Loading...
HomeMy WebLinkAbout05/14/1990 Council Minutes4 4 COUNCIL MEETING MAY 14, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 7:00 F.M., Monday, May 14, 1990. Council Members present: Bohjanen, Reinert, Kuether, Neal. Council Members absent: none. City Attorney, Bill Hawkins; Planner, John Miller; Engineer's, Dan Boxrud and Darrell Schneider; Administrative Assistant, Dan Tesch; Public Works Director, Don Volk; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Regular Council Meeting, April 23, 1920 - Council Member Bohjanen moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENT April 30, 1990 - Council Member Neal moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. May 14, 1990 - Council Member Neal asked why the item for Zarnoth Brush Works was listed in the Police Department disbursements. Mrs. Anderson explained that this is a Public Works Department expense. Council Member Neal moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council member Kuether seconded the motion. Motion carried unanimously. OPEN MIKE North Metro Mayor's Association, Joseph Strauss - Mr. Strauss, Executive Director of North Metro Mayor's Association explained that this organization is comprised of eleven north metro area cities. This area encompasses more people and receives fewer public and private dollars than the areas south of the Twin Cities. He noted all the facilities located south of the downtown areas and said that his organization was addressing this issue and is organizing efforts to get the fair share of both dollars and development in the north metro area. The focus at this time is mostly economic development and transportation. This organization is attempting to influence decision makers in the public and private sectors regarding both of these matter. Mr. Strauss noted that the north metro area is the fastest growing area in the entire State of Minnesota. He explained that if the north-metro area does not shape its tax base at this time, it will. become totally dependent upon residential taxes. This organization is attempting to put pressure on the legislature and lobby for matters of concern to the north PAGE 1 4 6 COUNCIL MEETING MAY 14, 1990 metro area as well as market the area and improve its image. Mr. Strauss explained that this organization is currently publishing a magazine called "Northern Lights ". He outlined the content of the magazine. Mr. Strauss told the Council of some of the organizations accomplishments during the 1989 and 1990 legislation sessions. These issues involved transportation, bridge funding and Tax Increment Financing. The Council thanked Mr. Strauss for updating them regarding this organization. No action was taken on the proposed North Metro Development Association Agreement. Orientation in the Use of Installment Purchase Contracts, Rusty Fifield - Mr. Fifield explained to the Council a cost effective method of building public buildings using an installment purchase plan. He noted that this plan allows the City to sell bonds with interest rates comparable to general obligation bonds. It allows the City to levy taxes for the payment of these bonds outside of the levy limit and they are not subject to debt limits of the City. In addition, the bonds are not subject to a referendum. The biggest concern regarding this method of financing public buildings is that this financing option will no longer be available after July 1, 1990. In addition an Economic Development Authority must be created by the City Council. Mr. Fifield outlined the details of this plan: 1) call for a public hearing on the creation of the Economic Development Authority, 2) authorize the preparation of financing plans for presentation to the City Council on May 29, 1990, and 3) create the Economic Development Authority to issue the bonds on June 11, 1990. Mr. Schumacher explained that he was directed by the Council to look into this type of financing and bring the information to the Council. He noted that there is very little time to complete all the details that must be completed to insure that the City can become involve in this financing program. He explained that this financing tool would be very useful in the event the Council does decide to go forward with building any new municipal buildings. The creation of an Economic Development Authority (EDA) was discussed. The Council was told that they would determine the Board of Commissioners of the EDA. The EDA would have certain powers unto itself and certain other powers that would be subject to Council approval. Council Member Reinert asked how the City Charter would affect the creation of an EDA. Mr. Hawkins explained that there would be no conflict between the EDA and the City Charter. Mr. Miller noted that the Economic Development Committee has PAGE 2 1 1 COUNCIL MEETING MAY 14, 1990 discussed this financing method and would like to meet with the Council prior to the public hearing. Mr. Fifield explained that if this method of financing is developed by the Council, the Council will have to be specific regarding where the bond money is to be spent. The ability to collapse any portion or all of the projects should be built into the program. The Council thanked Mr. Fifield for attending this evening. (See Page 13, Economic Development Authority) PLANNER'S REPORT - JOHN MILLER Economic Development Committee Recommendation to Complete Market Analysis - Mr. Miller explained that Lino Lakes has been successful in marketing its residential development and now has placed a cap on the number of housing units that can be built in one (1) year. However, Lino Lakes has not been as successful in attracting industrial and commercial development. The Economic Development Committee (EDC) has looked at the two (2) diamond interchanges in the City and has noted that there is considerable interest in developing these areas. The EDC has decided that a market analysis and land planning analysis should be completed and they have taken proposals from several firms to complete these studies. When this work is completed, the EDC is planning to sponsor a developers luncheon and make a sales pitch for these areas. I.t is hoped that this will attract some development for the spring of 1991. Three (3) proposals have been received and Mr. Miller recommended that the Council accept the proposal from Short, Elliot and Hendrickson to complete a land planning analysis and accept the proposal from Advance, Inc. to complete a market analysis. The total cost of both proposals is $16,900.00. Mr. Schumacher explained that the City will pay for the two studies at this time. It is expected that as the land develops, the developers will participate in these costs. The City may never fully recover all of the costs. Council Member Reinert asked why these studies were not being completed in -house and use the resources of the firms Selected here. He noted that a large amount of money has been spent on studies and felt that the City Planner should be used in this capacity. T' ;; explained that these two studie very time consuming and Mr. Miller did not nave time to do this. Mayor Bisel noted that these studies are addressing marketing not planning. He ieit that =�J' two interchanges needed to be developed to the bet_ .vantage of Lino Lakes and the City should not be re- active t :: development but pro- active and see that they are pia; ed for PAGE 3 47 48 COUNCIL MEETING MAY 14, 1990 the best usage. Council Member Bohjanen asked if there was a rush to complete these studies and Mr. Miller explained that the City has received petitions from all of the landowners adjacent to the I35E interchange for a feasibility study. Mr. Miller also noted that if a commercial or industrial developer came to the City and said that they needed land for development, the City has nothing to offer them. We have a lot of vacant land, but none with services available. Council Member Reinert explained that he would like to see Mr. Miller take a more active roll and reduce these costs. Mayor Bisel said that the City is no longer looking at just housing developments. He also noted that the EDC was not the priority as it is now. The EDC is taking a very active roll in the development of an expanded tax base. Council Member Reinert said he was not in disagreement with the need for the analysis, however he did not agree with spending money for something that could be done in- house. Council Member Kuether moved to approve Option No. 1 and approve the proposal from Short, Elliot, and Hendrickson to complete land planning as outlined in its proposal and to approve the proposal from Advance, Inc. to complete a market analysis as outlined in its proposal providing that these analysis can be charged back to the developers. Council Member Bohjanen seconded the motion. Mr. Hawkins noted that this is a cost that cannot be assessed. However, the City can include in the development agreement a portion of these charges that would be paid in cash. On a roll call vote, motion carried with Council Member Reinert voting no. CONTINUATION OF PUBLIC HEARING, REZONE OF I35E CORRIDOR, JOHN MILLER This public hearing was continued from the April 29, 1990 Council meeting. Mr. Miller explained that he has visited with a few residents in this area and would like to have this public hearing continued to May 29, 1990 so that he can visit with other residents. Several members of the audience asked the Council to make a decision on the matter this evening. Council Member Bohjanen explained that the note on the agenda indicated the public hearing would be continued, so he did not study the material in his packet. He felt that he was not prepared to make a decision this evening. After further discussion on this matter, Council Member Bohjanen moved to continue the public hearing to May 29, 1990. Mayor Bisel seconded the motion. On a roll call vote, PAGE 4 1 1 1 COUNCIL MEETING MAY 14, 1990 motion carried with Council Member Neal and Council Member Reinert voting no. The Council took a five minute recess. CONSIDERATION OF CABLE TELEVISION EXTENSION, OTTER LAKE ROAD, RESOLUTION NO. 27 - 90, DAN TESCH Mr. Tesch explained that. Cable TV North Central has requested permission to expand their service to Otter Lake Road through the White Bear Cable system. This will be a temporary service until the time that density in the area warrants the extension of the Lino Lakes system. Franchise fees will be collected by Lino Lakes. There was discussion regarding getting the cable TV carrier to connect this area to the Lino Lakes system before their criteria is met. Council Member Reinert moved to approve Resolution No. 27 - 90 and allow the connection to the White Bear Cable system. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 27 - 90 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 06 - 90 CHANGING REGULAR COUNCIL MEETING HOURS, RANDY SCHUMACHER Council Member Bohjanen moved to approve the first reading of Ordinance No. 06 - 90 and dispenses with the reading. Council Member Neal seconded the motion. Mayor Bisel asked that the City Charter be reviewed to determine if this will require a Charter amendment. Council Member Neal suggested that all boards and committees look at changing their meeting time. Mayor Bisel also suggested that the citizens call and let the staff know whether they agree with the proposed meeting time change. On a roll call vote, motion passed unanimously. Ordinance No 06 - 90 can be found at the end of these minutes. FI-�..c= _. w.. ,wr, - _•�_�� un n7 - 90 DEFERMENT OF SPEC L r. :. x �P 1i1J 1, II2111u inu, ..� ." ".. :.•.. >�.. .. _. ASSESSMENTS, RANDY SCHUMACHER Mr. Schumacher explained that this ordinance wa_e .:.,tr ced approximately two (2) years ago. Quests. :s regarding, come and asset level qualificatinr- . raised and have ;; been resolved. "_ r, nun's income guidelines have be=. included in the Council packets. Mr. Schumacher noted that the intent of the ordinanc: to help the truly hardship cases. The concern is not tc PAGE 5 49 COUNCIL MEETING 5 MAY 14, 1990 the qualifications to liberal because too many residents will apply for the deferment and make the project not feasible. There were questions regarding value of homes, asset qualification and how to prove the accuracy of statements provided by the residents. Mr. Schumacher explained that Staff would review each application for deferment and request supporting documents such as tax statements. Council Member Kuether noted that Item D is a very low market value. She explained that if this criteria fits only a couple of people in the City it will not be effective. Mayor Bisel referred to Item F and noted that the interest rate should be adjusted. Mr. Schumacher explained that this could be written the same as the assessment policy. Council Member Bohjanen moved to approve the first reading of Ordinance No. 07 - 90 and dispense with the reading thereof and direct Staff to research Item D and Item F and subdivision 3. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 07 - 90 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 08 - 90, REZONE OF PINERIDGE, PHASE I, JOHN MILLER Mr. Miller explained that the developer is in the process of subdividing the property known as the Soukop property for single - family residences. At the April 23, 1990 Council meeting the Council approved the preliminary plat for a R -1 subdivision and approved the first reading of the above referenced ordinance to rezone the property from R -1X to R -1. Mr. Miller explained the main reason for the rezone request is the amount of wetlands in the area. This will allow the frontage of the lots to be reduced from 90 feet to 80 feet. This will give the developer an average of 1.8 home per acre. Council Member Neal asked if the park issue has been resolved. Mr. Miller and Mr. Volk said that it had been resolved and the resolution is found in the Park Board minutes. Council Member Reinert felt that the matter had not been resolved. Council Member Bohjanen moved to approve the second reading of Ordinance No. 08 - 90 and dispense with the reading. Mayor Bisel seconded the motion. On a roll call vote, the motion failed with Council Member Neal and Council Member voting no and Council Member Kuether abstaining. Mayor Bisel noted that the land is not R -1X land and further explained that it was zoned with a larger parcel of land. At the time it was zoned R -1X, no one investigated to see what the soils conditions were. Mr. Miller explained the background of the Montain property and how this entire area PAGE 6 COUNCIL MEETING MAY 14, 1990 was zone R - -1X. After the developer of the Soukup property completed his soils analysis it was determined that this is not R -1X property. There will have to be a lot of drainage and ditching to make the land developable. Mr. Miller further explained that the developer is only proposing to reduce lot sizes and not house values. The Montain and the Barott properties will remain R -1X. Council Member Reinert said he felt the matter of maintenance of the ponding areas was still unresolved. He wanted to know why home owner associations were required in only the Uhde subdivisions. SECOND READING, ORDINANCE NO. 05 - 90, AMENDING ACCESSORY BUILDING CODE, JOHN MILLER Mr. Miller explained that the first reading of this ordinance was on April 23, 1990. This ordinance would allow slightly larger accessory buildings in residential areas with 3/4 acre lots to 1 3/4 acre lots. Council Member Reinert moved to approve Ordinance No. 05 - 90 and dispense with the reading. Council Member Neal seconded the motion. On a roll call vote, the motion carried with Council Member Kuether and Council Member Bohjanen voting no. Ordinance No. 05 - 90 can be found at the end of these minutes. ENGINEER'S REPORT First Reading, Ordinance No. 03 - 90 Amending Street Construction Standards, Dan Boxrud - Mr. Boxrud referred to Mr. Volk on this matter. Mr. Volk explained that he has been working with Mr. Boxrud on this matter and the changes basically are housekeeping changes. He noted that addressing how streets are designed to accommodate the water table's effect on soil strength is the most important change. This proposed ordinance has been reviewed by Staff. Council Member Reinert moved to approve the first read ng of Ordinance No. 03 - 90 and dispense with the reading. ouncil Member Bohjanen seconded the motion. On a roll call v te, motion carried unanimously. Ordinance No. 03 - 90 can be found at the end of these minutes. First Reading, Ordinance No. 04 - 90 Amending the Sub ision and Platting Code, Dan Boxrud - Mr. Boxrud explained with the change in the street construction code, a r ion in the subdivision and platting ordinance is requireZ "his ordinance will eliminate duplication and conflict and: :e other minor changes. PAGE 7 COUNCIL MEETING MAY 14, 1990 Mayor Bisel referred to the park requirement in the subdivision ordinance and asked how this City can get developers to think parks and submit something more acceptable at the time of platting. Mr. Boxrud explained that the Park Board will be addressing this problem and establishing a comprehensive park plan. When this is completed, developers will be able to look at this plan and plan their development including the designated parks. The developer will know up front where and how much park land is required. Mr. Boxrud also indicated that a step by step procedure is being developed for the developer. Council Member Reinert moved to approve the first reading of Ordinance No. 04 - 90 and dispense with the reading. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Review of Modified Assessment Policy, Darrell Schneider - Mr. Schneider told the Council that the assessment policy has been reviewed and he is recommending a number of changes in the policy. Mr. Schneider noted that the changes included a number of items that should be discussed by the Council in detail and suggested that a workshop be called for this review. Mr. Schneider asked that the City Attorney review the draft policy and give his input in the area regarding condemnation. It was suggested that a workshop be set prior to the next Council meeting to review this matter. Resolution No. 26 - 90 Ordering Plans and Specifications for Installation of Wearing Course in Several Subdivision, Darrell Schneider - Mr. Schneider explained that these subdivisions with the exception of Woodridge Estates and Rohavic Oaks, Second Addition are all about 80% completed and ready for the wearing course. He suggested that he prepare plans for only the subdivisions that have reached the 800 completion. Mr. Schneider noted that he felt that the policy of waiting until the subdivision is 80% completed is a good policy. Council Member Reinert moved to approve Resolution No. 26 - 90 and to accept the Engineer's recommendation to exclude Woodridge Estates and Rohavic Oaks, Second Phase. Council Member Bohjanen seconded the motion. On a roll call vote, Lotion carried unanimously. Resolution No. 26 - 90 can be found at the end of these minutes. Resolution No. 22 - 90 Receiving Feasibility Report and Calling Public Rearing on White Tail Ridge - Dan Boxrud - Mr. Boxrud explained that there are six properties involved with the potential improvement. He has prepared a very PAGE 8 1 1 COUNCIL MEETING MAY 14, 1990 conservative estimate of costs, including curbs, gutters and street lights. Mr. Boxrud expressed concern regarding whether or not some of the property is buildable. If some of the frontage is unbuildable, the cost per foot increases and then the matter of whether the benefit exceeds the cost becomes an important question. Mr. Boxrud noted that the completion of this proposed improvement would complete a loop from Reiling Road to Deer Pass Trail. It was noted that neither of these existing streets have curb and gutter. It was also noted that whatever the Council decides in this area will probably affect what will happen in similar situations. Council Member Reinert moved to approve Resolution No. 22 - 90 and Option No. 1 of Mr. Boxrud's "green sheet ". Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 22 - 90 can be found at the end of these minutes. Resolution No. 23 - 90 Receiving Feasibility Report and Calling Public Hearing on Brandywood Estates - Mr. Boxrud explained that the improvements for Brandywood Estates are straight forward. Both sewer and water extensions will come east on Birch Street from Black Duck Drive. Item No. 5, page Section 1 - 1 of the Report regarding costs of $140,120.00 to be assigned to the trunk sewer and water fund of the City were discussed. Mr. Boxrud explained this resulted because no one will be assessed between Black Duck Drive and the subdivision. When these areas develop, they will pick up these costs. A question regarding how healthy the trun]c - sewer and water fund is was raised. Council Member Reinert was concerned about creating a problem in this fund in the event that the housing market comes to a halt. Council Member Neal addressed the park issue. Mr. Boxrud explained that the park issue was addressed by the Far Board. Either land will be purchased when the second base is developed or cash will be given. Council Member Reinert asked for projections relative o the number of children per household and the number of ch. iren per subdivision. He noted that he w.,uld like to look this issue in terms of the police and fire departments as 1 as the effect on the school district. Mr. Steven Johnston, the engineer for the developer, Fitzgerald addressed the Council. He expressed conce because the trunk storm water policy was not in place this subdivision was started. It appears that now ti subdivision will receive an assessment for this impr and he asked if it was necessary since all storm watt: PAGE 9 en ent >11 53 COUNCIL MEETING MAY 14, 1990 be controlled in the subdivision. Mr. Johnston noted that this assessment will probably be paid and would, in effect, offset some of the $140,120.00 deficit noted above. Council Member Neal moved to approve Resolution No. 23 - 90 ordering the public hearing on the improvement and the public hearing for the preliminary plat for June 11, 1990. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 23 - 90 can he found at the end of these minutes. Resolution No. 24 - 90 Receiving Feasibility Report and Calling Public Hearing on Pheasant Hills, Dan Boxrud - Mr. Boxrud noted that the subdivision is similar to Brandywood Estates. The preliminary plat has not been completed nor has it received approval from the Design Review Board. Mr. Boxrud explained that water service would come from Birch Street and Black Duck Drive and sewer service would be extended from the Centerville lift station. Mr. Boxrud noted that $278,253.00 of improvement costs is being assigned to the trunk sewer and water fund at this time. This resulted because the services will be extended through areas that are not expected to develop in the near future. Council Member Reinert expressed concern regarding the condition of the trunk sewer and water fund. He suggested delaying action on this item until a report is received on the fund. Mr. Boxrud noted that this is not a typical subdivision. Lot frontages exceed the minimum requirements and the costs of- the homes are expected to start at about $225,000.00. Improvement costs and assessments rates will be high. Mr. Johnston told the Council that he plans to submit the preliminary plat to the Staff on May 29, 1990. Council Member Bohjanen moved to approve Resolution No. 24 - 90 and set the improvement hearing. Council Member Neal seconded the motion. On a roll call vote, motion carried with Council Member Kuether abstaining. Resolution No. 24 - 90 can be found at the end of these minutes. Resolution No. 25 - 90 Receiving Feasibility Report and Calling Public Hearing on PineRidge - Dan Boxrud - Mr. Boxrud explained that the preliminary plat is based on an R -1 zoning and since the Council has defeated the rezoning of the property, the information contained in the feasibility report is not appropriate. Mayor Bisel asked if any member of the Council wished to reconsider the rezone of this property. No PAGE 10 55 COUNCIL MEETING MAY 14, 1990 one asked that this platter be reconsidered. ATTORNEY'S REPORT - BILL HAWKINS Update on Pending Litigation - Mr. Hawkins updated the Council on the matter regarding the attorney for the Community Action Committee. This attorney has been ordered to pay the initial judgement against her of $500.00 to the City. She has agreed to pay this in installments. The hearing was continued until all installments have been paid. Mr. Hawkins expected the matter to be conclude upon payment of all installments. OLD BUSINESS Update Regarding the Employee Computer Program - Mr. Schumacher explained that eight (8) persons in the Administration office are interested in participating in this program. Mr. Schumacher recommended that the Council :initiate the program on a trial bases and limit the number of participants to no more than four (4). The participants should be determined on a priority use basis. Concern was expressed regarding an employee who would terminate their employment and not have his /her unit paid for. Mr. Schumacher explained that usually a terminating employee has unused benefits that this money can be taken from. Council Member Kuether moved to approve the Employee Computer Program Flan for four (4) units on a trial basis. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried with Council Members Reinert and Neal voting no. Consideration of Certain Employee Salary Adjustments, Randy Schumacher - Mr. Schumacher explained that three part -tine employees, Police Clerk, Senior Coordinator and Waste Abatement Coordinator and two full -time employees, the Administrator and the Clerk - Treasurer are considered in this presentation. The Council had met in a work session a - - d discussed these issues. Council Member Bohjanen moved to approve the Administrators recommendation for all of te above me;;tioned employees except the Administrator. C ncil Member Neal seconded the motion. On a roll call vote; otion carried unanimously. Council Member Bohjanen moved to approve a 4% salary for the City Administrator plus a 2% merit increase. Member Kuether seconded the motion. On a roll call i.. motion carried unanimously. rease un c i. l Update Regarding Accommodations at the League of Minim to Cities Conference, Duluth - Mrs. Anderson explained she had registered all of the Lino Lakes delegation to U.. conference at either the Radisson Duluth or the Halm' nn. PAGE 11 5 6 COUNCIL MEETING MAY 14, 1990 Neither facility was available and all the Lino Lakes delegation is now registered at the Park Inn. Mrs. Anderson noted that she had called the Duluth Convention Bureau and the Radisson Hotel Duluth itself. There appears to be no way of moving the Lino Delegation from the Park Inn. NEW BUSINESS Presentation of Concerns Regarding Warning Siren in the Area of Deer Pass Trail - Mr. Schumacher explained to the Council that a warning siren plan had been approved by the Council about three (3) years ago. The City has been purchasing one (1) siren per year and the VFW has been donating one (1) siren per year since the plan was adopted. This plan will be completed at the end of five (5) years. The location of the sirens was determined by a panel of persons using the criteria set out in the plan. A siren has been placed on Deer Pass Trail and several residents have objected to the location of the siren. Mr. Charles Prokop, 2210 Deer Pass Trail presented a petition signed by twelve (12) property owners along Deer Pass Trail requesting that the siren be relocated. Several different sites were suggested. Mr. Prokop expressed concern because residents were not given a chance to voice their suggestions regarding location of the siren. Their concerns are appearance and the possibility of reducing property values. Another resident on Deer Pass Trail said he would have liked the opportunity to work with the Staff in locating the siren where it would fit best and make it amenable to the area. Mr. Volk said the siren was installed according to the plan adopted by the Council. He noted that moving the siren any significant distance would disturb the warning siren plan. Mr. Schumacher asked if there is an estimate of the cost to move the siren at this time. Mr. Prokop said he has checked with NSP and they have estimated $400.00. Mr. Prokop said he would be willing to pay the $400.00. Mr. Scott Hedberg, 2207 Deer Pass Trail said that when he sits in his living room and looks out the front window, all he sees is the siren. He said he would be willing to pay for some of the cost of moving the siren. Mr. Volk explained that there has been protest from every neighborhood where a warning siren has been placed. He suggested that if the Council allows this siren to be moved, many more requests will be coming. The Council directed Staff to look at this particular location and determine if there is a more suitable site on public right -of -way. Council Member Neal said he would survey the area with the Staff. PAGE 12 COUNCIL MEETING MAY 14, 1990 Economic Development Authority -- Mr. Schumacher explained that if the Council is interested in participating in the type of financing outlined by Mr. Fifield earlier in the Council meeting, a public hearing must be set for the creation of the Economic Development Authority. Council Member Neal moved to set this public hearing for June 11, 1990 at 8:15 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to adjourn at 11:38 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on May 29, 1990. Ma \i1 Clerk- Anderson, reasurer PAGE 13 Harold L. Bise Mayor } 57 CITY OF LINO LAKES RESOLUTION NO. 27 - 90 A RESOLUTION GRANTING A CABLE COMMUNICATIONS SYSTEM EXTENSION PERMIT TO CABLE TV NORTH CENTRAL OF RAMSEY /WASHINGTON, WHEREAS, the City of Lino Lakes (hereinafter "City ") has awarded a cable communications franchise to Cable TV North Central, Inc. for the purposes of constructing, operating and maintaining a cable communications system within the City; and WHEREAS, the City desires that cable communications service be made available to certain residences within the City in a area around Otter Lake Road which would not otherwise receive service under the terms of the City's existing cable communications franchise; and WHEREAS, Cable TV North Central (hereinafter "Company ") has offered to extend service to these residences which are not within the boundaries of its core service unit; and WHEREAS, Minnesota Statutes, Chapter 238.17, allows a cable communications system to extend or provide service outside of the boundaries of a core service unit if the cable communications system obtains an extension permit issued by the municipality which has jurisdiction over the extension - area; and, WHEREAS, the City has considered this extension permit at a regular meeting of the governing body and has afforded the public reasonable notice and reasonable opportunity to be heard and the process has, in all respects, complied with applicable law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIN.O LAKES AS FOLLOWS: 1. That there be, and hereby is granted to the Company, its successors and assignees, a cable communications system extension permit. The extension permit hereby grants the right and privilege of erecting,_ enlarging, operating, repairing and maintaining in, on, under, across and along public streets, alleys, right -of -ways and public grounds of the City, including subsequent additions thereto, transmission 45 lines or cables, including all necessary , usual or convenient poles, pole lines, wires, and all other fixtures and appurtenances, usual and convenient for use in connection therewith, in the operation of a system for the purpose of receiving, transmitting and distribution and furnishing television and radio impulses or signals for public and private use in and to the area of said City known as Otter Lake Road. .Company shall comply with City's procedures for the obtaining of permits for all such construction plans. 2. The Company shall fully connect and residential areas receiving cable service under the terms of this extension permit to the system operated by Cable TV North Central within one hundred twenty (120) days of a determination by the Company that such residences meet the density requirement for line extension under the terms of the franchise granted by City to the Company. 3. The Company shall inform potential subscribers in residential areas to be served under the extension permit that they will receive the educational access channel provided in the Ramsey /Washington franchise area and that they will not receive the government access channel or the public access channel provided by the Company of the North Central Suburbs. 4. The Company and City herein agree, to the extent applicable, to abide by those terms of the cable communications franchise ordinance of the Ramsey /Washington Counties Suburban Cable Communications Commission as they may be amended, which pertain to system wide channel capacity, standards for system installation, maintenance and operation, indemnification of franchisor, rights of individuals, subscriber contracts, practices and privacy, liability insurance, abandonment of service, information availability, removal of equipment and termination or cancellation of 5. The Company and City herein agree that all remaining provisions of the cable communications franchise ordinance and agreement of the PR»- _ngton • Counties Suburban Cah1P r ;......unications Commission as they may be amended, are not applicable. -2- 6. The Company shall pay to the City on an annual basis any franchise fees, calculated as five percent (5 %) of gross revenues derived from the extension area. 7. The Company is hereby authorized to collect from its subscribers any governmentally imposed tax, copyright fee or royalty, provided said monies are also collected from all other subscribers of the Ramsey /Washington area. 8. Prior to implementing any increase in rates for cable programming service, the Company shall provide thirty (30) days written notice to City. The rates for the Otter Lake Road area subscribers shall be the same as rates charged similarly situated subscribers of the Ramsey /Washington area. 9. A schedule of rates currently in effect is attached and included as part of this extension permit. 10. The expiration date of the extension permit herein shall be coincident with that of the cable communications franchise awarded to the Company by the Ramsey /Washington Counties Suburban Cable Communications Commission by way of renewal or amendment of said franchise, shall automatically apply to the extension permit herein, provided that this permit shall expire earlier should service become available to the Otter Lake Road area from the North Central Suburbs. 11. All ordinances and parts of ordinances in conflict herewith are hereby preempted. 12. The Resolution shall be effective upon its passage' and publication in accordance with law. ' 13. The Company guarantees that this area shall be fed from the North Central Suburban system once densities qualify it for same. PASSES AND ADOPTED THIS 14th DAY OF By ATTEST: May 1g';0- Its Mayor By /1 l:.4 1 :J ,V,Pi1,9n,"? Its Clerk - Treasurer 6d CITY OF LINO LAKES ORDINANCE NO. 06 - 90 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF LINO LAKES, CHAPTER 200, SECTION 202.01 BY CHANGING THE REGULAR COUNCIL MEETING HOUR The City Council of the City of Lino Lakes ordains as follows: Section No. 1 Chapter 200, Section 202.01 Meetings shall be amended to read as follows: Subdivision 1. Regular Meetings. The City Council shall have regular sessions on the 2nd and 4th Mondays of each month at 6:30 P.M., and if such Monday shall fall on a holiday shall have its regular session the following day, and adjourned and special sessions at any other time the Council may deem proper. Section No. 2 This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council this day of 1990. Harold L. Bisel, Mayor Marilyn G. Anderson, Clerk- Treasurer 1 1 Council Member and moved its adoption: CITY OF LINO LAKES Anoka County Minnesota ORDINANCE NO. 07 - 90 AN ORDINANCE PROVIDING FOR THE DEFERMENT OF SPECIAL ASSESSMENTS introduced the following ordinance The city Council of the City of Lino Lakes ordains as follows: SECTION I. DEFERMENT OF SPECIAL ASSESSMENTS. Subdivision 1. The Council may defer the payment of any special assessments on homestead property owned by a person who is sixty -five (65) years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk is hereby authorized to record the deferment of special assessments where the following conditions are met; but nothing herein contained shall be construed to prohibit the determination of such a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines where the determination is made by the City Council in a nondiscriminatory manner give the applicant an unreasonable preference or advantage over other applicants: A. Any applicant must be sixty -five (65) years of age, or older, or retired by virtue of permanent and total disability, and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant. B. The applicant and any other owner of said ,roperty who resides therein with the applicant sha 1. not have an annual gross income in excess of t' Section 8, low income limits in Pff.--^+ at e time of the application (as - :;.aolished by the Department of T?wuing and Urban Developmer Income specified in the application shout , the income of the year preceding the year in A the application is made, or the average incom "the three (3) years prior to the year in whic' e application is made. 61 62 ORDINANCE NO. 07 - 90 C. The applicant and any other owner of said property who resides therein with the applicant shall not have gross assets (excluding the homestead property) in excess of $50,000.00. D. The Assessor's Market Value of the applicant's homestead parcel shall not exceed $60,000.00. E. The limitations on an applicant's assets, and property marked value may be adjusted on an annual basis upon recommendation of the City Administrator and motion of the City Council of the City of Lino Lakes. F. Unless otherwise provided under the resolution adopting said assessments, all such deferred assessments shall bear interest at the rate of eight (8 %) per cent per annum. G. This procedure shall not apply to any assessment of $100.00 or less. Subdivision 2. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Clerk of any change in his status that would affect eligibility for deferment. Subdivision 3. The entire amount of deferred special assessments shall be due within sixty (60) days after loss of eligibility by the applicant. If the special assessment is not paid within sixty (60) days, the City Clerk shall add thereto interest at eight (8 %) per cent per annum from date assessments wee adopted through December 31 of the following year and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within sixty (60) days a sum equal to the number of installments of deferred special assessments , outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subdivision 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: PAGE 2 . 1 1 63 ORDINANCE NO. 07 - 90 A. The death 'of the owner when there is no spouse who is eligible for deferment. B. The sale, transfer or subdivision of all or any part of the property. Loss of homestead statils on the property. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment. Subdivision 5. Notice of the special assessment deferral shall be filed by the City Clerk with the Anoka County Recorder as provided by law. Failure to record such notice, however, shall not affect the validity of the special assessments.. Subdivision 6. Any person, firm, entity or corporation who shall provide false information in application for a deferral under this provision or shall violate any term or condition contained herein shall be guilty of a misdemeanor as defined by state law. SECTION II. EFFECTIVE DATE. Subdivision 1. This ordinance shall be effective from and after its passage and publication as provided by the Lino Lakes City Charter Passed this day of . 1990 by the Lino Lakes City Council. Harold L. Bisel, Mayor ATTEST: Marilyn G. Anderson, Clerk- Treasurer ' The motion for the adoption of the foregoing ordinance was duly seconded by Council Member upon vote being taken thereon, the following voted in favor: The following voted against the same: Whereupon the ordinance was declared duly passed and adopted. PAGE 3 64 CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 05 -90 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY AMENDING SECTION 4, SUBDIVISION 7, INCREASING CERTAIN ACCESSORY BUILDING SIZES. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983, is hereby amended by deleting the current language in Section 4, Subd. 7 (11) (E) and (F) to wit: (E) 1 to less than 2 1/2 acres (R, ER & Other Residential Districts) - 1 Tool shed (maximum 120 sq. ft.) - manu- factured metal structure optional. - 1 Detached garage (maxi- mum 760 sq. ft.), if there is no attached garage. - 1 Storage building (maximum 800 sq. ft.). - 16 ft. maximum height - No metal corrugated siding or roof. - Roof and exterior color and material compatible with home (except manufactured metal tool shed). (F) Under 11,250 sq. ft . to less than 1 acre (R, ER & Other Resi- dential Districts) Page 1 - 1 Tool shed (maximum 120 sq. ft.) - manu- factured metal structure optional. - 1 Detached garage if there is no attached garage (maximum 760 sq. ft.) - No metal corrugated siding or roof. - 14 ft. maximum height. - Roof and exterior color and material compatible with home (except manufactured metal tool shed). II. Ordinance No. 2 is hereby amended by adding the following language to Section 4, Subd. 7 (11). (E) Under 11,250 square feet to 32,670 square feet in rural and residential districts. (F) 32,671 square feet to 54,450 square feet in rural and residential districts. (G) 1 1/4 acres to 2 1/2 acres - A total of 880 square feet including any attached garage. - Not more than one garage, attached or detached, and not more than one additional detached accessory building. - 14 foot maximum height. - Roof and exterior color and material compatible with home (except manufactured tool shed). Page 2 - A total of 960 square feet including any attached garage. - Not more than one garage, attached or detached, and not more than one additional detached accessory building. - 16 foot maximum height_ - No metal or corrugated siding or roof. - Roof and exterior color and material compatible with home (except manufactured tool she )_ - 1 Tani - __.. i kmaximum 120 sq. ft.) - manu- factured metal struc e optional. - 1 Detached garage (maximum 760 sq. ft. if there is no attac. garage. 66 - 1 Storage building- (maximum 800 sq. ft.) - 16 ft. maximum height.. - No metal corrugated siding or roof. - Roof and exterior color and material compatible with home (except manufactured metal tool shed). This ordinance shall be effective thirty (30) days after its publication. Passed this Ilitth day of n'ACLio ) 1990 by the Lino Lakes City Council. a ily 1 G. Anderson Ci y Clerk- Treasurer Harold L. Bisel, Mayor Page 3 ORDINANCE NO. 03 - 90 CITY OF LINO LAKES COUNTY OF ANOKA AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 302, STREET CONSTRUCTION STANDARDS The City Council of the City of Lino Lake,F, Anoka County, Minnesota does ordain: I. Section 302. Street Construction Standards as originally written in the Lino Lakes City Code is hereby deleted. II. Section 302. Street Construction Standards is hereby rewritten as follows: 302.01 Purpose and Application Proper development and expansion of the City make it necessary to establish uniform standards for the construction and improvement of streets. It is the purpose of these standards to encourage well planned and efficient streets by establishing standards for design and construction. The following specifications and standards shall apply to all streets newly constructed or on which major improvements are undertaken. ' 302.02 Definitions Subd. 1. Specifications. "Specifications" are a detailed description setting forth the dimensions, materials, workmanship and f r,:,1 conditions under which any give type of construction is to be undertaken and carried forward by a contractor. Subd. 2. City Engineer. "City Engineer" is a :.�� �.cfered Civil Engineer appointed by the Council f . :r.. _.- pn���A¢ ring services in connection with any City work. The term also shall include his authorized representatives. Subd. 3. Right -of -Way. • "Right -of -t; is tb- land covered by a public road or her land dedicated for public use c: r PAGE I 67 68 PAGE 2 ORDINANCE NO. 03 -- 90 certain private use such as land over which a power line passes. Subd. 4. Street. "Street" is the pavement structure including subbase, gravel base, bituminous pavement, and curb and gutter. Subd. Minor Arterial. "Minor Arterial" is a street designed as Minor Arterial by the appropriate State, County, or City authority having jurisdiction over the roadway. Subd. 6. Collector Street. "Collector Street" is street designated as Collector Street by the appropriate State, County, or City authority have jurisdiction over the roadway. Subd. 7. Commercial /Industrial Street. "Commercial" or "Industrial Street" is any street designated as such by the City. Subd. 8. Local Street. "Local Street" is any street not designated as an arterial, minor arterial, collector street, commercial or industrial street. Subd. 9. Silt Fence. "Silt Fence" is a manufactured geotextile fabric appropriate for the use. Subd. 10. Subbase. "Subbase" is the imported material used to improve the stability and /or the strength of the subgrade. Subd. 11. Subgrade. "Subgrade" is the part of the roadbed at the elevation of the bottom of the gravel base. Subd. 12. Tack -Coat. "Tack- Coat" is a light coat of bituminous material applied to a surface prior to placing an overlaying mixture of bituminous material. Subd. 13. Street Access. "Street Access" is the right and ability to pass from a lot to a public street without the necessity of crossing private property. Subd. 14. Boulevard. "Boulevard" is the area of a right -of -way which is located between the street and property line on each side. ORDINANCE NO. 03 - 90 Subd. 1.5. Testing Laboratory. "Testing Laboratory" is a company or department of a company which has recognized special expertise and skill in performing specialized tests intended to determine compliance with specifications. 302.03 Design Standards. The following standards will apply to each and every street hereafter constructed in the City. Definite and detailed specifications and plans shall be prepared for each individual project based upon its own location and special features. The detailed specifications and plans shall be in accordance with this general outline and Minnesota Department of Transportation (Mn /DOT) standards as applicable. Subd. 1 General Design Standards (1) Widths. Street right -of -way widths shall not be less than as follows: Minor Arterial 120 feet Collector Street 80 feet Local Street GO feet Commercial and /or Industrial 80 feet Service Drive (except for service drive adjacent to principal arterial). 60 feet Cul -de -sac radius. 60 feet In cases where any temporary or permanent street has a right -of -way width less than 60 feet, the design and specifications for rstruction shall be considered as special. The design oi szch street shall be in such a way as the City Engineer deems best for the contemplated use. The petitioner shall be required to enter into special agreements pertaining to the construction of these streets. (2) Intersections. Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than sixty (60) degrees. Intersections having more than four corners shall be prohibited. . N(1„at_ land for future ,.:L zection and interchange construction needs shall be provided for. (3) Deflections. When connecting street yes deflect from each other at one point b acre PAGE 3 69 ORDINANCE NO. 03 - 90 than ten (10) degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 500 feet for arterials, 300 feet for collectors, and 100 feet for all other streets. The Council may allow greater or lesser sight distances at the recommendation of the City Engineer. (4) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided. (5) Access to Arterials. In the case where a proposed plat is adjacent to an arterial street, there shall be no direct vehicular or pedestrian access from individual lots to arterials unless unavoidable in the opinion of the City Council. Where direct access is deemed necessary, access shall include special requirements for turn around space on the lots, combination of driveways to the extent possible, and any other requirements of the authority having jurisdiction over the roadway. As a general requirement, access to arterials shall be at intervals of not less than one - fourth mile and through existing and established cross roads, where possible. (6) Local Streets. Local Streets shall be laid out so that their use by through traffic will be discouraged. (7) Hardship to Owners of Adjoining Property. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. (8) Cul -de -sacs. Cul -de -sac use shall be held to a minimum. Cul -de -sacs when used shall be held to as short a distance as possible. The maximum length of a cul -de -sac shall be 500 feet, measured from the centerline of the street of origin to the end of the right -of- way. Islands in cul -de -sacs shall not be allowed. (9) PAGE 4 Half Streets_ Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. ORDINANCE NO. 03 - 90 (10) Private Streets. Private streets shall not be permitted, nor shall public improvements be approved for any private streets. Subd. 2 Detailed Design Standards (1) Pavements. The minimum standard for pavement design shall be as follows: (a) Soil moorings for each new street or improved street shall be required to facilitate design and provide bidding information to the construction contractor. The location and minimum number of such borings shall be as required by the City Engineer on each project. (b) A Stabilometer R -Value shall be determined from the soils samples by a qualified soils engineer and his calculations presented to the City Engineer. Because of the generally- high and variable water table in Lino Lakes, the R -Value shall consider the worst possible soil moisture conditions. (c) The R -Value shall be used to determine the necessary thicknesses of the gravel base, bituminous binder course, and bituminous wearing course. (d) Streets shall be kept three (3) feet _ above the water table and design flood level of adjacent ponds, as measured from finished grad -e -, where soil borings or other data indicates that the street subgrade may become saturated within three (3) feet of the finish street grade. Special construction methods such as use of select granular borrow subbase and /or properly designed drain tile ray be employed as an alternative with the approval of the City Engineer. (e) All residential strccit, b..ing acted or improved - ai_ be designed for min-mum of seven (7) ton design 1 jag and shall_.be capable of carrying minimum of 400 motor vehicles per If more than 400 vehicles per day anticipated, base and pavement de shall consider the projected traf Collector, commercial and /or indu: al PAGE 5 7 2 PAGE 6 ORDINANCE NO. 03 - 90 streets shall be designed for a nine (9) ton loading. (f) Subbase, as necessary to meet the above criteria, shall be select granular borrow. (g) A gravel base composed of 4" Mn /DOT Class 2 100% crushed compacted or 5" Mn /DOT Class 5 compacted shall be required as a minimum. (h) The minimum bituminous pavement shall consist of 2" compacted thickness of binder course conforming to the requirements of Mn /DOT Specification 2331, Type 31, and 1 -1/2" compacted thickness of wearing course conforming to the requirement of Mn /DOT Specifications 2331, Type 41. (2) Curb and Gutter. Concrete curbs and gutters shall be required for all streets. Concrete curb and gutter for residential streets shall be D -412 with B -618 at all catch basins, intersections, and cul -de -sac entrance radii unless otherwise approved by the City. Collector, commercial and industrial streets shall have B -618 concrete curb and gutter. Expansion joints shall be installed every 50 feet. (3) Pavement Widths. Minimum pavement widths, as measured from back of curb to back of curb, shall be 32 feet for residential streets. Collector, commercial and industrial streets shall be designed to a width determined by the City Engineer. (4) Curb Radii. The minimum curb radii to back of curb shall be as follows: (a) Intersection and cul -de -sac entrance radii shall be 20 feet. (b) Cul -de -sac radii shall be 46 feet. (c) Collector, Commercial, and Industrial streets shall have radii as determined by the City Engineer. (5) Grades. All centerline grades shall be at least five- tenths (0.5) percent and shall not exceed four (4) percent for arterial and ORDINANCE NO. 03 - 90 collector streets and six (6) percent for local streets. Vertical curves appropriate for the street shall be provided. The minimum curb grade shall be five- tenths (0.5) percent, except curbs in cul -de -sacs shall have a minimum grade of six- tenths (0.6) percent. (6) Boulevards. Boulevard design and use shall be as follows: (a) Boulevards shall have a grade slope of 1/4" per foot for the eight (8) feet adjacent to the back of curb. All slopes beyond this shall be 3:1 ratio, maximum. (b) All boulevards shall be sodded or seeded with mulch in accordance with Mn /DOT Specification 2575, and shall include three (3) inches of acceptable topsoil of a turf growing medium to meet Mn /DOT Specification 3877. All disturbed areas beyond the boulevard shall also be sodded or seeded as above. (c) Street trees having a trunk diameter (measured 12 inches above the ground) of not less than two and one -half inches shall be planted along all streets, where sufficient trees do not exist. These trees shall be placed at the property line. One tree per lot shall be required. This requirement will be satisfied and it is preferable if an - equivalent number of trees of the same size are planted in a naturalistic way in the front yards of the adjoining lots. (d) Private utility placement shall occur under the established guidelines of the City of Lino Lakes. 302.04 Construction Start -Up Procedure Subd. 1 Engineer Required. Each new street project of t ee`.. improvement shah'; have plans and specifications which hat:- been prepared and signed by a Minnesotz. Registered Engineer. A copy of t} ,fans and specifications shall be submi 3 to the City Engineer or Public Works Director and approved by the City Engineer and City Council. Subd. 2 Development Contract. Prior to PAGE 7 d' 3 74 ORDINANCE NO. 03 - 90 construction of a project by or on behalf of a developer, the developer must submit a letter of credit in the amount of 1500 of the estimated construction cost or enter into a development contract. Subd. 3 Engineering Overview. The City shall be its engineering staff or the City Engineer furnish a full time project representative who shall be present during all work on street construction or improvement of streets. The developer of all new streets shall reimburse the City for all costs incurred for the overview of such project. Subd. 4 Preconstruction Conference. A preconstruction conference shall be held at which all parties having interest in the project may discuss potential project impacts and procedures. Information which must be provided includes a construction schedule; proof of required insurance; required permits; traffic control schedule; name, address and phone number of the contractor; name of the testing laboratory to be used on the project; the project engineer's name, address and phone number; the name of the materials suppliers; and evidence that the proposed base material and bituminous material has been tested and conforms with the requirements and specifications. Subd. 5 Notification. At least three working days prior to construction, the Public Works Director or City Engineer shall be notified in writing that construction operations will begin. Subd. 6 Grade Stakes. Grade stakes shall be required before any street construction begins. Blue tops must be provided for the subbase and gravel base operations. The project engineer is to provide a copy of the staking notes to the City of Lino Lakes so spot checks can be made of the grades to determine if they conform with plan elevation. 302.05 Construction Methods PAGE 8 The following construction methods are general and will apply to each and every PAGE 9 ORDINANCE NO. 03 - 90 street hereafter constructed in the City. Subd. 1. Silt Fence. Silt fence shall be placed as directed or approved by the City Engineer prior to construction to provide for erosion control. Additional silt fence shall be installed during construction as deemed necessary by the City Engineer or Public Works Director to address site conditions. Subd. 2 Clearing & Grubbing. Areas which will be disturbed by street construction shall be stripped of all vegetation, trees and topsoil. Acceptable topsoil may be appropriately stockpiled for reuse. Subd. 3 Utilities. Sanitary sewer, water and storm sewer construction shall be completed prior to or in conjunction with street construction. Subd. 4 Compaction. The subbase and gravel base shall be compacted to a minimum of 100% of standard proctor density. Pavement shall be compacted by the ordinary compaction method. Subd. 5 Connecting to Existing Streets. -Connections to existing paved streets shall require a straight edge cut and tack coat applied prior to paving of the new street. Subd. 6 Bituminous Paving. Successive pavement construction shall be tacked to prior work in accordance with Mn /DOT Specification 2356. Subd. 7 Turf Establishment. Work req!ired for turf establishment shall completed_ during the same construction season in which e streets were rough graded. Subd. 8 Testing. All tests herein rt shall be taken by an accredi'. soils testing laboratory.,;T shall be paid for by the dev on a developer installed; pro, Tests will include but not h- limited to: red 7. ORDINANCE NO. 03 - 90 (1) Density Tests. Density tests will be taken on the subbase and base courses by a qualified testing laboratory. (2) Test Rolling. This work shall consist of testing the bearing capacity of the subgrade prior to gravel base construction by rolling with heavy equipment. Test rolling equipment shall be in accordance with Mn /DOT Specification 2111.2 or the contractor may use a loaded dump truck which will deliver a minimum load of nine (9) tons per axle. Test rolling shall be performed when the grading is completed within 0.1 foot of the grade staked by the Engineer and shall cover the entire top width of the pavement structure. Test rolling shall be performed only when the Engineer and Contractor mutually agree that the subgrade is acceptable for test rolling. (3) Concrete Air Test. Air tests will be taken by a qualified testing laboratory. (4) Concrete Cylinder. Concrete cylinders will be cast and the compressive strength determined by a qualified testing laboratory. (5) Bituminous Samples. Bituminous samples shall be taken during placement and tested by a qualified testing laboratory to check the bituminous content, gradation and Marshall density of the bituminous material. (6), Test Frequencies. Test frequencies shall be determined by the City Engineer or Public Works Director.,. With the exception of test rolling (paragraph (2)), a minimum PAGE 10 ORDINANCE NO. 03 — 90 two tests will be required. 302.06 Construction Completion & Warranty Subd. 1. Building Construction Permit. No permit shall be issued for the construction of a new building in a subdivision until the rough grading of the public street providing access thereto has been completed, and where applicable, sewer and water construction in connection therewith has been completed or is under construction. Occupancy permits for residents in a new subdivision shall not be issued until one course of bituminous surfacing is in place. Subd. 2. Partial Maintenance. After a street has been completed to a point where curb and gutter, the base course, and the bituminous binder course are installed and after building permits have been issued for construction of buildings on property fronting on said streets, the street shall be placed on the routine maintenance list of the City. Snow plowing operations will be carried on in the winter time. This shall not in any way constitute final acceptance by the City and such maintenance or _ partial acceptance by the Council shall not have any effect upon agreements existing between the City and the developer for further improvements on such streets. The wearing course shall not be placed until 80% of the housing units in the development are substantially completed. Subd. 3. Sealcoating. Approximately tw. years after the placement of t ..2r ng course mixture, a sea? consisting of a CRS emulsifier` asphalt .. ccuiorming to Mn /DOT Specification 3151 applied at e rate of 0.35 gallons per squa yard, and FA -3 aggregate conforming Mn /DOT Specification 3137 app. ' of the rate of 35`:lbs. per squar 3rd._ shall be placed. PAGE 11 g ORDINANCE NO. 03 - 90 Subd. 4. Warranty. All new streets shall be warranted by the developer or contractor as to good workmanlike construction and to meet all City requirements for a period of one (1) year from the time the final inspection of such street has been completed and the Council has accepted the same for full City maintenance. This section shall not relieve the developer or contractor from the usual contract obligations of good workmanlike construction. 