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Home My WebLink About09/10/2007 Council Packet:TY ►IL AGENDA: SUMMARY MINUTES Monday September 10, 2007 (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke UQF C3MPLIANCE HEARING, Chambers (not televised) Iffs V ETING, 6 ➢ Open Mike / Public Comment JJ Parker, 2384 65th Street, representing a group of neighbors of Clearwater Creek asked for city assistance with a vacant, hazardous property at 2395 65th Street; At council direction, the city attorney and community development director met with the group to devise a plan to expedite the hazardous building process and get the building secured as soon as possible ➢ Call to Order and Roll Call 6:35 p.m. — Present were Mayor Bergeson, Council Members Stoltz, Reinert, Carlson, O'Donnell ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as amended to move Consent Items 1D and lE to New Business N A) Consideration of Expenditures: i) September 10, 2007 (Check No. 81001 through 81071) in the amount of $312,060.99; ii) Centennial Fire District (Check No. 2828 through 2839) in the amount of $3,785.51 Pg 9 -14 B) Consider approval of August 27, 2007 Council Work Session Pg 15 -16 Minutes C) Consider approval of August 27, 2007 City Council Meeting Pg 17 -22 Minutes D) Consider Resolution No. 07 -130, Approving a Peddler's Pg 23 -24 license for Turco Construction (Moved to New Business) Council Agenda -2- SUMMARY MINUTES E) Consider Resolution No. 07 -135, Approving a Peddler's license for Minnesota Window and Siding (Moved to New Business) 9/10/2007 Pg 25 -26 F) Consider Resolution No. 07 -136, Approving a Transient Pg 27 -28 Merchant license for TAP Enterprises for tool sale at St. Joseph's Church G) Consider Resolution No. 07 -137, Approving a special event Pg 29 -32 and temporary liquor license for a horseshoe tournament at the American Legion, 7731 Lake Drive Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve the Consent Agenda, except Items 1D and 1E that were moved to New Business, was adopted by a unanimous voice vote 1 A) Consider Resolution No. 07 -131 Adopting Proposed 2008 General Operating Budget Action Taken: Motion by Reinert, seconded by Carlson, to approve Resolution No. 07 -131 with clarification that the council will have further discussion on unresolved matters, was adopted by a unanimous voice vote Pg 32a -c B) Consider Resolution No. 07 -132 Adopting Preliminary 2007/08 Property Tax Levy Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 07 -132 as presented, was adopted by a unanimous voice vote Pg 32d -f C) Consider Resolution No. 07 -133 Setting Truth -in- Taxation Pg 32g -h Hearing Date Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 07 -133 as presented, was adopted by a unanimous voice vote D) Consider Resolution No. 07 -134 Canceling the 2007/08 Debt Pg 32i -j Service Tax Levy For G.O. Tax Increment Financing Bond Series 2007A Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 07 -134 as presented, was adopted by a unanimous voice vote E) Consider Resolution No. 07 -146 Recognizing Receipt and Pg 32k -1 Designation of Memorial Hospital District Funds Action Taken: Motion by Carlson, seconded by Reinert, to approve Resolution No. 07 -146 as presented, was adopted by a unanimous voice vote Council Agenda -3- SUMMARY MINUTES ADMINISTRATION DEPARTMENT REPORT, L A) Consider Offer of Employment to Matthew Paulson — CSO Pg 32m Action Taken: Motion by O'Donnell, seconded by Carlson, to approve an offer of employment to Matthew Paulson, was adopted by a unanimous voice vote 9/10/2007 B) Consider Resolution No. 138, providing for a finding of Pg 33 -34 violation and imposing penalties, J &K Liquor Julie Bartell Action Taken: Motion by Reinert, seconded by Stoltz, to approve Resolution No. 07 -138 as presented, was adopted by a unanimous voice vote C) Consider conditional offer of employment for Police Officer position Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve an offer of employment for two police officer positions, was adopted by a unanimous voice vote UBLIC.:SAFETY DEPARTMENT' A) Consider First Reading of Ordinance No. 11 -07, Amending the City Code by repealing the current Chapter 209 and adding a new Chapter 209 entitled Emergency Management, Dave Pecchia reading and roll call required Action Taken: Motion by O'Donnell, seconded by Reinert, to approve first reading of Ordinance No. 11 -07 as presented, was adopted by the following roll call vote: Yeas, 5; Nays none B) Consider First Reading of Ordinance No. 12 -07, Amending the City Code by adding a new Chapter 509 entitled Ultimate Fighting, Dave Pecchia reading and roll call required Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve first reading of Ordinance No. 12 -07 as presented, was adopted by the following roll call vote: Yeas, 5; Nays none Pg 35 -42 Pg 43 -44 RT T No reports Council Agenda -4- 9/10/2007 SUMMARY MINUTES COMMUNITY f VELOPMENT RE Pt RT A) Street Reconstruction Ballot Questions i. Consideration of Resolution No. 07 -139, Approving Pg 44a -g Ballot Question for West Shadow Lake Drive Street Reconstruction Action Taken: Motion by Reinert, seconded by Carlson, to approve Resolution No. 07 -139 as presented, was adopted by a voice vote — Mayor Bergeson abstained from voting (Acting Mayor O'Donnell in the chair) ii. Consideration of Resolution No. 07 -140, Accepting Petition Pg 45 -52 Against Improvements, Shenandoah Area, Jim Studenski Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 07 -140 as presented, was adopted by a voice vote — Mayor Bergeson abstained from voting (Acting Mayor O'Donnell in the chair) B) Consideration of Resolution No. 07 -141, Accepting Bids Pg 53 -56 and Awarding Contract, CSAH 14/8 (Main Street) Median Landscaping Improvements, Jim Studenski Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 07 -141 as presented, was adopted by a unanimous voice vote C) Consideration of Resolution No. 07 -142, Approving Conditional Pg 57 -73 Use Permit for Planned Unit Development and PUD Development Plan/Preliminary Plat, Moon Marsh, Jeff Smyser Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 07 -142 with the addition of a 10th condition, was adopted by a unanimous voice vote D) Lake Drive Change Orders, Michael Grochala Pg 74 -83 i. Consideration of Resolution No. 07 -143, Approving Change Order No. 3, Lake Drive/35W Improvement Project ii. Consideration of Resolution No. 07 -144, Approving Change Order No. 4, Lake Drive/35W Improvement Project iii. Consideration of Resolution No. 07 -145, Approving Change Order No. 5, Lake Drive /35W Improvement Project Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 07 -143, 144 and 145 as presented, was adopted by a unanimous voice vote Council Agenda UNFINISHED None. -5- SUMMARY MINUTES tUSINESS 9/10/2007 SINI D) E) Consider Resolution No. 07 -130, Approving a Peddler's license for Turco Construction (moved from consent agenda) Consider Resolution No. 07 -135, Approving a Peddler's license for Minnesota Window and Siding (moved from consent agenda) Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 07 -130 and 135 as presented, was adopted by a unanimous voice vote Pg 23 -24 Pg 25 -26 0- +0- 0- Community Calendar- A Look Ahead September 9 — September 24, 2007 Wednesday, September Wednesday, September Wednesday, September Monday, September 24 Monday, September 24 12 canceled 12 4:30 p.m., Community Green 19 6:30 p.m., Community Room 5:30 p.m., Community Room 6:30 p.m., Council Chambers Planning & Zoning Silvera memorial ceremony Comp Plan Adv. Panel Council Work Session Council Meeting s-I-Y, b LA fed 01 `1- to-20o 7 Clearwater Creek Public Hazard Overview The neighbors in the Clearwater Creek development are concerned about the property at 2395 65th Street. This property has become structurally unsound, a hazard, and a public nuisance. The neighbors have been growing more and more concerned. During the month of August, the neighbors have started assembling to discuss their concerns; the group has grown beyond just residents on 65th street. We have been in contact with City Officials regarding the property. The City has issued a stop work order on the property but the September 10, 2007 neighbors would like more action taken. We want to see the property condemned and destroyed. We are asking the City Council to quickly resolve this issue before any home buyers are swindled, any children are hurt, or any crimes are committed. Major structural defects We believe that the structure on this property has major structural defects. It is constructed with clay block and field stone with a stucco exterior. This building in some locations has no footings and minimal sub - structure masonry construction. A few years ago, the previous owner dug underneath the home to add footings which in turn caused the building to settle and crack in multiple places. The west side of the building collapsed as a result. The structure remained unsupported for a year. The underpinning used to support the house was not done properly, causing irreversible damage. These defects have caused the building to become unsafe. We are very concerned that the current owner wants to sell this property so desperately that these major defects will not be disclosed to a new buyer. In fact the property is listed 'as -is' and is being marketed as a 'fixer- upper'. We are asking the City of Lino Lakes to condemn this property to prevent a buyer from unknowingly purchasing an unsafe structure. Hazards caused by the incomplete addition The previous owners of the property started a renovation project with an addition 4 years ago. These efforts were never completed. Demolition of the west side of structure was complete but the foundation was never re- constructed properly. The west side of the structure is currently being supported, improperly, by temporary house jacks. We are concerned that the structure may collapse on its own. Furthermore, the excavated land around the addition is dangerous for anyone on the property. There is a 15' cliff on the north -west side of the structure. We are concerned that neighborhood kids or workers not knowing about this danger could severely injure or kill themselves. We are asking the city to take this hazard into consideration when reviewing this property. 11 Page Public safety issues The neighbors of Clearwater Creek and 65th street are more than just homeowners concerned about property values. We are all like family to each other. We have annual neighborhood events, we close our neighbor's garage door if it's left open during the day, and we are always willing to help each other out. There are many families with energetic children in our neighborhood. To our dismay, many of us have seen children playing around the vacant house, building bike jumps, and generally curious about the old house. This property is no place for someone to be, let alone children. There is the incomplete addition with collapsing foundation, 15' cliff and rusted metal rebar; old gas cans and debris left by the previous owner; electrical cables running across the yard. Furthermore, as the structure continues to deteriorate it becomes more of a hazard. The City needs to take care of this problem property. City of Lino Lakes staff have described the property as dilapidated, a public nuisance, attracts vandalism and lends itself to possible break -ins. What the residents would like We expect the City of Lino Lakes will recognize this property as structurally deficient, un- inhabitable, and a hazard in our neighborhood. We expect the City to take quick and decisive action to fix the problem before this cycle begins again. We also would encourage members of the City Council and City staff members to drive past the property, talk the neighbors, and experience the property first hand. We want this property condemned and destroyed. We are asking the City Council to... IMMEDIATELY STOP POTENTIAL BUYERS FROM INVESTING IN A STRUCTURALLY DEFECTIVE PROPERTY DESTROY THE STRUCTURE ON THE PROPERTY AND RE -GRADE SO IT IS NOT A HAZARD TO THE COMMUNITY Our initiative We believe this property was an oversight when the development was created and should have been removed at that time. The neighbors of Clearwater Creek have even created a website to gather support in the efforts. We encourage you to visit it at: http: / /www.clearwatercreek.org click on Neighborhood Eyesore. Based on website and community feedback, we will be compiling an official petition from all the 500+ neighbors in the surrounding area. Thanks you for your time and action, Neighbors of Clearwater Creek The Neighbors of Clearwater Creek are represented tonight by JJ Parker 1 2384 65th Street 1 651- 762 -1981 1 jj @trms.com 21 Page Neighbors of Clearwater Creek NAME Dan & Sue Johnson James & Debra Woods Lenore & Ron Birch Steve & Terese Fox Layne & Jennifer McCleary Loren & Marilyn Clark Kristine Revard Tim & Dawn Cummings John & Katherine Bensen JJ & Amber Parker Rob & Stephanie Albin Neil & Debbie Menzies Carla & Russ Lawrence Michelle & David Gotthold Steve & Denise Carlson Mike & Becky Wenzler Brooke & Phil McIntire Kevin & Barbara Wilkins Michelle & Darren Sylvander ADDRESS 2377 -65th Street 2390 -65th Street 2396 65th Street 2366 65th Street 2383 65th Street 2371 65th Street 2365 65th Street 2378 65th Street 6378 August Circle 2384 65th Street 2218 Tart Lake Rd 6525 Clearwater Creek Dr 2248 Tart Lake Rd 6452 Stella Lane 6323 Langer Ln 6482 Stella Ln 6458 Stella Ln 6495 Clearwater Creek Dr PHONE 651 - 653 -8099 651 - 426 -0899 651 - 429 -2717 651 - 653 -3961 651 - 762 -3936 651 - 426 -5312 651 - 407 -6535 651 - 426 -2220 651 - 247 -7584 651 - 762 -1981 651 - 227 -6919 651 - 204 -6405 651 - 762 -4090 651 - 308 -3278 651- 407 -8878 651 - 407 -1362 651 - 762 -0456 651 - 653 -5859 651 - 203 -1715 3 1 P Photographs of defective structure Incomplete addition North side of house Structure is severed No footings Dug under the house causing cracking Foundation falling away Never tied into addition South side of house House cracking off ready to fall Improper header Not supporting the weight of the house Improper house jacks which are bowing under the weight of the house Cracking through the foundation allows light to be seen New addition falling in Wage LIQUOR VIOLATIONS HEARING • STAFF ORIGINATOR: Captain Kent Strege HEARING DATE: September 10, 2007 TOPIC: Liquor Compliance Checks & Violations • Liquor License Hearing - Background / Recommendation On May 29, 2007 representatives of the Lino Lakes Police Department completed liquor license compliance checks on all licensed establishments in Lino Lakes that were open at the time. Two establishments failed the check, J &K Liquor as well as Bobby & Steve's Utilizing the Best Practices Grid, the May 29th violation would be the second one in a 12 month period for J &K Liquor (previous violation 6/23/2006) and thus would have a $1,000 civil penalty as well as a 5 day suspension of their license which is recommended to be stayed. On June 21st, 2007 Officers of the Lino Lakes Police Department found several patrons still inside Miller's on Main after hours in violation of the liquor ordinance This is the first violation for this establishment in the last 12 month period. In accordance with the Best Practices Grid a $500 civil penalty is recommended. The violation by Bobby & Steve's during this compliance check is their first violation and the Best Practices Grid would institute a $500 civil penalty. Past practice has been that the first historical violation of a liquor license be handled by providing training to their employees. RECOMMENDATION In summary the police department recommends that the following penalties be imposed as defined in the grid: J &K Liquor $1,000 additional civil penalty as well as a five day license suspension (stayed) for the second violation. Miller's on Main $500 civil penalty Bobby & Steve's Employee training ATTACHMENT Best Practices Grid Section 701.10 of the City Code Non -Best Practices Grid intoxiearang 1s Violation asps and 5 days suspension $500 and 3 days suspension $500 and 5 days suspension 2°d Violation $1,000 and 10. days suspension $l;OOO and 3' Violation $2,000 and 15days suspension Best:Practices Grid 1' Violation Violation Violation; • Off -sale intoxicating liquor $500 $500 On -sale beer and wine .2 malt Return to regular grid and off Best Practices for one year. $500 $1,000 $1,000 and 5 days suspension stayed $1,500 and Return to regular grid and off Best Practices for one year. 10 days suspension staved Return to regular grid and off Best Practices for one year. • • • 701.10 Revocation, Denial or Suspension. Subdivision 1. General. A license issued or to be issued by the City may be denied, suspended, or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licenses activity. (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 2. Notice. Except in the case of a suspension pending a hearing on revocation, ten days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the license. Subd. 3. Suspension Pending a Hearing. The council may for cause, when in its judgment the public health, safety and welfare is endangered, and without advance notice, temporarily suspend any license pending a hearing on revocation for a period not to exceed thirty days. Amended by Ordinance No. 13 -02, 10/28/02 • EXPENDITURES SEPTEMBER 10, 2007 • • Date: DB/29/2007 Time: 13:11:28 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6527 - 6527 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 000080 ABLE HOSE AND RUBBER, INC. 1 932.00 932.00 .D0 .DD 000118 SNAP -ON INDUSTRIAL, INC. 1 133.42 133.42 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 25.37 25.37 .00 .00 000364 NORTHERN AIR CORPORATION 1 5,375.25 5,375.25 .00 .00 000418 SOCCER USA MINNESOTA 1 572.BD 572.BD .00 .0D 000419 STEVE TUPY TIRE SERVICE, INC. 1 425.79 425.79 .00 .00 000423 TWIN CITY FAB, INC. 1 64.20 64.20 .00 .00 000460 AHEM 1 125.00 125.00 .00 .00 000500 ASSOCIATION OF TRAINING OFFICERS MN 1 150.00 150.00 .00 .00 000539 TARGET 1 485.59 485.59 .00 .00 ^ ^0644 JDI SIGNS 6 GRAPHICS 1 37.28 37.28 .00 • /61 NATIONAL ASSOCIATION OF TOWN WATCH 1 25.00 25.00 .0D 000820 BRAUN INTERTEC, INC. 1 89.75 89.75 .00 .00 000828 JASON'S BOBBY & STEVE'S AUTO WORLD 1 40.00 40.00 .00 .00 000868 MEDTRONIC 1 211.94 211.94 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 1,267.84 1,267.84 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 143.39 143.39 .0D .00 000930 WILLIAM G. HAWKINS E. ASSOCIATES 1 15,296.60 15,296.80 .00 .DD 00100D CATCO PARTS, INC. 1 77.39 77.39 .00 .DD 001040 CENTENNIAL FIRE DISTRICT 2 2,010.00 2,010.00 .00 .00 001260 ACCLAIM BENEFITS 1 190.55 190.55 .00 .00 001270 DALCO, INC. 3 377.20 377.20 .00 .DD • Date: DB/29/2007 Time: 13:11:29 City of Lino Lakes FM Entry - Invoice Jo rn.1 Operator: JAL Page: 2 •Discount r # Name # of items Net Gross Discount Lost 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,743.95 4,743.95 .00 .00 001350 E. G. RUD E. SONS, INC. 1 409.20 409.20 .00 .00 001360 EARL ANDERSON ASSOCIATION, INC. 1 63.69 63.69 .00 .D0 001480 HAWKINS INC. 3 16,046.43 16,046.43 .00 .00 001518 FLAIL- MASTER, INC. 1 136.00 136.00 .00 .00 001530 FOREST LAKE FORD, INC. 2 371.97 371.97 .00 .00 001559 FRANCIS, LINDA 1 64.93 64.93 .00 .0D D01600 GALL'S INC. 1 354.56 354.58 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 45.68 45.88 .0D .00 001971 INFRATECH TECHNOLOGIES, INC. 2 2,835.90 2,835.90 .D0 .D0 002120 KELLY INSTJJ NCENTER 1 2,000.00 2,000.00 .00 .00 D02320 LEA t;ua OF MN CITIES INS TRST 2 131,776.00 131,776.