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HomeMy WebLinkAbout05/26/1998 Council PacketAGENDA AMENDED AGENDA 6:00 P.M., EDA, Bonding for Civic Complex CITY OF LINO LAKES Tuesday May 26, 1998 6:30 P.M. Call to Order and Roll Call Setting the Agenda: Are there any items to be added or deleted from the Agenda? 1. Consent Agenda A. Consideration of Minutes: 1. See Item No. 10A and Item No. 10B B. Consideration of Expenditures: 1. May 11, 1998 Manual Expenditure, Government Training ($193.90) 2. May 26, 1998 (Check Nos. 50790 - 50888, $292,838.03) 3. May 26, 1998 Supplement (Check Nos. 50889 - 50901, $2,597.04) 3. Centennial Fire District (REMOVED) 2. Open Mike A. Oath of Office, Officer Kevin Johnson 3. Finance Department Report, Mary Vaske PAGE 1 AGENDA A. Opportunity for Communities to Withdraw from 1999 - 2001 Community Development Block Grant and HOME Programs B. Consideration of Resolution No. 98 - 77, Providing Issuance and Sale of $4,310,000 G.O. Improvement Bonds, 1998A and Resolution No. 98 - 78, Providing for Issuance and Sale of $2,000,000 G. O. Improvement Bonds, 1998B 4. Building Department Report, Pete Kluegel A. Consideration of SAC Refund Letter, Pete Kluegel B. Consideration of the First Quarter Building Report 5. Community Development Report, Brian Wessel/Mary Kay Wyland A. Civic Complex Project (1) Consideration of Resolution No. 98 - 72, Accept Bids and Award Contracts for Bid Package No. 1 (2) Consideration of Contract for interior Design Services B. Consideration of Request for Rezone and Interim MUSA Reserve from Collova Builders, Property on Linda Avenue (1.) Consideration of Ordinance No. 07 - 98 to Rezone Property on Linda Avenue (2) Consideration of Resolution No. 98 - 69, Designating Interim MUSA Reserve for Property on Linda Avenue C. Consideration of a Conditional Use Permit, Lakeland National Bank, 7641 Lake Drive D. Consideration of a Variance for Charles Votel, 7306 - 24th Avenue E. Comprehensive Plan Update (Verbal) 6. Parks and Recreation Department, Rick DeGardener A. Consideration of Authorization to Seek Bids for Playground Equipment B. Consideration of Authorization to Hire Park Maintenance Position PAGE 2 AGENDA 7. City Engineer's Report, David Ahrens A. Consideration of Resolution No. 98 - 70, Receive Bids and Award Construction Contract, 1998, Sealcoat Project B. Consideration of Resolution No. 98 - 71, Approve Flashing Beacon Justification Report and Plans, Anoka County Hazard Elimination Safety Project at Main Street & Lake Drive 8. Consideration of Hiring Receptionist, Dan Tesch 9. Old Business A. Grievance Settlement, Dan Tesch B. Consideration of Costs Associated with Hoff, Barry and Kuderer Investigation, David Pecchia C. City of Shoreview Connection Charges and Joint Powers Agreement, David Pecchia 10. New Business A. Consideration of Minutes of May 11, 1998 (Council Member Lyden was absent) B. Consideration of Minutes of May 17, 1998 (Council Member Lyden was absent) C. Consideration of Resolution No. 98 - 74, Declaring That a State of Emergency Exists in the City of Lino Lakes, David Pecchia 11. Community Calendar for May 27, 1998 - June 8, 1998 A. Wednesday, May 27, 1998, 6:30 p.m., Environment Board B. Monday, June 1, 1998, 6:30 p.m., Park Board Meeting C. Wednesday, June 3, 1998, 5:30 p.m., Council Work Session D. Thursday, June 4, 1998, 7:00 a.m., Economic Development Advisory Committee (EDAC) 12. Adjourn PAGE 3 WORK SESSION AGENDA LINO LAKES CITY COUNCIL WEDNESDAY May 20, 1998 5:30 p.m. 5:00 P.M. CLOSED DOOR MEETING, George Reiling Litigation 1. Update, Friday's Tornado, Dave Pecchia 2. Update, Shoreview Joint Powers Agreement, Mary Vaske 3. Excess Fund Balance, Mary Vaske 4. Randy Schumacher Severance Agreement, Mary Vaske A. May 1 l th Manual Expenditure, Government Training 5. PDI Update, Dan Tesch 6. Staff Attendance at Council Meetings and Work Session, Dave Pecchia 7. Regular Agenda 8. Adjourn PAGE 1 AGENDA ECONOMIC DEVELOPMENT AUTHORITY TUESDAY MAY 26, 1998 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of Monday, March 9, 1998 3. Consideration of Resolution No. 98 -01 providing for the Issuance and Sale of $5,350,000 Lease Revenue Bonds 4. Consideration of Subordinaton Agreement to the Contract for Private Development between Lino Lakes EDA and Nol -Tec, Inc. (Apollo Business Park) 5. Adjourn CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES DATE: March 9, 1998 MEMBERS PRESENT: K. Sullivan, C. Lyden, J. Bergeson, A. Neal, C. Dahl MEMBERS ABSENT: None OTHERS PRESENT: B. Wessel, R. Batty, M. Divine CONSIDERATION OF MINUTES EDA Member Neal moved to approve the minutes of October 13, 1997. EDA Member Bergeson seconded the motion. Only two current members of the EDA were present at that meeting. Motion passed with Lyden, Dahl and Sullivan abstaining. CONSIDERATION OF ANNUAL APPOINTMENTS Mr. Wessel explained to the board that the EDA by -laws require the EDA elect a president, vice president, secretary, treasurer and assistant treasurer. The EDA should also appoint a new executive director to replace Randy Schumacher. EDA Member Sullivan asked if the city administrator position could be appointed to executive director, without specifically appointing Dave Pecchia, interim city administrator. Mr. Batty said yes, the position could be named so that the new city administrator would automatically assume the position. EDA Member Neal moved to appoint EDA Member Sullivan as president, EDA Member Dahl as vice- president, EDA Member Neal as Treasurer, Ms. Divine as secretary, Marilyn Anderson as assistant treasurer, and the position of city administrator as executive director. EDA Member Lyden seconded the motion. Motion passed unanimously. CONSIDERATION OF EDA OFFICIAL NEWSPAPER Mr. Wessel explained the EDA is required to publish public notices and needs to designate an official newspaper. EDA Member Bergeson moved to approve the Quad Community Press as the official newspaper. EDA member Dahl seconded the motion. Motion passed unanimously. CONSIDERATION OF OFFICIAL DEPOSITORIES Mr. Wessel explained that on occasion the EDA and the city have financial transactions and the EDA will need official depositories. EDA Member Lyden moved to approve Norwest Bank, First Bank NA, Firstar Bank, Merrill Lynch, Dain Bosworth, Juran and Moody, and Prudential Bache. EDA Member Dahl seconded the motion. Motion passed unanimously. CONSIDERATION OF CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN LINO LAKES EDA AND NOL -TEC, INC. Mr. Wessel explained that in 1996 the EDA approved a development agreement with Nol- Tec to build a 16,000 square foot facility in the Apollo Business Park. In the agreement, TIF was used to pay for 1.6 acres and all the assessments. Nol -Tec paid for the remaining 1.4 acres of the 3 -acre parcel. The agreement the city made with Nol -Tec was that TIF would be used to subsidize the remaining 1.4 acres if the company expanded. The company is now planning to double the size of its Lino Lakes facility. This decision is based, in part, on the commitment of $54,000 in additional pay -as- you -go TIF to pay for the remaining 1.4 acres. This expansion will increase the industrial tax base and provide the capacity for 25 additional high- quality jobs. This development contract between the EDA and Nol -Tec outlines the conditions for public assistance for the additional TIF. In this agreement, the city will continue to be reimbursed for assessments first from available tax increment, and Nol -Tec will be reimbursed the additional $54,000 from the remaining available tax increment. Payback on the entire project will be complete in 2004. EDA Member Bergeson asked when the original payback was to occur. Ms. Divine said it was scheduled to go on the tax rolls in 2004, the same as with the expansion. The additional increment from the expansion would pay for the additional TIF. EDA Member Bergeson moved to approve the development contract. EDA Member Lyden seconded the motion. Motion passed unanimously. CONSIDERATION OF AGREEMENT RELATING TO DEVELOPMENT CONTRACT AND MORTGAGE FINANCING, F &G, INC. Mr. Wessel explained that in 1997 the EDA entered into a development agreement for financial assistance with F &G, Inc. regarding a project within TIF District 1 -7, the Apollo Business Park. The agreement called for the construction of two buildings in 1997, and a third in 1998. The first two buildings have been completed and the developer has arranged for a permanent mortgage on the project. The development agreement contains a provision which prohibits any liens (including a mortgage) against the property without the EDA's permission, if the project is not complete. Because the development agreement also calls for construction of a third building, which has not yet occurred, the EDA's permission for financing is necessary. This agreement focuses on two matters. It partially subordinates the EDA's development agreement with F &G, Inc. to the new financing. This means that the new mortgage will be treated as if it had been recorded prior to the development agreement. The EDA's position with the developer will remain unchanged, and none of the EDA's significant protections will be weakened by this action. The second matter in the agreement concerns various representations about what has or has not happened with regard to the project. The lender is asking the city for assurance that there have been no violations of the development agreement. Staff and legal counsel have reviewed the representations. The project has gone very well, the buildings are 100% occupied with excellent tenants, and, to staffs knowledge, there are no defaults or violations. According to legal counsel the agreement is reasonable and represents standard procedure for refinancing. EDA member Bergeson moved to authorize the president and executive director to execute the agreement. EDA Member Neal seconded the motion. Motion passed unanimously. ADJOURNMENT EDA Member Neal moved to adjourn. EDA Member Dahl seconded the motion. Meeting adjourned at 6:20 p.m. AGENDA ITEM 3 STAFF ORIGINATOR: Brian Wessel DATE: 5/26/98 TOPIC: Resolution No 98 -01 providing for the issuance and sale of $5,350,000 Lease Revenue- Bonds - - -- BACKGROUND: The issuance and sale of $5,350,000 in 20 -year Lease Revenue Bonds is to assist in the financing of the construction of the public facilities complex in The Village. The bonds will assist with the construction of the city hall, police station and Early Childhood Learning Center. Revenues from the lease of the building to Centennial School District at $1.2 million for 10 years for the Early Childhood Center will be used to pay that portion of the bond: These bonds are not general obligation bonds of either the EDA or the city. The bonds will be scheduled for sale at 6 p.m. on June 22, 1998. OPTIONS: 1. Approve Resolution No. 98 -01 2. Return to staff for further consideration RECOMMENDATION: Option 1 Extract of Minutes of Meeting of the Board of Commissioners of the Lino Lakes Economic Development Authority Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the Board of Commissioners of the Lino Lakes Economic Development Authority, Anoka County, Minnesota, was held at the City Hall in the City on Tuesday, May 26, 1998, commencing at 6:00 o'clock P.M. The following members of the Board of Commissioners were present: and the following were absent: * * * The following written resolution, the reading of which had been dispensed with by unanimous consent, was presented by Commissioner , who moved its adoption: BMB131417 LN140 -60 RESOLUTION NO. 9 8 - 01 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,350,000 LEASE REVENUE BONDS, SERIES 1998A (CITY OF LINO LAKES, MINNESOTA LEASE OBLIGATION) BE IT RESOLVED By the Board of Commissioners of the Lino Lakes Economic Development Authority, Anoka County, Minnesota (the "Authority ") as follows: 1. It has been proposed to the Authority that the Authority assist in the financing of the acquisition and construction of a site and facilities to be used by the City of Lino Lakes, Minnesota (the "City "). Under the proposal, the City and the Authority will enter into a Ground Lease Agreement (the "Ground Lease "), whereby the City will lease to the Authority certain land in the City (the "Site "). The Authority will lease to the City the Site and the facilities to be constructed thereon by the City (the "Facilities "), pursuant to a Lease- Purchase Agreement (the "Lease "). Pursuant to a Trust Indenture (the "Indenture ") between the Authority and a corporate trustee (the "Trustee "), the Authority will issue $5,350,000 aggregate principal amount of Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation) (the "Bonds "), the proceeds of which will be used to finance the acquisition and construction of the Site and the Facilities. The Authority will enter into an Assignment and Security Agreement (the "Assignment ") with the Trustee, whereby the Authority will assign to the Trustee, as security for the Bonds, all of the Authority's right, title and interest in and to the Ground Lease, the Lease and the Lease Payments to be made by the City under the Lease (other than certain rights to indemnification and payment of the Authority's expenses). The Bonds will be payable solely from Lease Payments received from the City under the Lease and moneys realized by the Trustee from re- leasing the Site and the Facilities following default or termination of the Lease, and the Authority shall have no liability with respect to the Bonds. 2. To provide financing for the acquisition and construction of the Site and the Facilities, including costs of issuance and the establishment of a Reserve Fund for the Bonds under the Indenture, the Authority will issue and sell the Bonds in the amount of $5,350,000. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal, which are hereby approved: BMB131417 LN14 0-60 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The Board of Commissioners will meet at 6:00 o'clock P.M. on Monday, June 22, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. BMB1314 17 LN14 0-60 STATE OF MINNESOTA COUNTY OF ANOKA I, the undersigned, being the duly qualified and acting Executive Director of the Lino Lakes Economic Development Authority, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the Board of Commissioners of the Authority held on Tuesday, May 26, 1998, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $5,350,000 Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation) of the Authority. WITNESS My hand this day of August, 1998. Executive Director BMB131417 LN140 -60 AGENDA ITEM 4 STAFF ORIGINATOR: Brian Wessel DATE: 5/26/98 TOPIC: Consideration of Subordination Agreement to the Contract for Private Development between Lino Lakes EDA and NoI -Tec LLC BACKGROUND: The EDA entered into a development agreement with Nol -Tec in 1995 regarding construction of their original building. We recently entered into a second agreement with regard to expansion. The owner is refinancing the development and the bank has asked the EDA to subordinate certain of its rights to the bank's mortgage. This is a typical request and one the EDA is generally willing to accommodate to at least a limited degree. We will not subordinate the assessment agreement to the new mortgage. The assessment agreement should remain in place even if the bank acquires the property. In this instance, the owner also agreed to allow the city to relevy unpaid special assessments in the case of a default. We should not give up this right. With these exceptions, it is reasonable to subordinate the remainder of the development agreement to the new financing. OPTIONS: 1. Authorize the president and executive director of the EDA to sign the subordination agreement that retains the assessment agreement and the right to relevy unpaid special assessments in the event of a default. 2. Return to staff for further consideration RECOMMENDATION: Option 1 Kennedy (raven Cm AP t E q E O 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337.9310 fax e -mail: atryc @kennedy- graven.com RONALD K. BATTY Attorney at Law Direct Dial (612) 337 -9262 email: rbany@kenncdy- grtvcn.com May 20, 1998 Ms. Vicky L. Krajsa -Frank Lindquist & Vennum 4200 IDS Center 80 South Eighth Street Minneapolis MN 55402 -2205 RE: Nol- TecILina Lakes EDA Agreement Dear Vicky: I have reviewed the subordination agreement and estoppel certificate regarding the contract for private redevelopment between the captioned parties. I have the following comments with regard to the document: 1. Paragraph 6. There remains a reference to the assessment agreement in line 7. I believe this should be deleted for the cake of clarity. 2. Paragraph R. The major substantive issue I have is with regard to the extent to which the EDA will subordinate its interest in development contract 1. As 1 indicated in my letter of May 1. 1998, the city has the right to reimpose special assessments in the case of an event of default. This would most likely occur through nonpayment of real estate taxes. We will not subordinate our right to do so. I believe there should be recognition of this in paragraphs 8 and 9. 3. As a matter of form. this document will be executed by the executive director and president of the Lino Lakes EDA. It will not be executed by the mayor and president of the city council. I have asked the EDA to add this item to the agenda for the meeting of May 26, 1998. I assume we will be able to resolve the above differences prior to that date. 1 have asked staff to go m4814362E LN140 -35 n ICCICCl MlAVIIn R anativay —W0.1.1 welb:Ol 86-02-KPH Ms. Vicky L. Krajsa -Frank May 20. 1998 Page 2 forward with placing this on the agenda. but it is important I get a corrected document back as soon as possible for inclusion in the packet. your / UV- Ronald H. Batty Lino Lakes EDA Attorney RHB:lh cc: Ms. Mary Divine RWB14362F n/r. 1 rn irn- 116_1 M1CCICCI IJaAm 9 kngN0N -W01J WeIb :OI 86- OZ -XeW SUPPLEMENTAL EXPENDITURE LISTING MAY 26, 1998 ' Page: 1 Date: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount CAPITAL IMPROVEMENTS PROJECTS POLICE DEPARTMENT ADVANCED GRAPHIX, INC.(GRAPHICS) Total for Department Total for Fund GENERAL ADMINISTRATION 855.8: 855.8:1 855.8: * A T & T(MONTHLY SERVICE) 12.9( VICTORIA, CITY OF(MEMBERSHIP /C VILLELLA) 15.0( BUILDING INSPECTIONS * A T & T(MONTHLY SERVICE) Total for Department 27.9( Total for Department CABLE TV ALPHA VIDEO AND AUDIO, INC.(MICROPHONE) Total for Department COMMUNITY DEVELOPMENT * A T & T(MONTHLY SERVICE) ENGINEERING * A T & T(MONTHLY SERVICE) AHRENS, DAVID(CONFERENCE) ENVIRONMENTAL * A T & T(MONTHLY SERVICE) Total for Department Total for Department Total for Department 4.5( 4.5( 231.6` 231.6! 12.6: 12.6: 3.2. 140.0( 143.24 0.11 0.11 ' Page: 2 Date: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount FINANCE * A T & T(MONTHLY SERVICE) 12.9E Total for Department 12.9E FLEET MANAGEMENT * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) AMERICAN PRESSURE, INC.(TUBE) FORESTRY DEPARTMENT A T & T(MONTHLY SERVICE) GOVERNMENT BUILDINGS * A T & T(MONTHLY SERVICE) Total for Department Total for Department Total for Department MAYOR AND COUNCIL A SEASON TO TASTE CATERING(BOX LUNCHES) Total for Department POLICE DEPARTMENT A T & T(MONTHLY SERVICE) AID ELECTRIC SERVICE, INC.(CIVIL DEFENSE SIRENS) ANOKA COUNTY(TRAINING) ANOKA COUNTY(TRAINING) Total for Department 10.7C 46.5 68.0E 125.3 7.42 7.42 24.4' 24.4" 66.3( 66.3C 25.7C 136.7E 72.0( 814.7: 1,049.1E STREETS A & L SUPERIOR SOD CO, INC.(SOD) 8.6= * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 26.6E Total for Department 35.2E Total for Fund 1,741.09 Page: 3 Date: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount WATER DEPARTMENT * A T & T(MONTHLY SERVICE) 0.1; Total for Department Total for Fund Total for Checking Account 1010 * - Invoice split to different Departments 0.1' 0.1; 2,597.04 ** Total ** $2,597.01 ' Page: 1 Date: 05/20/98 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount Checking Account 1010 000020 - A & L SUPERIOR SOD CO, INC. 000050 - A T & T 000095 - ADVANCED GRAPHIX, INC. 000098 - AHRENS, DAVID 000100 - AID ELECTRIC SERVICE, INC. 000161 - ALPHA VIDEO AND AUDIO, INC. 000210 - AMERICAN FASTENERS OF MINNESOTA, IN 000260 - AMERICAN PRESSURE, INC. 000370 - ANOKA COUNTY 004718 - VICTORIA, CITY OF 900549 - A SEASON TO TASTE CATERING 8.63 104.18 855.83 140.00 136.75 231.65 83.92 68.05 886.73 15.00 66.30 Total for Checking Account: 1010 2,597.04 ** Total ** $2,597.04 age: 1 late: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) 1994 CONSTRUCTION FUND * WILLIAM G. HAWKINS & ASSOCIATE(HWY 49 & LAKE DRIVE) Total for Department Total for Fund 1997 CONSTRUCTION * WILLIAM G. HAWKINS & ASSOCIATE(OTTER LAKE SERVICE ROAD) * WILLIAM G. HAWKINS & ASSOCIATE(OTTER LAKE ROAD REALIGN) Total for Department Total for Fund 1998 CONSTRUCTION FUND CONSTRUCTION BULLETIN MAGAZINE(ADVERTISING /LAKES ADDITION) * PRESS PUBLICATIONS, INC.(ADVERTISING /LAKES ADDITION) * WILLIAM G. HAWKINS & ASSOCIATE(LAKE DRIVE) * WILLIAM G. HAWKINS & ASSOCIATE(LAKES ADDITION) Total for Department Total for Fund AREA AND UNIT CHARGE TJB SUPER ENERGY HOMES(REIMBURSE UTILITY PAYMENT) Total for Department • PRESS PUBLICATIONS, INC.(ADVERTISING /LILAC TRUNK) S.R.WEIDEMA, INC.(CONTRACTOR -LILAC STREET UTIL) Amount 525.40 525.40 525.40 142.00 497.00 639.00 639.00 98.60 63.60 144.00 142.00 448.20 448.20 9.84 9.84 79.50 76,066.89 Total for Department 76,146.39 Total for Fund 76,156.23 age: 2 ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount COMMUNITY DEVELOPMENT BLOCK GRANT FOREST LAKE AREA(QUARTERLY BILLING) FOREST LAKE AREA(QUARTERLY BILLING) Total for Department Total for Fund CONTRACTORS DEPOSITS 1,565.00 - 970.00 595.00 595.00 KLOSNER - GOERTZ(REIMB BLDG ESCROW /365 LINDA) 500.00 MOLIN CONCRETE PRODUCTS, INC.(REIMBURSE ESCROW) 36,750.00 k PRESS PUBLICATIONS, INC.(ADVERTISING /HIGHLAND MEADOWS) 7.95 k PRESS PUBLICATIONS, INC.(ADVERTISING /LAKELAND BANK) 7.95 SMITH, MARK(REIMBURSE ESCROW /2120 OTTER) 2,000.00 Total for Department 39,265.90 Total for Fund 39,'265.90 GENERAL ADMINISTRATION HAY GROUP(JOB EVALUATION) NORMANDALE COMMUNITY COLLEGE(REGISTRATION) PRESS PUBLICATIONS, INC.(ADVERTISING) PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) STAR TRIBUNE, INC.(ADVERTISING) WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department BUILDING INSPECTIONS PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) SUBURBAN INSPECTIONS, INC.(ELECTRICAL INSPECTIONS) CHARTER COMMISSION PRESS PUBLICATIONS, INC.(ADVERTISING) WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department 2,864.10 218.75 398.46 17.50 257.25 129.09 3,885.15 7.00 1,290.40 1,297.40 11.93 11.74 Total for Department 23.67 'age: 3 )ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) COMMUNITY DEVELOPMENT DIVINE, MARY(AIR /SHUTTLE /PARKING /HOTEL /ME) NORTHWEST ASST CONSULTANT, INC(TECHNICAL ASSISTANCE) NORTHWEST ASST CONSULTANT, INC(PROFESSIONAL SERVICES) NORTHWEST ASST CONSULTANT, INC(COMP PLAN) NORTHWEST ASST CONSULTANT, INC(COMP PLAN) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) SCIENCE MUSEUM OF MINNESOTA(REGISTRATION /M K WYLAND) WESSEL, BRIAN(MEALS /APRIL) * WYLAND, CATHY(SUMMER NEWSLETTER) * MN. TEAMSTERS(INSURANCE) * MN. TEAMSTERS(INSURANCE) * PRUDENTIAL HEALTHCARE GROUP(LIFE * PRUDENTIAL HEALTHCARE GROUP(LIFE ENGINEERING Total for Department INSURANCE) INSURANCE) Total for Department COMPUSA, INC.