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HomeMy WebLinkAbout05/27/2003 Council Packet• WORK SESSION AGENDA CITY OF LINO LAKES Wednesday May 21, 2003 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Sign Ordinance, follow -up to discussion regarding banners at 4/28/03 Council Meeting Open Mike 2. Ravens Hollow Residential Subdivision, Rocky Goertz, Jeff Smyser 3. Bruggeman Homes, Jeff Smyser 4. I -35E corridor coalition, Michael Grochala 5. Business Subsidy Requirements, Michael Grochala, Mary Alice Divine • 6. Regular Agenda Items 7. Adjourn Revised 05/19/03 ajb 1:40 p.m. • PAGE 1 • AGENDA CITY OF LINO LAKES Tuesday, May 27, 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) May 27, 2003 (Check No. 68107 through 68230 in the amount of $360,848.51). ii) Centennial Fire District (Check No. 13788 through 13808 in the amount of $31,756.09). 2. Open Mike A) Annual State of the City address, Mayor John Bergeson 3. Finance Department Report, Finance Director - Al Rolek A) Assessments Resolution No. 03 72 Delinquent Water and Sewer Utility Charges 4. Administration Department Report, Director of Administration - Dan Tesch A) Consider Off -Sale Liquor License and Tobacco License Application for Tim Goertz, Spirit Hills Center, Ann Blair B) Consider Second Reading of Ordinance No. 13 -03, Approving Clerk / Treasurer Charter Language Amendments, Public Hearing, Charter Commission Member, Bob Bening • • • AGENDA 5. Public Safety Department Report, Police Chief - Dave Pecchia A) None. 6. Public Services Department Report, Public Services Director - Rick DeGardner A) None. 7. Community Development Department Report, Community Development Director - Michael Grochala A) Century Farm North Residential Subdivision, Jeff Smyser i. Consider Second Reading of Ordinance No. 14 -03, Approving Vacation of Carl Street, Jeff Smyser ii. Public Hearing, Consider First Reading of Ordinance No. 15 -03, Approving Vacation of a portion of Pinto Lane, Jeff Smyser. iii. Consider Resolution No. 03 -74, Authorizing Preparation of Plans and Specifications, Century Farm North Lift Station, Jim Studenski iv. Consideration of Resolution No. 03 -75, Approving Grading Plan and authorizing execution of Development Agreement for Grading, Jim Studenski B) Consideration of Resolution No. 03 -73, Amending Conditional Use Permit, Molin Concrete, Jeff Smyser C) Consideration of Resolution No. 03 -61, Denying Variance Rebecca Keller, 6206 Red Maple Lane, Tanda Gretz D) Consideration of Resolution No. 03 -62 Approving Variance, Thomas Laumeyer, 6174 Centerville Road, Tanda Gretz E) Consideration of Resolution No. 03 -76, Approving Comprehensive Plan Amendment, Elm Street Area, Michael Grochala F) Consideration of Resolution No. 03 -77, Amending the Development Agreement for Stoneybrook, Michael Grochala 8. Unfinished Business A) None. 9. New Business Page 2 • • • AGENDA A) Approval of minutes of Council Work Session of May 7, 2003 B) Approval of minutes of City Council Closed Meeting of May 7, 2003 C) Approval of minutes of City Council meeting of May 12, 2003 10. Community Calendar, May 28, 2003 through June 9, 2003: A) Environmental Board Meeting, Wednesday, May 28, 2003, 6:30 p.m. B) Park Board Meeting, Monday, June 2, 2003, 6:30 p.m. C) Council Work Session, Wednesday, June 4, 2003, 5:30 p.m. D) City Council Meeting, Monday, June 9, 2003, 6:30 p.m. 11. Adjourn Revised 05/21/03 ajb 2:03 p.m. WORK SESSION AGENDA • CITY OF LINO LAKES Wednesday May 21, 2003 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Sign Ordinance, follow -up to discussion regarding banners at 4/28/03 Council Meeting Open Mike 2. Ravens Hollow Residential Subdivision, Rocky Goertz, Jeff Smyser 3. Bruggeman Homes, Jeff Smyser 4. I -35E corridor coalition, Michael Grochala 5. Business Subsidy Requirements, Michael Grochala, Mary Alice Divine 6. Regular Agenda Items 7. Adjourn Revised 05/19/03 ajb 1:40 p.m. • • • • AGENDA CITY OF LINO LAKES Tuesday, May 27, 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) May 27, 2003 (Check No. 68107 through 68230 in the amount of $360,848.51). ii) Centennial Fire District (Check No. 13788 through 13808 in the amount of $31,756.09). 2. Open Mike A) Annual State of the City address, Mayor John Bergeson 3. Finance Department Report, Finance Director - Al Rolek A) Assessments Resolution No. 03 72 Delinquent Water and Sewer Utility Charges 4. Administration Department Report, Director of Administration - Dan Tesch A) Consider Off -Sale Liquor License and Tobacco License Application for Tim Goertz, Spirit Hills Center, Ann Blair B) Consider Second Reading of Ordinance No. 13 -03, Approving Clerk / Treasurer Charter Language Amendments, Public Hearing, Charter Commission Member, Bob Bening • AGENDA 5. Public Safety Department Report, Police Chief - Dave Pecchia A) None. 6. Public Services Department Report, Public Services Director - Rick DeGardner A) None. 7. Community Development Department Report, Community Development Director - Michael Grochala A) Century Farm North Residential Subdivision, Jeff Smyser i. Consider Second Reading of Ordinance No. 14 -03, Approving Vacation of Carl Street, Jeff Smyser ii. Public Hearing, Consider First Reading of Ordinance No. 15 -03, Approving Vacation of a portion of Pinto Lane, Jeff Smyser. iii. Consider Resolution No. 03 -74, Authorizing Preparation of Plans and Specifications, Century Farm North Lift Station, Jim Studenski iv. Consideration of Resolution No. 03 -75, Approving Grading Plan and authorizing execution of Development Agreement for Grading, Jim Studenski B) Consideration of Resolution No. 03 -73, Amending Conditional Use Permit, Molin Concrete, Jeff Smyser C) Consideration of Resolution No. 03 -61, Denying Variance Rebecca Keller, 6206 Red Maple Lane, Tanda Gretz D) Consideration of Resolution No. 03 -62 Approving Variance, Thomas Laumeyer, 6174 Centerville Road, Tanda Gretz E) Consideration of Resolution No. 03 -76, Approving Comprehensive Plan Amendment, Elm Street Area, Michael Grochala F) Consideration of Resolution No. 03 -77, Amending the Development Agreement for Stoneybrook, Michael Grochala 8. Unfinished Business A) None. • 9. New Business • • • AGENDA A) Approval of minutes of Council Work Session of May 7, 2003 B) Approval of minutes of City Council Closed Meeting of May 7, 2003 C) Approval of minutes of City Council meeting of May 12, 2003 10. Community Calendar, May 28, 2003 through June 9, 2003: A) Environmental Board Meeting, Wednesday, May 28, 2003, 6:30 p.m. B) Park Board Meeting, Monday, June 2, 2003, 6:30 p.m. C) Council Work Session, Wednesday, June 4, 2003, 5:30 p.m. D) City Council Meeting, Monday, June 9, 2003, 6:30 p.m. 11. Adjourn Revised 05/21/03 ajb 2:03 p.m. • EXPENDITURES MAY 27, 2003 • • Date: 05/08/2003 Time: 10:54:00 City of Lino Lakes FM Entry - Invoice Journal oes: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3159 - 3159 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 32.69 32.69 .00 .00 000077 DEMARS, MITCH 1 89.86 89.86 .00 .00 000105 UNITED PARCEL SERVICE 1 19.69 19.69 .00 .00 000408 AFSCME COUNCIL #14 1 631.29 631.29 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,168.61 1,168.61 .00 .00 000539 TARGET 1 29.75 29.75 .00 .00 001187 CONNEXUS ENERGY 1 2,402.41 2,402.41 .00 .00 001260 STANTON GROUP 1 181.25 181.25 .00 .00 001504 U. S. BANK TRUST NATIONAL ASSOCIATION 1 900.00 900.00 .00 .00 001530 FOREST LAKE FORD, INC. 1 822.11 822.11 .00 .00 3 FRED PRYOR SEMINARS 1 78.00 78.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 770.00 770.00 .00 .00 002347 BEECHER, PATTI 1 18.00 18.00 .00 .00 002349 NOREN, LAURIE 1 35.00 35.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 42,033.33 42,033.33 .00 .00 002590 MICKELSON, LESTER -1 27.99 27.99 .00 .00 002694 SBC, INC. 2 97.92 97.92 .00 .00 002760 MN. DEPT OF HEALTH 1 23.00 23.00 .00 .00 003009 MONTANA PACIFIC, INC. 1 448.00 448.00 .00 .00 003250 XCEL ENERGY 1 2,938.09 2,938.09 .00 .00 003451 PERA /REGULAR 1 17,593.99 17,593.99 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 360.56 360.56 .00 .00 • Date: 05/08/2003 Time: 10:54:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount or # Name # of items Net Gross Discount Lost 004560 004671 • U S BANK VERIZON WIRELESS Grand Totals: 1 2,858.15 2,858.15 .00 .00 1 423.66 423.66 .00 .00 25 73,983.35 73,983.35 .00 .00* Date: 05/15/2003 Time:. 08:38:53 City of Lino Lakes FM Entry - Invoice Journal *es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3184 - 3184 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000698 KEY LAND HOMES 1 500.00 500.00 .00 .00 000869 EAGLECREST, NW 3 1,500.00 1,500.00 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 500.00 500.00 .00 .00 001284 DARLING, PAULA 1 56.00 56.00 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 13,000.00 13,000.00 .00 .00 002330 LICHTSCHEIDL, DAVE 1 186.18 186.18 .00 .00 002350 ALL STATE TITLE 1 361.35 361.35 .00 .00 002373 BURGSTAHLER, JODY 1 39.00 39.00 .00 .00 002374 SCHULTIES PLUMBING, INC. 1 153.50 153.50 .00 .00 002581 METROPOLITAN EMERG MANGERS ASSOC 1 60.00 60.00 .00 .00 00 CENTERPOINT /MINNEGASCO, INC. 1 1,821.84 1,821.84 .00 .00 003010 MOLIN CONCRETE PRODUCTS, INC. 1 132.30 132.30 .00 .00 003250 XCEL ENERGY 1 1,437.80 1,437.80 .00 .00 003682 RAUSCH, KURT 1 3,500.00 3,500.00 .00 .00 003910 SAM'S CLUB, INC. 1 215.68 215.68 .00 .00 900066 AVALON HOMES 1 500.00 500.00 .00 .00 Grand Totals: 18 23,963.65 23,963.65 .00 .00* • Date: 05/20/2003 Time: 07:38:19 City of Lino Lakes FM Entry - Invoice Journal •es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3186 3186 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 1 602.26 602.26 .00 .00 000093 ACE SOLID WASTE, INC. 1 308.99 308.99 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 217.20 217.20 .00 .00 000103 ONVOY, INC. 1 48.22 48.22 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 119.15 119.15 .00 .00 000158 ALL STAR SPORTS, INC. 1 2,089.00 2,089.00 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 381.50 381.50 .00 .00 000176 GRAYBAR ELECTRIC COMPANY, INC. 1 108.61 108.61 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 10.39 10.39 .00 .00 000250 AMERICAN PLANNING ASSOCIATION 1 332.00 332.00 .00 .00 III/14 LYNN PEAVEY COMPANY, INC. 1 77.90 77.90 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 67.22 67.22 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 747.17 747.17 .00 .00 000364 NORTHERN AIR CORPORATION 1 1,000.00 1,000.00 .00 .00 000390 ANOKA COUNTY 1 842.38 842.38 .00 .00 I 000449 SETCOM CORPORATION 1 83.07 83.07 .00 .00 000522 INTERSTATE BATTERIES, INC. 1 116.99 116.99 .00 .00 000668 CAMPOBASSO, DEBI 1 600.00 600.00 .00 .00 000670 BERNSTEIN, BARRY 1 586.15 586.15 .00 .00 000719 JOHNSTON FARGO CULVERT, INC. 1 18.42 18.42 .00 .00 000724 BLUE TOW SERVICE, INC. 1 70.00 70.00 .00 .00 000869 EAGLECREST, NW 1 73.30 73.30 .00 .00 • Date: 05/20/2003 Time: 07:38:20 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000900 BUMPER TO BUMPER, INC. 1 144.99 144.99 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 13,357.00 13,357.00 .00 .00 000946 C. P. OFFICE PRODUCTS 2 194.08 194.08 .00 .00 001050 CENTENNIAL SCHOOLS 1 1,500.00 1,500.00 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. 1 29.44 29.44 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 55.38 55.38 .00 .00 001291 DEAN GALLERY, INC. 1 75.40 75.40 .00 .00 001292 DEHN OIL COMPANY, INC. 2 3,323.55 3,323.55 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 927.75 927.75 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 5.00 5.00 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 88.80 88.80 .00 .00 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 160.00 160.00 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 79.88 79.88 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 113.65 113.65 .00 .00 001630 GOA COMPANY, INC. 1 458.76 458.76 .00 .00 111100 ONE CALL CONCEPTS, INC. 1 457.25 457.25 .00 .00 001818 JIM HATCH SALES, INC. 1 73.88 73.88 .00 .00 001850 HOFFMAN, MICHAEL 1 113.00 113.00 .00 .00 001940 K.E.E.P.R.S., INC. 1 174.75 174.75 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 4 10,563.75 10,563.75 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.10 5.10 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 10,746.64 10,746.64 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 2,500.00 2,500.00 .00 .00 002328 LEEF BROTHER, INC. 1 11.32 11.32 .00 .00 002339 NATIONAL MCGRUFF HOUSE NETWORK 1 35.40 35.40 .00 .00 002376 AIR POWER EQUIPMENT CORPORATION 1 207.05 207.05 .00 .00 002389 MUNICIPAL CLERKS /FINANCE OFFICERS ASSOCI 1 25.00 25.00 .00 .00 • Date: 05/20/2003 Time: 07:38:21 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Illikr # Name # of items Net Gross Discount Lost 002401 MINNESOTA ASSOCIATION OF WOMEN POLICE 1 150.00 150.00 .00 .00 002422 NOTARY STORE, THE 1 16.00 16.00 .00 .00 002432 RIVERSIDE MANUFACTURING COMPANY 2 273.66 273.66 .00 .00 002465 TRI STATE PUMP AND CONTROL 1 217.95 217.95 .00 .00 002468 WOODLINE SAWMILLS, INC. 1 1,018.69 1,018.69 .00 .00 002472 AMHERST H. WILDER FOUNDATION 1 450.00 450.00 .00 .00 002550 MENARDS, INC. 1 127.46 127.46 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 57,180.33 57,180.33 .00 .00 002584 METRO SALES INCORPORATED 2 1,449.10 1,449.10 .00 .00 002781 MN DEPT OF PUBLIC SAFETY 1 80.00 80.00 .00 .00 003050 MRPA 1 1,620.00 1,620.00 .00 .00 003092 NATIONAL ALLIANCE 1 552.00 552.00 .00 .00 003123 NATURE CALLS, INC. 1 654.75 654.75 .00 .00 003250 XCEL ENERGY 1 4,240.61 4,240.61 .00 .00 003320 NORTHWEST ASST CONSULTANT, INC. 3 3,163.50 3,163.50 .00 .00 4,2 PIONEER RIM & WHEEL COMPANY, INC. 1 98.67 98.67 .00 .00 003524 PITNEY BOWES 1 238.28 238.28 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 314.07 314.07 .00 .00 003816 RO -SO CONTRACTING, INC. 1 3,055.00 3,055.00 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 4,268.00 4,268.00 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 152.90 152.90 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 2 112.67 112.67 .00 .00 004150 STAR TRIBUNE, INC. 1 27.95 27.95 .00 .00 004191 STATE OF MINNESOTA 1 500.00 500.00 .00 .00 004240 STREICHER'S, INC. 1 85.09 85.09 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 150.28 150.28 .00 .00 004350 T.K.D.A. 20 118,574.03 118,574.03 .00 .00 • Date: 05/20/2003 Time: 07:38:22 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount r # Name # of items Net Gross Discount Lost 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 827.63 827.63 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 678.84 678.84 .00 .00 004562 NATIONAL WATERWORKS, INC. 6 8,487.31 8,487.31 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 10.00 10.00 .00 .00 900447 YMCA 1 200.00 200.00 .00 .00 Grand Totals: 116 262,901.51 262,901.51 .00 .00* • • Date: 05/20/2003 Time: 07:41:49 • Ranges: Options: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 3160 - 3189 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 68108 68132 68133 68109 0 68134 68136 68137 0 68138 0 0 19 14 0 68143 68119 0 68120 68121 68144 68123 68146 0 0 68127 0 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #14 ALL STATE TITLE AVALON HOMES BEECHER, PATTI BLUE TOW SERVICE, INC. BURGSTAHLER, JODY CENTRAL LANDSCAPING, I DARLING, PAULA EAGLECREST, NW EAGLECREST, NW EARL ANDERSON ASSOCIAT INTERSTATE BATTERIES, KEY LAND HOMES LAW ENFORCEMENT LABOR METRO COUNCIL WASTEWAT MOLIN CONCRETE PRODUCT NOREN, LAURIE NORTHWEST ASST CONSULT PERA /REGULAR PRESS PUBLICATIONS, IN RAUSCH, KURT RELIASTAR LIFE INSURAN SCHULTIES PLUMBING, IN SETCOM CORPORATION T.K.D.A. U S BANK WILLIAM G. HAWKINS & A PAYROLL WITHHOLDING REIMBURSE ASSESSMENTS -L1 REIMS BLDG ESCROW /642 HI REIMBURSE PROGRAM REC TOW /LIC #EBV -391 REIMBURSE PROGRAM REC REIMBURSE HYDRANT METER REIMBURSE PROGRAM REC REIMBURSE UTILITY REIMB BLDG ESCROW /7854 M STREET SIGNS BATTERIES REIMB BLDG ESCROW /7943 H PAYROLL WITHHOLDING APRIL SAC /JUNE SEWER REIMBURSE HYDRANT METER REIMBURSE PROGRAM REC TECHNICAL ASSISTANCE PAYROLL WITHHOLDING ADVERTISING REIMBURSE COMPUTER PURCH INSURANCE REIMBURSE PLUMBING PERMI CABLE BIRCH STREET /HODGSON ROA PHONE /CONFERENCE /COMPUTE CRIMINAL /MUNICIPAL ATTOR Total for Dept ** * * * * * * ** 631.29 * * * * * * ** 361.35 * * * * * * ** 500.00 * * * * * * ** 18.00 * * * * * * ** 70.00 * * * * * * ** 39.00 * * * * * * ** 500.00 * * * * * * ** 56.00 * * * * * * ** 73.30 * * * * * * ** 1,500.00 * * * * * * ** 927.75 * * ** * *** 57.40 * * * * * * ** 500.00 * * * * * * ** 770.00 * * * * * * ** 15,147.00 * * * * * * ** 132.30 * * * * * * ** 35.00 * * * * * * ** 2,848.50 * * * * * * ** 17,593.99 * * * * * * ** 19.35 * * * * * * ** 3,500.00 * * * * * * ** 833.02 * * * * * * ** 153.50 * * * * * * ** 83.07 * * * * * * ** 18,728.98 * * * * * * ** 1,992.41 * * * * * * ** 92.00 67,163.21* 68140 LARSON ALLEN WEISHAIR PROFESSIONAL SERVICE /FEB PROGRAM Total for Dept 200 0 CENTENNIAL SCHOOLS 0 MRPA • PROGRAM REC TEAM REGISTRATION Total for Dept 202 260.00 260.00* ADULT SP 1,500.00 ADULT SP 1,620.00 3,120.00* Date: 05/20/2003 Time: 07:41:49 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 68118 MONTANA PACIFIC, INC. KITES SPECIAL 448.00 Total for Dept 205 448.00* 0 ALL STAR SPORTS, INC. T- SHIRTS /CAPS YOUTH IN 2,089.00 0 NATIONAL ALLIANCE PROGRAM REC SUPPLIES YOUTH IN 552.00 68126 TARGET LAWN GAMES YOUTH IN 29.75 Total for Dept 207 2,670.75* 0 AMHERST H. WILDER FOUN PROFESSIONAL SERVICES MAYOR /CO 450.00 O CAMPOBASSO, DEBI SUMMER NEWSLETTER MAYOR /CO 600.00 0 PRESS PUBLICATIONS, IN ADVERTISING MAYOR /CO 38.70 O TIMESAVER OFF -SITE SEC APRIL 28 MAYOR /CO 467.84 68127 U S BANK PHONE /CONFERENCE /COMPUTE MAYOR /C0 99.23 0 YMCA GOLF TOURNAMENT MAYOR /CO 200.00 Total for Dept 401 1,855.77* 0 BARNA, GUZY & STEFFEN, PROFESSIONAL SERVICE ADMINIST 360.00 0 CULLIGAN, BOTTLED WATE MONTHLY SERVICE /MAY ADMINIST 29.44 0 LEAGUE OF MINNESOTA CI CODIFICATION CONTRACT ADMINIST 2,500.00 0 MUNICIPAL CLERKS /FINAN MEETING /ANN B & JEAN V ADMINIST 25.00 O ONVOY, INC. WEB HOSTING ADMINIST 48.22 O PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 246.34 68121 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 341.21 68123 RELIASTAR LIFE INSURAN INSURANCE ADMINIST 23.75 68125 STANTON GROUP FLEXIBLE SPENDING ADMINI ADMINIST 181.25 68127 U S BANK PHONE /CONFERENCE /COMPUTE ADMINIST 139.00 Total for Dept 402 3,894.21* II0 PRESS PUBLICATIONS, IN ADVERTISING CHARTER 29.03 Total for Dept 405 29.03* 68123 RELIASTAR LIFE INSURAN INSURANCE SENIORS 4.75 Total for Dept 406 4.75* O GOVERNMENT FINANCE OFF MEMBERSHIP /AL R FINANCE 160.00 68140 LARSON ALLEN