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HomeMy WebLinkAbout04/28/2003 Council PacketWORK SESSION AGENDA • CITY OF LINO LAKES Wednesday April 9, 2003 CITY COUNCIL WORK SESSION Community Room (not televised). 5:30 P.M. 1. Eagle Brook EAW Response, Jeff Smyser 2. Proposal for Quad Cities Police Department, Linda Waite Smith 3. Anoka County Community Development Authority Proposal, Mary Alice Divine 4. Centennial School District Request for Irrigation Well, Rick DeGardner 5. Century Farm North, Phasing Plans, Jeff Smyser, Michael Grochala 6. Twilight Acres, petition for water, Jim Studenski 7. Proposal for New Cable Facility, Linda Waite Smith 8. Andover Resolution in Support of Local Government Control, Linda Waite Smith 9. County State Aid Highway 14 -- EA/EAW Response, Michael Grochala 10. Regular Agenda Items 11. Adjourn Revised 04/08/03 mmg 3:00 p.m. • • AMENDED AGENDA CITY OF LINO LAKES Monday, April 28, 2003 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: • i) April 28, 2003 (Check No. 67881 through 67984 in the amount of $372,479.94). • ii) Centennial Fire District (Check No. 13739 through 13760 in the amount of $67,971.84). 2. Open Mike 3. Finance Department Report, Al Rolek None. 4. Administration Department Report, Dan Tesch A) Consider First Reading of Ordinance No. 13 -03, Approving Clerk / Treasurer Charter Language Amendments 5. Public Safety Department Report, Dave Pecchia A) Proclamation Declaring week of May 11 -17, 2003 "Police Week" B) Consider Quad Cities Police Proposal i) Decide whether to participate in further exploration Page 1 • • • AMENDED AGENDA ii) Appoint two representatives to the committee for further exploration 6. Public Services Department Report, Rick DeGardner None. 7. Community Development Department Report, Michael Grochala A) Consider lst Reading of Ordinance No. 11 -03, Amending permitted hours of construction set forth in City Code, Jeff Smyser B) Public Hearing, Consider Resolution No. 03 -44, Eagle Brook Church EAW, Declaration on need for EIS, Jeff Smyser C) Consider 2nd Reading of Ordinance No. 09 -03, Transferring Public Right - of -Way to Anoka County, Michael Grochala D) Consideration of Resolution No. 03 -59, authorizing funds for Site Plan and Market Analysis, I -35E, Mary Alice Divine E) Consider 2nd Reading of Ordinance No.10 -03, Adopting Minnesota State Building Code, Michael Grochala. F) Century Farm North Residential Subdivision, Jeff Smyser i. Consider First Reading of Ordinance No. 12 -03, Approving Rezoning to Planned Unit Development. ii. Consideration of Resolution No. 03 -60, Approving the Preliminary Plat and MUSA Allocation for Century Farm North. G) Consideration of Resolution No. 03 -54, Approving Plans and Specifications and Authorizing Advertisement for Bids, Elm Street Reconstruction Project, Jim Studenski. H) Consideration of Resolution No. 03 -55, Approving Final Payment, 2001 Sealcoat Project, Jim Studenski. I) Consideration of Resolution No. 03 -56, Approving Final Payment, 2002 Sealcoat Project, Jim Studenski. J) Consideration of Resolution No. 03 -57, Amending Resolution No. 02 -156, to change term of assessment, Lake /Apollo Drive Improvement Project, Jim Studenski. • • AMENDED AGENDA K) Consideration of Resolution No. 03 -58, Accepting Petition for Surface Water Management Improvements and Authorizing Feasibility Study, Prairie Flower Road, Jim Studenski. 8. Unfinished Business A) Approval of minutes for January 27, 2003 City Council meeting B) Approval of minutes for February 10, 2003 City Council meeting 9. New Business A) Approval of minutes of April 14, 2003 City Council meeting B) Approval of minutes of April 14, 2003 Annual Board of Review 10. Community Calendar, April 29, 2003 through May 12, 2003: A) Environmental Board Meeting, Wednesday, April 30, 2003, 6:30 p.m. B) EDAC, Thursday, May 1, 2003, 7:00 a.m. C) Spring Recycling Day, Public Works Facility, Saturday, May 3, 2003, 9:00 a.m. - 3:00 p.m. D) Park Board Meeting, Monday, May 5, 2003, 6:30 p.m. E) Council Work Session, Wednesday, May 7, 2003, 5:30 p.m. F) City Council Meeting, Monday, May 12, 2003, 6:30 p.m. 11. Adjourn Revised 03/17/03 mmg 12:00 p.m. • • • AGENDA CITY OF LINO LAKES Monday, April 14, 2003 Annual Board of Review -- Public Hearing 6:00 p.m. Council Chambers followed by regularly scheduled City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) April 14, 2003 (Check No. 67776 through 67880 in the amount of $136,369.04). ii) Centennial Fire District (Check No. 13718 through 13738 in the amount of $8,054.45). B) Consider Resolution 03 -50 Amending the Lino Lakes Flexible Spending Account Plan to conform to HIPAA Requirements 2. Open Mike A) Department of Public Safety, Bob O'Brien -- Presentation of Video Camera to Lino Lakes Police Department -- Resolution No. 03 -49 Accepting Donation of Equipment, Sergeant Bill Hammes 3. Finance Department Report, Al Rolek None. Page 1 • • AGENDA 4. Administration Department Report, Dan Tesch A) Quad Cities Police Proposal, Public Hearing, Linda Waite Smith 5. Public Safety Department Report, Dave Pecchia None. 6. Public Services Department Report, Rick DeGardner None. 7. Community Development Department Report, Michael Grochala A) Dairy Queen - Chill and Grill, Michael Grochala i) Consider Resolution No. 03 -46, Approving Site and Building Plan and CUP Consider Resolution No. 03 -47, Approving Performance Agreement B) Consider Resolution No. 03 -49, Mueller Office Site and Building Plan Review, Jeff Smyser C) Consider Resolution No. 03 -44, Eagle Brook Church EAW Declaration on need for EIS, Jeff Smyser D) Consider 1st Reading of Ordinance No. 09 -03, Transferring Public Right - of -Way to Anoka County, Michael Grochala E) Consider Resolution No. 03 -48, Authorizing Feasibility Study for Lift Station, Century Farm North, Jim Studenski F) Consider 1st Reading of Ordinance No.10 -03, Adopting Minnesota State Building Code, Michael Grochala (Report to follow on Friday) 8. Unfinished Business None. 9. New Business A) Approval of minutes of January 27, 2003 Council meeting • • • AGENDA B) Approval of minutes of February 10, 2003 Council meeting C) Approval of minutes of March 19, 2003 Council work session D) Approval of minutes of March 24, 2003 Council meeting E) Approval of minutes of March 24, 2003 Special Council meeting (Liquor Violation Hearing) (Minutes previously handed out) 10. Community Calendar, April 15, 2003 through April 28, 2003: A) Earth Day Celebration, Wargo Nature Center, April 19, 2003, 11 a.m. to 2 p.m. B) Council Work Session, Wednesday, April 23, 2003, 5:30 p.m. C) City Council Meeting, Monday, April 28, 2003, 6:30 p.m. D) Environmental Board Meeting, Wednesday, April 30, 2003, 6:30 p.m. 11. Adjourn Revised 04/08/03 mmg 3:00 p.m. EXPENDITURES APRIL 14, 2003 • • Date: 03/27/2003 Time: 13:39:50 City of Lino Lakes FM Entry - Invoice Journal Ranges: S Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3065 - 3065 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000040 A T & T 1 20.21 20.21 .00 .00 000155 O'DEA, MARY JO 1 150.00 150.00 .00 .00 000156 SCHNEIDER, NIKKI 1 100.00 100.00 .00 .00 000163 TOLER HALEN, PATRICE 1 150.00 150.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 176.20 176.20 .00 .00 000236 O'CONNELL, TERESA 1 100.00 100.00 .00 .00 000420 ANOKA COUNTY 1 147.80 147.80 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 117.68 117.68 .00 .00 000528 QWEST 1 36.20 36.20 .00 .00 000548 GRUNDHOFER, CONSTANCE 1 150.00 150.00 .00 iiii2.0 CIRCLE PINES, CITY OF 1 5,744.61 5,744.61 .00 .00 9 DONLIN, AMY 1 150.00 150.00 .00 .00 002000 INTL UNION OF OPER ENGR 1 420.00 420.00 .00 .00 002181 LINDAHL, DONALD 1 155.75 155.75 .00 .00 002182 PHINGSTEN, CHARLES 1 464.70 464.70 .00 .00 002190 WOODS 1 97.19 97.19 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 60.00 60.00 .00 .00 003091 MINN NCPERS GROUP LIFE INSURANCE 1 400.00 400.00 .00 .00 003250 XCEL ENERGY 1 226.65 226.65 .00 .00 003451 PERA /REGULAR 1 17,391.42 17,391.42 .00 ..00 004173 STATE OF MINNESOTA /BUILDING CODES & STAN 1 70.00 70.00 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 4 2,257.36 2,257.36 .00 .00 Date: 03/27/2003 Time: 13:39:50 City of Lino Lakes FM Entry - Invoice Journal *or # Name 004660 950061 II/ • Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost URICH, TRACEY KUKONEN, ROD Grand Totals: 1 20.90 20.90 .00 .00 1 225.00 225.00 .00 .00 27 28,831.67 28,831.67 .00 .00* Date: 04/09/2003 Time: 09:04:25 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3066 3114 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S City of Lino Lakes FM Entry - Invoice Journal 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 000012 AUDIO COMMUNICATIONS 1 631.65 631.65 .00 .00 000013 ANOKA POLICE DEPARTMENT 1 240.00 240.00 .00 .00 000017 MINNESOTA CHIEFS OF POLICE 1 150.00 150.00 .00 .00 000040 A T & T 1 54.43 54.43 .00 .00 000066 HINCKLEY CHEVROLET 1 21,723.54 21,723.54 .00 .00 000110 A T & T WIRELESS 1 460.55 460.55 .00 .00 000112 CHIEF SUPPLY, INC. 1 42.95 42.95 .00 .00 000118 SNAP -ON INDUSTRIAL, INC. 1 165.02 165.02 .00 .00 000171 ANDOVER, CITY OF 1 210.00 210.00 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 893.94 893.94 .00 .00 00 210 AMERICAN FASTENER & SUPPLY, INC. 2 101.82 101.82 .00 .00 93 WIPERS AND WIPES, INC. 1 63.11 63.11 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 85.00 85.00 .00 .00 000370 CENTRAL COMMUINICATIONS 3 452.14 452.14 .00 .00 000420 ANOKA COUNTY 1 147.80 147.80 .00 .00 000435 DPMS PANTHER ARMS 1 2.14 2.14 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,145.86 1,145.86 .00 .00 000604 RYLANDER, VERNON 1 28.78 28.78 .00 .00 000748 INDEPENDENT OFFICIALS 1 698.00 698.00 .00 .00 000771 PowerPlan 1 361.90 361.90 .00 .00 000816 FLOYD TOTAL SECURITY COMPANY, INC. 1 128.00 128.00 .00 .00 • Date: 04/09/2003 Time: 09:04:25 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000860 BROADWAY AWARDS, INC. 1 1,082.60 1,082.60 .00 .00 000900 BUMPER TO BUMPER, INC. 1 462.45 462.45 .00 .00 000922 BURSACK, ELIZABETH 1 69.19 69.19 .00 .00 000946 C. P. OFFICE PRODUCTS 5 454.44 454.44 .00 .00 001081 GISKE CONSULTING GROUP, INC. 1 255.00 255.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 387.90 387.90 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 63.90 63.90 .00 .00 001187 CONNEXUS ENERGY 1 2,677.43 2,677.43 .00 .00 001220 CRAGUN'S LODGE AND CONFERENCE CENTER 1 159.20 159.20 .00 .00 001222 ENCOMM MIDWEST, LLC 1 3,386.75 3,386.75 .00 .00 001260 STANTON GROUP 1 181.25 181.25 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 3,054.60 3,054.60 .00 .00 001396 INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, 1 10,535.50 10,535.50 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 2 4,069.12 4,069.12 .00 .00 001504 U. S. BANK TRUST NATIONAL ASSOCIATION 1 373.75 373.75 .00 .00 00 550 FORTIS BENEFITS, INC. 1 794.86 794.86 .00 .00 0 GOVERNMENT TRAIN SERVICE 1 125.00 125.00 .00 .00 001720 W. W. GRAINGER, INC. 1 84.73 84.73 .00 .00 001850 HOFFMAN, MICHAEL 1 35.99 35.99 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 3 3,769.80 3,769.80 .00 .00 001977 I.T.L. PATCH COMPANY, INC. 1 192.77 192.77 .00 .00 001982 US LINK 1 1,707.41 1,707.41 .00 .00 002100 JULEEN DESIGNS, INC. 1 242.00 242.00 .00 .00 002119 TELCOM CONSTRUCTION 1 323.45 323.45 .00 .00 002191 KEN'S RADIATOR SERVICE 1 35.00 35.00 .00 .00 002209 CORCORAN, MARK 1 100.00 100.00 .00 .00 002211 INNOVATIVE UNDERGROUND 1 360.84 360.84 .00 .00 • Date: 04/09/2003 Time: 09:04:27 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount r # Name # of items Net Gross Discount Lost 002212 PUBLIC SAFETY CENTER, INC. 1 135.21 135.21 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 872.23 872.23 .00 .00 002340 IMAGE PRINTING & GRAPHICS 1 579.73 579.73 .00 .00 002540 MEDICA 1 28,409.07 28,409.07 .00 .00 002550 MENARDS, INC. 2 66.73 66.73 .00 .00 002694 MINNCOMM PAGING, INC. 1 27.54 27.54 .00 .00 002760 MN. DEPT OF HEALTH 1 4,288.00 4,288.00 .00 .00 002900 MN. DEPARTMENT OF SAFETY 1 1,441.37 1,441.37 .00 .00 003250 XCEL ENERGY 1 2,962.64 2,962.64 .00 .00 003452 PERA /COUNCIL 1 207.39 207.39 .00 .00 003491 PETTY CASH 1 74.03 74.03 .00 .00 003682 RAUSCH, KURT 1 90.00 90.00 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 150.00 150.00 .00 .00 004059 SMYSER, JEFF 1 30.00 30.00 .00 .00 004100 SPRINGSTED, INC. 1 2,042.81 2,042.81 .00 .00 00 STAR TRIBUNE, INC. 1 168.70 168.70 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 004240 STREICHER'S, INC. 4 1,019.44 1,019.44 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 399.34 399.34 .00 .00 004562 NATIONAL WATERWORKS, INC. 2 77.01 77.01 .00 .00 004575 UPS /UNITED PARCEL SERVICE 1 12.28 12.28 .00 .00 004660 URICH, TRACEY 1 76.95 76.95 .00 .00 004671 VERIZON WIRELESS 1 425.73 425.73 .00 .00 004760 WALDOCH SPORTS, INC. 1 45.68 45.68 .00 .00 004840 WINNICK SUPPLY, INC. 1 2.72 2.72 .00 .00 004874 YOUNG, BRANDON 1 63.85 63.85 .00 .00 • Date: 04/09/2003 Time: 09:04:28 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 4 Discount # of items Net Gross Discount Lost 004880 ZACK'S INC. MUN. INDUS. SUP 1 170.40 170.40 .00 .00 900436 HOMES BY JAMES, INC. 1 13.01 13.01 .00 .00 900523 OLSON SEWER SERVICE, INC. 1 147.00 147.00 .00 .00 900524 BURGER, LUANN 1 285.00 285.00 .00 .00 Grand Totals: 97 107,537.37 107,537.37 .00 .00* • • Date: 04/09/2003 Time: 09:09:21 • Ranges: Options: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 67777 0 0 0 67783 67786 0 67787 0 0 67790 67791 0 •98 3067 - 3116 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AMERICAN FAMILY LIFE A DELTA DENTAL PLAN OF M HOMES BY JAMES, INC. INNOVATIVE UNDERGROUND INTL UNION OF OPER ENG LINDAHL, DONALD MEDICA MINN NCPERS GROUP LIFE MN. DEPT OF HEALTH PERA /COUNCIL PERA /REGULAR PHINGSTEN, CHARLES PAYROLL WITHHOLDING DENTAL INSURANCE REFUND ON FINAL BILLING REIMBURSE HYDRANT METER PAYROLL WITHHOLDING REIMBURSE S T ESCROW MEDICAL INSURANCE PAYROLL WITHHOLDING STATE WATER CONNECTION F PAYROLL WITHHOLDING /COUN PAYROLL WITHHOLDING REIMBURSE S T ESCROW RELIASTAR LIFE INSURAN LIFE INSURANCE TELCOM CONSTRUCTION REIMBURSE HYDRANT METER WOODS REIMBURSE S T ESCROW Total for Dept ** 0 BROADWAY AWARDS, INC. MEMB BOARDS O CORCORAN, MARK REIMIBURSE PROGRAM REC O INDEPENDENT OFFICIALS BASKETBALL Total for Dept 202 0 PETTY CASH * * * * * * ** 176.20 * * * * * * ** 1,770.52 * * * * * * ** 13.01 * * * * * * ** 360.84 * * * * * * ** 420.00 * * * * * * ** 155.75 * * * * * * ** 6,265.33 * * * * * * ** 400.00 * * * * * * ** 4,288.00 * * * * * * ** 207.39 * * * * * * ** 17,391.42 * * * * * *** 464.70 * * * * * * ** 815.02 * * * * * * ** 323.45 * * * * * * ** 97.19 33,148.82* ADULT SP 541.30 ADULT SP 100.00 ADULT SP 698.00 1,339.30* KEYS /CLEANING /PARKING /PO SPECIAL 18.64 Total for Dept 205 0 BROADWAY AWARDS, INC. MEMB BOARDS 0 BURGER, LUANN DANCE CLASS Total for Dept 207 O BROADWAY AWARDS, INC. MEMB BOARDS Total for Dept 208 O TIMESAVER OFF -SITE SEC MARCH 24 67795 TIMESAVER OFF -SITE SEC JAN 15 Total for Dept 401 • 18.64* YOUTH IN 270.65 YOUTH IN 285.00 555.65* YOUTH SP 270.65 270.65* MAYOR /CO 399.34 MAYOR /CO 1,199.53 1,598.87* Date: 04/09/2003 Time: 09:09:21 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 A T & T WIRELESS MONTHLY SERVICE /MARCH ADMINIST 27.43 O ANDOVER, CITY OF MUNICIPALS /7 ADMINIST 60.00 67778 ANOKA COUNTY CONVEYANCE OF TAX FORFEI ADMINIST 147.80 O DELTA DENTAL PLAN OF M DENTAL INSURANCE ADMINIST 104.80 O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ADMINIST 70.47 0 GOVERNMENT TRAIN SERVI WORKSHOP /LINDA W S ADMINIST 125.00 0 MEDICA MEDICAL INSURANCE ADMINIST 2,030.64 O RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 23.75 0 STANTON GROUP FLEXIBLE SPENDING ADMINI ADMINIST 181.25 Total for Dept 402 2,771.14* 67795 TIMESAVER OFF -SITE SEC JAN 8 /JAN 9 Total for Dept 405 • 0 A T & T WIRELESS MONTHLY SERVICE /MARCH 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 406 0 ANDOVER, CITY OF MUNICIPALS /7 O DELTA DENTAL PLAN OF M DENTAL INSURANCE O FORTIS BENEFITS, INC. LONG TERM DISABILITY O MEDICA MEDICAL INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 407 O A T & T WIRELESS 0 ANDOVER, CITY OF O DELTA DENTAL PLAN OF M O FORTIS BENEFITS, INC. 0 MEDICA 0 RELIASTAR LIFE INSURAN MONTHLY SERVICE /MARCH MUNICIPALS /7 DENTAL INSURANCE LONG TERM DISABILITY MEDICAL INSURANCE LIFE INSURANCE Total for Dept 415 O DELTA DENTAL PLAN OF M DENTAL INSURANCE O FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 MEDICA MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 SMYSER, JEFF REIMBURSE SEMINAR 67795 TIMESAVER OFF -SITE SEC JAN 15 Total for Dept 416 O ANDOVER, CITY OF MUNICIPALS /7 O DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 MEDICA MEDICAL INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 418 0 A T & T CHARTER SENIORS SENIORS SENIORS FINANCE FINANCE INS FINANCE FINANCE FINANCE ECONOMIC ECONOMIC ECONOMIC INS ECONOMIC ECONOMIC ECONOMIC PLANNING INS PLANNING PLANNING PLANNING PLANNING PLANNING Communit Communit INS Communit Communit Communit 106.00 106.00* 57.84 4.63 4.75 67.22* 30.00 91.70 45.45 588.49 16.63 772.27* 27.43 30.00 26.20 12.75 300.30 4.75 401.43* 52.40 24.71 600.60 9.50 30.00 688.33 1,405.54* 30.00 52.40 26.51 588.49 9.50 706.90* MONTHLY SERVICE /MARCH POLICE 20.83 Date: 04/09/2003 Time: 09:09:21 Operator: JAL • Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name s Description Dept Amount O A T & T WIRELESS O ANOKA POLICE DEPARTMEN O C. P. OFFICE PRODUCTS O CENTRAL COMMUINICATION 0 CHIEF SUPPLY, INC. O CLEARWATER CREEK CONVE 0 CONNEXUS ENERGY O CRAGUN'S LODGE AND CON O DELTA DENTAL PLAN OF M O DPMS PANTHER ARMS O FORTIS BENEFITS, INC. O I.T.L. PATCH COMPANY, O IMAGE PRINTING & GRAPH O MEDICA O MINNESOTA CHIEFS OF PO O MN DEPT OF ADMIN /INTEC O PUBLIC SAFETY CENTER, O RAUSCH, KURT O RELIASTAR LIFE INSURAN O SHRED -IT, INC. O STATE OF MINNESOTA O STREICHER'S, INC. O UPS /UNITED PARCEL SERV O VERIZON WIRELESS O YOUNG, BRANDON MONTHLY SERVICE /MARCH GAMMA SHOOT OFFICE SUPPLIES APRIL MODEM GLOVES CAR WASHES MONTHLY SERVICE /MARCH LODGING /STEVE W DENTAL INSURANCE FIRING PIN /RETAINING LONG TERM DISABILITY UNIFORM SUPPLIES PRINTING SERVICE MEDICAL INSURANCE REGISTRATION /KENT S & MONTHLY SERVICE /MARCH TAPE REIMBURSE PEACE OFFICERS LIFE INSURANCE DESTROY CONFIDENTIAL MAT CONNECT CHARGES UNIFORM SUPPLIES DELIVERY CHARGE MONTHLY SERVICE /MARCH POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE PIN POLICE INS POLICE POLICE POLICE POLICE ST POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE REIMBURSE UNIFORM ALLOWA POLICE Total for Dept 420 O DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FIRE O MEDICA MEDICAL INSURANCE FIRE O RELIASTAR LIFE INSURAN LIFE INSURANCE FIRE Total for Dept 421 O DENTAL INSURANCE BUILDING O LONG TERM DISABILITY INS BUILDING O MEDICAL INSURANCE BUILDING O LIFE INSURANCE BUILDING O REIMBURSE CLOTHING ALLOW BUILDING 67794 REGISTRATION /PETE K BUILDING Total for Dept 422 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. MEDICA RELIASTAR LIFE INSURAN RYLANDER, VERNON STATE OF MINNESOTA /BUI O MONTHLY SERVICE /MARCH O MONTHLY SERVICE /MARCH O DENTAL INSURANCE O LONG TERM DISABILITY INS O CLEAR STORM SEWER 67785 REGISTRATION /MIKE H & DA O MEDICAL INSURANCE 0 INC. MONTHLY SERVICE /MARCH 0 INSURAN LIFE INSURANCE • A T & T WIRELESS CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. INFRATECH TECHNOLOGIES LEAGUE OF MINNESOTA CI MEDICA MINNCOMM PAGING, RELIASTAR LIFE STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS 49.00 240.00 130.59 452.14 42.95 63.90 15.98 159.20 329.60 2.14 289.33 192.77 579.73 8,888.47 150.00 37.00 135.21 90.00 123.50 54.95 390.00 1,019.44 12.28 425.73 63.85 13,958.59* 76.78 33.89 1,724.29 14.25 1,849.21* 104.80 46.21 2,023.70 17.34 28.78 70.00 2,290.83* 27.43 710.68 104.80 60.51 1,017.50 20.00 900.90 9.18 27.79 Date: 04/09/2003 Time: 09:09:22 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description 0 0 67799 Dept Amount US LINK XCEL ENERGY XCEL ENERGY MONTHLY SERVICE /MARCH STREETS MONTHLY SERVICE /MARCH STREETS MONTHLY SERVICE / REBRUARY STREETS Total for Dept 430 O AMERICAN FASTENER & SU TAPER TAP FLEET O AUDIO COMMUNICATIONS RADIO, ETC FOR 1/2 TON P FLEET 0 BUMPER TO BUMPER, INC. PARTS /SUPPLIES FLEET 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FLEET O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FLEET 0 HINCKLEY CHEVROLET '03 CHEVROVLET /2 DOOR CA FLEET O JULEEN DESIGNS, INC. GRAPHICS FLEET 0 KEN'S RADIATOR SERVICE RE -CRIMP TANKS FLEET O LAKESIDE AUTO & PAINT, REPAIR /REFINISH FLEET O MACQUEEN EQUIPMENT, IN PLUG /CHAIN /U -JOINT /SEAL FLEET O MEDICA MEDICAL INSURANCE FLEET 0 MN. DEPARTMENT OF SAFE LICENSE FLEET 0 PETTY CASH KEYS /CLEANING /PARKING /PO FLEET O PowerPlan ARMREST /PARTS FLEET 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FLEET 0 SNAP -ON INDUSTRIAL, IN LEAK KIT FLEET 0 WINNICK SUPPLY, INC. CRR FLEET 0 ZACK'S INC. NUN. INDUS TRUCK WASH SOAP FLEET Total for Dept 431 O A T & T MONTHLY SERVICE /MARCH GOVERNME O C. P. OFFICE PRODUCTS OFFICE SUPPLIES GOVERNME 67779 CIRCLE PINES, CITY OF MONTHLY SERVICE /FEBRUARY GOVERNME 11111, 0 CONNEXUS ENERGY MONTHLY SERVICE /MARCH GOVERNME 80 COORDINATED BUSINESS S STAPLES GOVERNME 0 FLOYD TOTAL SECURITY C LOCK /REKEY LOCK GOVERNME 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS GOVERNME 0 INSTITUTE FOR ENVIRONM IAQ MONITOR /MANAGEMENT GOVERNME 0 MEDICA MEDICAL INSURANCE GOVERNME 0 OLSON SEWER SERVICE, I PUMP SEPTIC TANK GOVERNME O PETTY CASH KEYS /CLEANING /PARKING /PO GOVERNME O RELIASTAR LIFE INSURAN LIFE INSURANCE GOVERNME O US LINK MONTHLY SERVICE /MARCH GOVERNME O W. W. GRAINGER, INC. V -BELTS GOVERNME O WIPERS AND WIPES, INC. JANITORIAL SUPPLIES GOVERNME Total for Dept 432 67776 0 0 67779 0 0 0 67785 • A T & T A T & T WIRELESS ANDOVER, CITY OF CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. HOFFMAN, MICHAEL LEAGUE OF MINNESOTA CI MONTHLY SERVICE /MARCH PARKS MONTHLY SERVICE /MARCH PARKS MUNICIPALS /7 PARKS MONTHLY SERVICE /FEBRUARY PARKS DENTAL INSURANCE PARKS LONG TERM DISABILITY INS PARKS REIMBURSE CLOTHING ALLOW PARKS REGISTRATION /MIKE H & DA PARKS 121.60 2,962.64 226.65 6,189.68* 101.82 631.65 462.45 26.20 12.26 21,723.54 242.00 35.00 872.23 893.94 588.49 1,441.37 26.07 361.90 5.46 165.02 2.72 170.40 27,762.52* 33.60 323.85 5,304.17 915.64 117.68 128.00 9.42 10,535.50 588.49 147.00 7.77 4.75 767.79 84.73 63.11 19,031.50* 20.21 73.57 30.00 440.44 144.10 61.05 35.99 40.00 Date: 04/09/2003 Time: 09:09:22 Operator: JAL • Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 0 67797 0 0 Description Dept Amount MEDICA MENARDS, INC. RELIASTAR LIFE URICH, TRACEY URICH, TRACEY US LINK WALDOCH SPORTS, MEDICAL INSURANCE SUPPLIES INSURAN LIFE INSURANCE REIMBURSE CLOTHING ALLOW REIMBURSE CLOTHING ALLOW MONTHLY SERVICE /MARCH INC. SUPPLIES Total for Dept 450 0 A T & T WIRELESS 0 ANDOVER, CITY OF 0 BURSACK, ELIZABETH 0 DELTA DENTAL PLAN OF M 0 FORTIS BENEFITS, INC. 0 MEDICA 0 PETTY CASH O RELIASTAR LIFE INSURAN O STAR TRIBUNE, INC. 0 0 67781 0 67782 67784 0 67788 89 0 793 67795 67796 • MONTHLY SERVICE /MARCH MUNICIPALS /7 MILEAGE DENTAL INSURANCE LONG TERM DISABILITY INS MEDICAL INSURANCE KEYS /CLEANING /PARKING /PO LIFE INSURANCE ADVERTISING Total for Dept 451 A T & T WIRELESS DELTA DENTAL PLAN OF M DONLIN, AMY FORTIS BENEFITS, INC. GRUNDHOFER, CONSTANCE KUKONEN, ROD MEDICA O'CONNELL, TERESA O'DEA, MARY JO RELIASTAR LIFE INSURAN SCHNEIDER, NIKKI TIMESAVER OFF -SITE SEC TOLER HALEN, PATRICE MONTHLY SERVICE /MARCH DENTAL INSURANCE QUARTERLY STIPEND LONG TERM DISABILITY INS QUARTERLY STIPEND QUARTERLY STIPEND MEDICAL INSURANCE QUARTERLY STIPEND QUARTERLY STIPEND LIFE INSURANCE QUARTERLY STIPEND JAN 15 QUARTERLY STIPEND Total for Dept 461 PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM O DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SOLID WA O MEDICA MEDICAL INSURANCE SOLID WA O RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID WA 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA Total for Dept 462 O DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FORESTRY O MEDICA MEDICAL INSURANCE FORESTRY O RELIASTAR LIFE INSURAN LIFE INSURANCE FORESTRY Total for Dept 463 O SPRINGSTED, INC. DISCLOSURE SERVICE O U. S. BANK TRUST NATIO ADMINISTRATION FEES DEBT SER DEBT SER 1,387.09 23.29 26.13 76.95 20.90 706.36 45.68 3,131.76* 71.01 30.00 69.19 57.64 35.75 418.00 5.00 15.20 168.70 870.49* 18.43 11.79 150.00 6.96 150.00 225.00 264.82 100.00 150.00 2.14 100.00 263.50 150.00 1,592.64* 2.62 1.55 58.85 .47 150.00 213.49* 11.79 6.96 264.82 2.14 285.71* 2,042.81 373.75 Date: 04/09/2003 Time: 09:09:22 • Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O A T & T WIRELESS 67800 M CIRCLE PINES POST OFFS 0 CONNEXUS ENERGY 0 DELTA DENTAL PLAN OF M 0 FORTIS BENEFITS, INC. O HAWKINS WATER TREATMEN 0 INSTRUMENTAL RESEARCH, O MEDICA O MENARDS, INC. O MINNCOMM PAGING, INC. O NATIONAL WATERWORKS, I 0 PETTY CASH 67792 QWEST 0 RELIASTAR LIFE INSURAN O US LINK 67800 M CIRCLE PINES POST OFFI 0 CONNEXUS ENERGY 0 DELTA DENTAL PLAN OF M 0 FORTIS BENEFITS, INC. O INFRATECH TECHNOLOGIES 0 MEDICA 0 MENARDS, INC. 0 MINNCOMM PAGING, INC. 0 RELIASTAR LIFE INSURAN III 0 US LINK Total for Dept 470 2,416.56* MONTHLY SERVICE /MARCH WATER 108.41 UTILITY BILLING POSTAGE WATER 193.95 MONTHLY SERVICE /MARCH WATER 836.14 DENTAL INSURANCE WATER 43.23 LONG TERM DISABILITY INS WATER 23.22 SPRING /VALVE /BUSHING /CON WATER 4,069.12 WATER SAMPLES WATER 85.00 MEDICAL INSURANCE WATER 463.65 TIMER /BUSHING /LOCKNUT /AD WATER 21.72 MONTHLY SERVICE /MARCH WATER 13.77 WATER METER PARTS WATER 77.01 KEYS /CLEANING /PARKING /PO WATER 16.55 MONTHLY SERVICE /FEBRUARY WATER 36.20 LIFE INSURANCE WATER 11.42 MONTHLY SERVICE /MARCH WATER 74.46 Total for Dept 494 6,073.85* UTILITY BILLING POSTAGE MONTHLY SERVICE /MARCH DENTAL INSURANCE LONG TERM DISABILITY INS SEAL MANHOLE MEDICAL INSURANCE TIMER /BUSHING /LOCKNUT /AD MONTHLY SERVICE /MARCH LIFE INSURANCE MONTHLY SERVICE /MARCH Total for Dept 495 SEWER 193.95 SEWER 198.99 SEWER 43.23 SEWER 23.23 SEWER 1,457.30 SEWER 463.65 SEWER 21.72 SEWER 4.59 SEWER 11.37 SEWER 37.20 2,455.23* O ANOKA COUNTY CONVEYANCE OF TAX FORFEI OTHER O ENCOMM MIDWEST, LLC CONTRACTOR /CLEARWATER CR OTHER O GISKE CONSULTING GROUP PROFESSIONAL SERVICE /SPE OTHER 0 INFRATECH TECHNOLOGIES CLEANED TWO CULVERTS OTHER Total for Dept 499 147.80 3,386.75 255.00 1,295.00 5,084.55* Grand Total 136,369.04* • • • Centennial Fire District Check Register 4/9/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 4/4/2003 13718 4/4/2003 13719 4/4/2003 13720 4/4/2003 13721 4/4/2003 13722 4/4/2003 13723 4/4/2003 13724 4/4/2003 13725 4/4/2003 13726 4/4/2003 13727 4/4/2003 13728 4/4/2003 13729 4/4/2003 13730 4/4/2003 13731 4/4/2003 13732 4/4/2003 13733 4/4/2003 13734 4/4/2003 13735 4/4/2003 13736 4/4/2003 13737 4/4/2003 13738 Anoka - Technical College Aspen Mills Bredahl Plumbing, Inc. Centennial Utilities CenterPoint Energy Connexus Energy Emergency Apparatus Maintenance Emergency Medical Products, Inc. Frattallone's Hardware International Assn. of Fire Chiefs McLeod USA Metrocall Milo Bennett Northway Irrigation Red Rooster Auto Stores Scott T. Mischke Sentry Systems, Inc. Stacy's Specialty Stitching Verizon Wireless Viking Office Products Randy T. Rolstad 1 of 1 ACCOUNT AMOUNT 42220 - Travel, Conf., School 705.00 42120 - Uniform Expense 1,000.84 42110 - Other Maintenance 276.86 42251 - Station 1 - Gas 493.56 42253 - Station 2 - Gas 1,189.63 42252 - Station 1 - Electric 312.39 42000 - Vehicle Maintenance 2,553.36 42260 - Medical Supplies 22.89 42110 - Other Maintenance 16.50 42200 - Dues and Memberships 185.00 42240 - Telephone 355.37 42240 - Telephone 69.90 42000 - Vehicle Maintenance 9.50 42110 - Other Maintenance 135.00 42000 - Vehicle Maintenance 33.92 42000 - Vehicle Maintenance 27.67 42110 - Other Maintenance 60.55 42190 - Fire Prevention Supplies 75.00 42240 - Telephone 125.06 42180 - Office Supplies 152.56 45510 - Garage Expense 253.89 Total $8,054.45 CONSENT AGENDA ITEM 1B STAFF ORIGINATOR: Al Rolek MEETING DATE: April 14, 2003 TOPIC: Resolution 03 -50 Amending the Flexible Spending Accounts Plan VOTE REQUIRED: Simple Majority (3/5 vote) BACKGROUND: The City maintains a flexible spending accounts plan through which employees may elect to pay for medical and daycare expenses using pre -tax income. From time to time it is necessary to update our plan documents to comply with and incorporate new regulations. It is recommended that the city's Flexible Spending Accounts Plan be amended to incorporate the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Rule, effective April • 14, 2003. Resolution 03 -50 incorporates the HIPAA regulations and the Privacy Rule into the current plan document OPTIONS: 1. Approve Resolution 03 -50 2. Deny Resolution 03 -50 RECOMMENDATION: Option 1 • • • • CITY OF LINO LAKES RESOLUTION 03 -50 RESOLUTION AMENDING THE FLEXIBLE SPENDING ACCOUNTS PLAN WHEREAS, WHEREAS, the plan was adopted per Resolution No. 78 -90 with the effective date of January 1, 1991, and the plan was amended and restated per Resolution No 95 -156 with an effective date of January 1, 1996, and per Resolution No. 00 -19 with an effective date of January 1, 2001 and again per Resolution 03 -07 with an effective date of January 1, 2003 and WHEREAS, the City of Lino Lakes wishes to amend and restate the plan document effective April 14, 2003 to comply with regulations promulgated by the Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) relating to certain privacy requirements, codified at 45 C.F.R. Part 164 (the "Privacy Rule "); and WHEREAS, Section 164.504(f)(2) of the Privacy Rule requires the Plan to be amended by April 14, 2003 in certain respects to be in compliance with HIPAA, and WHEREAS, the City wishes to amend the Plan to comply with HIPAA and the Privacy Rule, effective April 14, 2003. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby adopts this Amendment to the Plan, such Amendment to be in the form presented to the City Council, a copy of which is attached hereto as an exhibit and is, by this reference, incorporated herein, and to be effective as of April 14, 2003; and BE IT FURTHER RESOLVED, that appropriate officers of the city are hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment to the Plan to ensure that the Amendment hereby approved is in effect as of April 14, 2003. Adopted by the Lino Lakes City Council the 14th day of April 2003. • Ann Blair, City Clerk • John J. Bergeson, Mayor • The Stanton Group, Inc. • • HIPAA Business Associate Addendum This HIPAA Business Associate Addendum ( "Addendum ") supplements and is made a part of the administrative services agreement and as modified by any future amendment or restatement of such contract ( "Agreement ") by and between on behalf of and in its capacity as Plan Administrator of the Covered Entity ( "CE ") and Stanton Group, Inc. ( "Stanton "). This Addendum is effective as of April 14, 2003. RECITALS. A. CE wishes to disclose certain information ( "Information ") to STANTON pursuant to the terms of the Addendum, some of which may constitute Protected Health Information ( "PHI "). B. CE and STANTON intend to protect the privacy and provide for the security of PHI disclosed to STANTON pursuant to the Addendum in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 ( "HIPAA ") and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the "HIPAA Regulations ") and other applicable laws. C. The purpose of this Addendum is to satisfy certain standards and requirements of the Privacy Rule, including, but not limited to, Title 45, Section 164.504(e) of the Code of Federated Regulations ( "CFR "), as the same may be amended from time to time. In consideration of the mutual promises below and the exchange of information pursuant to this Addendum, the parties agree as follows: AGREEMENT. The parties identified above agree as follows: 1. Definitions. a. "CE" or "Covered Entity' for the purpose of this Addendum shall mean [name of health plan] and the term shall have the meaning given under the HIPAA Regulations, including, but not limited to, 45 CFR Section 160.103. b. "Stanton Group, Inc.." or " STANTON' is a business associate of the CE as that term is defined under the Privacy Rule, including, but not limited to, the Privacy Rule found at 45 CFR Section 160.103. c. "Individual' shall have the same meaning as given in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 502(g). 1514541v4 A -1 • • • f. Access to and Accountings of PHI. STANTON shall make available to CE's Plan Participants such information as required to fulfill the Plan's obligations to provide access to, provide a copy of, and account for disclosures with respect to PHI pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Sections 164.524 and 164.528. STANTON shall also retain a copy of its list of disclosures of PHI and provide such list to CE upon request and /or upon termination of this Agreement g. Amendment of PHI. STANTON shall make the PHI of a Plan Participant available to that Participant and also shall receive, review and respond to requests for amendment or correction of the PHI of a requesting Plan Participant as required to fulfill the Plan's obligations to amend PHI pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and STANTON shall incorporate any amendments to the Plan's PHI into copies of such PHI maintained by Business Associate h. Internal Practices. STANTON shall make its internal practices, books and records relating to the use and disclosure of PHI received from CE (or created or received by STANTON on behalf of CE) available to the Secretary for purposes of determining STANTON's compliance with the Privacy Rule. i. Notification of Breach. During the term of this Addendum, STANTON shall notify CE within forty -eight (48) hours or if later, by the end of the next business day of any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and /or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. STANTON shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. j. Document Retention. STANTON shall maintain PHI for a period of six years from the date received or transmitted, unless CE agrees to receive and store the PHI itself. 3. Obligations of CE. a. Disclosure of PHI in accordance with Privacy Rule. Pursuant to the terms of this Addendum and the Privacy Rule, CE shall disclose PHI to STANTON in accordance with the Privacy Rule and this Addendum. Disclosure under this Addendum may also include disclosure directly to STANTON from CE's agents or subcontractors, or another covered entity or business associate of the CE (besides the health plan, which may include but is not limited to a claims administrator, insurer, third party administrator or health care provider or clearinghouse) which maintains and has access to the CE's PHI, provided that such disclosure is in accordance with the Privacy Rule and any contracts regarding disclosures of PHI entered into between the CE and the agent, subcontractor, other covered entity or business associate of the CE. 1514541v4 A -3 • • • unsuccessful, CE shall either (i) terminate this Addendum, if feasible or (ii) if termination of this Addendum is not feasible, CE shall report STANTON's breach or violation to the Secretary. c. Judicial or Administrative Proceedings. Either party may terminate this Addendum, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. d. Effect of Termination. Upon termination of this Addendum for any reason, STANTON shall return and /or destroy (unless subject to a court order prohibiting destruction or requiring production) all PHI received from CE (or created or received by STANTON on behalf of CE) that STANTON still maintains in any form, and shall retain no copies of such PHI or, if return or destruction is not feasible, it shall continue to extend the protections of this Addendum to such information, and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 6. Indemnification. Each party will indemnify, hold harmless and defend the other party to this Addendum from and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or partial - fulfillment or non - fulfillment of any undertaking on the part of the party under this Addendum; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connection with the party's performance under this Addendum. 7. Disclaimer. CE makes no warranty or representation that compliance by STANTON with this Addendum, HIPAA or the HIPAA Regulations will be adequate or satisfactory for STANTON's own purposes or that any information in STANTON's possession or control, or transmitted or received by STANTON, is or will be secure from unauthorized use or disclosure. STANTON is solely responsible for all decisions made by STANTON regarding the safeguarding of PHI. 8. Certification. To the extent that CE determines that such examination is necessary to comply with CE's legal obligations pursuant to HIPAA relating to certification of its security practices, CE or its authorized agents and /or subcontractors, may, at CE's expense, examine STANTON's facilities, systems, procedures and records as may be necessary for such agents or subcontractors to certify to CE the 1514541 v4 A -5 • respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 12. Effect on Agreement. Except as specifically required to implement the purposes of this Addendum, or to the extent inconsistent with this Addendum, all other terms of the Agreement shall remain in force and effect. This Addendum shall govern with respect to terms required for compliance with the Privacy Rule. 13. Interpretation. This Addendum and the Agreement shall be interpreted as broadly as necessary to implement and comply with HIPAA, HIPAA Regulations and applicable state laws. All references in this Addendum to a section in the Privacy Rule means the section as in effect or as amended, and for which compliance is required. The parties agree that any ambiguity in this Addendum shall be resolved in favor of a meaning that complies and is consistent with the Privacy Rule. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum as of the Addendum Effective Date. • CE: STANTON GROUP, INC. By By Print Name: Print Name: Title: Title: • Name of Plan Administrator Date: Date: 1514541 v4 A -7 • • AGENDA ITEM A STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police DATE April 14, 2003 TOPIC VOTES REQUIRED: BACKGROUND Accepting Minnesota Department of Public Safety, Office of Traffic Safety Award for dedicated services to the Safe and Sober Communities Grant program 3/5 votes The Lino Lakes Police Department is requesting that we accept the award for being the lead agency participating in the Safe and Sober Communities project for a three year period of October 1, 1999 to September 30, 2002. This camera will be mounted in a squad car and the state will pay for the cost the installation. OPTIONS 1. Accept the award. 2. Not accept the award. RECOMMENDATION Option No. 1 • AGENDA ITEM 6A • STAFF ORIGINATOR: Linda Waite Smith, City Administrator MEETING DATE: April 14, 2003 TOPIC: Consider Centennial School District Request for a Private Well at Rice Lake Elementary School, Resolution 03 -53 VOTE REQUIRED: 3/5 BACKGROUND: The Centennial School District has several school sites that are connected to City sewer and water but have wells for irrigating athletic fields. Rice Lake Elementary is hooked up to City sewer and water but does not have an irrigation well. One of the cost cutting recommendations from a citizen advisory group was for the school district to install an irrigation well at Rice Lake Elementary School. Based on utility bills on other school sites, district officials estimate it would save approximately $20,000 per year. Section 401.15 Subd. 2 states: All new homes or buildings shall connect to the municipal water system if a water main is available to the property unless the council approves a private well where circumstances exist. The two main circumstances that exist from the school district's viewpoint are that it would save the district money and it would conserve treated city water, thus extending the life of the system. Staff recommendations need to be consistent with existing regulations but the City Council has the authority to make exceptions. Therefore, two versions of Resolution 03- 53 have been prepared: one denies the request, one approves the request. OPTIONS: 1. Adopt Resolution No. 03 -51 Denying the Request for a Private Well. 2. Adopt Resolution No. 03 -51 Approving the Request for a Private Well. 3. Return to staff for further review and /or action. RECOMMENDATION: • 1. Option #1 • CITY OF LINO LAKES • RESOLUTION NO. 03 - 49 RESOLUTION ACCEPTING CAMERA FROM THE DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY WHEREAS, the Lino Lakes Police Department was the lead agency for the Safe and Sober grant program for years 1999 -2000, 2000 -2001 and 2002 -2002; and WHEREAS, the Office of Traffic Safety recognizes the dedication to this program in the proper distribution of monies to each participating agency throughout Anoka County, and for proper recordkeeping, and WHEREAS, the Department of Public Safety, Office of Traffic Safety would like to present the Lino Lakes Police Department with a camera from Mobile Vision to be installed in a police squad car, and NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the award of this camera and wishes to express its gratitude to the Department of Public Safety, Office of Traffic Safety for this award. Ann Blair, City Clerk John Bergeson, Mayor STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 7A (i) Michael Grochala April 14, 2003 DQ Grill & Chill: Site Plan Review and Conditional Use Permit (for a drive - through) Lot 1, Block 1, Lino Lakes Marketplace 2nd Addition VOTE REQUIRED: Simple Majority BACKGROUND In August of 2001 the City Council approved the Lino Lakes Market Place PDO (Ordinance No. 16 -01), which included the development of a restaurant to be located along Lake Drive. While the PDO established the general use and design parameters within the Market Place development, the Special Provisions section of Ordinance No. 16- 01 requires that the development of single tenant buildings on the site, including the proposed restaurant, be subject to site plan review approval in accordance with the Lino Lakes Zoning Ordinance. The applicant, Frauenshuh Companies, has now submitted an application to construct a 3,487 sq.ft. building upon a 45,802 sq.ft. lot, as previously proposed in the PDO. The building would house a DQ Grill & Chill Restaurant. Planning and Zoning Board The Planning and Zoning Board reviewed the request at its March 12, 2003 meeting. The board recommended approval of the Site and Building Plans and CUP for the accessory drive through with the following conditions: 1. Building elevations shall be modified to incorporate face brick consistent with the material types and colors used throughout the Market Place Development with the exception of the stone treatment on the "chimneys ", 2. Perimeter and interior landscaping will shall be provided in conformance with the MarketPlace PDO requirements. Islands located in the parking lot shall be landscaped and of sufficient width to accommodate the vegetation. 3. The plans shall be modified to the reduce the impervious surface to 75% or less. City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP 4. The modifications and comments as set forth in the City Engineer's memo, dated March 6, 2003, shall be incorporated into the plans. 5. The ordering Kiosk, in the drive - through lane shall be relocated westerly to accommodate additional stacking. 6. The drive - through exit shall be extended to the south to route existing traffic through the parking lot more uniformly. 7. The sidewalk area shall be modified to provide separation between the parking stalls. 8. The applicant shall enter into a Site Performance Agreement with the City. The applicant has submitted revised plans addressing these conditions as follows: 1.) Site Plan (A1.1), dated 4 -4 -03. 2.) Landscape Plan (L1), dated 4 -4 -03. 3.) Grading, Drainage, and Erosion Control Plan (C1), dated 4 -4 -03. 4.) Utility Plan (C2), dated 4 -4 -03. 5.) Exterior Elevations (A3.1), dated 4 -4 -03. 6.) Exterior Elevations (A3.2), dated 4 -4 -03. 7.) Photometric Plan (ESL -1), dated 4 -4 -03. ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Mixed Use Shopping Center (SC) PDO West Commercial Neighborhood Business & General Business North Mixed Use Shopping Center (SC) PDO East Mixed Use " South Mixed Use ii Lot Area Requirements The 45,802 sq.ft. lot is consistent with the approved Lino Lakes Market Place PDO Site Plan. 2 City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP Setback Requirements Principle Building Parking Lot Required Proposed Required Proposed 15 feet From Arterial Street 50 feet 50 feet 15 feet Side Yard 10 feet 27 +feet 5 feet 5 feet Rear Yard 30 feet 50 feet 5 feet N/A per PDO Building Materials Building materials for the site are specified within the Market Place PDO, under "Design Guidelines" (Section 2.B), which delineate a number of materials, colors, finishes, and accents to be used for any building constructed within the Market Place complex, in order to achieve a uniform architectural aesthetic. Building materials requirements for single use tenants are particularly noted in Section 2.B.5, which states: "Single use tenants shall substantially comply with the development standards outlined above while still maintaining their retail dress image. It is strongly encouraged that each building incorporate the gable end roof form and standing seam metal over the entry or on the corners to reflect the vernacular established by other buildings on the site." In conformance with the Planning and Zoning Boards recommendation the applicant has submitted revised building elevations that incorporate face brick consistent with the material types and colors used throughout the Market Place Development. The stone treatment on the "chimneys ", as proposed, would still be permitted to maintain the franchise image. Building Height According to the Zoning Ordinance, no building within a Shopping Center (SC) Zoning District may exceed 45 feet in height. At 20 feet in height, the proposed restaurant complies with the Ordinance. Landscaping Perimeter and interior landscaping, in conformance with the Market Place PDO master landscaping plan. The revised landscaping plan incorporates the tree types and quantities as setforth in the Market Place PDO. Additionally, landscaping parking islands, including overstory trees has been added to the plan. 3 City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP • Green Area • The revised plans show 25.5% of the site area as green area in conformance with the district provisions. Access /Circulation Access to the site from Lake Drive (C.S.AH. 23) is via either Apollo Drive or the secondary entrance at Market Place Drive. A private road connecting Apollo Drive and Market Place Drive borders the eastern side of the site. An entrance /exit driveway from the site connects to this road. As stated in the Engineer's report potential queuing or stacking of drive through service traffic into the driveway entrance area and neighboring street is a possible concern. To mitigate this concern the plans have been revised to show the relocation of the ordering Kiosk westerly to accommodate additional stacking. Additionally, the drive - through exit has been extended slightly further south, eliminating one parking space, to route existing traffic through the parking lot more uniformly. Accessory drive - through facilities are subject to the following requirements: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The Site and Building Plans are consistent with the approved Market Place PDO. 2. At the boundaries of a residential use or district, a strip of not less than ten feet shall be landscaped and screened in compliance with Section 2, Subd. 4.S. of this Ordinance. Comment: The site does not abut any residential districts. Landscaping will be provided around the perimeter of the site in accordance with the approved Market Place PDO Landscaping Plan. 3. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S of this Ordinance. Comment: The site does not abut any residential districts. 4. Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade. City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP Comment: curbing complies with regulations. 5. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5 of this Ordinance and shall be subject to the approval of the City Engineer. Comment: The site design has been modified to minimize vehicle conflicts. 6. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Comment a drainage plan has been submitted for review by the City Engineer. 7. The entire area other than occupied buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. Comment bituminous surfacing of parking areas is proposed in conformance with city requirements. Parking Fast Food restaurants are required to provide parking at a rate of fifteen off - street parking spaces for each 1,000 square feet of gross floor area. For the purposes of calculating parking spaces, the ordinance requirement is to use 90% of the gross building area. gross code Spaces Spaces area 90% requirement Required Provided 3487 3138 15 per 1000 square feet 47 50 As proposed the site satisfies city parking requirements. Pedestrian Circulation Plans show sidewalks on the east side of the site, linking the site to the other businesses within the Market Place development. Sidewalks within the larger Market Place site link to a planned trail along Lake Drive. The proposed sidewalk width has been reduced to six feet, consistent with the remainder of the Market Place sidewalks to provide separation between the sidewalk and parking stalls on the southeast side of the site. • City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP Lighting Lighting fixtures are shoebox style with downcast lighting, in conformance to City standards and similar to fixtures within the rest of the Market Place complex. The lighting plan meets with the approval of the OPTED review. The Market Place PDO requires that any building- mounted accent lighting should conform to standards noted in the PDO. Accent lighting is proposed for the building and staff are working with the applicant to insure that minimal direct or sky- reflected glare results. Signage Signage is governed by the City's sign ordinance and permits are required for all signs. All signs will be reviewed with the sign permit applications. The Lino Lakes Market Place PDO, Section 2.C.1.d, states that wall signage for single tenant buildings within the Lino Lakes Market Place complex "shall be designed in accordance with the sign requirements of the Shopping Center (SC) Zoning District as specified in Ordinance No. 12 -97" (Lino Lakes Sign Ordinance). According to the Lino Lakes Sign Ordinance, wall signage in the SC District is limited to one wall sign, which is limited in size to 100 sq.ft. or 20% of the building face, whichever is less. The Market Place PDO, provides for one monument sign on the site in accordance with the approved design standards. Trash Trash equipment will be confined to a fully enclosed structure, which will be constructed of brick to match the principle building and located at the southeast corner of the site. Utilities A utility plan has been submitted for review by the City Engineer. Water and Sanitary sewer service were provided to service the site as part of the Market Place development. As a condition of plan approval, the utility related modifications and comments, as set forth in the City Engineer's memo, should to be incorporated into the final plans. Stormwater management A grading and drainage plan has been submitted for review by the City Engineer. As a condition of plan approval, the grading and drainage related modifications 6 City Council April 14, 2003 DQ Grill & Chill Site Plan Review & CUP and comments as set forth in the City Engineer's memo should to be incorporated into the plans. The plan is not subject to review and approval from the Rice Creek Watershed District. • ENVIRONMENTAL BOARD ACTION The Environmental Board reviewed the project on February 26, 2003 and recommended approval. Their comments are attached and have been incorporated into this report were applicable. RECOMMENDATION The proposed Site Plan is consistent with the City's Zoning Ordinance and the Lino Lakes Market Place PDO. Staff recommends approval of the proposed DQ Grill & Chill Site Plan Review and CUP, with the following conditions: 1. The Utility and Grading and Drainage plans shall be subject to final review and approval by the City Engineer. 9. The applicant shall enter into a Site Performance Agreement with the City. ATTACHMENTS 1. Resolution No. 03 -46 2. General Location Map 3. City Engineer's Comments 4. Environmental Board Comments 5. Site Plan 6. Landscaping Plan 7. Grading Plan 8. Utility Plan 9. Building Exterior Elevations CITY OF LINO LAKES • RESOLUTION NO. 03 -46 • RESOLUTION APPROVING SITE AND BUILDING PLANS AND APPROVING CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE THROUGH DAIRY QUEEN CHILL AND GRILL WHEREAS, the City has received an application for site and building plan approval for a 3,487 square foot restaurant and an application to approve a conditional use permit for an Accessory Drive - through Facility; and WHEREAS, the legal description of the property is: Lot 1, Block 1, Market Place 2nd Addition ;and WHEREAS, the site and building plan and conditional use permit approval request is based on the following plans prepared by Welman Sperides Architects: Site Plan dated 4/4/03 Landscape Plan dated 4/4/03 Grading, Drainage and Erosion Control Plan dated 4/4/03 Utility Plan dated 4/4/03 Exterior Elevations dated 4/4/03 Photometric Plan dated 4/4/03 and WHEREAS, at their meeting on March 12, 2003, the Planning & Zoning Board held a public hearing on the site and building plan review and conditional use permit request for an Accessory Drive - through Facility and recommended approval with conditions; and WHEREAS, the City Council of the City of Lino Lakes finds that, the following findings of fact apply to the Conditional Use Permit request for an accessory drive - through as required by Section 2, Subdivision 2.B. of the zoning ordinance: a. The use will not be detrimental or endanger the public. b. The application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan. The comprehensive plan guides for commercial use of this site. The proposed use is consistent with the master plan of the Market Place PDO. c. The application is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area. The Building design is consistent with the architectural requirements of the Market Place PDO. d. The application will be served adequately by essential public facilities and services, including street, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. The application will not create excessive additional requirements at public cost for public facilities and services and will enhance the economic welfare of the community. f. The application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed commercial uses upon this site should not create any excessive externalities that would be abnormal to the character of commercial sites. g. The application has vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. The application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. The application conforms to specific standards of this ordinance applicable to the particular use. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 2. The Utility and Grading and Drainage plans shall be subject to final review and approval by the City Engineer. 3. The applicant shall enter into a Site Performance Agreement with the City. BE IT FURTHER RESOLVED, that the Lino Lakes City Council hereby approves the conditional use permit for an Accessory Drive - Though Facility. Passed by the Lino Lakes City Council this 14th day of April, 2003. ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor ov po 41V444 ineretv Almisirr 10 0 Amoblim ills All, iiiiial Ara linilla N BR Ii Ng It it- HIGHWAY NO 49 AltAL 0 J s5\ • • Memorandum DATE: March 6, 2003 TO: Mike Grochala FROM: James E. Studenski, City Engineer RE: Dairy Queen Chill and Grill Attached is the TKDA design review dated March 6, 2003, of the submitted documents for the proposed Dairy Queen Chill and Grill. The overall design is in conformance with the City of Lino Lakes requirements. The following comments must be addressed prior to final approval given for this project. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651 -982 -2400 Fax: 651 -982 -2499 0 TDD: 651 - 982 -2410 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292-0083 Fax www.tkda.com To: James Studenski, City Engineer Reference: Dairy Queen Chill and Grill Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink Date: March 6, 2003 Comm. No. 12701 -002 Routing: The proposed plans provide for the construction of a Dairy Queen "Chill and Grill" facility directly east of Lake Drive (CSAH 23) in the westerly portion of the Lino Lakes Market Place development. A set of plans has been submitted to the City of Lino Lakes for the above referenced project. The following review comments are presented based on the following: 1. Full Size and Reduced Size Plan Sets, Sheets T1, C1 -C3, Ll, Al -A6, (11 sheets total), prepared by 410 Welman Sperides Architects and BKBM Engineers 2. Copy of Drainage Calculations submitted by BKBM Engineers to Rice Creek Watershed District and dated February 7, 2003. 3. Plans previously submitted to the City and titled "Lino Lakes Marketplace ", prepared by Parsons Transportation Group, Inc. for Ryan Companies, USA, dated 0ctober.3, 2001. Comments - General The project site is located adjacent to the east side of Lake Drive (CSAH 23), just north of I -35W. Any type of temporary access or work within the right of way will be subject to the review and approval of Anoka County. Any work within the County Right -of -Way requires a permit from the County. The Developer shall be responsible for attaining said permit and adhering to any other conditions of the County as required. The plan review has been performed in conjunction with plans previously submitted and titled "Lino Lakes ' Marketplace ", prepared by Parsons Transportation Group, Inc. for Ryan Companies, USA, dated October 3, 2001. The Chill and Grill site generally conforms within the scope and layout of the larger Marketplace area plan. The Contractor shall adhere to working hours for construction activities in accordance with the requirements of the City of Lino Lakes. A single entrance from the east (Marketplace area) is provided for the site. Potential queuing or stacking of drive through service traffic into the driveway entrance area and neighboring street is a possible concern. The proposed construction appears to be consistent with similar types of facilities constructed elsewhere. However, based upon the configuration, it appears that there is enough stacking for only about 4 cars from the ordering kiosk, before spilling into the entryway. During periods of high volume traffic (i.e., lunch An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Dairy Queen Chill and Grill Page 2 March 6, 2003 City of Lino Lakes, Minnesota hours, etc.), this may create congestion and safety concerns. It is recommended that the Owner address this issue further. In addition, it is recommended that the drive- through exit be extended slightly further south (eliminating one parking space), to route exiting traffic through the parking lot more uniformly. Comments - Drainage Review and Calculations Hydro -Cad calculations have been reviewed and accepted. The proposed site is included within the greater area of the Lino Lakes Market Place Master Plan, which was previously reviewed and approved by the Rice Creek Watershed District. The proposed Dairy Queen Chill and Grill site generally meets the concept design presented in the permit previously approved. Grading, Drainage, and Erosion Control 1. The site area is approximately 1 acre in size. Although the site area has already been approved by Rice Creek Watershed District, erosion control measures will be required, and are addressed on the plans. 