(SUPPLIES) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) SHORT - ELLIOTT- HENDRICKSON, INC(ARCVIEW TRAINING) Total for Department ENVIRONMENTAL k D.J.'S MUNICIPAL SUPPLY, INC.(MARKING PAINT) DNR, DEPARTMENT OF NATURAL RES(AERIAL PHOTO) DONLIN, AMY(FOLDERS) * WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department FINANCE k FUNDWORKS(ACH INSTALLATION) k PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) VASKE, MARY(MILEAGE /PARKING) Amount 1,034.74 47.40 175.00 500.00 1,971.46 10.50 129.00 234.00 46.94 4,149.04 72.00 429.00 2.75 166.65 670.40 505.73 4.46 7.00 550.00 1,067.19 149.14 81.89 382.63 46.94 660.60 47.50 7.00 29.52 Total for Department 84.02 'age: 4 )ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount FIRE DEPARTMENT * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) Total for Department FLEET MANAGEMENT BUMPER TO BUMPER, INC.(SUPPLIES) CAPITOL CITY WELDING, INC.(ACETYLENE) DEHN OIL COMPANY(FUEL) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) KATH AUTO PARTS, INC.(BATTERY) MTI DISTIBUTING, INC.(PNEUMATIC WHEEL) MTI DISTIBUTING, INC.(SHAFT /BUSHING /FRICTION WHEEL) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) * STATE OF MINNESOTA(CHEMICAL INVENTORY STATEMENT) Total for Department FORESTRY DEPARTMENT * BAILEY NURSERIES, INC.(TREES) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) NORTHERN STATES POWER, INC.(REPAIR TO UNDERGROUND ELEC) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) TSCHIDA EXCAVATING, INC.(MAY LEASE) * US WEST COMMUNICATIONS(MONTHLY SERVICE) Total for Department GOVERNMENT BUILDINGS C. P. OFFICE PRODUCTS(OFFICE SUPPLIES) DIAMOND CLEANING SERVICE, INC.(MAY) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) HUGO HEATING AND COOLING(SERVICE AIR CONDITIONING) IKON OFFICE SOLUTIONS, INC.(TONER) * INTERSTATE LUMBER, INC.(SHELVING MATERIAL) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * SAM'S CLUB, INC.(SUPPLIES) UPPER MIDWEST SALES COMPANY, I(JANITORIAL SUPPLIES) * UPPER MIDWEST SALES COMPANY, I(JANITORIAL SUPPLIES) * US WEST COMMUNICATIONS(MONTHLY SERVICE) Total for Department LEGAL CONSULTANTS * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY) * WILLIAM G. HAWKINS & ASSOCIATE(CRIMINAL ATTORNEY) Total for Department 3.50 3.50 1,042.30 44.59 2,434.83 20.76 1.59 173.62 29.24 63.39 3.50 25.00 3,838.82 52.82 4.46 675.94 3.50 200.00 77.53 1,014.25 707.69 1,087.61 15.18 194.00 252.63 30.57 4.98 162.26 116.53 291.88 871.44 3,734.77 2,075.40 7,497.60 9,573.00 age: 5 ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount MAYOR AND COUNCIL GOVERNMENT TRAIN SERVICE(REGISTRATION /C DAHL) TEAMWORKS INTERNATIONAL, INC.(FEES /SERVICES) TIMESAVER OFF -SITE SECRETARIAL(APRIL 27) TIMESAVER OFF -SITE SECRETARIAL(MAY 11) Total for Department PARK BOARD TIMESAVER OFF -SITE SECRETARIAL(MAY 4) Total for Department PARKS DEPARTMENT 53.00 1,200.00 166.50 108.75 1,528.25 119.25 119.25 • BAILEY NURSERIES, INC.(TREES) 62.55 C. P. OFFICE PRODUCTS(OFFICE SUPPLIES) 12.34 DEGARDNER, RICK(MILEAGE) 44.22 • FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 153.11 FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 10.60 • FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 5.94 IKON OFFICE SOLUTIONS, INC.(MAINTENANCE ON COPIER) 75.58 INTERSTATE LUMBER, INC.(CEMEMT) 108.50 JEM, INC. DBA(SOFTWARE SALES) 102.22 MENARDS, INC.(SUPPLIES) 63.46 MENARDS, INC.(SUPPLIES) 63.07 METRO ATHLETIC SUPPLY, INC.(SUPPLIES) 422.12 MINNCOMM PAGING, INC.(MONTHLY SERVICE) 11.14 MN. WANNER COMPANY, INC.(HOSE SHANK /PLASTIC TEE) 53.67 MRPA(MEMBERSHIP /R DEGARDNER) 150.00 MTI DISTIBUTING, INC.(SPRINKLER /CUTTER /CLAMP) 24.11 MTI DISTIBUTING, INC.(SPRINKLER /CUTTER /CLAMP) 216.00 NORMANDALE COMMUNITY COLLEGE(REGISTRATION) 218.75 NORTH STAR TURF SUPPLY, INC.(SUPPLIES) 1,330.07 NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 11.66 NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 187.41 PLASTIC INDUSTRIES, INC.(BARREL TOP) 960.00 PRESS PUBLICATIONS, INC.(ADVERTISING) 96.42 PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) 21.00 SAM'S CLUB, INC.(SUPPLIES) 28.10 SHORT - ELLIOTT - HENDRICKSON, INC(PARKS /TRAIL MAP UPDATE) 693.00 TODORA, GAIL(SUMMER NEWSLETTER) 87.00 UPPER MIDWEST SALES COMPANY, I(JANITORIAL SUPPLIES) 127.92 US WEST COMMUNICATIONS(MONTHLY SERVICE) 227.01 US WEST COMMUNICATIONS(MONTHLY SERVICE) 44.30 WOOD, SANDIE(MILEAGE) 26.73 WYLAND, CATHY(SUMMER NEWSLETTER) 187.75 Total for Department 5,825.75 Ige : 6 ite: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount POLICE DEPARTMENT C. P. OFFICE PRODUCTS(OFFICE SUPPLIES) CENTURY COLLEGE(REGISTRATION /B YOUNG) CIRCLE PINES POST OFFICE(ROLL OF STAMPS) CY'S UNIFORMS, INC.(UNIFORM SUPPLIES) DATA RESEARCH, INC.(ENCYCLOPEDIA) GALL'S INC.(CASSETTE RECORDER) GLENWOOD INGLEWOOD, INC.(MONTHLY SERVICE) IN THE LINE OF DUTY, INC.(TRAINING TAPES) LAKESIDE AUTO & PAINT, INC.(REPAIR DOOR /REMOVE DECALS) MN. TEAMSTERS(INSURANCE) MORK CLINIC(PREVENTIVE MEDICINE) NORMANDALE COMMUNITY COLLEGE(REGISTRATION) NORTH STAR AMOCO, INC.(CAR WASHES) NORTHERN STATES POWER, INC.(MONTHLY SERVICE) PHOTO WORLD(FILM PROCESSING) PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) SAM'S CLUB, INC.(SUPPLIES) STREICHER'S, INC.(DOME LIGHTS) STREICHER'S, INC.(HALOGEN BULB) TREADWAY GRAPHICS, INC.(PLAQUE /MEDALLION /WATCH) US WEST COMMUNICATIONS(MONTHLY SERVICE) WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department RECREATION DEPARTMENT ALL STAR SPORTS, INC.(SUPPLIES) ALL STAR SPORTS, INC.(SUPPLIES) FRATTALLONE'S HARDWARE, INC.(SUPPLIES) IKON OFFICE SOLUTIONS, INC.(MAINTENANCE ON COPIER) LIGHTNING PRINTING, INC.(TYPE /SET -UP /PRESS WASH) MINNCOMM PAGING, INC.(MONTHLY SERVICE) MRPA(MEMBERSHIP /B BERNSTEIN) MRPA(MEMBERSHIP /E BURSACK) PRESS PUBLICATIONS, INC.(ADVERTISING) PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) SAM'S CLUB, INC.(SUPPLIES) STAR TRIBUNE, INC.(ADVERTISING) TODORA, GAIL(SUMMER NEWSLETTER) WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department SOLID WASTE ABATEMENT CAROUSEL PROMOTIONS(MINI RECYCLE BINS) J. R.'S APPLIANCE DISPOSAL, IN(RECYCLING DAY /115 APPLIANCES) 85.45 89.00 32.00 2,207.31 126.47 79.27 11.57 695.00 264.31 84.00 396.00 218.75 63.90 251.81 43.79 70.00 385.60 37.77 58.31 260.91 391.92 23.47 5,876.61 337.25 62.50 26.40 140.35 86.42 4.46 150.00 70.00 68.88 3.50 28.10 61.25 513.00 187.75 1,739.86 656.50 960.00 age: 7 ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) KNOWLAN'S SUPER MARKETS, INC.(RECYCLING DAY) LINO LAKES LIONS CLUB(RECYCLING DAY) * PRESS PUBLICATIONS, INC.(ADVERTISING) SAFETY KLEEN CORPORATION, INC.(RECYCLED OIL) Total for Department STREETS * D.J.'S MUNICIPAL SUPPLY, INC.(MARKING PAINT) H & L MESABI, INC.(BLADE CUTTING EDGES) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORMANDALE COMMUNITY COLLEGE(REGISTRATION) * NORTH STAR AMOCO, INC.(CAR WASHES) * NORTH STAR TURF SUPPLY, INC.(SUPPLIES) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) STATE OF MN CPV PROGRAM(CPV MEMBERSHIP) T.A. SCHIFSKY AND SONS, INC.(MC FINE ASPHALT) * WYLAND, CATHY(SUMMER NEWSLETTER) PROGRAM RECREATION TEMBREULL, MARK(COACHES DISCOUNT) RECREATION DEPARTMENT ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC ALL STAR SPORTS, INC FORLITI, ROBERT(BEAN GARVEY COMPANY, INC. . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) . (SUPPLIES) BAG GAMES) (THERABAND) Total for Department Total for Fund Total for Department Total for Department Total for Fund Amount 20.47 300.00 142.50 200.00 2,279.47 198.86 305.66 8.92 218.75 4.26 72.10 2,621.27 17.50 350.00 73.00 23.47 3,893.79 51,264.79 10.00 10.00 137.50 106.63 297.50 827.39 982.98 529.63 478.63 338.12 338.12 120.00 59.82 4,216.32 4,226.32 age: 8 ate: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount SEWER OPERATING TJB SUPER ENERGY HOMES(REIMBURSE UTILITY PAYMENT) Total for Department SEWER DEPARTMENT FRATTALLONE'S HARDWARE, INC.(SUPPLIES) FUNDWORKS(CORRECTION OF UR ENTRY) GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) JIM HATCH SALES, INC.(AMBER DOME LIGHTBAR) MINNCOMM PAGING, INC.(MONTHLY SERVICE) NORTHERN STATES POWER, INC.(MONTHLY SERVICE) NORTHERN STATES POWER, INC.(MONTHLY SERVICE) PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) Total for Department Total for Fund SURFACE WATER MANAGEMENT 32.80 32.80 1.16 154.37 182.00 135.73 4.46 453.37 285.97 5.25 1,222.31 1,255.11 WILLIAM G. HAWKINS & ASSOCIATE(SURFACE WATER) 568.00 Total for Department 568.00 Total for Fund 568.00 TOWN CENTER PROJECT FUNKHOUSER, JAMES & JUDITH(LAND PURCHASE) HERB BALDWIN LANDSCAPE ARCHITE(LANDSCAPE ARCHITECTURAL SERV) LEONARD PARKER ASSOCIATES(ARCHITECTURAL SERVICES) WILLIAM G. HAWKINS & ASSOCIATE(THE VILLAGE) LATER OPERATING 2,317.58 354.00 109,617.25 3,048.70 Total for Department 115,337.53 Total for Fund 115,337.53 TJB SUPER ENERGY HOMES(REIMBURSE UTILITY PAYMENT) 1.63 TJB SUPER ENERGY HOMES(REIMBURSE UTILITY PAYMENT) 0.85 Total for Department 2.48 Page: 9 Date: 05/20/98 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount WATER DEPARTMENT * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FUNDWORKS(CORRECTION OF UR ENTRY) * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) HAWKINS WATER TREATMENT GROUP,(CONTAINER DEMURRAGE) * JIM HATCH SALES, INC.(AMBER DOME LIGHTBAR) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * PRUDENTIAL HEALTHCARE GROUP(LIFE INSURANCE) * STATE OF MINNESOTA(CHEMICAL INVENTORY STATEMENT) STATE OF MINNESOTA(OPERATOR LICENSE) U.S. FILTER /WATERPRO, INC .(GASKET /VALVE /COUPLING /O -RING) * US WEST COMMUNICATIONS(MONTHLY SERVICE) * US WEST COMMUNICATIONS(MONTHLY SERVICE) Total for Department Total for Fund Total for Checking Account 1010 ** Total ** * - Invoice split to different Departments 40.98 154.38 182.00 15.00 135.72 4.46 1,181.22 5.25 250.00 23.00 462.03 37.84 62.19 2,554.07 2,556.55 292,838.03 $292,838.03 Page: 1 Date: 05/20/98 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount Checking Account 1010 000158 - ALL STAR SPORTS, INC. 4,436.25 000572 - BAILEY NURSERIES, INC. 115.37 000900 - BUMPER TO BUMPER, INC. 1,042.30 000930 - WILLIAM G. HAWKINS & ASSOCIATES 14,640.10 000946 - C. P. OFFICE PRODUCTS 805.48 000960 - CAPITOL CITY WELDING, INC. 44.59 001013 - CAROUSEL PROMOTIONS 656.50 001067 - CENTURY COLLEGE 89.00 001100 - CIRCLE PINES POST OFFICE 32.00 001191 - COMPUSA, INC. 505.73 001255 - CY'S UNIFORMS, INC. 2,207.31 001262 - D.J.'S MUNICIPAL SUPPLY, INC. 348.00 001292 - DEHN OIL COMPANY 2,434.83 001294 - DNR, DEPARTMENT OF NATURAL RESOURCE 81.89 001295 - DATA RESEARCH, INC. 126.47 001298 - DEGARDNER, RICK 44.22 001309 - DIAMOND CLEANING SERVICE, INC. 1,087.61 001329 - DONLIN, AMY 382.63 001480 - HAWKINS WATER TREATMENT GROUP, INC. 15.00 001527 - FOREST LAKE AREA 595.00 001560 - FRATTALLONE'S HARDWARE, INC. 275.72 001583 - FUNDWORKS 356.25 001584 - FUNKHOUSER, JAMES & JUDITH 2,317.58 001600 - GALL'S INC. 79.27 Page: 2 Date: 05/20/98 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001602 - GARVEY COMPANY, INC. 59.82 001620 - GLENWOOD INGLEWOOD, INC. 11.57 001680 - GOPHER STATE ONE -CALL, INC. 364.00 001700 - GOVERNMENT TRAIN SERVICE 53.00 001768 - H & L MESABI, INC. 305.66 001818 - JIM HATCH SALES, INC. 271.45 001819 - HAY GROUP 2,864.10 001830 - HERB BALDWIN LANDSCAPE ARCHITECT 354.00 001881 - HUGO HEATING AND COOLING 194.00 001970 - INTERSTATE LUMBER, INC. 139.07 001980 - IKON OFFICE SOLUTIONS, INC. 468.56 002053 - J. R.'S APPLIANCE DISPOSAL, INC. 960.00 002110 - KATH AUTO PARTS, INC. 173.62 002152 - KLOSNER- GOERTZ 500.00 002153 - KNOWLAN'S SUPER MARKETS, INC. 20.47 002230 - DIVINE, MARY 1,034.74 002270 - LAKESIDE AUTO & PAINT, INC. 264.31 002340 - LIGHTNING PRINTING, INC. 86.42 002410 - LINO LAKES LIONS CLUB 300.00 002550 - MENARDS, INC. 126.53 002565 - METRO ATHLETIC SUPPLY, INC. 422.12 002694 - MINNCOMM PAGING, INC. 42.36 002850 - MN. WANNER COMPANY, INC. 53.67 002980 - MN. TEAMSTERS 585.00 003010 - MOLIN CONCRETE PRODUCTS, INC. 36,750.00 003050 - MRPA 370.00 Page: 3 Date: 05/20/98 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003070 - MTI DISTIBUTING, INC. 003219 - NORTH STAR AMOCO, INC. 003220 - NORTH STAR TURF SUPPLY, INC. 003250 - NORTHERN STATES POWER, INC. 003260 - NORTHERN STATES POWER, INC. 003320 - NORTHWEST ASST CONSULTANT, INC 003500 - PHOTO WORLD 003517 - PLASTIC INDUSTRIES, INC. 003600 - PRESS PUBLICATIONS, INC. 003625 - PRUDENTIAL HEALTHCARE GROUP 003874 - S.R.WEIDEMA, INC. 003880 - SHORT - ELLIOTT - HENDRICKSON, INC 003900 - SAFETY KLEEN CORPORATION, INC. 003910 - SAM'S CLUB, INC. 004070 - CONSTRUCTION BULLETIN MAGAZINE 004150 - STAR TRIBUNE, INC. 004180 - STATE OF MINNESOTA 004192 - STATE OF MINNESOTA 004200 - STATE OF MN CPV PROGRAM 004240 - STREICHER'S, INC. 004251 - SUBURBAN INSPECTIONS, INC. 004340 - T.A. SCHIFSKY AND SONS, INC. 004427 - TIMESAVER OFF -SITE SECRETARIAL, INC 004440 - TJB SUPER ENERGY HOMES 004456 - TODORA, GAIL 004479 - TREADWAY GRAPHICS, INC. 332.74 68.16 1,402.17 4,997.69 675.94 2,693.86 43.79 960.00 877.19 351.40 76,066.89 1,243.00 200.00 604.06 98.60 318.50 23.00 275.00 350.00 96.08 1,290.40 73.00 394.50 45.12 600.00 260.91 Page: 4 Date: 05/20/98 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004511 - TSCHIDA EXCAVATING, INC. 004562 - U.S. FILTER /WATERPRO, INC. 004654 - UPPER MIDWEST SALES COMPANY, INC. 004670 - US WEST COMMUNICATIONS 004710 - VASKE, MARY 004800 - WESSEL, BRIAN 004836 - WOOD, SANDIE 004850 - WYLAND, CATHY 900007 - SCIENCE MUSEUM OF MINNESOTA 900056 - IN THE LINE OF DUTY, INC. 900288 - TEMBREULL, MARK 900354 - LEONARD PARKER ASSOCIATES 900484 - JEM, INC. DBA 900485 - SMITH, MARK 900535 - MORK CLINIC 900561 - TEAMWORKS INTERNATIONAL, INC. 900583 - FORLITI, ROBERT 900584 - NORMANDALE COMMUNITY COLLEGE Total for Checking Account: 1010 200.00 462.03 536.33 1,712.23 29.52 234.00 26.73 657.15 129.00 695.00 10.00 109,617.25 102.22 2,000.00 396.00 1,200.00 120.00 875.00 292,838.03 ** Total ** $292,838.03 APRIL98 #2 MANUAL EXPENDITURES April -1998 ADMINISTRATION GOVERNMENT TRAINING /R SCHUMACHER $ 193.90 THIS ITEM WAS REMOVED FROM THE MANUAL DISBURSEMENT AT THE APRIL 27,1998 COUNCIL MEETING. IT IS BEING RESUBMITTED FOR YOUR REVIEW /APPROVAL. Page 1 STAFF ORIGINATOR DATE TOPIC BACKGROUND AGENDA ITEM N0. 2A POLICE .CRIEF, DAVID PECCHIA MAY 26, 1998 OATH OF OFFICE - POLICE PERSONNEL Lino Lakes Police Department hired 1 new officer in December 1997. Officer Kevin Johnson will need to take the Oath of Office. OPTIONS 1. Conduct Oath of Office. Return to staff for further information. RECOMMENDATION Option No. 1 KEVIN JOHNSON, , PLEASE REPEAT AFTER ME .... " I, KEVIN JOHNSON, DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND COMPLY WITH THE CONSTITUTION OF THE UNITED STATES OF AMERICA; THE CONSTITUTION AND LAWS OF THE STATE OF MINNESOTA; THE CHARTER, THE ORDINANCES OF THE CITY OF LINO LAKES, AND THE MISSION STATEMENT OF THE LINO LAKES POLICE DEPARTMENT; AND THE LAW ENFORCEMENT CODE OF ETHICS; AND THAT I WILL FAITHFULLY DISCHARGE THE DUTIES OF MY OFFICE AS A LINO LAKES POLICE OFFICER TO THE BEST OF MY ABILITY." Agenda Item 3 Staff Originator Mary Vaske Date May 19, 1998 Topic Opportunity for Communities to Withdraw from the 1999- 2001 Community Development Block Grant and Home Programs Background Anoka County has been notified by HUD that it is time for a new three year cycle of Community Development Block Grant (CDBG) and HOME Programs. HUD requires that the County give the communities an opportunity to "opt -out" of the programs at the beginning of each three -year cycle. A community's decision to withdraw from the program reduces the County's CDBG population count and entitlement amount and technically is effective for three years, until June 30, 2002. Anoka County can exercise the option to invite a community that has "opted -out" of the program to participate in the second or third year. If the City of Lino Lakes wants to "opt - out" and have its population excluded from Anoka County's total for the CDBG and HOME Programs we must provide this in writing to the County and HUD no later than June 5, 1998. All of the communities executed Joint Cooperation Agreements for 1987 that will automatically renew and continue in effect so long as there is a CDBG Program and they do not elect to withdraw. This agreement has been amended to include the HOME Program. If we choose to remain included in the Urban County, we are notified of the following: 1. The city is ineligible to apply for grants under the HUD- Administered Small Cities or State CDBG programs while part of the Urban County. 2. The city can only participate in the HOME Program through the Urban County. Options. 1. Continue to stay in the Urban County CDBG Program through the 1999 2002 grant years. "Opt-out" of the Urban County CDBG Program through the 1999 -2002 grant years. Recommendation C O U N T Y O F A N O K A Urban Anoka County Community Development Block Grant GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303 -2265 • (612) 323 -5709 Ms. Paula Schloer City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 May 12, 1998 Revised Letter - The initial letter sent on May 8, 1998, had an ending date that wcs wrong. P!easo see corrected date. Re: 1999 -2001 CDBG and HOME Programs - Opportunity for Communities to Withdraw Dear Paula: Anoka County has been notified by HUD that it is time for a new three year cycle of Community Development Block Grant (CDBG) and HOME Programs. HUD requires that we give the communities an opportunity to "opt -out" of the Anoka County CDBG and HOME Programs at the beginning of each three year cycle. A community's decision to withdraw from the program reduces the County's CDBG population count and entitlement amount and technically is effective for three years, until June 30, 2002. Anoka County can exercise the option to invite a community that has "opted -out" of the County CDBG Program to participate in the second or third year. If your community wants to have its population excluded from Anoka County's total for the CDBG and HOME Programs, please provide notice in writing to Alyce Osborn, Anoka County Government Center, at the above address and also to John Swanson, 220 South Second Street, Minneapolis, MN 55401, not later than June 5, 1998. All of the communities executed Joint Cooperation Agreements for 1987 that will automatically renew and continue in effect so long as there is a CDBG Program and they do not elect to withdraw. This Agreement has been amended to include the HOME Program. If you choose to remain included in the Urban County, you are notified of the following: 1. The city is ineligible to apply for grants under the HUD - Administered Small Cities or State CDBG programs while part of the Urban County. 2. The city can only participate in the HOME Program through the Urban County. If you have any questions about this process, please call me at 323 -5709. Sincerely, AAO:sw cc: Jay McLinden Maureen Gaalaas Alyce A. Osborn Community Development Manager Affirmative Action / Equal Opportunity Employer AGENDA ITEM 3B STAFF ORIGINATOR: Mary M. Vaske DATE: May 20, 1998 TOPIC: Resolution 98 -77 and 98 -78 providing for the issuance and sale of $4,310,000 G.O. Improvement Bonds 1998A and $2,000,000 G.O. Improvement Bonds 19988. The City Council reviewed the upcoming construction projects in March. The projects funded by the 1998A bonds are Otter Lake Road Realignment, Lake Drive Trunk Utility, Phase 1, and Lilac Trunk Utility. The project funded by the 1998B bond is Lake's Addition Reconstruction. The bond terms are both for 15 years and are funded by special assessments and property taxes. 1. Approve the resolutions as proposed. 2. Revisit the projects for more information Option 1 - Council member introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-77 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,310,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A WHEREAS, it is hereby determined that the following assessable public improvements (the Improvements) have been made, duly ordered or contracts lets for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act) Otter Lake Road Realignment $1,372,927 Lake Drive Trunk Utility, Phase 1 2,534,634 Lilac Trunk Utility 402,439 Subtotal 4,310,000 Add: Underwriter's Discount 43,100 Less: Investment Earnings (43,100) Net Bond Issue $4,310,000 WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,310,000 General Obligation Improvement Bonds, Series 1998A (Bonds) pursuant to the Act to provide financing for the Improvements. WHEREAS, to provide financing for the Improvements, the City will issue and sell Bonds in the amount of $4,266,900. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $43,100. The excess of the purchase price of the Bonds over the sum of $4,266,900 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal. WHEREAS, Springsted, Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, June 22, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. NOW THEREFORE BE IT RESOLVED, that the above bonds be issued. Adopted by the City Council of Lino Lakes this 26th day of May, 1998. Kimberly A. Sullivan - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: AUTHORIZED SPRINGSTED INCORPORATED TE FOL NEGOTIATE BASIS: THE CITY HAS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED TERMS Op PROPOSAL $4,310,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS: SERIES 1998A (BOOK ENTRY ONLY) the Bonds will be received on Monday, June 22. 1998, Place. l 1 t 100. Saint Paul. Central Proposals fort incorporated. 85 East Sev Minn, st the deices of time after which time they will be opened and taTime, butted.trC Consideration day.n for award oft the Minnesota, Council at 6:30 P.M., Central Bonds will be by the City SUBMISSION OF PROPOSALS 0 prior to the Proposals may be submitted in a sealed envelope pmay be submitted to Springsted 0 to Springsted. Signed Proposals, without hall price or P time of sale. The bidder shall be responsible for submitting to Springsted the oral Proposal price and coupons. by telephone (612) 223-3000 or fax (612) 223 -3002 for inclusion in the to reach submitted Proposal. Springsted will assume baliability Ab'dders are inability of the that Proposal Springsted prior to the time of sale specified shall be deemed to constitute a contract between the bidder and the City to purchase the Bond regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated August 1. 