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