2. Under note 7, the Contractor shall provide a sweeper to clean streets and paved areas outside of the project site on a daily basis as needed. 3. The Contractor shall confine all work activity, including storage of equipment and materials, to the site area itself. The Contractor's activity shall not impede or impact traffic access for other businesses and through traffic in the immediate area. All adjacent streets and access drives shall be kept clear at all times. Utilities 1. The proposed site improvements will be connected to either in place utilities or utilities constructed as part of the overall Lino Lakes Marketplace Plan. The Chill and Grill utility plan shows a combination of existing and proposed sanitary sewer, storm sewer, and water facilities. These utilities are not clearly defined as to which are existing and proposed, and whose responsibility it is to construct them. It does appear that all necessary supporting existing infrastructure has been constructed and is in place. . 2. A note must be added that the City of Lino Lakes Utility Supt. Shall be contacted at least 48 hours prior to any utility work, utility connections, or any work in the public right of way performed. 3. A note must be added that all sanitary sewer and water main installed as part of this project shall be installed, tested and accepted per the requirements of the City of Lino Lakes, Specifications of the City Engineers Association of Minnesota, the Minnesota Department of Health, and the Minnesota Pollution Control Agency as required. Sanitary Sewer service pipe shall be SDR 26 or SCH 40 and ductile iron water.pipe shall be CL 52. Gate Valves shall be Mueller A- 2370 -20 with mechanical joints, meeting AWWA Specifications C500 -61. Valve Boxes shall be Mueller H -10357 with H- 10361 drop lid and extensions shall be Mueller H- 10363. • MEMORANDUM To: Michael Grochala CC: Jeff Smyser From: Marty Asleson Date: 03/03/03 Re: Environmental Board Recommendations /February 26, 2003 The following recommendations were made at the February 26, 2003 Environmental Board Meeting regarding the Dairy Queen Grill and Chill: • The site landscaping proposal should be redesigned to reflect the original intent of the Market Place Landscape Plan. Island areas large enough to support shade trees should be designed into the parking areas. Additional shade trees should be incorporated in to the North and South boundary areas of the design. Island areas on the SE and SW sides of the building should include shade trees. Island areas on the SE and SW side of the building should include a native "ornamental style" ground story that complements the front island design of Target. Screening -type plant materials along Apollo Drive should be consistent with the landscape -scale design approved in the Market Place Plan. Additional trees should be placed in the green area to the West of the building. Additional shade trees should be placed along Apollo Drive. Added trees should be oak species. Northern Pin/Red Oak or Burr/White Oak. • The City minimum standard for parking stalls should be used for the design of this site. • A suggestion was made to lower the parking lot light fixtures without adding additional fixtures. • That the surface water calculations for the site should not exceed the intended calculations approved by the original Market Place, after adjustment for lot size changes. Our City Engineer should verify this. • A sequencing plan should be submitted for erosion control and soil compaction prevention in areas designated as future green space or infiltration areas. • A site maintenance plan should be submitted for parking lot sweeping, and litter pick- up. Motion to approve with staff and Environmental Board recommendations by O'Dea. Second be Schneider. All approved. veu wxcl Tr.i.aroaS +.1+, (1.1.7.■■ •••••■•■■ 55,/ -SH SIDI 5VTN• gammas Nvpnam, tem,■•3 wviss VIIIRKIS11301.011 MaNiantolainalinnEree W sq. 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Il ddQds l l � : I !l dliIi I ddI90 t ' i iIl'.il1il!l1'I y .r N I �I . 1 1d l 1Y! l IilO II �lle'�!h! i ' '' 1.11 I 1I, l; 'I;�l; j i'!ai e ° i !I llr l I i stililclr II Is�1111111 11 IIHIIIIIIIIIIIIIIIIIHII II II 11111111111111111111111111 1111 1111611111,1 e9 1 8 5 1 e 4 1 • 1i x a a a 11 e 1 v c F 5 E e 1 c 1 a c a i s • F 9 • c F w di c • i 9 r 111 g a r 0 0 -oo_o 00 Y gigg 2 19111g i001 o o 00 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 7A (ii) Michael Grochala April 14, 2003 Consideration of Resolution Approving Dairy Queen Site Performance Agreement Hospitality Group) Simple Majority No. 03 -47 Improvement (Frauenshuh The City Council is considering approval of the Site and Building Plans for the Dairy Queen Chill & Grill, with conditions per Resolution No. 03 -46 on April 14, 2003. In accordance with the Site and Building Plan approvals staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing thirty -five (35) percent of the site improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. The developer has reviewed the agreement and is aware of the conditions setforth. RECOMMENDATION: Staff is recommending approval of Resolution No. 03 -47 approving the Site Performance Agreement. ATTACHMENTS 1. Resolution No. 03 -47 2. Site Performance Agreement • CITY OF LINO LAKES RESOLUTION NO. 03-47 RESOLUTION APPROVING DAIRY QUEEN SITE IMPROVEMENT PERFORMANCE AGREEMENT WHEREAS, the Site and Building Plan Review of the Dairy Queen Grill and Chill was approved with Resolution No. 03-46 by the City Council on April 14, 2003, and WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval provide for the execution of a performance agreement to insure satisfactory completion of the improvements, NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the Site Improvement Performance Agreement with Frauenshuh Hospitality Group of Minnesota and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 14th day of April, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 2003, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Frauenshuh Hospitality Group of Minnesota whose address is 7101 West 78th Street, Suite 100, Bloomington, Minnesota 55439, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval with conditions of the Site Development Plans, hereinafter called the "Plans" by the City Council of the City on the 14th day of April, 2003 by Resolution No. 03-46 (Exhibit A) and in accordance with the Plans all which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 1, Block 1, Lino Lakes Market Place 2nd Addition NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: THE WORK Developer's Work The Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, site grading, and erosion control measures. COST ESTIMATES The. Developer shall provide the City with a written estimate of all applicable costs of the Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. Cost of Developer's Improvements, and description are as follows: Description of Improvements Estimated Costs 1. Lighting $17,500.00 2. Fences /Screen Structures $ N/A 3. Trash Disposal Enclosures $ 7,800.00 4. Curbing/Islands/Delineators $10,950.00 5. Storm Drainage System/ Sewers/ Catch Basins /Culverts/Swales $10,890.00 6. Driveway /Curbcut/Parking Lot/Fire Lane Construction $32,100.00 7. Watermains/Hydrants /Sanitary Sewers $ 4,900.00 8. Landscaping $ 9,745.00 9. Site Grading $ 8,639.00 10. Erosion Control $ 1,360.00 Total Estimated Cost of Developer Improvements $103,884.00 Security Requirement (Total x .35) $36,359.40 COMPLETION DATE The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months (except as to landscaping and similar site improvements that cannot reasonably be completed due to weather or seasonal conditions), the site approval shall no longer be in effect, and application and approval of site and building plans shall be required. GUARANTEE 1. Faithful Performance of Construction Contracts and Letters of Credit. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's improvements and hereby guarantees the workmanship and materials for a period of one year • following the City's final acceptance of the Developer's improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35 %) percent of the total estimated cost of Developer's improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Site Improvement Performance Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty • (30) days prior to its expiration with a like letter. 2. Reduction of Escrow Guarantee. The Developer shall be entitled to a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be reasonably determined by the City Engineer. REIMBURSEMENT OF COSTS The Developer agrees to establish a noninterest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all costs incurred by the City related to the development and improvement of the site and Developer improvements, including, but not limited to, the following: 1. Administration (Planning, Engineering, Legal, etc.) $1,500.00 2. Sanitary Sewer Trunk unit charge ($984 per SAC unit) estimated. $4,920.00 3. Water Trunk unit charge ($1,588 per SAC unit) estimated. $7,940.00 Total Estimated (Budget) Costs for Escrow Account $14,360 If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. REMEDIES FOR BREACH The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City in writing of its intention to cure the default within 10 days thereafter (or such longer period as may be reasonably required to cure the default if such cure cannot reasonably be completed within such 10 -day period), the City may proceed with the remedy it deems appropriate. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may, in writing, direct the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after not less than 10 days' prior written notice (or such longer period as may be reasonably required to cure the default if Developer has commenced cure of such default and such cure cannot reasonably be completed within such 10- day period), may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein,. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements (other than landscaping and similar site improvements that cannot reasonably be completed due to weather or seasonal conditions) as more fully described in the approved plans and following issuance of a Certificate of Occupancy. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. T imits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. • VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its • option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. CER'l IHCATES City without charge shall from time to time, upon not less than 15 days' written request by Developer, certify to the Developer and any other party having or acquiring an ownership, leasehold or security interest in the Property, to the extent true, that this Site Improvement Performance Agreement has not been supplemented or amended, specifying the amount of cash or letter of credit that is on deposit under this Agreement, that neither City nor Developer is in default under this Agreement, and containing such other information as may be reasonably requested. Upon completion of the Work and expiry of the Developer's one -year guarantee period following the City's final acceptance of the Developer's improvements, City without charge shall issue a certificate of completion in recordable form confirming that Developer has performed all of its obligations under this Site Improvement Performance Agreement and this Site Improvement Performance Agreement is of no further force or effect. DEVELOPER Developer • CITY OF LINO LAKES By Mayor A'1 °1'EST: By Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 20_, before me, a Notary Public within and for said County, personally appeared John Bergeson and Ann Blair, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF On this day of , 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they/he executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 • AGENDA ITEM 7 B STAFF ORIGINATOR: Michael Grochala C. C. MEETING DATE: April 14, 2003 TOPIC: Resolution 03-45: Approving Site & Building Plan and Commercial MUSA Allocation 7960 Lake Drive Robert Mueller VOTE REQUIRED: 3/5 BACKGROUND The application is for a site and building plan review on a vacant commercial lot on the southeast corner of Lake Drive and James St. Mr. Robert Mueller proposes to build an office building for professional offices. The site is guided and zoned for this type of use. It is not within the MUSA: in order to connect to city utilities, it must receive MUSA. ANALYSIS Land Use and Zoning: Location Existing Land Use Guided Land Use Existing Zoning Site vacant Commercial CB Central Business North commercial (bank) Commercial CB Central Business South commercial (rental business) Commercial CB Central Business and R -X Rural Executive East single family home Low Density Unsewered Residential R -X Rural Executive West Lake Drive, single family homes Low Density Sewered Residential R -1 Single Family Residential MUSA: The site currently is not within the MUSA. With the adoption of the comprehensive plan, the City has a MUSA reserve. As stated in the comprehensive plan and reiterated in Ordinance 01 -03, the Growth Management Policy, we have a total of 74 acres of commercial/industrial MUSA reserve. This can be allocated anytime prior to year 2010. The Mueller project will require 0.73 acres of MUSA reserve. The site is within a Stage 1 growth area, which allows for utility extension prior to year 2010. It is guided for commercial land use. It will not overburden the transportation, sanitary sewer, or water infrastructure and the development is not premature according to Mueller Site Plan and MUSA April 14, 2003 page 2 the standards listed in City ordinance and incorporated into the growth management policy. The submittal complies with the CB zoning standards as follows: Building: The building resembles a rambler, and thus will be compatible with the residential character of the James St. neighborhood. The footprint is approximately 5766 sf. The building will be approximately 20 ft. high (average height of the pitched roof, according to the definition in the zoning ordinance). The exterior walls of the building will have a cultured stone base with face brick above. The roof will be asphalt shingles. The trash area is shown on the plan and will be screened with a wall of the same face brick as on the building. Parking: For offices, our code requires three spaces minimum, plus one space per 200 sf. For the purposes of calculating parking spaces, the ordinance requirement is to use 90% of the gross building area. gross Required Proposed Lot size minimum none 0.8 acres (existing) Lot width minimum none Setbacks: buildings from street rear lot line side lot line parking from street rear lot line side lot line 40, 30 10 10 15 10 10 40, 30 140 ± 10 15 10 10 Bldg. height 45 20 ± Impervious max. 85% 53% Building: The building resembles a rambler, and thus will be compatible with the residential character of the James St. neighborhood. The footprint is approximately 5766 sf. The building will be approximately 20 ft. high (average height of the pitched roof, according to the definition in the zoning ordinance). The exterior walls of the building will have a cultured stone base with face brick above. The roof will be asphalt shingles. The trash area is shown on the plan and will be screened with a wall of the same face brick as on the building. Parking: For offices, our code requires three spaces minimum, plus one space per 200 sf. For the purposes of calculating parking spaces, the ordinance requirement is to use 90% of the gross building area. gross code Spaces Spaces area 90% requirement Required Provided 5766 5189 1 per 200, plus 3 29 31 Lighting: Light fixtures in the parking lot will be on two poles. One, in a central location, will have four fixtures. The other will be near the driveway. All parking lot fixtures will be 90 degree cutoff fixtures. The photometric plan must indicate no more than 0.4 foot candles at the residential property line to the east, and no more than 1.0 at street centerlines. Mueller Site Plan and MUSA April 14, 2003 page 3 Signage: Signage is governed by the City's sign ordinance and permits are required for all signs. All signs will be reviewed with the sign permit applications. Landscaping: As shown on the landscape plan, a variety of trees, shrubs and ornamental plantings are proposed on site. Five existing 12 inch pines located along the eastern property line will be preserved. Utilities: A utility plan has been submitted for review by the City Engineer. Water and Sanitary sewer service were provided to service the site as part of the Lake Drive Utility Extension improvement project. As a condition of plan approval, the utility related modifications and comments as set forth in the City Engineer's memo should to be incorporated into the final plans. Stormwater management: A grading and drainage plan has been submitted for review by the City Engineer. As a condition of plan approval, the grading and drainage related modifications and comments as set forth in the City Engineer's memo should to be incorporated into the plans. The plan is not subject to review and approval from the Rice Creek Watershed District. The City native seed schedule should be used in infiltration and ponding areas. Revised plans should also include tree protection measures. The applicant will also be required to enter into a ponding maintenance agreement with the city. Roads, Access, Circulation The Site will be accessed from James Street. The access location is appropriately spaced between the Lake Drive intersection and an existing access into the US Bank property. ENVIRONMENTAL BOARD ACTION The Environmental Board reviewed the project on February 26, 2003. Their comments are attached and have been incorporated into this report were applicable. PLANNING & ZONING BOARD The P & Z reviewed the project on March 12 and recommended approval with conditions. _ _ Mueller Site Plan and MUSA April 14, 2003 page 4 OPTIONS 1. Approve Resolution 03 -45 approving the site and building plan and MUSA allocation. 2. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plan submittals: 1. Plan Set, Sheets 1 -3 (Grading, Drainage, and Erosion Control Plan; Site and Utility Plan; Landscaping and Tree Preservation Plan), prepared by Glenn Rehbein Companies, revised March 24, 2003. 2. Certificate of Survey for Robert A. Mueller, prepared by Glenn Rehbein Companies, dated February 6, 2003. 3. Architectural Plans, prepared by RJM and received by the City on February 10, 2003. 4. Photometric Lighting Plan, prepared by RJM and received by the City on February 10, 2003. ATTACHMENTS 1. Environmental Board Comments 2. City Engineer's Comments 3. General Location Map 4. Grading, Drainage and Erosion Control Plan 5. Site and Utility Plan 6. Landscaping and Tree Preservation Plan 7. Building Exterior Elevations • CITY OF LINO LAKES RESOLUTION NO. 03-45 RESOLUTION APPROVING A SITE AND BUILDING PLAN AND THE ALLOCATION OF 0.73 ACRES OF COMMERCIAL MUSA WHEREAS, the City has received an application for a site and building plan to allow a the construction of an office building; and WHEREAS, the legal description of the property is: (see ATTACHMENT A) d WHEREAS, the subject property currently is zoned CB Central Business; and WHEREAS, the site and building plan approval request is based on the following plans and related correspondence: • Plan Set, Sheets 1 -3 (Grading, Drainage, and Erosion Control Plan; Site and Utility Plan; Landscaping and Tree Preservation Plan), prepared by Glenn Rehbein Companies, revised March 24, 2003. • Certificate of Survey for Robert A. Mueller, prepared by Glenn Rehbein Companies, dated February 6, 2003. • Architectural Plans, prepared by RJM and received by the City on February 10, 2003. • Photometric Lighting Plan, prepared by RJM and received by the City on February 10, 2003. • TKDA Engineering Comments dated 3/6/03 and WHEREAS, the site currently is not within the existing boundaries of the Metropolitan Urban Service Area (MUSA) but the requested MUSA allocation is consistent with the comprehensive plan and growth management policy because: • the site is guided for commercial use in the comprehensive plan, • the site is in a Stage 1 growth area • the City has MUSA reserve available for commercial development • the proposed development is not premature and WHEREAS, at their meeting on March 12, 2003, the Planning & Zoning Board considered the site and building plan application and MUSA allocation and recommended approval subject to the conditions listed in the meeting minutes; and NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the allocation of 0.73 acres of commercial MUSA for the site, and; BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves the site and building plan and proposed project, with the following conditions: 1. The trash screening enclosure will use the same brick as the principal building. 2. Lighting must meet ordinance requirements of no more than 0.4 foot candles at the residential property line to the east, and no more than 1.0 at street centerlines. The applicant shall submit a new photometric plan that complies with these standards prior to commencement of site work. 3. The utility related modifications and comments as set forth in the City Engineer's memo, dated March 6, 2003, shall be incorporated into the final plans prior to commencement of site work. Plans shall be subject to City Engineer approval. 4. The grading and drainage related modifications and comments as set forth in the City Engineer's memo, dated March 6, 2003, shall be incorporated into the plans prior to commencement of site work. Plans shall be subject to City Engineer approval. 5. The grading and drainage plans shall be revised to include tree protection measures and measures to avoid soil compaction in designated infiltration areas. New plans that include these must be submitted prior to commencement of site work. 6. The Landscaping Plan shall be revised to include City native seed schedule for all infiltration and ponding areas. The new plan must be submitted prior to commencement of site work. 7. Prior to commencement of site work, the applicant shall enter into a Site Performance Agreement with the City and any financial securities shall be submitted. Such agreement shall provide for ongoing maintenance of ponding and infiltration areas. Adopted by the Lino Lakes City Council this day of 2003 John J. Bergeson, Mayor Al°LEST: Ann Blair, City Clerk • ATTACHMENT A City of Lino Lakes Resolution 03 -45 Property Description That part of the north half of the north half of the Northwest Quarter of Section 9, T. 31, R. 22, Anoka county Minnesota described as beginning at the intersection with the south line of said tract and the easterly right -of -way line of C.S.A.H. No. 23 (old highway No. 8) as now established; (said one -half right -of -way being 50 feet); thence east along said south line 288.70 feet; thence north at right angles 146.02 feet; thence west parallel with first described course 211.87 feet to said easterly right -of -way line of C.S.A.H. No. 23; thence . southwesterly along said line 165 feet to the point of beginning. Except the north 77 feet of the east 62 feet thereof. Subject to easements, conditions, or restrictions of record. • MEMORANDUM To: Michael Grochala CC: Jeff Smyser From: Marty Asleson Date: 03/03/03 Re: Environmental Board Recommendations/February 26, 2003 The following recommendations were made at the February 26, 2003 Environmental Board Meeting regarding the Mueller Office Building: • Mueller Office should submit soil boring information to the City, demonstrating that the seasonally high ground water would be at least 3 feet below the bottom of the proposed infiltration swales and ponds. • All lighting proposed should be kept to a minimum numbers and minimum heights. All lighting should be pointed down. Lighting should not exceed the City Standards for lot "spillage." Lights for the parking lot should be timed for off after business hours. • The City native seed schedule should be used in infiltration areas. • All sod areas should have four inches of topsoil thoroughly incorporated into the subsoil and should be irrigated. • A sequencing plan should be submitted indicating soil and tree protection measures. • A site maintenance plan should be submitted for pond and swale areas. The maintenance plan should include plans for parking lot sweeping and litter pick -up. Motion was made by O'Dea, Second by Grundhofer. All were in favor. Motion passed. • Memorandum DATE: March 6, 2003 TO: Mike Grochala FROM: James E. Studenski, City Engineer RE: Mueller Office Facility Attached is the TKDA design review dated March 6, 2003, of the submitted docurnents for the proposed Mueller Office Facility. The overall design is in conformance with the City of Lino Lakes requirements. The following comments must be addressed prior to final approval given for this project. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651- 982 -2400 • Fax: 651- 982 -2499 • TDD: 651 -982 -2410 • TKDA ENGINEERS • ARCHI I tC IS • PLANNERS • MEMORANDUM 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com To: James Studenski, City Engineer Reference: Mueller Office Facility Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink Date: March 6, 2003 Comm. No. 12701 -002 Routing: The construction of an office facility is proposed at the southeast corner of Lake Drive (CSAH 23) and James Street. A set of plans has been submitted to the City of Lino Lakes, and the following review comments are presented based on the following: 1. Plan Set, Sheets 1 -3 (Site, Grading, Drainage, and Erosion Control; Site and Utility Plan; Landscaping and Tree Preservation), dated February 1, 2003, Glenn Rehbein companies, W.A.T. McCully. 2. Certificate of Survey for Robert A. Mueller, Glenn Rehbein Companies, dated February 6, 2003. • 3. Architectural Plans, Mueller Office Facility, RJM, Sheets Al, PH -1, and A3, undated and received by the City of Lino Lakes on February 10, 2003. 4. Drainage Review calculations submitted by W.A.T. McCully and dated February 10, 2003. Comments - General The project site is located adjacent to and along the east side of Lake Drive (CSAH 23), just south of James Street. Access to the site is proposed to be from James Street, including construction access, and a permanent driveway /entryway. However, any work within the CSAH 23 (County) right -of -way will be subject to the conditions of Anoka County, including any permits and restoration requirements. In addition, the Contractor shall adhere to the requirements and limits of construction activity and working hours as established by the City of Lino Lakes. Sheet d - Grading, Drainage, and Erosion Control Plan 1. The site area is approximately 0.75 acres in size, and it does not appear that any wetlands are impacted. Therefore, review and approval of the Rice Creek Watershed District will not be required. However, erosion control measures must be established in accordance with the requirements of the City of Lino Lakes. • 2. The downstream invert elevation of the existing 12" CMP culvert pipe within the Lake Drive right of way must be verified to assure that storm water discharge will leave the site as proposed. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • • Mueller Office Facility Review Page 2 City of Lino Lakes, Minnesota March 6, 2003 3. There are shadings and graphics on Sheet 1 of the plan that do not correspond to any identification in the legend. These include drainage swales, pond outlets, and construction entrances, etc. These should be provided in the legend. 4. Grading Notes and Sequencing • Grading notes must be numbered to provide organization and clarity. • A rock construction entrance shall be furnished and installed as shown per the detail provided. The contractor will be responsible for clean-up of public streets, including sweeping as directed by the City, on a daily basis. • Silt Fence locations must be shown on the plan. • The note regarding clearing of trees should be revised to include language stating that clearing and grubbing shall be performed in accordance with the requirements of MnDot 2101. In addition, there are existing trees along the south property line where the grading of a swale is proposed. These trees appear to be on the property line, and if it is necessary to remove the trees, it is recommended that the owner reach an agreement with the neighboring property owner accordingly. • Notes regarding seeding and mulching should refer to the appropriate MnDot Specification for turf establishment (2575) and for the seed mixture specified (3876), or City of Lino Lakes seed spec. as appropriate. Equivalent seed mixtures may be used only upon approval of the City Engineer. A note refers to the 100 -year flood elevation. The elevation itself should be stated with the note. • A pavement section for the parking lot is listed for bit. base (1.5 "), wear (1.5 ") and CL 5 (6 "). Additional information must be added stating that the base must conform with MnDot 2331, the wear with MnDot 2341, and the aggregate base with MnDot 2211, and with the requirements of the City of Lino Lakes. An approved granular subgrade in accordance with the requirements of the City of Lino Lakes must also be provided. • A permanent driveway entrance /apron detail in accordance with the standards of the City of Lino Lakes must be provided. • An access and maintenance plan for the proposed ponding area must be provided. The property owner and any subsequent owners will be responsible for the maintenance and upkeep of said ponding area. • Mueller Office Facility Review Page 3 - March 6, 2003 City of Lino Lakes, Minnesota • All grading shall be confined to the property. No additional runoff from the site shall enter upon neighboring properties. Along the south property line where a swale is proposed, the existing ground elevation appears to slightly slope up as the property line approaches Lake Drive. There are also trees along the property line at this location. If grading requires any work into the adjoining property, the Contractor shall be responsible for attaining authorization as needed. 5. Hydro -Cad calculations have been reviewed and accepted. 6. Type A soils for the site are specified in the drainage calculations. No mining and removal from the site of Type A soils shall be permitted. Any soil imported to the site will be allowed only upon approval of the City Engineer. The plan states that existing topsoil is to be salvaged and re -used. No topsoil may be imported to the site without approval of the City Engineer. Sheet 2 - Utility Plan 1. The watermain tap should state connect to existing 12" watermain rather than existing 6" watermain. 2. The location and condition of the existing sanitary sewer service must be verified prior to making connection. In the event the existing service is not deemed adequate or in good condition, a new service shall be extended from the 21" sewer main. 3. The existing 15 LF of 1" copper should be disconnected and capped at the main. 4. A note must be added that the City of Lino Lakes Utility Supt. must be contacted at least 48 hours prior to any utility work, utility connections, or any work in the public right of way performed. The plans must provide an additional note stating that the Contractor shall be responsible for verifying and locating all underground utility locations, and must contact Gopher State One Call in accordance with State of Minnesota Regulations prior to performing and excavating. 5. A note must be added that all sanitary sewer and water main installed as part of this project shall be installed, tested and accepted per the requirements of the City of Lino Lakes, Specifications of the City Engineers Association of Minnesota, the Minnesota Department of Health, and the Minnesota Pollution Control Agency as required. Sanitary Sewer service pipe shall be SDR 26 and ductile iron water pipe shall be CL 52. Gate Valves shall be Mueller A- 2370 -20 with mechanical joints, meeting AWWA Specifications C500 -61. Valve Boxes shall be Mueller H -10357 with H -10361 drop lid and extensions shall be Mueller H- 10363. 6. The utility notes must be numbered to provide order and clarity. Sheet 3 — Landscaping 1. General Landscaping Notes must be numbered. • ■•J S:'• -ice 11 LAridiwzgAin2 EN02751 _VfiL Ise l is - f _��►�%� ° er - R !1� a� IV-MEE Ua' suArt Az% TA- evrelk - 0 ► Amor g! �. S 11. pzza6P- l:` uRQg ow A" tap afiF, 4Ii akitiCY Wir • ■r /9 COUNTY - STTRE- AID- NIYHWAY -!-N0, II 2 3 4 5 6 7 8 9 10 11 12/ 14 13 16 WANE 12 13 14 15 VIEW 17 24' 23._ 25' 2s, [371- 35 34 33 32 31 30 29 28 27 • T !TM yr N/38H3 V V1OS3NNIYY 'S3)I1(1 ONI1 • ?:13-133nw 808 • )JJ1I0d3 3010 83113111 NY1d 10E03 NOIS0113 ONV 39VNNO 1I0YN9 is e1 X Is .1 /I 1!1; g g ' 0! iR yLR� cFi $ $ a bi ry z` z •+F r,ob legmimivy sso< ti °°; mW(fISie 4��i 9 s2g�:yym =A1NN ' yyyyjj 1.4 ,o4W4wagi :!ma 4 3- 333 -m -r• �yy1W�a¢i y�! 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J XM AA As am. ■w M..+r tyro '�A�.II•r •.M r 1A ■•• 4.4 1 I1 1J� II II II II it 11 II _ SNOW/A3131101113D21 YW 3NNIN 'sSDm ON l urnnYJ 301A10 a3rnnn 11 U t • • • AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 14, 2003 TOPIC: Resolution 03 -44: Negative Declaration On The Need For An Environmental Impact Statement Eagle Brook Church VOTE REQUIRED: 3/5 BACKGROUND An Environmental Assessment Worksheet (EAW) prepared for the Eagle Brook Church has undergone public review. The City received comments and staff distributed a draft response document on March 19. The next step is for the City Council to make a declaration on the need for an Environmental Impact Statement (EIS). For reasons discussed in the response document and summarized in this report, staff is recommending a negative declaration: a decision that an EIS is not justified. The responses in the response document should be revised or corrected as necessary before distribution. The decision resolution and the response document will be sent to all agencies on the EAW distribution list and to everyone who sent in comments on the EAW. ANALYSIS The main issues raised by the EAW or in comments on the EAW relate to the following: heron rookery wetlands traffic and roadways wastewater stormwater management visual issues Minnesota Rule 4410.1700, Subpart 7 lists the criteria to be considered to determine if a project has the potential for significant environmental effects —that is, if an EIS is warranted. 4410.1700 DECISION ON NEED FOR EIS. Subpart 1. Standard for decision on need for EIS. An EIS shall be ordered for projects that have the potential for significant environmental effects. Subp. 7. Criteria. In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: A. type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and Eagle Brook Church April 14, 2003 page 2 D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. Heron Rookery: The heron rookery on the island in Peltier Lake is a wonderful and important natural resource. While unusual activity is believed to affect the rookery by disturbing the birds, it is impossible to say specifically what has caused the abandonment of nests in recent years. The church building site itself is over 2500 feet from the rookery island. The property on which the church is proposed borders the lake, but the western portion of the property will be left largely undisturbed. The closest construction work would be about 2000 feet from the island. This would include a new stormwater pond, grading, and the onsite septic system. The heavily wooded area along the lake and the wetland within the woods will not be disturbed. The church has expressed interest in participating in a cooperative effort to continue providing nesting forage on the church property. The Minnesota Dept. of Natural Resources stated in its letter that "Based on the DNR's perspective, this project does not require preparation of an Environmental Impact Statement (EIS)." The DNR is the agency with the greatest expertise on the herons and the rookery. Since the DNR does not believe the project warrants an EIS, there's no reason to require an EIS based on potential impacts on the rookery. Traffic and Roadways: The traffic generated by the proposed church would be greatest on Sundays, with other large events occurring irregularly. The peak generation would be 2240 trips (1120 in, 1120 out). During the week, traffic would be much less. If the site were to develop with single family residential homes, a quick, conservative estimate of traffic generated would be 1300 trips per weekday. The total traffic generation would be higher with residential development. This is not to discount residents' concern over additional traffic. However, additional traffic will occur with or without the church. In fact, the existing transportation infrastructure is inadequate to handle the development planned by the communities of Lino Lakes, Hugo, and Columbus Twp., not to mention possible development in Centerville. Recent discussion of a professional sports stadium and related development in the immediate vicinity represents an extreme case of major infrastructure reconstruction. Clearly, the road capacity issue cannot be resolved by Eagle Brook Church. One of the purposes of an EAW is to identify possible mitigation measures. At a minimum, the City of Lino Lakes, Anoka County, and the Minnesota Dept. of Transportation all must cooperate to address the problem. This also should include Columbus Twp., Hugo, Centerville, and Washington County because they will affect and • • Eagle Brook Church April 14, 2003 page 3 be affected by the transportation infrastructure in the immediate vicinity of the proposed project. All of these jurisdictions are discussing how to address the roadway issues that are known to all of them and highlighted by this EAW. The proposed church project does not create this problem of inadequate infrastructure. The church project is simply the first one to confront the problem. The next development project will face the exact same traffic issues, but on a day -to -day basis during the week. Such impacts likely would be greater than the traffic generated by the proposed church. The church has proposed the temporary mitigative measure of traffic control personnel at the affected locations: Main St. and 20th Ave., the freeway ramps, and the entrance to the site. As part of redesigning the site plans, the City and Anoka County will work with the project proposer to examine access options such as access roads rather than just driveways onto 20th Ave. The solution lies in a cooperative study of the land use in the area and the transportation infrastructure needed to support it. The problem can be corrected through cooperative infrastructure improvements by the numerous regulatory authorities involved in planning the infrastructure. Stormwater Management: Water quality questions are best addressed through the design of stormwater facilities. In the case of the proposed church, the design incorporates numerous elements known as best management practices, or BMPs. These include rain gardens, overland runoff, and swales, as well as native plantings around wetlands and on a large area (40+ acres) of the site intended for prairie grasses. The existing woodlands along the lake will remain undisturbed. The original plan was to leave the existing "ditch" underground. The EAW analysis resulted in a probable redesign to bring the ditch to the surface —to "daylight" it and realign it to improve the ability to maintain flow through the site. This likely will be an improvement over the existing situation, and would be done according to the requirements of the Rice Creek Watershed District. The Watershed states that is has no significant concerns about stormwater management. The grading plan and stormwater management design are subject to review by the Watershed and the City. Thus, the public regulatory agencies with jurisdiction over stormwater management, including the ditch, will address possible impact questions. Wetlands: The several existing wetlands on the site would experience no permanent impacts. The Rice Creek Watershed District, the regulatory agency with jurisdiction over wetlands, states that is has no significant concerns about wetland impacts. The grading plan and stormwater management design will indicate possible wetland impacts. These are subject to review by the Watershed and the City. Thus, the public regulatory agency with jurisdiction over the wetlands will address possible impact questions. • • • Eagle Brook Church April 14, 2003 page 4 Visual: Several comment letters included concerns about the visual impact of lighting and of a tall church spire. The City restricts lighting with provisions in the new zoning ordinance. Lighting must use 90 degree cutoff fixtures (e.g., shoebox type). All applications must include a photometric plan showing the lighting brightness across the property. Lighting can be no greater than 0.4 foot candles at a property line shared with a residential property. The limit is 1.0 foot candles at a road centerline. The other visual issue raised is the proposed 80 ft. spire. As can be seen in the building elevation attached to the response document, the "spire" is a decorative element rising 20 ft. above the pier, which is the tallest part of the actual building (60 ft.). The spire is not a belfry or tower like many churches have. Though the final design is unfinished, the spire may be a cross or simply a lighted element. As with any site and building plan, the specific architectural elements would be examined as part of the review. It is typical for applicants to work out these details in cooperation with the City prior to final approval. Because a church requires a conditional use permit, there would be a public hearing with final approval by the city council. The new zoning ordinance revisions include a change relative to the issue. Previously, the ordinance granted a blanket exemption from height requirements for church spires. The new ordinance exempts church spires up to 60 feet. The possibility of exceeding this remains in the ordinance, through the granting of a conditional use permit. Therefore, the regulatory authority of the City will be used to address the visual impact questions. SUMMARY The EAW analyses and the public comments do not raise the potential for significant environmental effects. Possible impacts are not extensive or irreversible, and they can be addressed through ongoing public regulatory authority of various jurisdictions including the City of Lino Lakes, the Rice Creek Watershed District, Anoka County, the Minnesota Dept. of Transportation, and others. Therefore, an EIS is not warranted. OPTIONS 1. Approve Resolution 03 -44 making a negative declaration on the need for an EIS. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • Eagle Brook Church April 14, 2003 page 5 ATTACHMENT A Corrections to the Draft Response Document Recommended corrections to the draft response document are listed below. Page 14: The response to a comment on Item 7, regarding the spire height, should be corrected to include the revised zoning requirements. The response should be corrected to read as follows: City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance states that the building height limits established in each zoning district shall not apply to specified uses, including farm structures, church spires up to 60 ft., belfries up to 60 ft., cupolas up to 60 ft., and other listed uses. (third paragraph) Section 3, Subdivision 4.C.2. of the ordinance states that building heights exceeding zoning district maximums may be allowed with a conditional use permit. If the City allows this for the church building (other than a spire), it would be incorporated into the conditional use permit that is required for a church. Page 26: The response to a comment on Item 7, regarding the spire height, should be corrected to include the revised zoning requirements. The response should be corrected to read as follows: City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance states that the building height limits established in each zoning district shall not apply to specified uses, including farm structures, church spires up to 60 ft., belfries up to 60 ft., cupolas up to 60 ft., and other listed uses. Other building elements that exceed the height limits may be allowed by the City via conditional use permit, which would be incorporated into the conditional use permit needed for a church. Page 28: The response to a comment on Item 13, which was mistakenly omitted, should read as follows: City Response: Water usage estimates typically are similar to wastewater estimates. Water use and wastewater assumptions in the EAW are taken from the preliminary design report. Flow estimates in the report are based on the average daily and peak flows at the current facility. The weekend church service averages 1400 attendees. The average wastewater flow was about 1400 gallons per day, based on metered flows obtained from White Bear Township. This works out to an average of a gallon per day per attendee. The new church, with the possible expansion, would have 2800 seats, which would generate about 2800 gpd. An estimate of peak attendance used a 150% multiplier. This resulted in 4200 gpd peak flow: 2800 x • • • Eagle Brook Church April 14, 2003 page 6 150% = 4200. (This is explained in the attached information on the proposed onsite septic system.) If a church connects to a public sewer system, it is charged one SAC (sewer access charge) unit for every 275 seats. On this project, this would calculate out to 10 SAC units: 2800/275 = 10.18. Each SAC unit represents 274 gpd of wastewater flow, so 10 SAC units represents 2740 gallons per day. This is comparable to the 2800 gpd preliminary design estimate. Page 44: The response to a comment on Item 7 includes three paragraphs. The second paragraph should be amended to read as follows: City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance states that the building height limits established in each zoning district shall not apply to specified uses, including farm structures, church spires up to 60 ft., belfries up to 60 ft., cupolas up to 60 ft., and other listed uses. Page 52: The second sentence of the response to a comment on Item 25b should be corrected as follows: City Response: The question in Item 25.b. is whether there are prime or unique farmlands or agricultural preserve land on or near the site. The answer, as stated in the EAW, is that one soil classification on the site is considered prime farmland. The site is ... • CITY OF LINO LAKES RESOLUTION NO. 03-44 RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED EAGLE BROOK CHURCH WHEREAS, the Eagle Brook Church is considering constructing a new church on a site within the City of Lino Lakes, and; WHEREAS, the City received a petition requesting the preparation of an Environmental Assessment Worksheet (EAW) for the project, under Minnesota Rules 4410.1100, and; WHEREAS, Eagle Brook Church agreed to prepare a voluntary EAW, and; WHEREAS, the Lino Lakes City Council makes the following specific findings of fact: 1. The City of Lino Lakes is the responsible governmental unit for the EAW. 2. An EAW was prepared and the City Council approved its distribution with Resolution 02 -142. The EAW was distributed according to the requirements of MN Rules 4410. 3. The public comment period ended November 27, 2002. 4. The City has reviewed comments on the EAW and has prepared responses to these comments, which are included in a response document. 5. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority indicates that this project does not have the potential for significant environmental effects. 6. In considering the type, extent, and reversibility of environmental effects, there will be no significant environmental effects from the project. 7. The project involves no related developments, connected actions, or phased actions as defined by MN Rules 4410. 8. The City Council must make either a negative declaration or a positive declaration on the need for an Environmental Impact Statement (EIS). • NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a negative declaration regarding the need for an EIS, meaning that an EIS is not needed for the Eagle Brook Church project as currently proposed. BE IT FURTHER RESOLVED that if the City determines that a substantial change has been made in the proposed project that may affect the potential for significant adverse environmental effects, a new EAW will be required as stated in MN Rules 4410.1000, Subpart 5. Adopted by the Lino Lakes City Council this day of , 2003. ATTEST: Ann Blair, City Clerk • • John J. Bergeson, Mayor • • AGENDA ITEM 7D STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: April 14, 2003 TOPIC: First Reading: Ordinance No. 09 -03: Transfer of Easement for Right -of -Way Purposes to Anoka County ACTION REQUIRED: 3/5 vote BACKGROUND In August of 2002 Resolution No. 02 -96 (Exhibit #2) approved the Minor Subdivision of property at 1487 Ash Street. One of the conditions of approval was the dedication of 27 feet of permanent public right -of -way along Ash Street (County Road J). The City required this right -of -way of the applicant for the future reconstruction of County Road 3, also know as County State Aid Highway 32. This report is based on the following attached exhibits: 1.) General site map 2.) Resolution No. 02 -96 3.) Quit Claim Deed transferring proposed easement to Anoka County ANALYSIS Such easement for county road right -of -way purposes should be deeded directly to Anoka County, but in this case staff oversight had the easement deeded to the City rather than • • City Council Meeting Transference of Easement to Anoka County April 14, 2003 the County. To resolve this issue, staff has requested that City Attomey Bill Hawkins draft a Quit Claim Deed transferring the subject easement to Anoka County (Exhibit #3). CONCLUSION Staff is recommending approval of Ordinance No. 09 -03 as a way of correcting the dedication of easement for permanent public right -of -way purposes for property adjacent to a portion of County Road J. OPTIONS 1.) Approval of the proposed Ordinance. 2.) Denial of the proposed Ordinance. 3.) Return to staff with direction. RECOMMENDATION Option #1 CITY OF LINO LAKES ORDINANCE NO. 09-03 ORDINANCE CONVEYING EASEMENT INTEREST TO ANOKA COUNTY (see attached legal description) WHEREAS, the City Council of Lino Lakes has received permanent easement for highway right -of -way, drainage, utility, and bikeway purposes over, under and across a portion of property adjacent to County Road J as a result of a Minor Subdivision for Warren Bachman of 1487 Ash Street, as outlined in Resolution No. 02 -96; and WHEREAS, the easement was received for highway right -of -way purposes for Ash Street (County Road "J" /CSAH No. 32), which is a County Road, and WHEREAS, an easement for right -of -way purposes for a County Road should be held by the County, and WHEREAS, Ordinance No. 09 -03 seeks to transfer such easement to Anoka County, and WHEREAS, three -fifths of all members of the City Council concur in this ordinance. NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. That the attached legally described easement interest be conveyed to Anoka County for road right -of -way purposes. Section 2. 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. • • ATTACHMENT A (for Ordinance No. 09 -03) LEGAL DESCRIPTION OF PROPERTY A permanent easement for highway right -of -way, drainage, utilities, and bikeway purposes over, under and across the following described property: The south 60.00 feet of the Northwest Quarter of the Southeast Quarter of Section 34, Township 31, Range 22, Anoka County, Minnesota. EXCEPT the East 15 rods (247.5 feet) thereof. ALSO EXCEPT the tract described as follows: Beginning at the southwest corner of said Northwest Quarter of the Southeast Quarter; thence North 264.00 feet; thence East 495.00 feet; thence South 264.00 feet; thence West 495.00 feet to the beginning. Including the right to remove all structures, trees, shrubs, grass, aggregate and herbage within the above described property and to have exclusive control of the same. • rEik , EXHIBIT # gOgnac 7 ©OD in opv rim= app.= Ntlorua QorQCo CITY v ww LW! Ye. WIWI 0- MAP OF ES OF LINO LAKES.. • EXHIBIT # 2- CITY OF LINO LAKES RESOLUTION NO. 02-96 RESOLUTION APPROVING A MINOR SUBDIVISION VARIANCE FOR PROPERTY LOCATED AT 1487 ASH STREET (BACHMAN MINOR SUBIDIVISON & VARIANCE) WHEREAS, the City has received an application for a Minor Subdivision & Variance for property, and WHEREAS, the City's zoning ordinance and subdivision regulations provide for and establish requirements for Minor Subdivisions & Variances, and WHEREAS, the proposed Minor Subdivision & Variance f 330 feet for property creation of property with less than the minimum lot width requirement located in a Rural zone, in violation of Section 5, subd. 1.B.2 of the Lino Lakes Zoning Ordinance, and WHEREAS, the proposed Minor Subdivision & Variance would result in the creation ion f property with less than o the Subdivision Ordinance 001 08psubdiv.6, in Violation of the NOW, THEREFORE BE IT RESOLVED THAT described by Lakes e attached document entit ed proposed Minor Subdivision & Variance, as d y th "Lot Split Survey for Corey Bachman" by Development Engineering, P.A., dated July 8, 2002. BE IT FURTHER RESOLVED, that the following conditions of approval apply: 1. A park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. 2. The applicant shall dedicate to the City drainage a feet in width along the side andazten utility easements measg feet in width along the front property lines, property lines, and covering all wetland and ponding areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney. 3. The applicant shall dedicate 27 feet of permanent public right-of wa Deed, per the City along (County Road J). Such dedication shall be in the form a Quit attorney. 4. The proposed home to be constructed on Parcel A will be sited on the eastern half of the lot. • 5. The applicant will dedicate 60 feet of permanent public right -of -way along the western 225.65 feet of Parcel A. This will exist as future road access for the northern part of the property, should it develop. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney. Adopted by the Lino Lakes City Council this — day of —, 2002. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk QUIT CLAIM DEED Corporation or Pam to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. (Date) by County Auditor Deputy DEED TAX DUE: $ Date: EXHIBIT # 3 (reserved for recording data) FOR VALUABLE CONSIDERATION, City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to County of Anoka, Grantee, a political subdivision under the laws of the State of Minnesota, real property in Anoka County, Minnesota, described as follows: A permanent easement for highway right -of -way, drainage, utilities, and bikeway purposes over, under and across the following described property: The South 60.00 feet of the Northwest Quarter of the Southeast Quarter of Section 34, Township 31, Range 22, Anoka County, Minnesota. EXCEPT the East 15 rods (247.5 feet) thereof. ALSO EXCEPT the tract described as follows: Beginning at the southwest comer of said Northwest Quarter of the Southeast Quarter, thence North 264.00 feet; thence East 495.00 feet; thence South 264.00 feet; thence West 495.00 feet to the beginning. Including the right to remove all structures, trees, shrubs, grass, aggregate and herbage within the above described property and to have exclusive control of the same. together with all hereditaments and appurtenances. Check box if applicable: X The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Here STATE OF MINNESOTA ) ss. COUNTY OF ANOKA CITY OF LINO LAKES By: Its: Mayor By: Its: City Clerk This instrument was acknowledged before me on 2003, by John Bergeson and Ann Blair, the Mayor and City Clerk of City of Lino Lakes, a municipal corporation • • • AGENDA ITEM 7E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 14, 2003 TOPIC: Resolution No. 03 - 48, Authorizing Feasibility Study for Lift Station, Century Farm North Vote Required: Simple Majority BACKGROUND: As the City utility service areas expand, the City must install infrastructure to allow for future growth. The area of the Century Farm North subdivision will require a sanitary sewer lift station to service the development and the surrounding area. It will be necessary to specifically study this service area to accurately determine future sewage flow rates. A feasibility study will define the proposed pipe invert and forcemain elevation for the lift station, the sizing of the forcemain pipe, the structure size, and the pump sizing requirements. The location of the lift station within the development will also be reviewed. Design considerations and recommendations will be provided that will consider phasing and upgrades as the service area ultimately develops. The budget for this study is $5,600.00 and will be paid by the developer. Upon completion of the study, percentages of costs will be defined regarding the portion of the lift stations oversizing to address the total service area. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 - 48, authorizing the feasibility study for lift station, Century Farm North. 3. Not adopt Resolution Number 03 — 48. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 - 48 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 03-48 RESOLUTION AUTHORIZING THE FEASIBILITY STUDY FOR LIFT STATION, CENTURY FARM NORTH. WHEREAS, the City Engineer will prepare a feasibility study for lift station, Century Farms North, and will present such study to the council for approval, WHEREAS, the developer will pay for the feasibility study; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to prepare the feasibility study for lift station, Century Farm North. Adopted by the Lino Lakes City Council this 14th day of April, 2003. • Ann J. Blair, City Clerk • John J. Bergeson, Mayor