1998. as the date of oonginal�g�st Ind will bear interest h payable on February 1 and August 1 of each yea be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will matufe February 1 in the years and amounts as follows: 2013 $285.000 2005 5290.000 2009 $285.000 2013 $285.000 2001 5290.004 2006 $290.000 2010 $285.000 2015 5285.000 2002 5290.000 2007 5290,000 2011 5285.000 2003 5290.000 2004 5290.000 2008 $285,000 2012 5285,000 Proposals for the Bonds may contain a maturity schedule providing for or aatecombination fi of s dry bropo provided that no serial bond may bonds and term bonds. p rice of sinking und redemption date of any terra bond• maturity lt n bonds a� �� subject a at a p mandatory 9 Rata term bonds, the sinking fund redemption and must conform to the on. In order to designate par plus accrued Interest to the date of redemption. must specliy "Last Year of Serial Maturities" and "Years of Term Maturities" In the proposal spaces p rovided on the Proposal Form. -i- nicaicc710 NRAVN9 7 A03NN3)1 -1110a4 wdll:EO 86- 61 —AeVV BOOK ENTRY SYSTEM means of a book entry system no physical distribution of The Bonds will be -issued by red form and one Bond, Bonds made. td t ! li The Bonds will be issued in fully registered eon will d representing the aggregate pnndp - the Bonds maturing in each_�i n will be registered in the name of Cede & Co. as nominee of The Depository Trust Company New Park; New Yor6s,._which, will etc as amount of $5.Ory U0 or any Bonds. Individual purchases of a s in of the Mort may be made in the pnn c p fi>i maturity through book entries -made on the books --�' and records ominee as registered gtstered owner of Principal and Interest are payable by the registrar the Bonds. Transfer of prindpa! and interest d payments erest payments to beneficial vwlners tby responsibility of DTC; transfer of principal and participants will be the responsibility delivery participants h Bonds. will ebe required to deposit the owners. The purchaser, as a condition Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2006. and on any day thereafter, to prepay Bonds due on or after February 1, 2007• Redemption Ci shall 1 be in whole determine. orlf in part less than ailnBondstvf a ma unity are City and In such manner as the ty called for redemption, the City will notify DIG of the particular amount of such maturity to be prepaid. DtC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,266,900 and accrued interest on the total principal amount of the Bonds. Prodosals shall be accompanied by a Good Faith Deposit ("Deposit'') in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $43,100, payable to the order of the City. If a check Is used, it must accompany each proposal. If a a Financial Surety Bond is used, it must be from an insurance company nd censed must to be Issue such ted to bond in the State of Minnesota. and ;reapproved by the City. o Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted incorporated in the form of a certified or cashier's check or wire transfer as Instructed by Springsted incorporated not later than 3:30 P.M.. Central Time on the next business day following the award. If such Deposit Is not received by that time. the Financial Surety Bornd may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can nr7_J 1 I /Cn J OIC_I nICPICC71Q uaAVW1 V AnW0V -w0J.i wdll:EO 86- 61 -XENI be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds Is adjourned. recessed. or continued multiples of 5100 date or without award of the Bonds having been made. Rates shall be in integral shall bear a single 1/8 of 1%. Rates must be in and oI he date . of Bonds of the No conditional proposals will be rate from the date of the 8 accepted. AWARD The Bonds will be awarded on the basis of the lowest interest the interest t rate of each proposal, in interest cost (TIC) basis. The City's computation accordance with customary practice, will be controlling. ro osal or of The City will reserve the right to: (i) waive non - substantive Informalities ���ny all owls matters relating to the receipt of proposals and award of the Bonds, (1i j proposals without cause. and, (ii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any �purchase l of bond insurance nsurancer policy or�the therefor at the option of the underwriter. issuance of any such commitment shall issuance of the Bonds resulting from such purchase of the bonds. Any increased costs of ss a insurance shall be paid by the purchaser, except that. If the City are feete Aan received rating rating on the Bonds from a rating agency, the City pay that ng agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer too issue �thoe refusal by the purchaser been o accept delivery an purchaser shall not constitute cause Bonds. CUSIP NUMBERS If the Bonds qualify for assignment � CUSIP numbers on anyhBond numbers a will ny be �'°r With respect Bonds, but neither the failure to p delivery of the thereto will constitute cause for failure or refusal by the purchaser to accept N Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their aw to the City and rthe purchaserWl Delivery will the purchaser at a place mutually satisfactory subject to receipt by the purchaser of an approving legal opinion of e ng y no-litigation . Chartered of Minneapolis. Minnesota, and of customary closing pap certificate. On the date of settlement at the offices of the Cityso alb d slgnee not later federal, than euivalent. funds which shall be received Bonds shall 12:00 Noon, Central Time. Except as n � compliance City, or its agents. the pU chases all be liable to have been made Impossible by actin reason of the purchaser's non - compliance with said the City for any loss suffered by the City by P terms for payment. II /nn J OIC_I nica1cc710 - W AVNn V A03013N —woi wdl1:EO 86 -61 -4r CONTI•U1NG DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5). the City will undertake. pursuant to the resolut1on awarding sale of the Bends, to provide In the Offlciial Statement. The purchaser's obligation description of this undertaking is set purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT ent The City has authorized the preparation of an Official Statement containingpe�cial information relative to the Bonds, and said Official Satement will serve as a nearly-final Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. Far copies of the Official Statement or for any additional Information prior to sale. arty prospective purchaser is referred to the Saint Paul. Minnesota orta 551U1 telephone (612j 223-3000. Incorporated. 85 East Seventh Place, Suite The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds. together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds. as that term is defined in Rule 15c2 -12. By awarding the Bonds that, oanyy underwriter or underwriting syndicate submitting a proposal therefor, the City agrees more than seven business days after the date of such award. it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 175 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shalt accept such designation and (ii) it shall enter a l relationship Participating Underwriters purposes n of assuring the receipt by each such Partic{patingUnderwriter of the Final Official Statement Dated May 26. 1998 BY ORDER OF THE CITY COUNCIL I nicairc710 -iv - ls1 Marilyn Anderson Clerk/Treasurer JAVNn ' AnluJ \ —woJ. wdZI :EO 86- 61 —AeV Council member - introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-78 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE _OE..._________ $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B WHEREAS, the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter429 (Act) Lakes Addition $1,981,361 Add: Underwriter's Discount 20,000 Less: Investment Earnings (1,361) Net Bond Issue $2,000,000 WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,000,000 General Obligation Improvement Bonds, Series 1998B (Bonds) pursuant to the Act to provide financing for the Improvements. WHEREAS, to provide financing for the Improvements, the City will issue and sell Bonds in the amount of $1,980,000. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $20,000. The excess of the purchase price of the Bonds over the sum of $1,980,000 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal. WHEREAS, Springsted, Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, June 22, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. NOW THEREFORE BE IT RESOLVED, that the above bonds be issued. Adopted by the City Council of Lino Lakes this 26th day of May, 1998. Kimberly A. Sullivan - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: ISSUE City HAS AUTHORIZED SPRINGSTED INCORPORATED THE FOLLOWING O NEGOTIATE gpS BASIS: IsSUE oN ITS BEHALF. PROPOSALS WILL BE RECEIVED TERMS OF PROPOSAL $2,000.000 CITY OF LINO LAKES. MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 19988 (BOOK ENTRY ONLY) June 22, 1998, until 11:30 A.M -. Central Time. a is for the Bonds will st received In Incorporated. on Monday. gated Consideration la Place. Suite for award of the the offices of Springsted inwrporated, l35 East Seventh Place. Sude 100. Saint Paul Minn, at th will be opened and tabu Minnesota, after which time they Bonds will be by the City Council at 6:30 P.M., Central Time. of the same day. SUBMISSION OF PROPOSALS submitted to 5pringsted prior to the Proposals may be submitted in a sealed enveloped r b fax (612) 223 -3002 to Springste . Prop coupons, Y time sale. al9. without hail price sp cns ble for submitting to Springsted the final Proposal time of sale. the bidder shall be responsible price and coupons. by telephone (612) 223-3000 afo�the Inability tlof the bidder In the p nn sted will assume liability submitted proposal. Sp 9 purchase the Bonds S rin sted prior to the time of sale specified above. bidder and the � to p that each Proposal regardless deemed f the tmanner f the Proposal bs submitted. regardless DETAILS OF THE BONDS The Bonds will be dated August 1. 1998, as the date nomQngina issue. and will bear Interest e I payable on February 1 and August 1 of earn year. 30-day months. be computed on the basis of a 360 -day y The Bonds will mature February 1 in the years and amounts as foliows: 2009 5135.000 2013 $155,000 2001 $ +15.000 Zoos $120.000 2010 slao,oao 2014 X150.000 2002 s+lo.000 Zoos s120.000 2011 5145,000 2015 s17o.oao 2003 51+0.000 2007 512$.000 2012 $150000 2004 5115.000 2008 5130.000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds ds a and term bonds, provided that no serial bond! may mature nd shall be subject to mandatory sinking fund redemption date of any term bond. schedule set forth above at a price of sinking fund redemption and must conform to the maturity order to designate term bonds. the par plus accrued interest to the date of redemption, ra sal must specify '"Last Year of Serial Maturities" and "Years of Term Maturities' in the spaces provided on the Proposal Form. -i - nI. uanvPn 9 An7uou -woi4 wdVI :E0 86- 61 -keW BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of made to the public. The Bonds will be issued in folly-registered d Hng in each year, eNr'ilt Bond. be Bonds ma aggregate principal amount of the Bonds Trust Company ("DTC''). ill be representing gist d the 3m registered In the creme of Cede & Co. as Nominee of The Depository nt of $5,000 or any multiple thereof of a single w York. New York. which will act as securities depository of the Bonds. individual purchases Ne be made in the principal amou of the Bonds may participants. maturity through book entries made on registrar OTC or lts�n� ae as registered .t be the Principal and interest are payable by the g ents tv p�rt%�parits -.+of_ CMG -we l the Brands. Transfer of principal and ninterest i and payments payments to beneficial owners by responsibility will bit; transfer ib p ' ants will be the responsibility of such participhanBo�ds, whet�rregUite�d to deposit the participants owners. The purchaser, as a condition of delivery t e Bonds with DTC. REGISTRAR The e City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1. 2006, and on any day thereafter, to pfepay Bands due on or r Fe�ary 1. Redemption may be in whole oriin�� and f In part at the maturity option of ahe after to be City and in such manner as the City shall DTC of the particular amount of such maturity called far redemption, the City will notify 0 re aid. DTC will determine by lot the amount of each participant's interest in such maturity to bebe and each participant will then select by be at a price of par oo n rs�ued interest sin such maturity to be redeemed. Ali prepayments shalt SECURITY AND PURPOSE for which the City will pledge its full faith special The Bonds will be general obligations of the City improvements credit and power to levy direct general ad valorem taxes. addition the City used to finance pledge assessments against benefited property. within the City. TYPE OF PROPOSALS Proposals shall be for not less than 51.960,000 and accrued interest on the total principal p i a Good Faith Deposit ("Deposit") in amount of the Bonds. proposers shall be accompanied by ro sat, If a the form of a certified or cashiers check or a Financial ltSurrel Bond in the each pt of $20,000. payable to the order of the City. if a check is used, Incensed to opos such a Financial Surety Bond is used, it must be �tnvedney the � GOS chnbend must be subrr►Rted to bond in the State of Minnesota. and preapp S rin sted Incorporated prior to the opening of the proposals. Financial Surety Surety Surety ond Bond If the identify each underwriter whose Deposit 1s guaranteed y Bond, then that ond. If purchaser �e Bonds are awarded to an sit to using Incorporated Surety the forme than certified fe P M• h�I required to submit Its as Instructed to Sp sted incorporated not later is not 30 Pved be that check or wire transfer as instructed by p n9 Time, thon e the next busies and may be drawn by the City to Deposit tisfy the Deposit deducted a. time, the will Surety B Tee City t al deposit the check accrue the purchaser. the purchaser. in the event the purchaser f can comply with and no interest will p a comply with the accepted proposal, said amount will be retained by the C'ty- proposal 11 mi • 1 oic_i M AV>'1 A 41171JIJa1 —WOJ. wdg1:EO 86- 61 —AEN be w lthdrawn or amended after the time set for receiving �setl proposals unless h to another date City scheduled for award of the sands is a Jour , without award, of the Bonds having been made. Rates shall be in of the same maturity shall of 11sl0 or 118 r t of 1 from the date of the Bonds to he date of maturity. No conditional proposals will be rate fro accepted. AWARD ativn of the interest rate of each proposal. in The Bonds will be awarded on the basis of a lowest Interest rate to be determined on a true Interest cost (TIC) basis. ��City's iu be prontrolling. accordance with customary p pal or of The City will reserve the right to: nand award of Informalities (ii) reject alpproposals matters relating to the receipt of proposals without cause, and. (111) reject any proposal which the City determines to have Taped to comply With the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond Insurance or commitment therefor at the option of the underwriter. the purchase of any such insurance policy or the on Issuance of any such commitment shall be at the sole eonlds resulting from such purchaser of the Bonds. Any increased costs of issuance of insurance shall be paid by the purchaser, except that. If they it has requested an oreceived a rating on the Bonds from a rating agency, the City pay fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after t Bonds purchaser tbeen ccept delivery the on purchaser shall not constitute cause for failure or by the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP any Bond bnor any strop with respect Bonds. but neither the failure to print such numbers an thereto will constitute cause for failure or refusal by the p urchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUsiP identification numbers shall be pald by the purchaser. SETTLEMENT Within 40 days following the date of their award the Bt n and will be purchaser. delivered without to the purchaser bjec to receipt a place by mutually seraof a tapproving legal opinion of Kennedy & Graven. Chartered of Minneapolis, Minnesota, and of customary subject to rt by closing papers. rs, including a no-litigation g p certificate. On the date of settlement payment for the Bonds yso alrts designee not later or equivalent. funds which shall be received at the offices for the Bonds shall 12:00 Noon. Central lime. Except as compliance With the tern's of payment have been made Impossible by action of the City, or its agents, the purchaser shall be liable to the City for arty loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. nt'e IeP,111 U7AN17n A 11UMMI_.WOJ J WdC I : cf1 PR -R I -Real CONTINUING DISCLOSURE In accordance with SEC Rule 1502-12(b)(5), tn �C'�po�s and notices pursuant to events. A awarding sale of the Bonds, to provide to purchase of this undertaking is onditioned upon Orecceivinga evidence of thus undertaking at or to purchase the Bonds will prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation i ffiaal an Statement will Statement a nearly-final containing Information relative to the Bonds. and Statement within the meaning of Statement iorc the additional tintormationhprine to Commission. sa eany For copies of the Official State prospective purchaser Is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100. Saint Paul, Minnesota 55101, telephone (612) 223-3000_ The Official Statement. when further supplemented by an addendum or addenda specifying the other maturity dates, principal amounts and constitute Ftnal Official Statement " ethe City with any infomtation required by law, shall awarding the Bonds. as that term Is defined in Rule 15c2 -12. By awa 9 the Bonds to any that, no underwriter or underwriting syndicate submitting a proposal therefor, the City agrees than seven business days after the ica e to fwh h award. e Bonds are provide wardedd 80 copies of the senior managing underwriter of the y notes the Official Statement and the addendum or addenda described above. The City designates senior managing underwriter of the e syndicate to Sita a the ent to Bonds each Participating ed Underwriter. Any purposes of distributing copes of the Underwriter delivering a proposal ha 1 accept such designation and ) It shall thereby nt that a proposal is accepted by the City Cl contractual relationship � ta�l Pa!t Underwriters Statement. ses of assuring receipt by each such Participating Underwriter of the Final BY ORDER OF THE CITY COUNCIL Dated May 26, 1998 nircicc/fn -iv - /s/ Marilyn Anderson Clerk/treasurer uanvvn Inauov -woJ4 wd91 :E0 86 -61 -4E101 AGENDA ITEM NO 4A STAFF ORIGINATOR Pete Kluegel, Building Official DATE May 19, 1998 TOPIC Consideration of SAC Refund Letter BACKGROUND: The City Council is aware that SAC collected from some Lino Lakes residents as part of their building permits and sent to the Metropolitan Council has been returned to the City by the Metropolitan Council. The Council has directed that a letter be written to these residents telling them that they may request a refund of the original SAC payment plus interest. I have drafted a refund letter with the assistance of the City Clerk and the Finance Director. I am requesting authorization from the City Council to mail the letter to the affected residents. OPTIONS: 1. Adopt a motion approving the refund letter as presented. 2. Adopt a motion approving the refund letter with amendments. 3. Return to staff for a complete revision. RECOMMENDATION Option No. 1 May 12, 1998 Dear Homeowner, At the time the City issued a building permit for your home, a SAC (Sewer Availability Charge) fee was collected with the permit fees. The City remitted the SAC fee to the Metropolitan Waste Control Commission. It was later determined that since your property is not in the MUSA (Metropolitan Urban Sewer Area) it will not receive sanitary sewer services until sometime in the future. Therefore, Metropolitan Waste Control Commission reimbursed the City for the SAC fees that they collected for your home. The City is now in the process of returning the SAC fees to the property owners if they so desire. The fees vary according to the year it was collected. The SAC paid for your property plus 4% interest is $ . You may request reimbursement of this fee by completing the enclosed form and returning it to the city hall. If you elect to request the return of your SAC fee, you will be required to pay the full SAC fee that is applicable in the year your property is connected to sanitary sewer. The SAC fee for 1998 is $1,000.00 and the fee increases each year. If you do not request the return of your SAC fee, the City will hold the fee and pay the full amount of SAC to the Metropolitan Waste Control Commission at the time you hook up to sanitary sewer services regardless of what was originally paid for your property. Please review this letter carefully and then let us know in writing what you wish to do with your SAC fee. If we do not hear from you, the SAC fee will remain with the City until such time your home is connected to sanitary sewer. If you have further questions, please feel free to call myself or Marilyn Anderson, City Clerk at 464 -5562. Respectfully, Peter Kluegel, Building Official AGENDA ITEM NO. 4B STAFF ORIGINATOR Pete Kluegel, Building Official DATE May 19, 1998 TOPIC Consideration of the First Quarter Building Department Report BACKGROUND: Attached you will find the first quarter report from the Building Department. I will review this report for the Council. OPTIONS: 1. Adopt a motion approving the first quarter Building Department report as presented. 2. Adopt a motion to return to staff for further information. RECOMMENDATION Option No. 1 MEMORANDUM DATE: May 19, 1998 TO: Kim Sullivan, Mayor Andy Neal, Councilmember John Bergeson, Councilmember Caroline Dahl, Councilmember Chris Lyden, Councilmember Dave Pecchia, Interim City Administrator FROM: Pete Kluegel, Building Official RE: First Quarter Building Report A total of 76 building permits were issued through March 31, 1998. Total construction value was $8,699,334. This compares with the first quarter of 1997 at 62 total permits with a valuation of $5,083,290. 32 new single family dwelling permits have been issued in 1998. This total includes 5 town house units and 2 mobile homes. In the commercial area a 894,000 permit for the C- Store, 7090 21st Avenue has been issued. The industrial sector had 4 building permits totaling 2,700,000 issued. These projects include office warehouse property buildings on Apollo Drive $440,000. Noltec office manufactured warehouse addition on Apollo Drive $600,00. Moline Concrete addition $1,500,000 Lilac Street and Schwing America Remodel Otter Lake Drive. Two institutional building permits, middle school equipment garage $24,600 and Lion Lakes Elementary on Main Street, $25,000 Interior Remodel were issued during the first quarter. Construction activity remains very strong and I anticipate a larger building year than 1997. 1189 Main Street • Lino Lakes, Minnesota • 55014 Phone/TDD: 612 -464 -5562 • Fax: 612 -464 -4568 4TH QUARTER 3RD QUARTER 2ND QUARTER 1ST QUARTER CO CO CA N ap CO LC) EA- O O O � J J 2 u_ COMMERCIAL O O O CT) co EA- INSTITUTIONAL CD CO CO O CO CO d- O Vf) ~ N CT O CO CO CO 0) ti CO CO E Ef Ef) INDUSTRIAL O O O O N CO CO CO CA Cr) Ef3 O EH TOTAL VALUE 1998 FIRST QUARTER VALUE OF NON - RESIDENTIAL BUILDINGS JANUARY - MARCH Commercial Industrial C -Store - $894,000 Fogerty - $440,000 Nol -tec - $600,000 Moline - $1,500,000 Schwing - $160,000 Institutional Middle School Equip. Garage - $24,600 Elementary School Remodel - $25,000 CITY OF LINO LAKES BUILDING PERMITS - 1997 4TH QUARTER 3RD QUARTER 2ND QUARTER 1ST QUARTER as �,a C/Dw w COMMERCIAL INSTITUTIONAL O M VD c1 N 00 Vl 00 •71"9 CN1 *INDUSTRIAL M N o N 00 669 0 * AGENDA ITEM 5A -1 STAFF ORIGINATOR: Brian Wessel DATE: 5/26/98 TOPIC: Consideration of Resolution No 98 -72, Accept Bids and Award Contracts for Bid Package No. 1, Civic Complex BACKGROUND: Bid Package No. 1 for the Lino Lakes Civic Complex includes earthwork, site utilities, footings and foundations, and the ordering of steel. Adolfson & Peterson (A &P), the construction manager, has separated the bid packages so that construction can begin and the deadline for the Early Childhood Center can be met. Adolfson & Peterson supervised the opening of the bids on Wednesday, May 13, 1998 at 2 p.m. at city hall. The second bid package on the Civic Complex will go out in June. The lowest responsible bidders for Bid Package No. 1 are as follows: Earthwork: Veit & Company 1400 Veit Place Rogers, MN 55374 $88,750 Site Utilities: Glenn Rehbein Excavating $33,995 8651 Naples St. NE Blaine, MN 55374 Concrete /Masonry: Crosstown Masonry 1322 159th Ave. NE Ham Lake, MN 55304 $166,500 Structural Steel: Premier Construction Systems $53,470 11238 Pheasant Lane Maple Grove, MN 55369 These proposals would bring the cost for Bid Package No. 1 to $342,715, which is in line with current budget estimates. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -72 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR BID PACKAGE NO. 1, THE CIVIC COMPLEX WHEREAS, pursuant to an advertisement for bids for earthwork, site utilities, concrete /masonry and structural steel, materials only, for the Civic Complex; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name: Amount of Bid Earthwork: Veit & Company Imperial Developers Don Zappa Construction Glenn Rehbein Consuiuclion Julian M. Johnson Construction Frattalone Construction Site Utilities: Glenn Rehbein Excavating Penn Contracting J.B. Diggers Nova Frost, Inc. Ro -So Contracting Industrial Utilities, Inc. St. Paul Utilities, Inc. Julian M. Johnson Construction Concrete & Masonry: Crosstown Masonry Stellar Concrete & Masonry Cam -Co, Inc. Maertens - Brenny Construction Co. Sheehy Construction Co. Kellington Construction, Inc. $88,750.00 $112,600.00 $119,149.00 $120,405.00 $123,750.00 $142,500.00 $33,995.00 $36,800.00 $37,123.00 $37,750.00 $37,750.00 $37,800.00 $38,401.00 $43,997.00 $166,500.00 $179,800.00 $184,900.00 $206,300.00 $211,700.00 $218,000.00 James Steele Construction Spraugel Construction, Inc. Scandy Concrete, Inc. Structural Steel - Material only: Premier Construction Thumbeck Steel Fabrication, Inc. Five Star Welding, Inc. Listul Industries, Inc. Bergh's Fabricating, Inc. American Structural Metals Daka Corp. $220,500.00 $227,000.00 $399,200.00 $53,470.00 $59,263.00 $62,500.00 $63,468.00 $63,500.00 $66,365.00 $68,000.00 AND WHEREAS, it appears that Veit & Company, Rogers, Minnesota, is the lowest responsible bidder for earthwork; and Glenn Rehbein Excavating, Blaine, Minnesota, is the lowest responsible bidder for site utilities; and Crosstown Masonry, Ham Lake, Minnesota, is the lowest responsible bidder for masonry and concrete; and Premier Construction Systems of Maple Grove, Minnesota, is the lowest responsible bidder for structural steel - material only; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the contracts with Veit & Company of Rogers, Minnesota, Glenn Rehbein Excavating of Blaine, Minnesota, Crosstown Masonry of Ham Lake, Minnesota, and Premier Construction of Maple Grove, Minnesota, in the name of the City of Lino Lakes for Bid Package No. 1 for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file in the office of Adolfson & Peterson, Inc., construction manager for the Civic Complex. 2. Adolfson & Peterson, Inc. 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 Council of the City of Lino Lakes this 26th day of May, 1998. James Steele Construction Spraugel Construction, Inc. Scandy Concrete, Inc. Structural Steel- Material only: Premier Construction Thurnbeck Steel Fabrication, Inc. Five Star Welding, Inc. Listul Industries, Inc. Bergh's Fabricating, Inc. American Structural Metals Daka Corp. $220,500.00 $227,000.00 $399,200.00 $53,470.00 $59,263.00 $62,500.00 $63,468.00 $63,500.00 $66,365.00 $68,000.00 AND WHEREAS, it appears that Veit & Company, Rogers, Minnesota, is the lowest responsible bidder for earthwork; and Glenn Rehbein Excavating, Blaine, Minnesota, is the lowest responsible bidder for site utilities; and Crosstown Masonry, Ham Lake, Minnesota, is the lowest responsible bidder for masonry and concrete; and Premier Construction Systems of Maple Grove, Minnesota, is the lowest responsible bidder for structural steel - material only; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the contracts with Veit & Company of Rogers, Minnesota, Glenn Rehbein Excavating of Blaine, Minnesota, Crosstown Masonry of Ham Lake, Minnesota, and Premier Construction of Maple Grove, Minnesota, in the name of the City of Lino Lakes for Bid Package No. 1 for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file in the office of Adolfson & Peterson, Inc., construction manager for the Civic Complex. 2. Adolfson & Peterson, Inc. 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 Council of the City of Lino Lakes this 26th day of May, 1998. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member _._ . and upon-vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 26, 1998. Marilyn G. Anderson, Clerk - Treasurer MAY -19 -98 TUE 11:33 AM ADOLFSON & PETERSON aP Adolfson & Peterson Construction "Total Construction Services" 6701 West 23rd Street Minneapolis, Minnesota 55426 (612) 544 -1561 Tuesday, May 19, 1998 FAX NO. City of Lino Lakes 1 189 Main Street Lino Lakes, MN 55014 Re: Bid Package No. 1 - Lino Lakes Civic Complex P. 01 Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55440 FAX (612) 525 -2333 Ladies and Gentlemen: Attached are the results of the May 13, 1998 Bid Opening for Bid Package No. 1 - Lino Lakes Civic Complex, which was held at 2:00 p.m. at the City Offices. with how Our estimate for this portion of the project was in the area contractors 000, so I forueach pleased category and the bids came in. l have been in contact with the apparent low bid am confident that they understand the scope of work associated with their prop ors and contract. edolfson r Peterson, con actsbe awarded to the following Bidders: recommend contracts & Company $ 88,750.00 14000 Veit Place Rogers, MN 553'74 Bid Category #2A - Earthwork Work to include Site clearing, Site preparation, building earthwork, grading, excavating, backfilling, slope protection, erosion control and foundation drainage Systems. Bid Category #2C - Site Utilities Work to include slope protection and erosion control, domestic water system, storm sewer and sanitary sewerage system Bid Category #4A - Concrete/Masonry Work to include cast-in-place concrete, unit masonry and sheet membrane Waterproofing. Glenn Rehbein Excavating 8651 Naples St. NE Blaine, MN 55449 -6724 Crosstown Masonry 1322 159th Ave. NE Ram Lake, MN $5304 $ 33,995.00 $166,500.00 • MAY -19 -98 TUE 11:34 AM ADOLFSON & PETERSON Bid Category #5A - Structural Steel Work to include structural steel - Materials only FAX N0. Premier Construction Systems 11238 Pheasant Lane Maple Grove, MN 55369 P. 02 S 53,470.00 If these proposals are accepted by the City of Lino Lakes, that would bring the cost for Bid Package No. 1 to $342,715.00, which is in -line with our current budget estimates. s i Due to the critical additional of our schedule, I would like to issue letters of intent, as soon as information, or have any questions or concerns, p lease don't hesitate to contact me. Sincerely, AD LFSON PETERSON, INC. Scott Johnson, Construction Manager cc: Francis Bulbulian Craig Kronholm Chris Denkinger File Attachment kr 9:34 FAX ADOLFSON & PETERSON X002 LINO LAKES CIVIC COMPLEX Bid Package #1 May 13, 1998 Bid Opening Bid Category #2A - Earthwork. Veit & Company Imperial Developers Don Zappa Construction Glenn Rehbein Excavating Julian M. Johnson Construction Frattalone Construction Bid Category #2C - Site Utilities Glenn Rehbein Excavating Penn Contracting J.B. Diggers Nova Frost, Inc. Ro -So Contracting Industrial Utilities, Inc. St. Paul Utilities, Inc. Julian M. Johnson Construction Bid Category #4k - Concrete &.Masonry Crosstown Masonry Stellar Concrete & Masonry Cam -Co, Inc. Maertens- Brenny Construction Co. Sheehy Construction Company Kellington Construction, Inc. James Steele Construction Scandy Concrete, Inc. Bid Category #5A - Structural. Steel - Material Only Premier Construction Thurnbeck Steel Fabrication, Inc, Five Star Welding, Inc. I,istul Industries, Inc. Bergh's Fabricating, Inc. American Structural Metals Daka Corp. Base Bid $ 88,750.00 $112,600.00 $119,149.00 $120,405.00 $123,750.00 $142,500.00 $ 33,995.00 $ 36,800.00 $ 37,123.00 $ 37,750.00 S 37,750.00 $ 37,800.00 $ 38,401.00 $ 43,997.00 $166,500.00 8199,800.00 $184,900.00 $206,300.00 $211,700.00 $218,000.00 $220,500.00 $399,200.00 $ 53,470.00 $ 59,263.00 $ 62,500.00 $ 63,468.00 $ 63,500.00 $ 66,365.00 $ 68,000.00 AGENDA ITEM 5A -2 STAFF ORIGINATOR: Brian Wessel DATE: 5/26/98 TOPIC: Consideration of Interior Design Contract, Civic Complex BACKGROUND: On February 23, 1998 the city council authorized the city attorney to negotiate a contract with The Leonard Parker Associates (TLPA) for interior design services for the Civic Complex. Staff recommended the approval of TLPA over other proposals because of TLPA's familiarity with the project and the budget, their strong interior design staff, and their demonstrated level of commitment to the entire project. The Leonard Parker Associates fee proposal is $41,800 (see attached). The city is presently at the point in the project schedule where approval of the interior design contract is appropriate and necessary. OPTIONS: 1. Approve the contract for interior design services from The Leonard Parker Associates. 2. Return to staff for further consideration RECOMMENDATION :. Option 1 Abbreviated Form of Agreement for Interior Design Services AIA Document B177 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Portions of this document are derived from AIA Document B171, Standard Form of Agreement for Interior Design Services, copyright 1977, copyright 1990 by The American Institute of Architects and The American Society of Interior Designers, and AIA Document B727, Special Services Agreement, copyright 1972, 1979, copyright 1988 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006 -5292. Material in AIA Document 13177 differing from that found in AIA Documents 13171 and 13727 is copyrighted 1980, copyright 1990 by The American Institute of Architects and The American Society of Interior Designers. Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA and ASID violates the copyright laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the twenty -fifth day of February in the year of Nineteen ninety -eight (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 and the Architect: (Name and address) The Leonard Parker Associates, Architects, Inc. 430 Oak Grove, Suite 300 Minneapolis, MN 55403 For the following Project: (Include detailed description of Project, location, address and scope). Interior Design Services for Lino Lakes Civic Complex: City Hall and Police Station Town Center Parkway Lino Lakes, MN The Owner and the Architect agree as set forth below. ARTICLE 1 ARCHITECTS SERVICES AND RESPONSIBILITIES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 12.) SCOPE OF SERVICES: Interior Design Services for Lino Lakes Civic Complex City Hall and Police Station. 1. SCHEDULE. Develop schedule of critical dates. Identify dates for workshops and presentations. 2. PROGRAM VERIFICATION. One meeting to review program for each building in order to micro - program each space. AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C„ 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSEI IS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177-1990 3. SPACE PLANNING. Develop and review interior layouts. 4. MATERIALS, FINISHES AND FURNITURE. Develop design concepts. Research appropriate furniture, furnishings, materials, colors and finishes that reinforce concepts. Arrange for client to "test- drive" seating. Prepare loose laid palettes and presentation boards with options for material for review by client. Investigate state contracts for furniture. One meeting and one final presentation. 5. CONTRACT DOCUMENTS. Drawings and specifications for bidding process. _Deliverables include: Room Finish Schedule; Color Schedule and specifications for interior finishes; Finishes Reference Book (one copy per each building). 6. BIDDING/NEGOTIATION. Invitation to bid. Addendums. Review and approve of alternates as appropriate. Bid Tabulation. Review bids. Recommend contract award. Coordinate ordering furniture and furnishings. 7. COST ESTIMATES. Included in scope are budget estimate at the completion of schematic design; cost estimate at the completion of design development; estimate update at 80% construction documents. 8. SIGNAGE. Interior signage in coordination with architectural and interior concepts. Specifications. 9. COORDINATE INSTALLATION. AIA DOCUMENT BI77 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - AS1D - AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the without violation until the date of expiration as noted below. - COPYRIGHT 1990 - THE COPYRIGHT 1990 - THE Unlicensed photocopying AIA and can be reproduced TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 ARCHITECTS DISCLOSURE AND SPECIAL RESPONSIBILITIES 2.1 Except with the Owner's knowledge and consent, the Architect shall not (1) accept trade discounts, (2) have a significant financial interest, or (3) undertake any activity or employment or accept any contribution, if it would reasonably appear that such activity, employment, interest or contribution could compromise the Architect's professional judgment or prevent the Architect from serving the best interests of the Owner. 2.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 2.3 The Architect shall not have control over or charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, fabrication, procurement, shipment, delivery or installation, or for safety precautions and programs in connection with the Work, since these are solely the Contractors' responsibility under their respective Contracts. The Architect shall not be responsible for the Contractors' schedules or failure to carry out the Work or to meet their schedules for delivery or completion in accordance with the Contract Documents. 2.4 Unless otherwise provided, the Architect's duties shall not extend to the receipt, inspection and acceptance on behalf of the Owner of furniture, furnishings and equipment at the time of their delivery to the Project premises and installation. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 The Owner shall provide full information regarding requirements for the Project. 3.2 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 3.3 The drawings, specifications, services, information, surveys and reports provided by the Owner pertaining to the Project shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 3.4 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of- any- fault or - defect in the Project or nonconformance with the Contract Documents. 3.5 The proposed language of certificates or certifications requested of the Architect or the Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 3.6 The Owner shall provide suitable space for the receipt, inspection and storage of materials, furniture, furnishings and equipment. ARTICLE 4 COST OF THE WORK 4.1 DEFINITION 4.1.1 The Cost of the Work shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect, including the costs of the Contractors' management or supervision of construction or installation. 4.1.2 The Cost of the Work shall include the cost at current market rates of labor, materials, furniture, furnishings and equipment furnished by the Owner, and equipment designed, specified, selected or specially provided for by the Architect, including the costs of the Contractors' management or supervision of construction or installation, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable amount for contingencies shall be included for market conditions at the time of bidding and changes in the Work during the Contract Administration Phase. 4.1.3 The Cost of the Work does not include the compensation of the Architect and Architect's consultants, the cost of financing or other costs which are the responsibility of AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177 -1990 User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #3 the Owner as provided in Article 3. 4.2 RESPONSIBILITY FOR THE COST OF THE WORK 4.2.1 The Architect does not warrant or represent that bids or negotiated prices will not vary from the estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RIM.SPECT_. T) a_ 3TS -- COMPLETION OR - -- MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 4.2.2 No fixed limit of the Cost of the Work shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, furniture, furnishings and equipment, finishes, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Cost of the Work to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contracts 4.2.3 If a fixed limit of the Cost of the Work is exceeded by the lowest bona fide bids or negotiated proposals, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 7.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 4.2.4 If the Owner chooses to proceed under Clause 4.2.3.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of the Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. ARTICLE 5 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of - the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be perm itted -to- retain- copies; .-_ .. - -- including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 6 ARBITRATION 6.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or " relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Architect and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. AIA DOCUMENT B 177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177 -1990 User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #4 6.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 6.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice- to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.7. 7.7 Termination Expenses are in addition to the Architect's compensation, and include expenses which are directly attributable to termination. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Architect. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, and in AIA Document A271, General Conditions of the Contract for Furniture, Furnishings and Equipment, as appropriate, current as of the date of this Agreement. 8.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction and installation, except such rights as they may have to the proceeds of such insurance set forth in the editions of AIA Document A201, General Conditions of the Contract for Construction, and AIA Document A271, General Conditions of the Contract for Furniture, Furnishings and Equipment, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 8.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.6 This Agreement represents the entire and integrated AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177-1990 User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #5 agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8.8 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project premises, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 9 REIMBURSABLE EXPENSES 9.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Subparagraphs: .1 expense of transportation and living expenses in connection with out -of -town travel authorized by the Owner; .2 long- distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 renderings, models and mock -ups requested by the Owner; .7 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and 12.2 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: .9 expense of computer -aided design and drafting equipment time when used in connection with the Project. ARTICLE 10 ARCHITECT'S ACCOUNTING RECORDS 10.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. • ARTICLE 11 PAYMENTS TO THE ARCHITECT 11.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 9, shall be made monthly upon presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 11.2 An initial payment as set forth in Subparagraph 12.2.1 is the minimum payment under this Agreement. ARTICLE 12 COMPENSATION 12.1 DEFINITIONS 12.1.1 COST OF THE WORK If the Cost of the Work, as defined in Subparagraph 4.1.1, is the basis of the Architect's compensation, the cost of reused materials and equipment shall be determined as if purchased new for the Project, and shall include a reasonable allowance for overhead and profit. 12.1.2 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177 -1990 User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #6 12.2.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article I, Architect's Services and Responsibilities, shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to which particular methods of compensation apply, if necessary.) Compensation for Services shall be $41,800.00, lump sum. Compensation is based on a percentage of the Cost of the Work, so progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: Design Development Phase: Contract Document Phase: Contract Administration Phase: TOTAL BASIC COMPENSATION: Twenty percent (20 %) Twenty-five percent (25 %) Forty -five percent (45 %) Ten percent (10 %) One hundred percent (100 %) HOURLY RATE COMPENSATION: Hourly rate compensation shall apply to Additional Services. with the following schedule: Architectural Interiors: Sara Weiner Colleen Nelson Drafter Virginia Pappas $70.00 $70.00 $50.00 $49.00 Rates of compensation shall be in accordance 12.2.3 FOR REIMBURSABLE EXPENSES, as described in Article 9, and any other items included in Article 13 as Reimbursable Expenses, a multiple of one (1. ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 12.2.4 Payments are due and payable thirty (30 ) days from the date of the Architect's invoice. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 6% (Usury laws and requirements under the Federal Truth in Lending Act, similar slate and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.) 12.2.5 IF THE SERVICES covered by this Agreement have not been completed within ( ) months of the date hereof, through no fault of the Architect, the amounts of compensation shall be equitably adjusted. Insert A: NOT APPLICABLE ARTICLE 13 OTHER CONDITIONS NOT APPLICABLE. This Agreement entered into as of the day and year first written above. OWNER RCHITECT rfif efS (Signature) (Printed name and title) OWE P I l/h4( 4-AM AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIO DESIGN SERVICES - 1990 DITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., ASHINGTON, D.C., 2000 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AV UE, N.E., WASHINGTO , D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177 -1990 User Document: 9717INT.DOC -- 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 -- Page #7 AGENDA ITEM 5 B (1 & 2) STAFF ORIGINATOR: Mary Kay Wyland DATE: 5/20/98 TOPIC: Collova Addition, Rezoning and Interim MUSA Reserve (Ordinance No 07 -98 regarding the rezone and Resolution-Na-98 -69 regarding Interim MUSA) BACKGROUND: This case originally involved a preliminary plat for six (6) single family lots, a rezone from Rural to R -1, and a request for Interim MUSA Reserve for the property known as 250 and 260 Linda Avenue. 250 Linda Avenue was rezoned and given Interim MUSA Reserve by the City Council in the Fall of 1997. This request would involve a replatting of that previously approved request. Staff suggested that the rezone and Interim MUSA Reserve portion of this request be expanded to include all of the property on the north and south side of Linda Avenue between Hodgson Road and Laurene Street. The individual property owners were notified and no objection has been received to a rezone or Interim MUSA Reserve designation on these additional properties other than the desire of the property owners to be Zoned R -1X. I have enclosed past planning reports for Council information that discuss the preliminary plat in more detail. The Planning and Zoning Board held a public hearing on this matter at their March, 1998 meeting. At that time the public hearing was closed and the matter tabled to allow the applicant time to meet with the neighborhood and make some revisions to the grading plan. At the May meeting of the P & Z, following discussion by the staff, developer, neighborhood (including a petition from the adjoining property owners indicating they would prefer and R -1X zoning designation to the origianlly requested R -1), and questions from the P & Z, the Board recommended approval of a rezone from Rural to R -1 X and the allocation of Interim MUSA Reserve for the property on both sides of Linda Avenue between Hodgson Road and Laurene. The preliminary plat was tabled to the June 10th P & Z meeting to allow the applicant time to redraw the plat to meet the R -1X Zoning Requirements. The P & Z indicated that a redrawn plat would be acceptable provided it met the original conditions outlined in the staff report and the R -1X minimum lot and area requirements. NOTE: a redrawn plat will most likely contain only five (5) single family lots. The applicant is now asking for Council approval of a Rezone from Rural to R -1X Single Family and allocation of Interim MUSA Reserve. The rezone request is recommended to apply to all of Lots-1,- 2, 3, and 4 of Block 2, Arthur :E_T.om.Addition, and Lots 47 and 48,_BJock 1, Arthur E Thom Addition. The Zoning Ordinance provides as follows: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1... The : proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 4. Traffic generation by the proposed use is within capabilities of streets serving the property. The Planning and Zoning Board recommend approval of the Rezone from Rural to R -1X Single Family. ALLOCATION OF INTERIM MUSA RESERVE: Interim MUSA Reserve has already been applied to Lots 5 and 6 of the new plat. The Planning and Zoning Board also recommended approval of the allocation of 5.8 Gross Acres of Interim MUSA Reserve to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thom Addition, and Lots 47 and 48, Block 1, Arthur E. Thom Addition. Attached for your review is the criteria established for the allocation of Interim MUSA Reserve. We believe this criteria can be met in regard to this allocation. OPTIONS: 1. Adopt the First Reading of Ordinance No. 07 -98 Rezoning the property on both the north and south side of Linda Avenue between Hodgson Road and Laurene to R -1X Single Family Residential (Ordinance to be provided on Tuesday 5/26) 2. Adopt Resolution No. 98 -69 Designating Interim MUSA Reserve on the property north and south of Linda Avenue between Hodgson Road and Laurene. 3. Return to staff for further consideration. RECOMMENDATION: Option 1 and Option 2 Enclosed for Counicl Review: Staff report from 5/20 Location Map Revised - Preliminary Plat (to be further revised to meet R -1X requirements) Portion of Zoning Map highlighting area to be rezoned Interim MUSA Reserve Criteria March 11th and May 13th P & Z Minutes Staff report from 5/8 Staff report from 2/27 l 110•0010000 01 1.40% S3u3V IW•11 -3 101H110 'L g'..e 'o a c •w3 7101/ 411113530 3►031 0 10 0 0 n 0 SCALE: 1 INCH = 20 FEET of L. 1J 21 saoaanans arm '0NId3AHI1S 17Nd7—All t` ( ,�+il .3130A'M/ BO! 1 2 heli A� I —J Q z 11 a VC fi;i;;3 i NO/lY7ldllN37 s.N0.43AIlla ii r- 1 ;° gL V b' s • O' 0` O1 — anNaAV EN ?1f V'I _ - - - - b4'OFZ - - -- 4 co L C ; v a n rs 4 co — 1 I i — � O — 6p —— p y V tt •0 y 4o...". .4-:\ ooso �` / 1 I lA■ i tr \I I % 1' N w co I d — '4, - `I o �N mm C ® ® ® ® 0 00-s£1, L7. «\ _ SL'6ZZ X —E `�/ ® ® ®Irszz =° ( i 0. I �(). 00 ®' c'k I - �� J Cr) cn -.T ' ' x i♦ ® V.O ♦_., X '�/ I Z nl I i s �° 02, 1 r 1 O, - , n mII o" I I r<L. I4'46 x a 0 a O c0 0 V`v 44 1 - .+°® oi / —1 1 I 1 I; X11 I' II I - II '' O ; i I. F. IW m 16 I0. Is f __,, °° —1i_ S■ • . I a" 1 o I °o I a I �%$ 10'S£I s o al \ 4 x .''c y Al;. cil , --i_ , O I I � \. ii r- 1 ;° gL V b' s • O' 0` O1 — anNaAV EN ?1f V'I gag Mae • ra M MI 47 //fiVartSagafr 44n\ ZWEgerarl /Asimemagand ASESMIERM 'Amenazonatim, ANIREIVIIROViipignprAl, • P7:41E02ENA,--Vr.i /61EBEEMMEIM MEE /%grrmaszergi:, NIERES7/111 MWR,.-44•1N '- •iSMELEMBE .- - — - 17 imiusolita UtIMORISi Ara .....=17 atitteAUSGrA 11- MI in %POMO" rr lira ' .414151 INTERIM MUSA RESERVE CRITERIA The Metropolitan Council recently approved the allocation of 150 net acres of MUSA Reserve to the City of Lino Lakes to be allocated to properties located south and east of the Rice Creek Chain of Lakes Regional Park Reserve. These 150 net acres are intended to be allocated on an interim basis through 1997 -98. Application of Interim MUSA Reserve shall be subject to the following: 1. An application for MUSA Reserve shall be considered at time of Preliminary Plat Approval and allocated at time of Final Plat following completion of a development agreement and posting of financial guarantees. 2. The property in question shall be zoned R -1 or R -1X or a rezoning application be in process in conjunction with the preliminary plat. 3. The property in question must be immediately adjacent to existing MUSA. 4. MUSA Reserve shall be allocated to net buildable acres. 5. Development of the property must be considered a natural utility extension. 6. Development of the property must be considered a natural extension of existing roadways. 7. Development of the property shall not adversely affect the health, welfare, and general safety of the community. 8. Development of the property shall be environmentally compatible with the surrounding area. 9. Development of the property shall be consistent with the City's Comprehensive Park Plan. 10. MUSA Reserve shall be allocated only to properties located within Sewer District 1, 4s, 6 and the Behm's Century Farms Development within Sewer District No. 2. MUSA Criteria 11. Development of the property shall be consistent with the City's Comprehensive Sewer and Water Plan. 12. The developer shall demonstrate a commitment to the community. 13. The proposed development shall comply with the City's Infill Policy as outlined by Resolution No. 92 -85. 14. Roadways serving the proposed development shall be determined adequate to handle the additional traffic generated by the proposed development or a financial commitment shall be made by the developer to upgrade said roadway(s). Planning & Zoning Board March 11, 1998 Page 5 Mr. Johnson made a MOTION to approve the site and building plan for the civic complex, Town Center Parkway, pursuant to the conditions presented, and was supported by Mr. Dunn. Motion carried 6 -0. Mr. Dunn made a MOTION to approve the conditional use permit for the civic complex, Town Center Parkway, pursuant to the conditions presented, and was supported by Mr. Johnson. Motion carried 6 -0. B. PUBLIC HEARING, Collova Builders, 250 & 260 Linda Avenue, Rezone, Preliminary Plat and Interim MUSA Reserve Chair Schaps opened the public hearing at 7:12 p.m. Ms. Wyland explained this request by Collova Builders for a rezone, preliminary plat, interim MUSA reserve, and variance for lot depth for the property located on Linda Avenue between Hodgson Road and Lorraine. This property is currently zoned rural, and is outside the MUSA area. This request represents a rearrangement of the July, 1997 approval of a similar request at 250 Linda Avenue, together with the addition of the property located at 260 Linda Avenue. Staff also suggested and published an expansion of this request, which would add Lots 1 and 2, Block 2, Arthur E. Thom Addition, and Lots 47 and 48, Block 1, Arthur E. Thom Addition, such expansion intended to avoid multiple applications in the future. There have been similar inquiries regarding Lot 48. Ms. Wyland added that the current Comprehensive Plan indicates the subject area as single - family residential. Property to the north, east, and west is zoned R -1, and located within the MUSA. Sewer and water utilities are in the street (Linda Avenue) to serve all of these parcels, if requested. The property immediately to the south (Rohavic Oaks) is zoned Rural, with lot areas averaging one acre in size. MUSA reserve for the lots fronting on Linda Avenue would total 5.8 acres. With respect to the preliminary plat, Ms. Wyland explained that this request would create six R -1 single - family building sites from two existing parcels, with lot requirements as follows: Lot width 80 feet Corner lot 100 feet Lot depth 135 feet Lot area 10,800 square feet exclusive of any wetland/watercourse /row All lots meet the minimum frontage and area requirements, with one lot being deficient in depth by 15 feet. Ms. Wyland explained that Staff suggested that Lot 6 could be reduced in width by 30 feet to allow additional depth for Lot 5; however, this may hinder home construction on Lot 6 due to the UPA easement. Should it be determined that the deficiency in depth for Lot 5 is warranted, a variance would be required. Planning & Zoning Board March 11, 1998 Page 6 Staff recommended approval of this preliminary plat, with the following conditions: 1. A grading plan be reviewed and approved by the City Engineer. 2. Permits be obtained from the Rice Creek Watershed District, if required. 3. A wetland delineation be prepared prior to final plat approval. 4. A park dedication fee be submitted based on the requirements of the City subdivision ordinance. 5. A developer's agreement be signed and financial guarantees posted as recommended by the City Engineer prior to final plat approval. 6. A determination is made as to the adequacy of depth for Lot 5. With respect to the rezone, Ms. Wyland explained that this request should apply to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thom Addition, and Lots 47 and 48, Block 1, Arthur E. Thom Addition, as it meets the requirements of the City's zoning ordinance. Ms. Wyland added that the request for allocation of interim MUSA reserve also applies to the aforementioned lots, and would total 5.8 gross acres. She stated that the subject property meets the criteria established for allocation of interim MUSA reserve. Mr. Johnson asked about the apparently insufficient depth of Lots 47 and 48. Ms. Wyland explained that there are homes already existing on these lots. Mr. Herr requested clarification regarding adequate depth for Lot 5. Ms. Wyland explained that this lot meets minimum area requirements. Connie Grundhofer, 235 Linda Avenue, asked how this project would effect her property. Ms. Wyland indicated that there should be no direct effect unless there arose the need to connect to City utilities. A resident then asked if the rezoning would allow for her to subdivide. Ms. Wyland responded that it would. She inquired as to the responsibility for utility hookups in that event, and Ms. Wyland explained that the property owner would be responsible for these hookups. Ms. Bruner asked about treatment of wetlands. Ms. Wyland explained that official wetland delineation would be required. Planning & Zoning Board March 11, 1998 Page 7 Tom Bruner, 270 Linda Avenue, expressed concerned regarding drainage, as his property is on a septic system. Mr. Ahrens responded that an 8" sewer line, which is standard throughout the City, should accommodate the proposed growth. Mr. Ahrens further explained that during growing season a wetlands delineation will be accomplished, which will determine buildable area. Mr. Herr pointed out that typically buildable area is shown in a preliminary plat approval request. Ms. Wyland explained that the existing pond has been delineated, and that the surveyor was confident that there is adequate buildable area. Mr. Ahrens added that the wetlands do not change in area from year to year, regardless of the weather conditions. Mr. Kirmis suggested that approval be conditioned upon determination of ample buildable area on Lot No. 1. Mr. Dunn suggested that this request be postponed pending determination of adequate sewer capacity and wetland delineation. Tony Sampaire, representative of Mr. Collova, stated that there is not intent to go forward with this project if the conditions outlined above are not met. Chair Schaps asked Mr. Sampaire if there is any financial reason why this project must be approved at this time. Mr. Sampaire responded that there is not. but that the developer would like to go forward as soon as possible. Mr. Ahrens added that any sewer capacity issue was addressed through the addition of a new area lift station. However, he added that further investigation of this issue would take place. Mr. Dunn made a MOTION to close the public hearing at 7:37 p.m., and was supported by Mr. Gelbmann. Motion carried 6 -0. Mr. Herr made a MOTION to table this request until such time as adequate sewer capacity, wetland delineation, and adequate buildable area for Lot 5 are determined, and until such time as the applicant has conducted a neighborhood meeting, and was supported by Mr. Johnson. Motion carried 6 -0. C. Lakeland National Bank North/West corner of A olio Drive extended & Lake Drive, Site Plan Review Mr. Kirmis explained that Roger Kolstad has submitted a request to construct a 3,600 - square -foot bank on a + 35,400- square -foot parcel of land located north of the proposed extension of Apollo Drive and west of Lake Drive. The subject site is zoned GB (general business), which includes financial institutions as permitted uses. Mr. Kirmis highlighted MAY. -20' 98 (WED) 14:32 Planning & Zoning Board May 13, 1998 Page 2 ********** *1* * ****** V. ACTION ITEMS TEL:612 421 9511 P.002 A. Collova Builders, Rezone & Preliminary Plat, 250 & 260 Linda Avenue This item had been tabled at the March 11, 1998, Planning and Zoning meeting, after closing the Public Hearing. The actual motion called for tabling the item "until such time as adequate sewer capacity is determined, a wetland delineation is provided, and a neighborhood meeting is held." The City Engineer has determined that adequate capacity does exist in the sewer main serving these properties. The wetland on the site has been delineated and determined to consist of the existing ponding area. A drainage and grading plan has been submitted for review and approval by the City Engineer. A neighborhood meeting was held to discuss concerns of the adjoining property owners. Ms. Wyland explained that this request requires action on three items. The rezoning, the preliminary plat, and the interim MUSA reserve. Tony Sampair, representative for Mr. Collova, explained to the Board that Collova Builders has completed all the items outlined by the Planning and Zoning Board at the March 11, 1998, Planning and Zoning meeting. Mr. Sampair noted that per the neighborhood meeting the proposed lot dimensions had changed. Regarding the wetland delineation, it had been shown that the development would not be a negative impact. The City Engineer has approved the sewer capacity. Collova Builders has received a UPA letter for approval. They have also applied for a permit from the Rice Creek Watershed and should receive the permit by the end of the month. Chair Schaps asked what issues had been discussed at the neighborhood meeting. Mr. Sampair explained that the issues discussed were lot width, maintaining the character of the neighborhood, garage location at 260 Linda Avenue, and drainage. Mr. Sampair stated that their lots far exceeded the square footage and depth requirements of the R -1X zoning, which would in fact maintain the character of the neighborhood. Collova Builders have maximized the lots as much as possible, turning the corner lot around which eliminates the need for a variance. The builder does have a plan regarding the garage location at 260 Linda Avenue. They also have a plan to alleviate the water and drainage problem. Mr. Dunn asked why Collova Builders had withdrawn the offer pursuing the R-1 X rezoning. Mr. Sampair indicated that they had never pursued that option because the proposed square footage far exceeds the lot requirements of R 1X. Mr. Dunn questioned the physical size of the lots and building permits. Mr. Sampair indicated that R 1X zoning involved executive homes and the homes Collova Builders will be building are not priced at an executive level. MAY. -20' 98 (WED) 14:32 Planning & Zoning Board May 13, 1998 Page 3 10000 0000000000(***** TEL:612 421 9511 P. 003 Ms. Wyland explained that the difference in homes regarding R -1 and R -1X is total square footage and split foyers. The minimum square footage for R -1 is 980'. The minimum square footage for R 1X is 1,248'. Ms. Wyland pointed out that the square footage requirements referred to the outside dimensions, exclusive of a garage. Mr. Dunn noted that most homes in this area are zoned R -Xl. Mr. Sampair indicated that Collova Builders can meet the R -X1 requirements. He believes that Collova Builders has done a good job meeting all the requirements the Planning and Zoning Board has specified. He thanked Ms. Wyland and the neighborhood for all of their help and input. Mr. Ahrens, City Engineer, expressed concerns regarding the drainage and asked the project engineer to address this issue. Roger Nelson, project engineer, referred to a map that specified the site location. He stated that the existing streets were in good shape, having no curbs or ditches. He indicated that drainage is currently a problem, especially in the spring. He is proposing a natural high point on Linda Avenue and improving the ditch by making it deeper, going west to south with a culvert under the driveway. Chair Schaps asked if that was the present flow of the drainage. Mr. Nelson stated that basically it was, with overflow occurring in the spring. On the other side they would improve the ditch resulting in direct drainage south to the existing wetland. The internal drainage would be improved by enlarging the pond and creating a new pond to accommodate increased run -off. Mr. Johnson asked where the water would flow after it left the site. Mr. Nelson indicated that the overflow would flow along a ditch running east and trail southward with a culvert. It would connect to a large basin under Lorraine Avenue to the west and then into a County ditch and end up in Baldwin Lake. Mr. Johnson asked where flooding problems were most likely to occur. Mr. Nelson stated that flooding could be a problem in the intersection, but would not affect any homes. He noted that the one home next to the pond currently has a problem with water on the lawn. Mr. Corson questioned when the flooding would occur. Mr. Nelson said that anything beyond a 100 year storm would flood. Mr. Trehus asked how much additional run-off will be generated due to the new homes. Mr. Nelson explained that approximately 6,000 cubic feet of additional nun -off would occur. Mr. Trehus inquired about creating a storage area on site. Mr. Nelson stated they excavate the site and area of ponds and keep the bottom of the excavation slightly above the pond level. He advised they took credit for any new storage created in the pond areas. MAY. -20' 98 (WED) 14:33 Planning & Zoning Board May 13, 1998 Page 4 # # # # #tttt #tk #t tic* tt# TEL:612 421 9511 P. 004 Mr. Schilling asked if the storage area would be designed to only to handle the additional run -off or much more flooding. Mr. Nelson indicated it would be designed for only the additional run -off, they would not make it any larger than necessary. Mr. Ahrens stated that the improvements Mr. Nelson described would improve the current drainage on the streets. He is concerned about the additional run=off that.wouldi generated from more housing. He would like to see the evidence that there would be no net increase of run -off. Chair Schaps asked for brief comments from any citizens in the audience who wished to express their opinion regarding the project. Trudie Bruner, 270 Linda Avenue, stated that the drawings Collova Builders had presented were incorrect. She referred to a map of the current development. She believes that R -1 is not consistent with the area. The project would triple the density of homes in the area. She is also concerned with tearing down of many trees, smaller frontages than the area currently has, sewer, and drainage. Ms. Bruner indicated that smaller frontages would be totally inconsistent with the neighborhood. Although everyone in the area is using a septic system, they do not want to eliminate the option of hooking up to sewer. She would like to keep the rural look of the area. Ms. Bruner referred to a petition regarding the project, noting that no one had refused to sign it. Tom Bruner, 270 Linda Avenue, stated that his main concern regarding the project was water management. He believes that the soil would not be able to soak up the additional run-off and pond overflow. He stated that the culverts were designed for a small area only. Mr. Bruner indicated he owned one of the ponds, and the culvert put in 15 years ago was basically a 10" PVC pipe, meant for the trail only and would not accommodate the whole block Currently, the ponds take approximately one month to return to the normal level after a rainfall. The proposed pond in the rear of the development will overflow into the two ponds that already overflow. He asked that the Board take his concerns into consideration. Peter Rosenthal, 288 Rohavic, stated that he also owned one of the ponds. He feels that if the City approves the R -1 zoning, it would have a negative impact making the street more rural. He hopes the Board will take the whole street into consideration, addressing the curbs, gutters, and road work. Connie Grundhofer, 235 Linda Avenue, addressed the issue of infiltration. She stated that Marty Asleson, Environmental and Forestry Coordinator, visited the area and concluded Collova Builders were not properly addressing the infiltration issue. Developing two lots into six lots would result in wide open lawns that would require more chemicals. When the overflow of water runs into the ponds with these chemicals from the lawns, the pond life would be affected as well as Baldwin Lake. Ms. Grundhofer also noted that the proposed division of land was extremely small and would be inconsistent with the current lots. MAY. -20' 98 (WED) 14:33 Planning & Zoning Board May 13, 1998 Page 5 tttttttttttttttttttt TEL :612 421 9511 P.005 Leon Moll, 6251 Lauren, stated that he agreed with all the above comments, noting he was opposed to the narrow frontages. Jim Kurkowsla, 239 Linda Avenue, explained that he is fairly new to the neighborhood, and very rarely saw his neighbors. One of the reasons he purchased a home in this area was because there are few homes around his lot. Judy Twohy, 6119 Hodgson, stated that she lived on one side of the current drainage ponds and was very concerned