HomeMy WebLinkAbout06/09/2003 Council Packet•
WORK SESSION AGENDA
CITY OF LINO LAKES
Wednesday
June 4, 2003
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. 2002 Audit Report, Darwin Viker, LAW
2. Application for COPS in Schools Grant, Dave Pecchia
3. Keller Variance, 6206 Red Maple Lane, Michael Grochala
4. Lino Lakes Sportatorium, Bill Fogarty, Michael Grochala, Mary Alice Divine
5. Business Subsidy Requirements, Michael Grochala, Mary Alice Divine
• 6. TIF District 1 -10, Lakes Business Park, Michael Grochala, Mary Alice Divine
7. Drainage Issues at 6514 White Oak Lane
8. Regular Agenda Items
9. Adjourn
Revised 06/02/03 ajb 3:59 p.m.
•
PAGE 1
•
AGENDA
CITY OF LINO LAKES
Monday,
June 9, 2003
Council Chambers
City Council meeting
7:30 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) June 9, 2003 (Check No. 68231 through 68323 in the amount of
$156,733.88).
•
ii) Centennial Fire District (Check No. 13809 through 13821 in the
amount of $1,862.12).
B) Consider Application for Block Party on Linden Lane
2. Open Mike
3. Finance Department Report, Al Rolek
A) 2002 Audit Report, Darwin Viker, LAW
4. Administration Department Report, Dan Tesch
A) SuperTarget Fireworks Permit Application, Ann Blair
5. Public Safety Department Report, Dave Pecchia
A) Consider Application for COPS in Schools Grant
6. Public Services Department Report, Rick DeGardner
AGENDA
• A) Consideration of Resolution 03 -78, Approving Trail Easement Purchase
For Birch Park Trail, Rick DeGardner
•
•
7. Community Development Department Report, Michael Grochala
A) Consider Second Reading of Ordinance No. 15 -03, Approving Vacation of
a portion of Pinto Lane, Jeff Smyser.
B) Consideration of Resolution No. 03 -61, Approving Variance Rebecca
Keller, 6206 Red Maple Lane, Michael Grochala (Report to follow on
Friday)
Consideration of Resolution No. 03 -85, Approving Final Plat of
Stoneybrook, Michael Grochala (Report to follow on Friday)
D) Consideration of Resolution No. 03 -80, Approving Site Performance
Agreement, Russian Baptist Church, Michael Grochala
E) Consideration of Resolution No. 03 -84, Call for Public Hearing, Revision
of Business Subsidy Criteria, Mary Divine
F) Consideration of Resolution No. 03 -81, Approving Plans and
Specifications, Authorizing Advertisement for Bids, Twilight Acres Water
Main Extension, Jim Studenski
Consideration of Resolution No. 03 -82, Accepting Quotes and Awarding
Project, Ditch and Pond Cleaning Restoration Project, Jim Studenski
H) Consideration of Resolution No. 03 -83, Authorizing Preparation of Plans
and Specifications, 2003 Surface Water Management Project, Jim
Studenski
I) Elm Street Improvement Project, Jim Studenski
i. Consideration of Resolution No. 03 -87, Declaring Costs to be
Assessed, Elm Street Reconstruction Project (Report to follow on
Friday)
ii. Consideration of Resolution No. 03 -88, Call for Hearing on
Proposed Assessments (Report to follow on Friday)
J) Consideration of Resolution No. 03 -90, Accepting a Perpetual Easement
for Conservation, Holte Pond Wetland Bank, Jim Studenski (Report to
follow on Friday)
•
•
•
AGENDA
8. Unfinished Business
A) Approval of minutes of May 7, 2003 Council Work Session
B) Approval of minutes of May 12, 2003 City Council Meeting
9. New Business
A) Approval of minutes of May 21, 2003 Council Work Session
B) Approval of minutes of May 27, 2003 City Council Meeting
10. Community Calendar, June 10, 2003 through June 23, 2003:
A) Planning & Zoning Board Meeting, Wednesday, June 11, 2003, 6:30 p.m.
B) Council Work Session, Wednesday, June 18, 2003, 5:30 p.m.
C) City Council Meeting, Monday, June 23, 2003, 6:30 p.m.
11. Adjourn
Revised 06/04/03 ajb 10:30 a.m.
•
EXPENDITURES
JUNE 9, 2003
•
•
Date: 05/29/2003 Time: 10:33:28 City of Lino Lakes
FM Entry - Invoice Journal
ees:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 3198 - 3198
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
000073 MCCARTHY, KELLY ANN 1 358.20 358.20 .00 .00
000095 ADVANCED GRAPHIX, INC. 1 181.05 181.05 .00 .00
000110 A T & T WIRELESS 1 49.00 49.00 .00 .00
000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 176.20 176.20 .00 .00
000265 NASH SALES, INC. 1 100.00 100.00 .00 .00
000329 ROLEK, ALAN 1 1,695.87 1,695.87 .00 .00
000349 MINNEAPOLIS, CITY OF 1 288.00 288.00 .00 .00
000420 ANOKA COUNTY 1 313.70 313.70 .00 .00
000493 ASSET RECOVERY CORPORATION 1 2,178.00 2,178.00 .00 .00
000526 SHADE TREE CONSTRUCTION 1 500.00 500.00 .00 .00
.8 QWEST 1 36.20 36.20 .00 .00
000539 TARGET 1 11.98 11.98 .00 .00
000869 EAGLECREST, NW 9 4,500.00 4,500.00 .00 .00
001110 CIRCLE PINES, CITY OF 1 2,841.28 2,841.28 .00 .00
001223 CROSS NURSERIES, INC. 1 2,525.21 2,525.21 .00 .00
001298 DEGARDNER, RICK 1 27.36 27.36 .00 .00
001859 HOME DEPOT 1 55.90 55.90 .00 .00
002000 INTL UNION OF OPER ENGR 1 420.00 420.00 .00 .00
002200 KUSTOM SIGNALS, INC. 1 1,932.00 1,932.00 .00 .00
002310 LEAGUE OF MINNESOTA CITIES 1 40.00 40.00 .00 .00
002478 AGIA 1 75.00 75.00 .00 .00
002487 ROGER L. BOTHWELL AND MARYLIN E. BOTHWEL 1 89,032.67 89,032.67 .00 .00
•
Date: 05/29/2003 Time: 10:33:28 City of Lino Lakes
FM Entry - Invoice Journal
Name
Operator: JAL Page: 2
Discount
# of items Net Gross Discount Lost
002488 SAUER, MARY 1 28.00 28.00 .00 .00
002492 TETRA TECH EM, INC. 1 700.00 700.00 .00 .00
002553 MERCURY WASTE SOLUTIONS, INC. 1 250.02 250.02 .00 .00
002650 MIDWEST RADAR & EQUIPMENT, INC. 1 42.00 42.00 .00 .00
002743 BCA /FORENSIC SCIENCE LABORATORY 1 50.00 50.00 .00 .00
003050 MRPA 1 150.00 150.00 .00 .00
003091 MINN NCPERS GROUP LIFE INSURANCE 1 400.00 400.00 .00 .00
003250 XCEL ENERGY 1 132.12 132.12 .00 .00
003810 ROSS, CLIFFORD 1 150.25 150.25 .00 .00
003820 ROSS, TIMOTHY 1 45.00 45.00 .00 .00
004240 STREICHER'S, INC. 2 462.99 462.99 .00 .00
004874 YOUNG, BRANDON 1 45.00 45.00 .00 .00
900066 AVALON HOMES 1 500.00 500.00 .00 .00
900145 MORNING SUN HOMES, INC. 1 500.00 500.00 .00 .00
Grand Totals: 45 110,793.00 110,793.00 .00 .00*
•
Date: 06/03/2003 Time: 08:19:49 City of Lino Lakes
FM Entry - Invoice Journal
es
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 3202 - 3202
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
000020 A & L SUPERIOR SOD CO, INC. 1 109.26 109.26 .00 .00
000035 AUTOMATIC SYSTEMS COMPANY, INC. 1 240.53 240.53 .00 .00
000100 AID ELECTRIC SERVICE, INC. 1 121.11 121.11 .00 .00
000110 A T & T WIRELESS 1 915.45 915.45 .00 .00
000157 ALL SEASONS RENTAL, INC. 1 97.85 97.85 .00 .00
000177 MAIN FLORAL LTD, INC. 1 44.28 44.28 .00 .00
000210 AMERICAN FASTENER & SUPPLY, INC. 1 224.33 224.33 .00 .00
000227 DELL MARKETING L.P. 1 2,780.74 2,780.74 .00 .00
000295 HARRIS COMPANIES, INC. 1 505.00 505.00 .00 .00
000303 INSTRUMENTAL RESEARCH, INC. 1 85.00 85.00 .00 .00
1105 BALLOON SHOP, THE 1 386.91 386.91 .00 .00
000352 WEBBER RECREATIONAL DESIGN, INC. 1 1,961.73 1,961.73 .00 .00
000370 CENTRAL COMMUINICATIONS 2 446.57 446.57 .00 .00
000522 INTERSTATE BATTERIES, INC. 1 63.85 63.85 .00 .00
000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 192.34 192.34 .00 .00
000724 BLUE TOW SERVICE, INC. 1 140.00 140.00 .00 .00
000770 BOYER TRUCKS, INC. 1 25.72 25.72 .00 .00
000880 BRYAN ROCK PRODUCTS, INC. 1 611.69 611.69 .00 .00
000946 C. P. OFFICE PRODUCTS 5 350.89 350.89 .00 .00
001000 CATCO PARTS, INC. 1 25.26 25.26 .00 .00
001001 PLYMOUTH, CITY OF 1 12.00 12.00 .00 .00
001100 CIRCLE PINES POST OFFICE 1 431.55 431.55 .00 .00
•
Date: 06/03/2003 Time: 08:19:50 City of Lino Lakes
FM Entry - Invoice Journal
or #
Name
Operator: JAL Page: 2
Discount
# of items Net Gross Discount Lost
001115 CHICILO HOMES, INC. 1 500.00 500.00 .00 .00
001247 CROWN TROPHY, INC. 1 793.43 793.43 .00 .00
001270 DALCO, INC. 1 379.33 379.33 .00 .00
001287 MAD DOG CONSTRUCTION, INC. 1 2,990.52 2,990.52 .00 .00
001293 DARE AMERICA MERCHANDISE, INC. 1 730.59 730.59 .00 .00
001390 ECM PUBLISHERS, INC 1 39.30 39.30 .00 .00
001396 INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, 1 8,623.79 8,623.79 .00 .00
001473 FAIRVIEW LAKES REGIONAL MEDICAL CENTER 1 58.00 58.00 .00 .00
001520 FLANAGAN SALES, INC. 1 5,600.84 5,600.84 .00 .00
001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 154.43 154.43 .00 .00
001700 GOVERNMENT TRAIN SERVICE 1 250.00 250.00 .00 .00
001982 US LINK 1 1,699.59 1,699.59 .00 .00
002375 LORENZ BUS SERVICE, INC. 1 672.00 672.00 .00 .00
002493 FIRST STATE TIRE RECYCLING 1 356.00 356.00 .00 .00
002512 MUNICIPAL /COMMERCIAL SEWER SERVICE 1 715.00 715.00 .00 .00
3 NORTHERN POWER PRODUCTS, INC. 1 17.34 17.34 .00 .00
002515 SCHMIDT, ROBERTA 1 84.00 84.00 .00 .00
002516 TEE'S PLUS 1 377.36 377.36 .00 .00
002550 MENARDS, INC. 1 47.93 47.93 .00 .00
002584 METRO SALES INCORPORATED 1 247.00 247.00 .00 .00
002900 MN. DEPARTMENT OF SAFETY 1 16.50 16.50 .00 .00
003271 NORTHERN TOOL & EQUIPMENT CO., INC. 4 187.16 187.16 .00 - .00
003370 NYSTROM PUBLISHING COMPANY, INC. 1 5,080.96 5,080.96 .00 .00
003474 PAYNE, TIM 1 45.23 45.23 .00 .00
003512 PIONEER RIM & WHEEL COMPANY, INC. 1 138.07 138.07 .00 .00
003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00
003900 SAFETY KLEEN CORPORATION, INC. 4 320.60 320.60 .00 .00
•
Date: 06/03/2003 Time: 08:19:51 City of Lino Lakes
FM Entry - Invoice Journal
Name
Operator: JAL Page: 3
Discount
# of items Net Gross Discount Lost
004240 STREICHER'S, INC. 2 484.41 484.41 .00 .00
004340 T.A. SCHIFSKY AND SONS, INC. 2 150.71 150.71 .00 .00
004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 500.75 500.75 .00 .00
004485 TRIARCO ARTS /CRAFTS INC. 1 25.51 25.51 .00 .00
004530 TURF SUPPLIES, INC. 1 3,973.78 3,973.78 .00 .00
004840 WINNICK SUPPLY, INC. 1 202.60 202.60 .00 .00
900145 MORNING SUN HOMES, INC. 1 500.00 500.00 .00 .00
900591 CORPORATE EXPRESS, INC. 1 151.14 151.14 .00 .00
Grand Totals: 71 45,940.88 45,940.88 .00 .00*
•
•
Date: 06/03/2003 Time: 08:24:07
Ranges:
Options:
Operator: JAL
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Fund:
Dept Id:
Program:
Vendor #:
Invoice #:
Schedule Journal #:
Bank #:
Cash #:
Payroll Check Dates:
(A)
(A)
(A)
(A)
(A)
(R)
(A)
(A)
(A)
Print: D
Report Format: 1
# of copies: 1
Total By Account: Y
Check # Vendor Alpha Name
68232
68234
68237
0
0
68242
68244
68250
0
0
68252
68260
0
.61
3199 3204
Sort: D
Print Ranges /Options: Y
Process Payroll: N
Page on Sort: N
Description
Dept Amount
ADVANCED GRAPHIX, INC.
AMERICAN FAMILY LIFE A
AVALON HOMES
BLUE TOW SERVICE, INC.
CHICILO HOMES, INC.
EAGLECREST, NW
INTL UNION OF OPER ENG
MINN NCPERS GROUP LIFE
MN. DEPARTMENT OF SAFE
MORNING SUN HOMES, INC
MORNING SUN HOMES, INC
SAUER, MARY
SCHMIDT, ROBERTA
SHADE TREE CONSTRUCTIO
68253 MRPA
O CROWN TROPHY, INC.
68253 MRPA
KITS FOR CYCLE
PAYROLL WITHHOLDING
REIMB BLDG ESCROW /674 HI
TOW /'02 FORD RANGER
REIMS BLDG ESCROW /1435 S
REIMS BLDG ESCROW /664 OA
PAYROLL WITHHOLDING
PAYROLL WITHHOLDING
LICENSE TABS /1971 OLDS
REIMS BLDG ESCROW /677 HI
REIMS BLDG ESCROW /661 HI
REIMBURSE PROGRAM REC
REIMBURSE PROGRAM REC
REIMB BLDG ESCROW /653 HI
Total for Dept **
WORKSHOP /6
Total for Dept 205
BASEBALL MEDALS
WORKSHOP /6
Total for Dept 207
0 MAIN FLORAL LTD, INC. FRESH FLOWERS
0 NYSTROM PUBLISHING COM NEWSLETTER
O TIMESAVER OFF -SITE SEC MAY 7
Total for Dept
* * * * * * ** 181.05
* * * * * * ** 176.20
* * * * * * ** 500.00
* * * * * * ** 140.00
* * * * * * ** 500.00
* * * * * * ** 4,500.00
420.00
* * * * * * ** 400.00
* * * * * * ** 16.50
* * * * * * ** 500.00
* * * * * * ** 500.00
* * * * * * ** 28.00
* * * * * * ** 84.00
* * * * * * ** 500.00
8,445.75*
SPECIAL 100.00
100.00*
YOUTH IN 793.43
YOUTH IN 50.00
843.43*
MAYOR /CO 44.28
MAYOR /CO 5,080.96
MAYOR /CO 289.75
401 5,414.99*
0 A T & T WIRELESS MONTHLY SERVICE /MAY
Total for Dept 402
O A T & T WIRELESS MONTHLY SERVICE /MAY
Total for Dept 406
ADMINIST 28.15
28.15*
SENIORS 94.42
94.42*
68246 LEAGUE OF MINNESOTA CI REGISTRATION /PAULA S & D FINANCE 20.00
68257 ROLEK, ALAN GFOA CONFERENCE FINANCE 1,695.87
•
Date: 06/03/2003 Time: 08:24:07 Operator: JAL
•
Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description
Dept
Amount
Total for Dept 407
0 A T & T WIRELESS MONTHLY SERVICE /MAY
Total for Dept 415
ECONOMIC
0 GOVERNMENT TRAIN SERVI WORKSHOP /JEFF S & MIKE G PLANNING
0 TIMESAVER OFF -SITE SEC MAY 14 PLANNING
Total for Dept 416
0 GOVERNMENT TRAIN SERVI WORKSHOP /JEFF S & MIKE G Communit
Total for Dept 418
68231
68233
0
68238
0
0
0
0
68246
0
68247
0
68249
68251
0
58
11159
0
0
68262
0
68266
0
0
0
0
0
0
0
A T & T WIRELESS
AGIA
BALLOON SHOP, THE
BCA /FORENSIC SCIENCE L
C. P. OFFICE PRODUCTS
CENTRAL COMMUINICATION
DARE AMERICA MERCHANDI
FAIRVIEW LAKES REGIONA
LEAGUE OF MINNESOTA CI
LORENZ BUS SERVICE, IN
MCCARTHY, KELLY ANN
METRO SALES INCORPORAT
MIDWEST RADAR & EQUIPM
MINNEAPOLIS, CITY OF
PLYMOUTH, CITY OF
ROSS, CLIFFORD
ROSS, TIMOTHY
SHRED -IT, INC.
STREICHER'S, INC.
STREICHER'S, INC.
TEE'S PLUS
YOUNG, BRANDON
A & L SUPERIOR SOD CO,
A T & T WIRELESS
BRYAN ROCK PRODUCTS, I
MAD DOG CONSTRUCTION,
& EQUIPM
AND SONS
NORTHERN TOOL
T.A. SCHIFSKY
US LINK
MONTHLY SERVICE /MAY
CONFERENCE /JIM C
DARE SUPPLIES
TRAINING /BILL H
OFFICE SUPPLIES
MONTHLY CHARGE /APRIL
DARE SUPPLIES
DRUG SCREEN
REGISTRATION /PAULA S &
BUS
TUITION REIMBURSEMENT
OVERAGE MAY - AUGUST
TUNING FORK
QUERY CHARGES MAY -DEC
TRAINING /RENEE K
UNIFORM SUPPLIES /REIMBUR
REIMBURSE POST LICENSE
DESTROY CONFIDENTIAL MAT
FUSE
UNIFORM SUPPLIES
JERSEYS
REIMBURSE POST LICENSE
Total for Dept 420
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
D POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
SOD
MONTHLY SERVICE /MAY
CL5
ROCK
CELL HOLSTER /SHARPENER
ASPHALT
MONTHLY SERVICE /MAY
Total for Dept 430
O AMERICAN FASTENER & SU PARTS /SUPPLIES
O BOYER TRUCKS, INC. ELEMENT
O CATCO PARTS, INC. LAMP
O ECM PUBLISHERS, INC ADVERTISING
O EMERGENCY AUTOMOTIVE T SPEAKER
•
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
FLEET
FLEET
FLEET
FLEET
FLEET
1,715.87*
27.61
27.61*
125.00
211.00
336.00*
125.00
125.00*
49.00
75.00
386.91
50.00
153.86
446.57
730.59
58.00
20.00
672.00
358.20
247.00
42.00
288.00
12.00
150.25
45.00
54.95
123.43
462.99
377.36
45.00
4,848.11*
109.26
36.11
611.69
2,990.52
24.45
150.71
125.92
4,048.66*
224.33
25.72
25.26
39.30
154.43
Date: 06/03/2003
Time: 08:24:07 Operator: JAL
Page: 3
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description
O INTERSTATE BATTERIES, SUPPLIES
0 NORTHERN POWER PRODUCT FUEL JET COCK
0 NORTHERN TOOL & EQUIPM FERRULES & STOPS /REFLECT
O PIONEER RIM & WHEEL CO MAGNET /SHOE LINING KITS
0 WINNICK SUPPLY, INC. WRENCH /HOOKS
Total for Dept 431
0
68239
0
0
0
0
68245
0
0
0
0
68239
68240
68241
0
68243
0
0
0
•
C. P. OFFICE PRODUCTS OFFICE SUPPLIES
CIRCLE PINES, CITY OF
CORPORATE EXPRESS, INC
DALCO, INC.
DELL MARKETING L.P.
INSTITUTE FOR ENVIRONM
KUSTOM SIGNALS, INC.
STREICHER'S, INC.
US LINK
MONTHLY SERVICE /APRIL
OFFICE SUPPLIES
JANITORIAL SUPPLIES
COMPUTER SYSTEMS /2
PROFESSIONAL SERVICE /4 -1
ANTENNA /CABLE /BOXING /FOR
STROBE
MONTHLY SERVICE /MAY
Total for Dept 432
A T & T WIRELESS
ALL SEASONS RENTAL, IN
CIRCLE PINES, CITY OF
CROSS NURSERIES, INC.
DEGARDNER, RICK
HARRIS COMPANIES, INC.
HOME DEPOT
MENARDS, INC.
TURF SUPPLIES, INC.
US LINK
O A T & T WIRELESS
O TRIARCO ARTS /CRAFTS
MONTHLY SERVICE /MAY
SAND MIX
MONTHLY SERVICE /APRIL
SHRUBS /TREES
MILEAGE
TESTING
RAIL /POST /WIRE /CAP
SUPPLIES
MAINTENANCE SUPPLIES
MONTHLY SERVICE /MAY
Total for Dept 450
Dept
FLEET
FLEET
FLEET
FLEET
FLEET
Amount
GOVERNME
GOVERNME
GOVERNME
GOVERNME
GOVERNME
GOVERNME
GOVERNME
GOVERNME
GOVERNME
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
MONTHLY SERVICE /MAY RECREATI
IN GLITTER /ROLLERS RECREATI
Total for Dept 451
68264 TETRA TECH EM, INC. CONSULTING SERVICE ENVIRONM
Total for Dept 461
68236 ASSET RECOVERY CORPORA RECYCLING DAY
O FIRST STATE TIRE RECYC RECYCLING DAY
68248 MERCURY WASTE SOLUTION RECYCLING DAY
68254 NASH SALES, INC. RECYCLING DAY
0 SAFETY KLEEN CORPORATI RECYCLE USED OIL
68263 TARGET RECYCLING DAY
Total for Dept 462
0 A T & T WIRELESS
0 AID ELECTRIC SERVICE,
O AUTOMATIC SYSTEMS COMP
68267 M CIRCLE PINES POST OFFI
0 HARRIS COMPANIES, INC.
•
MONTHLY SERVICE /MAY
FUSES
SERVICE /CLEARWATER CREEK
UTILITY BILLING
TESTING
SOLID WA
SOLID WA
SOLID WA
SOLID WA
SOLID WA
SOLID WA
WATER
WATER
WATER
WATER
WATER
63.85
17.34
162.71
138.07
202.60
1,053.61*
197.03
2,671.70
151.14
379.33
2,780.74
8,623.79
1,932.00
360.98
1,225.05
18,321.76*
299.90
97.85
169.58
2,525.21
27.36
252.50
55.90
47.93
3,973.78
147.87
7,597.88*
242.46
25.51
267.97*
700.00
700.00*
2,178.00
356.00
250.02
100.00
320.60
11.98
3,216.60*
186.80
121.11
240.53
215.77
252.50
Date: 06/03/2003 Time: 08:24:07 Operator: JAL
•
Page: 4
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
0
0
0
0
68255
0
68265
Description
Dept
Amount
INSTRUMENTAL RESEARCH,
MINNESOTA PIPE & EQUIP
MUNICIPAL /COMMERCIAL S
PAYNE, TIM
QWEST
US LINK
XCEL ENERGY
WATER SAMPLES
PAINT
JET /189 APPALOOSA
REIMBURSE PROPANE SUPPLI
MONTHLY SERVICE /MAY
MONTHLY SERVICE /MAY
MONTHLY SERVICE /APRIL
Total for Dept 494
68267 M CIRCLE PINES POST OFFI UTILITY BILLING
Total for Dept 495
WATER
WATER
WATER
WATER
WATER
WATER
WATER
SEWER
68235 ANOKA COUNTY STATE DEED TAX /BOTHWELL OTHER
0 FLANAGAN SALES, INC. HIGHLAND MEADOWS PARK /SU OTHER
68256 ROGER L. BOTHWELL AND PROPERTY CLOSING OTHER
0 WEBBER RECREATIONAL DE LOCKOUTS /MVP GOALSETTER OTHER
Total for Dept 499
•
85.00
192.34
715.00
45.23
36.20
200.75
132.12
2,423.35*
215.78
215.78*
313.70
5,600.84
89,032.67
1,961.73
96,908.94*
Grand Total 156,733.88*
Centennial Fire District
Check Register
6/3/2003
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE CHECK# NAME
6/3/2003 13809
6/3/2003 13810
6/3/2003 13811
6/3/2003 13812
6/3/2003 13813
6/3/2003 13814
6/3/2003 13815
6/3/2003 13816
6/3/2003 13817
6/3/2003 13818
6/3/2003 13819
6/3/2003 13820
6/3/2003 13821
•
•
Arthur Mohler
Aspen Mills
Cascade Fire Equipment Company
Centennial Utilities
Diversified Texturing & Engraving
Emergency Medical Products, Inc.
