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HomeMy WebLinkAbout02/10/2003 Council Packet• WORK SESSION AGENDA CITY OF LINO LAKES Wednesday February 5, 2003 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Request for letter of recommendation for drama festival, Ann Blair 2. Discuss Elm Street and 621'd Street Reconstruction, Michael Grochala 3. 62nd Street Improvement Project- Comprehensive Plan Amendment, Michael Grochala 4. NPDES Permit — Storm Water Pollution Prevention Plan, Michael Grochala, Jim Jacques (TKDA) • 5. Bill's Rental, CUP request, Bill Gshwind 6. Discuss Elm Street Improvements and Assessments, John Landers 7. Update of Eaglebrook Church EAW, Jeff Smyser 8. Cable TV Facility, Dan Tesch 9. Council Email, Dan Tesch 10. Regular Agenda Items Adjourn Revised 02/05/03 ajb 3:30 p.m. • PAGE 1 • AGENDA CITY OF LINO LAKES Monday February 10, 2003 Council Chambers 6:30 P.M. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda — A) Consideration of Expenditures: i) February 10, 2003 (Check No. 67352 through 67430 in the amount of $220,655.87). ii) Centennial Fire District (Check No. 13622 through 13647 in the amount of $20,156.96). B) Consider Resolution No. 03 -15, approving premises permit renewal application for Centennial Youth Hockey Association to conduct lawful gambling at Shirley Kaye's 2. Open Mike A) Lino Lakes History Project 3. Finance Department Report, Al Rolek No Report 4. Administration Department Report, Dan Tesch A) Recognize Outgoing Advisory Board Members, Swear In New Advisory Board Members and Approve Other Appointments B) North Metro Cable Commission Joint Powers Amendment C) Resolution 03 -23, Authorizing Contracts for Mold Remediation and Project Monitoring and Management at Civic Complex 5. Public Safety Department Report, Dave Pecchia A) Consider Renewal of the Animal Control Contract to Otter Lake Animal Care Center Page 1 • • AGENDA 6. Public Services Department Report, Rick DeGardner A) Consideration of Resolution 03 -21, Approving Quitclaim Deed for Trail Easement, Outlot A, Pheasant Hills Preserve 4th Addition B) Consideration of Resolution 03 -22, Approving Site Plan Agreement with Centennial School District #12 7. Community Development Department Report, Michael Grochala A. Consideration of Resolution 03 -16 Adopting Storm Water Pollution Prevention Plan, Michael Grochala, Jim Jacques (TKDA) B. Consider 2nd Reading of Ordinance No. 03 -03 , Vacating Drainage and Utility Easements, Lot 2, Block 2 Pheasant Hills Preserve 4th Addition, Tanda Gretz C. Consider 2 ❑d Reading of Ordinance No. 04 -03, Adopting Subdivision Regulations, Jeff Smyser D. Consideration of Resolution No. 03 -17, Denying Minor Subdivision in NE '/ of NE 'A Sec. 9 (SSR & W, Willard Morton), Jeff Smyser E. Consideration of Resolution No. 03 -18, Authorizing Final Payment, 2001 Wear Course Improvement Project, Jim Studenski F. Consideration of Resolution No. 03 -19, Authorizing Execution of Anoka County Solid Waste Agreement, Michael Grochala G. Consideration of Resolution No. 03 -20, Receive Petition and Authorizing Lois Lane Utility Improvement Feasibility Report, Jim Studenski 8. Unfinished Business 9. New Business 10. Community Calendar, February 11, 2003 through February 24, 2003: A) Planning & Zoning Board Meeting, Wednesday, February 12, 2003, 6:30 p.m. B) City Hall Closed in Observance of President's Day, February 17, 2003 C) Council Work Session, Wednesday, February 19, 2003, 5:30 p.m. D) City Council Meeting, Monday, February 24, 2002, 6:30 p.m. 11. Adjourn Revised mmg 01/31/03 9:12 a.m. Page 2 • EXPENDITURES FEBRUARY 10, 2003 Date: 01/30/2003 Time: 13:00:16 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 2908 - 2908 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000021 RAMSEY POLICE DEPARTMENT 1 90.00 90.00 .00 .00 000040 A T & T 1 183.73 183.73 .00 .00 000110 A T & T WIRELESS 1 628.37 628.37 .00 .00 000329 ROLEX, ALAN 1 402.51 402.51 .00 .00 001298 DEGARDNER, RICK 1 43.34 43.34 .00 .00 001935 BORDSEN, KELLY 1 80.00 80.00 .00 .00 001940 K.E.E.P.R.S., INC. 1 109.88 109.88 .00 .00 001956 PRIMEDIA WORKPLACE LEARNING 1 458.00 458.00 .00 .00 001963 FOBAIRE, JACK 1 168.03 168.03 .00 .00 003451 PERA /REGULAR 1 16,803.69 16,803.69 .00 .00 900528 MN DEPT PUBLIC SAFETY /EMERGENCY MGT 1 150.00 150.00 .00 .00 • Grand Totals: 11 19,117.55 19,117.55 .00 .00* • Date: 01/30/2003 Time: 12:59:36 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2907 - 2907 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal 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 000370 CENTRAL COMMUINICATIONS 2 1,341.00 1,341.00 .00 .00 000528 QWEST 1 46.93 46.93 .00 .00 000888 JOHNSON, RICK 1 180.00 180.00 .00 .00 000894 FAIRVIEW CLINIC 1 5,315.00 5,315.00 .00 .00 000984 CONTRACT HARDWARE 1 2,028.00 2,028.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 4,541.06 4,541.06 .00 .00 001194 HYMARK ELECTRIC, INC. 1 172.00 172.00 .00 .00 001255 CY'S UNIFORMS, INC. 1 319.77 319.77 .00 .00 001298 DEGARDNER, RICK 1 37.98 37.98 .00 .00 001525 FOGERTY LLBC 2,3,4 1 19,746.00 19,746.00 .00 .00 001600 GALL'S INC. 1 25.10 25.10 .00 .00 11100 HAMMES, WILLIAM 1 1,655.13 1,655.13 .00 .00 001879 ANOKA COUNTY TREASURER 1 10,746.00 10,746.00 .00 .00 001883 NORTHERN WHOLESALE 1 9,399.00 9,399.00 .00 .00 001887 STIEN, CHRISTINE 1 48.00 48.00 .00 .00 001920 SUN TURF 1 189.94 189.94 .00 .00 001933 WEST, TIMOTHY 1 368.00 368.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 985.79 985.79 .00 .00 900569 COTTAGE HOMESTEADS OF WILLOW PONDS 1 2,661.00 2,661.00 .00 .00 Grand Totals: 20 59,805.70 59,805.70 .00 .00* • Date: 02/04/2003 Time: 09:08:21 Ranges: Vendor #: (A) • invoice #: (A) Entry Journal #: (R) 2922 - 2922 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal 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 000158 ALL STAR SPORTS, INC. 1 278.76 278.76 .00 .00 000421 ANOKA COUNTY TREASURER 1 3,192.00 3,192.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 342.20 342.20 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 2 2,939.25 2,939.25 .00 .00 Grand Totals: 5 6,752.21 6,752.21 .00 .00* • Date: 02/04/2003 Time: 09:08:36 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 2923 - 2923 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal 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 000111 GLEWWE DOORS, INC. 1 23.43 23.43 .00 .00 000158 ALL STAR SPORTS, INC. 2 5,456.96 5,456.96 .00 .00 000190 INTERSTATE ALL BATTERY CENTER, INC. 1 61.60 61.60 .00 .00 000262 MITEL COMMUNICATIONS SOLUTIONS, INC. 1 360.00 360.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 84.70 84.70 .00 .00 000370 CENTRAL COMMUINICATIONS 1 5.57 5.57 .00 .00 000502 D. THOMAS JEWELRY 1 25.00 25.00 .00 .00 000549 HASTINGS, CITY OF 1 30.00 30.00 .00 .00 000617 MICRO WAREHOUSE, INC. 1 51.70 51.70 .00 .00 000724 BLUE TOW SERVICE, INC. 2 140.00 140.00 .00 .00 000748 INDEPENDENT OFFICIALS 1 884.00 884.00 .00 .00 11110 BOYER TRUCKS, INC. 2 123.22 123.22 .00 .00 000946 C. P. OFFICE PRODUCTS 4 1,266.09 1,266.09 .00 .00 001000 CATCO PARTS, INC. 2 91.57 91.57 .00 .00 001100 CIRCLE PINES POST OFFICE 1 457.60 457.60 .00 .00 001208 COPY EQUIPMENT, INC. 1 147.67 147.67 .00 .00 001222 ENCOMM MIDWEST, LLC 1 26,904.00 26,904.00 .00 .00 001270 DALCO, INC. 1 260.28 260.28 .00 .00 001278 DNR WATERS 1 1,580.80 1,580.80 .00 .00 001292 DEHN OIL COMPANY, INC. 1 2,742.74 2,742.74 .00 .00 001350 E. G. RUD & SONS, INC. 1 968.95 968.95 .00 .00 001396 INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, 1 585.25 585.25 .00 .00 • Date: 02/04/2003 Time: 09:08:37 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount (or # Name # of items Net Gross Discount Lost 001455 FBI NORTHWEST CHAPTER /FBINAA 1 60.00 60.00 .00 .00 001608 GENERAL OFFICE PRODUCTS COMPANY /INC 1 220.00 220.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 2 1,509.58 1,509.58 .00 .00 001964 CCP INDUSTRIES 1 172.48 172.48 .00 .00 001968 HEJNY RENTALS, INC. 2 332.79 332.79 .00 .00 001969 NATIONAL CERTIFICATION BOARD 1 35.00 35.00 .00 .00 001973 VIKING OFFICE PRODUCTS 1 40.96 40.96 .00 .00 001982 US LINK 1 2,010.84 2,010.84 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 2,200.00 2,200.00 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 984.22 984.22 .00 .00 002340 IMAGE PRINTING & GRAPHICS 1 419.34 419.34 .00 .00 002550 MENARDS, INC. 3 218.15 218.15 .00 .00 002552 MENARDS, INC. 1 61.58 61.58 .00 .00 002565 METRO ATHLETIC SUPPLY, INC. 1 2,737.80 2,737.80 .00 .00 002900 MN. DEPARTMENT OF SAFETY 1 81.50 81.50 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 95.55 95.55 .00 .00 111132 SHRED -IT, INC. 1 293.04 293.04 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 225.00 225.00 .00 .00 004240 STREICHER'S, INC. 3 1,081.54 1,081.54 .00 .00 004300 SUPERIOR FORD, INC. 3 63,219.00 63,219.00 .00 .00 004562 NATIONAL WATERWORKS, INC. 2 14,156.02 14,156.02 .00 .00 004687 VADNAIS LAKE AREA WATER 1 1,423.00 1,423.00 .00 .00 004840 WINNICK SUPPLY, INC. 1 156.84 156.84 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 207.44 207.44 .00 .00 900524 BURGER, LUANN 1 304.00 304.00 .00 .00 900591 CORPORATE EXPRESS, INC. 2 483.61 483.61 .00 .00 Grand Totals: 67 134,980.41 134,980.41 .00 .00* • Date: 02/04/2003 Time: 10:46:13 Operator: JAL . Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 2911 - 2926 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Options: Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount 67354 ANOKA COUNTY TREASURER 2ND HALF TIF * * * * * * ** 67355 BORDSEN, KELLY REIMBURSE PROGRAM REC * * * * * * ** 67363 FOBAIRE, JACK REIMBURSE INADVERTENT CH * * * * * * ** 67372 PERA /REGULAR PAYROLL WITHHOLDING * * * * * * ** 67373 PRESS PUBLICATIONS, IN ADVERTISING * * * * * * ** 67378 STIEN, CHRISTINE REIMBURSE PROGRAM REC * * * * * * ** 67380 WEST, TIMOTHY REIMBURSE FUNDS * * * * * * ** Total for Dept ** 10,746.00 80.00 168.03 16,803.69 46.88 48.00 368.00 28,260.60* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN ADMINIST 27.33 67373 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 904.53 Total for Dept 402 931.86* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN SENIORS Total for Dept 406 0377 ROLEK, ALAN MEALS /LODGING /SHUTTLE FINANCE Total for Dept 407 67352 A T & T WIRELESS MONTHLY SERVICE /JAN ECONOMIC Total for Dept 415 67373 PRESS PUBLICATIONS, IN ADVERTISING PLANNING 79.52 79.52* 402.51 402.51* 27.33 27.33* 18.75 Total for Dept 416 18.75* 67353 A T & T MONTHLY SERVICE /JAN POLICE 183.73 67352 A T & T WIRELESS MONTHLY SERVICE /JAN POLICE 49.00 67356 CENTRAL COMMUINICATION A T & T SERVICE CHARGE /N POLICE 1,341.00 67360 CY'S UNIFORMS, INC. UNIFORM SUPPLIES POLICE 319.77 67365 GALL'S INC. LENS /CASE POLICE 25.10 67366 HAMMES, WILLIAM REIMBURSE MEALS /DUES /LOD POLICE 1,655.13 67369 K.E.E.P.R.S., INC. SHIRTS POLICE 109.88 67370 MN DEPT PUBLIC SAFETY/ REGISTRATION /DAVE P POLICE 150.00 67374 PRIMEDIA WORKPLACE LEA SEMINAR /MATT V & STEVE W POLICE 458.00 67376 RAMSEY POLICE DEPARTME REGISTRATION /BRANDON Y,B POLICE 90.00 Total for Dept 420 4,381.61* • Date: 02/04/2003 Time: 10:46:13 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 67352 A T & T WIRELESS MONTHLY SERVICE /JAN STREETS 27.33 67368 JOHNSON, RICK DEER REMOVAL STREETS 180.00 Total for Dept 430 207.33* 67357 CIRCLE PINES, CITY OF MONTHLY SERVICE /DECEMBER GOVERNME 4,180.80 67375 QWEST MONTHLY SERVICE /DEC GOVERNME 10.68 Total for Dept 432 4,191.48* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN PARKS 104.21 67357 CIRCLE PINES, CITY OF MONTHLY SERVICE /DECEMBER PARKS 360.26 67361 DEGARDNER, RICK PARK BOARD GOALS PARKS 81.32 67379 SUN TURF BLADE BALANCER PARKS 189.94 Total for Dept 450 735.73* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN RECREATI 163.15 Total for Dept 451 163.15* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN ENVIRONM 27.33 67373 PRESS PUBLICATIONS, IN ADVERTISING ENVIRONM 15.63 Total for Dept 461 42.96* 67352 A T & T WIRELESS MONTHLY SERVICE /JAN WATER 123.17 67367 HYMARK ELECTRIC, INC. INSTALL FLOAT /WELL #1 WATER 172.00 67375 QWEST MONTHLY SERVICE /DEC WATER 36.25 Total for Dept 494 331.42* 67359 COTTAGE HOMESTEADS OF 2ND HALF TIF OTHER 2,661.00 67362 FAIRVIEW CLINIC 2ND HALF TIF OTHER 5,315.00 • Total for Dept 499 7,976.00* 67364 FOGERTY LLBC 2,3,4 2ND HALF TIF FOGARTY 19,746.00 Total for Dept 505 19,746.00* 67371 NORTHERN WHOLESALE 2ND HALF TIF NORTHER 9,399.00 Total for Dept 510 9,399.00* 67358 CONTRACT HARDWARE 2ND HALF TIF CONTRACT 2,028.00 Total for Dept 514 2,028.00* Grand Total 78,923.25* • Date: 02/04/2003 Time: 09:16:44 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 2925 - 2926 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount 0 BLUE TOW SERVICE, INC. TOW * * * * * * ** 140.00 0 MN. DEPARTMENT OF SAFE LICENSE TABS * * * * * * ** 16.50 O PRESS PUBLICATIONS, IN ADVERTISING * * * * * * ** 280.29 Total for Dept ** 436.79* O LARSON ALLEN WEISHAIR BILLING FOR AUDIT PROGRAM 44.00 Total for Dept 200 44.00* O ALL STAR SPORTS, INC. ATHLETIC SUPPLIES ADULT SP 5,049.89 0 INDEPENDENT OFFICIALS BASKETBALL GAMES ADULT SP 884.00 O METRO ATHLETIC SUPPLY, SOFTBALLS ADULT SP 2,737.80 Total for Dept 202 8,671.69* 0 ALL STAR SPORTS, INC. ATHLETIC SUPPLIES OTHER 146.90 • Total for Dept 204 146.90* O ALL STAR SPORTS, INC. ATHLETIC SUPPLIES YOUTH IN 134.17 67382 M BURGER, LUANN DANCE CLASS YOUTH IN 304.00 Total for Dept 207 438.17* O D. THOMAS JEWELRY STONE /PIN MAYOR /CO 25.00 0 VADNAIS LAKE AREA WATE '03 BUDGET MAYOR /CO 1,423.00 Total for Dept 401 1,448.00* O HASTINGS, CITY OF MEMBERSHIP /DAN T ADMINIST 30.00 O PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 65.63 Total for Dept 402 95.63* O PRESS PUBLICATIONS, IN ADVERTISING ELECTION 15.63 Total for Dept 403 15.63* O LARSON ALLEN WEISHAIR BILLING FOR AUDIT FINANCE 880.00 Total for Dept 407 880.00* O E. G. RUD & SONS, INC. MEETING /SETUP /RESEARCH /C ECONOMIC 968.95 Total for Dept 415 968.95* • Date: 02/04/2003 Time: 09:16:44 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount • O PRESS PUBLICATIONS, IN ADVERTISING PLANNING 18.75 Total for Dept 416 18.75* O C. P. OFFICE PRODUCTS OFFICE SUPPLIES POLICE 738.25 O CENTRAL COMMUINICATION VEHICLE MODEMS /FEB POLICE 5.57 O CORPORATE EXPRESS, INC OFFICE SET -UP POLICE 411.52 O FBI NORTHWEST CHAPTER/ MEMBERSHIP /STEVE M POLICE 60.00 O GENERAL OFFICE PRODUCT DESIGN CHARGE POLICE 220.00 0 IMAGE PRINTING & GRAPH PRINTING SERVICE POLICE 419.34 0 MN. DEPARTMENT OF SAFE LICENSE TABS POLICE 35.50 O SHRED -IT, INC. DESTROY MATERIAL POLICE 54.95 O STREICHER'S, INC. UNIFORM SUPPLIES POLICE 1,081.54 0 SUPERIOR FORD, INC. FORD /CROWN VICTORIA POLICE 63,219.00 Total for Dept 420 66,245.67* O CCP INDUSTRIES SPARKPLUGS /EARPLUGS /WIPE STREETS 35.74 O HUGO FEED MILL & ELEVA BOOTS /CHAPS /HELMET STREETS 852.00 O MENARDS, INC. ROLLER COVER /BLADE /HOOKS STREETS 79.04 O WINNICK SUPPLY, INC. BACKFLOW PREVENTOR /GRIND STREETS 124.14 Total for Dept 430 1,090.92* O BOYER TRUCKS, INC. ANTIFREEZE FLEET 123.22 O CATCO PARTS, INC. FITTING /HOSE FLEET 91.57 O CCP INDUSTRIES SPARKPLUGS /EARPLUGS /WIPE FLEET 136.74 O DEHN OIL COMPANY, INC. GASOHOL FLEET 2,742.74 O HUGO FEED MILL & ELEVA FILTER FLEET 8.25 O INTERSTATE ALL BATTERY BATTERIES FLEET 61.60 0 MN. DEPARTMENT OF SAFE LICENSE TABS FLEET 29.50 0 WINNICK SUPPLY, INC. BACKFLOW PREVENTOR /GRIND FLEET 32.70 Total for Dept 431 3,226.32* O C. P. OFFICE PRODUCTS OFFICE SUPPLIES GOVERNME 527.84 O COPY EQUIPMENT, INC. BLUELINE SUPPLIES GOVERNME 147.67 0 CORPORATE EXPRESS, INC OFFICE SUPPLIES GOVERNME 72.09 O DALCO, INC. JANITORIAL SUPPLIES GOVERNME 260.28 O GLEWWE DOORS, INC. KEYS GOVERNME 23.43 O INSTITUTE FOR ENVIRONM LAB SAMPLES GOVERNME 585.25 O LAKESIDE AUTO & PAINT, REPAIR /REFINISH #355 GOVERNME 984.22 O MICRO WAREHOUSE, INC. FUSER OIL /TONER BOTTLE GOVERNME 51.70 0 MITEL COMMUNICATIONS S SUPERSET GOVERNME 360.00 0 PRESS PUBLICATIONS, IN ADVERTISING GOVERNME 38.70 O SHRED -IT, INC. DESTROY MATERIAL GOVERNME 238.09 O US LINK MONTHLY SERVICE /JAN GOVERNME 2,010.84 0 VIKING OFFICE PRODUCTS OFFICE SUPPLIES GOVERNME 40.96 Total for Dept 432 5,341.07* 0 ALL STAR SPORTS, INC. ATHLETIC SUPPLIES PARKS 57.00 O HEJNY RENTALS, INC. MACHINE RENTAL PARKS 332.79 0 HUGO FEED MILL & ELEVA BOOTS /CHAPS /HELMET PARKS 234.30 0 MENARDS, INC. SURGE PROTECTOR /ADH REMO PARKS 200.69 Date: 02/04/2003 Time: 09:16:44 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills III ck # Vendor Alpha Name Description Dept Amount O TBS OFFICE AUTOMATIONS BILLING /PANASONIC COPIER PARKS 72.60 Total for Dept 450 897.38* 0 ALL STAR SPORTS, INC. ATHLETIC SUPPLIES RECREATI 278.76 O NATIONAL CERTIFICATION CERTIFICATION APPLICATIO RECREATI 35.00 O TBS OFFICE AUTOMATIONS BILLING /PANASONIC COPIER RECREATI 134.84 Total for Dept 451 448.60* O HUGO FEED MILL & ELEVA BOOTS /CHAPS /HELMET ENVIRONM 143.78 Total for Dept 461 143.78* O SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 225.00 Total for Dept 462 225.00* O ANOKA COUNTY TREASURER VIBRATORY PLOW RENTAL /MA FORESTRY 3,192.00 Total for Dept 463 3,192.00* 0 ALL STAR SPORTS, INC. ATHLETIC SUPPLIES WATER 69.00 67381 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE WATER 228.80 0 DNR WATERS PERMITTED VOLUMN OF WATE WATER 1,580.80 O INSTRUMENTAL RESEARCH, WATER SAMPLES WATER 84.70 0 LARSON ALLEN WEISHAIR BILLING FOR AUDIT WATER 220.00 O NATIONAL WATERWORKS, I TRANSCEIVER UNITS WATER 14,156.02 Total for Dept 494 16,339.32* 67381 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 228.80 O HUGO FEED MILL & ELEVA BOOTS /CHAPS /HELMET SEWER 271.25 0 LARSON ALLEN WEISHAIR BILLING FOR AUDIT SEWER 220.00 Total for Dept 495 720.05* 0 ENCOMM MIDWEST, LLC CONTRACTOR /CLEARWATER BO OTHER 26,904.00 O LARSON ALLEN WEISHAIR BILLING FOR AUDIT OTHER 836.00 O PRESS PUBLICATIONS, IN ADVERTISING OTHER 18.75 O SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICES /DE OTHER 2,939.25 Total for Dept 499 30,698.00* Grand Total 141,732.62* • • • Centennial Fire District Check Register 2/5/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 2/4/2003 13622 2/4/2003 13623 2/4/2003 13624 2/4/2003 13625 2/4/2003 13626 2/4/2003 13627 2/4/2003 13628 2/4/2003 13629 2/4/2003 13630 2/4/2003 13631 2/4/2003 13632 2/4/2003 13633 2/4/2003 13634 2/4/2003 13635 2/4/2003 13636 2/4/2003 13637 2/4/2003 13638 2/4/2003 13639 2/4/2003 13640 2/4/2003 13641 2/4/2003 13642 2/4/2003 13643 2/4/2003 13644 2/4/2003 13645 2/4/2003 13646 2/4/2003 13647 10,000 Lakes Chapter of ICC Acess Cardiosystems Anoka - Technical College Aspen Mills Capitol Communications Centennial Utilities CenterPoint Energy Connexus Energy Emergency Apparatus Maintenance Emergency Medical Products, Inc. Erickson Storage Frattallone's Hardware Hugo Feed Mill & Elevator League of Minnesota Cities Insurance Trust Loffler Business Systems McLeod USA Metrocall Mid America Specialities Milo Bennett Municipal Emergency Services, Inc. North Suburban Regional Mutual Aid Assoc. Orkin Exterminating Pioneer Products USI Verizon Wireless Heiman Fire Equipment, Inc. 1 of 1 ACCOUNT AMOUNT 42220 - Travel, Conf., School 175.00 42130 - Equipment Expense 455.00 42220 - Travel, Conf., School 510.00 42120 - Uniform Expense 66.00 42110 - Other Maintenance 641.57 42251 - Station 1 - Gas 380.65 42253 - Station 2 - Gas 759.73 42252 - Station 1 - Electric 316.87 42000 - Vehicle Maintenance 648.60 42260 - Medical Supplies 543.24 42280 - Miscellaneous Expense 180.00 42110 - Other Maintenance 139.78 42110 - Other Maintenance 46.50 42140 - Insurance Expense 9,137.00 42180 - Office Supplies 20.70 42240 - Telephone 353.88 42240 - Telephone 69.90 42190 - Fire Prevention Supplies 83.40 42180 - Office Supplies 965.26 42130 - Equipment Expense 93.72 42200 - Dues and Memberships 150.00 42110 - Other Maintenance 51.12 42130 - Equipment Expense 3,898.40 42180 - Office Supplies 71.93 42240 - Telephone 162.01 42130 - Equipment Expense 236.70 Total $20,156.96 • • • STAFF ORIGNINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1B Jean Viger, Deputy Clerk February 10, 2003 Consider Resolution No. 03 -15, Approving Premises Permit Application for Centennial Youth Hockey Association to Conduct Lawful Gambling at Shirley Kaye's. Simple Majority (3/5 Vote) Attached is a premises permit application submitted by the Centennial Youth Hockey Association for approval to conduct lawful gambling at Shirley Kaye's, 6810 Lake Drive. The expiration date of the premises permit corresponds with the expiration date of the organization's lawful gambling license, as per state guidelines. The premises permit will be effective from April 1, 2003 through March 31, 2005. The police department conducted a background check and found no information to deny issuing the permit. OPTIONS: 1. Adopt the motion to approve Resolution No. 03 -15 2. Deny approval of Resolution 03 -15 RECOMMENDATION: Option 1 • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 03-15 PREMISES PERMIT RENEWAL APPLICATION FOR CENTENNIAL YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT SHIRLEY KAYE'S WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of February 10, 2003; and the Lino Lakes City Council discussed the premises permit application submitted by the Centennial Youth Hockey Association to conduct lawful gambling at Shirley Kaye's; and the City of Lino Lakes has conducted a background investigation; and the Centennial Youth Hockey Association is in compliance with City Ordinance; and the Centennial Youth Hockey Association appears to take into consideration the best interest of the City of Lino Lakes, and the Minnesota Gambling Control Board requires that the application be approved by the local unit of government (City of Lino Lakes) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the charitable gambling activity by the Centennial Youth Hockey Association at Shirley Kaye's , 6810 Lake Drive, Lino Lakes, Minnesota. Approved by the City Council of the City of Lino Lakes this 10th day of February, 2003. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor 01/27/2003 13:29 6517668351 LG214PP12. Printed:9 /4/2002 License Number: B- 03934403 Name of Organization: Centennial Youth Hockey G b� e mises Information Name of the establishment where gambling will be conducted Shirley Kayes 6510 Lake Dr Lino Lakes, MN 55Q14 County: Anoka REC SPORTS & PLAY State of Minnesota Gambling Control Board Premises Pemit Renewal Application PAGE 02 Effective Date: 411 /2001 Expiration Date: 3/31/2003 Name ef the property owner (If different): Note: Our records show the premises is located within the city limits Lessor Information Square footage leased per month: Rent paid per month: • Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activ_it� Our records indicate that Bingo is not conducted on these premises. Storage Information 9420 Naples St NE Blaine MN 55449 'win City Federal 1059 Meadowlands Dr White Bear Lake, MN 55127 On the lines provided below list the name, address and-title of a t least may not persons handle gambling au r ed to sign checks and make deposits and withdrawals for the gambling account. The organization aY Address Bank Information Gambling Bank Account Number: 5851499148 Name Tammy Larsen City. State. Zit) Code Title Lino Lakes, MN 55014 Michael Gaydos 151 Glenview Ave Lino Lakes, MN 55014 Carl Anton 5aadion 13 (Be sure to complete the reverse side of this application This form will be made available in altemal.ive format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) 01/27/2003 13:29 6517668351 Comb ling Site A utttorixation I hereby consent that local law e boa de or officers. the board or agents the commissioner ofrevenue eor public safety or agents enter the premises to commissioners, may enforce the law. Baal: Records Informatioo the bank The board is authori zed to an inspect u t the bank records of the gambling necessary to fulfill requirements of currant gambling rules and law. thorization I hereby authorize the Gambling Control Board to modify the class of organization REC SPORTS & PLAY Acknnwled' menu PAGE 03 c2af2 6. any changes in appl imtion information Oath will be submitted to the board and local • 1 declare that: unit of government within ten days of 1 I have read ad this application and all the change; nge•, and information submitted to the board is true, 7 I e thatfailure to provide accurate, and complete; required information or providing false or misleading information may result in rho denial or revocation of the license. 2. all other required information has been fully disclosed; 3. 1 am the chief executive officer of the organization; 4. I assume full responsibility for the fair and • lawful operation of all activities to be . conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to . .• . - i • permit being applied for. j 1 .G rn ert ti ed gnentand q. . �. ? nra vat dNE gTib�AgP?i!ysl Ail ulci4_ .eifr. ?ii hil*c (m4 Y 8 00 i% f 7 Y J " u 0n behalf of the city,1 hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution sp e Y approving or denying the application will bc forwarded to the aovlyine orean',zauon- .r Signature of the chief executive officer (Designee may not sign) Date • Print name of city S ibnamre of city personnel receiving application N� _ur'1nrmu rr .. , pur • ,y: ^"tr"i t"yl, ,;N li�let! ik n r Ind. n rrr,- r!?+v:irn?�rr ?IVrn,r rrttr'� nner�nlr '^' WUStrf$ 1�hl�� "YAJiRaLIOt�Y�ii�jllS91 ��tl:{ItG,�:,.. '!f r,rr ��,. IA T:AN!9' j .7,1" li RY '1. "''ARI) Ili ",�ttd,,to tvnsgr m':i•,• a rw ai �y... I lrj ,ll?'t'r'tti'7�inli��i "i�t t =sglh �l ti� l .,.�� !L �n,, :1� rr ."FA n� �py�Its<<j c.at ll llln 3�0 ,y, 5h. � iy.il,lo�1„nnlU;�(,tpi�tly II P:, 4.n{.. (sjr.6,,y Ili Zit) rye y Ud i., rl �p�v Gtt,, °.,� (ik aJtqq.}. °bbbbb'C!�C'ro' r N'{gttrU- Aiem�?7 :.•'li„i,,nraS, io.," 7 il, ,1ff: ly'1 r .�q..1l:iiilli IN ':.1 4 I ��I "1.'R:Pi17p ,Sl�a'A1 icp. ,it;IttU�tlUvSr �dti. _JL m le•I•t r:. . 11 � CzT •`,,t''.'!:41(1710, j { Lm��{„ � I n v l ��,k 6x;�t ;i ZJ) I i.{dr,N• N , ,r %� �`�7' � �r �F•' In rt 1: t a....'F:,.,.1, i1 :l ]aW ) 'r " 111��tdC '�[�JU�lllltAi "� 3tS.i t',11< �'':.�w: }ul �lrt�)lion�[y�}n Uri ,:,"'•„� ..i.., _ h'1. ,1(( ;,. n0;ia,. 111!•t�..I1J••,... .L. . ..r Fe r t On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). For the county: On behalf of the county, thereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to die applying organization. 'Mc information requested on this form (and any attachments) will be used by the G rimbl ing Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a • Print name of township Signature of township official receiving application Print name of county Signature of county personnel receiving application / • / •rule Your name and address will bc public information when received by the Board. AU the other information that you provide will be private data about you until the Board issues your license. When the Board issues your licensc, all of the information that you have provided to the Board in the process of applying for your license will become public. lithe Board does not issue you a license, all the information you have provided in the process of ap plying fora license remains private, with the exception of your name and address which will remain public. 1' PP Board whose work assignment requires that they have access to the information; the Minnesota Depart meat of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies, anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal • AGENDA ITEM 4A STAFF ORIGNINATOR: Dan Tesch, Director of Administration MEETING DATE: February 10, 2003 TOPIC: Advisory Board Appointments VOTE REQUIRED: 3/5 Vote Required BACKGROUND Recognition: Joe Zych, Planning and Zoning Board - January 1, 2000- Dec. 31, 2003 Bill Hicks, EDAC - April 2001 - December 31, 2003 Appointments: There are a number of vacancies to be filled on the advisory boards due to the expiration of terms of office. The vacancies were advertised, applications accepted and applicants interviewed. On January 29, 2003, the city council reached a consensus to appoint and /or reappoint the following individuals to serve on the various boards. The city council now needs to take formal action to make these appointments official. In addition to advisory boards, the council also deferred to this evening several of its annual appointments. These are listed below the board appointments. Board Appointee Term Expires Planning & Zoning Rob Rafferty December 31, 2005 Planning & Zoning Paul Tralle December 31, 2005 Park & Recreation Pamela Taschuk December 31, 2005 Park & Recreation William Kusterman December 31, 2005 Environmental Rod Kukonen December 31, 2005 Environmental Teresa O'Connell December 31, 2005 Economic Development Advisory Committee Roger Jensen December 31, 2005 Economic Development Advisory Committee Julie Jeffrey- Schwartz December 31, 2005 Economic Development Advisory Committee Harvey Karth December 31, 2005 2002 Actual 2003 Annointment Acting Mayor Mr. Reinert (Council Prerogative) North Metro Telecommunication Commission Ms. Dahl - Comissioner Mr. Tesch - Alternate (council prerogative) (council prerogative) • • • OPTIONS 1. Approve list as presented 2. Modify list and approve as modified. 3. Return to staff for further review RECOMMENDATION 1. Option 1. J: \dtesch\Appointments \2003 Gr Sheet part 2.doc 2002 Actual 2003 Appointment YMCA Board Ms. Linda Waite Smith (council prerogative) Centennial Fire Steering Committee Mr. John Bergeson- Elected Ms. Donna Carlson - Elected Ms. Linda Waite Smith (Staff) (council prerogative) (council prerogative) Ms. Linda Waite Smith (staff) Joint Law Enforcement Committee Mr. Jeff O'Donnell (council prerogative) County Corrections Program Mr. Jeff Reinert (council prerogative) Charter Commission Liaison (new for 2003) (council prerogative) Environmental Committee (new for 2003) (council prerogative) OPTIONS 1. Approve list as presented 2. Modify list and approve as modified. 3. Return to staff for further review RECOMMENDATION 1. Option 1. J: \dtesch\Appointments \2003 Gr Sheet part 2.doc AGENDA ITEM 4B STAFF MEMBER Daniel Tesch, Director of Administration DATE 10 February 2003 SUBJECT Amending the North Metro Cable Communication System JPA To issue Bonds VOTE REQUIRED 3/5 BACKGROUND The City of Lino Lakes has been a member of the North Metro Telecommunication Commission since the inception of the organization. Other member cities include Blaine, Centerville, Circle Pines, Ham Lake, Lexington and Spring Lake Park. The first priority of the commission has been the administration of the franchise agreement. The second has been to make video production, editing and studio facilities and equipment available to the citizens of all seven cities. Late last year the Cable Commission voted to move ahead with the construction of a new media center. One of the first steps in this process if the issuance of bonds of indebtedness, step which needs to be approved by each member city. Approval of Resolution 03 -25 allows that to happen. Lino Lakes is the last city to approve the resolution. The city's percentage share of the bond allocation is 16.4 %, which in 2004 will still allow for the city to receive at least $18,000.00 in franchise fees. OPTIONS 1. Approve Resolution 03 -25 2. Deny the resolution and return the matter to staff. RECOMMENDATION One • • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 03-25 REGARDING AMENDMENT OF THE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM TO PERMIT THE ISSUANCE OF BONDS, OBLIGATIONS AND OTHER FORMS OF INDEBTEDNESS AND TO MODIFY THE PROCESS FOR WITHDRAWING FROM THE NORTH METRO TELECOMMUNICATIONS COMMISSION WHEREAS, The City of Lino Lakes, Minnesota (the "City ") is a member of the North Metro Telecommunications Commission (the "Commission "), a municipal joint powers board organized pursuant to a Joint and Cooperative Agreement, as amended ("Agreement"), adopted by the Cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota (the "Member Cities ") pursuant to Minn. Stat. § 471.59; and WHEREAS, the Commission wishes to purchase a parcel of land in one of the Member Cities and to improve such parcel by completing a new operations /studio facility on that land (the "Project"), in order to exercise its powers and carry out its duties under Article VIII of the Agreement; and WHEREAS, Article VIII, § 2 of the Agreement states that the Commission may not contract for the purchase of real estate without the prior authorization of the Member Cities; and WHEREAS, the Commission voted on October 16, 2002, to authorize staff to pursue options for purchasing an appropriate parcel of land and to retain an architect to draft necessary architectural diagrams for the new studio facility; and WHEREAS, the Commission proposes to issue revenue bonds or similar obligations in a principal amount not to exceed $2,500,000 (the "Bonds ") in order to finance the Project; and WHEREAS, Minn. Stat. § 471.59, subd. 11 states that the governing bodies of the Member Cities must expressly authorize the Commission to issue bonds, obligations and other forms of indebtedness; and WHEREAS, the Agreement, as currently written, does not expressly authorize the Commission to issue bonds, obligations and other forms of indebtedness; and WHEREAS, it is necessary to amend the Agreement to permit the issuance of the Bonds and to ensure that each of the Member Cities remains responsible for its share of that indebtedness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: • 1. That Article II of the Agreement shall be amended to read as follows: The general purpose of this agreement is to establish an organization to monitor the operation and activities of cable communications, and in particular, the Cable Communications System (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for their respective System; to produce, edit and transmit video programming for the parties of this agreement; to make video production, editing and studio facilities and equipment available to the citizens of the parties to this agreement through the operation of a Community Media Center; to promote the development of locally produced cable television programming; to ensure public access to emerging telecommunications technologies; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the Members to this agreement. 2. That Article IV, Section 3 of the Agreement shall be amended to read as follows: Section 3. "Community Media Center" means the public access center formerly run by the cable company, and any other public access center and studio facility that may be subsequently constructed by the Commission, along with all related equipment and staff. 3. That Article VIII of the Agreement shall be amended by adding a new Section 13 that reads as follows: Section 13. The Commission is given express authority to issue bonds, obligations and other forms of indebtedness, in a principal amount not to exceed $2,500,000 (the "Bonds "), to finance the Commission's purchase of real property and its construction and acquisition on that property of a public access center and an operations /studio facility, to include the Community Media Center and the offices of the Commission (the "Project "). The term "Bonds" shall also include bonds or other forms of indebtedness issued to refund and refinance the Bonds, or any portion thereof. Refunding Bonds shall not count against the $2,500,000 limit except to the extent that the amount of the refunding Bonds exceeds the amount of the Bonds being refunded thereby, but that limit shall not apply to any issue of refunding Bonds which produces an overall savings in debt service cost. As provided in Minn. Stat. § 471.59, subd. 11, the Bonds shall be obligations of the Commission which are issued on behalf of the Members, and shall be issued subject to the conditions and limitations set forth in Minn. Stat. § 471.59, subd. 11. The Commission may not pledge to the payment of the Bonds the full faith and credit or taxing power of the Members. No bonds, obligations or other forms of indebtedness other than the Bonds may be issued by the Commission without the prior consent of the Members. 4. That Article VIII, Section 13 of the Agreement shall be renumbered as Section 17. • 5. That Article XI, Section 3 of the Agreement shall be amended to read as follows: 2 • • The financial contributions of the Members in support of the Commission shall be in direct proportion to the percent of annual subscriber revenues of each Member to the total annual revenues of the system multiplied by the Commission's annual budget. The annual budget shall establish the contribution of each Member for the ensuing year and a timetable for the payment of said contributions. Each Member shall cause its franchise fees to be paid directly to the Commission, as a credit against that Member's annual financial contribution owed the Commission, with any excess being remitted to the Member by the Commission and any shortfall being payable to the Commission by the Member. The remainder of any franchise fee remitted back to a Member by the Commission shall be used for cable - related expenses. 6. That Article XI, Section 5 of the Agreement shall be amended to read as follows: Section 5. A proposed budget for the operation of the Commission, including the Community Media Center and the regularly scheduled debt service on the Bonds described in Article VIII, Section 13 of this agreement, for each calendar year shall be formulated by the Executive Director under the direction of the Operations Committee and submitted to the Commission on or before July 1 of each year. The Commission shall submit the proposed budget to the Members on or before August 1 of each year. Such budget shall be deemed approved by a Member unless, prior to October 15 preceding the effective date of the proposed budget, the Member gives notice in writing to the Commission that it is withdrawing from the Commission, subject to Article XII, Section 2 of this agreement. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before November 1 of each year. 7. That Article XII, Section 2 of the Agreement shall be amended to read as follows: Section 2. In order to prevent obligation for its annual financial contribution to the Commission budget for the ensuing year (excepting the Member's continuing share of the debt service due from year to year on outstanding Bonds, as described in Article VIII, Section 13 of this agreement), a Member shall withdraw from the Commission by filing a written notice with the secretary by October 15 of any given year giving notice of withdrawal effective at the end of the calendar year; and membership shall continue until the effective date of the withdrawal. A notice of withdrawal may be rescinded at any time by a Member. If a Member withdraws before the dissolution of the Commission, the Member shall have no claim against the assets of the Commission, except as provided herein. A Member withdrawing after October 15 shall be obligated to pay its entire contribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Each Member acknowledges that applicable portions of its annual contribution pursuant to Article XI, Section 3 of this agreement will be for that Member's respective share from year to year of the debt service (the "Debt Service Share ") on the Bonds and that said Debt Service Shares will be pledged by the Commission to the payment of the Bonds. So long as the Bonds are outstanding, any Member withdrawing from the Commission 3 • • • shall continue to owe the Commission its Debt Service Shares and shall continue to have its franchise fees paid directly to the Commission as a credit against said obligations, with any excess to be remitted by the Commission to the withdrawn Member and any shortfall being paid by the Member to the Commission. A Member that has withdrawn from the Commission may, if no Bonds are outstanding, upon request, recover an amount of any equity that exists, as of the withdrawal date, in real property and buildings purchased or constructed with any Bonds, up to (but not exceeding) the withdrawn Member's individual percentage of total franchise fees paid to all the Members (or their designee), including the withdrawn Member, for the calendar year preceding withdrawal. The Commission may, if no Bonds are outstanding, at any time after the withdrawal of a Member as provided for herein, initiate a buy -out of the proportionate equity interest of the withdrawn Member, which interest is to be the withdrawn Member's individual percentage of total franchise fees paid to the Members (or their designee) and the withdrawn Member for the calendar year preceding the buy -out, pursuant to terms and conditions agreed upon by the parties. The amount of any equity distributed to a withdrawn Member will be paid, without interest, on a payment schedule established by the Commission, provided, however, the term of such payment schedule shall not exceed five (5) years. When calculating an equity repayment schedule, the Commission may deduct the withdrawn Member's proportionate share of outstanding indebtedness from the amount of any equity due to the withdrawn Member. Notwithstanding anything to the contrary, a withdrawing Member shall have no claim to the franchise fee the Grantee collected on its behalf for the year in which its withdrawal is effective, except for the reimbursement of cable - related expenses for that year. If no Bonds are outstanding, for the calendar year following withdrawal, and for all subsequent years, the entire franchise fee calculated upon gross revenues attributable to the system within the withdrawn Member shall be paid by Grantee to the withdrawn Member in accordance with the Franchise. 