about the elimination of any wildlife in the area. Paul Marano, 6170 Oakwood Drive, explained that he was opposed to the population increase the project would cause. He relocated back to Mnnesota in 1986 and looked at many areas before purchasing his current property. He chose to live in this area because of the spacious lots, noting that he felt he had invested in the neighborhood as is. He also expressed concern regarding drainage and the ecosystem. He questioned who he would turn to for help if the septic system backed up into the pond. John Grunehoffer, 235 Linda Avenue, stated that his main concern was that Collova Builders had not presented any concrete plans and also offered no consistency. He wanted to be very sure as to what the builders would be developing on that property. He stated that if Collova Builders were given low minimum requirements, they would only build the low minimum housing. Mr. Grunehoffer would like to see the same quality of housing developed that is already in place. He noted that any wildlife currently in the area would eventually disappear. Chair Schaps asked for a show of hands from the audience that would be in favor of the R 1X zoning. The majority of those present did raise their hand. Jim Holt, 6261 Laurene, stated that last year his neighbor had 2 lots on one side of his home, he now has nineteen houses. He indicated that he was opposed to the project. Mike Dockendorf', 6168 Laurene, explained that he lived next to the big pond. Currently, his lawn is often damp, and he believes that more homes will cause too much additional water run-off. He stated that he has never had a problem with water in his home. Ken Trittin, 6221 Laurene, stated that he has lived in his home since 1970. He is concerned that Collova Builders has not yet proposed the exact location of homes on the lots. Chair Schaps indicated that the proposed homes would be placed in accordance with the required setbacks. Mr. Trittin asked if there was a set plan for the location of the homes. He questioned if the rezoning should be approved before there was a plan for the exact location of homes. MAY. -20' 98 (WED) 14 :34 Planning & Zoning Board May 13, 1998 Page 6 * * * * * * * * * * * * * * * * * * ** TEL :612 421 9511 P.006 He stated he has not yet seen anything platted, and expressed concern over the amount o f _ trees that would have to be destroyed. Chair Schaps explained that approving the plan before the detailed proposal is standard. Missy Trittin, 6221 Laurene, stated that the area is beautiful and she would like to see the trees and the wildlife remain the same. She explained that she has seen 22 different species of birds, including a very rare woodpecker. Destroying all of the trees would be a terrible waste. Mr. Sampair said that all the comments from the concerned residents were very good and had been taken into consideration. He pointed out that the total area of the proposed development, divided by the minimum requirements, met the R-1X standards. The frontages would not meet the R -1X standards. He stated that the proposed development would improve the area and the flow of the land. He said that some of the existing homes are small, and the new proposed homes would be consistent with the neighborhood. Sewer and water does currently go through the neighborhood, and the proposed plan far exceeds the minimums of Fox Trace, a development close by. Mr. Trehus stated that he believed the proposed development was not consistent with the area and very much out of character with the current neighborhood. Mr. Dunn said that he had visited the area several times so he could draw a fair conclusion regarding the issue. He was very impressed with the area. The homes were very well kept and maintained and he would like to see it stay that way. He stated that the sewer and water on Linda Avenue was done by chance, not choice. He felt the street would not be improved to residential quality and destroying the area for development was unfair and unreasonable. Mr. Dunn stated that meeting required conditions was only part of the big picture and he was very skeptical regarding the proposed drainage plans. The Comprehensive Plan segments part of the City to remain rural and the City has an opportunity to do so with this area. He noted that a citizens survey indicated the majority of the citizens would like to preserve rural land and wildlife where there is an opportunity to do so. Mr. Schilling stated that Collova Builders and the citizens had both made good points. He felt it was not a good idea to put so many houses in one area The developer had increased the square footage of the proposed homes, but the issue of quality also had to be addressed. The neighborhood had compromised agreeing to the R-1X zoning. Mr. Schilling hoped to pursue that option. Mr. Corson stated that the R-1X zoning was more appropriate in this area that R -1. He complimented Collova Builders for working so closely with the residents. Mr. Johnson agreed that R-1X would be more appropriate than R-1, due to the nature of the street, vegetation, and wildlife in the area. MAY. -20' 98 (WED) 14:34 Planning & Zoning Board May 13. 199& Page 7 KKKKKKKKKKKKKKKKKKKK TEL:612 421 9511 P. 007 Chair Schaps stated that it was nice to see so many residents concerned with the area that they live in. He also thanked Collova Builders for doing a good job. He felt it was appropriate to have a larger frontage, and it could be done. Chair Schaps noted this would result in the loss of one lot, but the neighborhood would be happier. Mr. Corson made a MOTION to approve the application of the rezone from R Rural to Rl -X for all of Lots 1, 2, 3, and 4 of Block 2 Arthur E. Thom Addition and Lots 47 and 48 of Block 1, Arthur E. Thorm Addition, and was supported by Mr. Dunn. Ms. Wyland explained that if the request is denied at R -1, the applicant needs to wait 12 months to resubmit. She stated the Board can act on R 1X and submit it to the Council at R 1X with a request to the applicant to redraw the plat to fit R -1X requirements. Or, it can go to the Council with a negative recommendation. Mr. Sampair requested the decision be moved to the City Council, with the Board's suggestion of zoning the area R -1X. He stated they will support a rezoning of R -1X and modify the plat to comply with the standards. Ms. Wyland indicated that the Board would need to defer action on preliminary plat and all drainage issue if the Board rezones the area to R -1X. All preliminary plat and drainage issues would be revisited. Mr. Trehus stated that both the R -1X and R -1 zoning does not work with the area. He strongly opposes the rezoning. Mr. Dunn explained that without MUSA designation the homeowners are prevented from hooking up to sewer. He believes that is a good reason to change the zoning and approve the MUSA. Motion carried 5 -1, with Mr. Trehus voting no. Mr. Schilling made a MOTION to approve the allocation of 5.8 acres of gross Interim MUSA Reserve to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thorm Addition and Lots 47 and 48 of Block 1, Arthur E. Thom Addition, and was supported by Mr. Dunn. Motion carried 6 -0. Mr. Dunn made a MOTION to table and return to Staff the Preliminary Plat for the Collova Addition, and was supported by Mr. Corson. Motion carried 6 -0. Chair Schaps entered the petition into the record. B. PUBLIC HEARING Lakeland National Ban 7641 Lake Driv Conditional Use Permit AGENDA ITEM V A STAFF ORIGINATOR: Mary Kay Wyland DATE: 5/8/98 TOPIC: Collova Builders, Rezone, Allocation of Interim MUSA Reserve & Preliminary Plat, Linda Avenue BACKGROUND: The P & Z will recall tabling this item at the March 11, 1998 meeting, after closing the Public Hearing. The actual motion called for tabling the item "until such time as adequate sewer capacity is determined, a wetland delineation is provided, and a neighborhood meeting is held ". In response to the sewer capacity question, the City Engineer has determined that adequate capacity does exist in the sewer main serving these properties. The wetland on the site has been delineated and determined to consist of the existing ponding area. A drainage and grading plan has been submitted for review and approval by the City Engineer who will be available to comment on the plan at the P & Z meeting. And, a neighborhood meeting was held to discuss concerns of the adjoining property owners. The preliminary plat has been modified to eliminate the need for any variances from the Ordinance. All Tots meet the requirements of the R -1 Zoning District which are 80 x 135 for 10,800 square feet (100' on corner lots): Lot 1 84.99 x 230.44 12,295 sq. ft. upland (19,571 overall) Lot 2 84.99 x 230.44 12,316 sq. ft. upland (19,541 overall) Lot 3 84.99 x 230.44 16,700 sq. ft. upland (19,512 overall) Lot 4 84.99 x 135.01 11,430 sq. ft. upland Lot 5 110 x 135 13,500 sq. ft. upland Lot 6 123 x 148 11,228 sq. ft. upland (17,314 overall) This request requires action on three items - the rezone, the preliminary plat and the interim MUSA reserve. Staff would recommend as follows: Approval of the a rezone from R -Rural to R -1 Single Family Residential for all of Lots 1, 2, 3, and 4 of Block 2 Arthur E. Thom Addition and Lots 47 and 48 of Block 1, Arthur E. Thom Addition. Approval of the allocation of 5.8 acres of gross Interim MUSA Reserve to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thom Addition and Lots 47 and 48 of Block 1, Arthur E. Thom Addition. -- Approval of the Preliminary Plat for the Collova Addition with the following conditions: 1. The grading and drainage plans are reviewed and approved by the City Engineer. 2. A development permit is obtained from the Rice Creek Watershed District. 3. Permission is received from the United Power Association for location of drainage swales on their easement if necessary. 4. Park Dedication shall be based on the standard requirement outlined in the Subdivision Ordinance and a 15' wide trail segment shall be shown along the south property line over the existing UPA Easement, this trail segment shall be graded and rocks as is the normal practice for trail dedication. 5. A developer agreement shall be signed and financial guarantees posted prior to review of Final Plat documents. 6. Comments of other City Staff OPTIONS: 1. Approve Rezone from Rural to R -1 Single Family 2. Approve allocation of Interim MUSA Reserve 3. Approve preliminary plat with conditions outlined above 4. Return to staff for further consideration RECOMMENDATION: Option 1, 2, and 3 (three separate motions) AGENDA ITEM V STAFF ORIGINATOR: Mary Kay Wyland DATE: 2/27/98 TOPIC: PUBLIC HEARING, Collova Builders, 250 & 260 Linda Avenue, Rezone, Preliminary Plat and Interim MUSA Reserve and Variance for Lot Depth BACKGROUND: Collova Builders is requesting a rezone, preliminary plat and allocation of Interim MUSA Reserve on Lots 3 and 4, Block 2, Arthur E. Thom Addition. The P & Z may recall approving a similar request at 250 Linda Avenue in July of 1997. This is a rearrangement of that approval and the addition of the property from 260 Linda Avenue. Staff has also suggested that it may be appropriate to consider adding Lots 1 & 2, Block 2, Arthur E. Thom Addition and Lots 47 & 48, Block 1, Arthur E. Thom Addition to this request to avoid multiple applications in the future. We recently had similar inquiries concerning Lot 48. As you will see from the attached site plan, the lots mentioned above are currently outside the MUSA Boundary and Zoned Rural excepting the westerly two lots. The current Comprehensive Plan does indicate the area as single family residential. Property to the north, east and west is Zoned R -1 and located within the MUSA . Sewer and water utilities are in the street (Linda Avenue) to serve all these parcels if requested. The property immediately to the south, Rohavic Oaks, is Zoned Rural, with lot areas averaging 1 acre in size. MUSA Reserve for the Tots fronting on Linda Avenue would total 5.8 acres. The corner parcel, on Linda and Laurene received MUSA in July of 1997. PRELIMINARY PLAT: The request is to create six (6) R -1 Single Family building sites from two existing parcels. Lot requirements are as follows: Lot width 80 feet Corner lot 100 feet Lot depth 135 feet Lot area 10,800 square feet exclusive of any wetland /watercourse /row Lots proposed are as follows: Lot 1 is 18,422 sq. ft. in area (14,322 above the existing pond elevation) 80 x 230 Lot 2 is 18,396 sq. ft. in area (18,230 above the existing pond elevation) 80 x 230 Lot 3 is 18,371 sq. ft. in area, 80 x 230 Lot 4 is 16,483 sq. ft. in area, 80 x 230 with a 50' rear property line Lot 5 is 12,569 sq. ft. in area, 119 x 105 (deficient in lot depth by 15') Lot 6 is 14,927 sq. ft. in area, 123 x 119 on the north and 148 on the south NOTE: All Tots contain a 33' wide UPA Utility Easement along their southerly property line Staff would suggest that Lot 6 could be reduced in width by 30 feet to allow additional depth for Lot 5, however, this may hinder home construction on Lot 6 due to the UPA Easement. Should the P & Z determine that the deficiency in depth for Lot 5 is warranted, a Variance would be required. All other lots meet or exceed the minimum requirements of the Ordinance. Staff would recommend approval of this preliminary plat as we believe redevelopment of these parcels would be consistent with the general character of the neighborhood. The following conditions are recommended: 1. A grading plan be reviewed and approved by the City Engineer. 2. Permits be obtained from the Rice Creek Watershed District if required. 3. A wetland delineation be prepared prior to Final Plat Approval. 4. A park dedication fee be submitted based on the requirements of City Subdivision Ordinance. 5. A developers agreement be signed and financial guarantees posted as recommended by the City Engineer prior to Final Plat Approval. 6. A determination is made as to the adequacy of depth for Lot 5. REZONE: The rezone request is recommended to apply to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thom Addition, and Lots 47 and 48, Block 1, Arthur E. Thom Addition. The Zoning Ordinance provides as follows: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 4. Traffic generation by the proposed use is within capabilities of streets serving the property. Staff would recommend approval of the Rezone from Rural to R -1 Single Family. ALLOCATION OF INTERIM MUSA RESERVE: Interim MUSA Reserve has already been applied to Lots 5 and 6 of the new plat. We would recommend approval of the allocation of 5.8 Gross Acres of Interim MUSA Reserve to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thom Addition, and Lots 47 and 48, Block 1, Arthur E. Thom Addition. Attached for your review is the criteria established for the allocation of Interim MUSA Reserve. We believe this criteria can be met in regard to this allocation. In summary, we would recommend approval of the Preliminary Plat for the Collova Addition with the conditions outlined above, approval of the Rezone from Rural to R -1 Single Family, and the allocation of 5.8 Gross Acres of Interim MUSA Reserve for all of Lots 1, 2, 3 and 4, Block 2 and Lots 47 and 48, Block 1, Arthur E. Thom Addition. OPTIONS: 1. Approve Rezone from Rural to R -1 Single Family 2. Approve allocation of Interim MUSA Reserve 3. Approve Preliminary Plat with conditions outlined above 4. Return to staff for further consideration RECOMMENDATION: Option 1, 2, and 3 AGENDA ITEM STAFF ORIGINATOR: Mary Kay Wyland DATE: 5/5/98 TOPIC: Lakeland National Bank, Lake Drive and Apollo, Conditional Use Permit to allow accessory drive- through BACKGROUND: The Planning and Zoning Board and Council have approved a site plan review for the Lakeland National Bank which is to be located on the north /west comer of Lake Drive and Apollo (extended). This bank building is located in a General Business Zoning District which requires a conditional use permit for any accessory drive- through facility. As you will recall, a condition of site plan approval for the bank building was either the approval of a conditional use permit or a revision to the section of the ordinance requiring the cup. The P & Z determined that they were not interested in amending the ordinance and preferred the control offered by the cup process when reviewing drive - through facilities for any use in this zoning district. Therefore, we have published this public hearing, notified adjoining property owners and prepared this report. According to the requirements of the ordinance, the P & Z shall consider the following in review of a conditional use permit: A. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. C. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. F. Will not involve uses, activities, processes, material, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. G. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. H. Will not result in the destruction, Toss, or damage of a natural, scenic or historic feature of major importance. 1. Will conform to specific standards of this ordinance applicable to the particular use. Additionally, in regard to an accessory drive - through facility: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential use or district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S. of this Ordinance. c. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3. Subd. 4.S. of this Ordinance. d. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. e. The entire area shall have a drainage system which is subject to the approval of the City Engineer. f. All signing and information or visual communication devices shall be in compliance with Appendix C. of the City Code. g. Provisions shall be made to control and reduce noise from any exterior audio equipment. In review of the above criteria, staff has determined that the proposed accessory drive - through facility will meet with these criteria and we therefore recommend approval of the conditional use permit. This permit shall be subject to the original conditions of approval outlined in the site plan review which include the following: 1. The Lake Drive access is terminated at such time when southerly public street access (vie Apollo Drive) is provided. 2. The landscape plan is subject to review and approval by the City Forester and CPTED Officer. 3. At such time as a southerly property access is available (and the Lake Drive access is terminated), the Lake Drive parking lot access drive is removed and restored as green area. 4. The proposed Lake Drive (CSAH 23) access location is subject to the review and approval of the City Engineer and Anoka County Highway Department. 5. This conditional use permit is approved. 6. The bank drive - through lane is expanded or redesigned such that the stacking of vehicles (three) does not encroach upon the adjacent parking lot drive aisle. 7. The site plan is revised to identify an off - street loading space. 8. All lighting used to illuminate off - street parking areas are arranged to deflect light away from adjoining properties. 9. A detailed sign plan is submitted subject to City approval. 10. The submitted utility and grading plan is subect to review and approval by the City Engineer. 11. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee. The Planning and Zoning Board held a Public Hearing on Wednesday, May 143, 1998 and approved this conditional use permit for a drive - through bank with the conditions attached to the original site plan review and outlined above. OPTIONS: 1. Approve conditional use permit with conditions outlined above. 2. Return to staff for further consideration. RECOMMENDATION: Option 1 EXHIBIT A - SITE LOCATION Conceptual Land Use Plan Is [swraw WT. NORTH /rE�✓aT /A'L - AE AL a®,1ro"El IA `Ml �,Y /577N -: /'llJSA I 1 1 1" Il 1" I -f LAKES CENTER r:T4- =siriZi = -- I /o�jpji /•i/!. ,iii. /// 1 f7alityy rXEG . �E�i/L�vYii9G /%'4'4 N►, .� C g" a( .4"./Q.4/0.44.1c--S-5 MARSHAN LAKE • -- Welland 000 Conceptual Road Layout Conceptual Trail Layout Residential ▪ (1. DU) I r:w i._ nity, Unsewered 0 -1 Units per Acre LI (LDS) i. c. r. Cansity, Sewered Q (MD) Medvm Density • (HD) High Density c4mm�jsl81 la (NC) Ne•ghtorhood Commercial Q (LC) Limned Commercial ® (GC) General Commercial Industrial ©c (LI) Light Incustrial (i>i) a, du>Ir�ei Public /Semi-PUhli& 2-4 Units per Acre 5 -8 Units per Acre 8. Units per Acre D (PSP) ParI s Recreational Use, Schools, Churches CITY OF LINO LAKES DISTRICT 1 - TOWN CENTER Air N thY EXHIBIT B- PLANNING DISTRICT 1 LAND USE PLAN • u ▪ ,/ /// 1/ /, / \ ` \■•• // / • �. • • /S.p /4,c • • S \`•/ \ % 9U 1%' • • 1‘ '2. r, • . (-\‘" 7 • t A / / 6• V • /*1 V 0 / 7 " • (1)) —/ • AGENDA ITEM 5 D STAFF ORIGINATOR: Mary Kay y Vli'_yland DATE: 5/20/98 TOPIC: Charles Votel, 7306 24th Avenue No., Variance BACKGROUND: This application involves a request for a variance on the number of accessory buildings and total square footage. Mr. Votel has a 10 1/2 acre parcel of property in the R -BR Zoning District. He currently operates an apple orchard on the site and another 10 acre parcel on the opposite side of the roadway in Hugo. The City Zoning Ordinance, Section 3, Subd. 4 D. 8.b. provides as follows: Ten (10) to less than Twenty (20) Acres (R, R -X, R -BR, and PSP Districts) 1) The combination of accessory buildings) and garage(s) shall not exceed five thousand (5,000) square feet, (2) Total allowable accessory building space shall be limited to the following: a. One (1) attached garage and b. Two (2) detached accessory structures. Mr. Votel has the following buildings on his site 1. A 40 x 80 (3200 sq. ft:) pole barn 2. A 24 x 32 (768 sq. ft.) detached garage 3. A'24 x 20 (480 sq. ft.) shed 4. A 9 x 24 (288 sq. ft. ) corn crib A total of 4,756 sq. ft. of accessory building (4,448 sq. ft. w/o corn crib). (For this discussion we have excluded the corn crib from the number of accessory buildings and area requirement). The applicant has indicated that it is "vital" to his apple orchard business to construct a storage /sales budding on the site He would like the building to be 24 x 32 for 768 square feet. This would bring the total number of buildings to four (4) requiring a variance for number of buildings and the total square footage to 5,234. The area variance necessary would be 234 sq. ft. In considering a variance, the Planning and Zoning Board must consider the following Findings of Fact A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently put to a reasonable use, however, the applicant maintains this additional storage /sales space is vital to his business. B. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. The site is unique as it is an existing apple orchard. C. That the hardship is not due to economic considerations alone and a reasonable use for the property exists under the terms of the ordinance: The applicant maintains that in order to be competitive, this additional storage/sales space is necessary. D. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Under similar circumstances we could consider a similar request. E. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. The proposed actions do not seem to diminish established property values in the area. F. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Granting the variance would be in keeping with the intend of the R -BR Zoning District as this is a agricultural business. The Planning and Zoning Board reviewed this item at their May 13th meeting and recommended approval of a variance for the number of accessory buildings and for an additional 215 square feet of accessory building area. There was discussion concerning various options such as requiring the additional square feet to be added to one of the existing buildings thereby reducing the variance for number of buildings, or, in the alternative, to reduce the size of the proposed structured by 215 sq. ft. thereby requiring a variance for number of buildings only. Upon review of these options with the applicant the P & Z approved both variances requested. OPTIONS: 1. AIIow construction of an additional accessory building at 768 sq. ft. thereby requiring a variance for the number of accessory buildings an additional 215 sq. ft. of accessory building. 2. AIIow an alternate to the variance requested. 3. Deny variance request. RECOMMENDATION: Option 1 AKE _AKE The property at 7306 24th Avenue North is a ten and one -half acre apple orchard on the eastern edge of Lino Lakes. I have owned this property since 1982 and it has been used for agricultural purposes continuously for over 100 years. It is a clean and well kept property. To my knowledge, it is the only apple orchard in Lino Lakes. We are licensed by the State of Minnesota as a "Minnesota Grown" orchard. Apparently and unbeknownst to me, the Zoning Ordinance restricts farms of under 20 acres to two accessory buildings with maximum combined square footage of 5,000 square feet. I lease 10 acres of land one - eighth of a mile north of this farm where I grow apples, pears, pumpkins and produce cut firewood, which I supply to the Anoka County Parks Department campgrounds and sell from this orchard. Surrounding my property are farms which are over 20 acres and not subject to the restrictions of this ordinance. It is absolutely vital to the business of this orchard to construct a new storage and sales building. The business of producing fresh market fruit is very competitive and in order to survive, we need to have quality storage facilities and sales areas. The addition of this building will not in any way adversely impact the surrounding properties. In fact, the recent demolition and removal of an old deteriorated corn silo shed have improved the appearance of the orchard and helped to make way for what will be a quality structure about the size of a two and one -half car garage, located alongside of the existing barn. We have made a considerable investment and a personal commitment to be good neighbors in this City and we appreciate your consideration of this request. 73a ij4-b A\JL N� . qox -60 ( f4) C "763 ht,19 dog4 cgi41)73mx3 AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Parks and Recreation Director DATE: May 12, 1998 TOPIC: Authorization to Advertise for Playground Equipment Bids BACKGROUND: As a result of the City Council designating a portion of the 1997 excess fund balance towards playground equipment, 1 am requesting authorization to advertise for playground equipment bids in Shenandoah Park, Birch Park, and Lino Park. Each playground site will be bid as an individual project. Vendors will be given a maximum dollar amount for the equipment at each site They will be expected to design separate play equipment structures that will service pre - schoolers and elementary school age children. All proposals are expected to :meet requirements set forth in the American with Disabilities Act. All equipment in these bids must meet guidelines as published by the United States Consumer Products Safety Commission. We will also be asking the equipment vendors to outline any quantity discounts they would afford the City of Lino Lakes for multiple projects being awarded to their company. After receiving the bids on the various play equipment structures, each project will be evaluated by city staff and the Park Board, with input from area residents through scheduled playground equipment reviews at the Park and Recreation Building from June 11 - June 16. The projects will be awarded to the vendor or vendors that provide the city with the best value for the funds available. The best value analysis will include an evaluation of quality, durability, safety, equipment longevity, aesthetic appeal and the play experience provided. After review, a recommendation will then be made to the City Council the purchase of playground equipment at each site (Monday, June 22 Council meeting). The playground equipment will be installed using a certified playground installer (provided by the vendor), city staff, and neighborhood volunteers. This will be done on a Saturday in late summer or early fall. Once the playground equipment is installed, city staff will install the safety surface and the safety surface path to meet ADA specifications. There is approximately $153,652 designated for playground equipment. There is approximately $107,700 in costs for the 3 playground sites identified. This amount includes all related costs including borders, pea gravel, installation, safe zone modifications, and appropriate ADA surfacing. RECOMMENDATION It is my recommendation that the City Council pass a motion authorizing staff to advertise for bids on the new playground equipment projects. Attached is a list of the sites, with an accompanying estimated dollar amount. A schedule itemizing the playground bid process is also attached. 5/12/98 sw /Rick /Council Authorization to Advertise for Playground Equipment Bids Lino Lakes Parks and Recreation Department 7204 Lake Drive Lino Lakes, MN 55014 (612) 780 -1885 Fax (612) 784 -7227 1998 Playground Equipment Proposals May 20, 1998 Park Equipment Borders, Pea Gravel Total Cost and & ADA Access, etc Installation Shenandoah Park $27,600 $8,200 $35,800 Birch Park $30,000 $7,300 $37,300 Lino Park $27,600 $7,000 $34,600 TOTAL AMOUNT $107,700 Rd/Neighborhood Parks/Play Equip/Itemized Costs to Council Lino Lakes Parks and Recreation Department 7204 Lake Drive Lino Lakes, MN 55014 (612) 780 -1885 Fax (612) 784 -7227 PLAYGROUND ODD SCHEDULE May 20, 1998 Tuesday, May 26 Wednesday, May 27 Tuesday, June 2 Wednesday, June 10 June 11,12,15,16 Council authorizes staff to advertise bids Bids sent to Playground companies Send Letter to area residents regarding public viewing Bids opened — City Hall 10:00 am Public / Park Board Review @ Parks & Rec Building Thursday, June 11 8:00 am — 7:00 pm Friday, June 12 8:00 am — 5:00 pm Monday, June 15 8:00 am — 5:00 pm Tuesday, June 16 8:00 am — 6:00 pm Monday, June 22 Council awards bids Tuesday, June 23 Playground equipment ordered (4 -6 weeks delivery) 1998 New Playground Equipment Locations: Shenandoah Park Birch Park Lino Park RD /Neighborhood Parks /Playgr bid sch 1998 AGENDA ITEM NO. 6B STAFF ORIGINATOR: Rick DeGardner Parks and Recreation Director May 19, 1998 Consideration of Request to Approve Hiring of General_ Maintenance Position DATE: TOPIC: BACKGROUND: Applications for the General Maintenance Worker - Parks Department position were accepted through April 20, 1998. Sixty -seven applications were submitted. All applications were rated on criteria such as nursery or forestry experience, turf maintenance experience, post high school accreditation in nursery or forestry management, as well as training or experience in areas such as carpentry, small engine repair, irrigation installation and repair, concrete installation, landscaping, and welding. The top 11 candidates were given first interviews on May 5 -6 by a panel consisting of Mike Hoffman, Barry Bernstein, and Tim Hillesheim. Following each oral interview, each candidate was asked to complete a written test which covered various areas such as building maintenance, construction, landscaping, forestry, fertilizer and pesticides, and equipment maintenance and operations. Three finalists were invited back for a second interview by Dan Tesch and I on May 12. The finalists, were determined based on ratings from the oral interview and the written exam. I have determined that Mr. Tim Anderson is the most qualified and would best fit our needs.. Mr. Anderson has worked for the Ramsey County Parks and Recreation Department for the past 13 years. He has extensive training on a wide variety of equipment. The position provides for a beginning salary of $12.97 /hour plus benefits. This position would be eligible for membership in the 49'ers Union. Mr. Anderson is available to begin work on June 1, 1998. OPTIONS: 1. Approve Mr. Anderson as General Maintenance Parks position. 2. Return to staff for further review. RECOMMENDATION: Option #1. sw /Rick /Park Maint. Position Hiring Green Sheet.doc AGENDA ITEM 7A STAFF ORIGINATOR: David Ahrens, Public Works Director /City Engineer DATE: May 27, 1997 TOPIC: Resolution No. 98 - 70, Accept Bids and Award Construction Contract -1998 Sealcoat Project INTRODUCTION: Sealed bids were received and opened on Tuesday, May 19, 1998, for the 1998 Sealcoat Project. City Council action is required to award a construction contract to the lowest responsible bidder. BACKGROUND: The City Council ordered the improvement for 1998 Sealcoat Project at the April 27, 1998, Council Meeting. On May 19, 1998, two sealed bids were received and opened with the following results: Company Bid Amount Allied Blacktop Company $55,912.50 Asphalt Surface Technologies Corporation $61,312.50 Engineer's estimate $75,000.00 Sealcoat projects typically do not receive a high number of bids. Two years ago one bid was submitted. Allied has submitted an excellent bid to the City for the work. Allied Blacktop has performed sealcoat projects for the City in the past and has completed the work satisfactorily. FINANCING SUMMARY: The 1998 budget include $58,850 for the 1998 Sealcoat Project. This is approximately $3,000 more than the low bid by Allied Blacktop. PROJECT SCHEDULE: The project specifications state that the project must be complete (except for final street sweeping) by August 15, 1998 and once work is started the contractor must complete the project within 7 days. Sealcoat Award Page 2 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 98 - 70, accepting bids and awarding a construction contract to Allied Blacktop for the 1998 Sealcoat Project. RECOMMENDATION: Staff recommends that Resolution Number 98 - 70 be adopted. Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 - 70 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT -1998 SEALCOAT PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the 1998 Sealcoat project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Allied Blacktop Asphalt Surface Technologies Corp. $55,912.50 $61,312.50 AND WHEREAS, it appears that Allied Blacktop Company, 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 Allied Blacktop Company, 10503 - 89th Avenue North, Maple Grove, Minnesota 55369, in the name of the City of Lino Lakes for the construction of the 1998 Sealcoat Project 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 27th day of May, 1998. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 27, 1998. Marilyn G. Anderson, Clerk- Treasurer AGENDA ITEM 7B STAFF ORIGINATOR: David Ahrens, City Engineer /Public Works Director DATE: May 27, 1998 TOPIC: Resolution No. 98 -71, Approve Flashing Beacon Justification Report and Plans and Authorize City Engineer to Sign Said Plans, Anoka County Hazard Elimination Safety Project at Main Street and Lake Drive INTRODUCTION: The County of Anoka is planning the installation of a flashing beacon system at the intersection of Main Street and Lake Drive. City Council action is requested to approve the report and plans and authorize the City Engineer to sign said report and plans. BACKGROUND: The Anoka County Highway Department is proposing to install a flashing beacon system at the intersection of Main Street and Lake Drive (see attached location map). Flashing beacon systems are installed to help identify hazardous locations and conditions, or draw attention to warning or regulatory signs. The four warrants to justify the installation of a flashing beacon include limited visibility, high accident rate, school crossing and rural trunk highway intersections. The beacon system at Main Street and Lake Drive meets the high accident rate and school crossing warrants for installation. The proposed project will not require any roadway improvements at the intersection. The County plans to install the system this summer upon approval by the City of Lino Lakes and Minnesota State Aid. Funding is provided by Anoka County for 100% of the project costs. Anoka County will provide ongoing maintenance of the beacon system. Lino Lakes is responsible for electrical costs for the beacon and street lights and relamping the street lights. The estimated electrical cost to operate the beacon and lights is $750 per year. OPTIONS: 1. Return to staff for additional review. 2. Not adopt Resolution No. 98 -71. 3. Adopt Resolution No. 98 -71 approving the report and plans for the installation of a flashing beacon system at the intersection of Main Street and Lake Drive and authorize the City Engineer to sign said report and plans. RECOMMENDATION: Staff recommends that Council adopt Resolution No 98 -71. LINO LAKES 1990 POP. 8.607 no. Ktko LINO LAKES 1990 POP. 8.807 PROJECT LOCATION CSAH 14 (Main Street) & p`aA" CSAH 23 (Lake Drive) SLILY ST. MINNESOTA CORRECTIONAL FACILITIES George Watch Lake RICE CREEK - CHAIN OF LAKES a REGIONAL PARK RESERVE Cenrer.Ilie Lake � ✓1 l'ff. 8 49 CENTERVILLE 1990 POP. 1.633 ard. Lake LINO LAKES 4* 1990 POP. 8.607 t. �aa" Shama Lake ES 1990 POP. 4.70 w.3E 0.0.31 01. 1•00011 COL A 350 Westwood Lake oleos 8441 Wayzata Boulevard WSB MMrapols, MW 66428 AIMIONIM 4 812441 -4100 FAX 541-1100 Flashing Beacon Justification Report Main Street (CSAH 14) & Lake Drive (CSAH 23) Lino Lakes, Anoka County, Minnesota WSB Project No. 1044.07 Dab: March 14, 1997 Project Location Map Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 71 RESOLUTION - APPROVING FLASHING BEACON JUSTIFICATION REPORTAN$ -- PLANS, ANOKA COUNTY HAZARD ELIMINATION SAFETY PROJECT AT MAIN STREET AND LAKE DRIVE AND AUTHORIZING THE CITY ENGINEER TO SIGN SAID PLANS WHEREAS, the County of Anoka has prepared a Flashing Beacon Justification Report for the installation of a flashing beacon at the intersection of Main Street and Lake Drive WHEREAS, said report and plans require City of Lino Lakes approval, AND WHEREAS, the report states that warrants are met to install a flashing beacon system at the intersection of Main Street and Lake Drive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The said report and plans are approved. 2. The City Engineer is authorized and directed to sign said report and plans. Adopted by the Lino Lakes City Council this 27th day of May, 1998. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on may 27, 1998. Marilyn G. Anderson, Clerk- Treasurer AGENDA ITEM 8 STAFF MEMBER Daniel Tesch, Assistant City Administrator DATE 20 May 1998 SUBJECT Receptionist Position BACKGROUND As approved in the 1998 Budget, the city has filled the position of Engineering/Building Department Secretary. The position was filled by way of internal promotion of our Receptionist, Carri Villella. The city is now in the process of filling the upcoming vacancy at the front desk, with final interviews scheduled for Tuesday May 26. I am not able to name the candidate which we would like to recommend to fill this position at the writing of this green sheet. I am therefore, requesting that the council approve a conditional offer of employment to the candidate I will name this evening. The offer would be contingent upon our interview committee arriving at a consensus this afternoon (26 May), and a positive reference and background check. OPTIONS 1. Offer the position of Receptionist to upon background and reference checks. 2. Wait until the council meeting of 8 June. RECOMMENDATION 1. conditioned AGENDA ITEM 9A STAFF MEMBER Dave Pecchia, Acting City Administrator DATE 20 May 1998 SUBJECT Employee Grievance, BMS Case No 98 -PA -507 BACKGROUND In March of this year, an arbitrator was unable to make a determination as to a cash award regarding the aforementioned grievance - the nature of which involved work duties within the public works department . Staff and the grievant have therfore arrived at the following negotiated settlement: a) cash payment of $6,686.00 b) assignment of utility responsibilites to the Public Works Director /City Engineer. OPTIONS 1. Approve negotiated settlement 2. Return to staff to continue negotiations RECOMMENDATION 1. AGENDA ITEM No • 9B STAFF ORIGINATOR DAVID PECCHIA, INTERIM CITY ADMINISTRATOR /CHIEF OF POLICE DATE MAY 26, 1998 TOPIC BACKGROUND CONSIDERATION OF COSTS ASSOCIATED WITH HOFF, BARRY AND KUDERER INVESTIGATION At the May 11, 1998 Council meeting the Lino Lakes City Council authorized the firm of Hoff, Barry and Kuderer to review the audit, financial and personnel issues and provide a list of duties and costs to be reviewed at the May 20, 1998 worksession. Mr. Hoff was authorized to begin his investigation immediately, not to exceed $5,000. At the May 20th worksession the list of duties and estimated costs were reviewed. The City Council reviewed the materials and discussed the proposal. Mr. Hoff estimates the cost of the investigation to be /1,0'61- /G,,doo, and the investigation will be concluded on or about ? /WiQB with a recommendation for future action by the city. OPTIONS 1 Approve as proposed authorizing the expenditures of $ as outlined by Mr. Hoff. 2. Return to staff for further review. RECOMMENDATION Option 1 MAY -20 -1998 16:41 GEORGE C. Hoff. PATRICIA E. KUDERER PAULA A. CALI.1Es STEPHEN A. BAKER KIMBERLY B. KOZAR DOUGLAS J. SC* ULTZ ALso .D447715V w WISCONSIN = iV so AD•m,va LS FLORIDA HOFF, BARRY & KUDERER PROFESSIONAL ASSOCIATION May 20, 1998 P.02 OP COVNsm. TiiOMAS G. BARRY, JR. JoRenv GaoE MlitaDtNG TELEPHONE (612) 941 -9220 1400 -989 -9220 FAX (612) 941 -7968 EMAIL hbk@wintemct.com Mr. David Pecchia Acting City Administrator City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 -2123 Dear Mr. Pecchia: Following is an estimate of costs and outline of our anticipated approach to the investigation into the City of Lino Lakes administrative and financial matters, which the City Council has asked us to conduct. To date we have conducted a preliminary review of documents provided to our office and made arrangements to interview Mr. Randy Schumacher on May 27, 1998. In addition to Mr. Schumacher, we expect to take the court - reported statements of approximately 6 - 10 other persons, including but not necessarily limited to, the City Finance Director, City Clerk, Accounting Clerk, City additors to and School Superintendent John McClelland. It may be necessonrYtto obtain the statements of other individuals depending information obtained from these initial interviews. You have provided us with some initial documentation. In addition to these documents, we anticipate reviewing a representative :sample of City development files, additional City financial records and accounting data, relevant City Council Minutes and City correspondence and relevant School District documents, such as Board Minutes. At the conclusion of our interviews andld with n4- detailed written intention to provide the City report of our findings with appropriate supporting documentation. At this time, we estimate being able to conclude our investigation by mid -June and providing a report within 7 -10 days f We estimate the total cost of our investigation and the report to be in the range of $13,000 - $16,000. Please feel free to call with questions. Since Georg- C. HOFF, BARRY . UDERER, P.A. GCH : baj 7901 FLYING CLOUD DRIVE, #260•EDEv PRAIRIE, MINNESOTA 55344-7914 TOTAL P.02 AGENDA ITEM No. 9C STAFF ORIGINATOR DAVE PECCHIA, INTERIM CITY ADMINISTRATOR /CHIEF OF POLICE DATE MAY 26, 1998 TOPIC BACKGROUND CITY OF SHOREVIEW CONNECTION CHARGES AND JOINT POWERS AGREEMENT At the May 6, 1998 Council worksession, the City Council discussed the delinquent utility connection and area charges the City owed the City of Shoreview. The charges were owed through a 1987 agreement the City entered into with the City of Shoreview for both water and sewer service for a portion of Lino Lakes just north of Co. Rd. J. The agreement required the City of Lino Lakes to pay connection charges, as well as use charges for both water and sanitary sewer service. Although the use charges have been collected since the date of the agreement, the connection and area charges were never paid. At the May 11, 1998, Council meeting the City Council approved a tentative agreement proposed by the staff members from Lino Lakes and Shoreview that would result in a payment to the City of Shoreview for connection charges, less sewer use charges and additional investment interest in the amount of $303,641.62. At the May 11, 1998 Shoreview City Council workshop the Shoreview City Council met and reviewed this matter. They requested staff to continue to negotiate this matter and to include a portion of the penalty option. At the May 18, 1998 Shoreview City Council meeting they adopted resolution number 98-45 authorizing the acceptance of unpaid utility connection and area charges from the City of Lino Lakes for the amount of $390,682.62. This figure represents $87,041 in penalty charges. OPTIONS 1. Accept proposal from Shoreview, authorize payment of $390,682.62 and direct staff to redraft the 1987 agreement with the City of Shoreview. 2. Return to staff for further negotiation. RECOMMENDATION 1. Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 73 RESOLUTION AUTHORIZING THE PAYMENT OF UNPAID UTILITY CONNECTION AND AREA CHARGES TO THE CITY OF SHOREVIEW WHEREAS, the City of Lino Lakes entered into an agreement in 1987 with the City of Shoreview to provide water and sanitary sewer services to a portion of the City just north of County Road J; and WHEREAS, the agreement required the payment of connection and area charges, as well as charges for both water and sanitary sewer service; and WHEREAS, the use charges were paid to the City of Shoreview by the City of Lino Lakes; and WHEREAS, the utility connection and area charges were not paid to the City of Shoreview as required by the 1987 agreement; and WHEREAS, one hundred eighty -four (184) Lino Lakes accounts are now being served by the City of Shoreview utility system; and WHEREAS, it is the best interest of both cities to fulfill the obligations of the 1987 agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that 1. The City of Lino Lakes pay the City of Shoreview the following amount of delinquent connection and area charges: Connection Charges Penalty Charges $303,641.62 $ 87.041.00 Total $390,682.62 I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on May 26, 1998. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, Clerk - Treasurer /Witness The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. COUNCIL MINUTES CITY OF LINO LAKES MINUTES MAY 11, 1998 DATE : May 11, 1998 TIME STARTED : 6:30 P.M- TIME ENDED : 7:50 P.M.