Kevin Stewart
McLeod USA
Metrocall
Milo Bennett
Verizon Wireless
Stacy's Specialty Stitching
Image Printing & Graphics
ACCOUNT
42280 - Miscellaneous Expense
42120 - Uniform Expense
42130 - Equipment Expense
42251 - Station 1 - Gas
42130 - Equipment Expense
42260 - Medical Supplies
42230 - Cleaning Supplies
42240 - Telephone
42240 - Telephone
42000 - Vehicle Maintenance
42240 - Telephone
45600 - Donated Items Expense
45010 - Safety Camp Expense
Total
AMOUNT
23.54
88.45
43.75
139.06
517.00
192.74
14.30
352.12
69.90
207.64
133.61
23.00
57.01
$1,862.12
AGENDA ITEM 1B
STAFF ORIGINATOR: Jean Viger, Deputy Clerk
DATE: June 9, 2003
TOPIC: Consider Application for a Block Party on Linden Lane
VOTE REQUIRED: Simple Majority (3/5 Vote)
BACKGROUND:
Attached to this agenda item is a request to hold a block party in the cul -de -sac on Linden
Lane. The party will be held on June 21, 2003 starting at 5:00 p.m. and ending at 9:00
p.m. Also attached is a map showing the location of the proposed party and the signed
petition from property owners living in the cul -de -sac acknowledging they have been
notified of the party. These property owners are indicated by the slant marks on the map.
If you have specific questions, you may call Jean Dehmer at the phone number on the
application.
The Police Department and the Streets Division of the Public Services Department have
been informed and have no apparent concerns. Public Works will provide barricades.
OPTIONS:
1. Approve application for the block party.
2. Deny Application
3. Return to staff for further information.
RECOMMENDATION:
Option No.1
•
05/19/2003 17:08 FAX
DATE // Z-00
ffk..J,-
BLOCK ran ArrucAnoN
CITY OF LINO LAXE8
[fool
The following application is herewith submitted to the City of Lino
Lakes, Minnesota, as a request to hold a block party on the public
right --of -way.
NU -0F APPLICANT 1 JiA vt 6 s3 Loth -( 4kes sfviv
HONE TELEPHONE N0. : , 51- Yv s-- 0 Ti Sr
WORX TELEPHONE go. :
LOCATION OF BLOCX PANTY (Street name & location, intersection to
intersection)
,L
e. --t do 5-ac bloc
PURPOSE or PARTY : Try . h�.•'SF�'.�►'d ✓ .c�ts•L•
DATE AND HOURS OF PARTY:
(N
2/E 2.ov 3 5-.'0o mil = Cc)1
t 10 exceed 10:00 P.M.)
IT IS HEREBY AGREED:
The applicants agree to abide by all rules set forth below,
together with all ordinances and regulations which may be imposed
governing such activities.
1. Petition. All residents living on the street or block in
which the activity is planned, must sign on the last page of
this application indicating they consent or do not object to
the block party.
2. Derricades. Applicants shall be responsible for placement,
maintenance and removal of barricades to be provided by the
City in proper locations, such barricades to be left by the
city on one corner of the block. Barricades shall be placed
at either end of the street in which the block party is to
take place.
PAGE -1-
05/19/2003 17:08 FAX
•
•
•
T3002
ky hmy rriasaTIUN (Coaatinued1
3. Traffic. The total roadway portion of the right-of-way shall
not be blocked; at least a 10 foot aisle shall be kept open at
all time to permit passage of vehicles of residents of the
block and emergency or other authorized or necessary vehicles
to enter or exit.
4. surface q Street. No materials of any type (such as powder,
sawdust, etc.) shall be placed on the public right -of -way
which will create a hazard.
•
5. enoery $i91. Applicants shall maintain adult supervision at
all times during the activity.
6. Cl -up. Applicants shall provide trash receptacles to
prevent as much littering as possible. Applicants shall be
responsible for the pick -up or disposal of trash and garbage
following the event. Such clean -up shall be completed within
24 hours after termination of the activity, but in no event
later than midnight the following day of the block party.
7. Speaa. No loud speaker system shall produce sounds audible
outside the areas designated for the block party:
PAGE -2-
05/19/2003 17:09 FAX
PB?ITION
(Roaidets Conset .na)
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A
MEMORANDUM
TO: Public Safety, P.D. /Public Services, Streets
FROM: Jean Viger, Deputy Clerk
DATE: May 20, 2003
RE: Block Party
The city received an application from Jean Dehmer, 534 Linden Lane,
requesting approval for the neighborhood to hold a block party on Saturday, June
21, 2003. The request will be presented to city council for approval at the June 9,
2003 council meeting. If you have questions, please call Jean at the number on the
• application.
I have also attached a copy of a map showing the location of the proposed
party. If you have any concerns, please list them below and I will forward to the
City Council. If no concerns, please sign and return to me as soon as possible.
Thank you.
CONCERNS
David Pecc i i , Chief of Police
Tom DeWolfe, Streets Superintendent
•
MEMORANDUM
TO: Public Safety, P.D./Public Services, Streets
FROM: Jean Viger, Deputy Clerk
DATE: May 20, 2003
RE: Block Party
The city received an application from Jean Dehmer, 534 Linden Lane,
requesting approval for the neighborhood to hold a block party on Saturday, June
21, 2003. The request will be presented to city council for approval at the June 9,
2003 council meeting. If you have questions, please call Jean at the number on the
application.
I have also attached a copy of a map showing the location of the proposed
party. If you have any concerns, please list them below and I will forward to the
City Council. If no concerns, please sign and return to me as soon as possible.
Thank you.
CONCERNS
David Pecchia, Chief of Police T . m DeWolfe, reets Superintendent
•
•
•
AGENDA ITEM 3A
STAFF ORIGINATOR AI Rolek
MEETING DATE June 9, 2003
TOPIC Accept 2002 Audit Report
VOTE REQUIRED Simple Majority (3/5)
BACKGROUND
Darwin Viker of Larson, Allen, Weishair & Company will be in attendance at the meeting to
provide a brief overview of the City's financial statements and to answer any questions you may
have with regard to the financial condition of the City.
The 2002 annual audit was undertaken by the City's auditors, Larson, Allen, Weishair &
Company, LLP, earlier this year, with field work being completed in late March. The auditors
review all financial transactions and the financial reports of the City over the previous year for their
fairness in presentation and for full disclosure of all material aspects of the City's financial
condition. This review is conducted in accordance with generally accepted auditing standards and
the standards applicable to financial audits contained in U.S. Government Auditing Standards,
issued by the Comptroller General of the United States. The auditors concluded that the City's
financial statements for 2002 presented fairly, in all material respects, the financial position of the
City as of December 31, 2002. The auditors also issue their reports on the City's legal
compliance with certain laws, regulations, contracts, etc., our internal control structure, and
management issues.
It should be noted that the City has received the Certificate of Achievement for Excellence in
Financial Reporting from the Government Finance Officers Association of the United States and
Canada for its 2001 Comprehensive Annual Financial Report. We believe that the report issued
for 2002 continues to uphold the standards of reporting excellence that this prestigious award
represents.
Following the presentation by Mr. Viker, staff recommends that the City Council formally, by
motion, accept the 2002 Annual Audit Report.
OPTIONS
1) Approve a motion accepting the 2002 Annual Audit Report.
2) Return the report to staff for further review.
RECOMMENDATION
Option 1.
•
AGENDA ITEM 4A
STAFF ORIGINATOR: Ann J. Blair, City Clerk
MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -89, Approving New Fireworks
Permit for SuperTarget Store
VOTE REQUIRED: Simple Majority
BACKGROUND:
Attached is a resolution approving an application for a Fireworks Permit submitted by
SuperTarget. As you may be aware, this is a new permit; SuperTarget was not previously
aware that the City had an Ordinance in place in regard to sale of fireworks within the City.
Prior to recommencing sale of legal fireworks products, Council approval of a fireworks
permit is required, under City Ordinance No. 06 -02.
The Lino Lakes Police Department conducted a background investigation relevant to this
business and found no problems, nor any reason to deny the application. A copy of the
report is attached.
In accordance with Lino Lakes City Ordinance No. 06 -02, City Code, Section 1002.10,
Concerning Sale, Possession and Use of Consumer Fireworks, this business meets the
qualifications for a Fireworks Permit. Sale of fireworks is also regulated by state statute,
and new legislation was enacted just last week which has a bearing upon this application.
Sale of fireworks is further regulated by National Fire Protection Association (NFPA)
Standards; in this case, NFPA Standard 1124 applies.
In order to address two provisions of the newly enacted legislation (which is already in
effect) which are not consistent with Ordinance No. 06 -02, Staff has agreed to reduce the
amount of the fees and to reduce the amount of liability insurance required. The applicant
agrees with this approach. Therefore, the annual permit fee in this case will be $100, and
the amount of liability insurance will be $300,000.00.
The remaining provisions of City Ordinance No. 06 -02, which are not inconsistent with
new legislation, remain in full force and effect. The applicant is required to check photo
identification of purchasers, as sales to persons under age 18 is prohibited. An annual
police background investigation fee of $150 (individual) or $350 (corporate) will then
apply for renewals, and annual compliance checks will be required.
The applicant is fully aware license approval is subject to all the fees, provisions and
conditions of the laws of the city, state and of the federal government.
OPTIONS:
• 1. Approve Resolution No. 03 -89 for Fireworks Permit for SuperTarget.
2. Deny Resolution No. 03 -89 for Fireworks Permit for SuperTarget.
RECOMMENDATION:
Option 1.
•
•
CITY OF LINO LAKES
RESOLUTION NO. 03-89
APPROVING ANNUAL FIREWORKS PERMIT FOR SUPERTARGET
WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled
meeting on June 9, 2003, and;
WHEREAS, the Lino Lakes City Council discussed approval of an annual permit for the
sale of fireworks at SuperTarget, and;
WHEREAS, the City of Lino Lakes has conducted an investigation of the applicants,
and;
WHEREAS, SuperTarget is in compliance with City Ordinance No. 06 -02 Concerning
Sale, Possession, and Use of Consumer Fireworks, and;
WHEREAS, SuperTarget appears to take into consideration the best interest of the City
of Lino Lakes, and;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino
Lakes hereby approves the annual permit for the sale of fireworks for SuperTarget,
subject to all the fees, provisions and conditions of the laws of the city, state and of the
federal government.
Adopted by the Lino Lakes City Council this day of , 2003.
ATTEST:
Ann J. Blair, City Clerk
John Bergeson, Mayor
•
•
Memo
Lino Lakes Police Department
To Ann Blair, City Clerk
Frone Renee Kaulfuss, Office Manager
Date: June 3, 2003
Ree Super Target — Fireworks License
A record check was performed on the license application for Super Target. The following individuals,
John Kram, Robert Polster and John Shabelski are all clear, no criminal record on file.
If you have any questions, please feel free to give me a call.
•
•
AGENDA ITEM 5A
STAFF ORIGINATOR David J. Pecchia, Public Safety Director
Chief of Police
DATE June 9, 2003
TOPIC Apply for the COPS in Schools Grant
VOTES REQUIRED: Simple Majority
I I
(BACKGROUND
I I
The Lino Lakes Police Department is requesting approval from the
City Council to apply for a HCOPS in Schools Grant" to enter into
a partnership with the Forest Lake School District, specifically
in Lino Lakes Elementary School. The school is located in the
City of Lino Lakes. The purpose of the grant is to work toward
making Lino Lakes Elementary one of the safest schools in the
nation. Both parties agree to foster positive interaction
between school staff, police department employees and the
children we serve. The Community Policing Philosophy strategies
we hope to employ are: Training School Safety Patrol Crossing
Guards; School Security Program; Present lessons on respect,
responsibility, good decisions, and problem solving; Child
Protection Program; Implementation of the Forest Lake Area Youth
Service Bureau into Lino Lakes Elementary; Attend various school
functions; Safety Camp; Traffic Safety Issues; Taking police
reports of crimes on school property; Public Relations with
students (eat lunch and attend recess with students); Promote
Responsible Behavior; Be a Positive Role Model; and Member of the
Lino Lakes Police Department Active Shooter Response Team.
The amount of the grant request is $125,000 over a three year
period. The grant would be funded by the formula as outlined in
the grant application.
I I
OPTIONS
I i
1. Approve request to submit application for the COPS in
School Grant.
2. Deny
(RECOMMENDATION
i I
1. Approve request
•
AGENDA ITEM NO. 6A
STAFF ORIGINATOR: Rick DeGardner, Public Services Director
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Consideration of Resolution 03 -78, Approving
Trail Easement Purchase for Birch Park Trail
VOTE REQUIRED: Simple Majority
BACKGROUND:
With the recent completion of the Birch Park Trail project that consists of
approximately 315' of timber boardwalk, and a timber staircase including planters
and concrete pavers, there is one final action item for consideration.
Attached is an easement agreement between Ms. Vivian Whitcomb and the City
of Lino Lakes. The easement grant agreement provides a permanent easement
for public trail purposes over the land where the boardwalk is located. This
perpetual easement is 10' in width and was surveyed by E.G. Rud and Sons,
Inc. The City of Lino Lakes agrees to compensate Ms. Whitcomb in the amount
of $3,000.00.
Resolution 03 -78 authorizes staff to distribute Park Dedication Funds in the
amount of $3,000.00 to Ms. Whitcomb and also authorizes the City Attorney to
record the easement.
OPTIONS:
1. Approve Resolution 03 -78.
2. Do not approve Resolution 03 -78.
3. Return to staff for further review.
RECOMMENDATION:
Option 1.
•
LINO LAKES CITY COUNCIL
RESOLUTION 03 -78
APPROVING TRAIL EASEMENT PURCHASE FOR BIRCH PARK TRAIL
WHEREAS, Birch Park has been designated to serve as the neighborhood park
for residents in the developments of Trapper's Crossing, Gemini Estates,
Peregrine Pass, and Royal Pines; and
WHEREAS, The Birch Park Trail project consisting of approximately 315' of
timber boardwalk, and a timber staircase including planters and concrete pavers
was recently completed; and
WHEREAS, An easement grant agreement between Ms. Vivian Whitcomb and
the City of Lino Lakes has been negotiated successfully; and
WHEREAS, The easement grant agreement provides a permanent easement for
public trail purposes over the land where the boardwalk is located; and
• WHEREAS, The City of Lino Lakes agrees to compensate Ms. Whitcomb in the
amount of $3,000.00.
NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes
staff to distribute Park Dedication Funds in the amount of $3,000.00 to Ms.
Whitcomb and also authorizes the City Attorney to record the easement.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
• FASFMEI'1T GRANT
•
THIS EASEMENT, made this .�j day of 1-t' , 2003, by Vivian
M. Whitcomb, as Trustee, Susan Steward, as Co-T ustee, and Wells Fargo Bank,
N.A., as Co- Trustee, of the Vivian M. Whitcomb Trust Agreement dated August 24,
1990, Grantors, to the City of Lino Lakes, a municipal corporation, Grantee, County of
Anoka, State of Minnesota.
WITNESSETH, that Vivian M. Whitcomb, as Trustee, Susan Steward, as Co-
Trustee, and Wells Fargo Bank, N.A., as Co- Trustee, of the Vivian M. Whitcomb Trust
Agreement dated August 24, 1990, for value received do hereby dedicate to the City
of Lino Lakes a permanent easement for public trail purposes over the land located
within the City of Lino Lakes, County of Anoka, State of Minnesota, described as
follows:
A perpetual easement 10 feet in width for public trail
purposes over, under, and across part of the East Half of
the Southwest Quarter of the Southeast Quarter of Section
28, Township 31, Range 22, Anoka County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the northeast corner of said
Southwest Quarter of the Southeast Quarter; thence
South 00 degrees 07 minutes 57 seconds East
(assumed bearing) along the east line of said
Southwest Quarter of the Southeast Quarter a
distance of 170.04 feet; thence South 89 degrees
49 minutes 26 seconds West a distance of 272.96
feet; thence South 21 degrees 48 minutes 56
seconds West a distance of 223.24 feet; thence
North 89 degrees 49 minutes 21 seconds East and
parallel with the north Tine of said Southwest Quarter
of the Southeast Quarter a distance of 330.59 feet
to the point of beginning of the centerline to be
described; thence South 00 degrees 01 minute 26
seconds East a distance of 139.42 feet; thence
South 63 degrees 19 minutes 08 seconds East a
distance of 13.08 feet to the westerly line of the
recorded plat of TRAPPERS CROSSING and said
centerline terminating.
4110 State Deed Tax Due: None
•
•
•
IN WITNESS WHEREOF, Vivian M. Whitcomb, as Trustee of the Vivian M.
Whitcomb Trust Agreement dated August 24, 1990, Susan Steward, as Co- Trustee of
the Vivian M. Whitcomb Trust Agreement dated August 24, 1990, and Wells Fargo
Bank, N.A., as Co- Trustee of the Vivian M. Whitcomb Trust Agreement dated August
24, 1990, has caused these presents to be executed or have set her hand the day
and year first above written.
\ `� dAilta4lh
IN PRESENCE OF: ),;:fe i ► '
Vivian M. Whitcomb, Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2003, before me, a notary public
within and for said County, personally appeared Vivian M. Whitcomb, as Trustee of
the Vivian M. Whitcomb Trust Agreement dated August 24, 1990, to me known to be
the person described in and who executed the foregoing instrument and executed the
same as their free act and deed.
STATE OF MINNESOTA
) ss.
COUNTY OF ANOKA
4r1;itA'i, *Ltit-
NoVry y Public
c, 1
Susan Steward, Co- Trustee
On this day of r% \ , 2003, before me, a notary public
within and for said County, pers naiiy appeared Susan M. Steward as Co- Trustee of
the Vivian M. Whitcomb Trust Agreement dated August 24, 1990, to me known to be
the person described in and who executed the foregoing instrument and executed the
same as their free act and deed.
41A--
tary Public
Its. NNIT /�s.
Wells Fargo Bank, N.A., Co- Trustee
STATE OF MINNESOTA
ss.
COUNTY OF ANOKA )
Its:
Wells Fargo Bank, N.A., Co- Trustee
On this 9TH day of MAY , 2003, before me, a notary public
within and for said County, personally appeared ERIK ERIKSTRUP and
the ASSISTANT VICE PRESIDENT and
MARY P . BARRETT of Wells Fargo Bank, N.A. as Co- Trustee of the Vivian M.
Whitcomb Trust Agreement dated August 24, 1990, to me known to be the persons
described in and who executed the foregoing instrument and executed the same as
their free act and • - - '
DONNA JEAN OSTHUS
NOTARY PUBLIC - MINNESOTA
My Comassia Expires Jan. 31, 2005
Notary Pub!' DONNA JEAN OSTHUS
NOTICE IS HEREBY GIVEN that the City of Lino Lakes, County of Anoka, State of
• Minnesota, has accepted on , 2003, the above described easement in
this document.
Dated:
(SEAL)
, 2003 CITY OF LINO LAKES
This instrument was drafted by:
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
•
By
Clerk
•
•
AGENDA ITEM 7 A
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: June 9, 2003
TOPIC: Second Reading: 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.
The first reading of this ordinance was approved May 27. After approval of the second
reading, it will be published June 17 and become effective 30 days later, in accordance
with the city charter.
OPTIONS
1. Approve the second reading of Ordinance 15 -03, vacating a portion of the Pinto Lane
right of way.
2. Return to staff with direction.
RECOMMENDATION
Option 1
• 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 5 Addition and there terminating.
see attached "Easement Exhibit"
•
•
EASEMENT EXHIBIT
For: c e4Ttrt? PAM DMELOPMENt,INC. 1
Northerly lino of BEHM'S CENTURY FARM 5114 ADDITION
N07"20'42 "E
76.65
DESCRIPTION
a �
O"
W
hN�
MUSTANG LANE
oVTLOT C
e+ ry
v `
4
That port of Pinto Lane dedicated in BEHM'S CENTURY FARM 5TH ADDITION. Anoka County.
Minnesota, occording to the recorded plat on file in the office of the county recorder. which
lies easterly of a line commencing at the southwest comer 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; sold curve having o radius of 330.00 feet and o
delta angle of 15 degrees 49 minutes 12 seconds, to the westerly line of said Pinto Lone;
thence northerly along sold westerly line of Pinto Lone to the northerly line of BEHM•S
CENTURY FARM 5TH ADDITION and there terminating.
NOTES
• Denotes iron monument found
O . Denotes iron monument set
s
1
1
I hereby certify that this survey, pion or report was prepared
by me or under my direct supervision and that 1 om a duly
license • sury or under the aws of the state of Minnesota.
Dat h r do o 4 s • 2003
�r
By; Y:�.,0 i4 IL 1131 .'
Ronald —P. Alwin, Land Surveyor
Minnesota License No. 17765
METRO LAND SURVEYING a PNOIIJEERT NG •
412 EAST COUNTY ROAD D
LrTTLE CANADA, MINNESOTA 55117
R>31. (f 711012 FAX 7 6-06a D A u iurveyeta.etrole.eom
Job No, 912.001 Scale' T-30*
Driven by, Ctty tlul? t A
1
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AGENDA ITEM 7D
STAFF ORIGINATOR: Tanda Gretz
C.C. MEETING DATE: June 9, 2003
TOPIC: Consideration of Resolution No. 03 -80:
Approving Russian Baptist Church
Site Improvement Performance Agreement
Pastor Paul Ozerkov
VOTE REQUIRED: Simple Majority
BACKGROUND
The City Council has approved the Site and Building Plans and Conditional Use Permit for
the Russian Baptist Church, with conditions, per Resolution No. 02 -82 on September 23,
2002.
In accordance with the Site and Building Plan approvals, staff has prepared a Site
Improvement Performance Agreement. The agreement provides for the following:
1. Submittal by the developer of a Letter of Credit representing thirty-five (35) percent
of the site improvement costs to insure completion of the project in accordance with
the approved plans.
2. Deposit of a cash escrow to reimburse the City for costs incurred by the city related to
the development and improvement of the site and developer improvements.
The developer has reviewed the agreement and is aware of the conditions set forth.
RECOMMENDATION
Staff is recommending approval of Resolution No. 03 -80 approving the Site Improvement
Performance Agreement.
ATTACHMENTS
• 1. Resolution No. 03 -80
2. Site Improvement Performance Agreement
•
•
CITY OF LINO LAKES
RESOLUTION NO. 03-80
RESOLUTION APPROVING THE RUSSIAN BAPTIST
CHURCH PERFORMANCE AGREEMENT
WHEREAS, the Site Building Plan Review and Conditional Use Permit for the Russian
Baptist Church was approved with Resolution No. 02 -82 by the City Council on
September 23, 2002, and
WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan
approval provide for the execution of a performance agreement to insure satisfactory
completion of the improvements,
NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the
Site Improvement Performance Agreement with Russian Baptist Church and authorizes
the Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
ATTEST:
Ann Blair, City Clerk
John J. Bergeson, Mayor
CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this _ day of , 2003, is by and between the
City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and Russian Baptist Church, whose address is 5 Ash Street, Lino Lakes, hereinafter
referred to as the "Developer ".
WHEREAS, the Developer has received approval, with conditions, of the Site Development
Plans, hereinafter called the "Plans," by the City Council of the City on the 23`d day of September,
2002, by Resolution No. 02 -82 (Exhibit A) and in accordance with the Plans, all of which are made
a part hereof by reference. In consideration of such approval, the Developer, its successors and
assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid
approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property")
described as follows:
(Exhibit B)
NOW, THEREFORE, in consideration of the mutual promises of the parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
THE WORK
Developer's Work
The Work shall consist of the improvements described in the approved Plans, to include any
approved subsequent amendments, and shall be in compliance with all applicable statutes, codes
and ordinances of the City. The Work includes all on -site exterior amenities as shown on the
06/03/03 1 RussianBaptistDevelpAgreement
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approved Plans and as required by the plan approval, such as, but not limited to: landscaping,
private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants,
curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, site
grading, and erosion control measures.
COST ESTIMATES
The Developer shall provide the City with a written estimate of all applicable costs of the
Work, itemized by type; the estimates shall be based upon the actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City
shall establish the actual amount of the financial guarantee.
Cost of Developer's Improvements, and description are as follows:
Description of Improvements Estimated Costs
1. Lighting $ 5,800.00
2. Fences /Screen Structures $ 2,100.00
3. Trash Disposal Enclosures $ 1,500.00
4. Curbing/Islands/Delineators $ 2,600.00
5. Storm Drainage System/ Sewers/ Catch
Basins /Culverts /Swales $ 7,300.00
6. Driveway /Curbcut/Parking Lot/Fire Lane
Construction $ 42,000.00
7. Watermains/Hydrants /Sanitary Sewers $ 8,000.00
8. Landscaping $ 13,800.00
9. Site Grading $ 3,500.00
10. Erosion Control $ 800.00
Total Estimated Cost of Developer
Improvements $ 87,400.00
Security Requirement (Total x .35) $ 30,590.00
06/03/03 2 RussianBaptistDevelpAgreement
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COMPLETION DATE
The activities authorized by site and building plan approval shall be initiated within six (6)
months. If such activity is not completed within eighteen (18) months, the site approval shall no
longer be in effect, and re- application and approval of site and building plans shall be required
unless an extension is granted by the City.
GUARANTEE
1. Faithful Performance of Construction Contracts and Letters of Credit. The
Developer will fully and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Developer's improvements
and hereby guarantees the workmanship and materials for a period of one year following the City's
final acceptance of the Developer's improvements. Concurrently with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35 %) percent of the
total estimated cost of Developer's improvements. An Irrevocable Letter of Credit shall be for the
exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the terms and conditions of this Site
Improvement Performance Agreement and construction of all required improvements in accordance
with the ordinances and specifications of the City. The City reserves the right to draw, in whole or
in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms
and conditions of this Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by
not later than thirty (30) days prior to its expiration with a like letter.
2. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter
of Credit, or cash deposit based on prepayment or the value of the completed
06/03/03 3 RussianBaptistDevelpAgreement
•
improvements at the time of the requested reduction. The amount of reduction will
be determined by the City Engineer.
3.
REIMBURSEMENT OF COSTS
The Developer agrees to establish a noninterest bearing escrow account with the City in an
amount established by the City Engineer or his designee for the payment of all costs incurred by the
City related to the development and improvement of the site and Developer improvements,
including, but not limited to, the following:
1. Site Plan Review (Application Processing, Review) $ 2,396.66
2. Administration (Planning, Engineering, Legal, etc.) $1,500.00
• Total Estimated (Budget) Costs for Escrow Account $3,896.66
•
If the above escrow amounts are insufficient, the Developer shall make such additional
deposits as required by the City. The City shall have a right to reimburse itself from the Escrow.
REMEDIES FOR BREACH
The City shall give prior notice to the Developer of any default hereunder before proceeding
to enforce such financial guarantee or before the City undertakes any work for which the City will
be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the
Developer has not notified the City in writing of its intention to cure the default within 10 days
thereafter, the City will proceed with the remedy it deems appropriate.
At any time after the completion date and any extensions thereof, if any of the work is
deemed incomplete, the City may proceed in any one or more of the following ways to enforce the
06/03/03 4 RussianBaptistDevelpAgreement
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undertakings herein set forth, and to collect any and all expenses incurred by the City in connection
therewith, including, but not limited to, engineering, legal, planning and litigation costs and
expense. The enumeration of the remedies hereunder shall be in addition to any other remedies
available to the City.
1. Specific Performance. The City may, in writing, direct the Developer to cause the
Work to be undertaken and completed within a specified reasonable time. If the Developer fails to
cause the Work to be done and completed in a manner and time acceptable to the City, the City
may proceed to bring an action for specific performance to require work to be undertaken.
2. Completion by the City. The City, after notice, may enter the premises and proceed
to have the Work done either by contract, by day labor or by regular City forces. The Developer
may not question the manner of doing such work or the letting of any such contracts for the doing
of any such work. Upon completion of such work, the Developer shall promptly pay the City the
full cost thereof as aforesaid.
3. • Deposit of Financial Guarantee. In the event the financial guarantee has been
submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal
to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein,.
The money shall be deemed to be held by the City for the purpose of reimbursing the City for any
costs incurred in completing the Work as hereinafter specified. Any funds remaining after
completion of the project shall be returned to the Developer.
OCCUPATION OF PREMISES
The Developer agrees that it will not cause to be occupied any portion of the building or
improvements to be constructed upon the premises until completion of the building and site
06/03/03 5 RussianBaptistDevelpAgreement
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improvements as more fully described in the approved plans and following issuance of a Certificate
of Occupancy.
INSURANCE
Developer or all its subcontractors shall take out and maintain until one (1) year after the
City has accepted the private improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out of
the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed
by any of them. 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; or a combination single limit policy of One Million and no /100
($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as
an additional insured on the policy, and the Developer or all its subcontractors shall file with the
City a certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten (10) days advance written notice of the cancellation of the
insurance. The certificate may not contain any disclaimer for failure to give the required notice.
REIMBURSEMENT OF COSTS FOR DEFENSE
The Developer agrees to reimburse the City for all costs incurred by the City in defense of
enforcement of this Agreement, or any portion thereof, including court costs and reasonable
engineering and attorneys' fees if the City prevails in such action.
• VALIDITY
If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is
06/03/03 6 RussianBaptistDevelpAgreement
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for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
or void any of the other provisions of the Site Improvement Performance Agreement.
GENERAL
A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to
the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be
binding upon all future owners of all or any part of the Property and shall be deemed covenants
running with the land.
B. Notices. Whenever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to this Agreement to or on the other party, such notice or
demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore
set forth on Page 1 by certified mail (retum receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the mail in accordance with
the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice
given as above.
C. Incorporation by Reference. All plans, special provisions, proposals, specifications
and contracts for the improvements furnished and let pursuant to this Agreement shall be and
hereby are made a part of this Agreement by reference as fully as if set out herein in full.
VIOLATIONS/BUILDING PERMITS
In the event that Developer violates any of the covenants and agreements contained in this
Site Improvement Performance Agreement and to be performed by the Developer, the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to issue building
06/03/03 7 RussianBaptistDevelpAgreement
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permits to any property within the development and/or stop building construction within the
development until such time as such default has been corrected to the satisfaction of the City.
06/03/03 8 RussianBaptistDevelpAgreement
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DEVELOPER CITY OF LINO LAKES
By
Developer Mayor
AI PEST:
By
Clerk
06/03/03 9 RussianBaptistDevelpAgreement
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STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
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
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 20, before me, a Notary Public within and
for said County, personally appeared (Developer), to me known to
be the , of , a corporation under the laws of the
State of Minnesota, and that they/he executed the foregoing instrument and acknowledged that
they/he executed the same on behalf of said corporation.
Notary Public
This instrument was drafted by:
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka, MN 55303
06/03/03 10 RussianBaptistDevelpAgreement
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AGENDA ITEM 7E
STAFF ORIGINATOR: Mary Alice Divine
DATE: 06/09/03
TOPIC: Resolution No.03 -84 calling for a Public Hearing,
Revision of Business Subsidy Criteria
BACKGROUND:
In 1999 the Minnesota State Legislature enacted a Business Subsidy Law that
required grantors of business subsidies to adopt criteria for awarding business
subsidies that comply with the state law. Both the City Council and the Economic
Development Authority (EDA) have the authority to award business subsidies,
and both adopted criteria in 1999.
In 2000 the State Legislature revised the Business Subsidy Law, but delayed the
effective date of the changes until 2003.
The 1999 law required that criteria had to include provisions for wage and job
goals that 1) stated the number of jobs to be created and 2) wage goals for the
jobs created. A major change in the law now allows the grantor to set the number
of new jobs at zero if the grantor, after a public hearing, determines that job
creation is not the intent of the subsidy.
Among other changes are the following:
• Wage levels have to be specific, either in dollar amount or by reference to an
index.
• Criteria cannot be set on a case by case basis.
New criteria are now needed to reflect the legislative changes. The attached
resolution calls for a public hearing to consider the City Council's revised criteria
on June 23, 2003.
RECOMMENDATION:
Adopt Resolution No. 03 -84 calling for a public hearing.
• CITY OF LINO LAKES
•
•
RESOLUTION NO. 03 -84
RESOLUTION CALLING FOR A PUBLIC HEARING TO REVISE CITY
COUNCIL BUSINESS SUBSIDY CRITERIA
WHEREAS, the Lino Lakes City Council intends to revise its Business
Subsidy Criteria pursuant to Minnesota Statute 116J.993 -994 to bring it into
compliance with State Statute;
WHEREAS, Minnesota Statute, 116J.994, Subd. 2 requires that the Grantor
of a business subsidy (the city council of the city of Lino Lakes) hold a public
hearing before revising its business subsidy criteria;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino
Lakes, Minnesota as follows:
1. The city clerk- treasurer is authorized and directed to prepare a notice for
publication in the official newspaper setting a public hearing before the city
council to consider this matter on Monday, June 23, 2003 at 6:30 p.m. in
the council chambers at city hall. The notice shall be published in the
newspaper at least 10 but not more than 30 days prior to the public hearing.
2. The city staff and consultants are authorized and directed to take any and all
other actions necessary to bring this matter before the city council at the time
of the public hearing.
Dated: June 9, 2003
John Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
•
AGENDA ITEM 7F
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -81, Approving Plans and Specifications and
Authorizing Advertisement for Bids for the Twilight Acres
Watermain Improvement Project
VOTE REQUIRED: Simple Majority
BACKGROUND:
The plans and specifications for the watermain extension portion of this project
were ordered by the City Council on May 12, 2003. Preparation of the plans is
substantially complete. City staff has prepared the plans and specifications for
this work and is requesting Council approval to advertise for bids. The project
schedule is as follows:
June 9, 2003 Approve Plans and Authorize Advertisement for Bids
July 7, 2003 Open Bids
• July 14, 2003 Consider Award of Contract
November 2003 Substantial Completion of Construction
The City will fund this project with trunk funds and all costs will be recovered
through connection charges upon resident connection requests.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 03 -81, approving plans and specifications and
authorizing advertisement for bids for Twilight Acres Watermain Improvement
Project.
3. Not adopt Resolution Number 03 -81.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution No. 03 -81 be adopted.
•
•
•
•
CITY OF LINO LAKES
RESOLUTION NO. 03-81
RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS — TWILIGHT ACRES
WATERMAIN IMPROVEMENT PROJECT
WHEREAS, the City Engineer has prepared plans and specifications for the
Twilight Acres Watermain Improvement project, and has presented such plans
and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made
part hereof, are hereby approved.
2. The City clerk shall prepare and cause to be inserted in the official paper and
in the Construction Bulletin an advertisement for bids for the making of such
improvement under such approved plans and specifications. The
advertisement shall be published for 3 weeks, shall specify the work to be
done, shall state that bids will be received by the Clerk until 10:00 a.m. on
Monday, July 7, 2003, at which time they will be publicly opened in the City
Hall by the City Clerk and Engineer, will then be tabulated, and will be
considered by the Council at 6:30 p.m. on Monday, July 14, 2003, in the
Council Chambers of the City Hall. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to
address the Council on the issue of responsibility. No bids will be considered
unless sealed and filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to the Clerk for five (5)
percent of the amount of such bid.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
ATTEST:
Ann J. Blair, City Clerk
John J. Bergeson, Mayor
•
•
AGENDA ITEM 7G
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -82, Receive Quotes and Award Contract, Ditch /Pond
Cleaning Restoration Project
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
Quotes were received and publicly opened on June 3, 2003. The results of the quotes
are presented below. City Council action is required to award a contract to the lowest
responsible bidder.
Contractor Amount of Bid
irnfi CqnstO forfeqin pan 1240 00
.�
4CCleRC� Bid
y Y L.Y . �i { yse ,s t9 r.. �,
_ehbeir>~ E ca ating x } � $ � o> id
ontrai
filler In
Engineer's Estimate
Attached is a copy of the submitted quote.
$18,700.00
This project will perform the necessary restoration work as part of the Surface Water
Management Projects. Additional excavation quantities did not allow for the restoration
to be completed as part of the original project. The funding for this work is provided by
the Surface Water Management Fund. This fund was established in 1992 as a revenue
source in order to meet the "administrative, planning, ponding, mitigation, and water
quality needs" of the City. It is reimbursed through assessments to new subdivisions
and is also collected as property owners connect to City utilities.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 03 -82, accepting quotes and awarding a contract to Arnt
Construction Eonpany, for the Ditch /Pond Cleaning Restoration project.
3. Not adopt Resolution No. 03 -82.
RECOMMENDATION:
Option No. 2 - Staff recommends adoption of Resolution Number 03 -82.
•
•
•
CITY OF LINO LAKES
RESOLUTION NO. 03-82
RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT — DITCH /POND
CLEANING RESTORATION PROJECT.
WHEREAS, pursuant to a request for quotes for the construction of the Ditch /Pond project,
Quotes were received, opened and tabulated according to law, and the following quotes were
received complying with the request:
Contractor Amount of Bid
Amt Construction Company $17,240.00
C.W. Houle, Inc. No Bid
Glen Rehbein Excavating No Bid
Ro -So Contracting, Inc. No Bid
W.B. Miller, Inc. No Bid
AND WHEREAS, it appears that Amt Construction Cc pan is the lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Mt
Cot structionwCompany, in the name of the City of Lino Lakes for the Ditch /Pond Cleaning
Restoration according to the plans and specifications approved by the City Council and on
file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted by the Lino Lakes City Council this 9th day of June 2003.
Ann J. Blair, City Clerk
John J. Bergeson, Mayor
QUOTATION FORM
DITCH/POND CLEANING RESTORATION
CITY OF LINO LAKES, MINNESOTA
SUBMITTAL DEADUNE: 4:30 PM, JUNE 3, 2003
COMPLETION DATE: JULY 3. 2003
RECEIVED
JUN 0 3 2003
CITY OF LINO LAKES
ITEM
NO.
ITEM
CITY HALL PONDS
UNIT
QUANTITY
UNIT PRICE
TOTAL AMOUNT
1
RESTORATION - SEED MIXTURE 60BNVOOD FIBER
SY
300
2
TOP SOIL
CY
40
TOTAL - CITY HALL PONDS
NORTH DITCH - COUNTRY LAKES ESTATES
1
RESTORATION - SEED MIXTURE 60B/WOOD FIBER
SY
500
6
2
SODDING
SY
50Q
3
TOP SOIL
CY
40
TOTAL - NORTH DITCH
Sao
7a
SOUTH DITCH - RESHANAU LAKE ESTATES
1
RESTORATION - SEED MIXTURE 60BNVOOD FIBER
SY
300
2
TOP SOIL
CY
40
/e d'
TOTAL - SOUTH DITCH
eta
PONDS - BRANDYWOOD ESTATES
1
2
RESTORATION - SEED MIXTURE 60B/WOOD FIBER
SODDING
TOP SOIL
TOTAL -PONDS
NOTE: EACH AREA MUST BE COMPLETED WITHIN
ONE WEEK OF STARTING THE WORK.
SY
SY
CY
MAIL OR FAX TO:
JAMES E. STUDENSKI
CITY OF LINO LAKES
600 TOWN CENTER PARKWAY
LINO LAKES, MINNESOTA 55104 -1182
TEL 651/982 -2430
FAX: 651/982 -2499
FIRM NAME
SIGNATURE
SIGNED BY
TITLE
ADDRESS OF BIDDER
200
200
60
TOTAL BID
fUs c�i�ov S �I
//'PiSw ao.
/11,1.) S.5 -03$
•
•
•
AGENDA ITEM 7H
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -83, Authorizing Preparation of Plans and Specifications, 2003
Surface Water Management project
VOTE REQUIRED: Simple Majority
BACKGROUND:
After storm water ponds and drainage ways are constructed, they require periodic maintenance
to ensure their effectiveness. Trappers Crossing, Millers South Glen, Pineridge, Pheasant Hills,
and several resident lot issues have been identified as areas for maintenance in 2003. Sites for
maintenance in 2003 will be further defined in the plans and specifications.
The maintenance activity required at these sites is more extensive than what is typically
undertaken by Public Works staff. They have been combined into one project in order to
minimize mobilization costs. If, after we begin preparation of the construction documents,
discover the cost of a specific maintenance activity far outweighs the benefit, we may
recommend reductions in the project scope.
The funding for this work is provided by the Surface Water Management Fund. This fund was
established in 1992 as a revenue source in order to meet the "administrative, planning,
ponding, mitigation, and water quality needs" of the City. It is reimbursed through assessments
to new subdivisions and is also collected as property owners connect to City utilities.
The schedule for this project is as follows:
City Council Authorizes Plans and Specifications
City Council Approves Plans and Specifications
City Council Authorizes Ad for Bids
City Council Awards Contract
Construction Begins
June 9, 2003
July, 2003
July, 2003
August, 2003
August/September, 2003
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 03 -83 authorizing preparation of plans and specifications for the
2003 Surface Water Management project.
3. Not adopt Resolution No. 03 -83.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 03 -83 be adopted.
•
•
•
CITY OF LINO LAKES
RESOLUTION NO. 03 -83
RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS -
2003 SURFACE WATER MANAGEMENT PROJECT
WHEREAS, it is proposed to perform maintenance activities on several storm water facilities,
and
WHEREAS, it is proposed to finance the project using Stormwater Management Funds, and
WHEREAS, it is proposed to advertise for bids to construct the proposed improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. The City Engineer, James E. Stundenski, is hereby designated as the engineer for this
improvement. The engineer shall prepare plans and specifications for the making of
such improvement.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
Ann J. Blair, City Clerk
John J. Bergeson, Mayor
WEEKLY REPORT
LINO LAKES ADMINISTRATIVE REPORT
6 June 2003
MEETING CALENDAR
Monday
9 June J 7:30 p.m.
City' Council
Wednesday 1' 11 June }; 6:30 D.M. Planning and Zoning Board
Note time change to Monday's Meeting
Mayor and Council
Deputy City Clerk Jean Viger has distributed to each of you information about the annual
LMC conference to be held in St. Cloud from June 18 to 20. Please contact Jean at 982-
2402 to have her register you and make room reservations.
Administration
Follow up items for the council meeting agenda are attached:
Community Development
TKDA report is attached.
Public Safety
Regarding funding from Forest Lake School District to assist with officer's salary if the
city obtains a COPS In School grant: the principal of Lino Lakes Elementary spoke with
the district superintendent who said they would be willing to "cooperate" with the city.
This cooperation was not specifically defined but the principal's interpretation is the
district would be willing to contribute "a couple thousand dollars." As you may recall,
the difference between the grant and officer salary the first year is about $7,000.
Public Services
Nothing to report
Don't forget to clean out your mailbox each time you stop at city hall.
S: \Weekly Update 2003 \060603.doc
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
MEMORANDUM
To:
Copies To:
From:
Date:
James E. Studenski, P.E.
Scott A. Brink, P.E.
June 6, 2003
Following is the weekly update through the above date:
ITEM
1 Elm Street Street and Utilities
(Sunset Road to
Gray Heron Dr.)
DESCRIPTION STATUS
1500 Piper Jaffrey Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292-4400
(651) 292 -0083 Fax
www.tkda.com
Reference: General Items
City of Lino Lakes, Minnesota
Comm. No. 12701 -001
Routing:
ACTION /OTHER
Bids Opened June 3.
Public Assessment
Hearing Scheduled for
July 14.
Easements being acquired.
2 62nd Street Street and Utilities
(Ware Road to
Red Maple Lane)
3 Twilight Acres Sanitary Sewer and
Water Construction
Staff to review design
options with City
Council.
Watermain Plans and
Specs to City Council
06/09/03.
Staff reviewing MUSA and utilities. Staff
receiving input from residents regarding
construction options.
Draft Plans and Specs ( Watermain)
submitted to Staff 05/30/03. Sewer
installation complete (final restoration
pending).
4 Holte Pond Stormwater Basin Awaiting approval of
Soil and Water Board
to commence work.
5 West Shadow Street and Utilities Utilities completed.
Ponds Final completion
underway.
Perpetual Easement for Conservation to City
Council for consideration on 06/09/03.
Curb and gutter installed 06/05.
6 Century Farms
North (1 -7)
Private
Development
7 21st Avenue NE Roadway
Developer Agreement
(grading only)
approved by Council
on 05/27/03.
Authorization has been
processed.
Contractor has commenced grading
activities.
Comments from Anoka County received.
Centerville preparing final design documents
for pond.
8 Stoneybrook
9 Street
Reconstruction
Projects
10 Thomas Street
(West of 4th St.)
Private
Development
Initial Project
Development
Contractor has
commenced grading
Developing Schedule
for 2003/2004.
Final Plat to City Council 06/09.
Sewer and Water
Extension
Feasibility Study
Authorized by Council
Information letter provided in City
newsletter. Referendum required. Notices to
be sent to residents.
Neighborhood meeting conducted 01/30/03.
Staff preparing report to City Council.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
City of Lino Lakes Weekly Update Page 2 June 6, 2003
ITEM
11 Holly Drive
(Birch Street to
County Road J)
12 Birch St. -
Hodgson Road
Improvements
13 Surface Water
Management
Plan
14 Ravens Hollow
DESCRIPTION
Street and Utilities
15 Ware Rd. (Birch
St. to CR J)
16 Marshan Lane
Roadway Imp.
Developer /Anoka
County
Comprehensive
Surface Water
Management Plan
Private
Development
Street Reconst. and
Utilities
Roadway
STATUS
Feasibility Report
received by City
Council on 10/28.
Draft Report to City on
03/21/03.
ACTION /OTHER
Staff to review feasibility report with City
Council.
Staff met with Anoka County on 05/14/03 to
discuss draft report.
City Council approved
NPDES submittal on
02/10/03.
Presented at P & Z
Meeting 05/14/03.
Project Complete
NPDES has been submitted to MPCA.
Revised plans submitted at Council work
session on 5/21/03.
Submit Final Estimate Report to State Aid.
17 Ware Road
Extension
Private
Development
City Attorney
reviewing options.
City Reviewing
18 2003 Surface
Water
Management
Projects
19 Eagle Brook
Church
Miscellaneous
Projects
Private
Development
20 Otter Lake Drive
21 CSAH 8/14
Improvements
Joint County /City
Project
Anoka County
Road Improvement
Authorization to
prepare plans and
specifications to City
Council 06/09.
City Council approved
negative declaration
for need for EIS on
05/12/03.
Project Complete:
Final Payment made.
City of Hugo defined
alignment on 05/12/03.
City staff met with developer to discuss
options.
City staff met with developer on 05/01/03.
City staff met with Anoka County on
05/14/03.
Staff reviewing drainage issues.
City staff to send out responses to EAW
comments.
County conducting transfer of property. City
staff met with Anoka County on 05/14/03.
Project team meeting conducted on 05/15/03.
22 Highland
Meadows Pond
Pond left
uncompleted.
Incomplete.
City is working with developer.
23 JADT
Private
Development
24 Clearwater Creek
Booster Pump
Booster Station
Dev. Agreement
approved by Council
on 10/14/02.
City Council approved
Change Order on
03/10/03.
Staff reviewing revised plans submitted
05/29/03.
Contractor working on punch list items.
25 Pheasant Hills
Pres. - 12th Add.
26 Ray Benkler Car
Wash Site
Private
Development
Private
Development
Approved by Council
12/16/02.
City staff has forwarded draft EAW
comments to developer.
Staff reviewed revised plans 05/06/03. Staff
preparing Developer Agreement.
Please direct any questions, revisions, clarification requests, etc. regarding this update to Jim Studenski (651/982-
2430) or Scott Brink at TKDA (651/726- 7904).
STAFF ORIGINATOR:
C.C. MEETING DATE:
TOPIC:
AGENDA ITEM 7B
Tanda Gretz
June 9, 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 comer 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
from 62nd Street.
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)
5.) Septic System Sketch & Information
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, South, East and West
Low Density, Unsewered
Residential
Rural
City Council
June 9, 2003
Keller Variance
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 classifies 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 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.
Individual Sewage Treatment System (ISIS)
The property is not currently serviced by public sewer and water. An ISTS inspection,
submitted by the applicant indicates that the existing system is not in compliance with
current code requirements. Such designation requires the upgrading of the system within
two years. Additionally, the expansion of the house will necessitate installation of a new
system. The applicant has had the property evaluated and submitted a proposed system
design.
The proposed location of the ISTS, as submitted, would encroach upto 20 feet into the
62nd Street right -of -way and 10 feet into the Red Maple right -of -way. The construction
of the system in the proposed location would, aside from not meeting setbacks
requirements, significantly impact the City's ability to use the public right -of -way for its
intended purpose. Therefore, an alternative site or design will need to be submitted by
the applicant.
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 to approve the proposed Variance.
Draft minutes of the meeting are attached.
2
City Council
June 9, 2003
Keller Variance
CITY COUNCIL MEETING — MAY 27, 2003
The City Council heard this application at their May 27th meeting, where they asked staff
to consult with City attorney Bill Hawkins to draft a resolution approving the variance
but with language that would protect the City from right -of -way acquisition issues in the
future.
OPINION
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. 62nd street, while not currently constructed east of Red Maple Lane, is
designated on the Lino Lakes transportation plan as a collector street, which pursuant to
the zoning ordinance requirements dictates the 40' setback.
It is staff's opinion that the provisions of the Zoning Ordinance, with regard to the
granting of a variance, have not been satisfied. The additional septic information
presented by the applicant at the May 27th meeting does not change staff's contention that
the applicant has at their disposal other design choices which would allow them to
expand the garage and home, but still comply with the ordinance: first, by reducing the
proposed expansion by 3 -1/2 feet or, two, by expanding to the rear of the lot rather that
toward 62' Street (the proposed septic tank locations are shown an undetermined
distance from the rear of the house, and the applicant would still presumably be able to
expand in that direction without impacting the siting of the septic tanks. As a result, staff
would recommend denial of the proposed variance in order to preserve full right -of -way
for 62nd Street.
However, as requested by the city council the City Attorney has provided language to be
included as a conditional of approval that should protect the City's interests if and when
62" Street is extended easterly.
Additionally, staff would recommend that any approval of the variance also be
conditioned upon the suitable placement of an Individual Sewage Treatment System
(ISTS) on the site. While the placement of the sewage system on the site is a separate
issue from the variance requested, granting of the variance and subsequent building may
further limit the available locations of the sewage treatment system. In no case should
the granting of the building setback variance be used as "hardship" for deviating from
required sewage treatment setbacks.
OPTIONS
1. Deny the proposed variance.
2. Approve the proposed variance.
3. Return to staff with direction.
3
City Council
June 9, 2003
Keller Variance
RECOMMENDATION
Option No.l.
ATTACHMENTS
1. Resolution No. 03 -61 Approving Variance
2. General Location Map
3. Site Plan
4. Building Plan
5. P & Z minutes
6. Letter from Eklin Soil Testing, dated May 19, 2003
CITY OF LINO LAKES
RESOLUTION NO. 03-61
RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED 40 -FOOT
SETBACK FROM 62r1D 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 to allow for a g.arage and
home addition to encroach 3 V2 feet into the required 40 -foot setback from 62° Street for
property located at 6206 Red Maple Lane, legally described to -wit:
Lot 1, Block 1, Colonial Woods, Anoka County, Minnesota;
and
WHEREAS, the City Council fords that the granting of the variance, subject to
conditions, is consistent with the spirit and intent of the Zoning Ordinance
NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves
the proposed Variance, as described in the attached staff report, dated June 9th, 2003 with
the following condition:
1. The applicants, their successors and assigns are hereby notified that should the
City of Lino Lakes expand 62nd Avenue by ten feet or less, the City will not pay
compensation to the property owners for severance damages due to their
encroachment in the setback area.
2. Issuance of a building permit shall be subject to review and approval of an
Individual Sewage Treatment System in conformance with City Code and
Minnesota Rules Chapter 7080.
3. Granting of the building setback variance shall not be used as "hardship" for
deviating from required sewage treatment setbacks.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
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851 Naples St. N.E.
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Existing Space
26 feet
D R I V E
WA Y
22 feet
Err #3
Proposed Space
PROPOSED SPACE
Garage and Entry/Mudroom
Oft 10 ft 16 feet
1/2 bath
Eft 12ft
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G A R A G E
24 feet
48 feet
Upper Addltlon
Bathroom
Master
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Walk-in
Closet
Family Room
32 feet
Planning & Zoning Board
May 14, 2003
Page 2
EXHIBIT #
Staff recommended this be continued to the June meeting.
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 62 "d 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 3' /z -feet, the next person who came before the Board requesting a 31/2-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 Laumever, 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
EKLIN SOIL TESTING AND INSPECTION
1986 Ridgewood Avenue
White Bear Lake, MN 55110
1-65U-429-1090
Rich & Becky Keller
6206 Red Maple Lane
Lino Lakes, MN 55014
May 19, 2003
EXHIBIT # ,5
On May 13, 2003, we made another site visit to your home at 6206 Red Male Lane,
Lino Lakes.
Two more borings were done east of your home. These borings had mottled soil at
about 10" and the soil was very wet. This would not be the area to install
a mound. You have really no option but to place the mound at the south side
of your present driveway where we had planned last August of 2002. We were not
sure of the property line at that time. Since then you have located the pins.
We did not have as much room for the mound as we had thought without going into
the right of way. of 62nd Street 20 feet and bout 10 feet into the right of way
of Red Maple Lane.
I talked to Peter Kluegel,..the City Inspector, about using some of the boulevard
for the diking. Peter thought this may be possible.
You folks will have to meet with Peter and show him the new proposed plans. The
design and tanks will all remain the same except for the diking. Attach this
new data to your August 15, 2002 soil report.
Dale Eklin
Certification No. 695
•
MPCA Certification No 0695 • Soil Borings • Percolation Tests • Site Evaluations • Designs • Inspections
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AGENDA ITEM 7C
STAFF ORIGINATOR: Michael Grochala
C.C. MEETING DATE: June 9, 2003
TOPIC: Consideration of Resolution No. 03 -85
Stoneybrook Final Plat
VOTE REQUIRED: Simple Majority
BACKGROUND
The City Council approved the Stoneybrook preliminary plat on August 26th,
2002. The Developer has submitted a final plat for approval.
The plat conforms to the approved preliminary plat. The development agreement
for the subdivision has been executed and all required securities have been
submitted.
A Title Commitment for the property, Deeds for Outiots, Association Agreement,
Conservation Easements, and temporary roadway easements have been
submittted in conformance with the conditions of preliminary plat approval. The
City Attorney has reviewed these documents and the necessary modifications
are being addressed.
RECOMMENDATION
Staff recommends approval of Resolution No. 03 -85.
ATTACHMENTS
1. Resolution No. 03 -85
2. Final Plat
CITY OF LINO LAKES
RESOLUTION NO. 03-85
RESOLUTION APPROVING THE FINAL PLAT FOR
STONEYBROOK
WHEREAS, a request has been submitted to the City for the approval of a final plat, and
WHEREAS, review and approvals of plats are governed by state statutes and City
ordinances, and
WHEREAS, the preliminary plat for Stoneybrook was approved with Resolution 02 -78
by the City Council on August 26, 2003, with conditions, and
WHEREAS, the final plat for Stoneybrook complies with City requirements and the
conditions of Resolution 02 -78 have been satisfied.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino
Lakes hereby approves the final plat for Stoneybrook.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
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AGENDA ITEM 7J
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -90, Accepting a Perpetual Easement for
Conservation, Holte Pond Wetland Bank
VOTE REQUIRED: Simple Majority
BACKGROUND:
As part of filling the Holte Pond, the Minnesota Board of Water & Soil Resources is
requiring a Perpetual Conservation Easement For Wetland Bank over the wetland
banking area located by Otter Lake Road. The easement will cover the 4.82 acres that
the City has created as a wetland banking area. The City is using this banking area for
replacement of the area being filled in at the Holte Pond location.
It is staff's recommendation to accept the Perpetual Conservation Easement For
Wetland Bank which will allow the City to use the wetland credits.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 03 -90, approving perpetual easement for
conservation.
3. Not adopt Resolution Number 03 -90.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution No. 03 -90 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 03-90
RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR
CONSERVATION — HOLTE POND WETLAND BANK
WHEREAS, the perpetual easement for conservation is required to allow the city
to use the wetland credits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. To approve the perpetual easement for conservation.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
(Above Space is Reserved for Recording Information)
PERPETUAL CONSERVATION EASEMENT
• FOR WETLAND BANK
Grantor: City of Lino Lakes
Location: within Section 24, Township 31, Range 22, County of Anoka
This Perpetual Conservation Easement for Wetland Bank ("Easement") is made on
(date) by the undersigned, hereinafter referred to collectively as the
"Grantor":
RECITALS
A. This Easement is made pursuant to and in furtherance of the Wetland Conservation Act
of 1991, as amended, Minn. Stat. § 103G.222, et. seq. ( "WCA ") and the rules implementing WCA, '
Minn. R. ch. 8420 ( "WCA Rules').
B. This Easement pertains all or part of the real property in Anoka County, Minnesota,
which is legally described on Exhibit A attached hereto and made a part hereof ( "Real Property").
C. The Real Property is the subject of a wetland bank plan pursuant to Minn. R.8420.0740.
D. The Grantors include all of the following (1) all the fee owners of the Real Property and
(2) the applicants under the bank plan if different from the fee owners. The term "Grantor" includes all
of the Grantors if there is more than one. The Grantors are jointly and severally responsible for
complying with the terms of this instrument. This Easement and the duties and restrictions contained
in it shall also run with the land.
E. WCA is administered by the State of Minnesota through its Board of Water and Soil
Resources ( "State ").
Page 1 of 6
BWSR Form: wca- bank -06 (easement).doc
Revised 2/12/03
F. The local government unit ( "LGU") charged under WCA with approval of the subject
wetland bank plan ( "bank plan ") is Rice Creek Watershed District. The subject bank plan includes all
fully executed forms provided by the State, all supporting maps, engineering plans, drawings,
monitoring plan, vegetation establishment plan and management plan and facilities maintenance plan.
A complete copy of the bank plan is on file at the LGU. The address of the LGU is: 3585 Lexington
Avenue North, Suite 330, Arden Hills, MN 55126- 8056.The State is responsible for the acceptance of
this Easement.
G. The bank plan requires the restoration or creation of a wetland on the portion of the Real
Property designated in Exhibit B attached hereto and made a part hereof ("Bank Area "). The bank plan
may also require the establishment of upland buffer within the Bank Area. This Easement pertains to
both wetlands and uplands within the Bank Area. •
H. The Bank Area is subject to WCA, WCA Rules and all other provisions of law that
apply to wetlands, except that the exemptions in Minn. Stat. §103G.2241 and Minn. R. 8420.0122 do
not apply to the Bank Area, pursuant to Minn. Stat. §103G.222, subd. 1(h) and Minn. R. 8420.0115.
I. All references in this Easement to Minnesota Statutes and to Minnesota Rules are to the
statutes and rules currently in effect and as amended or renumbered in the future.
J. The purposes of this Easement are to maintain and improve the ecological values of the
Bank Area through the means identified in the bank plan and to preserve the Bank Area in a natural
condition in perpetuity.
IN ADDITION, THE GRANTORS, FOR THEMSELVES, THEIR HEIRS, SUCCESSORSAND
ASSIGNS COVENANT THAT THEY:
1. Shall establish and maintain wetlands and upland buffers within the Bank Area as
specified in the bank plan approved by the LGU and on file at the offices of the LGU. The wetland
and any upland buffer area shall be the size and type specified in the bank plan. Grantor shall not make _
any use of the Bank Area that would adversely affect any of the functions or values of the area. Those
functions and values are identified in Minn. R. 8420.0540, subp. 10, or specified in the approved bank
plan.
2. Shall pay the costs of establishment, maintenance, repairs and reconstruction of the
wetlands and upland buffers within the Bank Area, which the LGU or the State may deem necessary to
comply with the specifications for the Bank Area in the approved bank plan. The Grantor's obligations
under this paragraph include the payment of any lawful taxes or assessments on the Real Property.
3. Shall establish and maintain visible monuments such as signs, numbered fence posts or
survey posts at prominent locations along the boundary of the Bank Area in accordance with the
approved bank plan. If numbered fence posts are used, Grantor's Bank Plan must contain a survey or
scaled drawing of the property that corresponds to the fence post numbering. Posts must be at least 4
feet high and.notably visible on the landscape. If signs are used, such signs must be have a surface area
of at least one quarter (Ya) square feet, mounted on a fence post at least 4 feet above ground, and
Page 2 of 6
BWSR Form: wca -bank 06 (easement).doc
Revised 2/12/03
minimally contain the words "Boundary of Wetland Bank Area - Subject to Perpetual Conservation
Easement Restrictions — Contact MN Board of Water and Soil Resources or Local Soil and Water
Conservation District for Further Information." Said monuments must be made of non - degradable
material and shall be at least four feet in height.
4. Grants to the LGU, the State, and the agents and employees of the LGU and the State,
reasonable access to the Bank Area for inspection, monitoring and enforcement purposes. The LGU,
the State, and the agents and employees of the State are hereby granted a perpetual ingress and egress
easement ( "Access Easement ") for access to and from the Bank Area. The Access Easement shall be
over and across the area ( "Access Area ") that is specified on Exhibit A attached hereto and made a part
hereof or, if not specified on Exhibit A, the most reasonably direct and convenient route between the
Bank Area and a public road. If all or any part of the Access Area is owned by a person or entity other
than Grantor, then the, owner has joined in this Easement for purposes of granting the Access Easement
by signing below. The signed written consent and subordination of all other holders of interests in the
Access Area has been or will be obtained by Grantor and recorded in the same manner as specified in
paragraph 5 below. This Easement grants no access to or entry to the Real Property, the Bank Area, or
the Access Area to the general public.
5. Represents that Grantor is (a) the fee owner of the Real Property and (b) the applicant
under the replacement plan or bank plan, if different from the fee owner. Grantor represents that all
other parties who may have an interest in the Real Property (e.g., mortgagees, contract for deed
vendees, holders of easements, etc.) have consented and subordinated their interests to this Easement
by signing below. If it is determined at any time that there is any other party who may have an interest
in the Real Property that is prior to this Easement, then Grantor shall immediately obtain and record a
consent and subordination agreement signed by such other party. Acceptance of this Easement does
not release Grantor from the obligation to obtain and record a consent and subordination agreement
signed by any party who may have an interest in the Real Property that is prior to this Easement, even if
such interest was of record at the time of acceptance.
6. Will record this easement at Grantor's expense in the real property records of the county
where the Real Property is located. Said recording shall take place within 30 days of the State's
acceptance of this Easement. The Grantor shall provide the original copy of the recorded easement to
the State prior to making any credits from this bank available for sale or use.
7. Acknowledge that this Easement shall be unlimited in duration, without being re-
recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn
Stat. ch. 84C.
8. Acknowledge that, unless expressly authorized in writing by the LGU in the approved
bank plan, Grantor:
(a) Shall not produce agricultural crops on the Bank Area, except that this provision does
not restrict the harvest of the seeds of native vegetation if only the seed -head is removed
in the process of harvest and does not involve the use vehicular, motorized equipment;
Shall not cut hay, mow vegetation or cut timber on the Bank Area except as allowed or
prescribed in the Bank Plan;
(b)
Page 3 of 6
BWSR Form: wca -bank 06 (easement).doc
Revised 2/12/03
(c) Shall not make any vegetative alterations on the Bank Area that do not enhance or
would degrade the ecological functions and values of the Bank Area. Vegetative
alterations shall be limited to those listed in the approved bank plan;
(d) Shall not graze livestock on the Bank Area;
(e) Shall not place any materials, substances or other objects, nor erect or construct any type •
of structure, temporary or permanent, on the Bank Area.
(1)
(g)
(h)
Shall not allow vehicular traffic on the Bank Area except for the purpose of
implementing construction or maintenance activities specifically authorized in the bank
plan.
Shall not alter the topography of the Bank Area by any means including plowing,
dredging, filling, mining or drilling.
Shall not modify the hydrology of the Bank Area in any way or by any means including
pumping, draining, ditching, diking, impounding or diverting surface or ground water
into or out of the Bank Area.
9. Acknowledge that the Grantor is responsible, at Grantor's cost, for.weed control by
complying with noxious weed control laws and emergency control of pests necessary to protect the
public health on the Bank Area.
10. Acknowledge that this Easement may be modified only by the joint written approval of
the LGU and the State. If the Bank Area has been used to mitigate wetland losses under the Federal
Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree
to the modification in writing.
11. Acknowledge that this Easement may be enforced, at law or in equity, by the LGU or
the State. The LGU and the State shall be entitled to recover an award of reasonable attorney's fees
from Grantor in any action to enforce this Easement. The right to enforce the terms of this Easement is
not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the
subject Bank Area is to be used partially or wholly to fulfill permit requirements under the Federal
Water Pollution Control Act or a federal farm program, then the provisions of this Easement that run to
the State or the LGU may also be enforced by the United States of America in a court of competent
jurisdiction.
12. Acknowledge that this Easement is not valid, nor can an account for wetland credits be
established until the Easement has been accepted by the State, the Grantor has recorded this Easement
and the State has received evidence of such recording.
Page 4 of 6
BWSR Form: wca -bank 06 (easement).doc
Revised 2/12/03
SIGNATURE OF GRANTOR
SIGNATURE OF FEE OWNER(S):
STATE OF MINNESOTA )
) ss.
COUNTY OF ) _
This instrument was acknowledged before me. this day of , by
(name(s) with marital status).
Notary Public
Notarial Stamp or Seal
SIGNATURE OF BANK APPLICANT (S),
IF Dlr.F'ERENT FROM FEE OWNER:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of
(name(s) with marital status).
Notarial Stamp or Seal
BWSR Form: wca- bank -06 (easement).doc
Revised 2/12/03
by •
Notary Public
Page 5 of 6
ACCEPTANCE
The State accepts the foregoing Easement.
MINNESOTA BOARD OF WATER AND SOIL RESOURCES:
By.
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of , by
(name of person) as (title)
of the Board of Water and Soil Resources.
Notary Public
Notarial Stamp or Seal
This instrument was drafted by the Board of Water and Soil Resources
One West Water Street, St. Paul, MN 55107
If there are additional holders of interest the subject real property CHECK HERE [ 1 and attach their
Consent and Subordination agreement [BWSR Form Number: wca- bank -03 (consent).doc].
Page 6 of 6
BWSR Form: wca-bank-06 (easement).doc
Revised 2/12/03
EXHIBIT A
Legal Description of Real Property
Lino Lakes Wetland Bank
That part of the Northeast Quarter of the Southeast Quarter of Section Twenty -four (NE '/a SE 1/4 Sec.
24), Township Thirty-one (Twp. 31) North, Range Twenty -two (Rng. 22) West, Anoka County,
Minnesota, described as commencing at the Northwest Comer of said Northeast Quarter of the
Southeast Quarter (NE 1/4 SE 1/4); thence on an assumed bearing of South 0 degrees 45 minutes 40
seconds West along the West line thereof 380 feet; thence North 89 degrees 47 minutes 03. seconds
East 520 feet to the point of beginning of the land to be described; thence South 0 degrees 45 minutes
40 seconds West 184.26 feet to the North line of the 50 foot Northern States Power Company right -of-
way as described in Book 54, Page 121; thence South 54 degrees 39 minutes 37 seconds West along
said North line 372.06 feet; thence North 74 degrees 52 minutes 58 seconds East 1148.50 feet to the
East line of said Northeast Quarter of Southeast Quarter; thence North 0 degrees 56 minutes 47
seconds East along said East line 461.50 feet to the intersection with the centerline of said Northern
States Power Company right -of -way; thence South 54 degrees 39 minutes 37 seconds West along said
centerline 623.01 feet to the intersection with a line that bears North 89 degrees 47 minutes 03 seconds
East from the point of beginning; thence South 89 degrees 47 minutes 03 seconds West 302.22 feet to
the point of beginning; except the East 33 feet thereof,
EXCEPT that part contained within a strip of land 50 feet in width running over and across the
Northeast 1/a of Southeast'/ of Section 24, Township 31, Range 22 Anoka County, Minnesota; said
strip of land being 25 feet in width on each side of a center line which crosses the above described tract
and is described as follows, to wit; Commencing at a stake on the East line of said Section, 21Y2 feet
South of the East Quarter Section comer thereof, running thence South 52 degrees, 27 minutes West
4599.2 feet to a stake on the South line of said Section, 1592.7 feet East of the Southwest corner
thereof.
That part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 31, Range 22
Anoka County, Minnesota described as commencing at the Northwest comer of said Northeast Quarter
of the Southeast Quarter; thence on an assumed bearing of South 0 degrees 45 minutes 40 seconds
West along the West line thereof 380 feet to the point of beginning of the land to be described; thence
North 89 degrees 47 minutes 03 seconds East 520 feet; thence South 0 degrees 45 minutes 40 seconds
West 184.26 feet to the North line of the 50 foot Northern States Power Company right -of -way as
described in Book 54, Page 121; thence South 54 degrees 39 minutes 37 seconds West along said
North line 372.06 feet; thence South 74 degrees 52 minutes 58 seconds West 228.02 feet to the West
line of said Northeast Quarter of Southeast Quarter; thence North 0 degrees 45 minutes 40 seconds
East along said West line to the point of beginning.
fke aril aril c5e.-
II ett,s-4.1 -to 434e.
area OWI, 4 4i 6(4ih/TS?
Section
City of Lino Lakes
Declaration of Restrictions and Convenants
for Wetland Bank
EXHIBIT "B"
(diagram of wetland bank acres)
24 T. 31 N., R. 22 W., Anoka
Map ___Z_-- of
County
Bank Area =
4.82 acres
Prepared By
Board of Water and Soil Resources
Dated:
April 22, 2003
0
660
LEGEND 1
Center of Section
Section /Quarter /Sixteenth Line