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 242.29 242.29 .00 .00 002584 METRO SALES INCORPORATED 2 1,346.07 1,346.07 .00 .00 002721 S.E.M. CONSULTING 1 1,600.00 1,800.00 .00 .00 1110439 TYLER TECHNOLOGIES 1 360.00 360.00 .00 .00 wj220 FACTORY MOTOR PARTS COMPANY, INC. 1 70.B4 70.64 .00 .00 003250 ECM ENERGY 1 5,328.30 5,328.30 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 94.42 94.42 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 2,976.00 2,976.00 .00 .00 003370 NYSTROM PUBLISniNG COMPANY, INC. 1 5,346.16 5,346.18 .00 .D0 003445 MN DEPT OF LABOR /INDUSTRY 1 40.00 40.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 5 310.60 310.BD .00 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 1 445.17 445.17 .00 .0D 003789 RSVARD EL7CTRIC COMPANY, INC. 1 1,306.00 1,308.00 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 3 25,181.44 25,181.44 .00 .00 003927 HENRY'S WATERWORKS, INC. 1 532.81 532.81 .00 .00 • Date: 08/29/2007 Time 13:11:29 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 r # Name # of items Net Gross Discount 004099 SRF CONSULTING GROUP, INC. 1 272.55 272.55 .00 .DD 004110 GABEL, TED 1 66.00 66.00 .D0 .0D 004125 ST. PAUL CITY OF 1 114.00 114.0D .00 .D0 004126 GRONE, SHERI 1 75.00 75.0D .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 2,593.65 2,593.65 .00 .00 004350 T.K.D.A. 28 63,786.33 63,786.33 .00 .00 004470 COMO LURE & SUPPLIES, INC. 1 502.09 502.09 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 2 8,158.24 8,158.24 .00 .D0 004590 UNIFORMS UNLIMITED, INC. 1 109.65 109.65 .00 .00 004606 U. S. BANK 1 543.75 543.75 .00 .00 900176 MORALES, PETER 1 1,020.00 1,020.00 .00 .D0 900465 SWANSON, MELISSA 1 60.00 60.00 .00 .00 900471 BONESTROO, INC. 1 732.94 732.94 .D0 .00 900475 ST. PAUL, CITY OF 1 69.38 69.38 .00 .00 900492 VAUGHN -LEE ASSOCIATES 1 1,300.00 1,300.00 .00 .DD 1.96 APOGEE RETAIL, LLC 1 200.0D 200.00 .DD ,_.,500 BOROWICZ, CRAIG 1 90.00 90.00 .0D 900502 BURCH, JACK 1 80.00 B0.00 .0D .00 Grand Totals: 112 312,060.99 312,060.99 .00 .00* • Date: 09/29/2007 Time: 13:15:22 • Ranges: Operator: JAI. Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 6530 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name - 6530 # of copies: 1 Description Amount MAYOR /COUNCIL MAYDR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION IIIIILNISTRATION 1 T.ECTIONS CABLE CHARTER CHARTF'.i? SENIORS FINANCE FINANCE PREFERRED ONE COMM CENTENNIAL FIRE DIST DELTA DENTAL PLAN OF KELLY INSURANCENTER LEAGUE OF MN CITIES LEAGUE OF MN CITIES HEALTH INSURANCE SAFETY CAMP DENTAL INSURANCE DISHONESTY BOND INSURANCE ALLOCATION INSURANCE ALLOCATION /VOL Total for Department LEAGUE OF MN CITIES INSURANCE ALLOCATION NYSTROM PDBLISaING C NEWSLE'TT'ER MORALES, PETER INSTALL STONES /CARVE INS Total for Department 401 ACCLAIM BENEFITS FLEXIBLE SPENDING /JULY DELTA DENTAL FLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION PRESS PUBLICATIONS, ORDINANCE 08 -07 Total for Department 402 LEAGUE OF MN CITIES INSURANCE ALLOCATION PRESS PUBLICATIONS, NOTICE OF FILING Total for Department 403 LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 404 PRESS PUBLICATIONS, CHARTER MEETING PRESS PUBLICATIONS, SPECIAL WORK SESSION Total for Department 405 LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 406 DELTA DENTAL PLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 407 LEGAL CONSULTANTS WILLIAM G. HAWKINS & CRSMTNAL ATTORNEY /JULY LEGAL CONSULTANTS WILLIAM G. HAWKINS & MUNICIPAL ATTORNEY /JULY Total for Department 414 • 651.64 2,000.00 2,733.06 1,257.00 77,567.00 1,000.0D 85,228.70* 19.00 2,100.28 1,020.00 3,139.28* 190.55 167.50 786.00 B8_BD 1,232.85* 27.00 29.60 56.60* 4.00 4.00* 14.80 22.20 37.00* 29.00 29.00* 117.24 556.00 673.24* 11,893.20 2,438.80 14,332.00* Date: 08/29/2007 Time: 13:15:22 Operator: JAL Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description ECONOMIC DEVELOPMENT WILLIAM G. HAWKINS & MUNICIPAL ATTORNEY /JULY ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF DENTAL INSURANCE ECONOMIC DEVELOPMENT E. G. ROD & SONS, IN SURVEY WORK /CAROLES ESTA ECONOMIC DEVELOPMENT LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 415 PLANNING PLANNING PLANNING PLANNING PLANNING PANTING & ZONING 6 ZONING & ZONING & ZONING & ZONING & ZONING ENGINEERING COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE *' ^'•ICE CE SCE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE DELTA DENTAL PLAN OF LEAGUE OF MN CITIES SHORT- ELLIOTT- RENDRI SRF CONSULTING GROUP T.K.D.A. T.K.D.A. DENTAL INSURANCE INSURANCE ALLOCATION GIS SERVICE /JULY ROADWAY COST ALLOCATION 77TH STREET STUDY /JULY COMP PLAN /JULY Total for Department 416 T.K.D_A. ENGINEERING SERVICE /JULY Total for Department 417 DELTA DENTAL PLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 418 ABEM ASSOCIATION OF TRAIN TARGET NATIONAL ASSOCIATION JASON BOBBY 6 STEVE' MEDTRONIC PREFERRED ONE COMMUN DELTA DENTAL PLAN OF GALL'S INC. LEAGUE OF MN CITIES IMAGE PRINTING & GRA ANOKA COUNTY SHERIFF ANOKA COUNTY SHERIFF ST. PAUL CITY OF UNIFORMS UNLIMITED, UNIFORMS UNLIMITED, ST. PAUL, CITY OF CONFERENCE /DAVE P REGISTRATION /MELISSA H FILM /PROCESSING MEMBERSHIP /KAREN A CAR WASHES LIFEPAK TRAINING HEALTH INSURANCE DENTAL INSURANCE UNIFORM SUPPLIES INSURANCE ALLOCATION PRINTING /NEWSLETTER RANGE TIME/6 -14 RANGE TIME /7 -8,9 RADIO SERVICE /JULY UNIFORM SUPPLIES /386489 UNIFORM SUPPLIES /386497 REPLACE SPEAKER VAUGHN -LEE ASSOCIATE TRAINING /2 Total for Department 420 DELTA DENTAL PLAN OF DENTAL INSURANCE Total for Department 421 BUILDING INSPECTIONS DELTA DENTAL PLAN OF DENTAL INSURANCE BUILDING INSPECTIONS LEAGUE OF MN CITIES INSURANCE ALLOCATION BUILDING INSPECTIONS T.K.D.A. ENGINEERING SERVICE /JULY Total for Department 422 STREETS BRAUN INTERTEC, INC. SOIL CHEMISTRY Amount 268.00 33.50 409.20 146.00 856.70* 67.00 210.00 305.95 272.55 43.22 891.29 1,790.01* 15,463.97 15,463.97* 92.13 309.00 401.13* 125.00 150.00 428.10 25.00 40.00 211.94 616.20 488.99 354.58 20,676.00 242.29 70.29 374.88 114.00 35.15 74.5D 69.38 1,300.00 25,396.30* 98.16 9B.16* 142.38 357.00 2,180.19 2,679.57* 89.75 • • • Date: DB/29/2007 Time: 13:15:22 • Department Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS Fr 7rT r ,7GT FLEET FLEET r x:T7T FLEET FLEET FLEET FLEET FT,c'FT F; ,RFT FT,FFT 77.777 F .TT FLEET VERNMENT BUILDINGS IIIIIERNMENT BUILDINGS RN9 NT BUILDINGS ..'RNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL • BRYAN ROCK PRODUCTS, DELTA DENTAL PLAN OF EARL ANDERSON ASSOCI INFRATECH TECHNOLOGI LEAGUE OF MN CITIES T.A. SCHIFSKY AND SO T.K.D.A. Total for CLASS 5 DENTAL INSURANCE STREET SIGNS GROUT STORM SEWERS INSURANCE ALLOCATION ASPHALT 2007 SURFACE WATER /JULY Department 430 SNAP -ON INDUSTRIAL, TAP /DIE SET AMERICAN FASTENER & WASHERS /NUTS /FUSES /DRILL STEVE TUPY TIRE SERV TIRES /4 SDI SIGNS & GRAPHICS FABRICATE 3° TRUCK CATCO PARTS, INC. HYD HOSE /FITTINGS DELTA DENTAL PLAN OF DENTAL INSURANCE FLAIL- MASTER, INC. KNIFE /RING /CLIP FOREST LAKE FORD, IN A/C WORK #3D9 FOREST LAKE FORD, IN CLIP HOME DEPOT CREDIT SE OIL HOME DEPOT CREDIT SE SUPPLIES LEAGUE OF MN CITIES INSURANCE ALLOCATION FACTORY MOTOR PARTS REGULATOR HSBC BUSINESS SOLUTI GLOVES /BRUSH - NORTHERN TO COMO LUBE F. SUPPLIES DIESEL Total for Department 431 NORTHERN AIR CORPORA REPLACE COMPRESSOR DALCO, INC. JANITORIAL SUPPLIES DELTA DENTAL PLAN OF DENTAL INSURANCE FRANCIS, LINDA PRINTER CABLE /INK CARTRI KELLY INSURANCENTER DISHONESTY BOND LEAGUE OF MN CITIES INSURANCE ALLOCATION LEAGUE OF MN CITIES INSURANCE ALLOCATION /VOL METRO SALES INCORPOR COPIER MAINTENANCE MN DEPT OF LABOR /IND BOILERS /COMPRESSORS Total for Department 432 DELTA DENTAL PLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 450 DELTA DENTAL PLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION NYSTROM PUBLISHING C NEWSLETTER Total for Department 451 DELTA DENTAL PLAN OF DENTAL INSURANCE LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department 461 143.39 246.23 63.69 1,215.90 8,922.00 2,593.65 1,707.14 14,981.75* 133.42 25.37 425.79 37.28 77.39 38.52 136.00 352.25 19.72 19.04 26.84 1,274.00 70.84 94.42 502.09 3,232.97* 5,375.25 377.20 33.50 64.93 629.00 1,004.00 500.00 1,346.07 40.00 9,369.95* 167.49 3,495.0D 3,662.49* 107.20 614.00 3,245.90 3,967.1D* 11.72 79.00 90.72* Date: D8/25/2007 Time 13:15:22 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount SOLID WASTE TARGET LEMON OIL 3.99 SOLID WASTE DELTA DENTAL PLAN OF DENTAL INSURANCE 10.05 SOLID WASTE LEAGUE OF MN CITIES INSURANCE ALLOCATION 46.00 SOLID WASTE APOGEE RETAIL, LLC RECYCLING DAY 200.00 Total for Department 462 260.04* FORESTRY DELTA DENTAL PLAN OF DENTAL INSURANCE 11.73 FORESTRY LEAGUE OF MN CITIES INSURANCE ALLOCATION 239.00 Total for Department 463 250.73* PROGRAM REC Total for Fund 101 187,234.26* CENTENNIAL FIRE DIST SAFETY CAMP 10.0D LEAGUE OF MN CITIES INSURANCE ALLOCATION 1,921.00 GABEL, TED REIMBURSE PROGRAM REC 66.00 GRONE, SHERI REIMBURSE PROGRAM REC 75.00 SWANSON, MELISSA REIMBURSE PROGRAM REC 60.00 BORDWICZ, CRAIG REIMBURSE PROGRAM REC 90.00 BURCH, JACK REIMBURSE PROGRAM REC 80.00 Total for Department 2,302.0D* LEAGUE. OF MN CITIES INSURANCE ALLOCATION 961.00 Total for Department 200 961.00* SPECIAL EVENTS /TRIPS TARGET SUPPLIES 50.00 Total for Department 205 50.0D* s"--,TH INSTRUCTIONAL SOCCER USA MINNESOTA BALLS H INSTRUCTIONAL SKYHAWKS SPORTS ACRD PROGRAM REC /JULY Total for Department 207 YOUTH SPORTS DEBT SERVICE OlmER OTHER OTHER OTHER 572.80 2,976.00 3,548.80* B.E.M. CONSULTING ADMINISTRATIVE FEE /3 TEA 1,800.00 Total for Department 208 1,800.00* Total for Fund 201 8,661.80* U. S. BANK TAX INCREMENT BDS 2007A 218.75 Total for Department 470 218.75* Total for Fund 332 218.75* RIVARD ELECTRIC COMP EXTEND POWER /SPRINKLE T.K.D.A. LIND PARK GRADING /JULY Total for Department 499 T.K_D.A. T.K.D_A. 1,3D8.D0 2,723.95 4,031.95* Total for Fund 405 4,031.95* ENGINEERING SERVICE /JULY WATER STUDY /JULY Total for Department 499 4,449.01 11,452.55 15,901.56* • • Date: 08/29/2007 Time: 13:15:22 Operator: JAL • Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER OTHER T.K.D.A. T.R.D.A. Total for Fund 406 2007 OVERLAY /JULY 2007 SEALcD T /JULY Total for Department 499 Total for Fund 421 OTHER T.R.D_3.. ENGINEERING SERVICE /JULY Total for Department 499 OTHER OTHER OTHER OTHER Total for Fund 422 WILLIAM G. HAWKINS & MUNICIPAL ATTORNEY /JULY SHORT- ELLIOTT- HENDRU CONSULTING ENGINEERING/J SHORT- ELLIOTT- HENDRI LEGACY /JULY U. S. BANK TAX INCREMENT BDS 2007A Total for Department 499 Total for Fund 471 OTHER PRESS PUBLICATIONS, ADVERTISING FOR BIDS /MED OTHER T.K.D_A. CSAH 8/14 -JULY Total for Department 499 • WATER WATER WATER WATER WAIL& WATER WATER WATER WATER WAL WATER WA.Lbat WATER • Total for Fund 472 KELLY INSURANCENTER DISHONESTY BOND LEAGUE OF MN CITIES INSURANCE ALLOCATION Total for Department ABLE HOSE AND RUBBER ADAPTER TWIN CITY FAB, INC. TARGET DELTA DENTAL PLAN OF HAWKINS , INC. KELLY INSURANCENTER LEAGUE OF MN CITIES TYLER TECHNOLOGIES XCEL ENERGY HENRY'S WATERWORKS, HD SUPPLY WATERWORKS UTILITY SUPPLIES LEMON OIL DENTAL INSURANCE CaEmICALS /CYLINDER DISHONESTY BOND INSURANCE ALLOCATION PROGRAMMING /ACCESS REPOR MONTHLY SERVICE /JULY REFLECTIVE TAPE WATER PLAN /JULY WATER METERS BONESTROO, INC. WATER SYSTEMS CONSULTING Total for Department 494 Total for Fund 601 KELLY INSURANCENTER DISHONESTY BOND LEAGUE OF MN CITIES INSURANCE ALLOCATION 15,901.56* 1,080.70 1,544.03 2,624.73* 2,624.73* 5,511.59 5,511.59* 5,511.59* 696.90 20,187.87 4,687.62 325.00 25,897.29* 25,897.29* 155.40 323.40 478.80* 478.80* 38.00 2,386.00 2,424.00* 932.00 64.20 3.50 105.52 16,046.43 19.00 1,193.00 180.00 5,328.30 532.81 69.54 8,158.24 732.94 33,365.48* 35,789.48* 38.00 4,957.00 Date: 08/29/2007 Time: 13:15:22 Goerator: ,TAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department 4,995.00* SEWER DELTA DENTAL PLAN OF DENTAL INSURANCE 72.03 SEWER INFRATECH TECHNOLOGI VACING LIFT STATION 1,620.00 SEWER KELLY INSURANCENTER DISHONESTY BOND 19.00 SEWER LEAGUE OF MN CITIES INSURANCE ALLOCATION 2,479.0D SEWER TYLER TECHNOLOGIES PROGRAMMING/ACCESS REPOR 180.00 Total for Department 495 4,370.03* Total for Fund 602 9,365.03* T.K.D.A. AD GRAPHICS /JULY 692.78 T.K.D.A. APOLLO LANDING HOTEL /JUL 1,876.49 T.K.D.A. CENTURY FARMS 2 /JULY 501.59 T.K.D.A. CENTURY FARMS 4 /JULY 438.12 T.K.D.A. cox ESTATES /JULY 31.52 T.K.D.A. CRYSTAL COVE /JULY 53.9D T.K.D.A. ENGINEERING SERVICE /JULY 5B4.78 T.K.D.A. FOXBORDUGH /JULY 117.50 T.K.D.A. GERENAL DEVELOPER SEEVIC 392.95 T.K.D.A. GERENnL DEVELOPER SERVIC 1,108.83 T.K.D.A. GRANDVIEW /JULY 413.36 T.K.D.A. LAMOTTE GRADING /JULY 1,452.26 T.K.D.A. MAIN STREET VILLAGE /JULY 996.63 T.K.D.A. MARSHAN INDUSTRIAL PARK/ 783.01 T.K.D.A. MILLERS CROSSROAD 2 /JULY 674.43 T.K.D.A. MOLIN /JULY 193.48 T.K.D.A. MOON MARSH /JULY 1,460.05 T.K.D.A. OAKWOOD VIEW /JULY 269.50 T.K.D.A. PINE GLEN 2 /J13LY 1,985.98 T.K.D.A. THE PRESERVE /JULY 2,318.59 Total for Department 16,345.75* Total for Fund 801 16,345.75* Grand Total 312,060.99* • • • • CENTENNIAL FIRE DISTRICT • Check Register FIRE GL GL Posting Period(s): 09/07 - 09/07 Check Issue Date(s): 09/01/2007 - 09/05/2007 Page: 1 Sep 05, 2007 11:44am Per Date Check No Vendor No Payee 09/07 09/05/07 2827 20120 BATTERIES PLUS Total 2827 09/07 09/05/07 2828 20140 09/07 09/05/07 2829 30480 09/07 09/05/07 2830 30490 09/07 09/05/07 2831 31008 09/07 09/05/07 2832 31137 09/07 09/05/07 2833 130348 09/07 09/05/07 2834 130460 09/07 09/05/07 2835 130850 09/07 09/05/07 2836 140408 09/07 09/05/07 2837 160100 09/07 09/05/07 2838 180500 09/07 09/05/07 2839 190900 Total 2839 Totals: MILO BENNETT CENTENNIAL UTILITIES CENTERPOINT ENERGY COMCAST CONNEXUS ENERGY MCLEOD USA METROCALL MN STATE FIRE CHIEFS ASSN NEXTEL COMMUNICATIONS PAPERDIRECT RANDY ROLSTAD SUMMIT FIRE PROTECTION Invoice Description CHARGING CORDS BATTERIES CAT 5 CABLE STATION 1 UTILITIES STATION 2 GAS INTERNET STATION 1 ELECTRIC STATION 2 PHONE PAGERS CONFERENCE/PETERSOP CELL PHONES SAFETY CAMP EXPENSE OFFICE SUPPLY FIRE SPRINKLER INSP STATION 1 FIRE SPRINKLER INSP STATION 2 Inv Amount 19.15 132.53 151.68 839.02 78.67 64.09 95.00 359.03 391.56 88.34 750.00 145.08 58.93 326.61 250.00 187.50 437.50 3,785.51 M = Manual Check, V= Void Check • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: September 10, 2007 TOPIC: Resolution No. 07 -130, Approving Peddlers License for Turco Construction VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Turco Construction, Inc., 4808 Lilac Drive North, Brooklyn Center, MN, has submitted a peddler's license application to the city clerk's office. The company requests authorization to send company representatives door to door in the city selling roofing, siding and gutters. The city has received the permit fee and all the necessary forms required to issue Turco Construction a license. The Lino Lakes Police Department has performed a background check and indicated there would be no reason to recommend denial of the license. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No. 07 -130 2. Deny Resolution No. 07 -130 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -130 RESOLUTION APPROVING PEDDLERS LICENSE WHEREAS, Turco Construction, Inc., has submitted a peddlers license application to the city clerk's office; and WHEREAS, Turco Construction, Inc. has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all Turco Construction representatives who would be soliciting; NOW, THEREFORE, be it Resolved by the City Council of The City of Lino Lakes: Turco Construction, Inc. is hereby authorized to solicit construction services door to door for a period of six- months beginning September 10, 2007 and ending March 10, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 10th day of September, 2007. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: September 10, 2007 TOPIC: Resolution No. 07 -135, Approving Peddlers License for Minnesota Window and Siding Co. VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Minnesota Window & Siding Company, 1710 Douglas Drive, Golden Valley, MN, has submitted a peddler's license application to the city clerk's office. The company requests authorization to send company representatives door to door in the city selling roofing, siding and gutters. The city has received the permit fee and all the necessary forms required to issue Minnesota Window and Siding a license. The Lino Lakes Police Department has performed a background check on all company representatives that would be working in the city. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No. 07 -135 2. Deny Resolution No. 07 -135 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 - 135 RESOLUTION APPROVING PEDDLERS LICENSE WHEREAS, Minnesota Window & Siding Company, has submitted a peddler's license application to the city clerk's office; and WHEREAS, Minnesota Window & Siding Company has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all Minnesota Window & Siding Company representatives who would be soliciting; NOW, THEREFORE, be it Resolved by the City Council of The City of Lino Lakes: Minnesota Window & Siding Company is hereby authorized to solicit construction services door to door for a period of six - months beginning September 10, 2007 and ending March 10, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 10th day of September, 2007. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 1F STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: September 10, 2007 TOPIC Consider Resolution No. 07 -136, Approving a Transient Merchant License for T.A.P. Enterprises VOTE REQUIRED: Simple Majority (3/5 Vote Required) BACKGROUND: The City has received an application for a peddler /transient merchant license from T.A.P. Enterprises of Fremont, Nebraska, to hold a tool and general merchandise sale at St. Joseph's Church, 171 Elm Street, on Thursday, September 10, 2007. The applicant indicates they would be displaying their merchandise in the great hall area for payment and eventual pick up from a semi -truck in the parking lot. The hours of the sale are 11:00 a.m. to 7:00 p.m. Upon receipt of the application, personal history forms for all who would be involved in the sale were forwarded to the Police Department for a background check. The permit application and background information are on file in the city clerk's office. If issued, the license would be in place for a period of six months. OPTIONS: 1. Approve Resolution No. 07 -136, approving the issuance of a Peddler/Transient Merchant license to T.A.P. Enterprises 2. Deny approval of Resolution Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -136 APPROVING ISSUANCE OF A PEDDLER/TRANSIENT MERCHANT LICENSE TO T.A.P. ENTERPRISES WHEREAS, T.A.P. Enterprises has submitted an application for a transient merchant license to the city clerk's office, requesting permission to conduct a tool and general merchandise sale at St. Joseph's Church great hall and parking lot at 171 Elm Street on September 20, 2007; and WHEREAS, the applicants have complied with all of the provisions of Chapter 612 of the Lino Lakes City Code for obtaining a license for a profit business; and WHEREAS, the Lino Lakes Police Department has completed the required background investigations and has found no reason to deny the license; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 07 -136 approving issuance of a peddler /transient merchant license to T.A.P. Enterprises of Fremont, Nebraska, to be effective for a six month period commencing upon passage of this resolution. Adopted by the Council of the City of Lino Lakes this 10th day of September 2007. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1G Julie Bartell, City Clerk September 10, 2007 Consider Resolution No. 07 -137, Authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Horseshoe Tournament Simple Majority (3/5 Vote Required) American Legion Post 566 has scheduled a special event for Saturday and Sunday, September 29 & 30, 2007. The event planned is a horseshoe tournament from 12:00 to 8:00 p.m. both days. The Legion would like to fence off a portion of their property on the south side of their building to be used for the event on these days only. The Minnesota Alcohol and Gambling Enforcement Division require a 1 to 4 Day Temporary On- Sale Liquor License to allow the consumption of alcohol in this outdoor area. The applicant is required to submit their request to the city requesting local approval before the application is submitted to the state for final consideration. The Legion has submitted to the City an application for both a special event permit and temporary liquor license. The applications have been reviewed by staff, including the police and fire departments. The applicant has agreed to comply with the city's requirements and to address any safety considerations that may arise. Background information on the applicant and the American Legion Post officers is on file at City Hall. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a special event permit and temporary liquor license to American Legion Post 566. OPTIONS: • 1. Approve Resolution No. 07 -137 authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Horseshoe Tournament 2. Deny Resolution No. 07 -137. 29c -30- • Council Member introduced the following resolution and moved its adoption: • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 07 -137 AUTHORIZING A SPECIAL EVENT PERMIT AND TEMPORARY LIQUOR LICENSE FOR A HORSESHOE TOURNMENT AT AMERICAN LEGION POST 566 ON SEPTEMBER 29 & 30, 2007 WHEREAS, the manager of American Legion Post 566 has submitted an application for a special event permit and a 1 to 4 day temporary liquor license in conjunction with a event planned for September 29 & 30, 2007, and WHEREAS, the event planned is a horseshoe tournament; WHEREAS, as part of the event the Post would like to allow consumption of alcoholic beverages in a fenced area outside of but contiguous to their building; WHEREAS, the Post has indicated that all beverages will be serviced inside the building and patrons or members attending the event will receive a proper identification check to ensure no underage alcohol service will occur; WHEREAS, the Centennial Fire District inspector has reviewed the plans for the event; WHEREAS, the Police Department has reviewed the special event application and event plans and conducted the necessary background investigation on the applicant and officers of the American Legion post; WHEREAS, proof of general liability and liquor liability insurance has been submitted by the Post; WHEREAS, the Alcohol & Gambling Enforcement Division requires that this type of temporary liquor application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board. Now, Therefore, Be It Resolved by The City Council of The City of Lino Lakes: That the City Council authorizes issuance of a Special Event Permit and grants local approval of a 1-4 day temporary liquor license to American Legion Post 566 for a special event on September 29 & 30, 2007. Approved by the City Council of the City of Lino Lakes this 10TH day of September, 2007. ATTEST: Julianne Bartell, City Clerk John J. Bergeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek MEETING DATE September 10, 2007 TOPIC Consideration Resolution 07 -131 adopting the proposed 2008 Operating Budget for the City of Lino Lakes VOTE REQUIRED Simple Majority Minnesota State Statutes require the City of Lino Lakes to adopt and certify a proposed operating budget on or before September 15th of each year. The main goals in preparing the budget were to maintain current service levels to our citizens, ensure each department has adequate resources to perform their functions, provide for local street and storm drainage system maintenance, provide for the replacement of worn equipment and maintain or lower the city's tax rate. The proposed budget addresses these goals by providing resources to implement Council goals representing the greatest needs of the community, assessing engineering needs, adding new patrol officer position, continuing the process of phasing in funding for the capital equipment replacement program and street maintenance and enhancing our efforts in maintaining the storm drainage system. The budget proposed for 2008 is $9,932,236, a 3.36% increase from the budget adopted for 2007. This budget provides the city the opportunity to meet its growing needs for infrastructure maintenance and to maintain municipal services at current levels. The City Council, after long discussions and a number of compromises, has crafted a budget that meets these needs and maintains the city's tax rate to our taxpayers. The departmental budgets within the proposed budget may be further reviewed by the City Council prior to the Truth in Taxation hearing for changes, if needed. 1. Adopt Resolution 07 -131 adopting the proposed 2008 Operating Budget. 2. Refer back to staff for further review. Option 1 -32a- adoption: Council Member introduced the following resolution and moved its CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -131 RESOLUTION ADOPTING THE PROPOSED 2008 GENERAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out proposed General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the following Proposed General Fund operating budget be adopted for 2008: 2008 PROPOSED GENERAL FUND BUDGET REVENUES: Property Taxes $7,778,236 Licenses and Permits 642,500 Intergovernmental Revenue 657,000 Charges for Services 360,500 Fines and Forfeitures 110,000 Interest on Investments 200,000 Miscellaneous 184,000 TOTAL PROPOSED GENERAL FUND REVENUES $9.932.236 EXPENDITURES: Administration $1,375,702 Community Development 1,150,626 Public Safety 3,942,918 Public Services 2,671,990 Transfers 791,000 TOTAL PROPOSED GENERAL FUND EXPENDITURES $9.932.236 Julianne Bartell, City Clerk -32b- John J. Bergeson, Mayor • • • • • • Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -32c- • • AGENDA ITEM 2B STAFF ORIGINATOR Al Rolek MEETING DATE September 10, 2007 TOPIC Consideration of Resolution 07 -132 adopting the preliminary 2007 Tax Levy, collectible in 2008. Simple Majority VOTE REQUIRED Minnesota State Statutes require the City of Lino Lakes to adopt and certify a preliminary tax levy for the coming year on or before September 15th of each year. The proposed budget incorporates 3 staff positions, assesses engineering needs and continues the programs for the maintenance of the city's capital equipment and infrastructure. With these changes to the budget, the levy as proposed will increase by 4.85% over 2007, while the tax base grew by 4.81%. The proposed levy is estimated to result in a city tax rate of 38.991% for 2008, down slightly from 38.994% in 2007. The proposed levy in Resolution 07 -132 represents the City's maximum levy for 2007/08. The final levy may be decreased, but can not be more than the proposed levy when it is adopted in December. The total levy includes funding for the general operating budget, general bonded debt and tax abatements under agreements between the City and Target and Kohl's, the final year of this agreement, and for debt service for the YMCA bonds. The levy may be further reviewed by the City Council and staff prior to the Truth in Taxation hearing for changes, if necessary. 1. Adopt Resolution 07 -132 adopting the proposed 2007 tax levy, collectible in 2008. 2. F2etum to Staff for further review. Option 1 -32d- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -132 RESOLUTION ADOPTING AND CERTIFYING THE PRELIMINARY 2007 TAX LEVY, COLLECTIBLE IN 2008 WHEREAS, Minnesota State Statutes grant local govemments the authority to levy property taxes to finance the operations of the local jurisdiction; and, WHEREAS, the City of Lino Lakes annually levies property taxes to finance General Fund operating costs and annual debt service on outstanding indebtedness; and, WHEREAS, the City Council of Lino Lakes has reviewed the proposed 2008 General Fund operating budget and the preliminary 2007 tax levy collectible in 2008; and, WHEREAS, the preliminary levy is the maximum that the City will levy for tax year 2007 collectible in 2008, and which may be lowered but cannot be increased before adopting the final tax levy; and, WHEREAS, the City Council must certify the preliminary 2007 tax levy collectible in 2008 to the Anoka County Auditor by September 15, 2007. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a preliminary basis the following upon taxable property in said City of Lino Lakes: 1. Total amount levied in the year 2007 to be spread for taxes due and payable in the year 2008 is $8,866,956. 2. The total amount above levied is for the following purposes: General Operating Levy $7,903,122 Special Levies Tax Abatement — Target & Kohl's 70,114 Tax Abatement - Legacy/YMCA Abatement Bonds 2006C 42,443 General Bonded Debt Public Project Revenue Bond 109,557 Civic Complex Bond 1998A 191,213 G.O. Improvement Bond 2003B 20,741 G.O. Improvement Refunding Bond 2005B 108,041 G.O. Tax Abatement Bond 2006C 66,148 G.O. CIP Refunding Bond 2006E 125,580 Equipment Certificates of 2005 40,404 Equipment Certificates of 2006 122,603 Equipment Certificates of 2007 66,990 Total General Obligation Bonded Debt 851,277 TOTAL LEVIES $8.866.956 -32e- • • • • John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • AGENDA ITEM 2C STAFF ORIGINATOR: Al Rolek MEETING DATE: September 10, 2007 TOPIC: Resolution 07 -133 setting dates of Truth in Taxation hearings VOTE REQUIRED: Simple Majority All local government entities are required to hold Truth in Taxation hearings to receive public input on the proposed levy and general operation budget. Cities may not hold their initial hearings on the same dates as Counties and School Districts. Resolution 07 -133 sets Monday, December 10, 2007, at 6:00 p.m. as the date for the City's Truth in Taxation hearing. A continuation hearing, if needed, would be held Monday, December 17, 2007 at 6:00 p.m., with final adoption of the 2007/08 tax levy and 2008 general operating budget immediately following the continuation hearing on December 17, 2007. Staff recommends adoption of Resolution 07 -133 setting the Truth in Taxation hearing dates. 1. Adopt Resolution 07 -133 setting Truth in Taxation Hearing dates. 2. Approve altemate dates for Truth in Taxation Hearings. Option 1. -32g- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07-133 RESOLUTION SETTING DATES FOR THE TRUTH IN TAXATION HEARINGS FOR THE PROPOSED 2008 OPERATING BUDGET AND 2007 TAX LEVY COLLECTIBLE IN 2008 WHEREAS, governmental entities are required to hold Truth in Taxation hearings to receive public input on the proposed operating budget and tax levy; and, WHEREAS, cities may not hold their hearings on the same dates as Counties and School Districts; and, WHEREAS, the first two Mondays in December have been set aside exclusively for cities to hold their Truth in Taxation Hearings; and, WHEREAS, the City Council of Lino Lakes wishes to set their Truth in Taxation Hearings on these exclusive dates. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, that: 1. The initial Truth in Taxation hearing date is hereby set for Monday, December 10, 2007, at 6:00 p.m. 2. A continuation hearing, if needed, is scheduled for Monday, December 17, 2007 at 6:00 p.m. with final adoption of the 2007 -2008 tax levy and 2008 general operating budget immediately following the continuation hearing on December 17, 2007. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -32h- • • • AGENDA ITEM 2D STAFF ORIGINATOR Al Rolek MEETING DATE September 10, 2007 TOPIC Consideration Resolution 07 -134 Canceling the 2007/08 Debt Service Tax Levy for G.O. Tax Increment Financing Bond Series 2007A VOTE REQUIRED Simple Majority At the time that the City issued its G.O. Tax Increment Financing Bonds Series 2007A, an annual tax levy was included in the bond documents for the payment of future debt service. It was fully anticipated that the annual debt service would be satisfied by TIF revenue collections and through the use of MSA funding, and that the tax levy would be evaluated and canceled, if possible, on an annual basis. Following an analysis of the resources available for payment of the ensuing year debt service, staff has concluded that adequate resources are available, and recommends that the debt service tax levy for 2007 collectible in 2008 be canceled by the City Council. By adopting Resolution 07- 134 the City Council hereby cancels the 2007 -08 debt service levy for this bond issue. 1. Adopt Resolution 07 -134. 2. Refer back to staff for further review. Option 1 -32i- adoption: Council Member introduced the following resolution and moved its CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -134 RESOLUTION CANCELING THE 2007/08 DEBT SERVICE TAX LEVY FOR G.O. TAX INCREMENT FINANCING BOND SERIES 2007A WHEREAS, a tax levy is scheduled for 2007 to be collected in 2008 to pay the debt service on the G.O. Tax Increment Financing Bonds, Series 2007A; and WHEREAS, funds are available from other sources to satisfy such debt service requirements; and, WHEREAS, it is the desire of the City Council to cancel such debt service levy for 2007 collectible in 2008. NOW, THEREFORE BE IT RESOLVED that the tax levy scheduled for 2007 to be collected in 2008 to pay the debt service on the G.O. Tax Increment Financing Bonds, Series 2007A is hereby cancelled. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -32j- - • • • AGENDA ITEM 2E STAFF ORIGINATOR Al Rolek • MEETING DATE September 10, 2007 TOPIC Consideration of Resolution 07 -146 Recognizing Receipt and Designation Of Memorial Hospital District Funds • • VOTE REQUIRED Simple Majority In December, 2006, the City received a distribution of funds from the Memorial Hospital District in the amount of $17,383. The District has dissolved and has distributed their remaining funds, partially the result of residual tax levies, on a pro -rata basis to the constituent cities in the District. This distribution was receipted in 2006 and is included in our budget surplus and fund balance at the end of 2006. The City Council has reviewed this distribution and the District's recommendation for its use, and has made a determination as to how the funds should be utilized. Resolution 07 -146 formally recognizes and accepts the Memorial Hospital District funds and designates their use by the city. Staff recommends the adoption of Resolution 07 -146. 1. Adopt Resolution 07 -146. 2. Return to Staff for further review. Option 1 -32k- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -146 RESOLUTION RECOGNIZING RECEIPT AND DESIGNATION OF MEMORIAL HOSPITAL DISTRICT FUNDS WHEREAS, the Memorial Hospital District was dissolved in 2006 and distributed its remaining funds to constituent municipalities of the District; and, WHEREAS, the District strongly encouraged the recipients to use the funds for healthcare purposes; and, WHEREAS, the City of Lino Lakes, as one of the constituent municipalities received a distribution of funds in December, 2006, in the amount of $17,383 from the District; and, WHEREAS, the Lino Lakes City Council has identified uses for the funds that it feels meet with the spirit of the District's request and wishes to designate the funds for such uses. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota: 1) Recognizes and accepts the distribution of funds from the Memorial Hospital District. 2) Designates the funds for the following purposes and amends the 2007 budget as follows: Revenue /Source Memorial Hospital District Distribution Amount $17,383 Expenditure /Use Account Amount Alexandra House — 2008 Request 101- 401 -4452 -000 $ 6,613 Forest Lake Youth Services Bureau — 101 - 401 - 4452 -000 5,150 2008 Request Blue Heron Days — 2008 Request 101 - 401 -4452 -000 5,620 John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -321- • • • • • AGENDA ITEM 3A STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police DATE: September 10, 2007 TOPIC: Offer of Employment VOTES REQUIRED: 3/5 BACKGROUND The City has gone through the recruitment process for a part -time Community Service Officer (CSO). After screening, interviewing and testing, the City would like to make an offer of employment to Matthew Paulson. OPTIONS 1. Offer employment to Mr. Matthew Paulson. 2. Decline to offer employment to Mr. Matthew Paulson RECOMMENDATION Option No. 1 • • • STAFF ORIGINATOR: DATE: TOPIC: VOTES REQUIRED: BACKGROUND AGENDA ITEM 3C David J. Pecchia Public Safety Director /Chief of Police September 10, 2007 Conditional Offer of Employment 3/5 The City has gone through the recruitment process to fill a vacant Police Officer position. After screening, interviewing and testing, the City would like to make a conditional offer of employment. The offer would be conditioned upon successful completion of all required background checks. OPTIONS 1. Authorize a conditional employment offer. 