302.07 When a contractor's letter of credit has been established, it may be reduced to an amount equal to 150°6 of the estimated cost of construction of the wearing surface and sealcoat upon completion of all other construction items, including the gravel base or bituminous binder course; and will be further reduced to an amount equal to 1500 of the estimated cost of the bituminous sealcoat upon the completion of the bituminous wearing course. Prior to acceptance by the City, the developer on developer installed projects shall deposit with the City the sum of 200, in the form of a _ surety bond, cash, or other form of security approved by the City Council, of the total original cost of construction to assure performance in compliance with this section. Variations and Exceptions. The Council may permit variations from these requirements in specific cases which, in its opinion, do not affect the general sense of this chapter. Additional requirements shall be complied with as imposed by the City Engineer, Public Works Director and City Council. PAGE 12 Minor variations to the requirements of this section,; may, be allowed with the concensus of''the`Public Works Director, City Engineer and City ORDINANCE NO. 03 - 90 Administrator. Save as above amended, Section 302 of the Lino Lakes City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force end effect from and after its passage and publication according to City Charter. Passed by the City Council this day of , 1990. Harold L. Bisel, Mayor Marilyn G. Anderson, Clerk - Treasurer PAGE 13 79 R 0 CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 04 - 90 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 1001, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF LINO LAKES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Section 1001.02 Definitions is hereby amended as follows: DELETE: 1001.02 (25) Minor Subdivision - a subdivision involving the creation of four or fewer parcels, tracts, or lots, and not involving the creation of a new street or easement. ADD: 1001.02 (25) Minor Subdivision - a subdivision which results in four or fewer parcels, tracts, or lots from one or two existing parcels, tracts, or lots. II. Section 1001.05 Preliminary Plat is hereby amended as- follows: DELETE: 1001.05 (3)(a), Subdivision Design Features, the first sentence only. Layout of streets, showing right -of -way widths, centerline street grades and approximate radii of all curbs and names of streets. ADD: 1001.05 (3)(a), Subdivision Design Features, Layout of streets, showing right -of -way widths, centerline street grades and approximate radii of all curbs, proposed contours within the entire plat, and names of streets. The name of any street heretofore used in the city or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. PAGE 1 1 ORDINANCE NO. 04 - 90 Section 1001.08 1001.08 (2) Streets, is hereby amended as follows: DELETE: 1001.08 (2) Streets sections (1) through (11) entirely. ADD: 1001.08 (2) Streets Design Criteria for streets is located in City Code Section 302. Street Construction Standards, Section 302.03. IV. Section 1001.08 1001.08, Subdivision 7 Drainage is amended as follows: ADD: (5) The drainage and resulting grading plan shall be designed such that lot elevations allow for proposed basements to be 4' above the water table and 2' above the design flood levels of ponding areas. V. Section 1001.19 Minor Subdivision is hereby amended as follows: ADD: At the end of 1001.19 (3): Information described in Section 1001.05 may be- requested. VI. Save as above amended, Section 1001 of the Lino Lakes City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect frcm and after its passage and publication according to City 'charter. Passed by the City Council this day of _. 1990. Harold L. Bisel, 3yor Marilyn G. Anderson, Clerk- Treasurer PAGE 2 Council Member Reinert and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 26 - 90 RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR INSTALLATION OF WEARING COURSE IN SEVERAL SUBDIVISIONS WHEREAS: it appears that approximately 80% of the housing units in the subdivisions of D. Erickson's Second Addition, Phase I and Phase II, Reshanau Lakes Estates South, Phase I, Sunrise Meadows, Woodridge Estates, Rohavic Oaks and Rice Lake Estates are nearly completed, and WHEREAS: the City Code specifies that the wearing course shall be in stalled when approximately 800 of the dwellings are completed in a subdivision as outlined in Ordinance 03 - 90, Section 302.06, Subd. 2, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Darrell Schneider of TKDA is hereby designated the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 14th day of May, 1990. Harold L. Bisel, Mayor j1 1.fit% = - Marilyn Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bohianen , upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Whereupon the resolution was declared duly passed and adopted. 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 22 - 90 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - WHITE TAIL -RIDGE WHEREAS: pursuant_ to a resolution of the Council adopted February 26, 1990, a report has been prepared by the City Engineer with reference to the improvement of the street now platted as West Street and the completion of the street known as Reiling Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of White Tail Ridge in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $ 67,010.40. 2. A public hearing shall be held on such proposed improvement on the llth day of June, 1990 in the council chambers of the city hall at 7:15 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adapted by the Council this 14th day of ay, 1990. arold L. Bisel, Mayor Marily G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution as duly seconded by Council Member Kuether and ul n vntr. hi-_ng taken thereon, the followi. -. thereof: Reinert, Bohjanen, Neal, Kuether and Bisel. The following voted against same: none. Where upon said resolution was declared duly passed anz adopted. 94 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 23 - 90 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - BRANDYWOOD ESTATES WHEREAS: pursuant to a resolution of the Council adopted March 26, 1990, a report has been prepared by the City Engineer with reference to the improvement of Brandywood Estates. NOW THEREFORE,'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of Brandywood Estates in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $660,553.44. 2. A public hearing shall be held on such proposed improvement on the 11 th day of June, 1990 in the council chambers of the city hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adgpted by the Council this 14th day,ofjMay, 1990. ilarold L. Marilyn nderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen The following voted against same: none. Where upon said resolution was declared duly passed and adopted. 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 24 - 90 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - PHEASANT HILLS WHEREAS: pursuant to a resolution of the Council adopted March 26, 1990, a report has been prepared by the City Engineer with reference to the improvement of Pheasant Hills. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of Pheasant Hills in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of S812,025.00. 2. A public hearing shall be held on such proposed improvement on the 11th day of June, 1990 in the council chambers of the city hall at 7:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. - Ad4Pted by the Council this 14th day of May, 1990. Harold L. Bisel, Mayor Ma ily G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution ,as duly second -ed by Council Member Neal and u n vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuet upon said resolution was declared duly passed anc adopted. 5 abstained.