WEISHAIR PROFESSIONAL SERVICE /FEB FINANCE 5,200.00 68123 RELIASTAR LIFE INSURAN INSURANCE FINANCE 16.63 Total for Dept 407 5,376.63* O WILLIAM G. HAWKINS & A CRIMINAL /MUNICIPAL ATTOR LEGAL CO 12,185.00 Total for Dept 414 12,185.00* 68123 RELIASTAR LIFE INSURAN INSURANCE ECONOMIC 4.75 68127 U S BANK PHONE /CONFERENCE /COMPUTE ECONOMIC 278.00 Total for Dept 415 282.75* O AMERICAN PLANNING ASSO MEMBERSHIP /JEFF S- JULY -J PLANNING 332.00 O DEAN GALLERY, INC. FRAME POSTER PLANNING 75.40 0 NORTHWEST ASST CONSULT ATTEND P & Z BOARD PLANNING 315.00 68123 RELIASTAR LIFE INSURAN INSURANCE PLANNING 9.50 • Date: 05/20/2003 Time: 07:41:49 Operator: JAL • Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 416 0 SHORT - ELLIOTT - HENDRICK GIS SERVICE 0 T.K.D.A. PROFESSIONAL SERVICES Total for Dept 417 68113 FRED PRYOR SEMINARS SEMINAR /DAWN B /MARY F 68123 RELIASTAR LIFE INSURAN INSURANCE O SHORT - ELLIOTT- HENDRICK GIS SERVICE Total for Dept 418 ENGINEER ENGINEER Communit Communit Communit 0 CAR WASHES POLICE 68110 MONTHLY SERVICE /APRIL POLICE 68111 REIMBURSE UNIFORM ALLOWA POLICE 0 MONTHLY SERVICE /APRIL POLICE 0 UNIFORM SUPPLIES POLICE 0 SUPPLIES POLICE O OVERAGE /APRIL -JULY POLICE 68142 REGISTRATION /4 POLICE 0 CONFERENCE /KELLY MC POLICE 0 TRAINING /MITCH DM & KELL POLICE O START UP KIT POLICE 68123 INSURANCE POLICE O UNIFORM SUPPLIES POLICE 68145 SUPPLIES POLICE 68124 MONTHLY SERVICE /APRIL POLICE 0 UNIFORM SUPPLIES POLICE 27 PHONE /CONFERENCE /COMPUTE POLICE 29 DELIVERY SERVICE POLICE 8130 MONTHLY SERVICE /APRIL POLICE 68147 MONTHLY SERVICE /APRIL POLICE Total for Dept 420 CLEARWATER CREEK CONVE CONNEXUS ENERGY DEMARS, MITCH GLENWOOD INGLEWOOD, IN K.E.E.P.R.S., INC. LYNN PEAVEY COMPANY, I METRO SALES INCORPORAT METROPOLITAN EMERG MAN MINNESOTA ASSOCIATION MN DEPT OF PUBLIC SAFE NATIONAL MCGRUFF HOUSE RELIASTAR LIFE INSURAN RIVERSIDE MANUFACTURIN SAM'S CLUB, INC. IBC, INC. STREICHER'S, INC. U S BANK UNITED PARCEL SERVICE VERIZON WIRELESS XCEL ENERGY 68123 RELIASTAR LIFE INSURAN INSURANCE FIRE Total for Dept 421 O NOTARY STORE, THE JOURNAL 68123 RELIASTAR LIFE INSURAN INSURANCE Total for Dept 422 O ANOKA COUNTY 68110 CONNEXUS ENERGY O JIM HATCH SALES, INC. O JOHNSTON FARGO CULVERT 68116 MICKELSON, LESTER 68123 RELIASTAR LIFE INSURAN 68124 SBC, INC. O STATE OF MINNESOTA 0 T.A. SCHIFSKY AND SONS 68131 XCEL ENERGY • BUILDING BUILDING SALT /SAND STREETS MONTHLY SERVICE /APRIL STREETS SAFETY VESTS STREETS RODENT GUARD STREETS REIMBURSE CLOTHING ALLOW STREETS INSURANCE STREETS MONTHLY SERVICE /APRIL STREETS RENEWAL /MN CO -OP PURCHAS STREETS ASPHALT STREETS MONTHLY SERVICE /APRIL STREETS 731.90* 765.00 14,217.55 14,982.55* 39.00 9.50 682.50 731.00* 55.38 15.98 89.86 59.98 174.75 77.90 330.00 60.00 150.00 80.00 35.40 128.25 273.66 215.68 70.38 85.09 229.33 19.69 423.66 3.14 2,578.13* 14.25 14.25* 16.00 17.34 33.34* 842.38 702.46 73.88 18.42 27.99 27.79 9.18 500.00 150.28 2,938.09 Date: 05/20/2003 Time: 07:41:49 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 68147 XCEL ENERGY 0 0 0 0 68112 0 0 0 0 0 68123 0 0 0 68107 0 0 0 0 0 68135 68110 40 0 0 0 0 68123 0 68127 0 68147 0 0 0 68135 0 0 68141 0 68123 0 0 0 • MONTHLY SERVICE /APRIL STREETS 223.24 Total for Dept 430 AIR POWER EQUIPMENT CO AUDIO COMMUNICATIONS BUMPER TO BUMPER, INC. DEHN OIL COMPANY, INC. FOREST LAKE FORD, INC. GILLUND ENTERPRISES, I GOA COMPANY, INC. LEEF BROTHER, INC. MENARDS, INC. PIONEER RIM & WHEEL CO RELIASTAR LIFE INSURAN ST. JOSEPH EQUIPMENT, THANE HAWKINS POLAR CH TOLL GAS & WELDING SUP FLOAT /FILTER FLEET TRANSCEIVER /ANTENNA /S PEA FLEET PARTS /SUPPLIES FLEET DIESEL FUEL FLEET PARTS /SUPPLIES CHEMICALS FLEET OIL /DRUM FLEET SHOP TOWELS FLEET SYRINGE /BRUSHES /BLADES /S FLEET BREAKAWAY SWITCH /SYSTEM FLEET INSURANCE PISTON PARTS /SUPPLIES CYLINDER 5,513.71* 103.52 602.26 144.99 3,323.55 FLEET 822.11 79.88 458.76 11.32 127.46 98.67 FLEET 5.46 FLEET 112.67 FLEET 827.63 FLEET 5.10 6,723.38* Total for Dept 431 A T & T ACE SOLID WASTE, INC. AMERIPRIDE LINEN /APPAR ANCHOR PAPER COMPANY, BARNA, GUZY & STEFFEN, C. P. OFFICE PRODUCTS CENTERPOINT /MINNEGASCO CONNEXUS ENERGY GLENWOOD INGLEWOOD, IN METRO SALES INCORPORAT NORTHERN AIR CORPORATI PITNEY BOWES RELIASTAR LIFE INSURAN STAR TRIBUNE, INC. U S BANK XCEL ENERGY XCEL ENERGY MONTHLY SERVICE /APRIL MONTHLY SERVICE /APRIL MAT RENTAL PAPER PROFESSIONAL SERVICE OFFICE SUPPLIES MONTHLY SERVICE /APRIL MONTHLY SERVICE /APRIL MONTHLY SERVICE /APRIL MAINTENANCE AGREEMENT /MA INSTALL DUCT SENSORS POSTAGE METER RENTAL /JUL INSURANCE SUBSCRIPTION- SEPTEMBER 1 PHONE /CONFERENCE /COMPUTE MONTHLY SERVICE /APRIL MONTHLY SERVICE /APRIL Total for Dept 432 ACE SOLID WASTE, INC. ALL SEASONS RENTAL, IN AMERICAN FASTENER & SU CENTERPOINT /MINNEGASCO FRATTALLONE'S HARDWARE HOFFMAN, MICHAEL LICHTSCHEIDL, DAVE NATURE CALLS, INC. RELIASTAR LIFE INSURAN SHORT - ELLIOTT - HENDRICK WOODLINE SAWMILLS, INC XCEL ENERGY MONTHLY SERVICE /APRIL MIX SAND CABLE TIES MONTHLY SERVICE /APRIL PARTS /SUPPLIES REIMBURSE CLOTHING REIMBURSE CLOTHING PORTABLE RESTROOMS INSURANCE GIS SERVICE MULCH MONTHLY SERVICE /APRIL GOVERNME 32.69 GOVERNME 167.42 GOVERNME 67.22 GOVERNME 747.17 GOVERNME 21.50 GOVERNME 194.08 GOVERNME 1,093.55 GOVERNME 762.27 GOVERNME 53.67 GOVERNME 1,119.10 GOVERNME 1,000.00 GOVERNME 238.28 GOVERNME 4.75 GOVERNME 27.95 GOVERNME 120.18 GOVERNME 3,585.86 GOVERNME 4.92 9,240.61* PARKS PARKS PARKS PARKS PARKS ALLOW PARKS ALLOW PARKS PARKS PARKS PARKS PARKS PARKS 141.57 119.15 10.39 183.39 52.21 113.00 186.18 654.75 26.13 495.50 1,018.69 38.66 Date: 05/20/2003 Time: 07:41:49 Operator: JAL • Check # Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 68147 XCEL ENERGY MONTHLY SERVICE /APRIL PARKS Total for Dept 450 0 BERNSTEIN, BARRY REIMBURSE TUITION 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 68113 FRED PRYOR SEMINARS SEMINAR /DAWN B /MARY F 68123 RELIASTAR LIFE INSURAN INSURANCE 0 TBS OFFICE AUTOMATIONS TONER Total for Dept 451 68123 RELIASTAR LIFE INSURAN INSURANCE 0 TIMESAVER OFF -SITE SEC APRIL 28 Total for Dept 461 68123 RELIASTAR LIFE INSURAN INSURANCE 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM SOLID WA SOLID WA 68123 RELIASTAR LIFE INSURAN INSURANCE FORESTRY Total for Dept 463 68128 U. S. BANK TRUST NATIO ADMINISTRATION FEE DEBT SER Total for Dept 470 0 68135 68110 0 0 0 68140 68117 0 0 68123 68124 0 68147 0 68110 0 68140 0 68115 0 68123 68124 0 • AID ELECTRIC SERVICE, CENTERPOINT /MINNEGASCO CONNEXUS ENERGY GRAYBAR ELECTRIC COMPA HAWKINS WATER TREATMEN INTERSTATE BATTERIES, LARSON ALLEN WEISHAIR MN. DEPT OF HEALTH REPAIR ALARM /LIFT STATIO WATER MONTHLY SERVICE /APRIL WATER MONTHLY SERVICE /APRIL WATER BRIDGE CONNECTION WATER CONTAINER DEMURRAGE WATER BATTERIES WATER PROFESSIONAL SERVICE /FEB WATER WATER LICENSE RENEWAL /LE WATER NATIONAL WATERWORKS, I METER INSTALLATION ONE CALL CONCEPTS, INC MONTHLY SERVICE /APRIL RELIASTAR LIFE INSURAN INSURANCE SBC, INC. MONTHLY SERVICE /APRIL XCEL ENERGY MONTHLY SERVICE /APRIL XCEL ENERGY MONTHLY SERVICE /APRIL Total for Dept 494 AIR POWER EQUIPMENT CO CONNEXUS ENERGY FRATTALLONE'S HARDWARE LARSON ALLEN WEISHAIR METRO COUNCIL WASTEWAT METRO COUNCIL WASTEWAT ONE CALL CONCEPTS, INC RELIASTAR LIFE INSURAN SBC, INC. TRI STATE PUMP AND CON WATER WATER WATER WATER WATER WATER FLOAT /FILTER SEWER MONTHLY SERVICE /APRIL SEWER PARTS /SUPPLIES SEWER PROFESSIONAL SERVICE /FEB SEWER APRIL SAC /JUNE SEWER SEWER MAY SEWER SEWER MONTHLY SERVICE /APRIL SEWER INSURANCE SEWER MONTHLY SERVICE /APRIL SEWER IMPELLER SEWER 54.66 3,094.28* 586.15 16.49 39.00 15.20 10.00 666.84* 2.14 211.00 213.14* .47 152.90 153.37* 2.14 2.14* 900.00 900.00* 217.20 544.90 223.42 108.61 5.00 59.59 1,300.00 23.00 8,487.31 228.63 11.42 13.77 395.25 619.20 12,237.30* 103.53 698.28 20.10 1,300.00 42,033.33 42,033.33 228.62 11.37 4.59 217.95 Date: 05/20/2003 Time: 07:41:49 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 XCEL ENERGY 68147 XCEL ENERGY MONTHLY SERVICE /APRIL SEWER 220.84 MONTHLY SERVICE /APRIL SEWER 532.64 Total for Dept 495 87,404.58* 0 INFRATECH TECHNOLOGIES REPAIR JOINTS /LIFT HOLES OTHER 10,563.75 68140 LARSON ALLEN WEISHAIR PROFESSIONAL SERVICE /FEB OTHER 4,940.00 0 RO -SO CONTRACTING, INC REPAIR CATCH BASIN -LINDE OTHER 3,055.00 0 SHORT - ELLIOTT - HENDRICK GIS SERVICE OTHER 2,325.00 0 T.K.D.A. WEAR COURSE OTHER 85,627.50 0 WILLIAM G. HAWKINS & A CRIMINAL /MUNICIPAL ATTOR OTHER 1,080.00 0 WILSON DEVELOPMENT SER ACQUISITION /RELOCATION S OTHER 10,746.64 Total for Dept 499 118,337.89* Grand Total 360,848.51* • • • • Centennial Fire District Check Register 5/21/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 5/20/2003 13788 5/20/2003 13789 5/20/2003 13790 5/20/2003 13791 5/20/2003 13792 5/20/2003 13793 5/20/2003 13794 5/20/2003 13795 5/20/2003 13796 5/20/2003 13797 5/20/2003 13798 5/20/2003 13799 5/20/2003 13800 5/20/2003 13801 5/20/2003 13802 5/20/2003 13803 5/20/2003 13804 5/20/2003 13805 5/20/2003 13806 5/20/2003 13807 5/20/2003 13808 Amaco Oil Company Bee Line Alignment Service Cascade Fire Equipment Company CenterPoint Energy Citgo Petroleum Corporation Emergency Apparatus Maintenance League of Minnesota Cities Loffler Business Systems Mike T. Peterson Milo Bennett MN Fire Service Certification Board Motorola Nat'l Imprint/Franklin Products Northland Fire & Security, Inc. Northway Irrigation Oxygen Service Company, Inc. Postmaster Qwest Sam's Club Sedgwick Xcel Energy ACCOUNT AMOUNT 42100 - Fuel and Lube 172.82 42000 - Vehicle Maintenance 532.72 42130 - Equipment Expense 343.08 42253 - Station 2 - Gas 266.92 42100 - Fuel and Lube 186.39 42000 - Vehicle Maintenance 2,003.20 42140 - Insurance 24,533.00 42180 - Office Supplies 19.90 42120 - Uniform Expense 54.50 42280 - Miscellaneous Expense 39.54 42220 - Travel, Conf., School 50.00 42130 - Equipment Expense 238.86 42190 - Fire Prevention Supplies 490.07 42130 - Equipment Expense 1,137.50 42110 - Other Maintenance 34.75 42270 - Breathing Air 120.00 42180 - Office Supplies 111.00 42240 - Telephone 297.85 42180 - Office Supplies 50.72 42110 - Other Maintenance 614.00 42254 - Station 2 - Electric 459.27 Total $31,756.09 • • • AGENDA ITEM NO. 4A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: May 27, 2003 TOPIC: Authorize New Off -Sale Liquor License and Tobacco License for Tim Goertz, Spirit Hills Center, 6501 Ware Road VOTE REQUIRED: Simple Majority BACKGROUND: Attached please find an application for an Off -Sale Liquor License and a Tobacco License submitted by Tim Goertz, to be located in the new Spirit Hills Center, which received final plat approval by the Council on March 10, 2003. The applicant's plans would be to complete the construction of this building soon and to be open for business this summer, if possible. However, prior to opening a store in this new location, an Off -Sale Liquor License and a Tobacco License is required. Investigator Kelly McCarthy conducted a background criminal investigation relevant to the application and found no information which would preclude issue of the licenses. This memorandum is attached. The applicant has paid the application fees required by the City. Therefore, in accordance with the City Code, this new business meets the qualifications for an Off -Sale Liquor License and a Tobacco License. In keeping within the City Code guidelines, a condition of the licenses is that a copy of the certificate for dram shop insurance and proof of workers compensation be provided prior to issuance. The applicant is fully aware license approval is subject to all the provisions and conditions of the laws of the city, state and of the federal government. OPTIONS: 1. Approve Application for Off -Sale Liquor License and Tobacco License for Spirit Hills Center. 2. Deny Application for Off -Sale Liquor License and Tobacco License for Spirit Hills Center. RECOMMENDATION: Option 1. • Memo • • To: Ann Blair, City Clerk From: Kelly McCarthy, LLPD CC: Chief Pecchia Date: May 7, 2003 Re: Tim Goertz Background Check Lino Lakes Police Ms. Blair, have conducted a criminal history on Tim Goertz and I have been unable to locate any information that would preclude him from obtaining an off-sale liquor license. Please let me know if there is anything else I can do. Kelly McCarthy • • Agenda Item — 4B Staff Originator: Ann J. Blair, City Clerk Date: May 27, 2003 Topic: Public Hearing / Consider 2nd Reading of Ordinance No. 13 -03 Amending City Charter to Reflect City "Clerk/Treasurer" Language Changes Action Required: 3/5 vote. Background Attached is the full text of the Ordinance as well as the Summary of Ordinance No. 13 -03 which has been published, and which outlines the language changes proposed for the City Charter reflecting that the position of City "Clerk/Treasurer" is now separate roles, fulfilled by the City Clerk and City Treasurer, respectively. At the January 9, 2003 Charter Commission meeting, the Charter Commission approved these changes and recommended approval by the City Council. Their approval was the culmination of study and discussion at several previous meetings. At the April 10, 2003 Joint Meeting with the Charter Commission, the Council concurred with these changes. At their April 28, 2003 Council meeting, the City Council approved first reading of this ordinance. Charter Commissioner Bob Bening will be in attendance at the May 27, 2003 Council meeting to answer any questions on the background of this amendment. Options 1. Conduct the public hearing on Ordinance No. 13 -03 and approve second reading. 2. Return to Staff for more information. Recommendation Option 1 — Conduct public hearing and approve second reading of Ordinance No. 13 -03. • CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 13 -03 AN ORDINANCE AMENDING THE CITY CHARTER TO REFLECT THE LANGUAGE CHANGE FROM CITY "CLERK/TREASURER" TO THE SEPARATE ROLES OF THE CITY CLERK AND THE CITY TREASURER WHEREAS, the Charter Commission of the City of Lino Lakes has by Resolution on January 9, 2003 recommended these changes; and WHEREAS, a joint meeting of the Charter Commission and the City Council of Lino Lakes was held on April 10, 2003 and the members of both bodies concurred with these changes; and WHEREAS, the City Council approved first reading of this Ordinance on April 28, 2003; and NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: This is a summary of Ordinance No. 13 -03, the purpose of which is to clarify the language of the Charter to formally recognize that the position which was formerly known as the "City Clerk/Treasurer" has been renamed, and for some time has been known separately as the "City Clerk" and where needed, the "City Treasurer." The full text of this Ordinance is available for viewing at City Hall and / or a copy may be requested. In the following City Charter sections, the phrase " Clerk/Treasurer" has been replaced with the phrase "City Clerk": Section 2.05 Section 3.06 Section 3.07 Section 3.12 Section 4.01 Section 4.02 Section 4.04 Section 4.05, Subd. 2 Section 5.02, Subd. 2 Section 5.03 Section 5.04 Section 5.08 Section 6.04 • Section 10.01 Section 12.04 • • • In the following City Charter sections, the phrase "Clerk/Treasurer" has been replaced with the phrase "City Treasurer" Section 6.05 Section 7.01 In the following City Charter sections, both the "City Clerk" and "City Treasurer" positions are referenced: Section 6.06 Section 12.02 This is a summary of Ordinance No. 13 -03. A complete copy of the ordinance is available for viewing at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, MN 55014, or by calling (651) 982 -2406. A public hearing on this Ordinance will be held on Tuesday, May 27, 2003 during the regularly scheduled City Council meeting. • • • CITY OF LINO LAKES ORDINANCE NO. 13 -03 AN ORDINANCE AMENDING THE CITY CHARTER TO REFLECT THE LANGUAGE CHANGE FROM CITY "CLERK/TREASURER" TO THE SEPARATE ROLES OF THE CITY CLERK AND THE CITY TREASURER WHEREAS, the Charter Commission of the City of Lino Lakes has by Resolution on January 9, 2003 recommended these changes; and WHEREAS, a joint meeting of the Charter Commission and the City Council of Lino Lakes was held on April 10, 2003 and the members of both bodies concurred with these changes; and WHEREAS, it appears to be in the best interest of the City to make language changes which more accurately reflect the current status of the City Clerk and City Treasurer duties and responsibilities; NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. The cover page is hereby amended to reflect May 12, 2003 (date of second reading of this Ordinance) as the Charter's newly revised date. Chapter Two of the Charter is hereby amended to read as follows: Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or Council Member, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the City Clerk, removal from office, non - residence in the City, conviction of a felony of any such person after his /her election, or failure without good cause to attend Council meetings for a period of three (3) consecutive months of Mayor or any Council Member. In each such case the Council shall by resolution declare the vacancy to exist and such vacancy shall be filled according to the provisions of Section 4.05. (Amended 05/12/2003) Section 2. Chapter Three of the Charter is hereby amended to read as follows: • • • Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of public peace, health, morals, safety or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until twenty four (24) hours after the ordinance has been adopted, filed with the City Clerk and has either been posted in three (3) conspicuous places in the City, or published as provided for in this Charter, or the person charged with the violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution.(Amended 05/12/2003) Section 3. Chapter Three of the Charter is hereby amended to read as follows: Section 3.07. Signing and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to filed, and preserved by the City Clerk. Every ordinance shall be published at least once in the official newspaper as soon as practicable, and such publication may be by summary of its contents as provided by state law. To the extent and in the manner provided by law, an ordinance may incorporate by reference the following published material, or part thereof, without publishing the material in full: (a) State Laws, (b) State Administrative Rules and Regulations, (c) State or Municipal Codes, or (d) Municipal ordinances. (Amended 05/12/2003) Section 4. Chapter Three of the Charter is hereby amended to read as follows: Section 3.12. Secretary of Council. The City Clerk shall act as Secretary of the Council. He /she shall keep a journal of Council proceedings and perform such other duties as this Charter or the Council may require. The Council may designate any other City official or employee except the City • Administrator or a Council Member to act as Secretary of the Council (Amended 05/12/2003) • • Section 5. Chapter Four of the Charter is hereby amended to read as follows: Section 4. 