. 5 pump, electrical controls and Pumphouse No. 3 modifications) will follow in the next couple months. It is staffs recommendation to authorize the preparation of plans and specifications in the amount of $205,000.00 for the construction of Well No. 5. OPTIONS: 1. Adopt Resolution No. 04 -70, Authorizing the Preparation of Plans and Specifications for the construction of Well No. 5. 2. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 04 -70 be adopted. CITY OF LINO LAKES RESOLUTION NO. 04 -70 RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WELL NO. 5. WHEREAS, pursuant to the Council adopting the Comprehensive Water System Plan on April 26, 2004, with reference to the first phases of improvement by constructing Well No. 5; and WHEREAS, the report provides information showing the proposed project is necessary, cost - effective, and feasible; and WHEREAS, the City's Engineer, TKDA, shall perform such services; and WHEREAS, the City proposes to use Trunk Area & Unit funds for all of the cost of the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to prepare plans and specifications for the construction of Well No. 5. Adopted by the Lino Lakes City Council this 24th day of May, 2004. John J. Bergeson, Mayor Ann Blair, City Clerk AGENDA ITEM 6G STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: May 24, 2004 TOPIC: Second Reading: Ordinance No. 15 -04 Offering Sale of City Owned Property (Former Black Duck Lift Station Site) VOTE REQUIRED: 3/5 BACKGROUND: The City Council authorized the reconstruction of the Black Duck Sanitary Sewer Lift Station in 2003. As part of the project, the lift station was relocated from the west side of Black Duck Drive to City owned property on the east side of the street. The old location was a 30' x 30' parcel obtained in 1972 when the station was constructed. As shown in the attached diagram the parcel extends into the adjacent single family residential lot. With the removal of the lift station the parcel is no longer needed for public purposes. The parcel is not of sufficient size to accommodate any future development. To relieve the City of any future maintenance responsibilities staff is requesting that ownership of the parcel be transferred to the abutting residential property. However, staff is recommending that the City retain a 10 foot drainage and utility easement over the easterly 10 feet of the parcel consistent with the existing easements lying north and south of the property. City staff has discussed the transfer with the adjacent property owner. They have expressed their interest in the parcel to remove the "notch" in the property. The City Council Approved the First Reading of Ordinance 15 -04 on May 10, 2004. RECOMMENDATION Staff is recommending approval of Ordinance 15 -04 authorizing the sale of property to the owner of Lot 1, Block 1, Lakes Addition No. 2 for the purchase price of $1.00. ATTACHMENTS 1. Ordinance No. 15 -04 2. General Location Map CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 15 -04 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY (FORMER BLACK DUCK LIFT STATION SITE) TO THE OWNER OF PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK 1, LAKES ADDITION NO. 6 The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as: That part of Outlot H, LAKES ADDITION NO. 2, Anoka County, Minnesota, described as follows: Commencing at the Northeast Corner of said Outlot "H "; thence South along the East line of said Outlot "H ", 92.28 feet to the point of beginning; thence continuing South along said East line, 30 feet; thence West at right angles to said East line, 30 feet; thence North at right angles, 30 feet; thence East at right angles, 30 feet to the point of beginning and there terminating. (the "Property") is owned by the City of Lino Lakes (the "City "). The city council of the City has determined that, with the exception of a 10 foot drainage and utility easement, the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes conveyance of the Property directly to the owner of property legally described as Lot 1, Block 1, Lakes Addition No. 6, retaining therefrom, for public use, a 10 foot drainage and utility easement over the easterly 10 feet of said parcel. The mayor and city clerk - treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to convey the Property. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. John Bergeson, Mayor ATTEST: Ann Blair, City Clerk 33 [119 18 140,00 134.5 ' o A 8 es .0 "1.35 Cs >) 11 es.° b LL CO 158,2; . 0 7 [ac 17643 04. i 14 3 2 • [82] 24`32 4 .3.3.1 0 X145, 21/ ^1 5.3 �N 18 0 132, 7g tzy [48]1 1351Q0p `° 0 100.00 0] gi [49] car 20 0 100.00 r [83] 0 [2 5 [107] 2 86.0 [5 'NI 21 81.85 4� r13 2.28 a2 28 35 2n W J 99.92 5,00 [42] 7 .105.5 89.00 89.00 o [41] o [40] 06 05. 110.00 89.00 A 100.00 1 89.00 89.00 o [39] o a 89.00 275.86 0 1 LANTERN LANE \.148.97 cv9 N [5}9] 88.84 78.00 8 atUI KE] 78 00 78.00 o [57] A 78.00 6I [56] DITI 78.00 78.00 u 5 UI 78.00 85.00 160.86 Al [5] �0 78.00 78.0 85.00 o [55] N .4 ..... ?(x,14_. 0 70.06 °o [54] NO. 82.83 103.00 IN'S ° PLACE 5.00 65.04 0 [124] �' 18 :r X60. 2[148] . . 19 160.r0gT 5 123] . 5.0 1¢2.22 r° i 0 ; D PI O N 125 Clir .? .150.fl0 ti tO Z.11• P 0 N 22] rs 'B to 134,07 °0 29.13 ![121] >38116 Q [126] . 165.88 21.93 4 [127]; 136.15 co 2 5[128]0 736.00 w 0 N tD N [112], Cl2 ° 152 [113] • 3 95.000 4[114] a ° 95.00 0 11 v 10.' [10] ° [9] 85.00 150.00 m w 13 [12] 8 140.00 64.4` to w [8.] 15300 95 ` 75 _ • .185 25] N 6^ �O' 4.36 60.00 z.. [136] 13 [138] 15 m � 14 [13] 0 140.00 ° 0 62.15 [135] • o d 6 [129] o ,39.37 T 80.00 J• 0 15 [14]0 ° 140.00. o [23] 024 u. 13.04_=__ 140.00 a [22] o 1238 BLACv 1n1J CK CT. - 4 4 - 1 17 '1-,Ri 140.00 1 [21 ] 220 AGENDA ITEM 6Hi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 24, 2004 TOPIC: Resolution No. 04 -71, Approving Plans and Specifications and Authorizing Advertisement for Bids for the Holly Drive Improvement Project. VOTE REQUIRED: Simple Majority BACKGROUND: The plans and specifications for the Holly Drive Improvement project were ordered by the City Council. Preparation of the plans is substantially complete, including reviews by the Rice Creek Watershed District, and MnDOT. City staff has prepared the plans and specifications for this work and is requesting Council approval to advertise for bids. The project schedule is as follows: May 24, 2004 July 15, 2004 July 26, 2004 November, 2004 Approve Plans and Authorize Advertisement for Bids Open Bids Consider Award of Contract Substantial Completion of Construction The street reconstruction portion of the project will be funded mostly through Municipal State Aid. Funding will also come from the Trapper's Crossing subdivision which was previously assessed $265,000.00 for the road improvements. Surface Water Management and Trunk funds will complete the funding for this project. The utility extensions will be minimal at this time. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 04 -71, approving plans and specifications and authorizing advertisement for bids for Holly Drive Improvement Project. 3. Not adopt Resolution Number 04 -71. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 04 -71 be adopted. CITY OF LINO LAKES RESOLUTION NO. 04 -71 RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS— HOLLY DRIVE IMPROVEMENT PROJECT. WHEREAS, the City Engineer has prepared plans and specifications for Holly Drive Improvement project, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 a.m. on Thursday, July 15, 2004, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, July 26, 2004, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 24th day of May, 2004. John J. Bergeson, Mayor Ann J. Blair, City Clerk • • AGENDA ITEM 6Hii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 24, 2004 TOPIC: Resolution No. 04 -72, Authorizing Request to Advance Funds from the City's Municipal State Aid Street Account VOTE REQUIRED: Simple majority BACKGROUND: The street reconstruction portion of the Holly Drive Improvement project will be funded mostly through Municipal State Aid. Funding will also come from the Trapper's Crossing subdivision which was previously assessed $265,000.00 for the road improvements. Surface Water Management and Trunk funds will complete the funding for this project. The utility extensions will be minimal at this time. The Municipal State Aid current balance is $1,372,774.26. After the reduction of the total estimated disbursements ($2,709,056.33), the advance amount is $1,336,282.07. OPTIONS: 1. Adopt Resolution 04 -72, Authorizing Request to Advance Funds from the City's Municipal State Aid Street Account. 2. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 04 -72 be adopted. CITY OF LINO LAKES RESOLUTION NO. 04 -72 RESOLUTION AUTHORIZING REQUEST TO ADVANCE FUNDS FROM THE CITY'S MUNICIPAL STATE AID STREET ACCOUNT. WHEREAS, the street reconstruction portion of the Holly Drive Improvement project will be funded mostly through Municipal State Aid; and: WHEREAS, it is proposed that the remaining funds will come from previous Trapper's Crossing subdivision assessments, Surface Water Management Fund, and Trunk Funds; and WHEREAS, the City's Engineer has prepared plans and specifications for the Holly Drive Improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is authorized to request an advance of funds from the City's Municipal State Aid Street Account. Adopted by the Lino Lakes City Council this 24th day of May, 2004. John J. Bergeson, Mayor Ann Blair, City Clerk SALT 513(4/04) MUNICIPAL REQUEST TO RESERVE ADVANCE FUNDING The Municipality of Lino Lakes requests that the amount of $1,336,282.07 be reserved from the Municipal State Aid Street Construction Fund for the State Aid Project(s) listed below. Project # 210 - 102 -01 Project # 210 - 116 -02 Project # (Holly Drive Improvements) Project # MUNICIPAL APPROVAL The Municipality agrees that a "State Aid Payment Request" form will be submitted within 12 weeks of the signing of this document. A Municipal Council Resolution authorizing this advance funding is attached or has been previously submitted. Municipal Engineer Date STATE MD APPROVAL Construction funds in the amount of $ has been approved and reserved from the Municipal State Aid Street Construction Fund for a period of 12 weeks from the date the Municipal Engineer signed this form. State Aid Finance Date Original retained in SAF Finance file, one copy to Municipal Engineer • SALT 512(4/04) MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION WHEREAS, the Municipality of Lino Lakes is planning to implement Municipal State Aid Street Project(s) in 2004 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date May 3, 2004 $1,372,774.26 Less estimated disbursements: Project # 210- 102 -01 $958,001.73 Project # 210 - 116 -02 $62,054.60 Project # (Holly Drive) $1,689,000.00 Project # $ Bond Principle (if any) $ Project Finals (overruns -if any) $ Other $ Total Estimated Disbursements $2,709,056.33 Advance Amount (amount in excess of acct balance) $1,336,282.07 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first- come -first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the Municipality of Lino Lakes in an amount up to $1,336,282.07. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality in accordance with the schedule herein indicated: (initial one) Repayment from entire future year allocations until fully repaid. Repayment in equal annual installments Repayment from future year allocations in amounts listed below until fully repaid (maximum 5 year repayment). $ CY $ CY $ CY $ CY $ CY I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Lino Lakes, County of Anoka, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Lino Lakes, Minnesota on the day of , 20 , as disclosed by the records of said Municipality on file and of record in the office. Municipality of -116D- Municipal Clerk • AGENDA ITEM 61 STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: May 24, 2004 TOPIC: VOTE REQUIRED: BACKGROUND: Consideration of Resolution No. 04 -67 Approving Joint Powers Agreement with City of North Oaks and Town of White Bear Simple Majority As previously discussed with council, City staff has been working with the Town of White Bear, City of North Oaks and the North Oaks Company to facilitate the extension of sanitary sewer and water main to service residential development in North Oaks. Portions of Lino Lakes are designated to be serviced by sanitary sewer supplied by the Town of White Bear through properties owned by North Oaks Company within Lino Lakes. Although development of the Lino Lakes area is not slated to occur until 2010, North Oaks Company is currently in the approval process with the City of North Oaks to develop the Rapp Farm which is located south of County Road J (Ash Street) and west of Wilkinson Lake. This project is being designed to handle future expansion within the City of Lino Lakes. North Oaks Company is proposing to establish a utility corridor through their property in Lino Lakes to provide for future utility connections. This would allow North Oaks Company to proceed with development projects in North Oak without adversely impacting future expansion for use by the City of Lino Lakes. Additionally, the establishment of the corridor in Lino Lakes will allow North Oaks Company to avoid construction impacts to Wilkinson Lake and the surrounding wetlands. Staff is of the opinion that this would be a practical and cost effective process for both North Oaks Company and the City of Lino Lakes. The proposed Joint Powers Agreement (JPA) provides for the following: 1. North Oaks Company is responsible for the provision of easements, design, construction, and costs of the proposed improvements. 