8. That Article XII, Section 1 of the Agreement shall be amended to read as follows: The Commission shall continue for an indefinite term unless the number of Members becomes less than five, or unless the Commission is terminated by mutual agreement of all of the Members at any time; provided that the Commission shall continue to exist as long as any Bonds described in Article VIII, Section 13 of this agreement remain outstanding. 9. The City understands and agrees that, pursuant to the foregoing amendments of the Agreement, (a) the Commission would be authorized to acquire the land and issue the Bonds for the Project and to proceed with its completion and (b) the City would be obligated to pay its share of the debt service on the Bonds and to continue to do so even if the City might elect to withdraw from the Commission. 10. This paragraph is solely to allow the Bonds initially issued pursuant to Article VIII, Section 13 of this Agreement to be designated as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code (the "Code ") in 4 • • • the hope and expectation of achieving thereby certain lower interest rates on the Bonds. For this purpose, it is assumed that the full $2,500,000 of Bonds would be issued in 2003 (though the actual amount of those Bonds may be less) and that each Member City of the Commission would have an allocation of that total bond issue, based on the percentage shares of the members for 2002, as follows: Percentage Allocated Member Share Bond Amount Blaine 52.347% $1,308,675 Centerville 3.567 89,175 Circle Pines 5.001 125,025 Ham Lake 11.696 292,400 Lexington 2.551 63,775 Lino Lakes 16.391 409,775 Spring Lake Park 8.447 211,175 100.00% $2,500,000 This City's allocated bond amount (as provided above) is hereinafter referred to as the City's Bonds, and the City hereby makes the following factual statements and representations: (a) the City hereby designates the City's Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (b) the sum of the City's Bonds plus the reasonably anticipated amount of all other tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during calendar year 2003 is not expected to exceed $10,000,000; and (c) pursuant to Section 265(b)(3)(C)(iii) of the Code, the City states that it is receiving the benefits from the issuance of the City's Bonds and the City hereby irrevocably agrees (solely for purposes of said Section 265(b)(3) of the Code) with the other Member Cities of the Commission to the foregoing respective allocations of the principal amount of the Bonds and further agrees and finds that said allocation bears a reasonable relationship to the respective benefits received. Nothing in this paragraph is intended or shall be interpreted to limit or alter the respective percentage shares of the Member Cities or their respective allocations of debt service obligations on the Bonds, as those may be determined in accordance with the Agreement for 2003 or any subsequent year. 5 • 11. This Resolution, and the amendments made to the Agreement, shall be construed to authorize the Commission to contract for and purchase real estate, as part of the Project. • • 12. The City officers are authorized to take such actions as may be necessary or desirable to implement the approvals given in this Resolution, including (a) the execution on behalf of the City of an amendment to or an amendment and restatement of the Agreement substantially reflecting the amendments thereto approved hereinabove and (b), upon request, providing to the Commission or bond counsel for the Bonds certifications of this Resolution or certifications of facts and circumstances of the City as may be pertinent in connection with the issuance of the Bonds. This Resolution shall be effective immediately. Passed and adopted this day of , 2003. CITY OF LINO LAKES, MINNESOTA By: Its: ATTEST: moved the adoption of the foregoing Resolution, and Councilmember duly seconded that motion. Upon a vote being taken thereon the following members of the Council voted in favor thereof: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. 6 • I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution of the Council consenting to the amendment of the joint powers agreement for the North Metro Telecommunications Commission. WITNESS my hand as such City official and the official seal of the City this day of , 2003. City Clerk 0 (SEAL) • • AGENDA ITEM NO. 4C STAFF ORIGINATOR: Dan Tesch, Director of Administration COUNCIL MEETING DATE: February 10, 2003 TOPIC: Consideration of Resolution 03 -23, Approving Contracts for Air Quality Remediation and Project Monitoring and Management at Civic Complex VOTE REQUIRED: Simple Majority BACKGROUND: The City Council authorized city staff to advertise for bids for mold remediation in City Hall and the Police Station during the December 16, 2002 Council meeting (Resolution 02 -181). Sealed bids were opened at City Hall on January 28, 2003. Five bids were submitted varying from $51,470 - $140,011. Diversified Contracting, Inc (DCI) submitted the lowest bid. Our consultant with Institute for Environmental Assessment (IEA) has reviewed the proposed bid and the company's qualifications. We have received the • required documentation from DCI including a certificate of liability insurance and performance bond, and therefore recommend authorization to award the contract to DCI for $51,470. • The mold remediation work will be done between 5:00 pm - 5:00 am and will not conflict with city operations or evening meetings. The contract states that the work will be completed no later than February 21, 2003. The second contract under consideration this evening is for retaining IEA to oversee the mold remediation process. IEA will provide an on -site manager throughout the duration of the project, record and document the cleaning process, provide visual clearance criteria when the units have been cleaned, fungal sample collection, and to provide a final report to include sampling, photo documentation, observations, and conclusions. The proposal cost is $12,850. Staff recommends retaining the Institute For Environmental Assessment for monitoring and management of the mold remediation work described above. OPTIONS 1. Approve Resolution 03 -23. 2. Do not approve Resolution 03 -23. RECOMMENDATION: Option 1 • • CITY OF LINO LAKES RESOLUTION NO. 03-23 RESOLUTION APPROVING CONTRACTS FOR MOLD REMEDIATION AND PROJECT MONITORING AND MANAGEMENT AT CIVIC COMPLEX WHEREAS, The City Council authorized staff to advertise for bids for mold remediation in City Hall and the Police Station per Resolution 02 -181; and WHEREAS, Sealed bids were opened at City Hall on January 28, 2003. Five bids were submitted. Diversified Contracting, Inc. submitted the lowest bid of $51,470; and WHEREAS, Our consultant with Institute for Environmental Assessment has reviewed the proposed bid and the company's qualifications, and we have received the required documentation from Diversified Contracting, Inc. including a certificate of liability insurance and performance bond; and WHEREAS, Staff recommends retaining Institute for Environmental Assessment to provide an on -site manager throughout the duration of the project, record and document the cleaning process, provide visual clearance criteria when the units have been cleaned, fungal sample collection, and to provide a final report to include sampling, photo documentation, observations, and conclusions; and WHEREAS, The proposal cost is to retain Institute for Environmental Assessment is $12,850. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council hereby awards the Mold Remediation Contract to Diversified Contracting, Inc. for $51,470. This resolution also retains the Institute for Environmental Assessment to manage and monitor the mold remediation project for an amount not to exceed $12,850. Adopted by the Lino Lakes City Council this 10th day of February, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 5A STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police DATE February 10, 2003 TOPIC Annual renewal of Otter Lake Animal Control Contract VOTES REQUIRED: 3/5 BACKGROUND We have had Otter Lake Animal Control Center as our contract holder for the past 7 years. Our relationship during this time with the business has been very professional and we were able to meet the needs of the citizens, Otter Lake Animal Control Center and the City by utilizing the provisions of this contract. There are two changes from last year's contract. It is requested that any dogs brought to the facility be vaccinated for kennel cough. The charge would be $5.00. This service would be charged back to the owner if the owner claims the dog. If the dog is not claimed, the cost of this service would be charged to the city. The second charge is a $1.00 increase in the boarding fee. The cost is now $12.00. We request that the contract be renewed for calendar year 2003. OPTIONS 1. Approve the request to enter into a renewal contract with the Otter Lake Animal Control Center. 2. Return to staff for further information. RECOMMENDATION Option No. 1 • AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: February 10, 2003 TOPIC: Consideration of Resolution 03 -21, Approving Quitclaim Deed for Trail Easement, Outlot A, Pheasant Hills Preserve 4th Addition VOTE REQUIRED: Simple Majority BACKGROUND: The paved trail located along the north side of Birch Street between Pheasant Hills Drive and Sherman Lake Road is located on property currently owned by the Pheasant Hills Preserve Homeowners Association. A map depicting the existing trail is attached. The Pheasant Hills Preserve Homeowners Association has agreed to permit the City of Lino Lakes to acquire a fifteen feet wide trail easement where the trail is located. The survey and legal description is attached. The trail easement will provide public access for this trail. The City of Lino Lakes will assume responsibility for maintenance. • Staff recommends approval of Resolution 03 -21 directing the City Attorney to execute the quitclaim deed for a fifteen feet wide trail easement on Outlot A, Pheasant Hills Preserve 4th Addition. OPTIONS 1. Approve Resolution 03 -21. 2. Do not approve Resolution 03 -21. RECOMMENDATION: Option 1 • 2/4/03 RDfTrails /greensheet PH quitclaim trail by Birch • • CITY OF LINO LAKES RESOLUTION NO. 03-21 RESOLUTION APPROVING QUITCLAIM DEED FOR TRAIL EASEMENT OUTLOT A, PHEASANT HILLS PRESERVE 4TH ADDITION WHEREAS, The paved trail located along the north side of Birch Street between Pheasant Hills Drive and Sherman Lake Road is located on property currently owned by the Pheasant Hills Preserve Homeowners Association; and WHEREAS, The Pheasant Hills Preserve Homeowners Association has agreed to permit the City of Lino Lakes to acquire a fifteen feet wide trail easement where the trail is located; and WHEREAS, The trail easement will provide public access for this trail; and WHEREAS, The City of Lino Lakes will assume responsibility for maintenance of the existing trail. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council hereby directs the City Attorney to execute the quitclaim deed for a fifteen feet wide trail easement on Outlot A, Pheasant Hills Preserve 4th Addition. Adopted by the Lino Lakes City Council this 10th day of February, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor 'won 11 11 RIPOCIIMAIMI 0.L OPtok (11 INNI MAIO dirSAM IME zunammannuomm 12 ounor c 9 6 7 6 PHEASANT" MUM cay OF CENTERVILLE CITY OF LINO LAKES •14.1•■•111M1, OUTLOT WAND WOOD 10 9 9 7 6 10 g011111113 ANOKA COUNTY HIGHWAY RIGHT-OF-VIAY PLAT 80.11 BIRCH STREET 40.11 111 __•ii CANF1OLO 8060 1111Flie - BIRCH STREET AAR ROAD IN/1310 W. WHIT OF PART 1.3 R." OF ,,Eic.s 34, 35 0 cQ. LIO d 8 C.2) rr) U x 4 DESCRlPT(ON FOR: CITY OF LINO LAKES w0 2 EMENT DE Q 0 w • • a A W.g s Fr p£ EaSgi; 1.!...2!_r rEa�$� °;� " °�sse 1.g R �. o1•1- fib;;!: sis 81 os YRi'l£$oo6S..$°°8#fl 1e4 ge .e gE9 En g3 a° mj..FwWij xY ° ns;< o °. ;..s °Iasi =a°ga °gN ; yAmg- p�E 1 :° °, �£° k n �1 6„ 8 � &' sbg�Egd'�"Rs 3814 1=tr-ii188f:Plitti 112~ £ = E,n9- $�I # 1/ "g ass° -�*° 3tg�5 is-r s $SSola"ae 8$ YEn -g ".nom 0 66iiit gore wzrel g N01•03.34 "W 09 230.04 A t'a q�� X O \ f • \ Jf)))ppp}, \ • `I,:� ON lrRe / .t / SL N h co 0 M S89'22.49 "W N00•37.10" A' 102.00 R- 2834.50' "' •125 '01 " 1.1403 Rr2834. 50 L =20.62 wF Z J J 7 O VI 0 09 — Total Easement Area = 7,7421 sq. ft. (0.181 acres) H z oL_ 0 J Q'. w 0 Anoka County, A41 OURTH ADDITION OUTLOT A, PHEASA 6 W J 0 w rn N 0 w 0) Q) 0\ O (1 0 0 CL Z c 0 O 0) 0 U (n 55014 -36:5 FAX 163 -186 -6001 1 a 0) V Denotes Existing Path 0- 0 -J 0 • • • AGENDA ITEM NO. 6B STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: February 10, 2003 TOPIC: Consideration of Resolution 03 -22, Approving City of Lino Lakes /Centennial School District No. 12 Site Agreement VOTE REQUIRED: Simple Majority BACKGROUND: The proposed site agreement under consideration this evening combines the existing Rice Lake Elementary School Site Agreement (1991), the existing Centennial Middle School Site Agreement (1997), and addresses Blue Heron Elementary School. In summary, the City of Lino Lakes will be responsible to maintain the outdoor recreation facilities at the Centennial Middle School, Rice Lake Elementary School, and Blue Heron Elementary School. In return the Parks and Recreation Department will be given first priority use of Middle School Gym 1 from 5:30 -10 p.m. on Monday, Wednesday, and Friday; and Rice Lake Elementary Gyms B/C on Tuesday and Thursday from 6 -10 p.m. Additional scheduling of the facilities will be governed by the District's Community Use of Facilities Policy No. 2060 that was approved by the School Board in September. The Site Agreement also addresses concerns city staff has had regarding the cancellation of pre- approved gym space with little notice. This agreement will be automatically renewed annually unless either party provides written notice at least thirty days prior to January 1 of each year. I have attached a copy of the proposed Site Agreement for your review. Staff recommends approval of Resolution 03 -22. OPTIONS 1. Approve Resolution 03 -22. 2. Do not approve Resolution 03 -22. RECOMMENDATION: Option 1 2/4/03 RD /Recreation /greensheet school agreement • • • CITY OF LINO LAKES RESOLUTION NO. 03-22 RESOLUTION APPROVING CITY OF LINO LAKES/ CENTENNIAL SCHOOL DISTRICT NO. 12 SITE AGREEMENT WHEREAS, This Site Agreement combines the existing Rice Lake Elementary School Site Agreement (1991), the existing Centennial Middle School Site Agreement (1997), and addresses Blue Heron Elementary School; and WHEREAS, In summary, the City of Lino Lakes will be responsible to maintain the outdoor recreation facilities at the Centennial Middle School, Rice Lake Elementary School, and Blue Heron Elementary School. In return the Parks and Recreation Department will be allocated certain indoor facility space for recreation programs; and WHEREAS, This agreement will be automatically renewed annually unless either party provides written notice at least thirty days prior to January 1 of each year. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council hereby approves the Site Agreement between the City of Lino Lakes and Centennial School District No. 12. Adopted by the Lino Lakes City Council this 10th day of February, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor SITE AGREEMENT BETWEEN CITY OF LINO LAKES AND CENTENNIAL SCHOOL DISTRICT NO. 12 This Agreement made and entered into this 10th day of February, by and between the City of Lino Lakes, State of Minnesota, a municipal corporation (hereinafter referred to as "City" and Centennial School District No. 12, a political subdivision (hereinafter referred to as "District "); WITNESSETH: WHEREAS, the District has certain park (and recreation) facilities at Centennial Middle School, Rice Lake Elementary, and Blue Heron Elementary located within the City of Lino Lakes; and WHEREAS, the City and the District wish to enter into an agreement concerning the joint use, improvement and construction of certain facilities located upon said District property. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: la. Rice Lake Elementary The District constructed the following improvements at Rice Lake Elementary at District expense: three (3) softball /baseball fields, two (2) soccer fields, irrigation for such fields, and grading and graveling of all trails located on District property. Costs for such facilities was paid by the District and was according to plans and specifications approved by the parties hereto and made a part hereof. lb. Centennial Middle School The District constructed the following improvements at the Middle School at District expense: three (3) softball fields, four (4) athletic fields, one (1) baseball field, one (1) hard • surface running track, eight (8) tennis courts, an irrigation system for such fields and approximately two miles of hard surface walking trails. Costs for such facilities shall be paid by the District. 1 c. Blue Heron Elementary The District constructed the following improvements at Blue Heron Elementary at District expense: one (1) softball field and one (1) youth soccer field. Costs for such facilities shall be paid by the District. 2. The District shall be responsible for the routine resurfacing of the tennis courts and track. 3. The City will construct and apply the bituminous surfacing to all walking/biking trails located and directly connected to Rice Lake Elementary School. 4. The District shall provide the maintenance and water for the irrigation system at the Middle School, Rice Lake, and Blue Heron at no cost to the City. 5. Water for irrigation systems at Rice Lake Elementary will be supplied by the City, metered by the District. The District will be billed for this water at the same rate as the water billing to the City parks and recreation department. 6. The District shall carry liability insurance during all times the parks /recreation and gym spaces are used with individuals, other than activities under the direction, control and /or supervision of the City. The District shall name the City as an additional insured on such policy. (The liability coverage shall not be less $600,000 per occurrence. It is further agreed that if the statutory liability limitations for either the City or the District should change, the parties shall provide liability insurance in not less than the statutory limitations provided by statute.) 7. The City shall provide liability insurance covering claims which relate to activities that are under the direction, control and supervision of the City. The City of Lino Lakes also agrees to name the District as an additional insured on said policy. (The liability coverage shall not be less than $600,000 per occurrence. It is further agreed that if the statutory liability limitations for either the City or the District should change, the parties shall provide liability insurance in not less than the statutory limitations provided by statute.) 8. The City will be responsible for scheduling all outdoor facilities except the track. Such scheduling shall not apply to normal school hours and shall not interfere with the scheduling of District activities. The City is free to charge a user fee for outdoor facilities to help defray the cost of maintenance of school sites. 9. Scheduling of facilities will be governed by the District's Facility Use Policy #2060, except as outlined in this agreement. 10. The District shall make available to the City the use of Middle School gym 1 from 5:30 -10 p.m. on Monday, Wednesday and Friday; and Rice Lake gym B/C on Tuesday and Thursday from 6 -10 p.m. It is understood that the scheduling of this space shall be during the regular school year, shall not interfere with the scheduling of District activities, and shall be done in coordination with the District's Community Services Office. 3 11. The District, with input from the City, will set quarterly calendar dates that confirm use of District facilities and allow bumping of City activities only with the agreement of both parties. Quarterly dates will be determined by July 15 of each year and generally follow a fall, winter, spring, summer timeline. 12. The City agrees to maintain all athletic facilities and open areas directly adjacent to the athletic facilities including, but not limited to: all trails located on/or directly connected to Rice Lake Elementary, Blue Heron Elementary, and Centennial Middle School, excluding internal trail snowplowing at Blue Heron Elementary and Middle School, and all of the trees located within the aforementioned areas. 13. It is the responsibility of the City to resurface when necessary the trails located on the school sites. 14. It is the City's responsibility to purchase and provide all of the necessary supplies and equipment to perform the maintenance for the above mentioned facilities. 15. The District's Facility Use Policy #2060 and the City's park regulations shall govern use of the facilities by all groups. Both parties shall be responsible to see that such rules are adhered to during the time that they are using facilities. 16. The City shall enforce all District policies regarding the use of alcohol, drugs, and tobacco products and the prohibition of animals and motorized recreational vehicles on said premises. 4 17. This Agreement shall continue and be automatically renewed annually commencing on January 1, unless either party is served written notice at least thirty (30) days prior to January 1 of each year that it intends to terminate or modify this Agreement. 18. The City and the District agree to mutually indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or admissions of the respective officers, agents or employees relating to the activities conducted by either party under this Agreement. Subscribed and sworn to me this day of , 2003. Notary Subscribed and sworn to me this day of 2003. INDEPENDENT SCHOOL DISTRICT NO. 12 BY Its (Chair) BY Its (Clerk) CITY OF LINO LAKES BY Mayor Notary BY Clerk- Treasurer 5 • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 7A Michael Grochala February 10, 2003 Resolution No. 03 -16, Adopting a Storm Water Pollution Prevention Plan and Authorizing its Submittal to the Minnesota Pollution Control Agency as Part of the City's Application for Enrollment in the State of Minnesota's General National Pollution Discharge Elimination System Phase II Permit Authorizing the City's Discharge of Storm Water. Simple Majority In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq., 40CFR 122, 123 and 124, as amended, et seq.); Minnesota Statues Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001, the City needs to submit a Storm Water Pollution Prevention Program satisfying the State of Minnesota's General Permit (MNR580000) requirements authorizing the City's discharge of storm water associated with municipal separate storm sewer systems. The City's Storm Water Pollution Prevention Program includes: (1) The Best Management Practices (BMPs) that it will implement for each of the storm water minimum control measures including Public Education & Outreach, Public Involvement Participation, Illicit Discharge Detection & Elimination, Construction Site Runoff Control, Post - Construction Storm Water Management in New /Re Development and Pollution Prevention /Good Housekeeping for Municipal Operations; • (2) Measurable goals for each of the BMPs, including, as appropriate, the months and years in which the City will undertake required actions, including interim milestones and frequency of the action in the narrative; (3) Estimated yearly timelines in which the City will implement each BMP; and, (4) Person(s) responsible for implementing and /or coordinating each component of the Phase II Storm Water Program. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 -12 Adopting a Storm Water Pollution Prevention Plan and Authorizing its Submittal to the Minnesota Pollution Control Agency as Part of the City's Application for enrollment in the State of Minnesota's General National Pollution Discharge Elimination System Phase II Permit Authorizing the City's Discharge of Storm Water. RECOMMENDATION: • Staff recommends approval of Resolution No. 03 -12. ATTACHMENTS 1. Resolution No. 03 -12 2. NPDES Plan • • • • CITY OF LINO LAKES RESOLUTION NO. 03 -16 RESOLUTION ADOPTING A STORM WATER POLLUTION PREVENTION PLAN AND AUTHORIZING ITS SUBMITTAL TO THE MINNESOTA POLLUTION CONTROL AGENCY AS PART OF THE CITY'S APPLICATION FOR ENROLLMENT IN THE STATE OF MINNESOTA'S GENERAL NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT AUTHORIZING THE CITY'S DISCHARGE OF STORM WATER. WHEREAS, the City is required to comply with provisions of Phase II of the National Pollution Discharge Elimination System (NPDES) as set forth in the Clean Water Act, as amended, (33 U.S.C. 1251 et seq., 40CFR 122, 123 and 124, as amended, et seq.); Minnesota Statues Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001; and WHEREAS, the City must adopt a Storm Water Pollution Prevention (SWPP) Program to enroll for coverage under the State of Minnesota's General NPDES Phase II Permit (MNR580000) requirements authorizing the City's discharge of storm water associated with municipal separate storm sewer systems; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The February 10, 2003 SWPP Program is adopted; and 2. That the City's Community Development Director, Michael Grochala, is hereby authorized to use the February 10, 2003 letter to submit the SWPP Program to the Commissioner of the Minnesota Pollution Control Agency as required for City enrollment in the State of Minnesota's General NPDES Phase II Permit (MNR580000) Program. Adopted by the Lino Lakes City Council this 10th day of February, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • February 10, 2003 Sheryl Corrigan, Commissioner MS4 Storm Water Program MPCA 520 Lafayette Road North St. Paul, MN 55155 -4194 Re: NPDES Phase II Storm Water Pollution Prevention Program City of Lino Lakes Dear Ms. Corrigan: • In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq., 40CFR 122, 123 and 124, as amended, et seq.); Minnesota Statues Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001, the City of Lino Lakes (City) submits the enclosed Storm Water Pollution Prevention Program satisfying the State of Minnesota's General Permit (MNR580000) requirements authorizing the City's discharge of storm water associated with municipal separate storm sewer systems. • The City's Storm Water Pollution Prevention Program includes: (5) The Best Management Practices (BMPs) that it will implement for each of the storm water minimum control measures described in Item G of Part V (Storm Water Pollution Prevention Program) of the General Permit; (6) Measurable goals for each of the BMPs, including, as appropriate, the months and years in which the City will undertake required actions, including interim milestones and frequency of the action in the narrative; (7) Estimated yearly timelines in which the City will implement each BMP; and, (8) Person(s) responsible for implementing and /or coordinating each component of the Phase II Storm Water Program. • • The City is concerned about finding funding sources for implementation of this Storm Water Pollution Prevention Program. All levels of government in Minnesota are under a cloud of revenue shortfalls. Thus, new unfunded mandates such as the NPDES Phase I I program will be financially burdensome to implement. We urge you to consider this as the NPDES Phase II program evolves. The City also wishes to address Permit item C of Part IV (Section 303(d) listings and Total Maximum Daily Load (TMDL) implementation plans). Implementation plans have not been developed for the lakes (Bald Eagle, Peltier, George Watch, Marshan and Centerville) and creeks (Clearwater and Hardwood) in the City that are included in the US Environmental Protection Agency's July 8, 2002 proposed Total Maximum Daily Load (TMDL) list (under Section 303(d) of the Clean Water Act). In the remainder of this letter, the City will explain its reasoning for proposing TMDL de- listings of George Watch, Marshan and Centerville Lakes and describe its minimal contribution to the overall storm water allocation to the remainder of the TMDL listings of in the City. About 40 percent of the City's total land area is comprised of lakes and national wetlands. The wetlands are widespread and these areas often help mitigate excess storm water runoff peak flows. The City lakes generally fall into two categories; Natural Environmental and Recreational. The Natural Environmental lakes are primarily located in the Chain of Lakes Regional Park area and include Peltier, George Watch, Marshan, Rice, Wards, Sherman, Cedar, Amelia, Randeau and Wilkinson Lakes. Recreational lakes include Otter, Centerville, Reshanau, Baldwin and Bald Eagle lakes. They are used for a variety of recreational uses such as swimming, boating, fishing and water skiing. Centerville, Bald Eagle, Peltier and Reshanau are considered game fishing lakes. Centerville and Bald Eagle Lakes are managed fisheries and stocked annually with Walleye and Muskellunge. Each of these Lakes has significant rough fish populations and Centerville Lake is aerated to prevent game fish winter kill. The Minnesota Pollution Control Agency (MPCA) establishes water quality standards for all waters of the state, including surface water. These standards are contained in Minnesota Rules Chapter 7050 and have statewide applicability. The MPCA's statutory authority to adopt water quality standards and to classify waters of the state is found in Minnesota Statutes Chapter 115. Water quality standards represent expectations for how a stream or river could be used under natural conditions. We believe that this authority formed the basis for the inclusion of Bald Eagle, Peltier, George Watch, Marshan and Centerville Lakes in the US Environmental Protection Agency's July 8, 2002 proposed Total Maximum Daily Load (TMDL) list (under Section 303(d) of the Clean Water Act) due to excess nutrients. In addition, Both Clearwater and Hardwood Creeks are also included in TMDL list because of impaired biota. The Rice Creek Watershed District (RCWD) Water Resource Management Plan states that lakes such as George Watch, Reshanau, Rice and Marshan Lakes should be considered Type 5 wetlands due to their shallow depths, organic bottom material and emergent vegetation. As a result the City views George Watch and Marshan Lakes as functioning properly within their wetland classification and believes they should be removed from the TMDL list. In the case of Centerville lake, approximately 150 acres are tributary to the 455 acre lake (see the enclosed Rice Creek Chain of Lakes Regional Park Reserve Map). The City believes that a lake occupying 75% of its total drainage area should not be on the TMDL list. The RCWD Plan states that Bald Eagle and Peltier lakes have significant potential for improvement. The City has little influence on the status of Bald Eagle Lake because the City does not have control of a significant drainage area to or surface area of it. RCWD has performed diagnostic /feasibility studies of Peltier Lake. This 465 acre lake sits within a relatively small subwatershed within the Upper Rice Creek Watershed. All of its shoreline in the City is also in the Chain of Lakes Regional Park. City activities contribute drainage impacts to Randeau lake which, in turn, drains into Peltier lake. City activities also contribute drainage impacts to Clearwater and Hardwood Creeks near their discharge points into Peltier lake. However, these contributions are dwarfed by the • nearly 100 square miles of drainage contribution to Peltier Lake from the rest of the Upper Rice Creek Watershed and from the remainder of the Clearwater and Hardwood • Creek watersheds (see the attached RCWD watershed maps of each of these areas). We look forward to the removal of George Watch, Marshan and Centerville lakes from the TMDL list. As a result of these analyses, the City believes that the TMDL program has little or no applicability to the City NPDES Phase II permit application. Sincerely, Michael Grochala Community Development Director Enclosures • • City of Lino Lakes Storm Water Pollution Prevention (SWPP) Program February 10, 2003 • • • A A A A A 9002 A GOOZ 9002 A t00Z £00Z p c C 0 .0 O U o • O C C C C C CT t0 a) O a) L o O L Q- t0 E > > o) C u) a) C N O tL0 E 0 rn U C 0.. a) N in 4_ (1) O L O O a g E0 Q Ti •Q 3 N 8i CO N c O — c N > jca) >coa0.. �i c (0 tU L (LA L a Q. L C E 0 0 "6 Q D- N O a)) O (0 tT a (0 CCLO L V >+ 'C a) L C 7 � c c '-.0 (1) a � Y co -O "d O O U O a) O N 0- W L C U E � O OCn C+-.Cn O C Q. V tZ O C L a) -O V U Q 0 5 - c0 5 (0 • N C C u) Q_ E c , c E E i0 E E �•�g L� o a) I) LL°-x 0(1) V (0 O (0 O N O (A c.� °o E °a u)) 05 Develop a web site for storm water education. 0 c (0 0) (1) C t0 E_ C > m 'C O U 5 2 E c Ea C O 0 0 a) U = O E a-4= N (T U N (0 > a) a) � Q a) 0) u) (6 Y •C O U 0)?'c a) ra 0 CO c a 0) C V) a) co Web Site Development Web Site Implementation E 0) O ^L LL 0 U � C wE Q- +. O C a) Q > E 0 E 0 0 a) O U (0 0 E (0 L Q) O ^L 0- (0 c 0 C O 0 (0 w E c E Q- E E 0 0 L a) 0 U (0 a sn-uw•sa)eI -ou 6617Z- LZbZ-Z 176099 e4oseuu!W saNe-i aopa)ia ivawdoianaa 11.13@ el Z96- -S9 86-t -S9 ouii 'Ae Al!unw goa6w - �! - xed auoyd M Jed )al w00 'Bley0 ew3 uaa umoi alp peg 0 009 iw • • • A A A A A A A ; 900Z 9 4 e {/jy�x A A SOOZ 5002 I A A VON £OOZ £OOZ Provide at least a 30 -day notice containing relevant information about the Program and the annual meeting. Notice should be distributed to the official city newspaper and to the MPCA, appropriate city and county officials and all other persons who have requested that they be informed of such public meeting. Evaluate public participation projects such as an adopt -a- lake or a student stormwater drain ctanrilinri it at least one of the Public Participation ogram Plans. Review and adopt recommendations from the Stormwater Advisory Committee. Finalize a plan to implement of at least two Stormwater Advisory Committee recommendations. Stormwater Advisory Committee Annual Storm Water Pollution Prevention Program Meeting Notice Public Action Participation Program Evaluation Public Action Participation Program Implementation Stormwater Advisory Committee Recommendations Stormwater Advisory Committee Recommendation Implementation y �.. w 0 so c „ ;:. sn.uw.se)iet- oum.!OJn ejeyoo,i6w - Iiew3 66tZ-Z86 -659 - xed LZVZ-Z86 -659 - auoyd 1,6089 e}osauu!W sale-lour] '/enoped JaTua3 uMol 009 JoloaJi Q luawdoiana4 A;iunwwoo `eleyoae I aeyoiW • • • A A A A 00Z A 900Z 900Z 17OOZ (J) a) u) a) a) -a o p O L (OL cu o • N v ( 0)a 'm 'C o 00)cOUa E c� EaQ ) C 'a) o L >, o (n "O a) ' ` N co �, U „, N a) c E E oU a) a) U a) .- a) • CO O` V) a) a) > co f0 U > a "- -0- (`� O V) 0) a Q •C a) 2 0 0 0 a) C C (0 U U L Q. 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O a LO C U C N a) v- 0 w- D E $2 C -0 C -C U 3 C (a c.) 0 (a ca U) a):3(' -n a)_ O. U 0 0 U y= 7 u) 0 0 0 O 0 0 0 (La U) CO 0 Q a) Q_'d .E Site Operator Requirements io@n eIeyow6w -view 96-659 - xe-j 6 -659 - auOyd ui1 'AeimJed Jaluaa !unwwoa 'eleyooao A A A t0OZ L (n c U 'N 0) c O -O (a • c 75. (a c(° E2L O _a• O C '`61 a) U O a O U V ) ) L C O 0 (1) a) c • L 0 U Na) 0 O L C (n 0 w- a) a) O 0 .2 c N Q p O >+ C 0 C m O W 0,0 .0 ++. 0 D! .� OU C O CO Construction Site Runoff Inspection Program m01 009 aeyoiw • • • F.wRrs nxr A A A A A A A A s i r ai A A A 9002 1700Z t700Z A 1700Z EOOZ Implement the Plan and Train Employees The necessary repair and maintenance should be completed in the same year as the inspection or, if impracticable, be incorporated into the next year's work plan. Such maintenance should be discussed in the NPDES Phase II General Permit annual report. Continue a priority and budgeting system for sweeping public parking lots and streets at least twice a year. _ Develop or refine standard construction requirements, access standards and maintenance easements, maintenance covenants including inspection, maintenance, repair and sweeping of parking lots and private roads at least twice a year and require reports for inclusion in NPDES Phase II General Permit annual reports. Also develop an inspection program. Train City employees to implement the Plan. Annual Water Resource Infrastructure Inspection Plan Implement Water Resource Infrastructure Inspection Plan Infrastructure Repair and Maintenance Public Parking Lot and Street Sweeping Privately Constructed Water Resource Infrastructure Performance Plan. Privately Constructed Water Resource Infrastructure Performance Implementation. gam= tAaq snvuw.so el-ou!I io ©eleyoa6w - llew3 660Z-Z96-659 - xed LZiZ-Z96-659 - auogd b1.05S elosauum saNei ou ' (en e JelL180 umo 1009 JopoaJia luawdoIanaa Iiunwwoa `eieyooao iaeyoiW • • • 900Z 9002 A 900Z b00Z b00Z a) W o -a a) ca. o 4- Z 0) _c N ` C a N >� O O Q) >caco N co -0 y >. o Q 0 C CO Q) Y O (a OU 4U-- .� U U J N C O Q - .