01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year commencing in 1983 at such places as the City Council shall designate. At least fifteen (15) days prior notice shall be given by City Clerk by posting a notice thereof in at least one (1) public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election [Amended 05/12/2003) Section 6. Chapter Four of the Charter is hereby amended to read as follows: Section 4.02. Filing for Office. No earlier than seventy (70) days and not later then fifty six (56) days before any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his /her name placed on the municipal election ballot. (Amended 1/25/88) (Amended 05/12/2003) Section 7. Chapter Four of the Charter is hereby amended to read as follows: Section 4.04. Special and Advisory Elections except for Elected Office. The Council may by resolution order a special or advisory election and provide all means for holding it. At least fifteen (15) days prior notice shall be given by the City Clerk by posting a notice thereof in at least one (1) public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City • • • stating the time and the places of holding such election. Failure to give such notice shall not invalidate such election. (Amended 05/12/2003) Section 8. Chapter Four, Section 4.05, of the Charter is hereby amended to read as follows: Subdivision 2. The City Clerk shall give at least sixty (60) days published prior notice of such special election, except as set forth under Subdivision 5 of this section. (Amended 8/9/82) (Amended 05/12/2003) Section 9. Chapter Five, Section 5.02, of the Charter is hereby amended to read as follows: Subdivision 2. Each signer shall be a registered voter of the City and shall sign his/her name and give his/her street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in his/her presence and that the circulator believes them to be the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. Any person whose name appears on a petition may withdraw his/her name by a statement in writing filed with the City Clerk before the City Clerk advises the Council of the sufficiency of the petition. (Amended 05/12/2003) Section 10. Chapter Five of the Charter is hereby amended to read as follows: Section 5.03. Determination of Sufficiency. The sponsoring committee shall file the completed petition in the office of the City Clerk. For determining the required number of signatures, the term "base" shall be defined as the number of registered voters at the time of the last regular municipal election. At least five percent (5 %) of the base shall be required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot as determined by Section 5.05 or 5.07. At least ten percent (10 %) of the base shall be required to allow an initiative or referendum petition to cause, as determined by Section 5.05 or 5.07, a special (Amended 05/12/2003) • • Section 11. Chapter Five, Section 5.03, of the Charter is hereby amended to read as follows: election to be scheduled within one hundred twenty (120) days of said petition's filing so that said petition can be placed before the voters. At least fifteen percent (15 %) of the base shall make a recall petition sufficient so as to cause a special election as noted in Section 5.08. Immediately upon receipt of the petition, the City Clerk shall examine the petition as to its sufficiency and report to the Council within ten (10) days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. (Amended 05/12/2003) Section 12. Chapter Five of the Charter is hereby amended to read as follows: Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the City Clerk shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty (30) days in which to file additional signature papers and /or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five (5) days of receipt of the corrected petition, the City Clerk shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the City Clerk shall file the petition in his /her office and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. (Amended 05/12/2003) Section 13. Chapter Five of the Charter is hereby amended to read as follows: Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the city may be initiated by petition. The grounds for recall shall be malfeasance or nonfeasance in office. Prior to circulating a recall petition, • • the accompanying certificate, which is described in Section 5.02, Subdivision 1, shall be filed in the City Clerk's office. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the City Clerk shall transmit it to the Council without delay and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution provide for the holding of a special recall election within ninety (90) days after such meeting, except if any other election is to occur within such ninety (90) days period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The City Clerk shall include with the published notice of the election the statement of the grounds for the recall and, also, in not more than five hundred (500) words, the answer of the officer concerned in justification of his /her course of office. If a vacancy occurs due to the recall election, Section 4.05 herein shall apply to fill said vacancy. (Amended 05/12/2003) Section 14. Chapter Six of the Charter is hereby amended to read as follows: Section 6.04. City Clerk. The Council shall appoint a City Clerk. The City Clerk shall: (1) report directly to the City Administrator, and (2) have the duties and responsibilities determined by applicable state law and City ordinances. (Amended 05/12/2003) Section 6.05. City Treasurer. The Council shall appoint a City Treasurer. The City Treasurer shall: (1) report directly to the City Administrator, and (2) have the duties and responsibilities determined by applicable state law and City ordinances. (Amended 05/12/2003) Section 6.06. Basis for Hiring and Removal. The basis for hiring shall be merit and appropriate qualifications. Removal shall be based on just cause, as conclusively determined by the Council. (Amended 05/12/2003) • • Section 15. Chapter Seven of the Charter is hereby amended to read as follows: Section 7.01. Council to Control Finances. The Council shall have full authority over the financial affairs of the City except as limited or prohibited by the state constitution, state law, or this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of accounts. it shall further provide for the safekeeping and disbursement of public moneys by the City Treasurer. (Amended 05/12/2003) Section 16. Chapter Ten of the Charter is hereby amended to read as follows: Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place or maintain any permanent or semi - permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefore from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publication before the ordinance is passed. (Amended 05/12/2003) Section 17. Chapter Twelve of the Charter is hereby amended to read as follows: Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of his /her office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this State and to discharge faithfully the duties devolving upon me as (Mayor, Council Member, City Treasurer, City Clerk,) of the City of Lino Lakes to the best of my judgement and ability. "(Amended 05/12/2003) • • • Section 18. Chapter Twelve of the Charter is hereby amended to read as follows: Section 12.04. Official Bonds. The City Administrator, the City Treasurer, City Clerk, and such other officers or employees of the City as may be provided for by ordinance shall each, before entering upon the duties of his /her respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by Council as security for the faithful performance of his /her official duties. This corporate surety bond may be in the form of either individual or blanket bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form by the City Attorney, and filed with the City Clerk. The premiums on the bonds shall be paid by the City. (Amended 05/12/2003) This Ordinance shall be in full force and effect from and after 90 days following its passage and publication, in accordance with state law and the City Charter. Passed by the Lino Lakes City Council this 27th day of May, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 7 A (i) • • STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 27, 2003 TOPIC: Second Reading: Ordinance 14 -03 Vacation Of Portion of Carl Street Right Of Way VOTE REQUIRED: 4/5 BACKGROUND The City Council approved the first reading of Ordinance 14 -03 on May 12, 2003. The City has a right of way for Carl Street that extends all the way between 4th Avenue and Sunset Road. The road has been constructed in the eastern portion of the right of way. The western portion has no constructed road and most of it is only 33 feet wide. This portion lies within the area of the Century Farm North development. The City Council approved a preliminary plat for this development (contingent on the rezoning becoming effective, among other conditions). In order for the development to be constructed according to the approved preliminary plat, the western portion of Carl St. must be vacated. The area to be vacated is shown and described on the attachments to this report. The portion included in the vacation request is entirely within the Century Farm North development. It does not include the remaining existing right of way that continues to Sunset Road. OPTIONS 1. Approve the second reading of Ordinance 14 -03, vacating a portion of the Carl St. right of way. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • CITY OF LINO LAKES ORDINANCE NO. 14-03 AN ORDINANCE VACATING A PORTION OF THE CARL STREET RIGHT OF WAY The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: Section 1 Findings The City Council makes the following findings: 1. That a public hearing was held on May 12, 2003 before the City Council after due published and posted notice had been given 2. The City approved the preliminary plat/planned unit development plan for Century Farm North with Resolution 03 -60. 3. The location of a portion of the existing Carl St. right of way is inconsistent with the approved preliminary plat/planned development plan, and it is in the best interest of the City to vacate that portion. Section 2 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3 The portion of Carl Street described in Attachment A is hereby vacated. Section 4 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. Passed by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor ATTACHMENT A LINO LAKES ORDINANCE 14 -03 Description Of Portion Of Carl Street To Be Vacated That part of Carl Street adjoining Lot 16, Block 1, vacated Laurie Street, and Lots 1 -4, Block 3, Sunset Oaks, and adjoining Lot 17, Block 1, Lino Air Park North, Anoka County, Minnesota, according to the recorded plats on file in the office of the county recorder, which lies easterly of the northerly extension of the westerly line of said Lot 16, and westerly of the northerly extension of the easterly line of said Lot 17. see attached "EASEMENT EXHIBIT" • • • ATTACHMENT A LINO LAKES ORDINANCE 14 -03 Description Of Portion Of Carl Street To Be Vacated That part of Carl Street adjoining Lot 16, Block 1, vacated Laurie Street, and Lots 1 -4, Block 3, Sunset Oaks, and adjoining Lot 17, Block 1, Lino Air Park North, Anoka County, Minnesota, according to the recorded plats on file in the office of the county recorder, which lies easterly of the northerly extension of the westerly line of said Lot 16, and westerly of the northerly extension of the easterly line of said Lot 17. see attached "EASEMENT EXHIBIT" • .FYi EASEMENT EXHIBIT For: CENTLRY FARM DE OPNLiVT. NC.1 DESCRIPTION That part of Carl Street adjoining Lot 16, Block 1, • vacated Laurie Street, and Lots 1 -4, Block 3, SUNSET OAKS, and adjoining Lot 17, Block 1, LINO • AIR PARK NORTH, Anoka County, Minnesota, according to the recorded plots on file in the office of the county recorder, which lies easterly of the northerly extension of the westerly line of soid Lot 16, and westerly of the northerly extension of the eosterly line of said Lot 17. NOTES, Carl Street was dedicated in the plot of SUNSET OAKS. LINO AIR PARK NORTH replotted Lots 1 -4, Block 3, SUNSET OAKS, into Lots 17 -20, Block 1, LINO AIR PARK NORTH, and an additional portion of Corl Street. NOTES' • Denotes iron monument found O Denotes iron monument set S00'19'18'w 68.08 16 17 4 +fi 20 LAURIE VENUE U I ti N 0� Z 16 M O O o0 w 4 33.0 N00'01'41'3 E I hereby certify that this survey, pion or report was prepared by me or under my direct supervision and that I om o duly licensed land sury yor under the ows f the state of Minnesota. Dat is _ do of 1 °r; ,2403 ik • Ronald P. Alwin, Land Surveyor Minnesota License No. 17765 METRO LAND SURVEYING & ENGINEERING 412 EAST COUNTY ROAD D LPI' U CANADA, MINNESOTA 55117 TH. OM %J-• (0 PAX 7E6491 EMAWsurvey®metrole.com Job No. 912.001 Scale' (WOO' Drawn by, A-II City WO LAM'S m N ''' °m 168.48 Iw W0.0 " 0g A . �, w 10'490 19s.00- so.00 seas zr�a� �0• e nn2�nNn$wo.:97, y u vi ni � N i SO•l9Z :R• I /0500 Or 00° eV O N ^. z. 8 �, n $ p18S00 ° u 365 ,:b ^r. m m N m° 1. 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LZ-068 W u a u v$ Q y m Ym 133.73 g m $ ; ,L\ m 133.80 m F.3 135.00 °1 135.00 a 00'012 135.00 14 h u $ 135.00 0 $ 135.00 m tn• _'' $ N ° u n ld' m 133.87 m �0 .l+l�� w _ n$ 0 60891 60'891 60'■94 LOW' '+•.00 50 A 49'6£1 06.9£1 9 1CZL l 0 HI 66101 1N3NOSV3 V1053.1. SDI, OW exeale OOV H19 H111ON rood AHNA8O 14l{L 'OOV 1St I4U1:1ON WHVd AMMO Mild ONISVHd 1CO -tN Z AS• vs tarot'"' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N M M 01 N (o N v M N M Y N 0 0 0 0 0 o 0 o o o 0 L L t L L o_ a 0 o. 0 CL 1 1 1 1 1 M Y N t0 N 0 0 0 0 0 0 0 0 0 0 N 0.4 0.4 (.40.4 tttfV 10 1104 tlVn00te TOM tl% t41[ 7t!'LBIA8la0 wua+nnd AWlBJ 2 a_ 0 2 CD N Ct'i W /y Cl. W Q CITY OF LINO LAKES • AGENDA ITEM 7 A (ii) STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 27, 2003 TOPIC: Public Hearing: Ordinance 15 -03 Vacation Of Portion of Pinto Lane Right Of Way VOTE REQUIRED: 4/5 BACKGROUND The City has a right of way for Pinto Lane that was platted as part of Behm's Century Farm 5` Addition. The northern end of the existing Pinto Lane curves to east. It will be changed to curve west to tie in with the Century Farm North development. The City Council approved a preliminary plat for this development. In order for the development to be constructed according to the approved preliminary plat, the small portion of Pinto Lane must be vacated. The area to be vacated is shown and described on the attachments to this report. If this first reading is approved, the second reading would occur at the June 9th City Council meeting. OPTIONS 1. Open public hearing, take comment, close public hearing. 2. Approve the first reading of Ordinance 15 -03, vacating a portion of the Pinto Lane right of way. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2 • CITY OF LINO LAKES ORDINANCE NO. 15-03 AN ORDINANCE VACATING A PORTION OF THE PINTO LANE RIGHT OF WAY The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: Section 1 Findings The City Council makes the following findings: 1. That a public hearing was held on May 27, 2003 before the City Council after due published and posted notice had been given 2. The City approved the preliminary plat/planned unit development plan for Century Farm North with Resolution 03 -60. 3. The location of a portion of the existing Pinto Lane right of way is inconsistent with the approved preliminary plat/planned development plan, and it is in the best interest of the City to vacate that portion. Section 2 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3 The portion of Pinto Lane described in Attachment A is hereby vacated. Section 4 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. Passed by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor • • ATTACHMENT A LINO LAKES ORDINANCE 15 -03 Description Of Portion Of Pinto Lane To Be Vacated That part of Pinto Lane dedicated in Behm's Century Farm 5th Addition, Anoka County, Minnesota, according to the recorded plat on file in the office of the county recorder, which lies easterly of a line commencing at the southwest corner of Lot 21, Block 3, Behm's Century Farm 5th Addition; thence North 0 degrees 01 minutes 41 seconds East, assumed bearing, along the westerly line of said Lot 21, 24.80 feet to the point of beginning; thence continuing North 0 degrees 01 minutes 41 seconds East, 80.61 feet; thence along a tangential curve to the left, 91.12 feet, said curve having a radius of 330.00 feet and a delta angle of 15 degrees 49 minutes 12 seconds, to the westerly line of said Pinto Lane; thence northerly along said westerly line of Pinto Lane to the northerly line of Behm's Century Farm 5th Addition and there terminating. see attached "Easement Exhibit" • • 04/08/03 09:09 NO.302 P003/003 EASEMENT EXHIBIT For: ce.im y FARM De oPtueNr. No,1 Northerly line el BEHM'S CENTURY FARM STN AOmoN N87•20'42•E =\ 78.65 ) OUTLOiT__C_ 8�a A I ' .0P-" i •� DESCQPnOna NO TES • Denotes O Denotes MUSTANG LANE i i 1 That port of Pinto Lone dedicated in BEHM'S CENTURY FARM 5TH ADDITION, Anoka County, Minnesota, according to the recorded plat on file in the office of the county recorder, which lies easterly of o line commencing ot the southwest corner of Lot 21, Black 3, BEHM'S CENTURY FARM 5TH ADDITION; thence North 0 degrees 01 minutes 41 seconds Eost. assumed bearing, along the westerly line of said Lot 21, 24.80 feet to the point of beginning; thence continuing North 0 degrees 01 minutes 41 seconds Eost, 80.61 feet; thence along a tangential curve to the left. 91.12 feet, sold curve having o radius of 330.00 feet and a delta angle of 15 degrees 49 minutes 12 seconds. to the westerly line of said Pinto Lone; thence northerly along said westerly line of Pinto Lane to the northerly line of BEHM'S CENTURY FARM 5TH ADDITION and there terminating. iron monument found iron monument set I hereby certify by me or under license su Dat :r By: Ronold' P. Minnesota that this survey, pion or report was prepared my direct supervision and that I am a duly rover under the aws of the stole ot Minnesota. do o a 2003 T �► 1 �tl<r! Alwin, Land Surveyor License No. 17765 METRO LAND SURVEYING k EING NEPRINO 412 PAST COUNTY ROAD D IITi1 E CANADA. MINNESOTA MIT TEL (Lib TM-0►t PAX 76S-O91 DLAfj rurveymetrole.eom .fob No. 912.001 8cvr M13o' Drawn by' _A.f CRY 112 LAffs to 2 0 r r 0 0 16 Ll BLOCK 1 ?Or" 15 I OED 14 18 17 / CARL 1,6, 15 I/ /, ' AIR EE 14 13 12 OUTLOT s 11 PARK 0 6 5 4 NORTH OUTLOT 13 12 u 10 SHER 2 3 4 COUN Y— ROAD — NO — LILAC— — — STREET- 8 6 7 2 5 .4 2 3 3 4 5 5 6 7 (RADLEY STREET 2 OUTLOT F S 2 30 4 3 8 4 6 4 5 4 3 2 12 LINO LAKES L R EHABILITATIOI)1 CENTER P41 CENTURY /ANN NORTH 1ST ADD WRU am ADO. e,,o‘t,r • C[NiERl1NC _ I • SAFETY ZONE A A,.ia. (240 X17or) a0 • AGENDA ITEM 7Aiii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 27, 2003 TOPIC: Resolution No. 03 - 74, Authorizing Preparation of Plans and Specifications, Century Farm North Lift Station 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. The City Council accepted a feasibility study for the construction of the lift station at the May 12, 2003 meeting. The Century Farm North Lift Station will be funded through the developer and through city trunk funds. It is staff's recommendation to authorize the preparation of plans and specifications for the Century Farm North Lift Station. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 - 74, authorizing preparation of plans and specifications, Century Farm North Lift Station. 3. Not adopt Resolution Number 03 — 74. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 - 74 be adopted. • • CITY OF LINO LAKES RESOLUTION NO. 03 -74 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, CENTURY FARM NORTH LIFT STATION. WHEREAS, pursuant to resolutions of the Council adopted May 12, 2003, a study has been prepared by the City Engineer, with reference to the lift station, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to prepare plans and specifications for the Century Farm North Lift Station. Adopted by the Lino Lakes City Council this 27th day of May, 2003. • Ann J. Blair, City Clerk • John J. Bergeson, Mayor • • AGENDA ITEM 7Aiv STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 27, 2003 TOPIC: Resolution No. 03 - 75, Approving Grading Plan and Authorizing Execution of Development Agreement for Grading, Century Farm North Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Century Farm North on April 28, 2003. Century Farm Development, Inc., the Developer, is now requesting approval to begin grading for the Century Farm North Development. Century Farm North Addition consists of 249 units of residential development. In accordance with the preliminary plat approval and City policy staff has prepared a Development Agreement for Grading. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $472,155.00 representing 150 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $47,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Century Farm Development, Inc. has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 - 75, approving grading plan and authorizing execution of Development Agreement for Grading, Century Farm North. 3. Not adopt Resolution Number 03 — 75. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 - 75 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -75 RESOLUTION APPROVEING GRADING PLAN AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT FOR GRADING, CENTURY FARM NORTH. WHEREAS, the City Council approved the preliminary plat of Century Farm North on April 28, 2003, and WHEREAS, the Developer, Century Farm Development, Inc., is requesting approval to commence grading of such development to be known as Century Farm North Development; and, WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Century Farm Development, Inc., for Century Farm North Subdivision and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. Adopted by the Lino Lakes City Council this 27th day of May, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor ATTACHMENT A - GRADING ONLY SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Century Farm North NUMBER OF REU's: APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.): BUDGET DEVELOPE CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING bid e $303,520 2 EROSION CONTROL Estimate e $11,250 3 SITE ENGINEERING & SURVEYING Estimate e 4 LANDSCAPING Estimate e 5 OPEN SPACE MANAGEMENT $0 e 6 STREET CONST. A. Subgrade /Base Course Estimate e B. Wear Course Estimate e C. CSAH 53 (Sunset Avenue) Estimate e 7 STORM SEWER CONST. A. Trunk B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) $0.050 a 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,203 a B. Trunk Unit Charge (REU) $955 a C. Lateral Estimate e 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,350 a B. Trunk Unit Charge (REU) $1,541 a C. Lateral Estimate e TOTALS: $314,770 $0 $0 • NOTE: See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 5/21/03 attachments ATTACHMENT B - GRADING ONLY CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Century Farm North NUMBER OF REU's: APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.): ITE NECESSARY IMPROVEMENTS 1 PLAT REVIEW FEE 2 PLANNER REVIEW FEE 3 ADMINISTRATION -3% OF CONST. 4 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 5 LEGAL PLAT REVIEW FEE 6 PUBLICATIONS 7 PARK DEDICATION FEE 8 TREE PRESERVATION POLICY 9 STREET LIGHTING INST. & OPER. 10 TRAFFIC SIGNING IMPROV. BOULEVARD TREE PLANTING STREET, ST. SWR. & POND MAINT. 13 SEALCOATING FEE 14 FEMA Processing Fee 15 AERIAL PHOTO COST RECOVERY 16 OTHER - Property Tax Escrow TOTALS: BUDGET DEVELOPE COST NOTE IMP. (X) $7,500 b $7,500 b 3% of const. a $0 $0 $0 $0 $0 $1,000 $1,000 $1,665 $960 $1,680 $6,000 $15,600 N/A b b b b b b b d b b b b b a a b a SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE: a: b: c: d: e: f: • Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study 5/21/03 CITY ESCROW IMP. (Y) AMOUNT (Z) $7,500 $7,500 $10,000 $12,000 $8,000 $1,000 $1,000 $0 0 $47,000 Att. A Att. B otal $472,155 $0 $472,155 $0 $0 $0 $0 $47,000 $47,000 attachments • • DEVELOPMENT CONTRACT Century Farm North — Site Grading Only THIS AGREEMENT made this 27th day of May, 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 Century Farm North Development, Inc. whose address is 3157 Berwick Knoll, Brooklyn Park, Minnesota 55443 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Century Farm North, hereinafter called "Subdivision ", said land is legally described to -wit Lots 15, 16, 17, 18, 19 and 20, Block 1, LINO AIR PARK NORTH, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota, AND Lots 13, 14, 15 and 16, Block 1, SUNSET OAKS, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota, AND Lot 5, Block 1, SUNSET OAKS, except the West 184.18 feet thereof, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota, AND • Lot 1, Block 1, HIDDEN POND, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota, Development Contract Century Farm North Development, Inc. AND Outlots B, C, and D, BEHM'S CENTURY FARM 5TH ADDITION, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka, County, Minnesota. AND The Southeast Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, Anoka County, Minnesota. AND That portion of vacated Pinto Lane which lies northwesterly of the centerline of Pinto Lane together with that part of said vacated Pinto Lane which lies southeasterly of the centerline of Pinto Lane as dedicated in BEHM'S CENTURY FARM 5TH ADDITION, and was accrued by Outlot C, said BEHM'S CENTURY FARM 5TH ADDITION, according to the recorded plat on file in the office of the County Recorder, Anoka County, Minnesota. That portion of said vacated Pinto Lane is described as follows: That part of Pinto Lane dedicated in BEHM'S CENTURY FARM 5TH ADDITION, Anoka County, Minnesota, according to the recorded plat on file in the office of the County Recorder, which lies easterly of a line commencing at the southwest corner of Lot 21, Block 3, BEHM'S CENTURY FARM 5TH ADDITION; thence North 0 degrees 01 minutes 41 seconds East, assumed bearing, along the westerly line of said Lot 21, 24.80 feet to the point of beginning; thence continuing North 0 degrees 01 minutes 41 seconds East, 80.61 feet; thence along a tangential curve to the left, 91.12 feet, said curve having a radius of 330.00 feet and a delta angle of 15 degrees 49 minutes 12 seconds, to the westerly line of said Pinto Lane; thence northerly along said westerly line of Pinto Lane to the northerly line of BEHM'S CENTURY FARM 5TH ADDITION and there terminating. AND That part of vacated CARL STREET lying westerly of the Northerly extension of the East line of Lot 17, Block 1, LINO AIR PARK NORTH, according to the recorded plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota and easterly of the northerly extension of the westerly line of said Lot 16, Block 1, SUNSET OAKS, according to the recorded plat on file and of record in the office of the County Recorder, Anoka County, Minnesota. AND • That part of vacated Laurie Avenue which lies within the above described properties. Said vacation per Document No. 1462634. page 2 • • Development Contract Century Farm North Development, Inc. AND The Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, except those parcels described as follows: Beginning at the Northwest comer of the Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, thence South along the West line of said Southwest Quarter of the Northwest Quarter of Section 7; a distance of 120 feet; thence East parallel with the North line of the Southwest Quarter of the Northwest Quarter a distance of 360 feet; thence North parallel with the West line of the Southwest Quarter of the Northwest Quarter to a point of intersection with the North line of the said Northwest Quarter; thence Westerly along the North line of the Southwest Quarter of the Northwest Quarter to the point of beginning, and also except: That part beginning at the Southwest corner of the Southwest Quarter of the Northwest quarter of Section 7, thence East along the South line of said Northwest Quarter a distance of 285 feet; thence North and parallel with the West line of the said Northwest Quarter a distance of 175 feet, thence West and parallel with the South line of the said Northwest Quarter to a point of intersection with the West line of said Northwest Quarter; thence South along the West line of said Northwest Quarter to the point of beginning; and also except: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, described as follows: Beginning at a point on the West line of said Southwest Quarter of the Northwest Quarter distant 536 feet South of the Northwest corner of said Southwest Quarter of the Northwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet; thence South parallel with the West line of said Southwest Quarter of the Northwest Quarter a distance of 208 feet; thence West parallel with the North line; of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet to the West line of said Southwest Quarter of the Northwest Quarter; thence North along said West line a distance of 208 feet to the point of beginning, and also except: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, described as follows: Beginning at a point on the West line of said Southwest Quarter of the Northwest Quarter distance 328 feet South of the Northwest corner of said Southwest Quarter of the Northwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet; thence South parallel with the West line of said Southwest Quarter of the Northwest Quarter a distance of 208 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet to the West line of said Southwest Quarter of the Northwest Quarter; thence North along said West line a distance of 208 feet to the point of beginning, Anoka County, Minnesota. AND Excepting the following described parcels of property: That part of Section 7, Township 31, Range 22, Anoka County, Minnesota described as follows: page 3 • • Development Contract Century Farm North Development, Inc. Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter of Section 7; thence North 00 degrees 27 minutes 22 seconds West on an assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of 175.00 feet to the point of beginning; thence continuing on said bearing of North 00 degrees 27 minutes 22 seconds West along said West line of the Southwest Quarter of the Northwest Quarter of Section 7 a distance of 150.00 feet; thence North 87 degrees 32 minutes 14 seconds East along a line parallel with the South line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of 759.5 feet; thence South 00 degrees 27 minutes 22 seconds East along a line parallel with said West line of the Southwest Quarter of the Northwest Quarter of Section 7 a distance of 150.00 feet; thence South 87 degrees 32 minutes 14 seconds West along a line parallel with South line of the Southwest Quarter of the Northwest Quarter of Section 7 a distance of 759.50 feet to the point of beginning, subject to a county road over the West 33 feet. AND That part of Section 7, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter of Section 7; thence North 00 degrees 27 minutes 22 seconds West on an assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of 325.00 feet to the point of beginning; thence continuing on said bearing of North 00 degrees 37 minutes 22 seconds West along said West line of the Southwest Quarter of the Northwest Quarter of Section 7 a distance of 150.00 feet; thence North 87 degrees 32 minutes 14 seconds East along a line parallel with the South line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of 759.50 feet; thence South 00 degrees 27 minutes 22 seconds East along a line parallel with said West line of the Southwest Quarter of the Northwest Quarter of Section 7 a distance of 150.00 feet; thence South 87 degrees 32 minutes 14 seconds West along a line parallel with said South line of the Southwest Quarter of the Northwest Quarter of Section 7, a distance of 759.50 feet to the point of beginning, subject to a county road over the West 33 feet. WHEREAS, the Developer shall commence grading. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the page 4 Development Contract Century Farm North Development, Inc. I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street and utility plan, a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street. The City Forester shall determine species, size and location. page 5 • • • Development Contract Century Farm North Development, Inc. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. page 6 • • • Development Contract Century Farm North Development, Inc. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer's engineer shall certify, in writing with an as-built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 6. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 7. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 8. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. page 7 Development Contract Century Farm North Development, Inc. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 9. The Developer shall construct and pay for all improvements as described in the landscaping plan. 10. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's page 8 • Development Contract Century Farm North Development, Inc. Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. page 9 Development Contract Century Farm North Development, Inc. VI. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out in City Ordinances as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. VIII. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. IX. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. X. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this • contract is for any reason held to be invalid by a court of competent jurisdiction, page 10 • • Development Contract Century Farm North Development, Inc. such decision shall not affect or void any of the other provisions of the Development Contract. XI. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. page 11 • • • Development Contract Century Farm North Development, Inc. DEVELOPER By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA CITY OF LINO LAKES By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary public page 12 • Development Contract Century Farm North Development, Inc. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 13 • • • AGENDA ITEM 7 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 27, 2003 TOPIC: Resolution 03 -73 Conditional Use Permit Amendment Molin Concrete VOTE: 3/5 BACKGROUND Molin Concrete proposes to construct two building additions. One is a 950 sf locker room. The other is a 3100 sf expansion of a maintenance garage. The Molin property is covered by a conditional use permit for the concrete plant. The northern 20 acres is covered by an interim use permit for outdoor storage. This new application does not involve the storage area. The conditional use permit (CUP) covers the entire site. Building additions require an amendment to the CUP. Because this application involves the CUP amendment, it is appropriate to review conditions placed on the site through the last CUP amendment in 2001 (Resolution 01- 182). Under the new zoning ordinance, the site plan review is done administratively. However, a CUP amendment is necessary, and a site plan review is part of the CUP review. Therefore, this report includes a site plan review. ANALYSIS The following chart describes the Zoning and Land Use designation of the subject site, as well as surrounding properties: Location Land Use Zoning Subject Site Industrial General & Light Industrial North Low Density, Unsewered Residential Rural East Industrial & Commercial Rural South Industrial General Industrial West Low Density, Unsewered Residential R -1 Residential Single Family and Rural • • • Molin May 27, 2003 page 2 SITE PLAN Buildings: Site plans have been submitted for two additions. One is for a 950 sq. ft. locker room facility. The addition will be located on the southern side of the existing manufacturing building, adjacent to Lilac Street. The addition meets all required setbacks. The second proposed addition is for a 3,100 sq. ft. expansion of an existing maintenance garage. This addition will be located on the northern side of the main Lilac St. parking area. The addition meets all required setbacks. Architectural elevations show that the exteriors of the proposed two additions will complement the existing buildings. The maintenance garage will have a heavy brush finish. The locker room will be smooth, painted concrete, like the existing building to which it will be attached. Lighting: The photometric plan indicates that the project complies with City requirements regarding lighting intensity at the property lines. As a condition of approval for the previous Conditional Use Permit Amendment granted in 2001 (Resolution No. 01 -182), the site is subject to specific lighting fixture requirements (see conditions #7 & 8). These requirements state that lighting shall be "hooded and directed to reflect light away from neighboring residential properties and rights -of -ways. The fixture details submitted for the proposed two additions are hooded, but they must be mounted so light is downward- directed. That is, they must be mounted parallel with the ground, so there is 90 degree cut off angle. Traffic: The building additions are to accommodate current activity on site. They will not increase the number of employees or the amount of traffic generated by the concrete plant. The City has received no recent calls about trucks parking on Lilac St. Grading/Drainage, Utilities: A grading plan and utility plan have been submitted for the site. The City Engineer's comments are attached. No new utilities will be needed for the building additions. Landscaping: The maintenance garage is at an internal location on the site and is almost entirely surrounded by other buildings. The new locker facility addition is dwarfed by the existing manufacturing building, and the front of the site is fenced with a screening wall. There is no landscaping proposed for the two additions. Staff does not recommend any. Completion of a number of landscaping issues was a condition of approval for Molin's previous Conditional Use Plan Amendment (Resolution No. 01 -182), given in November of 2001, for an expansion of the Molin facilities. These landscaping issues involved tree • • • Molin May 27, 2003 page 3 and shrub planting on the berm to the north of the property, as well as native seed planting around the pond located north of the berm. Because of the wet weather last summer, excavation and landscaping were delayed on the northern portion of the Molin site. Molin did notify City staff of this problem last year. Staff visited the site on May 2nd this year to view progress. The landscaping plan is being implemented properly, according to the approved planting plan. Some acceptable substitution of a few individual plantings has occurred. Molin has almost completed construction of the swale and pond through the property. When they are finished, landscaping can be completed. PLANNING & ZONING BOARD RECOMMENDATION The P & Z held a public hearing on the application on May 14 and recommended approval with the conditions listed below and in the resolution. RECOMMENDATION Staff recommends approving Resolution 03 -73 amending the CUP with the following conditions: 1. The City Engineer's comments in the May 6, 2003 TKDA memo must be satisfied. 2. Exterior lighting fixtures shall be hooded and directed to reflect light away from neighboring residential properties and rights -of -way. The fixtures must have a 90 degree cut off angle. 3. All conditions in Resolution 01 -182 continue to apply. This report is based on architectural and structural plans received April 8, 2003; preliminary grading plan, photometric plan, and lighting fixture cut sheets received April 21, 2003. • C 1 T 0 F 11N f F KE Memorandum DATE: May 7, 2003 TO: Mike Grochala FROM: James E. Studenski, City Engineer RE: Molin Concrete Products Attached is a TKDA memorandum dated May 6, 2003, reviewing the Molin Concrete Products building additions. The project is in general conformance with City requirements. The memorandum items must be addressed prior to approval being given for this project. Please contact me at 651/982 -2430, with any questions. . 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651- 982 -2400 ® Fax: 651 -982 -2499 TDD: 651- 982 -2410 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffray 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: Molin Concrete Products Company Copies To: City of Lino Lakes, Minnesota Comm. No. 12701 -002 From: Scott A. Brink 6 / q Routing: Date: May 6, 2003 / The proposed plans provide for building additions to the exist Molin Concrete Products Facility located at the intersection of Lilac Street and Fourth Avenue. The additions consist of a restroom addition (approximately 1000 sq. ft.) to the existing building (75,000 sq. ft.) and a maintenance garage addition (approximately 3200 sq. ft.) to the existing office garage. A set of Architectural and Structural plans have been submitted to the City of Lino Lakes, along with a site utility plan. The following review comments are based upon Sheet C1 (utility plan) prepared by Plowe • Engineering, Inc., dated March 14, 2003. • Comments 1. The project site is located at the northeast comer of the intersection of Lilac Street and Fourth Avenue. The proposed building additions and associated utility work all occur on private property and connect to existing private utility lines. The private lines serving the proposed additions are 8 -inch diameter sanitary sewer and 8 -inch diameter watermains, all adequate in size to accommodate the proposed additions. However, the Contractor shall coordinate all proposed utility connections in accordance with the City of Lino Lakes' requirements for building permits and associated utility connections. 2. The Contractor shall adhere to working hours for construction activities in accordance with the requirements of the City of Lino Lakes. 3. The Contractor shall provide a sweeper to clean streets and paved areas outside of the project site on a daily basis as needed. 4. The Contractor shall install silt fence and erosion control measures around all disturbed areas. 5. 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 is performed. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity ;Violin Concrete Products Company Page 2 May 6, 2003 City of Lino Lakes, Minnesota 6. A note must be added that all sanitary sewer and watermain 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. 7. At this time, it does not appear that the proposed improvements will require a review or approval from the Rice Creek Watershed District since the area to be disturbed is less than 2.5 acres. However, a review may be warranted if the improvement site is located within a 100 -year floodplain, or within 1,000 feet of a public water or protected wetland. There is a wetland identified on Sheet C 1 within 1000 feet of the improvements. However, this wetland does not appear to be identified on the NWI map. 8. Existing drainage patterns must be maintained. • • • • April 4, 2003 Dear Neighbors Since 1897 CONCRETE PRODUCTS COMPANY This letter is to inform you that Molin Concrete is planning on two small building additions at the south end of our property. These additions are for support purposes and do not include production space. Included in this mailing are two sheets that give information about these plans. We anticipate that our application for approval will be discussed during the May Planning and Zoning meeting. The first sheet shows a site plan for Molin Concrete. On this site plan, you will see the location of the two proposed additions (both are labeled and highlighted in black). The second sheet provides the layouts of the proposed additions. The additions are: 1. Restroom / Locker facility — This is a 950 square foot addition for our employees that work in the plant. This addition is long overdue and will provide our employees with a facility that is large enough to handle their needs. 2. Maintenance Garage addition — This is a 3,100 square foot addition to the current maintenance shop. The existing maintenance shop is in the lower level of the small two -story building on our property. The current facility is too small for much of our equipment. We currently have to perform some normal maintenance (oil changes, equipment washing, and tire changing) outside. This addition will allow us to drive our equipment into the building for maintenance. Our maintenance personnel will appreciate being inside on rainy or winter days. We would like to extend an invitation to you to stop by Molin Concrete on April 17th between 4:30 and 6:30 p.m. Tom Molin, Randy Molin and Mark Groff will be available to show you the plans for the additions and answer any questions you may have. If you need to come at some other time, please call ahead so that we can make sure that one of us is available. Sincerely, Molin Concrete Products Company Tom Molin Randy Molin President Vice President Cc: Mike Grochala, City of Lino Lakes Planning and Zoning Members City Council Members Mark Groff Chief Financial Officer OUR MISSION IS "BUILDING" CUSTOMER SATISFACTION THROUGH GENERATIONS OF TEAMWORK Flexicore Hollowcore Plank • Wallpanels • Beams and Columns • Misc. Precast 415 Lilac Street • Lino Lakes, Minnesota 55014 • Office 651 - 786 -7722 • FAX 651 - 786 -0229 • 1- 800 - 336 -6546 • EOE/AA • CITY OF LINO LAKES RESOLUTION NO. 03-73 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW TWO BUILDING ADDITIONS AT MOLIN CONCRETE, 415 LILAC DRIVE WHEREAS, Molin Concrete has submitted a request to the City to amend an existing conditional use permit to allow for building additions for a locker room and the expansion of a maintenance garage at 415 Lilac Drive, and WHEREAS, the legal description of the property is: The South Half of the Northwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka county, Minnesota; The Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, EXCEPT the East 260 feet of the South 832 feet thereof, ALSO EXCEPTING the South 412 feet of the Southwest Quarter, Anoka County, Minnesota; The South 412 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, EXCEPT the East 260 feet thereof. and WHEREAS, the City's review is based on architectural and structural plans received April 8, 2003; preliminary grading plan, photometric plan, and lighting fixture cut sheets received April 21, 2003, and WHEREAS, the Planning Commission held a public hearing on the application on May 14, 2003, and recommended approval with conditions, and WHEAREAS, the City Council of the City of Lino Lakes adopted Resolution 01 -182 on November 13, 2001, and WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by Section 2 Subd. 2.B.7 and by Section 8 Subd.2.I.4 of the zoning ordinance: a. This application is consistent with the comprehensive plan, including future and present land uses. The building additions do not alter existing uses on the site. b. The application meets all performance standards. • • • c. The project will not increase traffic generation or impacts. d. The project will not increase demands on sanitary sewer and water use. e. The project will require not require capital improvements by the City. f. The project will not create detrimental impacts. g. The project will not impact natural or historic features. h. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. i. The project will not alter the site's drainage system previously approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves amendment of the existing conditional use permit to allow the construction of building additions for a locker room and the expansion of a maintenance garage. BE IT FURTHER RESOLVED that the following conditions apply: 1. The City Engineer's comments in the May 6, 2003 TKDA memo must be satisfied. 2. Exterior lighting fixtures shall be hooded and directed to reflect light away from neighboring residential properties and rights -of -way. The fixtures must have a 90 degree cut off angle. 3. All conditions in Resolution 01 -182 continue to apply. Adopted by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor CITY OF LINO LAKES RESOLUTION NO. 01-182 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT, APPROVING AMENDMENT OF AN EXISTING INTERIM USE PERMIT, AND APPROVING A SITE PLAN REVIEW FOR MOLIN CONCRETE AT 415 LILAC DRIVE WHEREAS, Molin Concrete has submitted a request to the City to amend an existing conditional use permit, amend an existing interim use permit, and approve a site plan review for new facilities at 415 Lilac Drive, and WHEREAS, the Planning Commission opened a public hearing on the application on September 11, 2001, closed the public hearing on October 10, 2001, and recommended approval with conditions, and WHEAREAS, the City Council of the City of Lino Lakes adopted Resolution 01 -171 on October 22, 2001, but subsequent information necessitates reconsideration of the conditions included in that resolution, and WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by Section 2 Subd. 2.B.7 and by Section 8 Subd.2.I.9 of the zoning ordinance: a. This application will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. This application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. c. This application will be 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. d. This application will be served adequately by essential public facilities and services, including streets, 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. This application will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. This 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. g. This application will have 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. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.. i. This application will conform to specific standards of this ordinance applicable to the particular use. J• All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. k. A drainage system subject to the approval of the City Engineer shall be installed. 1. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S. m. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. n. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. o. Provisions shall be made to control and minimize noise, air and water pollution. P. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves amendment of the existing conditional use permit, approves amendment of the existing interim use permit, and approves the site plan review for 415 Lilac Drive, BE IT FURTHER RESOLVED that the following conditions apply: 1. All permits /approval required by the Rice Creek Watershed District, including drainage and grading and wetland delineation, shall be obtained prior to any site grading. The Watershed permit applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. • 2. Final utility, grading, and drainage plans must obtain approval from the City Engineer prior to site grading or building permit. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 3. If off -street parking creates safety concerns in the future, the City shall re- examine the parking needs and shall require additional parking spaces. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 4. Proper building permits must be obtained prior to any construction of the new building. All proposed structures shall comply with applicable City building material requirements. An escrow shall be established according to City policy as part of the building permit to insure completion of all site improvements. This condition applies to the site plan review. 5. The approval of the site plan and amended conditional use permit includes the 70± foot height of the cement silos, as provided by Sec. 3. Subd 4.C.3. of the zoning ordinance, which allows a building height to exceed the zoning district standard with a conditional use permit. The need for the increase in height has been demonstrated and it does not violate the intent or character of the GI zoning district. The site is capable of accommodating the increased structure size. The silos will not increase traffic volumes or need for public services. The proposal meets the required increased setbacks and does not limit solar access. 6. The surfacing material of the site as shown on the. submitted site plan and grading plan is acceptable. Additional bituminous areas may be paved and additional crushed asphalt may be applied without additional review by the City. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 7. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77th St./Thomas St.). Permissible exterior lighting on the southern portion of the property shall be hooded and directed to reflect light away from neighboring residential properties and rights -of -way. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 8. Lighting fixtures on the new building shall be the Lithonia Lighting KAD model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/10/2001). Lighting fixtures on the new overhead crane shall be the FP Option of the Lithonia Lighting KACM model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/16/2001). This condition applies to the site plan review. • 9. The site's western access point (from 4th Avenue) shall remain at the 77th St./Thomas St. alignment. Access to Lilac St. shall be maintained as on the plans received by the City August 13, 2001. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 10. A minimum 150 -foot setback shall be maintained along the site's northern boundary. The buffer yard consisting of a berm with plantings shall extend 40 feet north into this 150 -foot setback line (i.e., the berm shall be maintained in the southern part of the 150 -foot setback). The berm shall be maintained at an eight foot height. This condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. 11. Trucks serving Molin shall not park along Lilac Street. Molin and its agents shall inform drivers of this condition. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 12. All applicable MPCA requirements shall be satisfactorily met. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 13. The following noise mitigation efforts shall be utilized: a. The outdoor storage yard on the northern portion shall be arranged such that truck backing maneuvers toward residential properties are minimized. This condition applies to the interim use permit. b. Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours (6:00 p.m. to 8:00 a.m.). Because use of strobes rather than beepers has been approved by the Minnesota Dept. of Labor and Industry, OSHA, this condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. However, this prohibition on beepers does not apply to semi - tractors that are not owned by Molin operating on the southern (GI zone) portion of the property. Nor does this prohibition apply to equipment being used on construction projects anywhere on the site. If, in the future, there is some reason under law why the strobes are not sufficient, Molin shall be required to apply for an amendment to the conditional use permit and interim use permit. c. There shall be no outdoor cutting, sawing, grinding, or similar activity anywhere on the site before 8:00 a.m. on Saturdays. (This prohibition does not apply to truck loading or movement of product.) This condition applies to the conditional use permit for the concrete plant covering the entire site. d. There shall be no shuttle lifts, fork lifts, trucks, or other equipment operated in northern interim use permit area earlier than 8:00 a.m. on any day. This condition applies to the interim use permit. e. Upon issuance of the certificate of occupancy for the new extruded precast manufacturing building, operating hours for shuttle lifts shall be no earlier than 7:00 a.m. and no later than 8:00 p.m. anywhere on the site on any day. This applies to the conditional use permit on the entire site and the interim use permit on the northern portion. 14. a. The new landscaping plan dated received by the City October 10, 2001 shall be the approved plan with the addition of plantings described in 14.b. All plantings shall be in place by June 2002. Plantings shall be maintained in a healthy state. Dead plantings shall be replaced in a timely manner. This condition applies to the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit for storage in the northern portion of the site. b. A double row of staggered conifers shall be planted along the northern Molin property line. They shall be minimum five feet tall when planted. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White or red pines shall be planted along the eastern 640 feet. 15. The interim use permit on the northern portion, zoned LI, allows for storage, not production. No production or finishing activities shall be conducted in this area. This includes cutting, grinding, and other such work. 16. The interim use permit will expire if there is a change in the land use in the LI District on the northern portion of the site. 17. The following conditions that were approved on October 27, 1997 shall no longer apply: - condition 11 a. requiring storing wall panels parallel to the buffer yard (berm); - condition 13 c. requiring a solid row of coniferous trees on the north side of the berm and a row of deciduous trees on the south side of the berm, - condition 13 e. requiring irrigation for the berm. 18. The existing outdoor core slab casting bed (outdoor concrete pouring) shall be eliminated as soon as the new extruded precast manufacturing building is completed. This condition shall apply to the site plan and the conditional use permit covering the entire site. • BE IT FURTHER RESOLVED that Resolution 01 -171 is hereby made null and void. BE IT FURTHER RESOLVED that the review and approval is based on the following: Grading, Drainage and Erosion Control Plan Plowe Engineering received 8/13/01 Utility Plan Plowe Engineering received 8/13/01 Wetland Mitigation Plan Plowe Engineering received 8/13/01 Set of Architectural, Structural, Mechanical Plans Professional Design Group received 8/13/01 Letter from Randy Molin Planting Plan, revised, Photometric Plan Lithonia Lighting Fixture Information Solar (shadow) Analyses dated August 7, received August 8 Professional Design Group received 10/102001 Professional Design Group received 9/26/01 received 10/10/01 and 10/16/01 Professional Design Group received 9/11/01 and 9/28/01 Adopted by the Lino Lakes City Council this 13 day of . t , 2001 ATTEST: Ann Blair, City erk f John J. Bergeson, Mayor E JRTWL AVFNUF ( 0000000000000000000000000000*****! ;1111 t I MAINTENANC GARAGE DDITION RESTROOM ADDITION r 1 L___ V z 1- = 41E 0 • LCF Series r Adjustable Fitter This cutoff luminaire has an optical system specifically designed to assure maximum main beam projection, while minimizing spill light. It is generally positioned with a 20' tilt back from vertical to reduce glare and obtain optimum performance. The optical chamber is sealed to reduce dirt and insect contamination. This fixture is Ideal for small parking areas and building- mounted security lighting. 120° 117"1.41441 41t0N74 '.,'', .8000, 30° vs- 90° Candlepower Distribution Curve of 175W MH Cutoff Roodlight, 20' tilt above horizontal. 00 00 40 20. 0 80 40 00 00 140 120 42.7 76.0 708 24.4 183 121 61 018 0.1 61 12.2 162 24+4 lsofootcandle plot of one 175W MH Cutoff Floodlight at 15' (4.6 m) from reference plane and 20' tiff. Wattage/ Lamp 150W PSMH 50W MH 70W MH 100W MH 175W MH 35W HPS 50W HPS 70W HPS 100W HPS r IOW "4,0447 111 td rj± 30 ° Candlepower Distribution Curve of 150W HPS Cutoff Floodlight, 20' tilt above horizontal. 60 80 40 8 0' 20 40 00 00 140 180 Catalog Number LCF•615 -M LCF•405 -D LCF'407 -0 LCF•410 -D LCF•417 -M LCF•503 -1 LCF_505 -D LCF•507 -M LCF'51O -M Mounting Code (Insert Code at in Catalog #) 3 =2' Adjustable Fitter 4 =Yoke Mount 8 =Without Mounting (hardware) (factory- drilled) w/ati- ho4NT 150W HPS ICF_515 -M Options. (Factory - installed) Change Add Atter Description Suffix To Suffix 277V Reactor Ballast (es►w on hi 27 120V Reactor ballast (50 -150W HPS only) 1 480V ballast (175W MH & 70 -1o0W HPS only) 5 quad -volt ballast (50 -100W MH only) M Td- volt ballast ( ro- 17sw►e+ara- raoxras only) (Canada o0hi T Single Fuse* (277V Reactor, 1201/. 277V a 347V) 27,1, 2 or 6 F Dual Fuse* (208V, 240V or 48011) 3,4 or 5 F Tamperproof Lens Fasteners .1 Button Photocell* (Factory - installed with all mountings other than 2' Adjustable Filter) NOTE n/a on 480V 27,1,2, 3,40r6 P External Photocell* (Factory - installed) (page 123) For fxtures w /480V 5 P • Fixtures with factory- installed photocell and/or fuse supplied with single voltage ballast. Accessories: (Field - Installed) Deseription Catalog # Wire Guard FWG -L Polycarbonate Vandal Shield (n/a if fixture is used In an uptight position) LS -L Tamperproof Screwdriver IPS'1 Button Photocell (Field - installed in Ndures with 2' Adjustable Fitter) For fixtures w/120V PC -1 For fixtures w/208, 240 or 277V PC-2 For lixtures w/347V PC'e Optical Systems Page 115 Mountings Page 116 Catalog Number LoglcNoltage Suffix Key Page 116 Accessories Page 123 Mounting Alternatives Pages 124 -125 Mounting Brackets Pages 126 -127 Poles Pages 128 -133 122 61 Om ml 1 61 244 10.7 12.2 61 ore 61 12.2 102 24.4 Isotootcandle plot of one 150W HPS Cutoff Floodlight at 15' (4.6 m) from reference plane and and 20' tilt. (235 mm) CF Series 2" Adjustable Fitter This cutoff luminaire has an optical system specifically designed to assure maximum main beam projection, while minimizing spill light. It is generally positioned with a 15' to 25' tilt above horizontal to reduce glare and obtain optimum performance. The CF Series can be used for parking lots, auto sales lots and outdoor sports areas (volleyball, tennis courts, etc.). Three Sizes: 12' square x 5' deep (305 x 127 mm) 16' square x 6.5' deep (406 x 165 mm) 22' square x 9.25' deep (559 x 235 mm) tilifwg01 '"_4114 WK"'"Alrowit 6001:41011N Candlepower Distribution Curve of 400W HPS Cutoff Floodlight, 20' tilt above horizontal. • �� 122 308 204123 122 61 01* 21 122 123 204 302 !so ootcandle plot of one 400W HPS Cutoff Floodlight at 30' (9.1 m) mounting height, and 20' tilt above horizontal. 42.7 208 264 123 122 21 0 l fi00000 P 1 Candlepower Distribution Curve of 1000W HPS Cutoff Floodlight, 20'tilt above horizontal. 100 80 140 lea 140 120' 100 eo a 40 40 20' 0 20 40 m I 20102 54.2 f- —• 423 42.7 see 24.4 163 122 8.1 203 214 123 122 61 Om 21 123 143 214 308 Iso ootcandle plot of one 1000W HPS Cutoff floodlight at 40' (12.2 m) mounting height, and 20' tilt above horizontal. Housing Wattage/ Catalog Slur (sq.) Lamp Number 12' 150W PSMH MCF•615 -M Qrder. rnformatibif 16' $ 320W PSMH CF'632 -M 22' 750W PSMH CF•675 -M MCF•405 -0 MCF•407 -D MCF'410 -0 MCF•417 -M CF•417 -M CF•425 -M 12' 12' 12' 12' 16' 16' 16' 22' 12' 12' 12' 12' 50W MH 70W MH 100W MH 175W MH 175W MH 250W MH 400W MH 1000W MH 35W HPS CF•440 -M CF'499 -M MCF•503 -1 50W HPS MCF•505 -D 70W HPS MCF•507 -M 100W HPS MCF•510 -M 12' 150W HPS MCF'515 -M Mounting Code (Insert Cods at • In Catalog 6) 3 = 2' Adjustable Fitter 4 =Yoke Mount 5 = Fixed 20' Mount 6 =1/2' Adjustable Fitter (1/r Adj. Finer for use on 12' housing only) 8 =Without Mounting (hardware) (factory- drilled) 16' 50W HPS CF_525 M W AL 1. /b 0 6( /(J r 16' 400W HPS CF *540 -M 22' 1000W HPS CF_599 -M Other lamp wattages available - consult factory V Reduced envelope lamp. E028 for 320W PSMH Options: (Factory- installed) Change Add Atter Description Suffix To Suffix 277V Reactor Ballast (PS SS 21 120V Reactor ballast (50 -150W HPS 12' housing only) 1 480V ballast (320w Ps►an,173 -1000w MH a 70-1000W HPS only) 5 Ouad -volt ballast (50 -100W MH only) M Td -volt ballast (320W PSMH, T 70 -1500W MH & 70 -1000W HPS only) (Canada only) Single Fuse* (277V Reactor, 120V, 277V or 347V) 27, 1, 2 or 6 F Dual Fuse* (208V, 240V or 480V) 3, 4 or 5 F Ouartz Standby (delayrelay NO (Includes 100W O lamp) (nM 277V Reactor) 0 Uplight Lens Frame U Button Photocell* (Factory - Installed with all mountings other than 2' Adjustable Fitter ) NOTE: n/a on 1000W w/120V; all 480V 27,1, 2, 3, 4 or 6 P External Photocell' (Factory - installed) (page 107) For (Mures wt1000W,120V 1 P For fixtures w /480V 5 P • Fixtures with factory-Installed photocell and/or fuse supplied with single voltage ballast Accessories: (Field- Installed) 12' housing 16• housing 22• housing Wire Guard FWG -12 FWG-18 FWG -22 Backlight Shield SBL -12 SBL -16 SBL -22 Polycarbonate (n/a if fixture is used in an uptight position) Vandal Shield LS-12 LS-16 LS-22 Button Photocell (Flo nstalledInPoduo wing Adjustable fitter) Catalog d For fixtures w/120V (n /a on 1000W) PC -1 For fixtures w/208, 240 or 277V PC -2 For fixtures w/347V PC•6 Mountings Page 90 Catalog Number Logic/Voltage Suffix Key Page 89 Optical Systems Pages 79-81 Accessories Page 107 Mounting Alternatives Pages 124 -125 Mounting Brackets Pages 126 -127 Poles Pages 128 -133 The main beam perpendlcu 111 ji 1 3s 1 ATION a MAINTENANCE w 4 w i .�9 1;1 it! I 1 N d u I� J a g a} as >a 4�Y °= 4 i BOLLARD PLAN 8i ,/ 8 oG 4 4 S Alp 3M " 1"1 " 1-1 1 °'1 H MOM Yet INLOI MAN a 6 7 ig h 11 1- z 0 z 0 d) 2 4 E m 1 I 1113 GENERAI. NOTES: Nov- R2 4 1 YP 3P 1 0 0 2 4 J O O w I- d) a� i IA 1111 KEYPLAN 1 1 i 1 C 1 • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7C Tanda Gretz May 27, 2003 Resolution No.: 03 -61 Variance to allow an addition (home and garage) to be constructed within the required street setback, for property located at 6206 Red Maple Lane. Rebecca Keller ACTION REQUIRED: 3/5 vote BACKGROUND Rebecca Keller owns property located at 6206 Red Maple Lane, in the northeast corner of the intersection of Red Maple Lane and 62nd Street, in Section #32. The property is approximately 34,000 sq. ft. in size and contains a home and attached 2 -stall garage. Ms. Keller would like to enlarge the existing garage on the south side, as well as add a home addition above the garage and a mud room on the east side. These additions would require construction approximately 3 -1/2 feet into the required 40 -foot street setback of 62nd Street, and thus Ms. Keller is asking for a variance. This review is based on the following exhibits: 1.) General Location Map 2.) Certificate of Survey 3.) Floor Plans 4.) P &Z Draft Minutes (May 14, 2003) • • • City Council May 27, 2003 Keller Variance ANALYSIS The following chart summarizes the zoning and land use designations for the subject property, as well as surrounding properties: Location Guided Land Use Zoning Subject Site Low Density, Unsewered Residential Rural North " " East " " South " " West GG GL Under the Lakes Zoning Ordinance, a property of this size and zone is allowed up to 1,200 sq.ft. of accessory building space. The property currently contains an existing attached garage measuring slightly more than 20 X 22 feet - roughly 500 square feet. The applicant plans to expand the garage to 992 square feet. There are no other accessory buildings on the property. The Lino Lakes Transportation Plan classes 62nd Street as a Minor Collector street, with the Lino Lakes Zoning Ordinance requiring a 40 -foot street setback for all collector or arterial streets. At present, 62nd Street is paved from Ware Road to Red Maple Lane, with the section from Red Maple Lane to Holly Drive not constructed, but indicated as a "proposed road" under the Lino Lakes Transportation Plan. The applicant's proposed addition would extend three feet, seven inches into the required 40' street setback. The applicant has stated that it is necessary to encroach into the setback area in order to make the proposed addition of a size large enough to make the project worthwhile. Conversely, it is staffs contention that the desire to expand simply in order to have more storage space does not constitute a demonstration of hardship. Further, by making some design changes and expanding to the east, rather than the south, the applicant has the ability to fulfill their desire for expansion while working within the requirements of the ordinance. FINDINGS OF FACT The Lino Lakes Zoning Ordinance directs that in considering all requests for variance or appeal, and in taking subsequent action, the City shall make the following finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: the property has been, and currently is being, put to reasonable use • • • City Council May 27, 2003 Keller Variance 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: there are no physical circumstances that are unique in this situation. Like many properties in the City, the lot on which the home is placed is simply not large enough to accommodate the further expansion as proposed — at least to the south. 3. That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Comment: the property can, and has been, put to reasonable use under the ordinance. The applicant's desire to expand, which is not an issue of hardship, is not precluded by the directives of the ordinance. Rather, by making other design choices, the applicant would be able to expand while upholding ordinance requirements.. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Comment: granting the variance would confer special privilege, in the absence of hardship being demonstrated. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: in terms of variances, the spirit and intent of the ordinance is upheld only when a clear hardship is identified. CONCLUSION The Lino Lakes Zoning Ordinance establishes minimum street setback requirements for all City streets as a way of providing buffer space between traffic and structures, as well as providing for future right -of -way requirements when streets are constructed or enlarged. The portion of 62 " street east of Red Maple Lane, while not currently constructed, is designated on the Lino Lakes transportation plan to be constructed at some point in the future as a collector street, and will thus require a 40' setback. Staff would recommend denial of the proposed variance in order to preserve full right -of -way for 62nd Street. • • City Council May 27, 2003 Keller Variance P & Z BOARD RECOMMENDATION The above report was presented at the May 14th meeting of the Planning & Zoning Board. After consideration of the issues, the board voted 3 -2 to approve the proposed Variance. Draft minutes of the meeting are attached. OPTIONS 1. Deny the proposed variance. 2. Approve the proposed variance. 3. Return to staff with direction. RECOMMENDATION Option #1. • • CITY OF LINO LAKES RESOLUTION NO. 03-61 RESOLUTION DENYING A VARIANCE FROM THE REQUIRED 40 -FOOT SETBACK FROM 62ND STREET, FOR A GARAGE EXPANSION AND HOME ADDITION AT 6206 RED MAPLE LANE (LOT 1, BLOCK 1, COLONIAL WOODS) WHEREAS, the City has received an application for a Variance from the required 40- foot setback from 62' Street for a garage expansion and home addition for property at 6206 Red Maple Lane (Lot 1, Block 1, Colonial Woods), and WHEREAS, the City's zoning ordinance, in Section 5, subd. 1.B.3.a.2, requires a 40 -foot setback from collector or arterial roads for property located in a Rural zone, and WHEREAS, the City of Lino Lakes Transportation Plan (June 2001) designates 62" Street as a proposed Minor Collector road east of Red Maple Lane, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance, as described in the attached staff report, dated May 27th, 2003. Adopted by the Lino Lakes City Council this 27th day of May, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor EXHIBIT # 1 21 22 BIRCH STREET ANOKA COUNTY HIGHWAY RIGHT- OF -WA„ PLAT NO. • • Red Maple Lone b A { :j 12Y.