2. The Town of White Bear is responsible for maintenance of the proposed utilities. 3. Construction shall be in conformance with Lino Lakes Standards and subject to review and approval. $10,000 will be escrowed to coverall costs incurred by the City. Any connections or extensions to the utilities. within Lino Lakes are subject to the City's Comprehensive Plan, ordinances and policies. Future connections or extensions would require an amendment to the agreement and /or a separate agreement between the Town of White Bear and the City. The City Attorney has reviewed the proposed JPA and his comments have been addressed. RECOMMENDATION: Staff is recommending approval of Resolution No. 04 -67 Approving Joint Powers Agreement with City of North Oaks and Town of White Bear. ATTACHMENTS 1. Resolution No. 04 -67 2. Joint Powers Agreement 3 General Location Map • CITY OF LINO LAKES RESOLUTION NO. 04 -67 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF NORTH OAKS AND TOWN OF WHITE BEAR WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the North Oaks Company, LLC, a Minnesota limited liability company (the "Developer ") has proposed to the City of North Oaks a new development in an area known as Rapp Farm and has requested that the Town of White Bear (the "Town ") provide water and sanitary sewer service to Rapp Farm; and WHEREAS, the proposed water and sewer lines for the Rapp Farm development cannot be constructed entirely within North Oaks and are proposed to also be constructed through property located in Lino Lakes owned by the Developer; and WHEREAS, the City of Lino Lakes does not currently contemplate serving Rapp Farm with its municipal and sanitary sewer system; and WHEREAS, the City of Lino Lakes finds that it is the best interests of the community to cooperate with North Oaks and the Town on the extension of Town sewer and water lines through property located in Lino Lakes, owned by the Developer, in order to serve the Rapp Farm development in North Oaks. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with the City of North Oaks and the Town of White Bear and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 24th day of May, 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • RAPP FARM MASTER JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR, THE CITY OF LINO LAKES, AND THE CITY OF NORTH OAKS THIS AGREEMENT, is made to be effective the day and year set forth below between the TOWN OF WHITE BEAR, a statutory Township under the laws of the State of Minnesota (TOWN), THE CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota (LINO LAKES), and the CITY OF NORTH OAKS, a municipal corporation under the laws of the State of Minnesota (NORTH OAKS). RECITALS: • A. NORTH OAKS has in the past and will in the future, be petitioned by owners and developers of property within NORTH OAKS for connection of said property to TOWN water service and/or TOWN sewer service. B. NORTH OAKS has no plans to construct and maintain a water system or sanitary sewer system, but will permit property owners and developers to construct the same, provided the TOWN will maintain and /or allow the same to be connected to the water system and /or sanitary sewer system owned by the TOWN. C. It is feasible for the TOWN to serve property within NORTH OAKS with TOWN water service and /or sanitary sewer service, and NORTH OAKS desires to have the TOWN do so. North Oaks Company, LLC, a Minnesota limited liability company (the "Developer "), has proposed to NORTH OAKS a new development in an area known as Rapp Farm and has requested that the TOWN provide water service and sanitary sewer service to Rapp Farm. The proposed water and sewer lines for the Rapp Farm development cannot be constructed entirely within NORTH OAKS and are proposed to also be constructed through property located in LINO LAKES owned by the Developer. F LINO LAKES does not currently contemplate serving Rapp Farm with its municipal water and sanitary sewer system; • G. LINO LAKES desires to cooperate with NORTH OAKS and the TOWN on the extension of TOWN sewer and water lines through property located in LINO LAKES, owned by the Developer, in order to serve the Rapp Farm development in NORTH OAKS. PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, the TOWN, LINO LAKES and NORTH OAKS, agree as follows: SECTION 1 — WATER SERVICES A. NORTH OAKS TO HAVE CONSTRUCTED. NORTH OAKS agrees to have property owners and developers construct and install, with no cost to the TOWN, LINO LAKES, or NORTH OAKS, adequate and suitable watermains and appurtenances for property within NORTH OAKS and LINO LAKES in accordance with specifications and standards that are established by the TOWN, NORTH OAKS and LINO LAKES. NORTH OAKS agrees to have such property owners and developers provide the TOWN, LINO LAKES, and NORTH OAKS with as -built plans of all utility lines in such systems in a format acceptable to them. All watermains, appurtenances, services and connections shall be of the same kind of materials and constructed in the same manner and under the same standards, rules and regulations as are now in effect or as may hereafter be prescribed by the TOWN and LINO LAKES for similar installations in the TOWN and LINO LAKES or under standards otherwise acceptable to the TOWN and LINO LAKES. RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to conduct a site inspection of the property and prepare all of the necessary plans and specifications for the construction of the water system to service the property. The Developer shall hire the Contractor, with the approval of the TOWN, LINO LAKES, and NORTH OAKS to install the improvements. C. CONSTRUCTION OF THE WATER SERVICES. The Developer shall prepare all necessary documents to bid out the project. Such documents shall be reviewed and approved by the TOWN, NORTH OAKS, and LINO LAKES, prior to the project being bid out. The Developer shall hire contractors to install the water system to the property. The contractors shall be of the choosing of the Developer. Neither NORTH OAKS nor LINO LAKES shall be responsible for any actions of the Developer nor the Developer's contractors regarding the installation or construction of the water system. All work to be done in construction and installing the water system within LINO LAKES shall be done subject to the approval of the LINO LAKES City Engineer in accordance with City standards and requirements. All work to be done in constructing and installing the water system within NORTH OAKS shall be done subject to the approval of the NORTH OAKS City Engineer. The water lines and appurtenances shall be constructed in accordance with the direction of the TOWN, NORTH OAKS, and LINO LAKES. D. HOLD HARMLESS. The Developer shall hold harmless and defend the TOWN, NORTH OAKS and LINO LAKES from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the water system. E. EASEMENT. Easements needed to construct and maintain the water system shall be provided by the Developer. Such easements shall be reviewed, approved and accepted by the TOWN, LINO LAKES, and NORTH OAKS prior to the project being bid out. The Developer shall obtain any and all easements at no cost to the TOWN, NORTH OAKS, or LINO LAKES. F. LINO LAKES ESCROW. Developer shall, contemporaneously with the execution of this Agreement, deposit with LINO LAKES an escrow of Five Thousand . Dollars ($5,000.00) to cover the cost of legal fees, construction documents and observation for the water main in LINO LAKES, engineering fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. All fees and costs incurred by LINO LAKES in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of the construction and connection of the water systems. Any funds remaining in the escrow account after the completion shall be refunded to the Developer. G. OWNERS OF WATER SYSTEM. The system shall initially be owned by the Developer, but, NORTH OAKS within NORTH OAKS shall have the right to acquire said system for a nominal consideration as will be more fully described in development agreements between NORTH OAKS and such owners and developers. The systems within LINO LAKES shall be owned by the Developer. If LINO LAKES desires to own the system at some time in the future, a separate agreement shall be made at that time regarding the transfer of ownership and ongoing management of the system. H. HOOK -UP FEE. NORTH OAKS will collect from such property owners and developers a hook -up fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, at the time the water system is connected to each unit to be served. The foregoing fees will be turned over to the TOWN. The hook -up fees may be adjusted annually by Town Board resolution, and such fees shall be based upon the same rate charged for similar services furnished by the TOWN for property lying within the TOWN. INSPECTION /PERMIT FEE. NORTH OAKS will collect from Developer, a permit fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, half of which shall be remitted to the TOWN for connection of the water line to each unit from the street. It is agreed that all service connections from the mains shall be installed by a licensed and bonded contractor under rules identical to those in effect in the TOWN or as may hereafter be modified by the TOWN. Such connections shall also be inspected by or under the supervision of the TOWN prior to backfilling. Such permit fees may be adjusted annually by Town Board resolution, and such fees shall be the same fees charged for similar services furnished by the TOWN for property lying within the TOWN. WATER METERS. Water meters with an outside remote reader shall be purchased from the TOWN at a cost provided for in an addendum to this Agreement in the form attached as ADDENDUM — 2. Such meter and outside remote reader shall also be inspected by, or under the supervision of the TOWN. Such meters and permit fees may be adjusted annually by TOWN Board resolution. Any replacement or upgrading of meters shall be at the expense of the property owners and developers for remittance to the TOWN. EXTENSION OF SYSTEM. The amount of units requested by NORTH OAKS to be connected to the TOWN water system shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 1, specific to each project. All further needs of NORTH OAKS must be reviewed and approved by the Town Board after review of the TOWN'S water system capabilities. L. WATER TURN -ONS. Water turn -ons must be made by the TOWN'S Public Works Department. NORTH OAKS or its agent shall advise or cause the TOWN to be advised twenty -four (24) hours in advance of water turn -ons to insure that the TOWN'S Public Works Department will be available to comply. M. WATER QUANTITY AND QUALITY. The TOWN will supply to NORTH OAKS the same water quantity and quality that the TOWN provides to its own residents in the same service area. N. FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in the event there are future improvements or modifications by the TOWN to the TOWN water system benefiting property within NORTH OAKS, then the costs thereof shall be added on as part of the water system charged to the customers of said services in an amount sufficient to pay off their share of the future improvements at rates consistent with benefited TOWN properties. O. FUTURE OPERATING CHARACTERISTICS. The TOWN may desire to change the operating characteristics of its water system from time to time and may request different or additional connections to the system. In that event, NORTH OAKS agrees that property owners and developers benefited by the system shall pay all costs associated with providing the required additional facilities to NORTH OAKS. NORTH OAKS shall collect from the property owners and developers all costs associated with providing the required additional facilities to NORTH OAKS and transfer said monies within sixty (60) days to the TOWN. Additional connections to the TOWN system shall be subject to TOWN approval. PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior piping, fixtures, accessories or on- premises piping in any manner connected to the water system, be of the same materials, installed in the same manner, and meet the same standards as required for same or similar work in the TOWN. Q. RIGHT TO INSPECT. The TOWN, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the water system connecting to the TOWN for the purposes of determining whether or not they comply with the foregoing provisions, and shall have the right to examine and inspect the materials and work and method of installation of each unit's plumbing connection with said water system for the same purpose. R. PROTECTION SERVICE AND HYDRANT USE. Hydrant use for purposes other than fire fighting by NORTH OAKS shall be subject to the same rules and regulations applied by the TOWN. S. INTERRUPTIONS TO WATER SUPPLY. The TOWN shall not be liable for any lack of water supply to its customers, in the event of repair of water mains or connections of new water mains or in the event of fire prevention, or any other cause, and such water .supply may be interrupted for as long as is necessary to complete the necessary work. SECTION 2 - SANITARY SEWER SERVICE A. CITY TO HAVE CONSTRUCTED. NORTH OAKS agrees to have the Developer of Rapp Farm construct and install, at its own expense, with no cost to the TOWN, LINO LAKES, or NORTH OAKS, adequate and suitable sanitary sewer lines and appurtenances, in accordance with specifications and standards that are established by the TOWN, LINO LAKES, and NORTH OAKS. NORTH OAKS agrees to have the Developer provide the TOWN, LINO LAKES, and NORTH OAKS with as -built plans of all such sanitary sewer systems in a format acceptable to them. All sanitary sewers, appurtenances, services and connections shall be of the same kind of materials and constructed in the same manner and under the same standards, rules and regulations as are now in effect or as may hereafter be prescribed by the TOWN and LINO LAKES for similar installations in the TOWN and LINO LAKES or under standards otherwise acceptable to the TOWN and LINO LAKES. B. RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to conduct a site inspection of the property and prepare all of the necessary plans and specifications for the construction of the sanitary sewer system to service the property. The Developer shall hire the contractors, with the approval of the TOWN, LINO LAKES and NORTH OAKS to install the improvements. CONSTRUCTION OF THE SANITARY SEWER SYSTEM. The Developer shall prepare all necessary documents to bid out the project. Such documents shall be reviewed and approved by the TOWN, NORTH OAKS, and LINO LAKES prior to the project being bid out. The Developer shall hire contractors to install the sanitary sewer system to the property. The contractors shall be of the choosing of the Developer. Neither NORTH OAKS nor LINO LAKES shall be responsible for any actions of the Developer nor the Developer's contractors regarding the installation or construction of the sanitary sewer system. All work to be done in construction and installing the sanitary sewer system within LINO LAKES shall be done subject to the approval of the LINO LAKES City Engineer in accordance with City standards and requirements. All work to be done in constructing and installing the sanitary sewer system within NORTH OAKS shall be done subject to the approval of the NORTH OAKS City Engineer. The sanitary sewer lines and appurtenances shall be constructed in accordance with the direction of the TOWN, NORTH OAKS, and LINO LAKES. HOLD HARMLESS. The Developer shall hold harmless and defend the TOWN, NORTH OAKS and LINO LAKES from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the sanitary sewer system. E. EASEMENT. Easements needed to construct and maintain the sanitary sewer system shall be provided by the Developer. Such easements shall be reviewed, approved and accepted by the TOWN, NORTH OAKS, and LINO LAKES prior to the project being bid out. The Developer shall obtain any and all easements at no cost to the TOWN, NORTH OAKS or LINO LAKES. F. LINO LAKES ESCROW. Developer shall, contemporaneously with the execution of this Agreement, deposit with LINO LAKES an escrow of Five Thousand Dollars ($5,000.00) to cover the cost of legal fees, construction documents and observation for the sanitary sewer main in LINO LAKES, engineering fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. All fees and costs incurred by LINO LAKES in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of the sanitary sewer main. Any funds remaining in the escrow account after the completion shall be refunded to the Developer. G. OWNERS OF SANITARY SEWER SYSTEM. That portion of the sanitary sewer systems within NORTH OAKS shall initially be owned by the Developer, but NORTH OAKS shall have the right to acquire said systems for a nominal consideration as will be more fully described in development agreements between NORTH OAKS and the Developer. That portion of the sanitary sewer systems within LINO LAKES shall be owned by the Developer. If LINO LAKES desires to own the system at some time in the future, a separate agreement shall be made at that time regarding the transfer of ownership and ongoing management of the system. H. HOOK -UP FEE. NORTH OAKS will collect from such property owners and developers a hook -up fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, at the time the sanitary sewer system is connected to each unit to be served. The foregoing fees will be turned over to the TOWN. The hook- up fees may be adjusted annually by Town Board resolution, and such fees shall be based upon the same rate charged for similar services furnished by the TOWN for property lying within the TOWN. EXTENSION OF SYSTEM. The amount of units requested by NORTH OAKS to be connected to the TOWN sanitary sewer system shall be set forth in an addendum on the form attached as ADDENDUM — 1, specific to this project. All further needs of NORTH OAKS must be reviewed and approved by the Town Board after review of the TOWN'S sanitary sewer system capabilities. J. FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in the event there are future improvements or modifications by the TOWN to the TOWN sanitary sewer system benefiting the property, than the costs thereof shall be added on as part of the sewer system charged to the customers of said services in an amount sufficient to pay off their share of the future improvements at rates consistent with benefited TOWN properties. K. PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior piping, fixtures, accessories ' or on- premises piping in any manner connected to the sanitary sewer system, be of the same materials, installed in the same manner, and meet the same standards as required for same or similar work in the TOWN. L. RIGHT TO INSPECT. The TOWN, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the sanitary sewer system connecting to the TOWN for the purposes of determining whether or not they comply with the foregoing provisions, and shall have the right to examine and inspect the materials and work and method of installation of each unit's plumbing connection with said sanitary sewer system for the same purpose. M. MANHOLES AND LIFT STATIONS. Manhole and lift station use by LINO LAKES and NORTH OAKS shall be subject to the same rules and regulations applied by the TOWN. INTERRUPTIONS TO SANITARY SEWER SERVICE. The TOWN shall not be liable for interruption of sanitary sewer service to its customers, in the event of repair of the sanitary sewer service or connection of new • sanitary sewer service, or in the event of any other cause, such sanitary sewer service may be interrupted for as long as necessary to complete the necessary work. SECTION 3 — BILLING A. WATER & SANITARY SEWER SERVICE BILLING. 1. BILLING SERVICE. The water and sanitary sewer charges for services in connection with this Agreement, will be billed by the TOWN directly to the customers of said services. 2. PROPERTY IDENTIFICATION NUMBERS. NORTH OAKS shall provide to the TOWN, at the time the water service is turned on, and the sanitary sewer system is connected to Town sanitary sewer, the Property Identification Number (PIN), as provided by the Ramsey County Department of Property Records and Revenue, and the new owners name and the address, for all units, to allow the TOWN to enter the units into its utility billing system. 3. SURCHARGE. The TOWN will add a sufficient surcharge to the utility rate(s) for purposes of building a separate fund to finance repairs to the Sewer and /or Water System. This surcharge shall be transferred to NORTH OAKS annually and used for costs associated with special maintenance and repairs. 4. DELINQUENCIES. All sewer and water system bills which are delinquent on September 1st of each year, and have been properly billed, shall be certified by the Town Clerk to NORTH OAKS, together with the prevailing administrative fee charged by the TOWN for processing the delinquency and NORTH OAKS hereby appoints the TOWN as its agent to certify to the Auditor of Ramsey County in accordance with State Law, and the TOWN, as NORTH OAKS' agent, in so certifying such charges to the County Auditor, shall specify the amount thereof, the description of the premises serviced, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes. Upon receipt of payment from Ramsey County, NORTH OAKS will pay over to the TOWN, the delinquent charges and administrative fees so collected. B. WATER AND SANITARY SEWER SYSTEM MAINTENANCE BILLING. • 1. BILLING SERVICE. The TOWN shall forward all billing statements for costs and charges relating to maintenance and repair of the water and sanitary sewer systems as provided in SECTIONS 5 & 6 of this Agreement directly to the property owners and developers, at such address as will be provided by them. 2. BILL PAYMENT. If the property owners and developers do not pay any bill to the TOWN within ninety (90) days after receipt, the TOWN may bill NORTH OAKS for the amount billed. NORTH OAKS agrees to pay the TOWN in full for the amount due, within forty -five (45) days of receipt of the bill. However, such payment by NORTH OAKS shall not relieve the property owners and developers of the obligation to reimburse NORTH OAKS for payment of any such bill. SECTION 4 — RIGHTS OF WAY A. RIGHT -OF -WAY CHANGES. Any and all expenses and costs accruing to the sanitary sewer and water system in NORTH OAKS and LINO LAKES in connection with the maintenance, reconstruction, overlaying or paving of streets, alleys, trails, rights -of -way or easements due to the change of grade on such streets, alleys, trails, rights -of -way, easements or any other changes resulting from action of NORTH OAKS, LINO LAKES, Counties of Ramsey or Anoka or State of Minnesota, as such changes affect mains, services and appurtenances within NORTH OAKS or LINO LAKES and affecting this system, shall be the responsibility of NORTH OAKS or LINO LAKES, depending upon in which City the affected portion of the system is located, who may pass the costs and expenses thereof onto the property owners and developers. B. ACCESS. NORTH OAKS and LINO LAKES agree that the TOWN, NORTH OAKS's contracting fire department, and such other persons or entities as designated by the TOWN, shall have complete access to all roads, streets, trails, easements, rights -of -way, fire hydrants, manholes, lift stations, wells, and other sewer and water utility equipment as may be necessary for the use, maintenance, repair or replacement of the sewer and water system. For the purpose of providing such complete access, NORTH OAKS shall cause the relevant property owners and developers to consent to this Agreement using a Consent in the form attached as Exhibit A. The TOWN agrees to restore or repair any damaged roads or shoulders. EASEMENT ACQUISITION. The property owners and developers shall provide the TOWN, LINO LAKES and NORTH OAKS all easements for access to the sanitary sewer and water systems within the CITY for • purposes of repairs, maintenance or replacement or other work deemed necessary by NORTH OAKS, LINO LAKES, or the TOWN. SECTION 5 — WATER SYSTEM MAINTENANCE A. MAINTENANCE. NORTH OAKS, LINO LAKES and the Developer request that the TOWN provide all necessary maintenance and repair to the water system for the development area referenced in an addendum to this Agreement in the form attached as ADDENDUM — 1, and the TOWN has agreed to do so. B. EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty - four (24) hour, seven (7) day a week emergency service to service and maintain the water system. Such service shall include the water mains and related appurtenances only and shall not include that part of the system lying between the watermain and the dwelling, which serves as the dwelling's private service connection. PROTECTION OF WATER LINES. NORTH OAKS and LINO LAKES agree that they will each assist the TOWN in the protection of the water system and will cooperate with the TOWN in protecting barricades, stored materials, traffic routings, etc., as may be necessary for the maintenance or repair work performed by the TOWN to the water system. D. FIRE HYDRANTS. The TOWN shall flush each area of the development's fire hydrants twice each year for the charge as stated in the attached Rate Schedule which Rate Schedule may be changed annually by resolution of the TOWN. CHARGES FOR MAINTENANCE. The charges for maintenance and repairs performed pursuant to this Agreement shall be at the rates established in the attached Addendum 2 which may be changed annually by resolution of the TOWN. All services requiring outside contractors shall be as invoiced by the contractor upon invoice verification and approval by the TOWN. F. OTHER AGREEMENTS. Nothing herein shall prevent NORTH OAKS from entering into contractual agreements with the individual users or any other association comprised at least in part of individual users, provided that such contractual arrangements do not interfere with or alter NORTH OAK'S undertaking herein with respect to the TOWN. • SECTION 6 — SANITARY SEWER SYSTEM MAINTENANCE A. MAINTENANCE. NORTH OAKS, LINO LAKES, and the Developer request that the TOWN provide all necessary maintenance and repair to the sanitary sewer system for the development area referenced in an addendum to this Agreement in the form attached as ADDENDUM - 1, and the TOWN has agreed to do so. B. EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty - four (24) hour, seven (7) day week emergency service to service and maintain the sanitary sewer system. Such service shall include the sanitary sewer mains and related appurtenances only and shall not include that part of the system Tying between the sanitary sewer main and the dwelling, which serves as a private service connection for the dwelling. C. PROTECTION OF SEWER LINES. NORTH OAKS and LINO LAKES also agree that they will each assist the TOWN in the protection of the sanitary sewer system and will cooperate with the TOWN in protecting barricades, stored materials, traffic routings, etc., as may be necessary for the maintenance or repair work performed by the TOWN to the sanitary sewer system. D. LIFT STATION MAINTENANCE. The TOWN shall provide maintenance to each lift station. Lift stations shall be checked at least once per week during normal work hours and routine repair parts shall be purchased by the TOWN, and NORTH OAKS agrees that the TOWN shall be reimbursed for the costs thereof for the lift stations. E. FLUSHING OF SANITARY SEWER SYSTEMS. The TOWN shall clean and flush the gravity portion of the sanitary sewer system once each year for the charges as stated in the attached Rate Schedule which may be adjusted annually by resolution of the TOWN. NORTH OAKS agrees that the property owners and developers shall provide the TOWN, at no charge to the TOWN, all water to be used for accomplishment of services provided for in this Agreement. F. CHARGES FOR MAINTENANCE. The charges for maintenance and repairs performed pursuant to this Agreement shall be at the rates established in attached Addendum 2 which may be adjusted annually by resolution of the TOWN. All services requiring outside contractors shall be as invoiced by the contractor upon invoice verification and approval by the TOWN. G. OTHER AGREEMENTS. Nothing herein shall prevent the CITY from entering into contractual agreements with the individual users or any • other association comprised at least in part of individual users, provided said contractual arrangements do not interfere with or alter the CITY's undertaking herein with respect to the TOWN. SECTION 7 - INDEMNIFICATION A. SOD, LANDSCAPING, DRIVEWAYS, SIDEWALKS AND STREETS. Neither NORTH OAKS, LINO LAKES, nor the TOWN or their agents and employees shall be responsible for damages to landscaping or sod due to maintenance and repairs covered by this Agreement, which damages shall be the ultimate responsibility of such property owners and developers. B. INDEMNIFICATION. NORTH OAKS covenants and agrees to indemnify, save harmless, defend the TOWN, and any and all of its agents, employees and servants, from any and all claims arising from the activities conducted under this Agreement within NORTH OAKS, except claims of reckless disregard or willful misconduct. By consenting to this Agreement, such property owners and developers shall likewise indemnify and save NORTH OAKS harmless from all claims arising from the activities conducted under this Agreement by NORTH OAKS or the TOWN, except for claims of reckless disregard or willful misconduct. SECTION 8 — TERM TERM. This Agreement shall remain in force and effect unless terminated as follows: Either the TOWN, LINO LAKES, or NORTH OAKS may terminate this Joint Powers Agreement by giving two (2) years written termination notice to the other as follows: To the TOWN: Town Clerk Town of White Bear 1281 Hammond Road White Bear Township, MN 55110 To the CITY: City Clerk City of North Oaks 100 Village Center. Drive, Suite 150 North Oaks, MN 55127 To LINO LAKES: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 SECTION 9 — MISCELLANEOUS PROVISIONS A. All general and special conditions, plans, special provisions, specifications and contracts for the water system and sanitary sewer system shall and hereby are made a part of this Agreement by reference as if fully set our herein in full. B. Any connections or extensions of the sanitary sewer and water main . within LINO LAKES other than those approved herein shall be subject to and in conformance with LINO LAKES' Comprehensive Plan, ordinances, and policies. Future connections or extensions of the proposed facilities shall be subject to amendment of this Agreement and /or a separate agreement between the TOWN and LINO LAKES. All applicable fees relating to this project shall be paid by the Developer, including the cost of recording documents with Ramsey County and /or Anoka County. The Developer shall permit access to the land herein for periodic inspections to assure conformance with the conditions herein. E This agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described on Exhibit A hereto and be binding on and inure to the benefit of the successors and assigns of the parties hereto. Reference herein to the Developers, if there be more than one, shall mean each and all of them.. F. Notwithstanding the foregoing, the terms and conditions of this Agreement shall survive the termination of this Agreement to the full extent necessary for their enforcement and for the protection of the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the Town of White Bear, the City of Lino Lakes, and the City of North Oaks have caused this Agreement to be executed on their behalf by their proper offices, Board, Council and Officers. (signatures on following pages) TOWN OF WHITE BEAR By: Its Chairman ATTEST: By: Its Town Clerk- Treasurer Dated: , 2004. STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2004, by ROBERT J. WEISENBURGER, Chairman of the Town Board of Supervisors and by WILLIAM F. SHORT, Town Clerk- Treasurer, of the Town of White Bear, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public CITY OF NORTH OAKS B Its Mayor By: Its City Clerk Dated: , 2004. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this , 2004 by City of North Oaks, and by the City of North Oaks, Minnesota, a municipal corporation, corporation. day of Mayor of the , City Clerk of on behalf of the Notary Public • CITY OF LINO LAKES By: By: Its Mayor Its City Clerk Dated: , 2004. STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by , Mayor of the City of Lino Lakes, and by , City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public • EXHIBIT A CONSENT BY DEVELOPER The undersigned, property owner and /or developer of the property described in the foregoing ADDENDUM —1 to the Master Joint Powers Agreement, dated , and additional Addendum — 1, which may provide for construction, hook -up of sanitary sewer and water services, and /or maintenance between the TOWN OF WHITE BEAR, the CITY OF LINO LAKES, and the CITY OF NORTH OAKS, with respect to the development identified therein, state and represent that the undersigned have read, understood, consent to, and agree to be bound by all of the conditions and obligations of the Master Joint Powers Agreement as they relate to the undersigned, including payment of all costs referred to therein, and acknowledge that the same were entered into for the benefit of the undersigned and its successors and assigns. NORTH OAKS COMPANY, LLC Dated By: Carolyn M. McCann, President LOCATION: SERVICE PROVIDED: ADDENDUM — 1 (Here list name of subdivision) (Legal description or repeat name of subdivision) (List service maintenance, water /sewer) MAXIMUM # OF HOOK -UPS The Sections of that certain Master Joint Powers Agreement dated , 2004, by and between the TOWN OF WHITE BEAR, CITY OF LINO LAKES, and the CITY OF NORTH OAKS, that pertain to this Addendum are as follows: (Here list sections which apply from Master JPA) IN WITNESS WHEREOF, the Town of White Bear and the City of North Oaks have caused this Agreement to be executed on their behalf by their property officers, Council and Board. TOWN OF WHITE BEAR By: ROBERT J. WEISENBURGER, Chairman Dated: , 2004. ATTEST: By: WILLIAM F. SHORT, Clerk- Treasurer CITY OF NORTH OAKS By: Mayor Dated: , 2004. By: Clerk • CITY OF LINO LAKES By: Mayor Dated: , 2004. B Clerk • ADDENDUM — 2 RATE SCHEDULE For MASTER JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR, THE CITY OF LINO LAKES, AND THE CITY OF NORTH OAKS Dated ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** HOOK -UP FEES: 1. 1 Water Extension Charge Water Tower Charge Water Availability Charge (WAC) Local Sewer Availability Charge (Local SAC WATER METER CHARGES: Including Remote Read Charge) LABOR RATES: 3/4» 1" 1 %" Per worker, per hour charge — normal duty hours (7:00 a.m. to 3:30 p.m.) Per worker, per hour charge — after Normal duty hours (overtime rate) EQUIPMENT BILLING RATES: Pick -Up Truck Jet Machine :5-Ton Dump Truck Loader Inspection /Permit Fee LIFT STATION MONITORING Monthly charge (FLUSHING Semi- annual flushing of hydrants Cleaning and flushing of sanitary sewer system -140- per unit per unit per unit per unit $ 25.00 /per hour 56.00 /per hour 50.00 /per hour 43.00 /per hour 40.00 /per util /per unit $ 30.00 $ 150.00 $1,000.00 • • • PERMIT /INSPECTION FEE WATER RATE — QUARTERLY STATE WATER TESTING FEE — Quarterly WATER SERVICE MAINTENANCE — Quarterly (Transmitted to the City of North Oaks) SEWER RATE — Quarterly Adopted by Resolution of the Town TOWN OF WHITE BEAR $40.00 /per unit $1.62 per 1000 gallons ($25.75 minimum per unit) $ 1.31 $ 8.50 $52.25 of White Bear on By: ROBERT J. WEISENBURGER, Chairman ATTEST: By: WILLIAM F. SHORT, Clerk - Treasurer • • • AGENDA ITEM 6J STAFF ORIGINATOR: Michael Grochala C.C. MEETING DATE: May 24, 2004 TOPIC: Public Hearing First Reading of Ordinance No. 08 -04 Vacating Drainage and Utility Easement, Outlot A, Highland Meadows East 2nd Addition VOTE REQUIRED: Simple Majority BACKGROUND TSM Development has requested approval of a preliminary plat for Highland Meadows East 2nd Addition. The project involves developing Outlot A of the Highland Meadows East development, approved in 1999. The application includes several elements. If the project proceeds, the vacation of a drainage and utility easement must occur. The City council holds public hearings for vacations. Because of advance publication requirements, the easement vacation notice was published for April 12th. The public hearing was opened and has been continued pending receipt of additional project information required for preliminary plat consideration. RECOMMENDATION Re -open the public hearing and continue it to June 28, 2004. STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 6K Michael Grochala May 12, 2004 Comprehensive Plan Review Process 3/5 BACKGROUND: Comprehensive Planning is, in part, intended to assist in developing lands more wisely to serve citizens more effectively, make the provision of public services Tess costly, and achieve a more secure tax base. Since the adoption of the Comprehensive Plan in 2001 and subsequent implementation staff has noted that there are elements of the existing comprehensive plan that need to be reexamined. Specifically, staff is becoming increasingly concerned over conflicts between the plan elements (i.e., land use, sanitary sewer, transportation, etc.), conflicting goal and policy statements, as well as unintended consequences created by the growth management ordinance. These conflicts may have an impact on the implementation of the plan as originally intended by the community. Issues range from minor mapping errors to lack of sewer capacity to service stage 1 growth areas (2000- 2010). To address these issues staff is recommending a process that involves a review of the existing plan elements including the following: 1. Transportation Plan 2. Land Use Plan 3. Sanitary Sewer Plan 4. Water Plan 5. Natural Resources Plan 6. Park Plan as well as the Goals & Policies set forth in the plan and the Growth Management Ordinance. It is staffs intent to provide a written summary of the plan purpose, plan elements, policy implications, and identified conflicts for presentation to the City Council and Planning and Zoning Board. This review will provide the basis for discussions on the plan to determine what, if any, revisions to the plan should be examined further. If it is determined that the City should examine possible revisions to the plan a separate participatory process would be developed. The involvement of the Planning and Zoning Board is imperative to insure a successful process. As provided for in Minnesota Statutes, section 362.354 and established in City Code (Section 212.01) the Planning and Zoning Board serves as the City's "Planning Agency ". With regard to the Comprehensive Plan, Minnesota Statutes, section 462.355 states the following: Subdivision 1. Preparation and review. The planning agency shall prepare the comprehensive municipal plan. In discharging this duty the planning agency shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the development of the comprehensive municipal plan. In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. The planning agency shall periodically review the plan and recommend amendments whenever necessary. Staff is requesting City Council direction on how to proceed, as well as a timeline for completion of the review. Staff is recommending that a joint Planning and Zoning Board and City Council meeting be held to allow the appropriate time for the presentation and discussion. It is likely that multiple meetings may be necessary. If the council wishes to proceed staff will set up the meeting for late June of early July. ATTACHMENTS 1. Process Flow Chart 4 lo. Comprehensive Plan Review Process Staff Prepares Review • Review Presented to Planning & Zoning Board /City Council Determine If Modifications are needed If No Modifications Are Needed Process Completed / If Modifications Are Needed Prepare Plan Modifications 4 Obtain Community Input Prepare Data Obtain Community Input Consultant Selection Task Force Community Survey