2. Decline to offer employment. RECOMMENDATION Option No. 1 • AGENDA ITEM 3B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: September 10, 2007 TOPIC: Liquor Compliance Violations VOTE REQUIRED: 3/5 BACKGROUND The City Council held a hearing on September 10, 2007 commencing at 6:00 p.m. to review the police department's report and recommendations relative to compliance checks that were conducted on Lino Lakes' licensed liquor establishments. The following establishment was found to have violated the City Liquor Code and penalties were considered based on the city's adopted Best Practices Grid: . J &K Liquor; Jason's Bobby & Steve's Auto World RECOMMENDATION Based on the results of the hearing, staff is recommending approval of Resolution No. 134 that provides for a finding of violation and imposes a penalty regarding J &K Liquor. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -134 FINDING A VIOLATION OF LIQUOR CODE AND IMPOSING PENALTY J &K LIQUORS WHEREAS, the Police Department of Lino Lakes conducted a compliance check on liquor establishments on May 29, 2007; WHEREAS, it was alleged that J &K Liquors violated the Lino Lakes Code of Ordinances, Section 701 by selling alcohol to a person underage; WHEREAS, the City Council of Lino Lakes conducted a violation hearing on September 10, 2007 p.m. and reached a finding that a violation did occur; WHEREAS, the City Council has agreed to impose penalties consistent with the Best Practices Grid; WHEREAS, the recommended penalty under the Best Practices Grid is as follows: 1. $1,000 Financial Penalty 2. 5 -day suspension of license (recommended stayed) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 07 -134, Finding a Violation of the Liquor Code and Imposing Penalty, J &K Liquor. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2006. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • AGENDA ITEM 3C STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police DATE: September 10, 2007 TOPIC: Conditional Offer of Employment VOTES REQUIRED: 3/5 BACKGROUND The City has gone through the recruitment process to fill a vacant Police Officer position. After screening, interviewing and testing, the City would like to make a conditional offer of employment. The offer would be conditioned upon successful completion of all required background checks. OPTIONS 1. Authorize a conditional employment offer. 2. Decline to offer employment. RECOMMENDATION Option No. 1 • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE: September 10, 2007 TOPIC: First Reading of Ordinance No. 11 -07 Amending the City Code by Repealing the current Chapter 209 and Adding a New Chapter 209 entitled Emergency Management VOTES REQUIRED: Simple Majority Background This Ordinance update is an effort to make our current ordinance compliant with Minnesota State Statutes and consistent with our new emergency management plan. This is also a critical component of one of the City Council's 2007 -2008 goals for Public Safety. Options 1. Motion to Approve — 1st Reading 2. Motion to Deny Recommendation OPTION 1 — Approve 15` Reading: Published: 2 "tl Reading: Effective: To County Recorder Council Member moved for adoption.of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11 -07 AMENDING THE CITY CODE BY REPEALING THE CURRENT CHAPTER 209 AND ADDING A NEW CHAPTER 209 ENTITLED EMERGENCY MANAGEMENT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That Chapter 209 of the Lino Lakes Code of Ordinances be and hereby is repealed. Section 2. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 209 to read as follows: 209. EMERGENCY MANAGEMENT 209.01 POLICY AND PURPOSE Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake or other natural causes, and in order to insure that preparations of this city will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary: (1) To establish a local organization for civil defense; (2) To provide for the exercise of necessary powers during civil defense emergencies; (3) To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying out of civil functions. It is further declared to be the purpose of this chapter and the policy of the city that all civil defense functions of this city be coordinated to the maximum extent practicable with the comparable functions of the Federal govemment, of this state and of the states 28 —36— 1" Reading: 2"c Reading: : Published: Effective: To County Recorder Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11-07 AMENDING THE CITY CODE BY REPEALING THE CURRENT CHAPTER 209 AND ADDING A NEW CHAPTER 209 ENTITLED EMERGENCY MANAGEMENT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That Chapter 209 of the Lino Lakes Code of Ordinances be and hereby is repealed. Section 2, That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 209 to read as follows: 209. EMERGENCY MANAGEMENT 209.01 POLICY AND PURPOSE Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: (1) To establish a City emergency management organization responsible for City planning and preparation for emergency government operations in time of disasters. (2) To provide for the exercise of necessary powers during emergencies and disasters. (3) To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other states with respect to the carrying out of emergency preparedness functions. (4) To comply with provisions of Minnesota Statutes, Chapter 12, Section 12.25, which requires that each political subdivision of Minnesota shall establish a local organization for emergency management. 209.02 DEFINITIONS For the purpose of this chapter, the following definitions shall apply, Emergency Management. The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps. These functions include, without limitation, fire-fighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" functions. Disaster. A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Emergency,. An unforeseen combination of circumstances which calls for immediate action to prevent from developing or occurring. Emergency Management Forces. The total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this resolution or any rule or order there under. This includes personnel from City departments, authorized volunteers, and private organizations and agencies. Emergency Management Organization. The staff element responsible for coordinating city-level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements. 209.03 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION There is hereby created with the City government an emergency management organization which shall be under the supervision and control of the City Emergency Management Director, hereinafter called the "director". The director shall be appointed by the City Council/Mayor and shall be paid his/her necessary expenses. The director shall have direct responsibility for the organization, administration, and operation of the emergency preparedness organization, subject to the direction and control of the City Council/Mayor. -37- • • • • • 209.04 POWERS AND DUTIES OF THE DIRECTOR (1) The director, with the consent of the Council/Mayor, shall represent the City on any regional or state conference for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the Council/Mayor for its action. Such arrangements shall be consistent with the State Emergency Plan. (2) The director shall make studies and surveys of the manpower, industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster. The director of emergency management shall establish the economic stabilization systems and measures, service staffs, boards and sub-boards required, in accordance with state and federal plans and directions subject to approval of the Council/Mayor. (3) The director shall prepare a comprehensive emergency plan for the emergency preparedness of the City including municipal and unincorporated areas and shall present such plan to the Council/Mayor for its approval. When the Council/Mayor has approved the plan by resolution, it shall be the duty of all City agencies and all emergency preparedness forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the emergency management activities of the City to the end that they shall be consistent and fully integrated with the emergency plan of the Federal Government and the State and correlated with emergency plans of other political subdivisions within the State. (4) In accordance with the State and County Emergency Plan, the director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the City Emergency Plan when a disaster occurs. (5) The director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the City Emergency Management organization and to the Governor upon request, The head of each department or agency, in cooperation with the director, shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. (6) The director shall, in cooperation with existing City departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans of the City and State. To the extent that such emergency personnel recruited to augment a regular City department or agency for emergencies shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. (7) Consistent with the state emergency services law, the director shall coordinate the activity of municipal emergency management organizations within the City and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services (Minnesota Statutes, Chapter 12, Sec. 12.25, as it may be amended from time to time). (8) The director shall carry out all orders, rules and regulations issued by the Governor with reference to emergency management. (9) The director shall act as principal aide and advisor to the City official responsible for direction and control of all City emergency operations during an emergency. The director's main responsibility is to assure coordination among the operating departments, non-governmental groups, and with higher and adjacent governments. (10) The director shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council/Mayor. 209.05 LOCAL EMERGENCIES (1) Only the Mayor of a municipality or their legal successors may declare a local emergency. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the chief of the locals records-keeping agency of the subdivision. (2) A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter-jurisdictional disaster plans, and may authorize aid and assistance there under. (3) No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter-jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions. 209.06 EMERGENCY REGULATIONS (1) Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council/Mayor, the Council/Mayor may, by resolution, promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies. (2) Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and -39 • its availability for inspection at the Administrator's Office shall be conspicuously posted at the front of the city hall or other headquarters of the City or at such other places in the affected area as the Council/Mayor shall designate in the resolution. By like resolutions, the Council/Mayor may modify or rescind any such regulation. (3) The City Council/Mayor may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the Council/Mayor shall be suspended during the period of time and to the extent such conflict exists. During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body, acting within or without the corporate limits of City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets. • 209.07 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION All functions there under and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he/she would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 209.08 PARTICIPATION IN LABOR DISPUTE OF POLITICS The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. 209.08 EFFECTIVE DATE This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. • John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. —40— The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • • • AGENDA ITEM 4B STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE September 10, 2007 TOPIC First Reading of Ordinance No. 12 -07 Amending the City Code by adding a new Chapter 509 Related To Ultimate Fighting VOTES REQUIRED: Simple Majority Background This Ordinance is in response to our community, neighboring communities and elected officials concerns to outlaw and end the recent phenomena of "fight clubs ". We are confident that this ordinance is an important mechanism to eliminate the occurrence of this type of an event in our community. Options 1. Motion to Approve — lst Reading 2. Motion to Deny Recommendation Option 1 — Approve 1s1 Reading: Published: 2 "tl Reading: Effective: To County Recorder. Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 12 -07 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 509 RELATED TO ULTIMATE FIGHTING The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 509 to read as follows: CHAPTER 509. ULTIMATE FIGHTING 509.01 DEFINITION AND PURPOSE Ultimate fighting is any activity, regardless of how named or described, or any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, head, feet or body. This shall include, but not be limited to, any contest where kicking, punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health, safety and welfare at great risk. 509.02 PROHIBITED CONDUCT It shall be unlawful in any public or private building or place to organize, permit, be present at, or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are not included among activities prohibited by this section. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. 1 AGENDA ITEM 6Ai STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: September 10, 2007 TOPIC: Resolution No. 07 -139 Calling for an Election Related to Public Improvements 2009 Street Reconstruction Project VOTE REQUIRED: Simple Majority BACKGROUND: On May 14, 2007 in accordance with the City's Pavement Management Program the City Council ordered and updated the feasibility studies for the Shenandoah Area and West Shadow Lake Drive. Feasibility studies were received June 11, 2007 for both projects. Neighborhood meetings were held separately for the Shenandoah Area and West Shadow Lake Drive on June 28, 2007. On July 9, 2007 the City Council held • public hearings for both projects. In accordance with City Charter requirements 60 days must elapse from the date of the public hearings, prior to further action by the City Council. The 60 day period ends on September 6, 2007. During the 60 day period the City received a petition against the proposed improvements from a majority of property owners from the Shenandoah Area (Council Agenda Item 6Aii). No petitions satisfying the Charter requirements were received for the West Shadow Lake Drive Area. • In accordance with Charter requirements the next step in the process is to call for an election on the proposed improvements. Due to the petitioning process only the West Shadow Lake Drive Area project will be included on the ballot. The Charter requires that the election be held within 120 days of the date of the public hearing. To maintain communication regarding the 2009 Street Reconstruction Project ballot question with the affected residents and residents throughout the City the following communication plan will be implemented. - City staff will send out an informational brochure in mid October of 2007 (see attached example of the last Street Reconstruction brochure) - Two informational press releases published in the Quad and Pioneer Press in the fall of 2007. Program on Channel 16 describing project and need for improvements. Staff will work with the cable channel to ensure the program is run multiple times leading up to the election. Hold two informational meetings for the 2009 Street Reconstruction Project in late October 2007, meetings with City staff, City engineer, and financial consultants. Informational Meeting will be advertised in informational brochure and Quad Press. — Project information posted on City web -site. Attached is Resolution No 07 -139 calling for the election and approving the question to be voted on. In general the question requests authorization to allow the City to undertake the street reconstruction project and to pay 51.5% of the cost from special assessments and 48.5% from a property tax levy. Springsted Financial is calculating two numbers on the first page of attached Exhibit A shown as $xxx,xxx and .xxx %. Theses numbers represent the amount of taxes that would be raised in the first year of the property tax levy to pay a portion of the cost of the 2009 Street Reconstruction Project, and a percentage showing the maximum amount of increased levy of the taxable market value of property in the city. These numbers will be presented at the September 10, 2007 City Council Meeting. The proposed resolution and ballot question has been reviewed by the City's Bond Counsel, Kennedy & Graven. RECOMMENDATION: Staff is recommending adoption of Resolution No. 07 -139. • • • 46) 0 Town Center Parkway Lakes, Minnesota 55014 COO PEZ Street Reconstruction Project Referendum Information act r.+ O PRSRT STD U.S Postage PAID Permit No. 225 Osseo, MN Remember to Vote on Tuesday, Nov. 8 O ca E b CV O � 4 a O c' r� 0.A P N • c0 Cr) �3 O :t°' Estimated Cost to Property Owner "O O U cC E w¢ 0 U Market Value co) r- M O r- M vO N (mil M b4 b4 44 b4 b4 44 0 0 0 0 0 o o 0 0 0 �f N O 00 ■O �t M `O 44 64 ffi fR b4 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO 0 0 0 0 0 0 0 in O kr. O tr.) co 1 ° "' y b m y CD o o 5;o m 0 0 '� a O n+r o c CD a. 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CD OT ,- ° o i 0' r o y "'. trq SOOZ `8 IIMATUAONI LOA • • • STATE OF MINNESOTA CITY OF LINO LAKES RESOLUTION NO. 07-139 CALLING FOR AN ELECTION RELATING TO LOCAL IMPROVEMENTS (2009 STREET RECONSTRUCTION PROJECT) Background A. The City Council (the "Council ") of the City of Lino Lakes, Minnesota (the "City ") has proposed to undertake the improvement and reconstruction of certain streets as described in the West Shadow Lake Drive Area Feasibility Study, dated June 11, 2007 (the "2009 Street Reconstruction Project "). B. The 2009 Street Reconstruction Project consists of street reconstruction, storm sewer, sanitary sewer and water mains and bicycle /pedestrian trails on West Shadow Lake Drive (from Birch Street to its northern terminus), Sandpiper Drive (from West Shadow Lake Drive to its western terminus) and Shadow Court (from West Shadow Lake Drive to its western terminus). C. The City intends to pay for 51.5% of the cost of the Project through special assessments levied against benefited properties abutting the relevant streets (including property owned by the City), in accordance with standard City assessment policies and procedures. D. The Council held a public hearing on the Project on July 9, 2007 in accordance with Section 8.04 of the City Charter. E. Under Section 8.04, subdivision 2 of the City Charter, because less than 100% of the cost of the Project is to be paid for by special assessments, connection charges or any outside funding sources other than the City general fund, the City must, within 120 days after the public hearing, submit the 2009 Street Reconstruction Project and its assessment formula to the voters of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA AS FOLLOWS: 1. The Council hereby calls for an election to be held pursuant to Section 8.04 of the City Charter and Minnesota Statutes, Chapter 205 on Tuesday, November 6, 2007 from 7:00 a.m. to 8:00 p.m. relating to the Project. 2. The question to be voted on shall read as follows: QUESTION 1: The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 11, 2007 referred to as the 2009 Street Reconstruction Project. The total cost of the 2009 Street Reconstruction Project is estimated to be $5,583,000.00 Approximately 51.5% of the cost is proposed to be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 48.5% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City Charter requires voter approval before undertaking a local improvement financed in part by the general fund_ SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2009 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 51.5% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 48.5% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? 3. The City Clerk is hereby directed to (i) publish and post the notice of election in the City's official newspaper, substantially in the form attached hereto as Exhibit A at least two weeks before the election.; (ii) publish a sample ballot in the City's official newspaper at least one week before the election; (iii) post a sample ballot in City Hall for public inspection, and at each polling place, at least four days before the election; and (iv) provide written notice of the election to the _County Auditor of the County of Anoka at least 53 days before the election, including the date of the election and title and language for the ballot question; all as required by Chapter 205. 4. The City finds and determines that the foregoing recitals are true and correct. 5. This resolution shall take effect from and after its adoption. Adopted this 10th day of September, 2007. CITY OF LINO LAKES, MINNESOTA Mayor A 1 1'.EST: City Clerk • • • • • • EXHIBIT A FORM OF NOTICE NOTICE OF ELECTION CITY OF LINO LAKES, MINNESOTA NOTICE IS HEREBY GIVEN, that an election has been called and will be held in and for the CITY OF LINO LAKES, State of Minnesota, on Tuesday, November 6, 2007, for the purpose of voting on the following question: INSTRUCTIONS TO VO "1ERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: FINANCING OF STREET PROJECT AND LEVYING OF TAXES The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 11, 2007, referred to as the 2009 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $5,583,000.00. Approximately 51.5% of the cost is proposed to be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 48.5% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City Charter requires voter approval before undertaking a local improvement financed in part by the general fund. SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2009 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 51.5% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 48.5% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The amount of taxes that would be raised in the first year of the property tax levy to pay a p.rtion of the cost of the 2009 Street Reconstruction Project is estimated to be approximately $ •The maximum amount of increased levy is estimated to be approximately .% of the taxable market value of property in the city. 0,016 O YES QN0 The precincts and the polling places for this election will be as follows: PRECINCT #1 LINO LAKES SENIOR CENTER, 1189 MAIN STREET 1 Mile East of Intersection Lake Drive and Main Street PRECINCT #2 C F1RE STATION #2, 7741 LAKE DRIVE 1/2 Mile South of Intersection Lake Drive & Main Street or 3/10 Mile North of Intersection Apollo Drive and Lake Drive PRECINCT #3 ST. JOSEPH CATHOLIC CHURCH, 171 ELM STREET 1/2 Mile West of Intersection Lake Drive and EIm Street or 1/2 Mile East of Intersection Sunset Road & EIm Street PRECINCT #4 LINO LAKES CITY HALL, 600 TOWN CENTER PARKWAY Just South of the Intersection of 35W and County Road 23 PRECINCT #5 RICE CREEK COVENANT CHURCH, 125 ASH STREET Approx. 1/2 Mile West of Intersection Ash Street and Co. Rd. 49 (Hodgson Road) PRECINCT #6 LIVING WATERS LUTHERAN CHURCH, 865 BIRCH STREET 1/2 Mile East of Rice Lake Elementary or 2 Miles West of Centerville Road PRECINCT #7 RICE LAKE ELEMENTARY SCHOOL, 575 BIRCH STREET 1/2 Mile East of Intersection Hodgson Road & Birch Street or 2 1/2 Miles West of Intersection Centerville Road & Birch Street The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL City Administrator Dated: , 2007. • • • • AGENDA ITEM 6Aii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 10, 2007 TOPIC: Resolution No. 07 -140, Accepting Petition Against improvements, Shenandoah Area. VOTE REQUIRED: Simple Majority BACKGROUND: In accordance with the City's Pavement Management Program, the City Council ordered a feasibility study for the reconstruction of the streets in the Shenandoah Area. Also included in the study was the installation of watermain for this area. The City received the attached petition against these proposed improvements on August 30, 2007, from residents and property owners in the Shenandoah Area. Per the City Charter, if a petition is signed by a majority of the owners proposed to be assessed within 60 days of the Public Hearing, the Council shall not make such improvement. The petition has 40 of the 69 assessable property owners signatures (with one questionable), which is approximately 58 %. Following the acceptance of the petition against the improvement, the Shenandoah Project will not be placed on the 2007 Referendum Baliot. Attached is a copy of the signed petition and the receipt of petition against the proposed street, storm water and watermain improvement, dated August 30, 2007. RECOMMENDATION: Staff recommends that Resolution No. 07 -140 be adopted. Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES RESOLUTION NO. 07 -140 RESOLUTION RECEIVING A PETITION AGAINST IMPROVEMENTS, SHENANDOAH AREA. WHEREAS, the City of Lino Lakes has received a petition from residents the Shenandoah Area against the reconstruction of the streets and installation of the watemain in accordance with the provisions of the Lino Lakes City Charter, Section 8.04 and Minnesota Statutes, Chapter 429, and WHEREAS, the City proposes to terminate the Shenandoah Area Improvements Project, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That a petition against the Shenandoah Area Improvements Project has been received and verified. A majority of owners have signed this petition, therefore per City Charter policy, Council shall not make such improvement. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10n' day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • This letter a k owleciges receipt of a petition against the proposed sireet, storm water and watennain improvement Project No. 13849.004 and 13E49.005 delivered to Lino Lakes City Hall by Robert Bayer on August 30, 2007. 600 Town Center Parkwa no Lakes, IJiinnesota 55014-11E2 Phone: 651 - 9.8200 • Fax: 651- 982 -2499 - We, the residents of the Lino Lakes Shenandoah Area, hereby PE1'II`ION AGAINST the proposed street, storm sewer and watermain improvement Project No. 13849.004 and 13849.005. Signature /1. Z2. 3. 7)(;?( Date 4. /-, /zA/�S 8.►,� �9.. .+ v ..�, V 10. v11. A/ ddress 7/7 (-457 '7/7 P/ V-1 1-/AtA, /7 6 )) ?1/4e47,-/ ��. 17 -17 7(f -7 17 16. 17. 18. 19. 20. 4/0 4r—,—trk),LA/- • 6- %33fi hP Li?-4( 76-74/K/0 Pt,— arrc).Ae6J • rya -{ -p o_— Yarr-n LJhPLY'�'� 74)<3 grin'Ar-lk_o.d 1,13_ Lin kniTh-otcvetz_d- Dr. 7/z-S 4R4 (1-11)- DR, _ 71a3 Arrte) ice_d17r • • • • We, the residents of the Lino Lakes Shenandoah Area, hereby PETITION AGAINST the proposed street, storm sewer and watermain improvement Project No. 13849.004 and 13849.005. Address V22. v 23. V 24. z25. tz 26. v-27. ,/28. //- 29. v30. v31. MN Vitlit 793 is '7 1`! 1 / r WAtAth, , Al Br"; 0417, As ./3 2. V33. 7 7 • ✓34. v35. V 36. 37. 38. 39. 40. c l 07 /7,-Lo2 7-0—&7 o-_ 47`( 70 rt'1 J 2 c Oct ZYGO re-; We, the residents of the Lino Lakes Shenandoah Area, hereby PETITION AGAINST the proposed street, storm sewer and watermain improvement Project No. 13849.004 and 13849.005. v-1. i/ 2. i/ 3. v Signature fir +: •� ...... AfalL .141111W•11 A 1 Date Address 1 -1-o7 -10 f 4b(4 Dr 7 it 07 &' 4'x'9 v5:D fa_ I1 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 7---11-51/14 77,4//G -04167 6N tI q x40 Lh � r. 0149 P•f9•7 , q/z5107 G'/73 q-nk041-11r- ''t7 .i72/a1 (oy Sg i4ok 2Atrt • • • Memorand um DATE: August 31, 2DD7 TO: Jean Viger FROM: James E. Studenski, City Engineer RE: Shenandoah Area Petition Attached please find a Petition Against Local Improvement for the Shenandoah Area, received by the City of Lino Lakes August 3D, 2D07, for your verification. Please contact me at 651/932 -2430 with any questions. 600 Town Center Parkw 5lino Lakes, Minnesota 55014-1182 Phone: 651 -982 -2400 • Fax: 651- 982 -2499 INTEROFFICE MEMORANDUM To: James Studenski, City Engineer From: Jean Viger, Deputy Clerk Date: 9/4/2007 RE: Shenandoah Area Petition The City of Lino Lakes received the attached petition from the residents of the Lino Lakes Shenandoah Area against local improvements for the Shenandoah Area. I have verified the names of the property owners. It appears that of the 40 signatures all are qualifying signatures except possibly the 402 Arrowhead Drive signature. It is a different name than the name recorded at Anoka County Property Tax and Records. • Page 1 —52— AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 10, 2007 TOPIC: Resolution No. 07 — 141, Accepting Bids and Awarding a Construction Contract, CSAH 14/8 (Main Street) Median Landscaping Improvements VOTE REQUIRED: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on September 4, 2007. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. • Contractor Peterson Companies, Inc. Hoffman McNamara Co. Create Construction, Inc. Engineer's Estimate Amount of Bid $62,794.00 $69,259.00 $74,992.20 $87,035.00 The low bid is under the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. The final completion date for this project is October 31, 2007. RECOMMENDATION: Staff recommends approval of Resolution No. 07 — 141, Accepting Bids and Awarding a Construction Contract, CSAH 14/8 (Main Street) Median Landscaping Improvements. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -141 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — CSAH 14/8 (MAIN STREET) MEDIAN LANDSCAPING IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the construction of the CSAH 14/8 (Main Street) Median Landscaping Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Peterson Companies, Inc. Hoffman McNamara Co. Create Construction, Inc. Engineer's Estimate Amount of Bid $62,794.00 $69,259.00 $74,992.20 $87,035.00 AND WHEREAS, it appears that Peterson Companies, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Peterson Companies, Inc., in the name of the City of Lino Lakes for the construction of the CSAH 14/8 (Main Street) Median Landscaping Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted_ —54— • TKDA ENGINEERS • AR H ECTS • PLANNERS S September 4, 2007 Honorable Mayor and City Council City of Lino Lakes, Minnesota Re: CSAH 14/8 Median Landscaping City of Lino Lakes, Minnesota TKDA Project No. 13205.000 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0063 Fax www.tkda.com Dear Honorable Mayor and City Council: Bids for the referenced project were received on September 4, 2007, at 10:00 AM with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Peterson Companies, Inc. Hoffman McNamara Co. Create Construction, Inc. $62,794.00 $69,259.00 $74,992.20 Engineer's Estimate $87,035.00 Recommendation We recommend that you award the Contract to the lowest bidder, Peterson Companies, Inc., for their base bid of $62,794.00. Please do not hesitate to call me with any questions or comments you may have. Sincerely, An Employee Owned Company Promoting Affirmative Action and Equal Opportunity —55— UH I'IiUJI U l NU. 13ZUb.000 ENQINEERS- ARCHITECTS- PLANNERS IS OPENED: SEPTEMBER 4, 2007, AT 10:00 AM 3NOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE PETERSON COMPANIES, INC. HOFFMAN MCNAMARA CO. CREATE CONSTRUCTION, INC. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT $ 5,000.00I $ 4.500.00 CD O O+ ID O ti N N IA q N N ID In m m C C SS e4 N 00 O CO O c7 m C. Y! N $ 4 :200.00 I $ 8.460.00 00 Ca CV O N <4 01 ,F r h- . iN.N F$ 500,00 $ 500.00 $ 22.20 $ 22.00 $ 30.40 $ 30.40 0 0 0 0 mo.Oni0 0 0 0 0 .- r- 0 0 IO T$ 3,500.00 $ 2,358.00 $ 18,447.00 $ 3,584.00 $ 4,781.00 $ 4,781.00 $ 5,418.00 $ 1,080.00 $ 3,780.00 $ 10,725,00 00 0 0 Oi mu CD N O of r m e3 K $ 350.00 $ 282.00 $ 33.00 $ 33.00 $ 34.50 $ 34.50 $ 9.00 $ 9.00 $ 9.00_ $ 18.50 0 IO CD CD 0 $ 3,750.001 $ 3,150.00 $ 11,235.90 $ 1,944.00 $ 3,312.00 $ 3,450.00 $ 5,899.60 $ 1,440.00 $ 5,880.00 $ 7,052.50 00 00 O •7 CO e4.. ID N /AM 0000 00 CC) O I7 r) r) 64 69. $ 20.10 $ 18.00 $ 24.00 $ 25.00 $ 9.80 $ 12.00 $ 14.00 $ 10.85 $ 15,880.00 $ 4,000.00 $ 2,700.00 $ 19,585.00 $ 3,780.00 $ 4,830.00 $ 4,830.00 $ 9,030.00 $ 1,800.00 $ 8,300.00 $ 5,200.00 $ 25,000.00 0 0 n 0 CO 416. 00 00 00 00 NI- co V} IW $35.00 $35.00 $35.00 $35.00 $15.00 $16.00 $15.00 $8.00 $25,000.00 EA EA EA EA EA EA EA EA EA SF LS O ce 559 108 138 138 602 120 420 650 1 E LILAC DWARF BUSH HONEYSUCKLE ANTHONY WATERER SPIREA CHARLES ALBANEL ROSE PIER €TTE PAVEMENT ROSE MINI STELLA DAYLILY PARDON ME D, LILY TUFTED HAIR GRASS SPCIAL PAVEMENT (CONCRETE EDGING STRIPS) IRRIGATION SYSTEM TOTAL T N (RI I F IDI CO 4- to OIIO — 1 • • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser CITY COUNCIL MEETING DATE: September 10, 2007 TOPIC: Resolution 07 -142 Conditional Use Permit for Planned Unit Development and PUD Development Plan/Preliminary Plat Moon Marsh, Brian Wessel BACKGROUND Mr. Brian Wessel has submitted a proposal for a rural development called Moon Marsh. The proposal includes four residential lots on 25 acres of property. Mr. and Ms. Wessel currently reside in the existing home on the site. The project would create three more residential lots with a private loop road, a community sewage treatment system, and 12 acres of open space . Thong)1 the normal density in rural areas is one lot per ten acres, the zoning ordinance allows for up to eight units on forty acres in a PUD with a common septic system. (This translates to four units on the 25 -acre Wessel site.) This is allowed only in areas outside the growth areas defined in the Comprehensive Plan. The purpose is to provide for some development that preserves open space in areas that will not have municipal utilities. The zoning ordinance defines two types of PUD: rezoning and conditional use permit A rural residential PUD can be approved as a conditional use permit. The site is within the area analyzed by the 1 -35E Alternative Urban Areawide Review (AUAR). The AUAR's mitigation plan requires some information and review criteria that are not normally applied to development projects elsewhere in the community ANALYSIS The following summarizes the project proposal: Gross Site Area 25.3 acres Upland Area 11.1 acres Lots 4 Gross Density 0.16 units /acre Net Density 1.26 units /acre Moon Marsh page 2 Comprehensive Plan, Land Use Zoning Location Existing Land Use Guided Land Use (Comp. Plan) Zoning Site rural residential Rural Rural North rural residential City of Columbus: Rural Res. /Agricul. City of Columbus: Rural Residential South regional park reserve Rural Rural East regional park reserve Rural Rural West rural Rural Rural Comprehensive Plan: The Comprehensive Plan guides the project site for Rural land use. The site is outside of both Stage 1 (pre -2010) and Stage 2 (pre -2020) growth areas and is well outside the Metropolitan Urban Service Area (MUSA). The Comprehensive Plan includes a policy stating that "density incentives may be considered in conjunction with a rural cluster subdivision that produces permanent open space." Another policy is to "promote rural residential clustering as a means of preserving greater amounts of open space or agricultural active lands." To implement these, the zoning ordinance provides for a rural residential PUD with a common septic system. A rural PUD must have at least 50% open space. The proposal includes 51% open space (Outlots C, D, and E). Rural residential PUDs are only allowed in areas such as this that are outside of planned growth areas. This is because growth areas are planned for municipal utilities and should be reserved for urban density growth. Our standard requirement that rural Lots must be 10 acres is a way to hold areas for more dense development when utilities are available. In an area where there will be no utilities, even long term, there is no need to protect efficient service provision. The most important issue is ensuring enough land for onsite septic systems. A common treatment area ( drainfield) is an option that eliminates the need for primary and secondary drainfield areas on each lot. Growth Management: The Growth Management Policy (Ordinance No. 24-04) limits the number of dwelling units that can be approved for platting annually There are fewer than 80 units approved for 2007, leaving about 60+ for this year. The Moon Marsh project would create three new lots. The project includes several nature - friendly design elements, but this is not a "conservation development" as we typically use the term. It does not have a formally adopted stewardship (management) plan. Because we have ample units remaining for 2007 and this project creates only three new lots, there is no need to exempt the project from the annual limit. Zoning: The site is zoned Rural. The normal lot size requirement is 10 acres, and there are shoreland requirements to consider. However, a rural residential PUD with a common septic system can have up to eight units per 40 acres, or four per 20 acres. There is a minimum lot size of 25,000 sffor such a project. • • • Moon Marsh page 3 Rural Zone Shoreland: (sewered, nonriparian lot) PUD with common septic Proposed PUD lot size minimum 10,800 25,000 sf 33,000 sf to 93,000 sf lot width building setbacks from street rear lot line side lot line 10' 10' 80' 100' 250'+ along private road from OHWL bldg. height 150' 35' 36' 25' same as zoning at •roject .eri •hery 25' from private road 30' 15' 500'+ impervious max. 65% 30% per underlying reqs. <20% (estimated) min. open space 50% 51% Shoreland: Shoreland overlay zoning covers land within 1000 feet of the Ordinary High Water Level (OHWL) of Rondeau Lake, classified as a "natural environment lake ". A shoreland overlay also applies within 300 feet of Rice Creek, but the creek is about 500 feet to the east. The OHWL for Rondeau Lake has not been determined. Lacking a specific determination, examination of the treeline often is used as the alternative method. The treeline is 100 -150 feet west of the road. By this reckoning, the Wessel property is within the shoreland overlay. However, shoreland requirements will have little effect on the site. Since all the proposed home sites are on the eastern part of the property, shoreland setbacks from the OHWL will not affect the proposal. The nearest building site will be more than 400' from the public roadway, well beyond the required 150' setback from the OHWL. There are no lakeshore Lots, so visibility from the lake is not an issue. The shoreland ordinance was written well before current community septic systems technology, so lot sizes addressed only individual septic systems and municipal utilities. The current technology treats wastewater better than the typical public treatment plant. We are considering the "sewered" lot size in the shoreland ordinance as the appropriate one. There are no steep slopes on the property, so erosion down a bank into the lake or anywhere else is not a significant issue. In fact, very little site disturbance is proposed on the western part of the site. The ends of the private loop road and some culvert work are the only excavation activities near East Rondeau Lake Road. The site drains into Rice Creek and then to Peltier Lake and the chain of lakes, so water quality issues are pertinent. There are rain gardens designed into the project. The City has requirements for minimizing erosion that apply to all construction projects. In addition, the Rice Creek Watershed District examines and regulates impacts on wetlands and water quality. We forwarded the initial submittal to the MnDNR in January. An e -mail from MnDNR states they have no concerns and have the following comments: Moon Marsh page 4 • 1. The proposed density falls easily within the statewide guidelines for development in shoreland areas. This entire parcel is within the shoreland district of Rondeau Lake. 2. The preservation of the open space, the filtration basins, and the curbless road section help lower this project's impact on the landscape. 3. The community septic system is not a concern if it will be monitored and maintained on a regular basis by a responsible party that has experience in the upkeep of similar utilities. Alternative Urban Areawide Review (AUAR): This site is within the area analyzed by the I -35E Corridor AUAR Development within the area is subject to the mitigation plan adopted with the AUAR. The mitigation plan includes some specific, quantified requirements, but many of the requirements are means of achieving the best results possible, depending on the site. Conservation Development Framework: The Conservation Development Framework provides the foundation for most of the conservation objectives within the AUAR area. Implementation of the Framework will: conserve the most ecologically significant natural resources within the AUAR area (in particular, the "core" and "outlier" habitats); protect ecologically significant natural resources from adjacent land uses by implementing buffering; and connect ecologically significant natural resources via multi- functional greenway corridors. The goals of the Conservation Development Framework will be pursued through a variety of methods. The maps in the AUAR provide summary information and guidance. For example, the Minnesota Land Cover Classification System map (AUAR Fig. 10 -1) shows several cover types. The upland area where the new lots would be are classified as planted or cultivated vegetation, relating to the agriculture that has occurred. The existing driveway and house site show as artificial surfaces and associated areas. The western part, which corresponds to the large Outlot D wetland, is herbaceous and there are small forest areas where the wetlands are in the proposed Outlots E and C. These latter areas hold promise for preservation and merit special attention. The Wetland/Aquatic and Upland Habitats map (AUAR Fig. 10 -2) show the west wetland area as core wetland & aquatic habitat. It is these core areas that we want to preserve. Large core habitat areas can provide habitat for a wide range of wetland - dependent and aquatic species as well as rare natural features. Therefore, the larger wetland area as well as the other outlots will be protected with a conservation easement. This will preserve land adjacent to larger, off -site greenway areas to the east and south, which are part of the regional park. The conservation easement should provide for the possibility of future restoration work. Water gnality. storm water mananement, erosion and sedimentation: The AUAR inrindes analyses -of surface water runaff issues which lead to requirements for including • Moon Marsh page 5 infiltration elements and other techniques. It also includes estimated stormwater management recommendations for specific development areas. These estimates in the AUAR cannot be considered strict requirements because they were broad and based on general soil types and assumptions about impervious areas related to development. However, they do provide some guidance . The most general estimate is that 0 %-5% of the developable area would be needed for stormwater management (AUAR Fig. 17 -3). On a little less general estimate, the Moon Marsh site is labeled development area A -FR, with an estimated need of 0.13 acre (5660 sf) for stormwater management (AUAR Table 17 -5). The specific analysis and design for the project includes 4200 sf as infiltration basins. This falls within the broad estimate range and, considering the scale of the site, is comparable to the less broad estimate. The AUAR requires that runoff rates will be at or below pre - development conditions. This is a standard requirement everywhere in the city, enforced on all projects. The AUAR also requires that runoff volume be no more that 150% of pre - development runoff. The proposed design meets this requirement. Archaeological Survey: A Phase 1 archaeological survey was completed for the site and submitted with the project, as required by the AUAR Records include an identified site to the east, but only low density artifact scatter was found on the Wessel site. The survey investigator does not recommend further evaluation. Rare Plant Survey: The AUAR mitigation plan states that due to the incidence of rare plant species in nearby wetland habitats, the City will require rare plant surveys and the mapping of rare plant locations prior to disturbance of areas of certain soil characteristics. The project site includes these soils. A rare plant survey is required and was performed on June 26. Several of the higher quality wetland habitats within the site contain suitable habitats for select rare plant species. However, no state- listed or otherwise rare plant species were detected. Planned Unit Development Section 2, Subd. 10. of the zoning ordinance includes the PUD standards. The zoning ordinance provides for two types of PUD. We have used a rezoning PUD on mixed use projects and others with exceptional design issues such as conservation developments in urbanized areas (with city utilities). We also have a provision for a conditional use permit for a PUD. A rural residential PUD is specifically designated for the conditional use permit PUD option. It is important to review the purpose and intent of a PUD. The following passages are taken from the zoning ordinance Subd. 10. PUD, Planned Unit Development. A. 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 Moon Marsh page 6 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. ... 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. C. Rural Residential Planned Unit Development Requirements. 1. Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for rural (without City water or sanitary sewer) residential conservation subdivision PUD project in order to promote: a. Preservation of productive land for agricultural use. b. Preservation of wildlife habitat and unique natural resources. c. Reduction of negative impacts on the environment. d. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. e. A variety of rural residential lot sizes, configurations, and neighborhoods. Density: Normal density in the Rural land use category is one unit per ten acres. However, the PUD standards allow eight units per forty acres in a subdivision that is served by a community sewer system that is approved by the Minnesota Pollution Control Agency (MPCA). Lets: The lots are clustered to avoid wetland impacts and provide efficient access to the community septic absorption field. The effect is a small neighborhood that is so isolated from the public road it will hardly be visible. • • Moon Marsh page 7 There will be easements that extend 10' around the wetlands. Some adjustments were made to the first layout to increase protection of the conservation areas. The house pads on two lots were revised to provide more use of the yard around the house without encroaching on the easements (L2 B2 and L1 B3). In addition, the western border of Lots 1 & 2, Block 2 were moved eastward., increasing the area within the outlot versus land within the lots. Removing this area from individual lot ownership is one way to help protect the wetland. Water: Each home will have individual wells for water. The wells must meet minimum separations from septic system facilities. This will be addressed with well permits from the MN Dept. of Health. Sewage Treatment: The development uses a sophisticated sewage treatment system that includes both individual treatment and a community mound. Most treatment will occur within the multiple tank- and - treatment facilities on each lot. This allows for monitoring and maintenance of individual lots without interfering with the elements of the system used by all lots. It also minimizes the treatment that is needed in the common mound absorption field. The final design details will be reviewed when the final complete design is submitted, which will be required before any site work begins or the final plat is approved, whichever comes first. Wetlands and Stormwater Management: The Rice Creek Watershed District (RCWD) has approved the delineation of the wetlands on the site and the mitigation plan. The wetland complex to the east of the site, which corresponds with Rick Creek, is DNR protected wetland 740W. Wetland #4 in the southeast corner of the Moon Marsh site is part of this complex. The proposal would fill 4200 sf of wetland along the roads and mitigate this with 4200 sf of new wetland and 4200 sf of public value credits in the form of infiltration basins. The design and implementation must comply with RCWD requirements. total acres wetland acres upland acres Lot 1, Biock 1 2.63 0.48 2.15 Lot 1, Block 2 2.0D 1.13 0.87 Lot 2, Block 2 2.0D 1.24 0.76 Lot 1, Block 3 2.0D 0.90 1.10 Outiot A (septic site) 1.03 0.00 1.03 Outlot B (private road) 2.78 0.32 2.46 Outiot C 2.10 1.31 0.79 Outiot D 6.43 6.20 0.23 Outiot E 3.26 2.52 0.74 E Rondeau Lk Rd ROW to be dedicated 1.05 0.09 0.96 total 25.28 14.19 11.09 There will be easements that extend 10' around the wetlands. Some adjustments were made to the first layout to increase protection of the conservation areas. The house pads on two lots were revised to provide more use of the yard around the house without encroaching on the easements (L2 B2 and L1 B3). In addition, the western border of Lots 1 & 2, Block 2 were moved eastward., increasing the area within the outlot versus land within the lots. Removing this area from individual lot ownership is one way to help protect the wetland. Water: Each home will have individual wells for water. The wells must meet minimum separations from septic system facilities. This will be addressed with well permits from the MN Dept. of Health. Sewage Treatment: The development uses a sophisticated sewage treatment system that includes both individual treatment and a community mound. Most treatment will occur within the multiple tank- and - treatment facilities on each lot. This allows for monitoring and maintenance of individual lots without interfering with the elements of the system used by all lots. It also minimizes the treatment that is needed in the common mound absorption field. The final design details will be reviewed when the final complete design is submitted, which will be required before any site work begins or the final plat is approved, whichever comes first. Wetlands and Stormwater Management: The Rice Creek Watershed District (RCWD) has approved the delineation of the wetlands on the site and the mitigation plan. The wetland complex to the east of the site, which corresponds with Rick Creek, is DNR protected wetland 740W. Wetland #4 in the southeast corner of the Moon Marsh site is part of this complex. The proposal would fill 4200 sf of wetland along the roads and mitigate this with 4200 sf of new wetland and 4200 sf of public value credits in the form of infiltration basins. The design and implementation must comply with RCWD requirements. Moon Marsh page 8 Drainage and utility easements will be established that cover and extend 10' beyond the wetlands, in accordance with City requirements. Conservation easement locations will correspond to these drainage and utility easements. Two infiltration basins are proposed, one on the north side of the site along the road, one on the south side. Floodplain: The FEMA floodplain map shows much of the site within the 100 -year floodplain. The RCWD has determined the 100 -year elevation to be 887.5. Lowest floor elevations are at least two feet above this in accordance with City policy. There will be minor floodplain fill which will be addressed by excavating an area of equal volume to compensate (compensatory storage). Roads, Access, Traffic: The proposal extends the existing driveway on the south part of the site to become a private loop road with another access onto East Rondeau Lake Road. This private road serves all four lots. Because heavy vegetation can block sightlines, a certain area should be cleared where the loop accesses East Rondeau Lake Road. The right of way for the east 33 feet of East Rondeau Lake Road will be dedicated with the plat. The road is an easement now. This will be clarified with the title search that will be necessary for a final plat. The creation of three new residential lots will not create a traffic generation problem. Park Plan and Dedication: The parks plan shows Natural Resource Protection Areas corresponding to the locations of wetlands as revealed by the wetland delineation. These are wetland areas that will be protected by existing wetland law or may be important plant communities. They will be covered by a conservation easement as well as a drainage and utility easement. The Natural Resource Conservation Areas are uplands with- features that have high ecological value. These areas should be examined for the potential for protection. The rare plant survey found no rare species in the uplands on the site, and most of these areas have been disturbed by past use. Park dedication will be cash in the amount of $2075 for each of the three new lots, for a total of $6225. ENVIRONMENTAL BOARD ACTION The Environmental Board reviewed the project on June 271th. Their comments are attached. Overall, the Environmental Board was positive about the project. • • • Moon Marsh page 9 PLANNING & ZONING BOARD The P & Z opened the public hearing on July 11, continued it, and on August 8 voted unanimously to recommend approval of the project with conditions. The conditions are included in Resolution 07 -142.. OPTIONS 1. Approve Resolution 07 -142, which approves the application with conditions. 2. Deny the application. RECOMMENDATION Option 1 This review is based on the following submittals: 1. Preliminary Plat, revised 7/25/07, rec'd July 27, 2007 2. Existing Conditions, 6/1/07, rec'd July 27, 2007 3. Street Plan and Profile, revised 7/24/07, rec'd July 27, 2007 4. Street Cross Sections, 6/1/07, rec'd June 8, 2007 5. Storm Water Pollution Prevention Notes, revised 7/24/07, rec'd July 27, 2007 6. Notes and Details, revised 7/24/07, rec'd July 27, 2007 7. Archaeological Survey Report, November 21, 2006, rec'd January 18, 2007 8. Rare Plant Survey Results Letter From Critical Connections Ecological Services, June 28, 2007 9. Letter from Steven B. Schirmers, S -P Testing, Inc., July 27, 2007, regarding valves in mound system Eo t7 O r E N � E CO O N ti N CO O N 10 C•4 O N ceo O N N O O N Preliminary Plat LOTS /UNITS as of 6/21/07 �r O 2 r N O O) �' N r r co O O r Cr) Cl LD e- N e— r r V N 0 r N CD e— Cr) N CO r O e— N O N N 1-- cn N co N N v CV O r O 10 N CD r Cr) N CO r LC) e— � e— O O CO O e— `a' N N O CD O e— 0 0 e— C1) N N N e— e— L0 103 0 249 r 0 CD L0 O r r) N LO r N O r r if N 10I N CO r Cr) e— in r N OZ NI ti Stoneybrook 2nd Addn Century Farms North • Keefe: prei plat, not final plat Morton (minor subdiv) O 1 to _ C > ( CC Haley Manor (10 new Tots) > O 0 a 11) i 5 Millers Crossroads Lakeview Estates (2 new) 1 Snell (minor subdivision) Pheasant Hills Prea. 13th Justin's Preserve Marshan Estates Rice Creek Church duplex 0 0 Y RI 0 U L J a) �) a) z> C ts < m as -, Highland Meadows East 2nd 1 Marshan Townhomes 2nd Pheasant Hills 12th island West Shadow Ponds 2nd Add Vaughan Addition Angie's Acres (1 new) Marshan Lakeview (2 new) Marshan Meadows U a) C • • • T Cr) ti C) CA t— CD O `Cr O T C'i N CO ti O 1- O T N ti ti CD O N Cr) I0 ti O O N Cr) > cts E a_ ti a) C Q at CD to C U 0 a) C m co O -U C C6 F." its 2 C O 2 0 ti CD O) N O ti TuT C 3 7 O) C • O C13 r— O O o) a) = = o C C C � (V cb Ei2 92 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 07 -142 APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND A PUD DEVELOPMENT PLAN/PRELIMINARY PLAT FOR MOON MARSH WHEREAS, the Lino Lakes City Council makes the following findings: Findings 1. The City has received an application for a Conditional Use Permit (CUP) for a rural residential planned unit development (PUD) and a development stage plan/preliminary plat for the PUD. 2. The site includes approximately 25 acres. 3. The Comprehensive Plan guides the site for Rural land use. The site is not within the existing Metropolitan Urban Service Area or the Stage 1 (pre -2010) growth area or the Stage 2 (2010 -2020) growth area. 4. The Comprehensive Plan includes a policies stating that "density incentives may be considered in conjunction with a rural cluster subdivision that produces permanent open space" and to "promote rural residential clustering as a means of preserving greater amounts of open space or agricultural active lands." 5. To implement these policies, Section 2, Subd. 10 of the zoning ordinance provides for a rural residential PUD with a common septic system to have up to 8 units per 40 acres. This allows for 4 units on 20 acres. Such a PUD can be applied only outside of areas guided for municipal utilities (Stage 1 and Stage 2 growth areas) as identified within the Comprehensive Plan. 6. The Planning & Zoning Board opened the public hearing on July 11, continued it, and on August 8 voted unanimously to recommend approval of the project with conditions. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the application for a Conditional Use Permit (CLIP) for a -rural residential • • • • planned unit development (PUD) and a development stage plan/preliminary plat for the • • PUD for Moon Marsh. BE IT FURTHER RESOLVED that the following conditions of approval shall apply: The following conditions of approval should apply: 1. The onsite sewage treatment system shall comply with all requirements of MN Rules 7080 and all other applicable laws. The final design must be submitted for review and obtain approval prior to site work commencing or final plat approval. 2. A monitoring and maintenance plan for the community sewage treatment system must be prepared and submitted to the City prior to site work commencing or final plat approval. A monitoring and maintenance plan must be kept in place by the property owners at all times and submitted to the City for review upon City request. This requirement shall be recorded against the property. 3. The right of way for the east 33 feet of East Rondeau Lake Road shall be dedicated with the plat. 4. Park dedication shall be paid in accordance with City policy in effect at the time of preliminary plat approval by the City Council. 5. A permit shall be obtained from the Rice Creek Watershed District prior to site work and the project must comply with all permit conditions. 6. Clearing of vegetation for sightline safety at the intersections of the private loop road and East Rondeau Lake Road shall be examined and determined as part of final plans and shall be completed with site work or when the loop road is constructed. Property owners shall ensure the designated area remains clear of vegetation. 7. A conservation easement covering Outlots C, D, and E and parts of Block 2 shall be dedicated to the City. The conservation easement shall provide for the possibility of future ecological restoration work, to be determined by future agreement between property owners and the City. The easement document shall include the requirement for signs delineating the easement. Specifics conditions of the easement shall be listed in an easement document that is executed and submitted to the City prior to approval of the final plat. The easement area shall be protected during site disturbance. 8. Homeowners' association documents shall be submitted for City review prior to final plat approval. The declaration of covenants, restrictions, easements, or other documents must provide for the common ownership, protection, and maintenance of the outlots, private road, community septic system, intersection sight lines, and other elements necessary to the health, safety, and welfare of the general public and the —69— Resolution 07142, page 2 of 3 residents of the project. Homeowners' association documents must include recognition of the conservation easement. 9. The City Engineer's review comments of the August 17 and 20, 2007 memos must be addressed to his satisfaction. Adopted by the Lino Lakes City Council this day of 2007. John J. Bergeson, Mayor AT'1.L;ST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 07 -142, page 3 of 3 —70— • • • • COMPREHENSIVE PLAN PROPOSED LAND USE, (detail) MOON MARSH SITE mozivr 111111111111 -�� COMPREHENSIVE PLAN PROPOSED LAND USE, AUAR BORDER, AND FUTURE ROADS (detail of AUAR Figure 6 -2: Scenario 1) MOON MARSH SITE AUAR STUDY AREA • • • • • • ZONING MAP (detail) MOON MARSH SITE Memo Di sfr %tad et t Co,vtc'r( (3 61—(3.2007 Environmental To: Jeff Smyser From: Marty Asleson Date: June 28, 2007 Re: Environmental Board Recommendations of the June 27, 2007 Environmental Board Meeting The Environmental Board made the following recommendations conceming the Moon Marsh application at the June 27, 2007 Environmental Board Meeting: 1. This development , although not called a "conservation development ", should employ the guidelines of the AUAR. 2. A conservation easement containing no-mow , dumping, cubing, building in, or filling in , and naming the City as the easement holder with the right to perform restoration work in the easement This easement should be written from the wetland edge and cover as much as possible of the area shown in Attachment 10. Signs should be posted on the easement line , describing the easement , every 50 feet 3. SMA's within the AUAR and therefore in Moon Marsh must have: • No more than 20% of their surface as permanent open water, the remaining surface area of each SMA shall contain mesic prairie or wet prairie communities to maximize the infiltration and water quality treatment capacities of the system • Design high water levels (100 -year) less than or equal to 2.5 feet above the normal water level or lowest outlet invert • Side slopes that are less than or equal to 6:1. horizontal to vertical and 10:1 safety bench at the normal water level per RCWD requirements. • Post development runoff release volumes should be no less than 80% and no greater than 150% of existing conditions runoff volumes. These standards must be verified by our City Engineer 4. RCWD CAPROC Items are addressed including and particularily: Geotechnical soil borings at proposed BMP location in order to determine depth to the water table. This is important in that the designer is calling these infiltration ponds. Infiltration ponds designed into the groundwater are not infiltrating anything other than possible contaminants to the ground water. Adequate separation (3 ") must be shown between the pond bottom and the ordinary high ground water. A number of Wetland, Erosion and sediment control, Administrative, findings and stipulations as outlined in the CAPROC Attachment • Page 1 5. there is enough indication that there could be rare plants on part of the property, and the property should be surveyed to verify the presence or absence of rare plants. The area on the Wessel property that would be of concern is indicated on Attachment 10. 6. Suggest placing the buffer of the westem most wetland in Conservation easement since this forms part of the City Greenway system (Attachment 11). New wetlands constructed on the site as well as buffer areas should be planted with the City native seed mix. 7. Rain gardens proposed on the site should be designed with a low maintenance (unless there is agreement with new homeowners to manage something different) Maplewood - type of design. Design of these gardens should be submitted to the city as well as a perpetual maintenance plan. All designed ponds and infiltration features must have at least 3 -feet of sand separation between the ordinary high ground water level and the bottom of the structures. 8. Community drainfield should be approved by Anoka County Environmental 9. It is recommended that a temporary sediment pond be constructed to capture surface water runoff during construction. All proposed infiltration, wetland and rain - garden soils must be protected during construction. Suggest construction of new surface water features after major construction is complete. Features should be constructed with low impact/compaction, track -types of equipment and fenced off prior to construction. All soils determined to be more compact after construction than prior to construction in drainage/ surface water infiltration or management area will be loosed to pre - construction conditions. It is also recommended that all new yard soils have top -soil incorporated into the subsoil and tilled as deeply as possible. No soil may be imported or exported with out City approval. 10.. Recommended changes to the SWPPP are submitted to the City Engineer to make changes to the documents submitted. Changes should include City native seed mix in all final grade stabilization, and installed by a DNR listed contractor. • Page 2 • • • V c s-h (cou. kyte IzSes51, cl i s j,7 D SCR TION OF E IS 1 PROPER"Y: That port of the Northwest Quarter of the Northwest Quarter, Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota, lying South of the North 550 feet thereof and lying easterly of the center lime of East Rondeau Lake Drive as described on o Warranty Deed recorded in Book 555 of Deeds. page 395. Subject to East Rondeau Loke Drive along the west line. Subject to and together with ony other valid easements. restrictions and reservations AND That part of the North 550 feet of the Northwest Ouorter of the Northwest Quarter, Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota, lying easterly of the center line of East Rondeau Loke Drive as described an 0 Warranty Deed recorded in Book 555 of Deeds, page 395. Subject to East Rondeau Loke Drive along the west fine. Sub)ect to and together with any other valid easements, restrictions and reservations. AND The South 320 feet of the North 955 feet of the West 80 feet of the Northeast Quarter of the Northwest Quarter of Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota together with 011 herediitaments and appurtenances belonging thereto. OWNER/DEVELOPER: BRIAN WESSEL 6300 EAST RONDEAU LAKE DRIVE HUGO, MINNESOTA 55038 TOTAL ACRES: 25.28 t Acres NUMBER OF LOTS: 4 NUMBER OF OUTLOTS: 5 2,100 t FEET OF ROAD SURVEYOR, ENGINEER & WETLAND SPECIALIST: HULT & ASSOCIATES, INCJMFRA P.O. BOX 37 FOREST LAKE, MINNESOTA 55025 651- 464 -3130 VERTICAL DATUM: NGVD-1929 ZONING: EXISTING: RURAL PROPOSED: Rural Residential Planned Unit Development MINIMUM BUILDING SETBACKS: FRONT: 25 FEET SIDE 15 FEET WETLAND: 16.5 FEET AREA TABLE LOT DESIGNATION OVERALL AREA: WETLAND AREA: UPLAND AREA: LOT 1, BLOCK 1 114.500 5S. (2.63 AC.) 21.000 S.F. (0.48 AC.) 93,500 S.F. (2.15 AC.) LOT 1, BLOCK 2 65.27B S.F. (1.50 AC.) 28.648 S.F. (0.65 AC.) 36,630 S.F. (0.84 AC.) LOT 2. BLOCK 2 68.283 S.F. (1.57 AC.) 36.194 S.F, (0.83 AC.) 32,089 S.F. (0.74 AC.) LOT 1. BLOCK 3 67.000 S.F. (2.00 AC.) 39.100 S.F. (0.90 AC.) 47.900 S.F. (1.10 AC.) OUTLOT A 45.100 S.F. (1.03 AC.) 0 S.F. (0.00 AC.) 45.10D S.F. (1.03 AC.) - OUTLOT B 121.100 S.F. (2.78 AC.) 13.90D S.F. (0.32 AC.) 107.200 S.F. (2.46 AC.) OUTLET C 91.500 S.F. (2.10 AC.) 56.900 S.F. (1.31 AC.) 34,600 S.F. (0.79 AC.) OUTLOT D 320,718 S.F. (7.36 AC.) 308.219 (7.08 AC.) 12,499 (0.29 AC.) OUTLET E 142.000 S.F. (3.26 AC.) 109.800 S.F. (2.52 AC.) 32.200 S.F, (0.74 AC.) E. RONDEAU LK. DR. R.O.W. 45.900 S.F. (1.05 AC.) 3.800 S.F. (0.09 AC.) 42.100 S.F. (0.96 AC.) TOTAL 1.101,400 S.F. (25.28 AC.) 617.500 S.F. (14.18 AC.) 483.900 S.F. (11.10 AC.) PREYAINEZN#RY PLA? MOON MARSH AT LINO LAKES PART OF THE NW l/4, ', 2, T.31N., R22W., ANOKA CO., MN. SE19e45'17'E- 912.46 -- NORTH LINE NW1 /4 -NW1 /4 i SECTION 2.T.31N..R.22W. 975.1 P.O. Bo: 37 Forest Loke, MN 55025 Phone 651.4643130 Foe 651.464.4622 E -mat huttOmfracom 649* OUTLOT C _ (COVERED BY DRAINAGE 1 ''AND UTILITY EASEMENT) • BBB-, TUX 1 4 A. • AL OUTLOT D (COVERED BY DRAINAGE AND UTILITY EASEMENT) AL WETLAND It (439,900 SF.) (10.1 AC.) ilk RADIUS 250.00 ilk 6.000 SF. t44 Cl..634.11r3C. 4993 r S2, - - 2873 (� WETLAND 13 vt (38.900 SF.) L 1I t; (0.9 AC.) k ` 'IL 1 if4. \-1/441,14414- n 1 ) Eyt '4A'O /+rfvey o \SIB \ \ :: } Mj � L 6D '633 m 2 0 r- -J r � 1 U\1.1,,‘ -tIR!l 1 HULT & ASSOCIATES, INC. Surveyors, Engineers & Wetland Specialists I hereby certify that this survey. pion or report was prepared by me or under my direct supervision and that I an o duly Licensed Land Surveyor under the loss of the State of Minnesota DAZE: 06/04/2007 HILT t ASSOCIATES INC. by DALE F. HEBEISEM. Minnesoto Licensed Land Surveyor REVISED: 07/25/2007 DALE F. HEBEISEN Minn Li. Na 13590 - -T - I 1 1' 1< ilk 294:57. N89'4110'WN ` - -- -FOUND SPIKE A. / D 8. 0 z -rte MM _ i 589'45' rti m 4ft 1503 OUTLOT E (COVERED BY DRAINAGE A. AND UTILITY EASEMENT) WETLAND %4 (132.300 SF.) (3.0 AC.) SOUTH UNE NWI /4- NW1 /4 ---" SECTION 2, T.31R.R.22W f% 490.54 iVc I 0 cn 98. P -1J z EAST LINE NW1 /4- NWI /4.- - SECTION' Q.T.31N.R.22W: 100 GRAPHIC SCALE 0 100 1 INCH 100 FEET 200 DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: II 5 -I I 0 I_ _o _J L5 1 BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, REAR LOT LINES AND PLAT BOUNDARY LINES, AND 5 FEET IN WIDTH AND ADJOINING SIDE LOT LINES, UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT. 1 LEGEND • DENOTES IRON PIPE MONUMENT FOUND DENOTES APPROXIMATE TREE LINE PER AERIAL PHOTO liucl DENOTES WETLAND AREA DELINEATED I , BY HULT & ASSOCIATES. INC. 13ENOTE5 PROPOSED 45FT X 90 FT 115415E/ GARAGE LOCATION VICINITY MAP SEC. 2 T.31N., R.22W. ANOKA COUNTY, MINNESOTA RECEIVED JUL 2 7 2007 CITY OF LINO LAKES i • • • MEMORANDUM September 7, 2007 To: City Council From: Jeff Smyser Subject: Moon Marsh, Agenda Item 6 C Plans and Additional Condition of Approval Item 6 C begins at page 57 of the city council packet for September 10. 1. The attached plans should have been included in the staff report for Moon Marsh: • preliminary plat • existing conditions • street plan and profile (2 sheets) showing proposed grading 2. A condition of approval should be added to Resolution 07 -142 (on page 70 of the packet), as follows: 10. There shall be provisions in the development agreement, homeowners association documents, and/or other appropriate documents to enable the City to step in and effect repairs to the community wastewater treatment facilities if the owner fails to maintain it, and assess the cost to the property owners without challenge by the property owners. This is not intended to give responsibility for maintenance to the City but to allow the City to act in emergency situations. This requirement is intended to protect public health and safety. These provisions shall be executed before work begins on the wastewater facilities. This requirement shall be recorded against the property. DESCRIPTION OF EXISTING PROPERTY: That port of the Northwest Ouarter of the Northwest Ouarter, Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota, lying South of the North 550 feet thereof and lying easterly of the center fine of East Rondeou Lake Drive as descrbed on a Warranty Deed recorded in Book 555 of Deeds, page 395. Subject to East Rondeou Lake Drive along the west line. Subject to and together with any other voiid easements, restrictions and reservations. AND That part of the North 550 feet of the Northwest Ouorter of the Northwest Ouorter, Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota, lying easterly of the center line of East Rondeou Loke Drive as described on a Warranty Deed recorded in Book 555 of Deeds, page 395. Subject to East Rondeou Lake Drive along the west fine. Subpct to and together with any other valid easements, restrictions and reservations. AND The South 320 feet of the North 955 feet of the West 80 feet of the Northeast Quarter of the Northwest Ouorter of Section 2, Township 31 North, Range 22 West, Anoka County, Minnesota together with all hereditaments and appurtenances belonging thereto. OWNER/DEVELOPER: BRIAN WESSEL 8300 EAST RONDEAU LAKE DRIVE HUGO, MINNESOTA 55038 TOTAL ACRES: 25.28 ± Acres NUMBER OF LOTS: 4 NUMBER OF OUTLOTS: 5 2,100 ± FEET OF ROAD SURVEYOR, ENGINEER & WETLAND SPECIALIST: HULT & ASSOCIATES, INCJMFRA P.O. BOX 37 FOREST LAKE, MINNESOTA 55025 651 -464 -3130 VERTICAL DATUM: NGVD -1929 ZONING: EXISTING: RURAL PROPOSED: Rural Residential Planned Unit Development MINIMUM BUILDING SETBACKS: FRONT: 25 FEET SIDE 15 FEET WETLAND: 16.5 FEET AREA TABLE LOT DESIGNATION OVERALL AREA: WETLAND AREA: UPLAND AREA: LOT 1, BLOCK 1 114,50D S.F. (2.63 AC.) 21.000 S.F. (0.48 AC.) 93.500 S.F. (2.15 AC.) LOT 1, BLOCK 2 65,278 S.F. (1.50 AC.) 28.648 S.F. (0.65 AC.) 36.530 S.F. (0.84 AC.) LOT 2. BLOCK 2 68.283 S.F. (1.57 AC.) 36.194 S.F. (0.83 AC.) 32.089 S.F. (0.74 AC,) LOT 1, BLOCK 3 87.000 S.F. (2.00 AC.) 39.100 S.F. (0.90 AC_) 47,900 S.F. (1.10 AC.) OUTLOT A 45,100 S.F. (1.03 AC.) 0 S.F. (0.00 AC.) 45.100 S.F. (1.03 AC.) OUTLOT B 121,100 S.F. (2.78 AC.) 13.900 S.F. (0.32 AC.) 107.200 S.F. (2.46 AC.) OUTLOT C 91.500 S.F. (2.10 AC.) 56,900 S.F. (1.31 AC.) 34,600 S.F. (0.79 AC.) OUTLOT D 320,716 S.F. (7.36 AC.) 308.219 (7.06 AC.) 12,499 (0.29 AC.) OUTLET E 142.000 S.F. (3.26 AC.) 109.800 S.F. (2.52 AC.) 32.200 S.F. (0.74 AC,) E. RONDEAU LK. DR. R.D.W. 45.900 S.F. (1.05 AC.) 3.800 S.F. (0.09 AC.) 42.10D S.F. (0.96 AC,) TOTAL 1.101,400 S.F. (25.28 AC.) 617.500 S.F. (14.18 AC.) 483.900 S.F. (11.10 AC.) PR L WNAUT FLAB' MOON MARSH AT LINO LAKES • 2* '53 PART OF THE NW 1/4, SEC. 2, T31N., R.22W., ANOKA CO., 11N. 589'45'17 T 912.46 ,--- NORTH UNE NW1/4 -NWI /4 SECTION 2.7.3111.4.225. 975* P.D. Bar 37 HULT & ASSOCIATES, INC. Forest Lake, MN 55025 Surveyors, Engineers & Wetland Specialists hereby certify that 458 surrey, pion or report was prepared by me or under my direct supervision and that I am a duly Licensed Lone Surveyor on the loss of the State of Minnesota DATE: 06/04/2007 HULT & ASSOCIATES, INC. by DALE F. HEBEISEN, Minnesota Licensed eased Land Surveyor REVISED: 07/25/2007 Phone: 651.464.3130 Fes 651.464.4622 6-mok: hultOmfracom 649 AL OUTLOT C (COVERED BY DRAINAGE -AND UTILITY EASEMENT) 1 4 WETLAND {3 i-, (34900 SF.) 1 I (0.9 AC.) I -; AL 1 AL T■ \12k Ty �'4ivo,• 44 ae I I I I 10 N T DALE F. HESEISEN Minn Lic No 13590 (COVERED BY DRAINAGE AND UTILITY EASEMENT) 4 - r`yT: E4 4. 1501 0 a C 0 - o 0 Z 1 J // I t 80:et, sar45i'7 __/ OUTLOT E (COVERED BY DRAINAGE AND UTILITY EASEMENT) WETLAND /4 41 (132300 SF.) (3.0 AC.) SOUTH LINE NW1 /4- NW1 /4 - - -. SECTION 2, T.31k.,R.22W 164:07 N89'41'10'W -- -FOUND SPIKE 314 452± 490:54 AL eae EAST UNE 8W1 /4- NW1 /4, SECTION 2,1.311 ..R.225 - 100 UV 1JRTH GRAPHIC SCALE 1 INCH - 100 FEET 200 DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: 5-1 L 5 0 L 1 I BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, REAR LOT LINES AND PLAT BOUNDARY LINES, AND 5 FEET IN WIDTH AND ADJOINING SIDE LOT LINES, UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT. LEGEND • DENOTES IRON PIPE MONUMENT FOUND DENOTES APPROXIMATE TREE LINE � PER AERIAL PHOTO t>a s, DENOTES SETLAND AREA DELINEATED BT HULT & ASSOCIATES, INC DENOTES PROPOSED 45FT X 90 F7 HOUSE/ GARAGE LOCATION VICINITY MAP SEC. 2 T.31N., R.22W. ANOKA COUNTY, MINNESOTA NOT TO SCALE -RECEIVED JUL 2- 7 2007 CITY OF LINO LAKES an: Title Existing Conditions T LAKE DRIVE err l . EAST R�1v�EAU ...�: F .� PTh �` ~ �� v r`Y_�� ° ry,-; -3--1 1- JJ.J✓./J.-6•- fir: ' . 7:4 1 . JJ.J.�.�..-- ,. =,,� r~ N . Y r r� 1 r rkJ" r li 9 #v- (r ✓� a 4P � �`tG \ ~� _ J \ � \ WETLAND #4 (132,300 S.F.) ,-- - r ` t \ \ r � \ 1 1 �„ r `' a :. --r ..l r "4 p _�r_ .� l c -1r o 1 r� iJ�" _ /�z/ "8z 8 L Y` WETLAND #3 P- ' .r \ \ `' ` s (38.900 S F.) � ` / � p r.' � ~�i / MOUND ,{ ~ 0';.— i^ - `�' / I , rte }-�- Y 1) 1F m �-"' j /x�'- - -- / -. .. _ .. f - . - . - .. - -- - - -. . _ ._ — - *`°,,,�f,Y�. ,- .."1`�r3.---- - - mss- - - -- - -- f- — - -- - - / \ / WETLAND (439,900 S.F.) (,, ,J (1 Q.1 AC.) '--?1 , • LEGEND — 888 — EXISTING CONTOUR WETLAND DELINEATION WETLAND ;DO TREELINE D� A,. WETLAND HATCH 25 50 GvJOL -,s�u� 100 20D SCALE IN DECEIVED JUL 2 7 2007 Revisions M. Dote 8y Remarks I hrehy ratify that this plmm mis mewed by me or under my der =l supervision oM Iinat 1 an o duly !sensed Profesion& Enaner under the toys dt the State of Mnneaato. 9onoture Nam e MARL DOLEZAL Dale 6/1/07 License E 42004 Dein:nee 61PD Dram MPD Dote 2/16/07 Checked AparD,ed -II. L T c ASSOCIATES, INC. PC Boz-37 Forest tale., MN 85025 ph: (F.51) 464 -3130 tax: (651} 4644822 emait: hultOmfra_cor; 4- Brain. Waaard SDrciafists Giant Brian Wessel Project Moon Marsh at Lino Lakes Linn Lakin. MN cr C74-2.10 Lfirt_S Sheet NULT FILE N11L 900 890 880 0 25 50 NORTH 100 200 SCALE IN FEET / _ CLEAR CUT TREES AND , BRUSH FOR SIGHT 1 \ PAVE PROPOSED -. l bincOT FOR DISTANCE l \ OF 50 FEET / / ~r 52 LF. 1r RCP - -INV. N. 1384.34 INV. S 684.12 -88B- QD • ti I tom.\ s��o11► to CURVE �+ . .. ` �W 4. + �^� 750 LF. _ CWWW� L RADIUS 250 -F7�. SILT FENCE j WW r - -_4 TOP OF BERN 889.2 - 1 I 44 LF. 15' RCP / E10 INV. N, 987.70 -� / �T INV. S 867.50 \ l \ \ / r�t 10' AND BUFFER _ - (T.FP) - -- _„ / N G CMP CULVERT - REMOVED .‘\ / N / \ N / 700.1 S.F. WETLAND - IMPACTS LEGEND 388— EXISTING CONTOUR WETLAND DELINEATION WETLAND TREELINE CLEAR CUT TREES/BRUSH 10' WETLAND BU -h-R RIP RAP > —K —� STORM SEWER ❑ ❑ SILT FENCE + O / ( N ( / r 200 LF. 6" DRAIN 1 //i \ \ TILE 0 987.0 1 \ \ / 20 LF. 12' 1 \/ CATCH BASIN EP) / HOPE o O.SZ-" / RIM -688.6 (RIP RAP) - F.E.S. BBfi.90 / BBB. sD \ +. 1.--"---' - "� FILTRATION BASIN 1 AREA.2400 S.F. (PVC CREDITS) BOTTOM 886.5. NWL -DRY 100 -YEAR H19L -.886.7 TOP BERM -889.2 49„ f444;,.4_ ( 1 RICE CREEK FL000PLAIN ELEVATION 887.5 0 00z n 0 n m m W 0. a VIETLAND 4 DRAINS DIRECTLY TO RICE CREEK. NOTE: 1. COMPLETE IMPERVIOUS AREA CONSTRUCTION AND STABILIZE PERVIOUS AREAS PRIOR TO INTRODUCTION OF STORMY/ATER INTO THE FILTRATION PRACTICES_ 2 FINAL GRADING OF THE FILTRATION AREAS SHOULD 85 COMPLETED USING LIGHT TRACKED EOUIPTMENT TO AVOID COMPACTION OF THE BASIN FLOOR. 0 m ELEV a 992.B lr RCP CULVERT GROSSING 15' RCP CI LVERT CROSSING S a nm m 0m O A ID 03, m .Jm - m _ 0. .9, w a� 0 o m a m m'w m mm m s sqn m m mn0 60; ai ID m ,, m mo o mm 0 wn0 m m ci -„01 -mm -S17- -.0 , m 02 w d d 0, o ad 0 06 o aj -mm--ID 0+00 D+50 1 +00 1 +50 2 +00 2+50 THE LOCATIONS OF DOSING UNDERGROUND D UTEIIES ARE SNOW N AN APPR070IA1E WAY PCT. THE EXCAVATING CONTRA,^TOR SHALL DE1ER1#NE THE EXACT LOCATEN OF ALL E7OSI1NG U10.IIES BEFORE COMMENCING WOW IL AGREES TO E FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MKafi BE OCCASIONED BY HIS FALURE TO EXACTLYLOCATE AND PRESIRIE ANY AND ALL UNDERGROUND 5111L0iM 3+00 3+50 4+00 NOES: 1. ALL HOPE SHALL BE DUAL WALL 2 PIPE LENGTHS INCLUDE FLARED END SECTIONS 4 +50 5+00 5 +50 6+00 6+50 7 +00 o, Om N ma m gcs m 7+50 8 +00 A 'a w at aoA -r wo a 0 oyel-TD ID (V'IDa., N m ' O T 049, O a0 m_ �w - -_AY m gitw �a ._- ..m m. •m —SID m m m m m m 'Dim m m m m 6+50 9+00 9+50 10+00 10+50 11 +00 11 +50 12 +00 900 890 880 RECEIVED_ JUL 2 7 2007 CITY H OF LINO LAKEE Revisions Na Dote By Remarks 1 2/16/07/ 2 E/1/m 3 A@4/07 IFD PER Ott CEMENTS ITS !PER OTT COWENE K1S PER OTT COMMIS I hereby- certly Mot the pion .os prepared by me ar uvular my drat supervision and -Mal 1 an is Asir Licensee Professiond Engineer under 1he Imes of the Slate of Minnesota Sianatrae Name MARC DOLEZAL Date 2/16/07 License 42004 Desio s:1 ins Drown 1RK Dote 10/4/06 Cheek en Aoproved HULT & ASSOCIATES, INC. —8s PO Box 37 Forest Lake, MN-556026 ph: (651) 464 -3130 fax: (651) 464 -4822 emaft: hulterdra.com + Wetland SnenaRos C(lent Brian Wessel Prince! Moon Marsh at Lino Lakes Lints Lams, MN Sheet me Street Plan and Profile 0 +00 to 12 +00 Sheet •IIi T FOF MR. • (W7 6 900 89.0 880 WETLAND 3 DRAINS DIRECTLY 70 RICE mirk Alf. .111, 4,200 S.F. _ WETLAND REPLACEMENT _ (SEE DETAIL) DT NY. 888.0 -- SUMP 885.0 ; /FILTRATION EtAiTI .t5 .3\ D R5) A EA..4.000 i: / BOTTOM =987.5, NWL=DRY-11-, 100 -YEAR HAIL /A889.8 / TOP BERM =890.0 z/0 LF. 5 DR - \1 (TILE 0 887.5 <. !-' CLEAR CUT TREES ATDL BRUSH FOR SIGHT NOTE 1. COMPLETE IMPERVIOUS AREA CONSTRUCTION AND STABILIZE PERVIOUS AREAS PRIOR TO INTRODUCTION OF STORMWATER INTO THE FILTRATION PRACTICES. 2. FINAL GRADING OF THE FILTRATION AREAS SHOULD BE COMPLETED USING UG1iT TRACKED EOUIPTMENT TO AVOID COMPACTION OF THE BASIN FLOOR . \ ti;^r PAYE"PROPOSED • V .411, STREET FOR EEDISTANCE"-, 44 LF. 15• Rt OF 5OIFET i- ,-4,. "-INV. N. 886.9-d-' /4_ INV. S 886.Z' rte• 1 1_650 LF. SILT FENCE 44 LF. t5 RCP- /NV. S. 888.70 INV. N. 888.50 air, 1 it II II O ry V 6 r' air. RICE CREEK FLOOISPLAIN `I.J ELEVATION = 867.5 �•_.• ODOR 00 m H 6 WETLAND'` #1 (382,970 5.F.) `NWL (DRY) HWL 887.6 L PC1+ - r�'rn -H / 'DRAINAGE, t U11UTV '- EASEMENT \ Tr • S. - -0.502 ry • 15 RCP: CULVERT tt 1iC RGP CULVERT CROSSING 0 25 50 100 200 SCALE IN FEET LEGEND —888— EXISTING CONTOUR WETLAND DELINEATION .I f. WETLAND D 0 TREELINE CLEAR CUT TREES/BRUSH 1Q' WETLAND BUFFER RIP RAP STORM SEWER SILT FENCE A m n N CD cilD OD 0 IOC Le m_ • M CD • m m ry 0 ori cc; m m m m m® 0 m 20+50 20+00 19+50 TIE LOCA11OIS CF DUSTING UNDERGROLAV UTD.fTES ARE SHOWN N AN APPROOMA1E WAY ONLY. THE EXCAVATING CONTRACTOR SHAIA DE1ERMW€ WE EXACT LOCATOR OF ALL EWS ING UTIU7S BEFORE CDMIENCDNG WOE . HE AGREES TO BE FULLY 12E7ON9®LE FOR ANY Are ALL DAUAGES T6e04 MIGHT BE 0CCA90NEr BY 216 FAILURE TD EXACTLY L=ATE AND RESERVE ANT AND ALL UNDERGROUND UT.mrS o °n m n :Ito M arr. A I m mm m.0 19+00 18+50 n m A m o m AO m ry ° m dIm m m m 55 ° ro - ''m 40 -' -qm- a O • n m d m m 18+00 17 +50 1401E51 1. ALL HOPE SHALL BE DUAL WALL 2 PIPE LEND-INS N 11)1)0 FLAKE END SECTIONS 17 +00 16+50 16 +00 900 890 880 Ot � O m 0- m m m° -m—m m,,., O �. d ry d 4 d ° a m- m Cs- nqo. -ra mm m 8'm m Mo " mm m m - • 15+00 14 +50 14 +00 13+50 13+00 12 +50 12+00 Revisions Na Date By Remarks 2/16/07 6/107 7/74/07 APO K15 KTc PER OTT L1s9ENTE PER OTT RLEN19 PER 01Y =NEWTS I hereby certify that this pion eras prepared by me ar under my direct supervision wId that I om o o iy Licensed Prolessiond Emyleer under the foes of the Slate of Minnesota_ Sonature Name MATE DOLEZAL Date 2/16/07 Lim j 42004 Desioned IRK Droam 1RK Date 10/4/06 O erdred Approved HLI 1 & ASSOCL4 . ES, LNC. Surveyors + PO Box 37 Forest Lake, MN 55025 ph: (651) 464-3130 fax: (651) 464 -4822 emalt: hultg0rtra.eom Enumeers + wetland Specialists Client Brian Wessel hoiect Moon Marsh at Lino tikes Lino Lakes, MN Sheet Street Plan and Profile 12»-00 to 20+84 R ECU IVED halt 2007 CiT'r' OF LINILAEQS JUL 2 7 NIIr T FII F ND • fD1798 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6D Michael Grochala September 10, 2007 Resolution No. 07 -143, Approving Change Order No. 3, Lake Drive /35W Improvement Project ii. Resolution No. 07 -144, Approving Change Order No. 4, Lake Drive /35W Improvement Project iii. Resolution No. 07 -145, Approving Change Order No. 5, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. Construction is underway with paving of the northbound lanes anticipated the week of the 10th. The northbound center pier of the bridge has been completed and the northeast and southeast bridge abutments are anticipated to be completed within the next month. Change Order No. 3. Due to a delay in the award and approval of the contract the date for placement of the bridge concrete wearing course was pushed back beyond the Mn /DOT required placement date of October 1St. In order to remain on schedule Mn /DOT recommended a full depth deck pour using a different concrete mix. The net amount of the change order is $20,041.88. Change Order No. 4 is a deduct for concrete materials that failed to meet specifications. Mn /DOT Concrete Office has determined that the material can remain in place at a reduced price. The change order represents a credit in the amount of $869.00. Change Order No. 5. In August the City approved Change Order No. 2 eliminating the majority of the concrete median islands with a irrigated landscape system. The change order reduced the quantity for four inch concrete walk from 23,758 square feet to a balance of 4,680 square feet. The contract with Lunda Construction includes a provision that allows for an adjustment to a unit price for contract items that underrun less than 75% of the contract bid quantity. Accordingly the contractor has requested a modification of the 4 inch concrete walk unit price from $2.25 s.f. to $2.64 s.f. The total • amount of Change Order No. 5 is $1,825.20. RECOMMENDATION: Staff is recommending approval of Resolution No. 07 -143 through No. 07 -145. ATTACHMENTS 1. Resolution No. 07 -143 2. Resolution No. 07 -144 3. Resolution No. 07 -145 4. Change Order No. 3 5. Change Order No. 4 6. Change Order No. 5 -75- • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -118 RESOLUTION APPROVING CHANGE ORDER NO. 3 LAKE DRIVE /135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunde Construction Company, and WHEREAS, a delay of the Award and Approval for S.P. 0280 -55, has pushed back the concrete werarring course of placement according to the Contractors original schedule submittal beyond the Mn /DOT Standard Specification 2403.A placement date of October 1st, and WHEREAS, to remain on schedule as planned, the Project Engineer with the concurrence of the Mn /DOT Bridge Office will all the Contractor to cast Bridge No. 02817 stage 1 deck to its full deck thickness of nine inches using a concrete mix design 3Y43 HFWC and eliminating the concrete weraring course in stage 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO • LAKES, MINNESOTA: 1. Change Order No.3, in the amount of $20,041.88, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -144 RESOLUTION APPROVING CHANGE ORDER NO. 4 LAKE DRIVE/135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, the aggregate test reports and material disposition forms compiled by Mn /DOT indicate that on July 10, 2007 the coarse aggregate for ready -mix concrete failed to meet the gradation requirements for Mn /DOT Specification 3137 CA -50, and WHEREAS, upon recommendation of the Mn /DOT Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.4, deducting the amount of $869.00, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES • • • • RESOLUTION NO. 07 -145 RESOLUTION APPROVING CHANGE ORDER NO. 5 LAKE DRIVE /135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, with the City's approval of Change Order No. 2, the median construction on C.S.A.H. 23 is eliminating the four (4) inch concrete walk and replacing it with an irrigated landscape system, and WHEREAS, Change Order No. 2 reduced the quantity of four (4) inch concrete walk by 23,758 square feet leaving a quantity balance of 4,680 square feet, and WHEREAS, The Contractor has requested a modification of the Contract Bid Price in accordance with Mn /DOT Specification 1903 for contract items that underun Tess than 75% of the contract bid quantity and the Engineer has determined that this request is justified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.5, in the amount of $1,825.20, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of September, 2007 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Mn/DOT TP- 2464 - 0112 -92) State of Minnesota - Department of Transportation CHANGE ORDER # 3 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 SHEET 1 OF 2 SHEETS State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. Due to a four week delay of the Award and Approval for S.P. 0280 -55, has pushed back the concrete wearing course date of placement according to the Contractors original schedule submittal beyond the Mn/DOT Standard Specification 2403.A placement date of October 1 t. To remain on schedule as planned, the Project Engineer with the concurrence of the Mn/DOT Bridge Office will allow the Contractor to cast Bridge No. 02817 stage 1 deck to its full deck thickness of nine inches using a concrete mix design 3Y43 HFWC and eliminating the concrete wearing course in stage 1. This Change Order directs the Contractor to furnish all equipment, materials and labor necessary to construct the above stated full depth deck pour. All work will be performed in accordance with the pertinent portions of the Special Provisions, Mn/DOT Standard Specifications, Mn/DOT Standard Plates and as directed by the Engineer. Payment to the Contractor for this work will be at the negotiated prices, as shown below in the Estimate of Cost. ESTIMATE OF COST Decrease - Neeotiated Items Item No. Description 2404.501 Conc. Wearing Course Stage I Unit Quantity Unit Price Amount Sq.Ft. 10,411 -$2.00 _ - 520.822.00 Subtotal Decrease - 520,822.00 Increase - Nenotiated Items Item No. Description Unit Quantity Unit Price Amount Full Depth 9" Deck Pour LS 1 $40,863.88 540.863.88 3Y43 HFWC Stage 1 Subtotal Increase $40,863.88 Total Increase $20,041.88 Distribution: S.P. 0280 -55 Group 05 — 100% • • • Mn/DOT TP- 2460 - 0112 -92) SHEET 2 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 3 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Contract No. Z07502 Location: In. Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. CHANGE N CONTRACT TIME Due to this change the Contract Time: a_ Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days b. Is not changed (X ) c. May be revised if the work affected the controlling operation ( ) Issued By: Project/Resident/County Engineer Date Approved By: City of Lino Lakes Date Approved By: Anoka County Date Accepted By: Contractor's Authorized Representative Date Original to Project Engineer, copies to Contractor, City of Lino Lakes, Anoka County Mn/DOT TP- 2460 -01 12 -92) State of Minnesota - Department of Transportation CHANGE ORDER # 4 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 SHEET 1 OF 1 SHEETS State Project No.: 0280 -55 Contract No. Z07502 • Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. The aggregate test reports and material disposition forms compiled by Mn/DOT indicate that on 7 -10 -07 the coarse aggregate for ready -mix concrete supplied by Cemstone Plant #7 & 17 Blaine failed to meet the gradation requirements for Mn/DOT Specification 3137 CA -50. This concrete was used for Br #02817 Stage I Pier Ftg. Upon recommendation of the Concrete Office, the concrete contRining the deficient material will be allowed to remain in place at a reduced price. The dollar amount to be deducted from the Contractor's project payable monies is computed as shown below in the Estimate of Costs. Decrease - Group No. #5 @ 100% Description Estimate of Costs • Unit Quantity Unit Price Amount Deduct for Failing Gradation CY 39.5 - $22.00 - $869.00 Lab. No. 90C Total Credit this Change Order - $869.00 CHANGE N CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Issued By: Is decreased ( ) by Working Days Project/Resident/County Engineer Date Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days Approved By: City of Lino Lakes Date b. Is not changed (X ) c. May be revised if the work affected the controlling operation ( ) Approved By: Anoka County Date Accepted By: Contractor's Authorized Representative Date Original to Project Engineer; copies to Contactor, City -of Lino Lakes, Anoka County • • • Mn/DOT TP -2460- 0112 -92) SHEET 1 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 5 State Project No.: 0280 -55 Contract No. Z07502 Contractor. Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. This Contract provides for, among other things, Grading, Bituminous Pavement, Drainage, Bridge No. 02817, Curb and Gutter, Striping and Traffic Signals This Contract further provides for, Four (4) inch concrete walk. At the request of the City of Lino Lakes, the median construction on C.S.A.H. 23 is eliminating the four (4) inch concrete walk and replacing it with an irrigated landscape system. Change Order No. 2 reduced the quantity of this item by 23,758 square feet leaving a gwintity balance of 4,680 square feet. The Contractor has requested a modification of the Contract Bid Price in accordance with Mn/DOT Specification 1903 for contract items that underrun less than 75% of the contract bid quantity and the Engineer has determined that this request is justified. Now, therefore it is mutually agreed and understood that: The unit price for item 2521.501 (four inch concrete walk) is hereby mortified for the remaining quantities needed. Contract time will not be revised except as may be provided in Mn/DOT Specification 1806. The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses that he may have incurred or that may be hereafter incurred in ptiforming the work and furnishing the materials required by this Agreement. ESTIMATE OF COST Item No. Item Unit Unit Price Quantity Amount Decrease item: 2521.501 4" concrete walk Sq. Ft. -$2.25 4680 - $10,530.00 Increase Item: 2521.501 4" concrete walk Sq.Ft. $2.64 4680 $12,355.20 Distribution: S.P. 0280 -55 Group 01 — 100% Total Increase this Change Order $1,825.20 Mn/DOT TP- 2460-0112 -92) State of Minnesota - Department of Transportation CHANGE ORDER # 5 State Project No.: 0280 -55 Contract No. Z07502 Contractor: Lundy Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 SHEET 2OF 2 SHEETS• Location. In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Issued By. Is decreased ( ) by Working Days Project/Resident/ Is increased () by Calendar Days Is decreased () by Calendar Days b. Is not changed (X ) c. May be revised if the work affected the controlling operation ( ) Approved By: ngmeer City of Lino Lakes Approved By Anoka County Date Date Date Accepted By L 21 _ e -Z 07 Contractor's Authorized Representative Date Original to Project Engineer, copies to Contractor, City of Lino Lakes, Anoka County •