(8 No' 41' 42'4:- ILE'v: 4,10- Scale: f " =�Q ' b` by me or unfol y my d: icy/ sups visa onrarnd othat I am d ly Book ' Rejis /trtd land Surveyor under /he laws or the _Rate or 1:ds1¢ Minnesota. Dated fhis. 11T thy of' orT i .ao. Tnb,A/o. ! Rrjiafralion Alo. 18231 GI NN REN3EIN MONIES 8651 Naples St. N.E. . Blaine. Ph. 55449 Tel. 784- 0657 • Existing Space • G A R A G E E N T R Y i0 z-D 26 feet D R I V E WA Y 22 feet EXHIBIT # 3 Proposed Space PROPOSED SPACE Garage and Entry/Mudroom Upper Addition 6ft 1/2 bath 6 f 30 ft 10 ft 16 feet MUDROOM N T R Y 12 ft 16ft 8ft 12ft 3 closet 8ft 8ft G A R A G E 24 feet 48 feet Bathroom Walk -in Closet Master = Bedroom 32 Family Room 32 feet • Planning & Zoning Board May 14, 2003 Page 2 Staff recommended this be continued to the June meeting. EXHIBIT # Mr. Tralle made a MOTION to continue Bruggeman Properties, SE corner of Birch Street and Hodgson Road, Preliminary Plat, Rezone, CUP and Site Plan Review to the June, 2003 meeting. The motion was supported by Mr. Lyden. Motion carried 5 -0. A. REBECCA KELLER, 6206 RED MAPLE LANE, VARIANCE Staff stated Ms. Keller would like to enlarge her existing garage on the south side, as well as add a home addition above the garage and a mud room on the east side. Applicant had stated that it was necessary to encroach into the setback area in order to make the proposed addition of a size large enough to make the project worthwhile. It was staff's contention that the desire to expand simply in order to have more storage space does not constitute a demonstration of hardship. Further, by making some design changes and expanding to the east, rather than the south, the applicant has the ability to fulfill their desire for expansion while working within the requirements of the ordinance. Staff presented its analysis and reviewed the five findings for a variance. Staff recommended denial of the proposed variance in order to preserve full right -of -way for 62nd Street. Mr. Tralle asked when the street was proposed to go in. Mr. Grochala replied they hoped to start it this year. Mr. Lyden asked if the proposed road went through a green space. Ms. Gretz replied she did not know about the green space, but there was a lot of wetland in the area. Mr. Lyden asked if this was in the Comprehensive Plan. Mr. Grochala replied it was in the transportation plan, which was an appendix to the Comprehensive Plan. Mr. Lyden asked what the plausibility of extending the road to Holly Drive. Mr. Grochala replied there were challenges to constructing the road. Chair Schaps invited applicant to make comment. Rebecca Keller, 6206 Red Maple Lane, stated she has been in her home since 1986 and when they purchased their property, the setback requirement was 30 feet and at that time, 62nd Street was not defined as a collector street, and if were defined as a collector street at that time, it would have had a 40 foot setback. She estimated it was changed to a collector street five or six years ago. She stated the reasonable use of her property was a very subjective thing. Usable use for her was a three -car garage. She stated her circumstances were unique in that they lived on a corner lot and they did not have access to 62nd Street. She noted if they were to build a garage farther to the east, they would not have very good accessibility to the garage. She indicated they would have to go all of the way through their property to get to the garage. She stated other design choices would be more costly and would not provide them the economic and aesthetic value they wanted. She stated they would not be getting special privileges by asking for this because if they built five or six years ago, they would have requested a smaller variance. She stated the intent of the ordinance should not prevent the owners from making practical design choices. DRAFT MINUTES • Planning & Zoning Board May 14, 2003 Page 3 Chair Schaps asked if the existing garage was 26 feet deep. Ms. Keller replied it was 20 feet, with six feet of entryway. Chair Schaps asked how many feet wide the garage would be if they stayed within the ordinance. Ms. Keller replied the original plan they had was a three -car garage with three stalls out in front, but now they decided to do a double -deep garage in back, which would add six additional feet. Chair Schaps asked if they had considered any other way to do this. Ms. Keller replied they were making the decision knowing what the possibility of the road was in the future. She stated they would be responsible for making this choice. She pointed out there were many homes in the City with a 30 -foot setback. She noted there were no plans at this time to even expand the road. She indicated if they had the entrance to the garage in the back of their property, they would have to remove trees and the driveway would cut right through their yard. She noted they also had to upgrade their septic system, which would also limit their garage expansion. Mr. Rafferty asked if they were only going to have two doors facing the front. Ms. Keller replied that was correct. Mr. Rafferty stated he believed they could make their plan work without having to need this variance. Ms. Keller stated 20 feet for a garage was not workable and they were banging their doors on the side of the garage when they opened them. Mr. Lyden stated he did not believe the road would ever go through and the reason the Zoning Ordinance existed was to protect the public, and in this case the only one affected was the homeowner. He stated he saw no reason how by expanding the garage six feet to the south it would impact the public good. Mr. Tralle asked if the road was proposed when they bought the home. Ms. Keller replied she was informed the road might be expanded when they bought the home in 1986 and it was on a ten -year plan. Mr. Tralle stated he agreed with Mr. Lyden and he could not see the road going through any time soon. He noted they could plan things and say they were going to do them, but if it was obvious it was not going to happen, they had to realize that. Mr. Hyden asked if this was at one time a 30 -foot setback. Ms. Gretz replied she was able to obtain that back to 1992, collector streets required a 40 -foot setback and before that the Ordinance quoted a 30 -foot setback from the street, not differentiating if it was a collector street. Mr. Hyden asked what were they suppose to go by. Ms. Gretz replied they dealt with what they had now and hoped it was the best way to go. Mr. Rafferty stated the most positive thing was that the people who built the home knew the street might go through and everyone was made aware of the fact that the street might DRAFT MINUTES Planning & Zoning Board May 14, 2003 Page 4 • go through. He the rules were what they were, however, things had changed with the • existing homeowner and when they purchased the home, it was a different setback. Chair Schaps stated every lot had potential and every lot would have some type of a restriction. Unfortunately, Ordinances changed but they needed to follow today's Ordinances. He stated he believed they had other options including reducing their square footage. Mr. Corson stated they had the Ordinances for a reason and if they granted this variance for 31/2 -feet, the next person who came before the Board requesting a 3 '/2 -foot variance, they would have a difficult time denying it. Mr. Lyden made a MOTION to approve the variance to allow an addition (home and garage) for property located at 6206 Red Maple Lane, Rebecca Keller for the reason that the lot had unique characteristics and was supported by Mr. Tralle. Motion carried 3 -2 (Tralle, Lyden, and Rafferty — Aye. Corson and Hyden — Nay). B. Thomas Laumeyer, 6174 Centerville Road, Variance Staff stated applicant's home was non - conforming in that it was located within the Shoreland Overlay District of Lake Amelia, but did not meet the required 150 -foot setback requirement from the ordinary high water level (OHWL). Applicant would now like to add an addition onto his home, however the proposed addition would likewise not meet the required setback from the OHWL. As a result, the applicant was requesting a variance from the 150 -foot setback from the OHWL. Staff presented its analysis and reviewed the five findings for a variance. Staff recommended denial of the variance because it did not demonstrate a hardship. Chair Schaps invited applicant to make comment. Thomas Laumeyer, 6174 Centerville Road, stated he believed his unique circumstances were tied to the physical property. He presented his Certificate of Survey and noted he had 174 feet to the easement and if they went 150 feet with a 28 -foot house, that would put him over the easement line by 4 feet, so it was impossible to place these structures anywhere within the Code. He stated the home was built in 1959 by his parents. He noted the home was very small. He stated he had lived there for 8 years. He stated the home was 80 square feet, noting it was smaller than a 14x80 mobile home. He noted he believed he had a hardship. He stated he did not believe there was an absence of hardship. He indicated his situation was unique to the area because he was the only existing home on the lake that was this close and he did not believe anyone would ask for a variance because there were no other homes that close. He stated the DNR had been notified and they did not have a problem as long as he did not go closer to the lake. He stated his proposed addition would not bring it closer to the lake. He indicated he had spoken with his neighbors and they did not have any problem with this proposal. He indicated this would not hurt anybody to add onto his home. DRAFT MINUTES • • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7D Tanda Gretz May 27, 2003 Resolution No.: 03 -62 Variance to allow the construction of a home addition within the required shoreland (OHWL) setback, for property located at 6174 Centerville Road. Thomas Laumeyer ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Thomas Laumeyer owns property located at 6174 Centerville Road, on the west side of Lake Amelia. Mr. Laumeyer's existing home is non - conforming in that it is located within the Shoreland Overlay District of Lake Amelia, but does not meet the required 150 -foot setback requirement from the ordinary high water level (OHWL). Mr. Laumeyer would now like to add an addition onto his home, however the proposed addition would likewise not meet the required setback from the OHWL. As a result, the applicant is asking for a variance from the required 150 -foot setback from the OHWL, as specified under the Lino Lakes Shoreland Management Overlay Ordinance (Chapter 1102.07, Subdiv. 2.A.1). This review is based on the following exhibits: 1. General Location Map 2. OHWL Location/Hult Assoc. Letter 3. Marked Up Survey 4. P & Z Draft Minutes (May 14, 2003) • • City Council May 27, 2003 Laumeyer Variance ANALYSIS Shoreland Ordinance The Shoreland Management Overlay Ordinance was adopted by the City of Lino Lakes in response to Minnesota Statute requirements. The Ordinance applies to land ( "shoreland ") located within 1,000 feet of the OHWL of the public water bodies noted within the ordinance. Lake Amelia is classified as a Natural Environment Lake under the Shoreland Ordinance, and as such, requires all structures maintain a 150 -foot setback from the OHWL, which is defined as 908.10. The existing house has a setback of 90 feet. The proposed addition, which would be on the north side of the home, would have approximately the same setback. The Shoreland Ordinance directs that all additions /expansions to nonconforming structures "must meet the setback, height, and other requirements of (the) ordinance. Any deviation from these requirements must be authorized by a variance." Zoning & Land Use The following chart summarizes the zoning and land use designations for the subject property, as well as surrounding properties: Location Guided Land Use Zoning Subject Site Rural Land Use Rural Executive (R -X) North " 44 East Lake Amelia Lake Amelia South Rural Land Use Rural Executive (R -X) West Low Density, Sewered Residential Rural (R) The property is somewhat isolated, with the nearest neighboring house located south of the subject property at the intersection of Ash Street and Centerville Road. The nearest houses north of the property are located along Centerville Road, on the west side of the road, and thus not on Lake Amelia. The property is only 175 feet wide, with the OHWL located approximately 90 feet east of the existing home. In this respect, the property is too small to allow compliance with the setbacks required under the Shoreland Ordinance: if the structure were setback the required 150 feet from the OHWL, then it would not meet the required setbacks from Centerville Road. Septic Issues The Shoreland Ordinance also specifies a 150 -foot setback from the OHWL for the septic system of properties located within the Shoreland Overlay District of a Natural Environment Lake. The septic system for the subject property is located southeast of the • • City Council May 27, 2003 Laumeyer Variance house and is non - conforming in that it does not meet the required setback, being approximately 80 feet from the OHWL. Additionally problematic is the requirement of the Shoreland Ordinance which specifies that properties subject to its provisions, and applying for a variance, must have conforming septic systems (Chapter 1102.04, subdiv. 3.C): "For existing developments, the applications for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non - conforming sewage treatment system." Specifically, the septic system must comply with Chapter 402 of the City Code and the Minnesota Pollution Control Agency standards (Chapter 7080), as outlined under Chapters 1102.08 and 1102.11 of the Shoreland Ordinance. As the City has no information as to the compliance status of the septic system on site, a Certificate of Compliance from a certified septic system inspector should be required. Please note that the ordinance specifically states that "a sewage treatment system shall NOT be considered nonconforming if the only deficiency is the sewage system's improper setback from the ordinary high water level." In this respect, then, the goal is just to establish functional compliance of the system, and not necessarily to relocate it. A last issue to note is whether the proposed addition implies greater use of the septic system. That is, if additional bedrooms are being installed, then the implication is that the existing septic system will be subject to greater useage. Depending on the status of the system, this increased usage may or may not impact the system. Building Issues There are a number of different ordinances which address the issue of how high above the 100 -year flood elevation a structure must be elevated. For construction purposes, the lowest floor of a structure should be located a minimum of two feet above the 100 -year flood elevation, which is defined as 910.0 for the Lake Amelia. The applicant has submitted information indicating that the lowest floor elevation of the existing home is at 914.2 (Exhibit 2), which meets the two -foot separation requirement. Elevations are not available for the proposed addition, and it would be required that the addition likewise meet the two -foot separation. Please note that this requirement pertains to the 100 -year flood measurement (910.0), and not the OHWL (908.10). DNR Tom Hovey of the DNR has reviewed this application. Mr. Hovey has stated that the DNR does not oppose the applicant's plans for an addition, as long as such an addition is not built any CLOSER to the OHWL than the current non - conforming structure. • • City Council May 27, 2003 Laumeyer Variance FINDING OF FACT The Shoreland Ordinance specifies that variances to its provisions be evaluated as outlined in the Lino Lakes Zoning Ordinance, which directs that when considering all requests for variance or appeal, and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: the property has been put to reasonable use, but cannot be expanded or improved under the constraints of the Shoreland Ordinance. 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: the unique physical circumstance is the narrowness of the lot, which precludes siting a structure in a way that both meets the setback requirements of the Shoreland Ordinance as well as those required for Centerville Road. 3. That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Comment: the property has been put to a reasonable use in the past, but cannot be expanded or improved under the constraints of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Comment: there do not appear to be other properties similarly situated. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: the spirit and intent of the ordinance is upheld when hardship is identified. City Council May 27, 2003 Laumeyer Variance • CONCLUSION • The City of Lino Lakes has adopted the Shoreland Management Overlay Ordinance as required under Minnesota State Statute. The applicant's property is subject to the ordinance, being within 1,000 of the OHWL of Lake Amelia, a natural environment lake. The Shoreland Ordinance requires that any additions constructed within such an area be setback 150' from the OHWL, with a septic system that is fully compliant. In this case, the narrowness of the lot precludes siting a structure in such a way that it would meet the required 150' setback from the OHWL as well as the 40' setback from Centerville Road, and so hardship is demonstrated. The City has no information as to the compliance status of the existing septic system and, as a result, a certificate of compliance should be required, with replacement/improvement of the system to be required, if indicated. Thus, staff would recommend approval of the proposed variance, with the condition that the septic system by proven compliant. P & Z BOARD RECOMMENDATION Staff had initially recommended against this variance at the May 14th meeting of the Planning & Zoning Board. At that meeting the board voted 5 -0 to approve the proposed Variance. Draft minutes of the meeting are attached. OPTIONS 1. Approval of the proposed variance. 2. Denial of the proposed variance. 3. Return to staff with direction. RECOMMENDATION Option #1 • • • CITY OF LINO LAKES RESOLUTION NO. 03-62 RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED 150 -FOOT SETBACK REQUIREMENT FROM THE OHWL OF LAKE AMELIA, FOR A PROPOSED HOME ADDITION LOCATED AT 6174 CENTERVILLE ROAD WHEREAS, the City has received an application for a Variance from the required 150 - foot setback requirement from the OHWL of Lake Amelia, a natural environment lake, for a proposed home addition for property located at 6174 Centerville Road, and WHEREAS, the City's Shoreland Management Overlay Ordinance requires a 150 -foot setback requirement from the OHWL for structures located within 1,000 feet of the OHWL of natural environment lakes, and WHEREAS, the narrowness of the lot precludes siting a structure in such a way that it could both meet the required 150' setback from the OHWL as well as the 40' setback from Centerville Road, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated May 27th, 2003, with the following condition: 1. That the existing septic system be inspected and issued a certificate of compliance by a certified septic inspector, with replacement/improvement of the system to be required, if indicated. Adopted by the Lino Lakes City Council this 27th day of May, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • W Z t J Q CANRELD ROAD _L KARTH ROAD a J It, Ilt ,r r 1 0 EXHIBIT # .1 OF L 0 r PART g OF EC S34, 35 T.3t• R.22 © ® h CO. RD. J— - STREET - —00— RD. =J =(ASH— STREET) — April 29, 2003 HULT & ASSOCIATES, INC. A division of McCombs Frank Roos Associates,) Engineering, Planning, Surveying & Wetland Delineating Telephone: 651-464-3130 Facsimile: 651- 464 -4822 Thomas Laumeyer 6174 Centerville Road Lino Lakes, MN 55038 EXHIBIT # Z Re: Elevation of existing house Dear Mr. Laumeyer: On April 7, 2003, we located the Amelia Lake Ordinary High Water (OHW) adjacent to your home, the existing garage, and the existing house (sketch below). We located the lowest opening of the existing house where the lower level door opens towards the lake. The lowest opening elevation is 914.2. This is 6.1 feet above the Amelia Lake OHW of 908.10. Once again, elevations were based on a DNR bench mark located on the east side of Amelia Lake. If you have any questions or if you need any additional services, please feel free to give me a call. Sincerely, ��// ✓r/U Torry aftson, P.E. EXISTING '4.. HOUSE EXISTING GARAGE r• rAilw XOHw )<oHW OHW L.—ORDINARY HIGH WATER LINE AMELIA LAKE 908.10 (NAVD 1929) • Mailing Address: P.O. Box 37- Forest Lake, MN. 55025 • ® Email: hult @mfra.com A 500 W. HWY. 96 ST. PAUL 12, MINN. 484.3301 ,} CERTIFICATE .OF MILNER W. CARLEY & CONSULTING CIVIL ENGINEERS SURVEY ASSOCIM t. LAND SURVEYORS 314 OAK ST. SAW< CENTP..E. MINN. 352.3664 EXHIBIT # 3 18 4 E. S.E. ST. CLOUD. MINN 251.7751 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. al ' 44 0 „ie.); v • ■ f?i' r . . './ /.'_ s ' Y/ Reg. No.._U2` .Date Aug. 23 , 1968 N Planning & Zoning Board May 14, 2003 Page 4 EXHIBIT # • go through. He the rules were what they were, however, things had changed with the • • existing homeowner and when they purchased the home, it was a different setback. Chair Schaps stated every lot had potential and every lot would have some type of a restriction. Unfortunately, Ordinances changed but they needed to follow today's Ordinances. He stated he believed they had other options including reducing their square footage. Mr. Corson stated they had the Ordinances for a reason and if they granted this variance for 31/2 -feet, the next person who came before the Board requesting a 3'/2 -foot variance, they would have a difficult time denying it. Mr. Lyden made a MOTION to approve the variance to allow an addition (home and garage) for property located at 6206 Red Maple Lane, Rebecca Keller for the reason that the lot had unique characteristics and was supported by Mr. Tralle. Motion carried 3 -2 (Tralle, Lyden, and Rafferty — Aye. Corson and Hyden — Nay). B. Thomas Laumeyer, 6174 Centerville Road, Variance Staff stated applicant's home was non - conforming in that it was located within the Shoreland Overlay District of Lake Amelia, but did not meet the required 150 -foot setback requirement from the ordinary high water level (OHWL). Applicant would now like to add an addition onto his home, however the proposed addition would likewise not meet the required setback from the OHWL. As a result, the applicant was requesting a variance from the 150 -foot setback from the OHWL. Staff presented its analysis and reviewed the five findings for a variance. Staff recommended denial of the variance because it did not demonstrate a hardship. Chair Schaps invited applicant to make comment. Thomas Laumeyer, 6174 Centerville Road, stated he believed his unique circumstances were tied to the physical property. He presented his Certificate of Survey and noted he had 174 feet to the easement and if they went 150 feet with a 28 -foot house, that would put him over the easement line by 4 feet, so it was impossible to place these structures anywhere within the Code. He stated the home was built in 1959 by his parents. He noted the home was very small. He stated he had lived there for 8 years. He stated the home was 80 square feet, noting it was smaller than a 14x80 mobile home. He noted he believed he had a hardship. He stated he did not believe there was an absence of hardship. He indicated his situation was unique to the area because he was the only existing home on the lake that was this close and he did not believe anyone would ask for a variance because there were no other homes that close. He stated the DNR had been notified and they did not have a problem as long as he did not go closer to the lake. He stated his proposed addition would not bring it closer to the lake. He indicated he had spoken with his neighbors and they did not have any problem with this proposal. He indicated this would not hurt anybody to add onto his home. DRAFT MINUTES • • • Planning & Zoning Board May 14, 2003 Page 5 Mr. Hyden asked what state was his septic system in. Mr. Laumeyer stated he had it pumped yesterday and he received an inspection report from the City noting it had passed the inspection. Mr. Hyden asked if the septic system would accommodate the new addition. Mr. Laumeyer replied he would need to investigate this further, but he was not opposed to putting in another septic system if necessary, but he did not want to put a septic system in if the City came through with City water in the near future. Chair Schaps stated he would have the option of hooking up to the City water when it becomes available. Mr. Rafferty asked if he was doubling the size of he home. Mr. Laumeyer replied it would be a 24x30 addition. Mr. Rafferty stated based on the guidelines, it appeared the home should never have been placed where it was. Ms. Gretz replied those guidelines did not exist when the home was built. She noted the Ordinance allowed what existed to continue, but once something was changed or added onto, the current Ordinance existed. Mr. Rafferty asked if there was another option for applicant to expand. Ms. Gretz replied it was not possible for applicant to expand his home and stay within the setback. Mr. Rafferty asked how old was the garage. Mr. Laumeyer replied the garage was built in approximately 1968. He noted the DNR flooded the lake and at the time the garage and home were built, Lake Amelia was considerably smaller. Mr. Corson asked if applicant had spoken with the DNR and asked if the DNR had any concern with the septic system. Mr. Laumeyer stated he had not spoken directly to the DNR, but City staff had. He noted the septic system should not be considered non- conforming according to the Ordinance. Mr. Tralle asked if there would be any additional bathrooms, or water usages with this addition. Mr. Laumeyer replied there was not. He was proposing to add a family room and storage space only. Mr. Hyden asked at what point were they to deem this a hardship. He noted applicant had no other options. He stated it looked as if applicant had a hardship. Ms. Gretz replied in her interpretation, she was looking at past use and that this property had been put to reasonable used in the past. She agreed expansion would be better, but that did not get away from the fact that this property had been put to reasonable use in the past. She stated while applicant could not improve his property, he still had a reasonable use of this property. Mr. Lyden stated the home was built in 1959 and many years had passed and he believed applicant had the right to upgrade his home to bring it up to par with other homes in the City. He noted this was in the best interest of Lino Lakes to allow him to improve his property. He indicated it was a reasonable, fair use of this property to expand the home. DRAFT MINUTES Planning & Zoning Board May 14, 2003 Page 6 • He stated structure did define function and the hardship was the property, not that the • home was not put in the right place. Mr. Corson made a MOTION to allow variance to allow the construction of a home addition within the required shoreland (OHWL) setback for property located at 6174 Centerville Road, Thomas Laumeyer, for the following reasons: The Board did not believe the landowner was being allowed to put the property to a reasonable use; there were unique characteristics to this property; the State had mandated the 150 foot setback as a part of the Shoreland Overlay District and the applicant had a special situation that would be denied by this Ordinance; applicant's home was the closest to the lake in the area and there would be no other variance requests from neighbors; they were staying within the spirit of the Ordinance; and the applicant is to maintain the septic system, have it inspected and obtain a Certificate of Compliance. The motion was supported by Mr. Hyden. Motion carried 5 -0. C. PUBLIC HEARING, Molin Concrete, 415 Lilac Street, Site Plan Review and CUP Amendment Staff stated applicant was proposing to construct two building additions. One was a 950 square -foot locker room. The other was a 3100 square -foot expansion of a maintenance garage. Staff presented it analysis and recommended approving the CUP amendment with the conditions as noted in their May 14, 2003 report. Chair Schaps opened the public hearing at 7:40 p.m. Randy Moline, 415 Lilac Street, stated they had lost about 1/2 of the pine trees over the winter and those trees would be replaced after June 1. He noted they were meeting all of the required specifications regarding the seeding around the ponds also. Chair Schaps asked if everything worked out, when would all of the landscaping be done. Mr. Moline replied they would have everything done my July 1, depending upon the weather. Mr. Corson made a MOTION to close the public hearing at 7:52 p.m. Motion carried 5- 0. Mr. Rafferty made a MOTION to approve the Conditional Use Permit Amendment, Moline Concrete, Randy Molin with the conditions as noted in staff's May 14, 2003 report. The motion was supported by Mr. Corson. Motion carried 5 -0. D. REMOVED FROM AGENDA E. PUBLIC HEARING, Comprehensive Plan Amendment, Elm Street Area Staff stated the City was preparing to move forward with the reconstruction of Elm Street from Grey Heron Drive to its intersection with Sunset Avenue. As part of the project, the City was proposing to expand sanitary sewer and water main to currently unserviced DRAFT MINUTES • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 7E Michael Grochala May 27, 2003 Consideration of Resolution No. 03 -76 Approving Comprehensive Plan Amendment MUSA Land Use Change Stage Growth Area Change Elm Street Reconstruction Project VOTE REQUIRED: 4/5 BACKGROUND The City is preparing to move forward with the reconstruction of EIm Street from Grey Heron Drive to its intersection with Sunset Avenue. As part of the project the City is proposing to extend sanitary sewer and water main to currently unserviced portions of the project and to provide services to properties were utility mains are currently located. The City has previously completed the special assessment procedural requirements in accordance with Minnesota Statutes, Chapter 429, and the City Charter. However, an amendment to the Comprehensive Plan is required to allow services to be provided to several of the properties located adjacent to the improvements. ANALYSIS Existing Land Use The EIm Street corridor consists primarily of sewered and unsewered single family residential properties. St. Joseph's Catholic Church, Willow Ponds townhome complex, and Centennial Middle School are also located adjacent to the project area. The corridor is entirely developed with the exception of 5 to 7 properties that could subdivide off one single family lot if sanitary sewer is available. The majority of properties within the amendment area are under one acre in size. All of the properties are currently serviced by on -site wells and septic systems. City Council May 27, 2003 Elm Street Comp Plan Amendment • Existing Zoning • The majority of the project area is zoned R -1, Single Family Residential District with the exception of Willow Ponds (R -4, High Density Residential District) and Centennial Middle School (PSP, Public and Semi - Public). The minimum lot size in the R -1 District is 10,800 square feet if sanitary sewer and water are available. 2001 Comprehensive Plan The 2001 Comprehensive Plan guides this area for low density sewered and unsewered residential, medium density residential, and Public /Semi - public land uses. These designations conform to the existing development that has occurred. The majority of the project area lies within the Stage 1 Growth Area (1998 -2010) and within the Metropolitan Urban Service Area (MUSA). Impact on Land Use A total of 26 existing residential properties are contained within the plan amendment area. The amendment changes area as follows: 1) 18 properties require a land use designation change from low density, unsewered residential to low density, sewered residential. 2) 5 properties require a land use designation change from low density, unsewered residential to low density, sewered residential, a change to the Stage 1 Growth Area, and expansion of the MUSA. 3) 2 properties require a land use designation change from low density, unsewered residential to low density, sewered residential and expansion of the MUSA. 4) 1 property requires expansion of MUSA. The following table provides an overall summary of the Land Use change: Land Use Designation Pre Amendment Post Amendment Avg. Densit Y Acre s # Units MUSA Avg. Densit y Acres #Unit s MUSA Low Density, Unsewered Residential 1.32 18.93 25 12.67 na na na na Low Density, Sewered Residential 1.28 .78 1 0 1.62 19.71 32 19.71 Traffic 411 Elm Street is designated as a minor collector street and is further designated as a Municipal State Aid Street. The proposed land use change would allow for the • • City Council May 27, 2003 Elm Street Comp Plan Amendment potential of seven new single family residences on the street. Any new single family development within the amendment area will have minimal impact to the system. Wastewater Approval of the amendment will allow for the connection of existing properties to the municipal sanitary sewer system. The amendment area lies within Sewer Service District 2, which has the capacity to carry the anticipated increase in flows. The amendment will only add a total of 7.04 acres of MUSA servicing upto 15 single family residences. Water An existing City trunk water main is located on Elm Street and services several of the adjacent properties. The existing system is capable of servicing the amendment area. PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing and discussed the request at its May 14, 2003 meeting. The board unanimously recommended approval of the Comprehensive Plan Amendment. RECOMMENDATION Given the need to improve Elm Street and the proximity of sanitary sewer and water it is cost effective and prudent to extend public utilities in conjunction with the street improvements. The amendment is necessary to allow for the extension of these services and provide for the eventual need to phase out existing on -site private utilities. Therefore, staff is recommending approval of the Comprehensive Plan Amendment to allow the following: 1. Change the Land Use designation of 26 properties from Low Density, Unsewered Residential to Low Density, Sewered Residential. 2. Change the Growth Area designation of 5 properties to a Stage 1 growth area. 3. Expansion of the MUSA by 7.04 acres. ATTACHMENTS 1. Resolution No. 03 -76 2. Comprehensive Plan Land Use Map. 3. Plan Amendment Map. • • • City Council May 27, 2003 Elm Street Comp Plan Amendment CITY OF LINO LAKES RESOLUTION NO. 03 -76 RESOLUTION APPROVING AMENDMENT TO THE COMPREHENSIVE PLAN (Elm Street Project) WHEREAS, the City of Lino Lakes has adopted a Comprehensive Plan to guide community growth in a rational and responsible manner through 2020, and WHEREAS, MN Statutes 462.355 authorizes the governing body to amend the comprehensive municipal plan, and WHEREAS, an amendment to the plan is required to provided public utilities to service existing and future residential properties along Elm Street in conjunction with planned roadway improvements, and WHEREAS, the City of Lino Lakes Planning and Zoning Board held a public hearing on March 14, 2003 and recommended approval of the Comprehensive Plan amendment, NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the following amendments to the 2001 Comprehensive Plan as shown on the attached Exhibit A and described as follows: 4. Change the Land Use designation of 26 properties from Low Density, Unsewered Residential to Low Density, Sewered Residential. 5. Change the Growth Area designation of 5 properties to a Stage 1 growth area. 3. Expansion of the MUSA by 7.04 acres. Adopted by the Lino Lakes City Council this 27th day of May, 2003 ATTEST: John J. Bergeson, Mayor Ann Blair, City Clerk IIIIu■s mouit/t • r '''111111111 -repare• a LIIIKeTekl • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 7F Michael Grochala May 27, 2003 Consideration of Resolution No. 03 -77 Approving Amendment to Stoneybrook Development Contract Simple Majority The City Council approved the preliminary plat of Stoneybrook on August 26, 2002 and the Development Contract for Phase I on October 14, 2002. The approved Phasing Plan incorporated in the Development Contract stipulated that a maximum of 52 lots could be final platted in 2002 and remaining lots in 2003. In accordance with the contract Tollefeson Development, Inc., the Developer, is requesting and amendment to the contract to incorporate Phase II development and allow for public improvements to be constructed on the remainder of the development. A final plat encompassing the entire 103 lot subdivision currently be reviewed by staff. It is anticipated that this will be brought forward for council approval at the June 9, City Council meeting. The changes to the contract relate specifically to the increase in dollar amounts required for the Letter of Credits to cover developer improvement costs, cost to be assessed and cash escrows outlined in Attachment A and B of the contract. Tollefeson Development, Inc., has reviewed the contract and is aware of the conditions setforth. RECOMMENDATION: Staff recommends approval of the Development Contract. ATTACHMENTS 1. Resolution No. 03 -77 2. Development Contract. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -77 RESOLUTION APPROVING AMENDMENT TO STONEYBROOK DEVELOPMENT CONTRACT WHEREAS, The City Council approved the preliminary plat of Stoneybrook on August 26, 2002, and WHEREAS, the City Council approved the Development Contract for Phase I of Stoneybrook on October 14, 2002 (Resolution No. 146), and WHEREAS, in accordance with the approved Phasing Plan the Agreement provides for a maximum of 52 lots to be final platted in 2002 and remaining Tots to be final platted in 2003, and WHEREAS, the Developer, Tollefson Development, Inc., is requesting an amendment to the agreement to include phase II development, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the amendment of the Development Contract with Tollefeson Development, Inc., for Stoneybrook and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 27th day of May, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor