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HomeMy WebLinkAbout07/27/1992 Council Minutes (2)1 CITY OF LINO LAKES COUNCIL MINUTES IME STARTED ........... EMBERS PRESENT: Neal, Nnether, lliott, Bergeson:: y�y��y �y �N y� j, ; �y� EMBERB:::ABSENT ,:: " ne, '% avor ine W ;:Ar ived Staff members present: Acting City Attorney, John Burke; City Engineer, Darrell Schneider; Consulting Engineer, John Powell; Administrative Assistant, Dan Tesch; Planning Coordinator, Mary Kay Wyland; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. Mayor Reinert did not arrive until 7:10 P.M. and Acting Mayor Neal conducted the meeting in his absence. ADJUSTMENTS TO THE AGENDA Acting Mayor Neal asked that item 10E, Working Hours for Contractors be added to the agenda. CONSENT AGENDA Council Member Bergeson asked if the part -time building official is a part -time employee or a contracted worker. Mr. Schumacher explained that he was a part -time contracted worker. His benefits are paid by the program that has placed him with the City. Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: July 13, 1992 Approved DISBURSEMENTS: June 30, 1992 Approved July 27, 1992 Approved Centennial Fire Department Approved REGULAR AGENDA PAGE 1 145 146 OPEN MIKE Robert Wasik, 1006 Lantern Lane read a prepared statement to the City Council regarding the construction work in Black Duck Estates. He explained that he and his neighbors agreed that the City was moving too fast with this development and felt that the new plat was no better than the plat previously submitted. There is no provision for a park, the ponding area is becoming a much larger area than anticipated and he and his neighbors were wondering if the Mosquito Control District would continue to spray the area as they are currently doing. Mr. Wasik also express concern because of the destruction of wildlife habitat. Mr. Wasik asked what the policy is regarding how early in the day and how late in day contractors can work. He noted that his wife works nights and is awaken very early in the morning by the noise from the heavy equipment. Mr. Wasik referred to a portion of land between the ponds and the backyards of the residents along Lantern Lane. He said it was his understanding that the new lot line would cross the pond and actually extend beyond the pond. There will be some lot owners who cannot cross the pond to maintain their property on the other side of the pond. Mr. Wasik felt this was not a good plan and asked who would be maintaining this property. He noted that currently the residents along Lantern Lane have been maintaining the area next to the ponds. Council Member Kuether asked if the residents along Lantern Lane could purchase the portion of lot on the north side of the pond. Mr. Schneider was not sure this could be done at this late date. Roger Lewis, 1010 Lantern Lane said he was concerned about the same issues as Mr. Wasik. In addition he was concerned about who would clean the area of trash and debris such as sections of drainage pipe. Mr. Schneider explained that the developer is responsible for cleaning the site because he is the property owner. Mr. Schneider has received calls regarding the noise and it . appears that the contractor is starting work very early in the morning. He will talk to the developer and let him know the policy regarding working hours. Mr. Schneider said that he plans to hold another neighborhood meeting very soon. He had hoped to wait until the developer had selected a contractor for the installation of the sewer and water utility lines. Mr. Schneider will mail residents notices of the meeting. Acting Mayor Neal asked that this matter be monitored and that Mr. Schneider contact the developer. CONSIDERATION OF APPROVING CABLE TELEVISIONS TRANSFER FROM CABLE T V NORTH CENTRAL TO MEREDITH NEW HERITAGE PAGE 2 1 1 1 1 1 1 Mr. Tesch explained that all required public hearings and studies regarding the transfer have been completed. A legal opinion and a resolution has been submitted by Mr. Tom Creighton, attorney for North Central Cable Communications Commission. The legal opinion is favorable for the transfer. All eight (8) cities in the franchise area must approve the transfer before the transfer can be completed. Council Member Elliott moved to adopt Resolution No. 92 - 93 approving the transfer of ownership per the recommendation of the North Suburban Cable Communications Commission and its legal counsel. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 93 can be found at the end of these minutes. ENGINEER'S REPORT Consideration of Resolution No. 92 - 88 Approving Plans and specifications and Ordering Advertisement for Bids for Birch Street Underpass (Bids to be received August 5, 1992 and awarded August 10, 1992.) Bids were originally received on this project on July 8, 1992 and they were well over the estimate and the budget. Bids were rejected. Since that time, the project has been re- evaluated and redesigned. Most significantly, Anoka County has agreed to allow Birch Street to be closed down and detoured during construction, thereby saving significant traffic control cost and improving the contractor's productivity. These two (2) factors will significantly lower the bid amount. The redesigned project still includes some related /desirable construction. The trunk watermain crossing of Birch Street will be constructed with this project to enjoy the lower costs associated with an open cut of Birch Street with the detour in place. The appropriate cost of the watermain improvements will be paid for by the trunk watermain fund. A storm sewer to convey Birch Wood Acres water past the underpass is also necessary. Repair of the storm sewer immediately west of the underpass is also included as this storm sewer has settled over the City's watermain trench. The total cost of these individual projects is estimated to be bid at $83,810.00. With overhead costs, the total project cost is estimated to be $100,710.00. Funding sources for the project were outlined and the issue of the pedestrian security was also discussed. It was noted that similar underpasses are operating without lighting. There are several lighting options available and if lighting is determined to be necessary, these improvements can be added later at no greater cost than would be incurred at this time. Birch Street is anticipated to be closed on September 8, 1992 to PAGE 3 14/ 148 facilitate construction and pedestrian crossing over the surface of Birch Street until such time as the underpass is usable by pedestrians. Council Member Kuether asked that the City receive a written document stating that the school district is responsible for the underpass once it is completed. Council Member Kuether moved to adopt Resolution No. 92 - 88 approving the revised plans and specifications and advertising for bids. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 88 can be found at the end of these minutes. Consideration of Resolution No. 92 - 89 Approving Plans and Specifications and Authorize City Engineer to Sign Title Sheet of the Plans and Specifications for County Road J (Ash Street) Improvement - At the Council meeting of July 13, 1992, the City Council authorized the Mayor and the City Clerk to enter into a Joint Powers Agreement with Anoka County for the reconstruction of County Road J (Ash Street). Part of the process involves providing a signature for the construction plans and specifications. City Staff and consultants have reviewed the plans and have found them to meet a reasonable construction standard. Those plans are also reviewed by Anoka County, Ramsey County and MnDOT. Council Member Kuether moved to adopt Resolution No. 92 - 89. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 89 can be found at the end of these minutes. Consideration of Resolution No. 92 - 90 Ordering Improvement of Apollo Drive (60 Day Waiting Period From Date of Public Hearing has Expired) - A public hearing was held on May 26, 1992 concerning the improvements proposed for Apollo Drive. The 60 day waiting period from the date of the public hearing has lapsed as required. Therefore, adoption of Resolution No. 92 - 90 is necessary to proceed with the project. Mr. Schneider explained two (2) petitions have been received from landowners in favor of the improvement. No petitions have been received against the improvement. Mr. Schneider recommended that the entire improvement project be ordered at this time. However, construction will take place in two (2) phases. The first phase will begin at Sunset Road and end within the Industrial Park. The second phase will be completed at a later date. PAGE 4 1 1 1 1 Council Member Elliott moved to adopt Resolution No. 92 - 90 ordering the improvement of Apollo Drive. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 90 can be found at the end of these minutes. Mayor Reinert arrived and assumed the chair. Consideration of Resolution No. 92 - 91 Approving Plans and Specifications and Ordering Advertisement for Bids, Apollo Drive, Phase lA (Bids received August 21, 1992, 10:00 A.M., Awarded August 24, 1992) - Plans and specifications for the Apollo Drive project were ordered April 13, 1992. The design of these plans is complete and documents will be ready for bidding on July 27, 1992. To allow flexibility in determining funding sources only Phase IA of the project is to be bid at this time. Phase 1A is the portion of Apollo Drive from the proposed Fourth Avenue extension to Sunset Road. The City will avoid incurring a penalty in loss of State Aid needs of about $40,000.00 if this project is under contract by September 1, 1992. Mr. Schneider used exhibits to outline Phase 1A and Phase 1B. He noted that the alignment of Apollo Drive has been slightly changed and allows for building sites on both sides of the street. Mr. Schneider addressed the concerns of the residents along Marvy Street regarding the number of accesses to Apollo Drive. Originally, Anoka County would only allow three (3) accesses to the street. Now it appears that four (4) accesses will be allowed. These driveway accesses will be coordinated with the new plat of Apollo Meadows. Anoka County has approved this design. Landscaping will provide screening on the back of lots that cannot be subdivided. Outlot C will be used to carry utilities to the Marvy Street area and could also be used for a street. Also Outlot C will be relocated to the east side of Lot 1, Block 12. This will allow the row of trees to be preserved on the old outlot and allow for the subdivision of a second lot on the south end of Lot 2, Block 12 in the future. Chuck Johnson, 120 Marvy Street said that he did not want the outlot relocated because when a street is constructed it will be too close to his house. If the outlot were used for utilities only, he would have not objection. Mr. Johnson told the Council that he was unhappy with the plan and said that everyone in the area got something and he will only get grief. Mr. Schneider explained that Mr. Johnson will be able to split off one (1) lot now and one (1) in the future if Outlot C is developed into a street. Mr. Johnson said that he felt this plan was inconceivable and he would be giving up more than anyone in his PAGE 5 149 150 area. Mayor Reinert explained that countless hours have been spent on this design. Everyone will be giving up something and not everyone can be satisfied. Mr. Johnson asked if Anoka County would give a variance for another driveway. Mr. Schneider said he could asked but doubted very much that it would be forth coming. Mr. Johnson said he wanted the outlot to be left in its present location and he also wanted two (2) accesses to his property so that he could split off two (2) lots. Mr. Schneider said he felt the plan presented tonight is the best plan that would be acceptable to Anoka County. Mr. Johnson said he felt that this plan made his property less valuable. Mr. Schneider explained compromises that were made by other landowners in the area. Mr. Johnson said again that he did not want this plan. Mr. Schneider said he would discuss this matter further with Mr. Johnson and Anoka County. After further discussion, Council Member Elliott moved to adopt Resolution No. 92 - 91 approving plans and specifications and ordering advertisement for bids for Apollo Drive, Phase 1A. Council Member Bergeson seconded the motion. Motion carried with Council Member Kuether voting no. Resolution No. 92 - 91 can be found at the end of these minutes. Consideration of Street Overlay Program, OSM - Mr. Schneider explained the street wearing course (1 1/2" bituminous surfacing) is not installed in subdivisions until 80% of the lots have been built on. The last street wearing course construction was done in 1990. The detailed engineering work on the 1990 project was done by Brian Bourassa who was then working for TKDA. It is now late in the construction season and the wearing course work must be done soon if it is to be completed in 1992. Since Mr. Bourassa did the work on the last project, it would be most efficient to have him do the work on the 1992 project. He would be available to do this work on a timely basis. Mr. Bourassa can have plans ready to be submitted to the City Council at the next regular Council meeting. Council Member Kuether moved to authorize an .agreement to be negotiated by the staff to have OSM do the engineering on the 1992 wear course project. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT Consideration of Amended Conditional Use Permit Request, Incarnation Cemetery, Ash Street - Ms. Wyland explained that this request is for a 12' x 14' storage building for lawn maintenance PAGE 6 1 1 1 1 1 equipment at the Incarnation Cemetery. The property is zoned Rural and a cemetery is a permitted use. Although the cemetery is "grandfathered ", any change or alteration requires an amended conditional use permit. The cemetery is approximately one (1) acre in size and has no other structures located on the property. The storage building would be located within the required setback. Staff has reviewed the request and find it to be compatible with the existing use and neighborhood and recommends approval. Council Member Bergeson moved to approve the amended conditional use permit with the following conditions: 1. Proper building permits be obtained for the construction of the storage building. 2. Site plan submitted be made a part of the conditional use permit. 3. A landscape plan be submitted with the building permit application indicating landscaping to be provided around storage building. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Subdivision Request, Royal Oaks Realty, 985 Birch Street - The property at 985 Birch Street is completely surrounded by the Black Duck Estates and the Black Duck Estates, Second Addition subdivisions. Zoning is Residential, (R -1) and utilities are available to the site. The property owner, Royal Oaks Realty is requesting a subdivision of the lot into two (2) lots. Each of the two (2) lots would exceed the minimum square footage requirements for this zone. The requested split is consistent with the overall development plan for the area. Staff does recommend that requested subdivision be granted although the present home on the site infringes on the front setback. The present home is considered an existing non- conforming use and would be allowed to remain. The setback requirements on the newly created lot would conform to the City Code. The Planning and Zoning Board has reviewed the request and recommends approval of the subdivision with the condition that the existing home at 985 Birch Street be connected to municipal utilities prior to the sale of the home. Council Member Bergeson asked if there would be any problem obtaining a driveway permit for the newly created lot from Anoka PAGE 7 15) 152 County. Ms. Wyland said that it was her understanding a permit would be granted. Council Member Kuether moved to approve the subdivision request. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Variance Request, Roger Rolstad, Carl and Thomas Street - Mr. Kolstad has requested a variance to extend Carl Street and Thomas Street in the Lino Air Park subdivision using the street standards in place when the original portions of the streets were constructed in 1977. The extended portion of the streets would be identical to the abutting segments of streets which currently exist. Street construction standards have changed considerably and if the variance was granted the extended portions of Carl Street and Thomas Street would not conform to the current City Code. The Planning and Zoning Board reviewed the request and after some discussion recommended denial of the request. The Board concurred with the City Planner who indicated that the findings of fact did not justify granting a variance. No hardship could be found relating to the property. A copy of the City Council minutes from 1976 regarding installation of the streets was given to the City Council. It was noted that the City Code has been amended since the original subdivision was approved and any new street construction in the subdivision must conform to present codes. Mr. Kolstad told the City Council that the original streets were not constructed to the streets standards that existed in 1977. This was allowed because it was thought that only one side of each street would be developed. However, after the streets were constructed, subdivisions occurred on the other side of the streets and additional building was allowed. Mr. Kolstad said he did not understand why the current street standards with concrete curb and gutter would be required in this case since only seven (7) lots can be built on abutting each street. He felt it would also look strange. Mr. Kolstad also said that the hardship would be on the air park users. An association has been formed for the maintenance of the air strip and if additional lots are not allowed to develop on the air strip, the current landowners will never get additional help in maintaining the air strip. Mr. Kolstad said that if the City does not allow the variance, he will be forced to let the property go tax forfeit. Council Member Neal moved to approve the variance request with the conditions recommended by the City Engineer. Mayor Reinert seconded the motion. Mr. Schneider said that he did try to PAGE 8 1 1 1 1 1 1 approach the situation positively and still maintain the integrity of the street standard code. He was unable to find any reason to deviate from the current street standards. Voting on the motion, Council Members Elliott, Kuether and Bergeson voted no. Motion failed. After clarifying the motion, Mayor Reinert changed his vote to a no vote. CONSIDERATION OF PUBLISHING SUMMARY FOR NEW ZONING ORDINANCE Ms. Wyland explained that the City Council had requested that a summary of the new zoning ordinance be prepared and submitted to the City Council for their review and approval. A summary of the changes had been prepared and presented to the City Council. Ms. Wyland requested that only the Table of Contents be published. Council Member Bergeson explained that enacting the new zoning ordinance was done in the most expedient manner and he felt that publishing an index without indicating the significant changes was not sufficiently informing the public of the changes in this most important section of the City Code. Mayor Reinert asked that Council Member Bergeson prepare a list of significant changes and meet with Ms. Wyland to prepare the summary for publishing. SECOND READING, ORDINANCE NO. 14 - 92 AMENDING THE LINO LAKES CITY CODE, SECTION 1003 TO ALLOW THE CITY TO AMEND THE BUILDING PERMIT FEE SCHEDULE BY RESOLUTION Mr. Schumacher explained that this ordinance was presented at the last Council meeting. The purpose of the ordinance is to allow the City Council to enact a resolution changing the building permit fee structure to allow a fee to cover the costs of the Gopher State Locate Program mandate from the State of Minnesota. Council Member Neal moved to adopt the second reading of Ordinance No. 14 - 92. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 14 - 92 can be found at the end of these minutes. RESOLUTION NO. 92 - 92 AMENDING THE BUILDING PERMIT FEE SCHEDULE This resolution is prepared in conjunction with Ordinance No. 14 - 92 which allows the City Council to amend building permit fees. The resolution will amend the building permit fee schedule to allow for a $20.00 fee to be added in order to recoup the administration and inspection of the Gopher State Locate Program. Council Member Neal moved to adopt Resolution No. 92 - 92. Council Member Kuether seconded the motion. Motion carried PAGE 9 153 154 unanimously. Resolution No. 92 - 92 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 13 - 92 REZONING OF BALDWIN LAKE TRAILER COURT The first reading of this ordinance was held at the July 13, 1992 City Council meeting. A public hearing was held and public comments were received. Generally, the people speaking were opposed to the rezone request. However, the matter has been litigated and the audience was informed of the terms of the settlement. Since the City Council has accepted the terms of the settlement, adoption of the second reading of the ordinance would be next required action. Compliance of the settlement by the landowner is tied to obtaining building permits. If conditions are not met, building permits will not be issued. Council Member Neal moved to adopt the second reading of Ordinance No. 13 - 92. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 13 - 92 can be found at the end of these minutes. OLD BUSINESS Consideration of Extending An Exclusive Option to Terry Lappin for the Highway 49 /County Road 23 (Lake Drive) Intersection - Mr. Lappin and Mr. Dick Quist of Opus Corporation met this morning with the Lino Lakes Economic Development Authority Advisory Board. It was the consensus of the Board that EDA Resolution No. 02 - 92 be considered by the Lino Lakes City Council. This resolution is a recommendation to the City Council as it relates to the extension of an exclusive development agreement to Lappin and Associates, and the development of the Lake Drive /Highway 49 intersection. Mr. Lappin noted that he has had exclusive option to this site for some time. He noted a major obstacle to concluding an agreement with a developer is the lack of final action by MnDOT regarding a commitment to redesign of the intersection. Mr. Lappin explained that Opus is very interested in Lino Lakes and very impressed with the EDC. Hopefully a six month extension of the exclusive agreement will allow sufficient time for MnDOT to finalize action so that agreement with Opus can also be finalized. Council Member Kuether asked if MnDOT was the hold up on regarding a final development agreement. Mr. Lappin said totally, without MnDOT's agreement to upgrade the intersection, there will be no project. He explained that he has identified two (2) grocers and their wholesales who are interested on locating at this intersection. He is keeping the lines of PAGE 10 1 1 1 1 1 communications open with all of them. When MnDOT commits to the intersection upgrade, they will commit to the feasibility study. Council Member Kuether asked if the exclusive agreement included any and all businesses. Mr. Lappin yes, that he was committed to a master plan of development and wanted control of the character of development for the intersection. Council Member Kuether moved to approve the Economic Development Authority Advisory Board Resolution No. 02 - 92. Council Member Neal seconded the motion. Council Member Bergeson explained that the City and Mr. Lappin entered into a good faith agreement and thus far the state has not delivered. He felt it was fair to extend the agreement for six (6) months. Mayor Reinert asked that anyone who could influence MnDOT be contacted and engaged to provide influence on behalf of the intersection redesign. Voting on the motion, motion carried unanimously. Mr. Lappin said he felt that Opus was a very good citizen and treated people fairly. NEW BUSINESS Consideration of 1992/1993 Contract for Animal Control Services, Greater Anoka County Humane Society - Mrs. Anderson explained that the City of Lino Lakes has been contracting with the Greater Anoka County Humane Society since 1987 for animal control services. In August, 1990, Lino Lakes hired a CSO person and one of the duties of the CSO is animal control. This has helped reduce the cost of contracted services and it is expected that the cost savings will continue. CSO, Jeanie Kenow reviewed the proposed contract, talked to the executive director at the Humane Society and recommended that two (2) items be deleted from the contract since the Humane Society has not abided by these items and the City has not tried to enforce them. Both items involve requiring the owner of a dog to purchase a dog license if the dog is not currently licensed. CSO Kenow will keep in monthly contact with the Humane Society to determine if an unlicensed dog is retrieved, and then visit all residents who have retrieved their dog and have not licensed the dog. Ms. Jana Webster, Executive Director of the Humane Society has noted six (6) changes in the contract. All items are clarification and do not represent a change in the contract. Mrs. Anderson recommended that the City Council accept the 1992/1993 Animal Control Contract. Council Member Elliott moved PAGE 11 155 15 to approve the contract. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Approving the Minutes for Special Council Meeting, July 6, 1992 - Council Member Neal moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Approving Minutes for Council Work Session, June 17, 1992 - Council Member Neal moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Request for $500.00 from Lino Lakes Summerfest Committee - Council Member Neal read a letter from Linda Graphenteen, Chairman of the Lino Lakes Summerfest Committee which states that the Committee is taking the responsibility of finance and activities for the Summerfest. Council Member Neal moved to approve the $500.00 expenditure with the stipulation that the proper insurance is provided and the City is not liable for any financial obligations. Council Member Elliott seconded the motion. Mr. Schumacher explained that the money was budgeted. Council Member Kuether asked if the Summerfest was a money making event. Mrs. Graphenteen said that it is hoped that money will be made but the purpose of the event is to share some fun in a city celebration. She explained if someone makes money, this money will be set aside in a fund for the 1993 celebration. Mrs. Graphenteen noted that the Lioness' Club is hoping to make enough money to fund some of their ongoing community projects. Voting on the motion, motion carried unanimously. Starting Hours for Contractors - Council Member Neal explained that it appears that contractors are starting work before 7:00 A.M. and the Police Department has not been able to do anything about the noise. Mr. Schneider explained that he has already met with the developer in the area of Lantern Lane and he will let his contractor know what the City policy is. Mr. Schneider also noted that a neighborhood meeting will be set for later in the week. Council Member Kuether moved to adjourn at 8:47 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on August 27, 1992. PAGE 12 1 1 1 1 1 Marilyn \ G. Anderson, Clerk- Treasurer Mayor Vernon F. Reinert, PAGE 13 157 158 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 88 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR BIRCH STREET UNDERPASS WHEREAS: pursuant to a resolution passed by the Council on April 13, 1992, the City Engineer has prepared plans and specifications for the Birch Street Underpass and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Wednesday, August 5, 1992, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, August 10, 1992 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) per cent of the amount of such bid. Adopted by the Lino Lakes City Council this 27th day of August, 1992. PAGE 1 Vernon F. Reinert, Mayor 1 1 1 RESOLUTION NO. 92 - 88 PAGE -2- Marilyn U Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution wad duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. 159 160 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 89 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY ENGINEER TO SIGN TITLE SHEET OF THE PLANS AND SPECIFICATIONS FOR COUNTY ROAD J (ASH STREET) IMPROVEMENT WHEREAS: plans and specifications for the County Road J Improvement have been prepared by Anoka County and such plans and specifications have been presented to the City Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Engineer is hereby authorized to Sign the Title Sheet of the Plans and Specifications. Adopted by the Lino Lakes City Council this 27th day of August, 1992. Vernon F. Reinert, Mayor J (2Y✓ ;`A-N MarilynkG. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution wad duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. PAGE 1 1 1 1 1 1 1 Council Member Elliott introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 90 RESOLUTION ORDERING IMPROVEMENT OF APOLLO DRIVE WHEREAS: a resolution of the City Council adopted the 24th day of February, 1992, fixed a date for a Council hearing on the proposed improvement of Apollo Drive, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 26th day of May, 1992, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS: the 60 day waiting period from the date of the public hearing has lapsed as required by the City Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 24th day of February, 1992. Adopted by the Council this 27th day of July 1992. Vernon F. Reinert, Mayor Marilyn[ G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. 161 162 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 91 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, APOLLO DRIVE, PHASE 1A WHEREAS: pursuant to a resolution passed by the Council on April 13, 1992, the City Engineer has prepared plans and specifications for the Apollo Drive, Phase 1A and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Friday, August 21, 1992, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, August 24, 1992 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) per cent of the amount of such bid. Adopted by the Lino Lakes City Council this 27th day of August, 1992. PAGE 1 Vernon F. Reinert, Mayor 1 1 RESOLUTION NO. 92 - 91 PAGE -2- Ma ilyn 9. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution wad duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Reinert, Elliott, Bergeson. The following voted against same: Kuether. Where upon said resolution was declared duly passed and adopted. PAGE 2 163 164 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 92 RESOLUTION AMENDING THE BUILDING PERMIT FEE SCHEDULE WHEREAS, The State of Minnesota mandated a program called Gopher State Locate, a program designed to located underground pipelines, cables, and other utilities prior to a contractor /builder and /or other installer moving any earth, and WHEREAS, Municipalities are required to be responsible for the administration and physical inspection of this program, and WHEREAS, WHEREAS, The City of Lino Lakes has to recover the costs associated with this program, and The primary sources of calls on this program, and individuals benefiting from this program are builders and /or contractors and therefore making single family building permits the most logical place to recover costs. NOW THEREFORE, BE IT RESOLVED, that the attached Table No. 3 -A- Building Permit Fees be amended to read as follows: OTHER INSPECTIONS AND FEES: 5. Inspections and Administration of Minnesota State Gopher Locate $20.00 Adopted by the City Council of Lino Lakes this 27th day of July, 1992. 7/ %l.A.,. , (-7-2 Vernon F. Reinert, Mayor Marilyn(G. Anderson, 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, Reinert, Elliott, Bergeson. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1988 EDITION TABLE NO. 3- A— BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up 165 3 -A $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $45.00 for the first $2,000.00 plus $9.00 for each addi- tional .$1,000.00 or fraction thereof, to and including $25,000.00 $252.00 for the first $25,000.00 plus $6.50 for each addi- tional $1,000.00 or fraction thereof, to and including $50,000.00 $414.50 for the first $50.000.00 plus $4.50 for each addi- tional $1,000.00 or fraction thereof, to and including $100,000.00 $639.50 for the first $100.000.00 plus $3.50 for each additional $1,000.00 or fraction thereof $2039.50 for the first $500.000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $3539.50 for the first $1.000.000.00 plus $2.00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) 3. Inspections for which no fee is specifically indicated (minimum charge one -half hour) 4. Additional plan review required by chap <zes, additions or revisions to approved plans (minimum charge one -half hour) 5. Inspection and Administration of Minnesota State Gopher Locate $20.00 $30.00 per hour* $30.00 per hour* 530.00 per hour* $30.00 per hour* Or the total hourly cost to the jurisdiction. whichever is the 2reatest_ This cost shall include supervision, overhead, equipment. hourly "ages and frin ge benef its of the employees involved. 166 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 92 - 93 APPROVING THE TRANSFER OF OWNERSHIP OF NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION WHEREAS, Hauser Cable of Minnesota, Inc., a Delaware corpora- tion, Hauser Cable Communications, Inc., a Delaware corporation, and Continental Cablevision of Minnesota, Inc., a Minnesota corporation (hereinafter "Transferors "), originally owned One Hundred percent (100 %) of the outstanding stock of North Central Cable Communications Corporation (hereinafter "North Central "); and WHEREAS, North Central, by and through Group W Cable of The North Central Suburbs, Inc., a wholly owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. 83 -08 , as amended, (hereinafter "Franchise "); and WHEREAS, through an interim transaction completed on or before December 31, 1991, Transferors' interest in the outstanding stock of North Central was modified so that the stock of Continental Cablevision of Minnesota, Inc. (hereinafter "Continental "), previously 50 %, was transferred to result in Continental's ownership of 19 1/2% of the stock with 30 1/2% of the stock owned by NCC Holding Co., Inc., a Massachusetts Corporation (hereinafter "Holdco ") , an entity in which Continental retained all voting stock and transferred non - voting stock in the holding company to Meredith /New Heritage Strategic Partners, L.P. (hereinafter "Transferee "); and WHEREAS, Transferors desire to sell and otherwise transfer all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, to Transferee, in whom Meredith /New Heritage Partnership will initially hold, as general partner, a 72.73% interest and Continental, a Limited Partner, will initially acquire a 27.27% interest; and WHEREAS, the City has been informed that the ownership interests in Transferee, after taking into account all notes delivered as capital contributions to Transferee, will be 62.1% for Meredith /New Heritage Partnership, general partner and 37.9% for Continental Cablevision of Minnesota, Inc., Limited Partner; and 1 1 1 1 1 1 WHEREAS, the Transfer Application discloses that Meredith /New Heritage Partnership, which is the general partner of Transferee and holds a 62.1% ownership interest in Transferee, may in certain circumstances be required or have the right to purchase the limited partnership interest of Continental Cablevision of Minnesota, Inc. subject to the requirements of local, state and federal law; and WHEREAS, Meredith Cable, Inc. ( "Meredith Cable "), a wholly - owned subsidiary of Meredith Corporation ( "Meredith "), currently holds a 54.6% ownership interest in Transferee through its 88% ownership of the General Partner of and has the right to acquire total ownership and management control of both the General Partner and Transferee, subject to the requirements of local, state and federal law; and WHEREAS, the interim transaction has taken place; and WHEREAS, the Transferors have requested the consent from the City to a change in ownership and control of North Central to Transferee; and WHEREAS, City has waived any right of first refusal to purchase the stock acquired by Transferee as such right of first refusal applies to the pending sale and transfer; and WHEREAS, the North Central Suburban Cable Communications Commission (hereinafter "Commission ") has been delegated the authority and responsibility to coordinate, administer and enforce the Franchise on behalf of the City pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise; and WHEREAS, the Commission has held public hearings on behalf of City and has reviewed the legal, technical, character and financial qualifications of Transferee and its general partner Meredith /New Heritage Partnership and finds no reasonable basis to deny the request for transfer as a result of said review, except for those conditions listed below; and WHEREAS, the Commission has recommended to City approval of the transfer of control of North Central to Transferee subject to the actual closing of the stock sale and subject to the conditions listed below; and WHEREAS, the Commission has also recommended approval of a request by Transferee to permit the pledge as security to its lenders of the stock and assets of North Central and its subsidiaries, which would include Group W Cable of The North Central Suburbs, Inc.; and 2 167 168 . WHEREAS, the City does not object to such security interest in the stock and assets. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that: 1. The City hereby approves the sale and transfer by Transferors of all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, subject to an actual closing of the stock sale transaction on or before December 31, 1992, pursuant to the terms and conditions as evidenced by the Notice of Transfer to said Commission and City and all written representations from Transferors, Transferee, Meredith /New Heritage Partnership, its subsidiaries, employees, agents, partners, parent corporations and North Central, and further subject to the terms and conditions of this Resolution. 2. The City approves the pledge by Transferee, Meredith /New Heritage Partnership, and North Central as security to their lenders the stock and assets of North Central and its subsidiaries subject to the terms and conditions of this Resolution. 3. This Resolution constitutes all action and approvals of the City necessary under the City's Franchise for the sale and transfer of control to Transferee. 4. The City's approval of the above named transfer of ownership of North Central is further conditioned upon the following: a. North Central shall have corrected all technical discrepancies in the cable system of City as delineated in the report of Communications Support Corporation (hereinafter "CSC ") No. 92010.001, and its addendum No. 92010.A01, and as represented as corrected pursuant to the letter from Mr. Kevin Griffin to Mr. Michael Cusick dated June 17, 1992, unless otherwise qualified, below. b. North Central and the Commission shall have agreed to waive any and all alleged or existing claims for overpayment of franchise fees attributable to sales tax and /or underpayment of franchise fees as delin- eated in the Commission's audit of the gross reve- nues of North Central. North Central shall have agreed and City hereby agrees to negotiate mutually acceptable language to amend the Franchise definition of "Gross Revenues" to more adequately 3 1 1 1 1 1 reflect the current practices of North Central in the calculation and payment of Franchise Fees. c. The City hereby waives the Franchise requirement that the emergency override system also override audio on the FM service provided to subscribers. d. The City hereby waives any Franchise requirement that short wave signals be carried on the FM band. e. The City hereby agrees to hold in abeyance the enforcement of the Franchise requirement regarding the provision of status monitoring equipment by North Central, and agrees not to enforce the Franchise requirement for the remaining term of the Franchise, with the understanding that such equipment /capability will be a subject for negotiation upon any request for renewal of the Franchise. f. North Central shall have agreed to amend the existing Franchise to conform to this Resolution and the terms of this sale and transfer of control. g To the extent required as a result of the sale of stock and transfer of control, the replacement of any and all letters of credit, bonds, insurance certificates, or other forms of security provided to the City pursuant to the terms of the Franchise. h. North Central shall have agreed to conduct "proof of performance tests" as required by the FCC, with 50% of the test sites selected by Commission on the scheduled day of the tests, and any sweeping and balancing of the system required as a result of the end -of -line performance tests. In addition, North Central shall have agreed to conduct an annual sweep and balance of the trunk cable system, and a bi- annual (every other year) sweep and balance of the distribution system. i. North Central shall have agreed to maintain and continue to provide both permanent and mobile access facilities and equipment required in the Franchise. North Central shall have agreed that North Central in Years 10 through 15 of the Franchise shall replace access equipment subject to the terms and conditions set forth herein. North Central shall have agreed to spend the amounts listed below (hereinafter "Annual Amount ") to replace existing access equipment in each of the next six (6) years of the Franchise term listed 4 169 170 below beginning with Year 10 commencing on September 9, 1992. North Central shall have agreed to meet with Commission to create a list of equipment to be replaced in any year and the equipment proposed to replace said equipment, which list may include proposed new technology or equipment different than the existing equipment if the proposed different equipment performs equal to or better than the existing equipment. North Central shall have agreed to jointly review and amend this list of proposed equipment with Commission as necessary to best meet the needs of access users. North Central shall have agreed that to the extent North Central does not spend the Annual Amount in any year, any unspent amount will be added to the Annual Amount to be expended in the next year. North Central shall have agreed that to the extent North Central spends more than the Annual Amount in any given year, the Annual Amount to be expended in Year 15 shall be reduced by any such excess expenditures. North Central shall have agreed that the Commission shall have the right to review and approve the list of proposed equipment submitted by North Central each year, and such approval shall not be unreasonably withheld. North Central shall have agreed to continue its Franchise obligation to repair and maintain equipment, which expenses shall not be credited against the Annual Amount. If any equipment which has not yet been replaced once can no longer be repaired and needs to be replaced, the Annual Amount will be credited once for the replacement of that equipment, but any subsequent need to replace said piece of equipment will not be credited against the Annual Amount, the intent being that the Annual Amount is to be spent once to replace each original piece of equipment, and all future needs for replacement shall be in addition to the Annual Amount obligation. YEAR ANNUAL AMOUNT 10 $179,352.00 11 $177,533.00 12 $ 89,992.00 13 $ 55,184.00 14 $ 55,184.00 15 $ 55,184.00 $612,429.00 5 1 1 1 1 j North Central shall have agreed that any area served by the North Central Suburban system that fails to have cable service provided to its customers for over one hour in any twelve (12) month period, due to a failure of power which would have been prevented by the provision of standby power in the effected power supply, then North Central must install standby power capability, with batteries, to the effected power supply within thirty (30) days of the above mentioned one hour failure. k. North Central shall have agreed to reimburse Commission and its Member Cities for all expenses incurred in relation to the interim transaction and final Transfer of Ownership, including an agreement to reimburse Cities and Commission for any expenses associated with subsequent ordinance amendments required by the Transfer of Ownership but not incurred until after closing. 1. North Central shall have agreed that the Commission and its member cities are relieved of any existing obligations to repay any franchise fee payments and advances currently held by the Commission. m. North Central shall reimburse Commission and its member cities an amount of $28,724.89 for litigation expenses. n. Failure to comply with above conditions "b., f., g., h., i., j., k., 1., and m.," shall render City's Resolution of Approval null and void. o. Failure to comply with condition "a.," above, or any agreements required by this Resolution shall result in penalties and /or sanctions provided for in the Franchise. The above resolution was moved by Council Member Elliott and duly seconded by Council Member Bergeson The following Council Members voted in the affirmative: Neal, Kuether, Reinert, Elliott, Bergeson. The following Council Members voted in the negative: none. 6 -171 172 Passed and adopted this 27th day of July , 1992. Mayor City Administrator ATTEST: 7