� 0 O a) C �.r U N a) -c a) o) a C C 0 (a ca E (a— C U U 4) — -D •c (a C E N • N . C O O m 7 O0 a) > (0 >a c 4 o ���"(ti (a C 7 0 (a U N 0 — N E L 7 E, a) c c .2 EEc a) U p C U) D7 � U (a c .2 U in `O �-' C ca § c ca N E 0 0 E C C r-• "C U O 0 a) -0 a)a)o(nrn in (. U > 0 O c N` 0 p W O O) d0 C N N — O O O -o N O >N C ., 0 0 0) 0 C .0a) O m U 0 Q US X c - 0 '- c Q) _ 4) 0 ` O (a c E 0 D 0 0 . '-o �' U) U — w oE(aoo Runoff Volume and Rate Control Runoff Quality Control a) U c (a c_ 0 0 c (a (a C C O c (a o c w c O U c (a c 0) U) 0 Implement Ordinances and Procedures snruw•se ei- oupo�n eieyoOJ6W - pew] 66t7Z- 286-499 - Xed LZVZ -Z86 -499 - euoud p -0gg e;osauuiw Sa){ei oui1 '/emved Jatuaa umol 009 Jo}oa.ga }uawdoianea Atiunwwoa 'elet.poig palm • • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7B Tanda Gretz February 10, 2003 Second Reading of Ordinance No. 03 -03: Vacation of a portion of a drainage and utility easement for Lot 2, Block 2, Pheasant Hills Preserve 4th Addition Dale Vancil 1561 Merganser Court 3/5 vote Mr. Dale Vancil has submitted an application for the vacation of a portion of a drainage and utility easement on his property, located at 1561 Merganser Court, in the Pheasant Hills Preserve 4th Addition. Mr. Vancil is asking for the vacation of an approximately 295 sq.ft. area to the rear of his home so that he can construct a home addition and patio area. This matter came to the attention of City building inspectors when the applicant applied for a building permit. At that point, the applicant was advised that most of the backyard of the property was covered by a drainage and utility easement and that the proposed addition would encroach into the easement area and thus not be allowed. Since the area to be built upon was already sodded and did not appear to the applicant to be reasonably part of the wetland area, which he understood the easement area to protect, Mr. Vancil then contacted City Engineer Jim Studenski to ask for a vacation of the easement area. City Council February 10, 2003 Vancil Vacation • This report is based on the following exhibits: • • 1.) General Location Map 2.) Letter from Dale Vancil, dated January 6, 2003. 3.) Sketch & Description Survey for Lot 2, Block 2, Pheasant Hills Preserve 4`h Addition, by E.G. Rud Surveying, dated December 9, 2002. ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Sewered Residential R -1X Residential Single Family Executive West " " North " L` East `L " South G4 " The subject property is located in, and surrounded by, properties similarly guided and zoned. Also similar, the subject property and properties to the east of it all have large portions of their rear yards covered by drainage and utility easements, which protect a wetland area to their north. The easement area on the Vancil property, as noted on the final plat for Pheasant Hills Preserve 4th Addition, and defined by an upper threshold elevation of 902 feet (the 100 -year flood elevation), has been altered by grading at some point in the past. Existing site grading on the Vancil property, then, is different from what was indicated on the approved grading plan for the lot. Because the grading, and thus the elevations, on the lot have altered from the survey, the easement boundaries have also altered. Thus, there are areas on the lot, within the easement, which are now above the 902 -foot elevation threshold. Rice Creek Watershed has reviewed the final drainage plan for the site, and has approved the applicants plans for the proposed easement vacation, noting the following: • The low floor elevation of the proposed addition will be a minimum of two feet higher than the 100 -year flood elevation of the wetland. • The entire proposed project will take place within the area that has been sodded. • No fill from the proposed project is required. • No impact to the wetland. • • City Council February 10, 2003 Vancil Vacation City Engineer Jim Studenski has reviewed the site and is recommending vacation of the area noted on the attached survey, based on the fact that elevations are above the 902 -foot elevation threshold, and thus out of the 100 -year flood elevation, and that the vacation has Rice Creek Watershed District approval. CONCLUSION Although it is unclear when and why the approved grading plan for the subject lot was altered, what is clear is the fact that there are areas within the established easement area that are above the 902 -foot elevation which defines the 100 -year flood plain elevation. As a result, City staff is recommending the vacation of 295 sq.ft. portion of the easement area, with the condition noted below, in order that Mr. Vancil may construct an addition onto his home. Rice Creek Watershed has also reviewed and approved this vacation. 1.) All portions of the lot outside of the drainage and utility easement which are below the 902 -foot threshold elevation must be filled so that an elevation at or above 902 is achieved. OPTIONS 1.) Approve the proposed Vacation. 2.) Deny the proposed Vacation. 3.) Return to staff with direction. RECOMMENDATION Option #1 • CITY OF LINO LAKES ORDINANCE NO. 03-03 ORDINANCE VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT FOR LOT 2, BLOCK 2, PHEASANT HILLS PRESERVE 4TH ADDITION WHEREAS, the City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement, as shown on the Final Plat of Pheasant Hills Preserve 4th Addition, on property located at 1561 Merganser Court (Lot 2, Block 2, Pheasant Hills Preserve 4 Addition); and WHEREAS, a public hearing was held on January 27, 2003 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on January 14, 2003, and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and WHEREAS, it appears to be in the best interests of the City to vacate such a • ponding easement; and WHEREAS, four -fifths of all members of the City Council concur in this ordinance. NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. That a 295 sq.ft. portion of a drainage and utility easement, as delineated by the attached legal description (Attachment A), existing on property located at 1561 Merganser Court (Lot 2, Block 2, Pheasant Hills Preserve 4th Addition), as dedicated on the Final Plat of Pheasant Hills Preserve 4`h Addition, Anoka County, Minnesota, is hereby vacated. Section 2. That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. • • • • Section 4. All portions of the lot outside of the drainage and utility easement which are below the 902 -foot threshold elevation must be filled so that an elevation at or above 902 is achieved. Passed by the Lino Lakes City Council this 10th day of February, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • • ATTACHMENT A (TO ORD. 03 -03) LEGAL DESCRIPTION That part of Lot 2, Block 2, Pheasant Hills Preserve Fourth Addition, Anoka county, Minnesota, described as follows: Commencing at the southeast corner of said Lot 2, thence on an assumed bearing of North 00 degrees 00 minutes 00 seconds West, along the east line of said Lot 2, a distance of 72.24 feet; thence North 31 degrees 20 minutes 43 seconds West, a distance of 45.0 feet; thence South 76 degrees 53 minutes 01 second West, a distance of 25.18 feet to the point of beginning of the parcel to be described; thence continuing South 76 degrees 53 minutes 01 seconds West a distance of 39.82 feet; thence North 64 degrees 18 minutes 59 seconds West, a distance of 23.68 feet; thence South 88 degrees 50 minutes 00 seconds East, a distance of 60.14 feet to the point of beginning. • • AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 10, 2003 TOPIC: SECOND READING: Ordinance No. 04 -03 Subdivision Ordinance VOTE REQUIRED: 3/5 BACKGROUND The City Council approved the first reading of Ord. 04 -03 on January 27. Several revisions were included in the January 27 staff report and have been added to the text of the document. Other revisions address questions raised by the City Council. The attached pages include the changes, with each change noted with an X in the margin. • page 1001.2: Additional rule regarding "shall, ", "must," and "may." • pages 1001.3 — 1001.11 Definitions: The definitions have been reconciled with the definitions in the new zoning ordinance. • pages 1002.3 — 1002.5: Level of service requirements have been revised to address questions raised by the City Council. • page 1004.8 and 1004.9: Clarifications or additions to submittal information requirements. • page 1005.6: Clarify "sanitary" sewer. • page 1006.1: Clarification that minor subdivisions can be done only to create residential property. • page 1006.4: Text added to require reports on minor subdivisions "as they occur" rather than on a "periodic" basis. • page 1007.2: - Wetland easements cannot make up minimum buildable lot area. -Added text: lots must have full frontage on an "improved" street, except for multi - family development or planned developments with private drives. • page 1007.9: Correction: easements shall have continuity of alignment. • page 1009.4: Clarification of what trees must be replaced. • page 1010.3: Delete text "and prior to approval of the final plat" to reflect policy of allowing grading after preliminary plat. Also attached is an excerpt from a report that lists the definitions of the levels of service for roadways. • OPTIONS 1. Approve the second reading of Ordinance 04 -03, with the revisions attached to this report and listed above. 2. Return to staff with direction. RECOMMENDATION Option 1 • • DECEMBER 19, 2002 revised February 3, 2003 LINO LAKES CHAPTER 1000 SUBDIVISION AND PLATTING • AN ORDINANCE AUTHORIZING THE ADOPTION OF PROCEDURES FOR SUBDIVISION AND PLATTING OF LAND, PROVIDING FOR THE ORDERLY, ECONOMIC AND SAFE DEVELOPMENT OF LAND, AND PROVIDING FACILITIES TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE INCORPORATED AREA OF LINO LAKES. • • • • SECTION 1001: TITLE AND APPLICATION 1001 -1 TITLE This Ordinance shall be known as the Lino Lakes Subdivision Ordinance, and will be referred to herein as the Ordinance. 1001 -2 PURPOSE The Council being aware of the responsibility which they have for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of this community, deem it necessary to provide regulations for platting and subdividing of property within the City which will prevent, as far as possible, the uses of land which are not feasible, the location of streets where such location does not fit the overall pattern of the City, the general design of the proposed building lots in any platted area which might prevent compliance with the Building Code, Zoning Ordinance, or other regulations of the City in the future, and to make all subdivisions of property conform as nearly as possible with a future overall plan, does hereby order that all subdivisions hereafter planned within the limits of the City shall, in all respects, fully comply with the regulations hereinafter set forth. 1001 -3 JURISDICTION The provisions of this Ordinance shall apply to all lands within the incorporated boundaries of Lino Lakes. 1001 -4 PLATTING AUTHORITY The Lino Lakes City Council shall serve as the platting authority of the incoFpe e£l- area: -e tie City in accordance with Minnesota Statute Chapters 462.358, as may be amended. No plat or replat shall be filed or accepted for filing by the Office of the Anoka County Recorder or Registrar of Titles unless adopted by the affirmative vote of the majority of the members of the City Council approving such plat or replat. 1001 -5 POLICY 1. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the plat as subject to the control of the City 1001.1 Lino Lakes Subdivision Ordinance Title and Application pursuant to the Lino Lakes Comprehensive Plan for the orderly, planned, efficient and economical development of the City. 2. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health from fire, flood, or other menace. Land shall not be subdivided unless proper provisions have been made for drainage, stormwater management, wetland protection, potable water, domestic waste water, streets, and capital improvements such as parks, recreation facilities, transportation facilities, stormwater improvements, and any other necessary improvements. 3. The existing and proposed public improvements shall conform to and be properly related to the Comprehensive Plan, Transportation Plan, Local Water Management Plan, and the Capital Improvement Plan of the City. 4. The provisions of this Chapter are in addition to and not in replacement of provisions of all Building Codes and the zoning regulations. Any provision of the Building Code and zoning regulations shall remain in full force and effect except as may be contradictory to the provisions hereof. Where any provision conflicts with other provision, the most restrictive provision shall be applied. 1001 -6 APPLICATION OF RULES The language contained in this Ordinance shall be interpreted in accordance with the following rules of construction as applicable: 1. The singular includes the plural and the plural the singular. 2. The present includes the past and future tenses, and the future tense includes the present tense. 3. 3. The words "shall" and "must" are mandatory while the word "may" is permissive. 4. The masculine gender includes the feminine and neuter genders. 45. Whenever a word or term defined hereinafter appears in this Ordinance, its meaning shall be construed as set forth in such definition. 66. In the event of conflicting provisions, the more restrictive shall apply. 1001.2 Lino Lakes Subdivision Ordinance Title and Application • 67. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirement for the promotion of health, safety, and welfare. 1001 -7 DEFINITIONS For the purpose of this Ordinance the following definitions have the meaning given them solely for the purposes of implementation of this Ordinance: Alley - A public right -of -way which affords a secondary means of access to abutting property Applicant — The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this Ordinance are being considered or reviewed. Best Management Practices (BMPs) —Best management practices as described in current Minnesota Pollution Control Agency's manual and other sources as approved by the City. Block - An area of land within a subdivision which is entirely bounded by streets or by a combination of streets, railroad right -of -way, or public parks, the exterior boundary or boundaries of the subdivision, or the shoreline of the above with a lake, stream, or river. Boulevard - That portion of the street right -of -way between the curb line or edge of pavement and the property line. Boundary Lines — Lines indicating the bounds or limits of any tract or parcel of land. Buffer Yard — A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. Build Out Plan (Ghost Plat) — A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks, and utility systems for oversized lots, outlots, or undeveloped land within or adjoining a preliminary plat. Buildable Land — Contiguous land area occurring within the property lines of a parcel of lot excluding d tge wetlands, and /or water courses , park land, road rights of way, and i;lopes in excess of eighteen (18) percent. 1001.3 Lino Lakes Subdivision Ordinance Title and Application Building Line — Also referred to as a setback line, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities. Capital Improvement Plan - An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the government, and such other information on capital improve- ments as may be pertinent. Certificate of Survey — A land survey prepared by a land surveyor registered in the State of Minnesota with a certification that the information on the land survey is accurate. Common Open Space - Any open space including parks, nature areas, playgrounds, trails and recreational buildings and structures owned in common by a group of property owners. Community Water and Sewer Systems - Utility systems serving more than one building or lot. Comprehensive Plan - The Lino Lakes Comprehensive Plan. Condominium A :fog ef- id-ual -owner ,l-+ip-- w.ith.in a multi unit building with joint responsibility for maintenance and repairs. In a condominium, each unit is under separate . ill-Multiple family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes sections 515.01 through 515.29. Conservation Development - The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space. Contour Map — A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines. Critical Root Zone (CRZ) — An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. Cul -de -sac - (See Street) 1001.4 Lino Lakes Subdivision Ordinance Title and Application • • • Design Standards — The specifications for the preparation of £ ;ketchconcept plans, preliminary plats, and final plats indicating, among other things, the optimum minimum or maximum dimensions of such features as rights -of -way and blocks, as set forth in this Chapter. Developer - A person who submits an application for the purpose of land subdivision as defined herein. The developer may be the owner or authorized agent of the owner of the land to be subdivided. Diameter at Breast Height — The diameter of a tree measured at diameter breast height (four and one -half (4.5) feet from the uphill side of the existing ground level). If a tree splits into multiple trunks below four and one -half (4.5) feet, then the trunk is measured at its narrowest point beneath the split. Drip Line — The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree or one (1) foot per one (1) inch of diameter, whichever is greater. Easement — A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or person, for a specific purpose or purposes. 1Etigirtee-F—Ari-eRgifieef-employecl—hy4he City. Escrow - The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this Ordinance. Filter Strip — A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area where vegetation is established and maintain as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater. Financial Guarantee — A financial security consistent with Section 1011 of this Ordinance, posted with the City with the approval of a final plat, guaranteeing compliance with the approved final plat, construction plans, and conditions of approval set forth by the City. Frontage The; idth f- l t- or- buikling4te- mein. &etree# -owtik4in se•;parat ng it-from- a- puhhlie street right of way. see Lot, Frontage Grade, Percentage of - The rise or fall of a street in feet and tenths of a foot for each one hundred (100) feet of horizontal distance measured at the center line of the street. 1001.5 Lino Lakes Subdivision Ordinance Title and Application • • High Water Level - The water level in a watercourse which could be predicted to occur as a result of the critical 100 -year runoff event using U.S. Department of Agriculture Soil Conservation Service methodology, as approved by the City. Improvement, Public - Any drainage facility, street, parkway, park, lot improvement or other facility for which the local government may ultimately assume the responsibility for main- tenance and operation, or which may affect an improvement for which City responsibility is established. Land Disturbance - Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. identification number. gle legal description and single tax parcel Lot, Lot of Record. A contiguous parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "parcel." Lot. Corner A lot or lots within a plat and situated at the corners thereof so that they are bounded on two sides by streets. This terra applies to any lot within the plat at street mterse ) ;-- and -bou d d- e+, - -twc ides by street- Lot, Double Frontage A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. Lot. Flaw A let u.ithout4he teEhrire4401l- let- w= idth -on-a fE4ie- Foadway and with access to easement, Lot Line A property line bounding a lot except that where any portion of a lot extends into av- Lino Lakes Subdivision Ordinance 1001.6 Title and Application • Lot Width The horizontal distance between the side lot lines of a lot measured at the 13u lcking setback. line, location of the pr }pal -1 illing -and, i:f- appl' , . • y high water level. For corner lots, lot width shall be determined by measuring the horizontal Lot Area. The total area within the lot lines of a lot measured in a horizontal plan. Lot, Base. Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or townhome subdivision. Lot, Corner. A lot situated at the junction of and abutting on two (2) or more intersecting street; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty -five (135) degrees or less. Lot Depth. The mean horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right -of -way within the lot boundaries. Lot, Double Frontage. A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. • Lot, Flag. A lot that has access to a public street via a narrow strip but does not have the full required frontage on a public street. Lot Frontage. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street. Lot, Interior. A lot, other than corner lot, including through lots. Lot Line. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to he the street or alley right -of -way. Lot Line, Front. The lot line separating a lot from the street right -of -way along the lot frontage. Lot Line, Rear. The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this Ordinance, the rear lot line of a triangular lot shall be a line entirely within the lot at least ten (10) feet long and parallel to and most distance point from the front lot line. If the front lot line on such a lot is curved, the rear lot line shall be parallel to a line tangent to the front lot line. 1001.7 Lino Lakes Subdivision Ordinance Title and Application • Lot Line, Side. Lot lines extending away from the lot frontage, which connects the front and rear lot lines. Lot, Through. A lot fronting on two parallel streets. Lot, Triangular. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line. Lot, Unit. Lots created from the subdivisions of a two family dwelling or townhome having different minimum lot size requirements than the conventional base Lots within the zoning district. Lot Width. The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul -de -sac, the lot width is measured along a line parallel to a tangent to the front lot line. Metes and Bounds - A method of property description by means of their direction and distance from an identifiable point of beginning. • Minor Subdivision — A subdivision which results in three (3) or fewer parcels, tracts, or lots from one (1) or two (2) existing parcels, tracts, or lots. (See Sec. 1006 -2 for qualifications.) I Normal Water Level — A level of water in a watercourse when the watercourse is not in the process of receiving or discharging storm water runoff. The normal water level will typically be the outlet elevation of a pond, lake, or other standing water body. Outlot - A parcel of land shown on a subdivision plat as an outlot, and designated alphanumerically, (for example - Outlot A.) Outlots are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer's agreement or other agreement between the City and the developer. Ordinary High Water Level (OHWL) — The boundary of public waters and wetlands as determined by the Minnesota Dept. of Natural Resources: an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Owner - Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land. 1001.8 Lino Lakes Subdivision Ordinance Title and Application • • Pedestrian and/or Bicycle Trail — An easement or land dedication given to the City for the purpose of providing walking and/or bicycling areas to City residents. The trails shall provide recreational opportunity and also access to parks, natural areas, and public land in accordance with the City's adopted trail plan. Plat The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statute 505, as may be amended. Plat, Final - The final map or drawings and accompanying material described in Section 1005 of this Ordinance on which the developer's plan or subdivision is presented to the City Council for approval and which, if approved, will be submitted to the Office of the City Recorder or Registrar of Titles for filing. Plat, Preliminary - The preliminary map or drawings and accompanying material described in Section 1004 of this Ordinance indicating the proposed layout of the subdivision to be submitted to the City for their consideration for compliance with the Comprehensive Plan, the Zoning Ordinance, and these regulations along with required supporting data. Protective Covenant - A restriction of the use placed upon the property by a present or former owner and recorded in the Office of the City Recorder or the Registrar of Titles. The City will not be responsible to enforce private protective covenants. Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of Registered Land Survey Number. Registered Land Surveyor - A land surveyor licensed and registered in the State of Minnesota. Resubdivision - A change in an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved for public use, or any lot line or if it affects any map, or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Right -of -Way - A strip of land occupied or intended to be occupied by a street, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term right -of -way for land platting purposes shall mean that every right -of -way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of -way and not included within the dimensions or areas of such Lots or parcels. Right -of -way intended for streets, water main, sanitary sewers, storm drains, or any other use involving maintenance by a 1001.9 Lino Lakes Subdivision Ordinance Title and Application • • public agency shall be dedicated to public use by the recording of the plat on which such right -of -way is established. Road Right -of -Way Width - The horizontal distance between the outside edges of a road right -of -way. Setback - The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. Shoreland - Land located within the following distances from public waters: one thousand (1000) feet from the ordinary high water level of a lake, pond or flowage and three hundred (300) feet from a river or stream or the landward extent of a floodplain designated in Chapter 1102 of the City Code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. Significant Tree — See definition of Tree. Specimen Tree — See definition of Tree. Street - A right -of -way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private; ingress and egress easements shall not be considered streets. city streets shall be categorized Tay Street, Cul de Sac — A local street, one end of which is closed and consists of a circular turn around. Street Pavement Width - The width of the improved surface of the street as measured at right 1 angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder. Subdivision - The creation of one or more lots under the provisions of this Ordinance orf any division of an existing lot. Tree — Any of the following type of trees, as each is defined herein: Lino Lakes Subdivision Ordinance 1001.10 Title and Application • • 1. Coniferous Tree. A woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year round. 2. Deciduous Tree. A woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. 3. Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for deciduous trees, or a minimum of twelve (12) feet in height for coniferous trees. 4. Significant Tree Stand. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying five hundred (500) or more square feet of property, which are comprised of deciduous trees six (6) inches or larger in diameter or coniferous trees twelve (12) feet or higher in height. 5. Specimen Tree. A healthy hardwood tree measuring equal to or greater than thirty (30) inches in diameter and/or a coniferous tree measuring fifty (50) feet or greater in height. Tree Certification — A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect. Tree Preservation Plan — A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The tree preservation plan shall include the size, species, tag numbers, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. Watercourses — Any natural or man-made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers. Zoning Ordinance - The Lino Lakes Zoning Ordinance No 9 -97, as may be amended, regulating the use of land within the incorporated boundaries of Lino Lakes. 1001.11 Lino Lakes Subdivision Ordinance Title and Application • • 6. Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots, any one of which is less than twenty (20) acres or five hundred (500) feet in width. 7. A minor subdivision as allowed by the terms of this Ordinance. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this Ordinance shall forfeit and pay to the City a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 1002 -4 BUILDING PERMITS No building permit shall be issued by the City with respect to any land, parcel or lot until the provisions of this Ordinance in regard to the subdividing of property have been met. 1002 -5 VARIANCES The City Council may approve variances from the requirements of this Subdivision Ordinance. All variance requests from these subdivision regulations shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may be amended. 1002 -6 PREMATURE SUBDIVISION Any sketchconcept plan, preliminary plat, final plat deemed premature pursuant to the following criteria shall be denied by the City Council: 1002 -6 -1 Conditions for Establishing a Premature Subdivision A subdivision may be deemed premature should any of the following conditions not be met: 1. Consistency with the Comprehensive Plan including any of the following: a. Land use plan. b. Transportation plan. Lino Lakes Subdivision Ordinance 1002. 2 General Provisions • • c. Utility (sewer and water) plans. d. Local water management plan. e. Capital improvement plan. f. Growth management policies including MUSA allocation criteria. 2. Consistency with Infill Policies. A proposed urban subdivision shall meet the City's infill policies: a. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the City's Comprehensive Plan. b. The cost of utilities and street extensions must be covered by one or more of the following: (1) An immediate assessment to the proposed subdivision. (2) One hundred (100) percent of the street and utility costs are privately financed by the developer. (3) The cost of regional and/or oversized trunk utility lines can be financed with available City trunk funds. (4) The cost and timing of the expenditure of City funds are consistent with the City's capital improvement plan. c. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the Water and Sewer Rate Study. d. The developer payments will offset additional costs of utility installation or future operation and maintenance. R-o:ads -orr Flfghwa s -t - Ser=e: the- S-ulxlivi on,-- A-pr-�3fx *d -s bdiA4smr� s;# 11 -luwe adequate--roads-or highways when: a. Roads or-highways- pi idfxg aeec :s- to--a div sietr are funet-ienix g-at-a level of service -(I - S) C or better, a.;- t1€nied -1 the 1997 Highway- Qapaeit -y . .. . level of service outside of the proposed subdivision a level worse than the ex,-- istfng- -17cvei- o1- serv4ee. (Le -vel -- }f-- se�rviec�. as-define-E- by the 4 ighw.av Gapacitl Manual.) Lino Lakes Subdivision Ordinance 1002.3 General Provisions • • b. Traffic generated by a proposed subdivision will maintain the levels of service (LOS-) of any street providing access to the, subdivision to a LOS C or better, as defined by the 1997 Highway Capacity Manual.The existing subdivision. If the existing level of service is E or F, the subdivision de v lopes u: st- provide, as-part-of-the posed roice —it provement& needed to enure a level of service D or better. c. Existing roads i}r'ovidirtg access to the subdivision have rh {, sr„�c t, +gal capacity to aee,onimedate projected-traffic-from the-proposed sub developer will pay to correct any structural deficiencies. d. The traffic generated from a proposed subdivision shall not require City street improvements that are irx:or r4' -w+th the-,r e no Lakes Capital Improvement Plan or the developer shall pay to correct any street deficiencies. 3. Roads or Highways to Serve the Subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by aproposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for any street providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Lino Lakes Subdivision Ordinance 1002.4 General Provisions g. Improvement Plan. However, the City may, at its discretion. consider developer- financed improvements to correct any street deficiencies. The LOS requirements in paragraphs a. to d. above do not apply to I -35W or I -35E interchanges. Interchange impacts must he evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation. 4. Water Supply. A proposed subdivision shall be deemed to have an adequate water supply when: a. The City water system has adequate wells, storage, or pipe capacity to serve the subdivision. b. The water utility extension is consistent with the Lino Lakes Water Plan and offers the opportunity for water main looping to serve the urban subdivision. c. The extension of water mains will provide adequate water pressure for personal use and fire protection. d. Rural subdivision can demonstrate that each of the proposed lots can be 4111 provided with a potable water supply. • 5. Waste Disposal Systems. A proposed subdivision shall be served with adequate waste disposal systems when: a. The urban sewered subdivision is located inside the City's MUSA andor is consistent with the MUSA allocation criteria. b. The City has sufficient MUSA ()rand pipe capacity to serve the subdivision if developed to its maximum density. c. The subdivision will result in a sewer extension consistent with Lino Lakes Sewer Plan and Capital Improvement Plan. d. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system. e. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. 1002. 5 Lino Lakes Subdivision Ordinance General Provisions • • • The Community Development Department shall review the preliminary plat and shall determine if the project crosses any mandatory thresholds for an Environmental Assessment Workshop (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area -Wide Review (AUAR) is required pursuant to Minnesota Rules. If such documents are required, the Community Development Department shall notify the developer of the requirement. An escrow deposit in addition to the standard requirements shall be submitted by the applicant to cover City costs reviewing and administering an EAW. 1004 -1 -9 Additional Information Required 1. Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Ordinance. 2. Phasing Plan. All preliminary plats shall include, if applicable under the growth . management policy, a phasing plan that includes: a. A phasing plan identifying the sequence of development and approximate areas, number of lots in each phase, total area and buildable area per phase, serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each. Each phase of a preliminary plat shall be consistent with growth management criteria of the City. b. Any trail /sidewalks within the approved phase of the preliminary plat shall be constructed along with streets and utilities and shall be clearly marked on a site map which shall be an attachment to all sales agreements for individual lots. c. A site grading plan that is coordinated with the phasing plan to avoid premature disruption of land or long term storage of excess materials. Plans for the construction of streets and facilities for sanitary sewer and water also must take into consideration the phasing plan. d. A development agreement that includes a financial security to ensure completion of common facilities, trails, and landscaping shall be provided. 3. Documents outlining the content of proposed conservation easements, restrictive covenants, deed restrictions, and establishment of homeowners associations for 1004.8 Lino Lakes Subdivision Ordinance Preliminary Plat • • • review. Where the plat is intended to include common open spaces, these documents shall address ownership and long term maintenance of these open spaces areas. 4. Information or easements showing how public and/or private utilities, drainage, and roads can be extended to serve adjacent property. 5. Landscape and screening plans showing landscape plantings for street boulevards, subdivision entrances, and buffer yards, and specifying plant locations, varieties, sizes, including elevations of monument signs and the location, ownership, and maintenance responsibilities, anclof the monument signs. 6. existing streets at the subdivision build ---4tu Traffic study for the subdivision including existing and projected traffic generation, distribution, capacity of existing streets, and levels of service. Projections shall include conditions both with and without the project. 7. Documentation that the Rice Creek Watershed District has issued a TWAFAA (tabled with authorization for administrative action). Documentation of VLAWMO review and approval where applicable. 8. Examples of Housing Product. Illustration of building footprint, floor plans, and building elevations. 9. Soil tests for areas where streets or site septic systems are proposed and other soil information as requested by the City and as required by the City Code. 10. Three (3) copies of a wetland replacement plan, as submitted to Rice Creek Watershed District or VLAWMO, shall be provided (if applicable). 11. The preliminary plat submittal must include a build out plan (ghost plat) illustrating a realistic future urban lot and block layout and street system in the following situations. Development represented by this ghost plat must be consistent with the future land use as depicted in the Comprehensive Plan. a. If the plat application includes only part of the tract owned or intended for development by the subdivider, a ghost plat for the remaining land shall be submitted. b. If the proposed development would fully or partially isolate adjacent land such that development of the adjacent land would in.volve access through the Lino Lakes Subdivision Ordinance 1004.9 Preliminary Plat • • This paragraph applies only when the preceding phase consists of forty (40) or more lots. ch. City Attorney approval of the status of title /property ownership related to the final plat. de. Completed development contract including all required financial securities and timeframe for final plat and final grading completion. ed. Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate. fe. All fees, charges, and escrow related to the preliminary or final plat shall be paid in full. 3. The City Council shall act on the final plat by motion. The motion shall include findings of fact supporting the approval or denial, and shall be entered in the proceedings of the City Council. The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application. 4. No site work, including grading, shall be allowed until final plat approval and rec r 4 Sanitary `sewer, water, and streets shall only be installed in the area included in thepoved final plat. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until: approval of a final plat, and approval of a development agreement for the sewer, water, and streets, and recording of the agreement. 1005 -3 FORM AND CONTENT The final plat shall be of the form and content as prescribed in the Minnesota Land Surveyors Association Plat Manual of Minnesota Guidelines, as may be amended, and by State Statute. 1005 -4 RECORDING If- the-fi tal plat --an l- le el#)pment-- contract- r4 -appf ev hy- the -Cityy Ceuneil; the- developer - shall- reeerd the -plat a develo T t- ell4Fact within ninety (90)-c tys -ahe heflate of- appfovab, e-thefwi7e the extension from the City Council. 1. After approval of the final plat by the City Council, the developer shall submit three (3) mylar copies of the final plat and one (1) electronic copy in a format compatible with the • City's computer system. Lino Lakes Subdivision Ordinance 1005.6 Final Plat • • • SECTION 1006: MINOR SUBDIVISIONS 1006 -1 APPLICATION The provisions of this section shall apply only to those subdivisions classified as minor subdivisions. 1006 -2 QUALIFICATION The following sl&imav be considered a minor subdivision. In the event circumstances warrant platting of the following minor subdivisions, the City Zoning Administrator may require the subdivision to be processed as a plat in accordance with Section 1004 and 1005 of this Ordinance. 1. A subdivision which results in three (3) or fewer parcels, tracts, or lots from one (1) or two (2) existing parcels, tracts or lots, within unsewered residentalareas of the City and Wit-l}ir e+r }mercial or industrial zenin-g-districts. 2. Subdivision of sewered residential lots shall be platted in full compliance with Sections 1004 and 1005 of this Ordinance and therefore it is not a minor subdivision. The exchange of abutting landbe - ecn owners t rough4 e-Fe- do 3. The exchange of abutting land between owners through the relocation of the boundary line between two abutting, existing parcels of property. ineligible fora subsequent minor subdivision within five (5) years of the initial appfe' ah 4. The creation of a new non- residential lot shall require a plat in compliance with Sections 1004 and 1005 of this Ordinance and therefore is not a minor subdivision. 1006 -3 FILING AND REVIEW OF APPLICATION Whenever any subdivision of land as outlined in Section 1006 -2 is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or his authorized agent, shall file an application and secure approval of a minor subdivision. 1006.1 Lino Lakes Subdivision Ordinance Minor Subdivisions • • a. The Community Development Director may approve the minor subdivision with conditions that must be met to insure the minor subdivision is compliant with the regulations of the Lino Lakes Subdivision and Zoning Ordinances, as may be amended, and other applicable requirements. b. The Community Development Director shall prepare findings and deny a subdivision if the minor subdivision is found to be premature as defined by the criteria of Section 1002 of this Ordinance or fails to comply with regulations of the Lino Lakes Subdivision and Zoning Ordinances, as may be amended, or other applicable requirements. 6. Decision Appeal. The applicant may appeal a minor subdivision denial following the procedures outlined in Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance. 7. Prior to certification by the City of the approval of the minor subdivision, the applicant shall supply the deed(s) granting to the City the lot line easements required in Section 1006- 3 -1.p. above. 1006 -5 RECORDING If the administrative subdivision is approved by the Community Development Department, the applicant shall record the deed, and the accompanying survey, in the Office of the Anoka County Recorder within sixty (60) days after the date of approval, otherwise the approval of the administrative subdivision shall be considered void. 1006 -6 REPORTS TO CITY COUNCIL. The Community Development Department shall provide to the City Council periodic reports summarizing submitted minor subdivision applications and outcomes regarding approval or denial as they occur. 1006.4 Lino Lakes Subdivision Ordinance Minor Subdivisions • • • SECTION 1007: DESIGN STANDARDS 1007 -1 CONFORMITY WITH THE COMPREHENSIVE PLAN AND ZONING ORDINANCE A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the City, and to the Lino Lakes Zoning Ordinance, as may be amended. 1007 -2 LAND REQUIREMENTS 1. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, adverse soil conditions, rock formations, or wetlands. 2. Proposed subdivisions shall be coordinated with surrounding properties and/or neighborhoods, so that the City as a whole may develop efficiently and harmoniously. 1007 -3 BLOCKS 1. Length. The maximum length of blocks shall be one thousand five hundred (1,500) feet and the minimum length four hundred (400) feet. Blocks over nine hundred (900) feet long may require pedestrianways at least ten (10) feet wide at their approximate center. The use of additional pedestrianways to schools, parks, and other destinations may be required. 2. Arrangement. A block shall be so designed as to provide two (2) tiers of lots unless it adjoins a major collector or an arterial street or where topographic or other conditions render the block arrangement unreasonable. 3. Block Depth. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth, except where topography or other conditions render the block depth unreasonable. 1007 -4 LOTS 1. Area. The minimum lot area, width and depth shall not be less than that established by the Lino Lakes Zoning Ordinance in effect at the time of adoption of the final 1007.1 Lino Lakes Subdivision Ordinance Design Standards plat. Minimum lot area for urban lots shall consist of buildable land exclusive of utility transmission easements or water course easements that encumber lot development. 2. Corner Lots. Comer lots for residential use shall have additional width to permit appropriate building setback from both streets and a side yard buffer yard where the side yard abuts a collector or arterial street as required in the Lino Lakes Zoning Ordinance. 3. Side Lot Lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. 4. Width. Every lot must have the minimum width measured at the minimum front yard setback and at the setback from the OHWL of an abutting lake or stream and extending to the location of the principal building. All lots shall have full frontage on a public street. 5. Lot Frontage. All lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback, except multi - family or planned unit developments that provide access via private roads or drives. Flag lots are prohibited. 6. Urban Single and Two Family Lot Access. All new single and two family urban lots shall be designed to receive access from a local street. Direct lot access from an arterial or major collector street for these urban lots shall be prohibited. 7. New commercial, industrial, and multiple family lots fronting on an arterial or major collector street shall be designed to minimize the number of direct access points through the following methods listed in preferential order. If the highest preference is not possible, the next preference shall be utilized until an access method is possible. a. Access from a local street. b. Frontage road serving multiple properties. c. Frontage driveway or connected parking lot with cross easements serving multiple properties. d. Shared driveways. 1007.2 Lino Lakes Subdivision Ordinance Design Standards • maintenance of drainage systems. Where necessary, drainage easements e-errespei}t#ii : - d. Such easements for drai•ie 1. Lot Lines. Drainage and utility easements at least ten (10) feet wide shall be provided on all lot lines (see diagram below). These easements may be centered on common rear and side lot lines. At a minimum, these easements shall be ten (10) feet wide along all lot lines on streets and along all boundaries with land not being developed. The easements shall behave continuity of alignment from block to block. At deflection points, an easement for a pole line anchor shall be provided where necessary. s r e e r 9 h 0 f w a y streetlight of way 10 ` { i 10 i 10 s —1 i • f j 10 1 19 �f f: if q5 5f 10 1 fsi Efs� 4 i 15 _ j i ___ "rni i ! i 10 i i i 10 Iasi 155 1 `95 110 i I i . 1 `.__ __. _1 l_ _- __.._. .__I i__.....__...- _..._...i _ __..__.._.. 10 10 10 10 street righ of way /.NNNNNV+v+NNNN Nv+N NNNNNNNNN NNNNJ J+NNNNNMNNNNNNNNJ.NNNNNNNNNNNNJ I.NNNNNNJ I.NNNNNNJ /.NNNNNv +J HNNNNNNJ /.NNNNNNJ �NMNNNNY ♦+NNNNNN� .�NNNNNNJ J.NNNNNN.I ++NNNNNNN /�NNNNNN.I ./�NNNNNNJ /.NNNN r+NNNNNNNNNN N V �iINN� V+V.iIN V.NJ�r+✓NNN M../.J TNN,l.NNNN V� NNN..I+N�N./.� W N.ANNNNNNMJ undeveloped land s t r e e t r 9 h t 0 f w a y 2. Drainage Channels. Easements shall he provided along each side of the centerline of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, 1007.9 Lino Lakes Subdivision Ordinance Design Standards 10 10 10 10 11 1 1 E 1 fsi Efs� 15 110 10 "rni 10 10 /.NNNNNV+v+NNNN Nv+N NNNNNNNNN NNNNJ J+NNNNNMNNNNNNNNJ.NNNNNNNNNNNNJ I.NNNNNNJ I.NNNNNNJ /.NNNNNv +J HNNNNNNJ /.NNNNNNJ �NMNNNNY ♦+NNNNNN� .�NNNNNNJ J.NNNNNN.I ++NNNNNNN /�NNNNNN.I ./�NNNNNNJ /.NNNN r+NNNNNNNNNN N V �iINN� V+V.iIN V.NJ�r+✓NNN M../.J TNN,l.NNNN V� NNN..I+N�N./.� W N.ANNNNNNMJ undeveloped land s t r e e t r 9 h t 0 f w a y 2. Drainage Channels. Easements shall he provided along each side of the centerline of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, 1007.9 Lino Lakes Subdivision Ordinance Design Standards 6. The financial security will be released upon: a. Certification in writing by the forester or landscape architect indicating that the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary. These must be confirmed by the City. b. The home builders having posted a security for the custom graded lots. 1009 -2 TREE REPLACEMENT 1. Subdividers and/or home builders shall be required to replace significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. The subdivider and home builder shall be required to replace Eeach significant tree that was supposed to be saved but was destroyed or damaged shall be replaced with two (2) replacement trees. 2. Replacement trees shall consist of nursery stock and be no less than the following sizes: a. Deciduous Trees: No less than two and one -half (2.5) inches in diameter. b. Coniferous Trees: No less than six (6) feet high. 3. Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following table: a. Deciduous Trees: Maple Oak Linden Ash Honeylocust Birch Hackberry b. Coniferous Trees: Fir Red Pine White spruce Eastern red cedar Black Hills spruce White pine Austrian pine Northern white cedar 1009.4 Lino Lakes Subdivision Ordinance Improvements • s • 1010 -4 IMPROVEMENT FINANCING All public improvements for new subdivisions shall be financed and secured in accordance with public improvement financing policies of Lino Lakes, as may be amended. 1010 -5 UTILITY AREA AND UNIT CHARGES The following utility area and unit charges shall be collected with any new subdivisions in accordance with the public improvement financing policy of Lino Lakes, as may be amended: 1. Trunk sewer area and unit charges. 2. Trunk water main area and unit charges. 3. Surface water management planning (SWMP) and storm sewer trunk (SST) charges. 1010 -6 DEVELOPMENT AGREEMENT Prior to iiistallationcommencing grading or the installation of any required improvements and prior to approval of the-final-plat, the developer shall enter into a written development agreement in writing with the City requiring the developer to furnish., and construct, and complete saidyrading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the agreement shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required. Approval of the development agreement shall be by City Council resolution. For a project involving a phasing plan, the initial development agreement shall allow for grading, wetland mitigation. and installation of stormwater management facilities on the entire site included in the approved preliminary plat. Such work may begin after approval of the preliminary plat but only after approval, execution. and recording of the development agreement. Such work must comply with the approved grading plan. The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. Each subsequent phase shall require a separate development agreement for improvements beyond those covered in previous agreements. Improvements in each phase shall not begin until the final plat for that phase is approved and the development agreement for the phase is approved, executed, and recorded. 1010.3 Lino Lakes Subdivision Ordinance Improvements • Level of Service Defined Future traffic operations are analyzed in this report in terms of levels of service. Level of service (LOS) is an estimate of the quality and performance of transportation facility operations. Highway Capacity Softward (HCS) using methodology outlined in the 2000 Highway Capacity Manual (HCM) is commonly used to determine LOS. The degree of traffic congestion and delay is rated using the letter "A" for the least amount of congestion to the letter "F" for the highest congestion level (i.e., LOS A through LOS F). The following categories provide general descriptions of the different levels of service defined in the HCM: • LOS A represents a free -flow condition. Travel speeds are at or near the speed limit and little to no delay exists. Freedom to select desired speeds and to make turns and maneuver within the traffic stream is very high. Average delays experienced at unsignalized or signalized intersections are less than 10 seconds per vehicle. • LOS B represents a zone of stable flow. Drivers still have reasonable freedom to select their travel speeds. Minor average delays of 10 to 15 seconds per vehicle are experienced at unsignalized intersections, and from 10 to 20 seconds per vehicle for signalized intersections. • LOS C still falls within the zone of stable flow, but travel speeds and vehicle maneuverability are more closely controlled by the higher volumes. The selection of speed is not affected by the presence of other vehicles, and maneuvering within the traffic stream requires vigilance by the driver. Average delays of 15 to 25 seconds per vehicle are experienced at unsignalized intersections and from 20 to 35 seconds for signalized intersections. • LOS D approaches unstable flow. Travel speed and freedom to maneuver are somewhat restricted, with average delays of 25 to 35 seconds per vehicle at unsignalized intersections and from 35 to 55 seconds for signalized intersections. Small increases in traffic flow can cause operational difficulties at this level. • LOS E represents operating conditions at or near the capacity of the intersection. Average delays of 35 to 50 seconds per vehicle are experienced at unsignalized intersections and from 55 to 80 seconds at signalized intersections. Freedom to maneuver within the traffic stream is very difficult. Any incident can be expected to produce a breakdown in traffic flow with extensive queuing. • • • LOS F describes forced flow operation at very low speeds. Operations are characterized by stop- and -go traffic. Long average delays of more than 50 seconds per vehicle occur at unsignalized intersections and of more than 80 seconds per vehicle at signalized intersections. • • • AGENDA ITEM 7 D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 10, 2003 TOPIC: Resolution No. 17 -03 Denying Minor Subdivision, NE 1/a NE 1/4 of Section 9 SSR & W Development, LLC (Willard Morton) VOTE: 3/5 BACKGROUND Mr. Willard Morton's firm, SSR & W Development, LLC, owns property in Lino Lakes. The SSR & W property includes 80+ acres in Section 9. The application is to split off 11 acres from an existing 40 -acres parcel, and combine the new 11 -acre piece with a one - acre strip that connects to Main St. SSR & W would then sell the new lot to allow for a new home site. Staff understands that Mr. Brad Racutt wants to buy the property and build a new home. The application raised numerous important issues regarding implementation of the long - range plan for the City, as represented in the comprehensive plan. The City Council discussed this application at its work session on November 20, 2001. Staff prepared an option that included the dedication of a partial right of way. Mr. Racutt rejected the option, and both he and Mr. Morton waived the statutory deadlines for City action on the application. On January 9, 2003, we received a letter that rescinded that waiver and re- started the period allowed for City action. On January 21 we received a request for approval of the minor subdivision with the partial easement. Since February of 2002, we have prepared a new subdivision ordinance and several issues have arisen that have led to new information and increased awareness of potential problems with the partial right of way option. Because of what we have learned in the past year, staff no longer considers the partial easement a viable alternative. Therefore, we are recommending denial of the minor subdivision application because there is inadequate frontage on a public road. A complete discussion of the issues can be found in this report. SSR & W Minor Subdivision page 2 ANALYSIS The land use and zoning are shown in the following table. The comprehensive plan guides the site for low density sewered residential development. That is, the long -range plan for the site and much of its immediate area is to serve it with utilities to allow for residential development. It is in a stage 2 area, so utilities will not be available until after year 2010. There is a conceptual greenway indicated over much of the area. A greenway is an area that may be appropriate as protected open space because of environmental features. Greenways are conceptual because creating them is opportunity based: short of actually purchasing the land, the City must depend on the development proposals submitted. The long -range plan for a road in the area will, at the appropriate time, need to consider the potential for preserving a greenway. Zoning, Subdivision Requirements Lot Size: The site is zoned Rural, with a minimum lot size of 10 acres with a minimum of 20% upland. The proposal meets these requirements. Frontage: The City's subdivision ordinance requires all lots to have their full frontage on a publicly dedicated street (Sec. 1001.08 Subd. 6(1)). The intent is to prevent flag lots and provide for safe, efficient access and circulation within the City, including adequate police and fire department access. The need for access and circulation exists not only to a particular piece of property, but for surrounding property as well. In past discussions regarding this application, City staff suggested creating a partial road easement along the eastern edge of the property, including the one -acre strip leading to Main St. Under this option, the City would allow the two properties to use the easement but not open it to the public. Mr. Racutt rejected this option. Since then, staff has considered a wide variety of issues as part of writing a new subdivision ordinance and revising the zoning ordinance. Many of the issues relate to new development, easements, road dedications, and public safety issues. According to the City Attorney, the City is not obligated to open an easement to the public. Nor is it obligated to construct a road if it has a road easement. However, the Existing Land Use Map New Comprehensive Plan Land Use Map Zoning site Rural Low Dens. Sewered, post -2010 Rural north Rural Low Density Unsewered Rural east Rural Low Dens. Sewered, post -2010 Rural south Rural Low Density Unsewered Rural west Rural _ Low Dens. Sewered, post -2010 Rural The comprehensive plan guides the site for low density sewered residential development. That is, the long -range plan for the site and much of its immediate area is to serve it with utilities to allow for residential development. It is in a stage 2 area, so utilities will not be available until after year 2010. There is a conceptual greenway indicated over much of the area. A greenway is an area that may be appropriate as protected open space because of environmental features. Greenways are conceptual because creating them is opportunity based: short of actually purchasing the land, the City must depend on the development proposals submitted. The long -range plan for a road in the area will, at the appropriate time, need to consider the potential for preserving a greenway. Zoning, Subdivision Requirements Lot Size: The site is zoned Rural, with a minimum lot size of 10 acres with a minimum of 20% upland. The proposal meets these requirements. Frontage: The City's subdivision ordinance requires all lots to have their full frontage on a publicly dedicated street (Sec. 1001.08 Subd. 6(1)). The intent is to prevent flag lots and provide for safe, efficient access and circulation within the City, including adequate police and fire department access. The need for access and circulation exists not only to a particular piece of property, but for surrounding property as well. In past discussions regarding this application, City staff suggested creating a partial road easement along the eastern edge of the property, including the one -acre strip leading to Main St. Under this option, the City would allow the two properties to use the easement but not open it to the public. Mr. Racutt rejected this option. Since then, staff has considered a wide variety of issues as part of writing a new subdivision ordinance and revising the zoning ordinance. Many of the issues relate to new development, easements, road dedications, and public safety issues. According to the City Attorney, the City is not obligated to open an easement to the public. Nor is it obligated to construct a road if it has a road easement. However, the • • SSR & W Minor Subdivision page 3 City cannot limit the use of an easement owned by the City to specific persons and exclude others. If the City were to allow certain persons to use the easement, we would have to open it to the public. This eliminates the partial easement option as proposed. There are public safety issues to consider. The contemplated easement would not be improved. The easement would pass in front of only a few houses, would lead to nothing but a remote, isolated area, and would be difficult for emergency vehicles to access, including police patrols. The issue of road requirements and future development has been an important issue throughout the process of preparing the new subdivision ordinance. As directed by the City Council at the first reading of the ordinance on January 27, the road frontage requirement was amended to require that the frontage be on an "improved" public road. The original proposal submitted by SSR & W was to dedicate additional right of way for Dupont Ave. along the southern edge of the property to provide road frontage rather than along the eastern edge. Dupont Ave. is a half right of way easement. An electric power transmission line easement follows the Dupont Ave. alignment. It would be very difficult to convert this location to a road. Therefore, it would not be in the public interest to accept the additional Dupont right of way. Transportation: Main St. Connection and Access Management Recommendations for Planning District 3 from the 2001 Comprehensive Plan include investigating the possibility of an easterly connection to Main St.. The Transportation Plan recommends this connection in the vicinity of the eastern end of Oak Lane and West Rondeau Lake Rd. An access management study was prepared for Main St. by Anoka County and participating cities including Lino Lakes. The study, completed in 1999, recommends a full access intersection at West Rondeau Lake Rd. Because W. Rondeau Lake Rd. already exists, this is a logical location. A road connecting West Rondeau to Oak Lane would fulfill these needs and should be acquired when property on the south side of Main St. develops in the future. It is standard procedure to acquire right of way as part of a development/platting process. It is important to protect the long -range plan by ensuring the ability to serve future development with appropriate road access and circulation as well as utilities. Allowing a lot to be created in the proposed location would create an obstacle to the implementation of the City's transportation plan and the growth staging policies in the comprehensive plan. Adjacent Property Access • Until recently, the property at 1196 Main St. accessed Main St. via a driveway in the one - acre, "flagpole" piece. The current residents there have explained to staff that it was their • • SSR & W Minor Subdivision page 4 understanding that a public road was to be constructed there. For this reason, they oriented their garage to the east, with their driveway connecting to the long driveway that runs to Main St. The fact that the one -acre piece is 66 feet wide seems to indicate that, sometime in the past, someone planned the strip for a road. We have no information indicating that the City has any rights or ownership in the property now. Therefore, access to the strip is a private issue between the two property owners. It is our understanding that the residents of 1196 Main St. have recently constructed a driveway directly onto Main St. because of disagreements with Mr. Racutt over access issues. There have been several police calls to the location because of the disagreements. These incidents strengthen staff's concern regarding public safety issues of an easement and/or driveway serving the two properties. PLANNING & ZONING BOARD RECOMMENDATION The P & Z considered the application on November 14, 2001. The staff report included the recommendation that the minor subdivision be approved only if a road easement is dedicated to the City that includes the eastern 66 feet of the site. The P & Z agreed that a road easement is appropriate but that it be 33 feet instead of the full 66 feet. The other 33 feet would be acquired when and if property to the east develops. Because of information gained through additional research, staff is recommending denial of the application because of lack of frontage on a public road. OPTIONS 1. Approve Resolution 17 -03 which denies the minor subdivision application because of lack of the minimum road frontage required by the subdivision ordinance. 2. Return to staff with direction. RECOMMENDATION Option 1 • • CITY OF LINO LAKES RESOLUTION NO. 17-03 RESOLUTION DENYING A MINOR SUBDIVISION OF PROPERTY IN THE NE 1/4 OF THE NE1 /a OFSECTION9 WHEREAS, the City of Lino Lakes has received an application from SSR & W Development, LLC, for a minor subdivision of land, and WHEREAS, the application includes land in: The south 1/2 of the north 1/2 of the NE 1/4 of Section 9, Twp. 31 Range 22, subject to easement of record and The east 66 feet of the north 1/2 of the NE 14 of the NE 1/a of Section 9, Twp 31 Range 22, except road, subject to easement of record. and, WHEREAS, the PID numbers of the property are 09 31 22 11 0010 and 09 31 22 11 0001, and WHEREAS, Section 1001.08 Subd. 6(1) of the City Code, known as the subdivision ordinance, requires that "All lots shall abut for their full frontage on a publicly dedicated street ", and WHEREAS, the property is in a Rural zoning district and the minimum lot frontage in the Rural zoning district is 330 feet, as required by Section 5, Subd. 1.B.2. of the City of Lino Lakes Zoning Ordinance, Ordinance No. 9 -97, and WHEREAS, the proposed minor subdivision would result in a lot with only 66 feet of frontage on a public street, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the minor subdivision application. Adopted by the Lino Lakes City Council this day of , 2003 John J. Bergeson, Mayor ATTEST: • Ann Blair, City Clerk a 0 1- @ N tai ta In ct 2 2 ' pin a iiite MRCP: _ MA E� � 1.-1.... Et� daGap ,....;,.,�. 0�d les�o ������ �� lam II Eigli 7111 4117rdlit* IMO AZI .liritiz, .,..iimiimpir morAilik lir =Tat '151iira 1, l *44- a�i t 1f r :0 dN iv ■ 0 W v 1S ,S3WYP ti ti IMMO wing total Parcel). • ::.S.x.... ... !C. I \!:\\\.\ p9 to\ \\ \ \�1 ,` \ \\ ` \l \\ 1 \\`11J \,J \ \� 11 r/ \ \\ \` J,- J -..., �/r ) 1;. \ RECEIVED OCT 2 5 2001 cryYOF LINO LAKES EDGE OP WETLAND 7 / !AO / \ I /4./ if,, , .) / �� `/ /, // 4 I VIE= ..r GLENN EHBEiN ® COMPANIES em,i4-779.51WI":1 • .44-tkiiO4.-i****tatt.tictotik, tirt04,4w • tgf t t AI- • ;.4, • • AGENDA ITEM 7E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: February 10, 2003 TOPIC: Resolution No. 03 -18, Approve Final Payment for 2001 Wear Course Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2001 Wear Course Project, North Valley, Inc. is requesting City approval of Payment No. 2 (final) in the amount of $4,466.10. A copy of the final payment is attached. The contractor has completed all work and has provided all necessary documentation. The original contract amount was $88,530.50 and the final contract amount is $89,322.00. The over run of $791.50 was from more bituminous material used than what was in the contract amount. The total for the project was $9,854.50 under the Engineer's estimate of $99,176.50. Approval of the final payment will begin the one -year warranty period. OPTIONS: 1. Return to staff for further review. 2. Approve Resolution 03 -18 Approving Payment No. 2 (final) for the 2001 Wear Course Project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution 03 -18 be approved. • CITY OF LINO LAKES RESOLUTION NO. 03 -18 RESOLUTION APPROVING PAYMENT NO. 2 (FINAL) FOR THE 2001 WEAR COURSE PROJECT WHEREAS, the construction of the 2001 Wear Course Project has been completed by North Valley, Inc. and; WHEREAS, the one -year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment number 2 (final) in the amount of $4,466.10 is approved for a total contract amount of $89,322.00. 40 Adopted by the City Council this 10th day of February, 2003. Ann J. Blair, City Clerk • John J. Bergeson, Mayor TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101 -2140 PHONE: 851/292-4400 FAX: 651/292-0083 Comm. No. 12356 -01 Cert. No. 2 (Final) St. Paul, MN, June 18 To City of Lino Lakes, Minnesota This Certifies that North Valley, Inc. , 20 02 Owner , Contractor For 2001 Wear Course Project Is entitled to Four Thousand Four Hundred Sixty -Six and 10 /100--------------- _ --__ -. — _ ($ 4,466.10 ) Final being 2nd estimate for rfftiol payment on contract with you dated July 6 , 2001 Received payment in full of above Certificate. TOLTZ, KING, DUVALL, ERSON AND ASSOCIATES, INC. ENGINEEIj6 . • ., : i ;' LANNERS North Valley, Inc. , 20 © John I Powel , P.E. RECAPITULATION OF ACCOUNT An Equal Opportunity Employer CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 88,530.50 • All previous payments $ 84,855.90 All previous credits Extra No. Compensating Change Order No. 2 $ 791.50 Credit No. ,, AMOUNT OF THIS CERT11-'1CATE $ 4,466.10 Totals $ 89,322.00 $ 89,322.00 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ - $ 89,322.00 If $ 89,322.00 1 $ - An Equal Opportunity Employer TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers- Architects - Planners Saint Paul, Minnesota 55101 FINAL Estimate No. Contractor Project Location PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS 2 Period Ending June 18 , 20 02 Page 1 of 1 Comm. No. 12356 -01 North Valley, Inc. 2001 Wearing Course City of Lino Lakes, Minnesota Original Contract Amount $88,530.50 Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 0 % Retained Less Previous Payments Total Deductions Amount Due This Estimate Contractor Engineer • 0.00 $ 0.00 $ 0.00 $ 84,855.90 North V i , 1 John . Powe]fl, P.E. obe 89,322.00 0.00 0.00 $ 89,322.00 84,855.90 4,466.10 Date Date June 18, 2002 • ESTIMATE 2001 Wearing City of Lino COMMISSION ITEM NO. NO. 2 (FINAL) PERIOD ENDING: June 14, 2002 Course Lakes, Minnesota NO. 12356 -01 CONTRACT QUANTITY UNIT AMOUNT DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 2021.501 MOBILIZATION LS 1.0 1.0 $ 4,200.00 $ 4,200.00 2101.511 ADJUST MANHOLE FOR WEAR COURSE EA 29.0 29.0 $ 325.00 $ 9,425.00 2104.501 ADJUST GATE VALVE FOR WEAR COURSE EA 24.0 24.0 $ 150.00 $ 3,600.00 REMOVE AND DISPOSE OF EXISTING BITUMINOUS LF 343.0 343.0 $ 2.50 $ 857.50 2104.501 PAVEMENT 2104.501 SUBGRADE CORRECTION SY 8.0 8.0 $ 80.00 $ 640.00 2104.501 BITUMINOUS MATERIAL FOR TACK COAT GA 1,051.0 1,000.0 $ 1.50 $ 1,500.00 2104.505 BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 TN 1,735.0 1,833.0 $ 30.50 $ 55,906.50 2105.501 BITUMINOUS LEVELING COURSE, 2350 TYPE LV 4 TN 312.0 339.0 $ 37.00 $ 12,543.00 2105.511 INFISHIELDS EA 29.0 5.0 $ 130.00 $ 650.00 - - $ - $ - - - $ - $ - $ $ TOTAL ESTIMATE NO. 2 $ 89,322.00 • :;Jurie• 18, GE='-ORD nu . ANDERSON `.AND' P SSOCIATES;., INCORPORATED Egineers -Ar_ti _ .. _ 20.02: akes` `'Minn e'so irse , ,Compensating R • 12356 01 Change Order NoYY A. rs: ' ib] ec:t to; all contract stipule 1increase°) `( cry (not "changes Ni=nety =:One Dollars and 50'. /..10:0, s c Daunts GE 'ORDER. ange order shows :.the actual (see.-- attached it'emizat3:on) • w owsng chazige. to: dour 4), t,rac ,change and the °} work' -affected therei ions "xand covenants Th1.s Change , Order . a: she contrac sum by r .... ,Seven Hundred'° • of Original. Contract: 4ons7 approved_ to date (Nos uct�ons' approved to. date (Nos:. }' : Contract amount �to`tdate Amount, of this Chaznge Order (Add) (Dcduct kR r .sed Contract..Amount.S ;quart: ties • 'roved City of Lino Lakes, ` MN Owner Approved North Valley, Inc. Contractor installed . -4$ 79.1.5:04 . at the , unit price -' 791':.50 &8., 530:50- 791 50 -89, 322::00. . . TOLTZ, KING, .DWALL,,.ANDERSON AND ASS OCTAT,ES,. Q .PORATED By Jo .: Pow 11, P.E. White - Owner Pink Contractor Blue - TKDA COMPENSATING CHANGE ORDER NO. 1 2001 Wearing Course City of Lino Lakes, Minnesota OMMISSION NO. 12356-01 PERIOD ENDING: June 14, 2002 "'_"' NO. CONTRACT QUANTITY +/• UNIT AMOUNT NET CONTRACT DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT 2021.501 MOBILIZATION LS 1.0 1.0 - $ 4,200.00 $ 4,200.00 $ - $ 4,200.00 2101.511 ADJUST MANHOLE FOR WEAR COURSE EA 29.0 29.0 - $ 325.00 $ 9,425.00 $ - $ 9,425.00 2104.501 ADJUST GATE VALVE FOR WEAR COURSE EA 24.0 24.0 - $ 150.00 $ 3,600.00 $ - $ 3,600.00 2104.501 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT LF 343.0 343.0 - $ 2.50 $ 857.50 $ - $ 857.50 2104.501 SUBGRADE CORRECTION SY 8.0 8.0 - $ 80.00 $ 640.00 $ $ 640.00 • 2104.501 BITUMINOUS MATERIAL FOR TACK COAT GA 1,051.0 1,000.0 (51.0) $ 1.50 $ 1,500.00 $ (76.50) $ 1,576.50 2104.505 BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 TN 1,735.0 1,833.0 98.0 $ 30.50 $ 55,906.50 $ 2,989.00 $ 52,917.50 2105.501 BITUMINOUS LEVELING COURSE, 2350 TYPE LV 4 TN 312.0 339.0 27.0 $ 37.00 $ 12,543.00 $ 999.00 $ 11,544.00 2105.511 INFISHIELDS EA 29.0 5.0 (24.0), $ 130.00 $ 650.00 $ (3,120.00) $ 3,770.00 $ $ $ $ - $ - $ - $ - - $ - - - $ $ - $ - - $ SUBTOTAL $ 89,322.00 - $ 88,530.50 NET CHANGE ORDER NO. 2 • • 791.60 • AGENDA ITEM 7F STAFF ORIGINATOR: Marty Asleson MEETING DATE: February 10, 2003 TOPIC: Anoka County Agreement For Residential Recycling Program /2003 BACKGROUND: The City of Lino Lakes receives SCORE funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated by Anoka County are required to enter into a cooperative agreement with the County. • Please find attached copies of the original agreement for your consideration. OPTIONS: 1. Approve Anoka County Contract #2002 -0259, Agreement For Residential Recycling Program. 2. Refer back to staff for further review. RECOMMENDATION: Option 1. • • • • CITY OF LINO LAKES RESOLUTION NO. 03 -24 RESOLUTION WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling AND WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of "SCORE" funds, AND WHEREAS, The County wishes to assist Municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to cities in the County for solid waste recycling programs, AND WHEREAS, The City of Lino Lakes is elligible to receive $37,453.60 for fiscal year 2002 in Score funds, AND WHEREAS, Anoka County Agreement No. 2002 -0259 provides for the cooperative effort between Anoka County and the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Adopt Resolution 03 -24 and Sign Anoka County Agreement No. 2002 -0259, Agreement For Residential Recycling Program Adopted by the Lino Lakes City Council this 10th day of February, 2003 Ann Blair, City Clerk John Bergeson, Mayor • • Anoka County Contract #2002 -0259 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 17th day of December, 2002, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF LINO LAKES, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County has received $709,373 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds "); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2003 through December 31, 2003, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. • g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,521 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi -unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2003, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2003 and January 20, 2004: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the • disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected. for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2003 and January 20, 2004. Costs not billed by January 20, 2004 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for _ eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $37,453.60. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.40 per household for recycling activities only. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at 3 • • reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. • • h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF LINO LAKES COUNTY OF ANOKA By: Name: Title: Date: By: Municipality's Clerk Date: Approved as to form and legality: • By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney I:\CIVATTY\PCHUntegrated WasteLOW- TECH'RECYCL.IN\CON RAC11RECYC2003.wpd • • • • AGENDA ITEM 7G STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: February 10, 2003 TOPIC: Resolution No. 03 -20, Receive Petition and Authorize a Feasibility Report for Lois Lane Utility Improvements. VOTE REQUIRED: Simple Majority BACKGROUND: The City has received a petition from residents and property owners on Lois Lane, west of Highland Meadows West and north of Country Lane, for preparation of a report on sanitary sewer and water service. A copy of the petition is attached. Sanitary sewer and water main are currently existing at the east end of these lots from the Highland Meadows West subdivision. When the City has received utility petitions from neighborhoods in the past, the first step has been to hold a neighborhood meeting before any formal study is prepared. At the neighborhood meeting, we discuss the public improvement process, the City Charter, the location of existing utilities, and an overview of the construction process. The study would follow the neighborhood meeting. The study will address, on a preliminary basis, design, cost, assessment, schedule, and other issues as they relate to providing City utility service to this area. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 03 -20, Receive Petition and Order Preparation of a Feasibility Study for the Lois Lane Utility Improvements. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 03 -20 be adopted. • • CITY OF LINO LAKES RESOLUTION NO. 03 -20 RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF FEASIBILITY STUDY FOR THE LOIS LANE UTILITY IMPROVEMENTS WHEREAS, the City of Lino Lakes has received a petition from residents on Lois Lane, west of Highland Meadows West and north of Country Lane, requesting preparation of a study on the feasibility of extending sanitary sewer and water service to their properties, and WHEREAS, in response to this petition, it is proposed to improve Lois Lane from the Highland Meadows West subdivision to the west by constructing sanitary sewer and watermain improvements, and WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, 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 the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 10th day of February, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor / /1/.7.f /VA / 15-7/0-r h G • yy° PETITION FOR PUBLIC IMPROVEMENTS LINO LAKES, MINNESOTA January 1L( , 2003 To the City Council of the City of Lino Lakes, Minnesota: We, the undersigned, owners of property abutting Lois Lane, hereby petition the City of Lino Lakes for the installation of sanitary sewer and water utilities in accordance with the provisions of the Lino Lakes City Charter, Section 8.04 and Minnesota Statutes, Chapter 429. \ ,< I NAME (please print) SIGNATURE* ADDRESS PROPERTY DESCRIPTION ��. Frank Feela /er - -q/ , p� /AV ✓4 ✓e ^ � Q 595 loin Ln Uno Lakes MN Singlefamily ' 2. Kevin & Maureen Murphy / ' ` Lois Ln Uno Lakes MN f Single Family 3. Michael & Kathleen Eirckstadt 1 ' • 571 Lols Ln Lino Lakes MN :Single Family 4. 5. . 6. 7. 8. 9. 10. • a benefited property owner can only sign once regardless of the number of benefited parcels owned, and a benefited parcel can only have one signature. 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