- MEMBERS PRESENT : Bergesson; Da-hi, -Neal, -a - Maaoo - Sullivan MEMBERS ABSENT : Lyden Staff members present: Interim City Administrator, David Pecchia; Finance Director, Mary Vaske; Environmental and Forestry Coordinator, Marty Asleson; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; and City Clerk Marilyn Anderson SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Mayor Sullivan removed the second item (Administration, Government Training Services, Schumacher) from Manual Expenditures. Council Member Neal moved to approve the Consent Agenda as amended. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM MINUTES: April 22, 1998 DISBURSEMENTS: April 30, 1998 ($203,406.57) ACTION May 11, 1998 Checks No. 50067 - 5077, $282,054.88) Centennial Fire District Approved Approved Approved Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council Meetings, emphasizing the need for respectful dialog. 1 COUNCIL MINUTES MAY 11, 1998 OPEN MIKE _ Marty Asleson, Environmental and Forestry Coordinator, presented Mayor Sullivan with the Tree City Award. Mr. Asleson summarized the qualifications required to apply for the award. He also noted the Arbor Day celebration that was held at the Lino Elementary School. Mayor Sullivan thanked Mr. Asleson for the award and thanked everyone- for - sg Arbor - -- Day celebration a success. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 98 - 65, Transfer Funds for Civic Complex - Ms. Vaske explained that City Council has committed to the construction of a new city hall and police station. The original proposal was to build the buildings with a combination of cash on hand and the sale of bonds. The cash contributions of the funds identified will not hurt the ability of these funds to maintain balances that are needed for future projects. Two (2) of the funds, Apollo Drive and the Industrial Park funds, will be closed, as they are no longer being utilized. Ms. Vaske recommended that Resolution No. 98 - 65 be adopted. Council Member Neal moved to adopt Resolution No. 98 - 65, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 65 can be found at the end of these minutes. Consideration of Resolution No. 98 - 66, Intent to Bond, Civic Complex and Park Land - Ms. Vaske stated that the City of Lino Lakes is required by the Internal Revenue Service to declare it's intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non - binding declaration that must be done in order to finance projects that will be paid for with bonds. Ms. Vaske referred to a handout that noted the potential amount to be bonded. Ms. Vaske recommended that Resolution No. 98 - 66 be adopted. Council Member Bergeson moved to adopt Resolution No. 98 - 66, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 66 can be found at the end of these minutes. Consideration of Resolution No. 98 - 67, Approving Annual Transfers for Assessment Payment, GNW - Ms. Vaske explained that per the Tax Increment Financing (T.I.F.) agreement with GNW Mechanical, assessments owing on the property were to be paid with increments over the life of the district. The T.I.F. attorney has suggested an assessment schedule based on the 2 COUNCIL MINUTES MAY 11, 1998 approximate term of the district with 10% interest charged per year. These annual transfers for assessments have been previously approved for all other T.I.F. projects with the same assessment agreement. The total assessment owing is $107,299. Ms. Vaske recommended that Resolution No. 98 - 67 be adopted. —Mayor Sullivan asked if the City's carrying costs would be recovered. Ms. Vaske indicated-that they would. Council Member Dahl moved to adopt Resolution No. 98 - 67, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 67 can be found at the end of these minutes. Consideration of Resolution No. 98 - 68, Designating General Fund Balance - Ms. Vaske stated that Resolution No. 91 - 03 set standards for a reserve policy for the General Fund. The policy requires that 1/2 of the cash flow from property taxes and state aids for the ensuing year be required 15% general contingency reserve for the ensuing budget, prepaid items (i.e. insurance, seminars, etc.), and unpaid employee benefits (vacation, sick leave severance). In 1997, the total reserves surpassed the requirements by $307,000. The City Council discussed the designation of these dollars at the last work session and determined the preliminary percentages: Finance hardware /software 30% Parks playground equipment 50% Road reconstruction 10% Contingency fund 10% Ms. Vaske stated that she redefined the numbers to decrease the finance percentage and added the difference to a personal contingency, which could be used for union contract settlements, severance, etc., that was not included in the 1998 budget. Ms. Vaske recommended that Resolution No. 98 - 68 be adopted. Mayor Sullivan explained that the City had $125,000 additional revenue from the Public Works fund due to a quiet winter. Mayor Sullivan noted that the funds spent on the Finance Department hardware /software would have been a requirement in the future. The funds spent on the Parks Department playground equipment were very much needed. Road reconstruction was a big issue for the City and it would be helpful to have some funds for road improvement without requiring a citizen's vote. Council Member Bergeson asked if the $307,000 figure was final. Ms. Vaske indicated it was final as of Thursday, May 7, 1998. Council Member Dahl moved to adopt Resolution No. 98 - 68, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 3 COUNCIL MINUTES MAY 11, 1998 Resolution No. 98 - 68 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPQRT; BRI N WESSEL Comprehensive Plan Update - Mr. Wessel indicated that a Comprehensive Plan meeting would be held on Thursday, May 21, 1998, 6:00 p.m., at City-Hall.- It will be held in the work session format, summarizing all of the neighborhood-input:---Mr: Wessel stated -` t- a-recommendation based on all of the neighborhood input would be ready by September, 1998. Mr. Wessel also indicated that details of the vision bus tour will be discussed at this meeting. The Vision bus tour is tentatively scheduled for September, 1998. He encouraged the citizens of Lino Lakes and Council Members to participate. Mayor Sullivan asked if all of the Comprehensive Plan meetings are posted so the citizens and Council Members could participate. Mr. Wessel indicated that the meetings are posted. Council Member Bergeson added that he felt the vision bus tour was an excellent idea. Being able to see things first hand was very helpful. Mayor Sullivan stated that she and Ms. Wyland, Planning Coordinator, had determined a tentative date for the Vision bus tour. She hoped the September 19, 1998, date would be acceptable to the Task Force. ENVIRONMENTAL AND FORESTRY DEPARTMENT, MARTY ASLESON Consideration of Appointing an Environmental Committee Focus Group To Prepare an Inventory and Management Plan, 1998 - Mr. Asleson noted that previously Council gave approval to hire Brauer and Associates and Applied Ecological Services to perform an Environmental Inventory and develop a Management Plan. The City is now ready to proceed with this project. A focus committee is needed to guide the City through the process. Representation is sought from all areas of concern. Mr. Asleson referred to a handout that detailed a list of committee members desired. The committee will end as of January 1, 2000. Mr. Asleson asked the Council to approve the Environmental Committee Focus Group to prepare an Inventory and Management Plan, 1998. Council Member Neal moved to approve the Environmental Committee Focus Group as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. The Environmental Committee Focus Group membership list can be found at the end of these minutes. 4 COUNCIL MINUTES MAY 11, 1998 CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 64, Receive Rep -trt and Call Hearing-on Improvement, Apollo Drive, Phase 3 - Mr. Ahrens explained that on August 11, 1997, the Council ordered the preparation of a feasibility report that investigated the extension of Apollo Drive from its current terminus at Lilac Street to Lake - Drive. The report is complete and staff is requesting Council action to receive the-report-and :all- - hcari ig for-the- improvement at the June 8, 1998, Council meeting. The report studies in detail the extension of Apollo Drive from Lilac Street to Lake Drive. The project is being initiated and administered by the City of Lino Lakes. Upon completion of the project, the roadway will become part of the County highway system. This process was utilized in the previous two (2) phases of Apollo Drive construction. The extension of Apollo Drive has been planned since the first phase of Apollo Drive was studied in 1990. The Apollo Drive, Phase 3, project will increase safety along Lake Drive by increasing the separation between the I -35W southbound ramp and existing Lilac Street. Mr. Ahrens continued stating that the roadway is proposed to match the current width of 52 feet with turning lanes provided at Lake Drive. Regional storm water detention ponds are studied in the report providing storm water management for Apollo Drive and adjacent properties. He noted that project costs and financing are summarized in the report. The project is located in a portion of the City that falls within the provision of Section 8.07 of the City Charter. This section of the Charter states that the construction of local improvements and the levy of special assessments for the financing of the improvements shall be in accordance with Minnesota Statutes rather than Section 8.04 of the City Charter. The exception to this provision is the properties on which single family, owner occupied dwellings exist. In those cases the property owner can file a petition with the City Clerk objecting to the special assessment. Mr. Ahrens informed the Council that they would receive the completed report within a couple of days. Staff recommended that Resolution No. 98 - 64 be adopted. Mayor Sullivan asked if the report would have any changes from what had been discussed in the past. Mr. Ahrens indicated that the storm water management area had been increased. Council will be informed of all the details at the public hearing. He also stated that Ms. Vaske would be involved with the financing as soon as she received the completed report. Council Member Neal questioned the number of homes that the project involved. He also asked if the road went through the VFW property. Mr. Ahrens indicated the project did involve two (2) existing homes, and those property owners are currently working with an appraiser and relocation company. He stated that the road did go through the VFW property. 5 COUNCIL MINUTES MAY 11, 1998 Council Member Neal stated citizens have been inquiring about the project and he would like to keep them better informed. Council Member Bergeson stated that this issue dealt with the street and storm sewer. He questioned if the water issue had been addressed. Mr. Ahrens indicated that the water issue was almost completed, however, it is a separate issue. -eiatmcil Member Bergeson indicated a concern regarding all the separate issues- being-co lets— and coordinated in a timely manner. Mr. Ahrens stated that the City was on schedule and he had been working very closely with the developer of the convenience store regarding the time table for development. Council Member Bergeson moved to adopt Resolution No. 98 - 64, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 64 can be found at the end of these minutes. OLD BUSINESS - None. NEW BUSINESS Consideration of Minutes, April 27, 1998 (Mayor Sullivan was absent) - Council Member Neal moved to approve the April 27, 1998 minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan abstaining. Consideration of Shoreview Joint Powers Agreement, David Pecchia - Mr. Pecchia stated that Council had approved the City communicating with the City of Shoreview and the Council was in agreement with the option that covered the lost investment earnings. The City of Lino Lakes would pay City of Shoreview for connection charges, sewer usage charges, and the penalty option, which included loss investment earnings. Mr. Pecchia announced that the City of Shoreview is currently addressing this subject at the City of Shoreview's workshop. It was relayed to the City of Shoreview's City Manager that the Lino Lakes City Council approved this option and was recommending that the City of Lino Lakes pay the fees regarding this issue, after both City Attorney's review the options. The two (2) City Attorney's would also develop a new agreement which will come before Council in mid -June. Council Member Bergeson noted that the motion made would be subject to approval of the Shoreview City Council. He also indicated he would like the amount of payment specified regarding the accrued interest and lost investment earning. Mr. Pecchia stated the specific figures would be included in the minutes. Council Member Bergeson made a motion to approve the payment of $303,641.62 to the City of Shoreview to make them whole based upon the Shoreview Joint Powers Agreement, subject to review and approval of both City Attorneys, further additional authorization to amend the Joint Powers Agreement, subject to Council approval, and authorize payment of one check for the 6 COUNCIL MINUTES MAY 11, 1998 entire amount of $303,641.62 from the Area and Unit Funds. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration off Hiring Independent Attorney to Survey Audit and Personnel Issues, David Pecchia - Mr. Pecchia stated that Council had authorized a list of four (4) law firms to survey the City audit and deal with personnel issues. Through the selection process, George Hoff was selected to provide the independent reviewal. Through Council approval, George Hoff will provided a list of- duties he will perform and the costs of those duties, which will come - before Council at the May 20, 1998, Work Session. Council also indicated the firm may begin the investigation immediately and may spend up to $5,000, prior to the May 20, 1998, work session. Mayor Sullivan moved to approve up to $5,000 and accept the recommendation of George Hoff to survey the audit and personnel issues with a specific agreement to be drawn up and brought to the May 20, 1998, Council Work Session, with a review of the audit and issues to begin immediately. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR MAY 11 THROUGH June 1,1998 Trail Committee Meeting, Tuesday, May 12, 1998, 7:00 p.m., Parks Building Neighborhood Meeting, Lake Drive Trunk Utilities, Tuesday, May 12, 1998, 6:00 p.m. Planning and Zoning Board Meeting, Wednesday, May 13, 1998, 6:30 p.m. Focus Committee, Environmental Management Plan (tentative), Thursday, May 14, 1998, 6:30 p.m. Citizens Advisory Group, Monday, May 18, 1998, 7:00 p.m. D.A.R.E. Graduation, Monday May 18, 1998, 7:00 p.m., Lino Elementary School Friends of the Park Foundation Meeting, Tuesday, May 19, 1998, 7:00 p.m., Parks Building City Council Work Session, Wednesday, May 20, 1998, 5:30 p.m. Senior Citizens Dinner, Wednesday May 20, 1998, 5:30 p.m. Joint Meeting, Hugo, Centerville, White Bear Township, Lino Lakes, Wednesday, May 20, 1998, 7:00 p.m., Hugo City Hall Comprehensive Plan Meeting, Thursday, May 21, 1998, 6:00 p.m. D.A.R.E. Graduation, Thursday, May 21, 1998, 7:00 p.m., Rice Lake Elementary School 7 COUNCIL MINUTES MAY 11, 1998 City Hall Closed in Observance of Memorial Day, Monday, May 25, 1998 City Council Meeting, Tuesday, May 26, 1998, 6:30 p.m. Mayor's Coffee, Tuesday, May 26, 1998, 7:30 a.m. Mayor's Round Table, Monday, June 1, 1998, 7:00 p.m. ADJOURN There being no further business, Council Member Bergeson moved to adjourn at 7:50 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 26, 1998. Marilyn Anderson, Clerk - Treasurer Kimberly A. Sullivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 8 Environmental Committee Focus Group Inventory and Management Plan 1998 We have scheduled the first focus-meeting-for-the- starting of our - -- _ environmental study to inventory and develop a management plan. Because of your interest in the environmental issues of Lino Lakes, we would like you to be involved in this important focus. The first meeting is scheduled for Thursday the 14th of May at 6:30 P.M. at Lino Lakes City Hall, 1189 Main Street. We would like all concerned representatives at this initial focus meeting, and you are certainly welcome to come to all of the up- coming meetings. Environmental Committee: Maurine Davidson Amy Donlin Rod Kukonen Eugene Lane J.P. Houchins Mike Trehus Lori Frisk - Thompson Art Hawkins Council Member Chris Lyden - Liaison Mike Trehus — P &Z Paul Mountain - Park Board and land -owner representation Gary Udhe — Development Economic Development- Brian Wessel Merrideth Cornette — Minnesota Department of Natural resources. City Council — Chris Lyden Engineering —Dave Ahrens /Michael Krech Watersheds Rice Creek — Kate Drewry / Tony Brough VALAMO — Stephanie McNamara / Rocky Keehn Anoka County Parks — John VonDelinde /Jeff Perry Interested Residents Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 64 RESOLUTION RECEIVING REPORT and CALL HEARING ON IMPROVEMENT - APOLLO DRIVE, PHASE 3. WHEREAS, pursuant to resolution of the Council adopted August 11, 1997 a report has been prepared by SEH, Inc., with reference to the improvement of Apollo Drive by constructing street, curb and gutter and storm sewer, and this report was received by the council on May 11, 1998, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter at an estimated total cost of the improvement of $520,000. 2. A public hearing shall be held on such improvement on the 8th day of June, 1998, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 11`h day o Marilyn G. Anderson Clerk- Treasurer ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. Council member Neal move its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 98-65 RESOLUTION TRANSFERRING DOLLARS FROM VARIOUS FUNDS TO AID IN THE CONSTRUCTION OF CITY HALL AND POLICE STATION WHEREAS, funds are dollars are available in various funds, and WHEREAS, the City Council has authority to use these funds for use they see fit, and WHEREAS, the utility funds will be reimbursed their contribution at time of sale of the current Police Station land, and WHEREAS, the amount to be transferred is $2,700,000. NOW THEREFORE BE IT RESOLVED, that the following transfers be authorized and that the ,Apollo Drive Construction Fund and the Industrial Park Fund be closed: Increase Decrease Civic Ctr Construction Fund (432) $2,700,000 Area and Unit Fund (406) (500,000) Surface Water Management Fund (422) (250,000) Closed Bond Fund (301) (954,492) Apollo Drive Construction Fund (452) (336,498) Industrial Park Fund (451) (479,010) Water Operating (601) ( 90,000) Sewer operating (602) ( 90,000) Adopted by the City Council of Lino Lakes this 11t d Marilyn G. Anderson, Clerk Treasurer y i/A A„"•�- rly � S livan - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergesonand upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. RESOLUTION NO. 98 - 65 Page -2- Page 2 The following voted against same: none, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted: Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -66 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103 -17 (as proposed and /or finally adopted, the "Regulations ") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following projects: Construction of a City Hall, Police Station, & Early Childhood Learning Center, and purchase of park land for an athletic complex, which are further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax - exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of section 1.103 -17(1) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. Resolution No. 98 -66 Page 2 c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds ") to be issued by the City after the Mate of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Resolution No. 98 -66 Page 3 Adopted by the City Council this 11th day of May, 19 Marilyn E . Anderson Clerk- Treasurer erly A. Sullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. (TOTAL City Hall, Police, Early PROJECT DESCRIPTION $ 6,500,000 EA o 0 0 o o 0 EA 01 0 0 o 0 0 TOTAL COST $ 6,500,000 000'005'5 ESTIMATED COST TO BE REIMBURSED FROM BOND PROCEEDS Lease Agreement SOURCE OF FUNDS TO PAY BONDS Property Taxes SOURCE OF FUNDS TO PAY BONDS $ 6,500,000 EA 0 o 0 o o o EA 01 in o 0 o o o AMOUNT OF FUNDS TO PAY BONDS V II8IHX3 X m -Cl) zo m c z _10 oz O Wz oP zco 0 c a) a) Council member Dahl resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-67 introduced the following RESOLUTION APPROVING ANNUAL TRANSFERS FROM TAX INCREMENT FUND 3 -1 TO AREA & UNIT FUND, CLOSED BOND FUND AND SURFACE WATER MANAGEMENT FUND FOR ASSESSMENT PAYMENTS FOR GNW MECHANICAL WHEREAS, T.I.F. assistance was given to GNW Mechanical for assessments, and WHEREAS, assessments owed to the City are to be paid with tax increments received, and WHEREAS, the City Tax Increment attorney has suggested an assessment schedule based on the estimated term of the district, and WHEREAS, the City has developed the assessment schedule with a 10% interest rate, and WHEREAS, the schedule may be altered as increment is received. NOW THEREFORE BE IT RESOLVED, that the attached assessment schedule transfer be approved. Adopted by the City Council of Lino Lakes this 1 \a'' C� ti Ma ilyn Anderson, Clerk Treasurer 9:. K ullivan - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted: City of Lino Lakes Assessment Schedule GNW Mechanical Estimated End Date 2002 Principal 29,947 Interest rate 10% Number of Years 5 Principal Area & Unit Principal Interest Total Remaining 1998 5,989 1999 5,989 2000 5,989 2001 5,989 2002 5,989 Total Principal Interest rate Number of Years 2,995 2,396 1,797 1,198 599 8,984 23,958 8,385 17,968 7,786 11,979 7,187 5,989 6,588 0 29,947 Bond Fund Principal Total 8,984 38,931 51,799 10% 5 Principal Interest Total Remaining 1998 10,360 1999 10,360 2000 10,360 2001 10,360 2002 10,360 Principal Interest rate Number of Years 5,180 15,540 41,439 4,144 14,504 31,080 3,108 13,468 20,720 2,072 12,432 10,360 1,036 11,396 0 51,799 15,540 25,552 10% 5 Surface Water Principal Interest Total 1998 1999 2000 2001 2002 67,339 Principal Total Remaining 5,110 2,555 5,110 2,044 5,110 1,533 5,110 1,022 5,110 511 7,666 20,442 7,155 15,331 6,644 10,221 6,133 5,110 5,622 0 25,552 7,666 1998 21,460 10,730 1999 21,460 8,584 2000 21,460 6,438 2001 21,460 4,292 2002 21,460 2,146 33,218 32,190 85,839 30,044 64,379 27,898 42,919 25,752 21,460 23,606 0 107,299 32,190 139,488 Council member Dahl introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-68 RESOLUTION DESIGNATING GENERAL FUND FUND BALANCE FOR THE YEAR ENDED DECEMBER 31, 1997 WHEREAS, fund balances need to be designated, and WHEREAS, the City Council has determined priorities to designate funds, and WHEREAS, the amount to designate is $307,304. NOW THEREFORE BE IT RESOLVED, that the following designations be authorized effective December 31, 1997. Purchase of Finance Computer software /hardware Parks playground equipment Road Reconstruction Personnel Contingency Total Adopted by the City Council of Lino Lakes this 11 t da of May, 19 Maril n G. Antlerson, Clerk Treasurer $ 73,750 153,652 30,730 49,172 $307,304 The motion for the adoption of the foregoing resolution was duly seconded by council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Berteson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted: