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HomeMy WebLinkAbout05/13/1996 Council MinutesCOUNCIL MEETING MAY 13, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : May 13, 1996 . 6:30 P.M. . 9:04 P.M. : Bergeson, Kuether, Lyden Neal, Landers : None Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Building Official, Peter Kluegel; Consulting Engineer, David Mitchell; Parks and Recreation Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mr. Hawkins administered the oath of office to newly appointed Planning and Zoning Board Member, Donald Dunn. Other Planning and Zoning Board appointees, Parks and Recreation Board appointees and the Circle Pines Utility Commission appointee will be given the oath of office at the May 28, 1996 Council meeting. SETTING THE AGENDA Mayor Landers noted that the Animal Ordinance will not be considered this evening as was reported in a local newspaper. CONSENT AGENDA Council Member Kuether questioned an item on the April, 1996 Disbursements. She asked why a commission was paid to the Sentry Real Estate, Inc. Mr. Wessel explained that a commission is paid to any Realtor who is instrumental in bringing a client to the City. This particular commission was paid to a Realtor who was instrumental in bringing the Fogerty Customer Remodelers development to the City. Council Member Kuether questioned an item on Page 2 of the May 13, 1996 Disbursements. She asked why a payment was made from the Contractors Deposits fund. Ms. Wyland explained that a contractor had deposited money into this account to pay for a map revision involving the flood plain. Council Member Kuether moved to approve the consent agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING MAY 13, 1996 ITEM DISPOSITION Consideration of Disbursements: April 30, 1996 Approved May 13, 1996 (Check Numbers 44365 to 44498 = $758,722.04) Approved May 2, 1996 Centennial Fire District Approved Application from St. Joseph Catholic Church for an Exemption from Lawful Gambling License Approved OPEN MIKE Mayor Landers thanked the City staff and all of the volunteers who worked to make Earth Day, and Recycling Day a success. He said the Earth Day program at Wargo Nature Center and Recycling Day required many volunteer hours and could not have been accomplished without the citizen volunteers. Martha Walmsley, 6978 Black Duck Drive - Ms. Walmsley updated the City Council on the activities of the Friends of the Parks Foundation. She named organizations that helped to fund the Earth Day activities and programs and noted recent donations to the Foundation as follows: - $1,100.00 donation from G. M. Development to organize a golf tournament scheduled for August 10, 1996 - $1,000.00 donation from the Reshanau Lakes Estates South Homeowners Association for extending the walking/biking trail along Birch Street - $1,000.00 donation from Target Stores to help fund the Performances in the Parks - Kim Sullivan organized a tree sale, all profits will go to the Friends of the Parks Foundation - Worked with the Birchwood Acres neighborhood to prepare a matching grant for park/ playground equipment - Continued support was received from ACE Solid Waste based on net new customers PAGE 2 • • COUNCIL MEETING MAY 13, 1996 John Sullivan, 7132 Whippoorwill Lane - Mr. Sullivan explained that he was asked by the Lino Lakes Charter Commission to come before the City Council and ask for a response to several questions. He noted that the two (2) new Council Members and a reelected Council Member ran for office on a platform that included doing something about the condition of many City streets. He asked if the City Council had yet prepared a plan to improve those streets. Mr. Sullivan asked why the City Council is delinquent in preparing a Five Year Financial Plan for the City. He explained that the Charter Commission is working to prepare a plan to assist the City Council regarding replacing or repairing these streets. The Charter Commission is also determining whether or not the City Charter is outdated. Another question under discussion is whether or not to add another section to the City Charter specifically dealing with the street issue. Council Member Neal told Mr. Sullivan that he did not support the proposed City Charter amendment and did not get involved with the street issue. Council Member Lyden explained that street issue is not a political issue but is an infrastructure issue and is of real concern. He felt that the Charter Commission is asking for direction on how the City Council would like this matter handled. Mayor Landers explained that he did not support the City Charter amendment and felt that the current City Charter should be reviewed to determine if there is something already in the Charter that would allow reconstruction of deteriorating streets. Mr. Sullivan invited the City Council to attend the July 11, 1996 regular Charter Commission meeting and let the Charter Commission know how the City plans to deal with the reconstruction of deteriorating streets. He also asked the City. Council to let the Charter Commission know when the Five Year Financial Plan will be available. CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE/HOLLY DRIVE Mr. Ahrens explained that over the past few months, staff has met with Mr. Hokanson and his attorney, to discuss the conditions for approval of the Trapper's Crossing preliminary plat. On Friday, April 12, 1996, City staff and the developer met and reached a tentative agreement which will allow the City to assess the Trapper's Crossing project $285,000.00 for the 12th Avenue and Holly Drive improvements. The improvements will consist of constructing the streets to the City rural design standard, 2 - 12 foot driving lanes with four (4) foot paved shoulders and turning lanes at Birch Street and Ash Street. This improvement will extend from Birch Street to, at least, the entrance to Trapper's Crossing. If the construction bids come in higher than expected, the City can elect to reject the bids, revise the scope of the project to keep the costs within the assessed amount, or seek additional funding to cover the costs. Mr. Hokanson has not signed this agreement and has asked that a clause be included in the agreement stating that there will be no additional assessments to all phases of Trapper's Crossing for the improvement of 12th Avenue and Holly Drive. PAGE 3 COUNCIL MEETING MAY 13, 1996 Mr. Hawkins explained that he and the developer's attorney have attended all meetings with the developer and City staff and a tentative agreement was drafted. The tentative agreement has not been signed by the developer. Mr. Hawkins said that he has followed up on this matter with a telephone call last week and still the agreement remains unsigned. He felt that since there is no incentive for the developer to sign the agreement, the City should close the public hearing and then order the improvement according to the terms of the City Charter and assess the developer the amount that is included in the tentative agreement. Mr. Hawkins was asked why the Trapper's Crossing project was not stopped until this matter is resolved. Mr. Hawkins explained that the contractor did sign the development agreement for the Trapper's Crossing development itself which includes payment to the City of $250,000.00 for the 12th Avenue/Holly Drive improvement. The City is now asking for payment of $285,000.00 based on the feasibility report for 12th Avenue/Holly Drive and Mr. Hokanson is saying that he wants language included in the agreement stating that there will be no further assessment to all phases of Trapper's Crossing. Council Member Bergeson noted that the last page of the "green sheet" shows proposed entrances for future phases for Trapper's Crossing. However, it appears that the improved road will only service two (2) of these entrances. He asked will there be improvements on Holly Drive to serve the remaining entrances. Mr. Ahrens said no only minor improvements such as turn lanes. Council Member Bergeson asked why staff did not prepare an agreement that would include an improved roadway to service all of the entrances. Mr. Ahrens explained that the feasibility report determined the cost to improve 12th Avenue/Holly Drive was considerably more than the initial estimate. Staff determined that the amount that could be assessed to the developer would only cover costs to a certain section of the roadway. Staff also was aware that the assessment could not exceed the benefit to the developers property. Mr. Hawkins explained that the cost of the improvements to the developer will be spread out over all 110 of his lots. If the individual lot assessments are high, the City would have a difficult time proving the benefit to each lot. Council Member Lyden moved to continue the public hearing to the next regular Council meeting and to reconsider this matter at the next Council work session. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Landers left the Council meeting at 7:10 to attend a D.A.R.E graduation ceremony. CONSIDERATION OF RESOLUTION NO. 96 - 45 ACCEPTING A DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR THE D.A.R.E PROGRAM Mr. Schumacher explained that the goal of the City is to insure that the D.A.R.E Program will be totally funded through donations from the community. The Centennial Fire Relief Association is aware of this goal and has donated $2,000.00 toward the cost of PAGE 4 • COUNCIL MEETING MAY 13, 1996 administering the program in the local elementary schools. The purpose of Resolution No. 96 - 45 is to publicly thank the Centennial Fire Relief Association for their generous donation. Council Member Kuether moved to adopt Resolution No. 96 - 45 thanking the Centennial Fire Relief Association for their donation. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 45 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Minor Subdivision, Thomas Vacha, 709 - 77th Street - Ms. Wyland used the overhead projector to show the location of this property in Lino Lakes. She explained that Mr. Vacha, owner of Thomas Motors at 7702 Lake Drive, is requesting a minor subdivision of Lot 4, Block 1, Carole's Estates. The property is located on 77th Street just east of Lake Drive and his present dwelling and business. Mr. Vacha has purchased this lot and would like to split the west 112 x 121 feet from the balance of the site and add it to his existing dwelling and business. The purpose for this split is to provide a buffer between his business and the residential neighborhood to the east. The property is zoned Rural and indicated as Single Family Residential in the Comprehensive Land Use Plan. Mr. Vacha's business is considered a pre-existing non- conforming use. For Council information, at one time Lake Drive was zoned commercial from the City's northern boundary south to Hodgson Road and along Hodgson Road to the south boundary of the City. No utilities are available to serve these properties, therefore a 10 acre minimum lot size is required. Lot 4, Block 1 is currently 1.03 acres in size and Mr. Vacha's home and business are located on a .79 acre lot. These properties were created prior to the 10 acre rule. The rearrangement of lot lines would provide 1.10 acres for the home and business and a .72 acre lot. According to the submitted site plan, the existing home on Parcel C will meet all the setback requirements of the Rural Zoning District and provide an alternate site for a septic system should that be required. Parcel B is vacant but is a densely wooded parcel which could provide an effective buffer between the business use to the west and the residential area to the east. Parcel A is existing and the proposed subdivision will not affect setback requirements. In addition to a minor subdivision request, Mr. Vacha will also need a variance from the Zoning Ordinance, Section 4, Subdivision 1, Areas without Sanitary Sewer. This section of the Zoning Code requires a minimum lot size of 10 acres when sewer and water utilities are not available. Since both lots existed as non -conforming lots, Mr. Vacha is merely asking for a shift in that non -conformity. PAGE 5 COUNCIL MEETING MAY 13, 1996 The Planning and Zoning Board reviewed this request at their April meeting and recommended approval with the following conditions: 1. Parcel B shall be legally combined with Parcel A and recorded as such with Anoka County. Parcel B shall not be considered a buildable lot. At some time in the future, when sewer and water becomes available to 77th Street, Mr. Vacha could then resubdivide the lot and provide an additional building site if so desired. 2. The 10 foot drainage and utility easement located on the west side of Parcel B be vacated by the City Council. 3. A 10 foot drainage and utility easements shall be provided on all property lines as required by the Subdivision Ordinance. 4. An easement for roadway purposes be provided over the south 3.5 feet of Parcel A. Council Member Kuether asked if Mr. Vacha owned Parcels A, B and C. Ms. Wyland said yes. Council Member Bergeson noted that generally the City Council does not allow a property to become more non -conforming. Mr. Hawkins explained that this request is to change lot lines but would not make the property more non -conforming. Council Member Kuether asked Mr. Vacha if he had any problems with the restrictions outlined by the Planning and Zoning Board. Mr. Vacha said tio. Council Member Bergeson moved to approve the minor subdivision and variance as requested with the conditions outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Site Plan Review, Jeff Kelley, 20th Avenue - Ms. Wyland used the overhead projector to show the location of Mr. Kelley's property. Mr. Kelley has presented an application for a Site Plan Review which also includes an Interim Use Permit that would allow a golf driving range and a future mini -golf facility in the Rural Business Reserve (R -BR) Zoning District. At this time, the R -BR District allows the following uses: - Single-family detached dwellings - Agriculture, gardening and sod farming - Temporary stands for the sale of agricultural products produced on the premises - Stock raising, dairying, and stables in accordance with the Lino Lakes City Code, Section 503 - Commercial greenhouses and nurseries - Home occupations as provided in Section 4, Subdivision 4 Conditional uses include the following: - Commercial riding stables PAGE 6 COUNCIL MEETING MAY 13, 1996 - Feedlots - Commercial boarding stables - Livery stables - Horse arena Interim uses include the following: - Home Extended Business Interim Uses were added to the Zoning Code by Ordinance No. 93 - 24 in January, 1994. A general standard of that ordinance provided, "new uses" the use is allowed as an interim use in the respective zoning district. Additionally, it was the City's intent to add interim uses as the need arose. It would, therefore, be appropriate at this time, to process a text amendment that would add golf course/driving range as an interim use to the R -BR Zoning District. The purpose of an interim use is as follows: A. Allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. C. To allow a use which is reflective of anticipated long range changes to an area and which is in compliance with the Comprehensive Land Use Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. In the current review of the Zoning Ordinance, it has been the Planning and Zoning Board's recommendation to add the permitted uses from the Rural Zoning District to the R -BR District (a golf course/driving range is a permitted use in the Rural Zoning District.). This will not be facilitated, however, until later this fall which does not meet with Mr. Kelley's time schedule. Adding a golf course/driving range to the interim use category in the R -BR Zoning District may, therefore, be appropriate at this time. When final review of the current Zoning Ordinance is complete, and if the City Council concurs with the current Planning and Zoning Board's recommendation in regard to that Ordinance, this use would then become a permitted use within the R -BR District. The Planning and Zoning Board has reviewed this request and ordered a public hearing scheduled for June 12th to review a text amendment which would add golf course/driving PAGE 7 COUNCIL MEETING MAY 13, 1996 range to the interim review for the purposed golf course/driving range contingent upon this the amendment and several conditions. Site Plan - Mr. Kelley's parcel contains 20 acres and is located on the east side of 20th Avenue in the 7300 block. A parking area, club house (garage is approximately 24 x 36 feet), portable sanitation, fencing, tee boxes, and netting are proposed for the site. A future mini golf area is also outlined on the plan. The Economic Development Authority Advisory Board (EDAAB) has reviewed the plan and is recommending approval of the site plan and proposed text amendment. The proposed use could be considered temporary in nature and should not impede future commercial development in the R -BR Zoning District. EDAAB has also concurred with the Planning and Zoning Board's recommendation to add the permitted uses in the Rural Zoning District to the R -BR. Conditions for approval for the site plan review include the following: 1. Proper building permits be obtained prior to any construction. A deposit equal to 1% of construction costs shall be posted to insure completion of all site improvements. 2. The driveway and parking area be provided with a dustless surface approved by the City Engineer which includes an adequate turn -around area. 3. Lighting standards be of the type to provide minimum disruption to the adjoining property owners as determined by the City. 4. The sanitation facilities by located inside the club house/garage area or screened from the street right-of-way and adjoining properties. This screening should be subject to the review of the City Forester and/or Community Service Officer. 5. A landscaping plan shall be provided and reviewed by the City Forester. 6. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 7. Netting serving the golf range shall be durable and secured to poles subject to approval of the City Engineer. A detail of the fencing/netting shall be provided prior to issuance of any building permits. 8. A public hearing shall be set before the Planning and Zoning Board to add golf course/driving range as an interim use to the R -BR Zoning District. PAGE 8 COUNCIL MEETING MAY 13, 1996 9. Handicapped parking shall conform to the ADA Rules and Regulations. 10. Drainage shall be reviewed and approved by the City Engineer. 11. If the use shall cease to operate for more than 12 months, the owner shall cause all site improvements (lighting, netting, etc.) to be removed or the City shall cause the same to be done and assess the property. 12. This use shall terminate as an interim use upon a rezoning of the property or at such time as the use becomes permitted. Ms. Wyland recommended approval of the site plan and Interim Use Permit with conditions outlined above. Council Member Lyden asked if this facility would have a sand trap or a putting green. Ms. Wyland said no. Council Member Lyden asked if there is adequate turn around space in the parking area and if the lighting would have an impact on the nearby residential area. Ms. Wyland said there was adequate area to turn around in the parking area and that the lights are to be directed toward the ground. Mr. Asleson will be working with Mr. Kelley to be sure that there are no problems created by the lighting. Mr. Schumacher asked exactly what will the City be approving if Council action is taken this evening. Ms. Wyland explained that the building will not be constructed until the text amendment is approved. Mr. Kelley has signed an agreement acknowledging that he is aware that construction of his proposed golf course/driving range is contingent upon a Zoning Ordinance Amendment which would add golf course/driving ranges as an interim use to the R -BR Zoning District. Council Member Kuether asked what is a "dustless" surface. Ms. Wyland explained that it could be Class 5 or some other similar material. Blacktop, curb and gutters are not required. Council Member Bergeson noted that the Centerville City limits are directly across 20th Avenue from this proposed facility and asked if Lino Lakes is required to notify the City of Centerville. Mr. Hawkins said no however, but it would be courteous to do so. Council Member Lyden asked if the City Council should be discussing interim uses. Ms. Wyland said that discussion will take place when the entire amended ordinance comes before the City Council for review. Council Member Kuether moved to approve the site plan review and Interim Use Permit with the 12 conditions listed above. Council Member Bergeson seconded the motion. Motion carried unanimously. Mayor Landers returned to the Council table at 7:30 P.M. PAGE 9 COUNCIL MEETING MAY 13, 1996 CONSIDERATION OF THE FIRST READING, ORDINANCE NO. 05 -96 AMENDING ORDINANCE NO. 18 - 95, ESTABLISHING THE POSITION AND DUTIES OF AN ELECTRICAL INSPECTOR, PETER KLUEGEL Mr. Kluegel explained that in November, 1995, the City Council adopted an ordinance creating the position of electrical inspector and outlining the duties and responsibilities. A copy of the ordinance was forwarded to the State of Minnesota Board of Electricity as proof that the City had created the position and requested the transfer of some electrical permits. Mr. William Bickner, Executive Secretary, State Board of Electricity, wrote to Mr. Kluegel explaining that portions of the ordinance were in conflict with or were more restrictive than Minnesota State Statutes. An amendment to the original ordinance was then prepared and submitted to the City Attorney along with the letter from Mr. Bickner for review and comment. The City Attorney has reviewed the proposed ordinance amendment and has recommended its adoption. If the City Council decides to take the recommendation of the City Attorney, the FIRST READING of the ordinance amendment would be adopted this evening. A SECOND READING will be held on Tuesday, May 28, 1996. The ordinance amendment would be published on June 4, 1996 and would become effective July 4, 1996. Council Member Bergeson asked Mr. Hawkins if there will be problems regarding electrical inspections performed by the Electrical Inspector since November, 1995. Mr. Hawkins said no, the concerns of the State Board of Electricity involve administrative matters and do not involve any of the interim inspections. Council Member Lyden moved to adopt the FIRST READING of Ordinance No. 05 - 96 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 47, Approve Joint Powers Agreement with the City of Centerville, Street Sweeping - Mr. Ahrens explained that an agreement between the Cities of Lino Lakes and Centerville regarding the sharing of street sweeping and street sweeping hauling expired at the end of 1995. The agreement states that the City of Lino Lakes would perform street sweeping for the City of Centerville in exchange for Centerville hauling the street sweepings. Staff has proposed a slightly revised agreement for the same sharing of services for the City Council to consider. The revision includes an automatic annual renewal of the agreement unless either party terminates it by giving 30 days written notice. This revision will make it easier for both cities to perform street sweeping in Centerville. PAGE 10 • COUNCIL MEETING MAY 13, 1996 Mr. Ahrens was asked who calculated the rates in the agreement. Mr. Ahrens said that Mr. DeWolfe, Street Superintendent calculated the rates. Mr. DeWolfe also monitors the program to be sure that there are no inequities. Mr. Ahrens was asked if the sharing of services would shorten the life expectancy of the street sweeper. Mr. Ahrens said very little. Mr. Ahrens was asked if the speed bumps in Centerville would affect the sweeping machine. Mr. Ahrens did not think they would. Council Member Bergeson moved to adopt Resolution No. 96 - 47 Approving Street Sweeping Joint Powers Agreement with the City of Centerville and dispense with the reading. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 96 - 47 can be found at the end of these minutes. Consideration of Resolution No. 96 - 52, Receive Feasibility Report and Call hearing on Improvement, Otter Lake Road Re -alignment - Mr. Ahrens explained that the Lino Lakes City Council ordered preparation of the feasibility report at the regular February 12, 1996 Council meeting. The report addresses the realignment of Otter Lake Road (County Road 84) in the Clearwater Creek Development Center area, between Cedar Street and Main Street (CSAH 14). This project is proposed to be funded jointly with Anoka County. In accordance with Minnesota State Statute 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing scheduled. The public hearing will be held at the regular City Council meeting scheduled for June 10, 1996. Council Member Kuether moved to adopt Resolution No. 96 - 52 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 52 can be found at the end of these minutes. Consideration of Resolution No. 96 - 50, Order Preparation of Feasibility Report, Cedar Street Lift Station - Mr. Ahrens explained that the Lino Lakes Sewer District No. 3 is generally located around the I-35E/Main Street interchange. The Clearwater Creek Development Center as well as the new Clearwater Creek housing subdivision are contained within District No. 3. The sanitary sewer connection to the Metropolitan system in this area will be via a City lift station which will be connected directly to MWCC 76-51, a Metropolitan Council forcemain interceptor. The City lift station is to be constructed on the southeast corner of Cedar Street and Otter Lake Road and is referred to as the Cedar Street Lift Station. When this project was initiated the funding for the lift station was to come directly from the City's Area and Unit (Enterprise) Fund with no bonding involved. It was decided at a recent meeting with City staff and the City's bonding consultant, Springstead, Inc. that PAGE 11 COUNCIL MEETING MAY 13,1996 the project would be included in a future bond issue. This would reduce the project's impact on the City's Area and Unit Fund. In order to qualify as a bondable project, the project must proceed in accordance with Minnesota State Statute Section 429. Section 429 requires that a feasibility report be prepared and a public hearing be held for the proposed improvement. Council Member Lyden moved to adopt Resolution No. 96 - 50 Ordering Preparation of a Feasibility Report for the Cedar Street Lift Station and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 50 can be found at the end of these minutes. Consideration of Resolution No. 96 - 51, Receive Feasibility Report and Call Hearing on Improvement, Cedar Street Lift Station - Mr. Ahrens explained that a feasibility report has been prepared for the construction of the Cedar Street Lift Station located at the southeast corner of Cedar Street and Otter Lake Road. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing called. The public hearing will be held at the regular City Council meeting scheduled for June 10, 1996. Council Member Kuether moved to adopt Resolution No. 96 - 51, Receive Feasibility Report and Call a Public Hearing on the Cedar Street Lift Station Improvements and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 51 can be found at the end of these minutes. Consideration of Resolution No. 96 - 49 Approve Plans and Order Advertisement for Bids, Underground Storage Tank - Mr. Ahrens explained that the 1996 budget includes funding for the installation of a new underground fuel storage tank and fuel dispensing system. City Council action is requested to approve the plans and order advertisement for bids for this project. State law requires that all underground storage tanks have corrosion protection and spill/overfill prevention systems installed at the end of 1997. Staff budgeted $62,000.00 for the installation of a new underground storage tank meeting the requirements of the new rules. SEH, Inc., has prepared plans and specifications for the installation of the new tank and fuel dispensing system. Mr. Ahrens was asked if there will be test borings to determine_ if there has been any contamination of the soil. Mr. Ahrens said yes, however, this will be a separate process. He also explained that the new tank and fueling system will be in service before the old system is demolished. PAGE 12 COUNCIL MEETING MAY 13, 1996 Mr. Ahrens was asked if there was any advantage to putting in a larger tank to accommodate an entire tanker truck load of fuel. Mr. Ahrens said slightly, the payback would be about 15 to 20 years. Mr. Schumacher said that staff would check with Anoka County to determine if they order fuel by the tanker load and to determine if there is an appreciable saving break. Council Member Kuether moved to adopt Resolution No. 96 - 49 Approve Plans and Order Advertisement for Bids, Underground Storage Tank. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 49 can be found at the end of these minutes. Consideration of Resolution No. 96 - 48, Declaration of Intent to Bond - Various City Improvements - Mr. Ahrens explained that the City of Lino Lakes is required by the Internal Revenue Service to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. City Council action is necessary to adopt Resolution No. 96 - 48. The City has recently ordered five (5) projects that may be financed through bond proceeds. These projects include: 1. Well No. 3 Pumphouse 2. Fourth Avenue Trunk Utilities 3. Trapper's Crossing Street and Utility Improvements 4. Marshan Condominium Street and Utility Improvements 5. Birch Street Trunk Watermain The City must declare its intent that the City may finance these projects with bond proceeds. This is a non-binding declaration that must be done in order to finance projects in this manner. Exhibit A of the resolution notes the amount for each of the above projects. If the resolution is not adopted, the City will be required to find alternate methods of financing these projects. Council Member Kuether moved to adopt Resolution No. 96 - 48 Declaration of Intent to Bond Various City Projects. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 48 can be found at the end of these minutes. Consideration of FIRST READING, Ordinance No. 04 - 96, Noise Ordinance - Mr. Ahrens explained that the City Council has requested staff to draft a proposed noise ordinance relating to construction noise. Staff surveyed other adjoining communities as well as discussed the proposed ordinance amongst the various City Departments. The following is language that is proposed for inclusion in the updated Zoning Ordinance: PAGE 13 COUNCIL MEETING MAY 13, 1996 Noise emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended. Additionally, staff is recommending that the above verbiage and the following be included in the City Code under Nuisance, Chapter 900 provisions: No person shall engage in or permit construction activities involving the use of any kind of electric, pneumatic, diesel or gas -powered machine or other power equipment except between the hours of 7:00 A.M. and 8:00 P.M. on any weekday or between the hours of 9:00 A.M. and 7:00 P.M. on any weekend or holiday. Mayor Landers noted that Police Chief Pecchia will be sending an officer to train for noise control. The Police Department will receive a noise meter when the officer is fully trained. Mr. Ahrens explained that he felt several people should be trained in this area. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 04 96 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 46, Order Improvement and preparation of Plans and Specifications for Centennial Middle School Street and Utility Improvements - Mr. Ahrens explained that the Centennial School District is proposing to construct a middle school along Elm Street and has petitioned the City to install utilities (storm sewer, watermain, sanitary sewer) and streets. A public hearing was held on April 22, 1996, for the proposed improvements. Council action is required to order the improvements and the preparation of plans and specifications. Since the close of the public hearing on April 22, 1996, staff, school district officials and consultants have met twice with residents that live immediately south of Elm Street to discuss option F. In particular, the need for the west driveway was discussed. The residents prepared a plan that they prefer with reference of access to the school. The plans shows the west driveway eliminated with all (bus and car) traffic entering the site from one driveway. Mr. Mike Hughes, Centennial School District Transportation Safety Coordinator, indicates that the removal of the west entrance is not acceptable to the School District. The Lino Lakes Chief of Police and Fire Chief have reviewed option F which includes the west driveway and have indicated that it does address their safety concerns. Based on recommendations made by the City's consulting engineer, David Mitchell, OSM, Inc., staff is recommending that option F be approved by the City Council. This option best meets all issues regarding safety, impact on the adjacent neighborhood, and costs. Based on Mr. Mitchell's analysis, this option meets warrants for the installation of a traffic signal which will provide for a safe intersection to be used by both vehicular and PAGE 14 • COUNCIL MEETING MAY 13, 1996 pedestrian traffic. The impact on the neighborhood is minimized as much as practical by the installation of the main entrance on the southeast side of the site which will direct car traffic into the school site. The west entrance is designed for the bus traffic and some employee parking. Based on expected bus counts provided by the School District, there will be 30 to 35 buses utilizing this entrance arriving and departing each morning and afternoon over a 15 to 20 minute period. There is concern from some residents south of Elm Street that the west entrance will cause a significant impact on their neighborhood. Staff has discussed this driveway with residents at two meetings since the public hearing. Based on comments provided by the School District, the removal of this entrance will cause a significant on-site traffic problem. Staff has indicated to the residents that a berm and landscaping will be provided along Elm Street (to be done with the road project) to mitigate the noise and visual impact that this entrance may cause. Mr. Ahrens concluded that staff is recommending that a motion adopting option F and Resolution No. 96 - 46 be adopted subject to the School District providing a written commitment on bus use of Elm Street west of the school site. Council Member Bergeson asked if the City Council adopted option F, are there any provisions that could be make to make certain that buses coming out of the school would go to Lake Drive rather than west on Elm Street to Second Avenue. Mr. Ahrens said that he will ask the School District to provide a written document stating that buses must go east from the school site except for the buses serving the area east of the school. Council Member Kuether said that she would like the school bus company to sign the same agreement. Mr. Ahrens noted that state statutes prohibit the City from limiting certain vehicle traffic use of a state aid road. Mr. Hawkins said that language stressing bus traffic routes can be included in the development agreement. Council Member Bergeson noted that the City has had several other agreements with the School District and they have worked within the agreements. Mr. McClellan told the City Council that there absolutely will be no bus traffic exiting the school and turning west on Elm Street except for the buses that service that immediate area. He also explained that bus drivers cannot alter their routes. Council Member Bergeson asked if is possible to plant shrubs and trees on the south side of Elm Street to screen the adjacent neighborhood to the south. Mr. Ahrens said that buffering will be included in the Cities portion of the project. He will work with Mr. Asleson to be sure the buffering plan is workable. Council Member Kuether explained that she will not vote for option F. She said she is disillusioned about the process the neighborhood had to go through to protect their neighborhood. Council Member Kuether said that both City staff and the School District staff have "poo-poohed" the neighborhood. She said it is a shame that the entire neighborhood has a bad taste in its mouth over this project. Council Member Neal said PAGE 15 COUNCIL MEETING MAY 13, 1996 that he has spent hours in meetings with the staff and residents and felt that option F and I are the only viable options. This afternoon he met with the Chief of Police and the Fire Chief and they recommended option F to him. Council Member Neal said that he knew that many residents will not be satisfied, however, the City Council has taken enough time on this matter. Council Member Bergeson explained that whatever the conclusion, the City Council did not come to it easily. He noted that there were many concerns raised by both the residents and staff. Mayor Landers said that he supported Council Member Neal's and Bergeson's positions and noted that this is no easy decision. He said that he has supported a signal light since the beginning of this project. Council Member Bergeson moved to adopt option F for the road re -alignment. Council Member Neal seconded the motion. Motion carried with Council Member Kuether voting no. Council Member Lyden moved to adopt Resolution No. 96 - 46 Ordering the Improvement and Plans and Specifications for the Centennial Middle School Street and Utility Project and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 46 can be found at the end of these minutes. PARKS AND RECREATION DEPARTMENT REPORT, MARTY ASLESON Consideration of an Amendment to Resolution No. 96 -160 Establishing a Trail Committee for the City of Lino Lakes - Mr. Asleson explained that last year the Park and Recreation Board sent a resolution to the City Council establishing a Trail Committee for the City. The resolution was adopted by the City Council on November 2, 1995. On February 23, 1996, a recommendation was brought before the City Council to appoint members to the committee. The City Council asked that the following issues be clarified: should the terms of the committee members be staggered, how long are the terms of the committee members and how would the reporting system operate. The Council concerns were brought back to the Parks and Recreation Board on May 6, 1996 and the Board adopted the following guidelines: the City Council should stagger the terms of the committee members, some members terms would be two (2) years and the others would be three (3) years and the Trails Committee shall report directly to the Park and Recreation Board. Mr. Asleson presented the following recommendation to the City Council; the Trails Committee shall consist of George Lindy, Liaison to the Parks and Recreation Board, Laura Wolf, Jody Budde, Ted Blanson and Ken Johnson. Alternate members are: Al Case, Jerry Berg and Brian Bourassa. Staff members as needed include: Kurt Rausch, Police Department, Marty Asleson, Parks and Recreation Department and David Ahrens or Michael Krech from the Engineering Department. PAGE 16 COUNCIL MEETING MAY 13, 1996 Mr. Asleson explained that one conclusion from the 20/20 Vision project was the concern regarding the trails throughout the City. How could the various segments of trails be connected, where should new trails be located and how should the trails be maintained. It was also clear that the residents wanted to be involved in making these decisions. The Trails Committee is the response to the 20/20 Vision concerns. It was suggested that Mayor Landers be an alternate member of the committee. Council Member Neal moved to adopt the motion passed by the Parks and Recreation Board. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of an Agreement of Understanding for Services - Mr. Asleson explained that Ms. Janet Bona was hired to continue the adaptive recreation consortium planning. She is also the recreation program supervisor for the North Metro Recreation Cooperative. Recently, Ms. Bona approached staff with an idea to cooperatively plan some programs that traditionally have problems acquiring adequate numbers of participants. It was felt that between the Lino Lakes Recreation Program and the North Metro Recreation Cooperative, enough participants could be found to cooperatively plan and advertise programs that require bus transportation. In order to implement this cooperative venture, an Agreement of Understanding for Service document was drafted. The document was reviewed by the City Attorney. He recommended that Item F be added which deals with insurance requirements and a "hold harmless" clause. Mr. Asleson recommended that the City Council approve a cooperative programming program and adopt the Agreement of Understanding for Services document. He suggested that this was an excellent opportunity to encourage a renewed relationship with the surrounding communities in the area of recreation. Mr. Asleson also noted that many communities enjoy the benefits of a joint cooperative program without such agreements. Council Member Neal asked Mr. Asleson to identify the members of the North Suburban Recreation Cooperative. Mr. Asleson explained the Cooperative includes the cities of Centerville, Circle Pines, Lexington and a portion of Blaine. He noted that Lino Lakes was originally to be a part of the Cooperative. This did not happen and Lino Lakes created its own recreation department. Mr. Asleson explained that he does work with the North Metro Recreation Cooperative on various activities. The proposed Agreement provides for the sharing of costs and other obligations in the area of staff and liability. Council Member Kuether moved to adopt the Agreement of Understanding for Service format. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. PAGE 17 COUNCIL MEETING MAY 13, 1996 CONSIDERATION OF THE ADOPTION OF ATTACHMENTS D AND E OF EXECUTIVE SUMMARY LEADERSHIP - TEAM BUILDING SESSION, RANDY SCHUMACHER Mr. Schumacher explained that in April, the City Council received copies of the Executive Summary of the Team Building/Goal Setting Session. Appendix D and E list priorities and goals as ranked by those in attendance. The next step in the process is for the City Council to officially adopt Appendix D and E. Assuming that this would be done, Mr. Schumacher sent a memorandum to staff directing that Attachments D and E be incorporated into individual department goals. Mr. Schumacher has also planned team building sessions with support staff for May and June. Council Member Kuether referred to graphs included in Appendix D and E and said she was disturbed about the numbers included with the graphs. She felt that some programs needed to be created. Council Member Lyden said that he would like a more comprehensive review of the material to determine why staff is not satisfied. He asked what would be the next step in the team building process. Council Member Bergeson noted the seven (7) goals outlined in Appendix E and asked if they were in priority order. Mr. Schumacher said yes. Council Member Bergeson moved to adopt the priorities and goals listed in Appendix D and E. Council Member Lyden seconded the motion. Motion carried unanimously. DISCUSSION OF THE 1997 BUDGET SCHEDULE, RANDY SCHUMACHER Mayor Landers read a statement regarding the need to prepare an updated five (5) year financial plan as required by the City Charter. Mr. Schumacher explained that the budget process is one of the most important and time consuming programs the City Council deals with each year. Finance Director, Mary Vaske has prepared a time schedule that would start the 1997 budget process with department managers in June. A preliminary draft of the 1997 budget would be presented to the City Council August 19, 1996 and be adopted by the City Council on September 9, 1996. The preliminary tax levy would also be adopted at this time. Mr. Schumacher explained that he would like to spend an entire day with the City Council August 19, 1996 so that the City Council can discuss each department budget with the departments respective manager. Council Member Bergeson noted that the Charter Commission Chairman, Paul Montain had appeared before the City Council at a recent work session to remind the City Council that they must prepare a five (5) year financial plan. He said that Mayor Landers comments at the beginning of this meeting reflects that the City Council has received the message and will address it. Mr. Schumacher noted that some restrictions in the City PAGE 18 COUNCIL MEETING MAY 13, 1996 Charter make it difficult to prepare a five (5) year plan. Council Member Kuether said she felt it was obvious that there is a problem and the Charter should be amended or it will continue to be a battleground. Mayor Landers said he felt that if all minds work a better solution will be found. Council Member Kuether said something needs to be done and said she felt that "time" was eating away the City roads. CONSIDERATION OF RESOLUTION NO. 96 - 53 AUTHORIZING DIRECTION FOR FUTURE OPTIONS RELATING TO GAS UTILITIES, RANDY SCHUMACHER Mr. Schumacher explained that City Staff has been researching future gas utility options. Presently Northern States Power Company, Minnegasco and Circle Pines Gas Utility all provide gas service throughout the City. A resolution has been prepared that would authorize City Staff and the Lino Lakes gas utility representative, Vern Reinert, to prepare gas utility options for the City Council to consider. Council Member Bergeson said that he feels it is very important that the City Council give this matter their best effort and hire some consultants who can give the City Council informed options. He noted that the utility companies have plenty of "muscle" therefore, it is imperative that the City Council be prepared for utility company opposition. Council Member Lyden asked how the City Council goes about getting good consultants. Council Member Lyden moved to adopt Resolution No. 96 - 53 as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 53 can be found at the end of these minutes. CONSIDERATION OF APPOINTING COUNCIL MEMBER NEAL AS LIAISON TO THE ANOKA COUNTY CORRECTIONAL PROGRAMS, RANDY SCHUMACHER Mr. Schumacher noted that a letter had been received from County Commission Margaret Langfeld requesting that a Council Member be appointed to serve as a liaison for the County Correctional Programs located in the City of Lino Lakes. Council Member Neal presently represents the City as the liaison to the State Correctional Facility and has indicated that he would also serve as the liaison to the County. Council Member Kuether moved to appoint Council Member Neal as liaison to the Anoka County Correctional Programs in the City of Lino Lakes. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. OLD BUSINESS Update, Adams Outdoor Advertising Signs Litigation - Mr. Schumacher explained that the Adams Outdoor Advertising Sign Company had submitted applications for outdoor billboards to be erected near I -35E and Main Street and I -35W and Lake Drive. PAGE 19 COUNCIL MEETING MAY 13, 1996 The City's development policy prohibited this activity. Adams Outdoor Advertising Signs Company sued the City and the matter was taken to court. Adams Outdoor Advertising Sign Company lost the lawsuit. The City has now been notified that the appeal time has expired without Adams Outdoor Advertising Signs Company filing an appeal. The matter is now considered closed. The agenda item is for Council information only and no action is required. NEW BUSINESS Consideration of Minutes, Council Work Session, April 15, 1996 - Council Member Neal moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of a Request to Divide Voting Precinct No. 3 into Two Precincts - Mrs. Anderson explained that residential growth in the City has created a need to divide voter Precinct No. 3. Currently, Precinct No. 1 has 1,295 registered voters, Precinct No. 2 has 2,339 registered voters and Precinct No. 3 has 3,185 registered voters. Anoka County, Division of Elections recommends that there be no more than 1500 registered voters in any one precinct. Although Precinct No. 2 has more than the recommended registered voters, she recommended that it not be divided at this time. Mrs. Anderson noted that she has made arrangements with Living Waters Lutheran Church for use of their social hall to conduct both the primary and general elections this year. They have indicated that their social hall will be available for future elections. This means that there will be two (2) polling places very close together. Since there are no other public buildings in this part of the City, Mrs. Anderson recommended that the City council approve the Living Waters Lutheran Church location as the polling place for Precinct No. 4. Mrs. Anderson included a map in each Council Member's packet showing the boundary lines for each of the four (4) precincts. Boundaries of each precinct must be a recognizable land mark such as a street, railroad track or other similar feature. In dividing Precinct No. 3, Mrs. Anderson used Birch Street as a boundary to the north, Ash Street (County Road J) as a boundary to the south, Hodgson Road (Highway 49) as a boundary to the west and 12th Avenue/Holly Drive as the boundary to the east. All areas within these boundaries would be Precinct No. 3 and all areas outside of these boundaries would be Precinct No. 4. Precinct No. 3 would have 1,720 registered voters and Precinct No. 4 would have 1,444 registered voters. Mrs. Anderson explained that after the year 2000 federal census, the entire state will be redistricted. This may mean that boundaries of current precincts must be rearranged to coincide with the district boundaries. She recommend that all of the precincts be re- evaluated and boundaries changed if necessary. Mrs. Anderson felt that the number of new residents on the east side of the City will grow significantly so that another precinct PAGE 20 COUNCIL MEETING MAY 13, 1996 can be added in that area. She also noted that precinct boundaries will continue to be rearranged until the City reaches maximum growth. Mrs. Anderson explained that approval of the division of Precinct No. 3 is required before June 1, 1996. If the division is approved, she will notify the Elections and Voter Registrations Division at Anoka County and the Office of the Secretary of State, Division of Voter Registration and Elections. Anoka County will notify all registered voters who will be voting in the new precinct where their new polling place is located. Mrs. Anderson will also include this information in the Summer and Fall Newsletter as well as placing the information on Cable T V. She explained that since this election is a presidential election where voter turnout is usually larger, notification of affected residents is an important issue. Mrs. Anderson said that she will notify all residents in the newly created Precinct No. 4 whether registered or not, that they will be voting at the Living Waters Lutheran Church. Mrs. Anderson recommended that the City Council adopt a motion approving the division of Precinct No. 3 as outlined above. Council Member Neal moved to adopt the recommendation of the City Clerk. Council Member Kuether seconded the motion. Motion carried unanimously. REMINDER, Last Regular Council Meeting in May will be held on Tuesday, May 28, 1996. Council Member Lyden referred to the Leadership -Team Building goals and said that he felt one goal should be new entrance signs to the City. He suggested that the entrance signs for the City of Little Canada could be used as a guide. Council Member Kuether said that maybe this concern could be mentioned to the Friends of the Parks Foundation. She also suggested that a Public Relations Committee be formed to work at improving the image of the City. Council Member Kuether noted that City wide events could include a parade, a Miss Lino Lakes contest and other such events. Council Member Neal moved to adjourn at 9:04 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held June 10, 1996. Co LjI& ` 7 Marilyn G &. Anderson, J L. Landers, Clerk -Treasurer Mayor PAGE 21 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 45 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION WHEREAS, the Lino Lakes Police Department began teaching the D.A.R.E. Program in local elementary schools in January, 1995, and WHEREAS, the curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS, the Centennial Fire Relief Association was made aware of the desire of the Lino Lakes Police Department to teach this program in the elementary schools and has donated $2,000.00 to the City to defer the cost of this program, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,500.00 toward the cost of the D.A.R.E. Program and wishes to express its gratitude to the Centennial Fire Relief Association for its generous donation. Adopted by the Lino Lakes City Council this 13th day of May, 1996. Marilyn . Anderson, Clerk -Treasurer L. Landers, ayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Lyden, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-46 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - CENTENNIAL MIDDLE SCHOOL WHEREAS, a resolution of the City Council adopted the 12th day of February, 1996, fixed a date for a council hearing on the proposed Centennial Middle School Street and Utility Improvements by constructing street, curb and gutter, storm sewer systems, water supply systems, and sanitary sewer systems. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 22nd day of April, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted 13th day of May, 1996. 2. OSM, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th d ; May, 1996. ATTEST: 6 Wu Maril G. Anderson, Clerk/Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof :Bergeson, Lyden, Kuether, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 47 RESOLUTION APPROVING STREET SWEEPING JOINT POWERS AGREEMENT WITH THE CITY OF CENTERVILLE WHEREAS, the City of Centerville and the City of Lino Lakes desire to share public works services for the following listed projects: street sweeping and hauling of sweepings, and WHEREAS, the City of Centerville and the City of Lino Lakes are willing to cooperate regarding the aforementioned projects, and WHEREAS, Minnesota Statutes 471.59 allow the cities of Centerville and Lino Lakes to enter into a Joint Powers Agreement to cooperatively share public works services, NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted by Minnesota Statute 471.59, it is agreed between the parties as follows: 6 1. The City of Centerville will perform the following public works projects for the City of Lino Lakes: Haul sweepings from Lino Lakes sweeper, when Lino Lakes is sweeping Lino Lakes street. (Rate of hours exchanged will be one hour sweeper time equals 1.18 hours truck hauling time in return. EXAMPLE: 40 hours hauling time is equal to 34 hours of return sweeping time.) 2. The City of Lino Lakes will perform the following public works projects for the City of Centerville: Sweeping of City of Centerville streets as per their Street Superintendent, Paul Palzer. Hours to sweep would be at a rate of hours they haul sweepings for Lino Lakes. (1.18 hours of truck hauling = one hour of sweeping time.) *Truck hauling time divided by 1.18 will equal sweeping time that the City of Lino Lakes will sweep Centerville streets. 3. This Agreement may be amended when mutually agreed by the parties hereto. Any changes in scope or term of the Agreement shall be amended in writing and dually executed by the parties hereto prior to the performance of any of the services agreed to by set Agreement. -.4 • • RESOLUTION NO. 96 - 47 Page -2- 4. This Agreement shall be automatically renewed annually unless it is terminated in whole or in part by either party upon 30 days written notice. 5. The Cities of Centerville and Lino Lakes hereby release from liability and waive any claims against each other for any injuries, damages or loss to any person or property arising from the work to be performed in the context of this agreement. The parties further agree that each entity will be responsible for its own personnel, equipment, and for injuries or death to such personnel or damage to any such equipment. Insurance coverage and any financial compensation shall be the responsibility of the governmental entity performing the work. Each party waives the right to sue any other party for any workers compensation benefits to its own employees even if the injuries were caused wholly or partially by the negligence of any other party. Adopted by the Lino Lakes City Council this 13th day of May, 1996. L. Landers, Mayor Marilyn G. derson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: Council Member Neal. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-48 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following projects: 1) Well No. 3 Pumphouse; 2) Fourth Avenue Trunk Utilities; 3) Trapper's Crossing Street Utility Improvements; 4) Marshan Condominium Street Utility Improvements; and 5) Birch Street Trunk Watermain, which is further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of Section 1.103-17(1) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretonfore been paid by the RESOLUTION NO. 96-48 PAGE 2 City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to RESOLUTION NO. 96-48 PAGE 3 reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Adopted by the City Council this 13th day of May, 1996. koz{cryt, Marilyn . Anderson Clerk -Treasurer L. Landers, Mayor 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: Bergeson, Kuether, Lyden;"Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 13, 1996. Ma 'lyn G. Anderson Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-49 RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS - UNDERGROUND STORAGE TANK. WHEREAS, the City of Lino Lakes has budgeted funds for the installation of a new underground storage tank system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 13th day of May, 1996. 2. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 3. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Thursday, June 20, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, June 24, 1996, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 13th day of May, 1996. Marilyn, Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 13, 1996. Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 53 RESOLUTION NO. 96 - 53 RESOLUTION AUTHORIZING CITY STAFF AND THE LINO LAKES GAS UTILITY REPRESENTATIVE (VERN REINERT) TO PREPARE GAS UTILITY OPTIONS FOR CITY COUNCIL CONSIDERATION WHEREAS, the City of Lino Lakes has previously reviewed their options as it relates to gas utility services throughout the community, and WHEREAS, the City Council has authorized staff to enter into an agreement with a law firm specializing in municipal gas franchises, for the purpose of determining all available options the City of Lino Lakes may have for future gas utility services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Lino Lakes City Council requests that the appropriate staff, along with its gas utility representative (Vern Reinert) prepare and present gas utilities options for City Council review. 2. The City council be kept abreast of the process of this research at future work session. 3. A preliminary report be submitted to the City Council no later than 60 days from the adoption of this resolution. Adopted by the City Council of the City of Lino L.. es this 13th day of May, 1996. l )1 J • Ct2k ewt4v., Maril�yrr G. Anderson, Clerk -Treasurer L. Landers, Mayor 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: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None . Whereupon said resolution was declared duly passed and adopted. Council Member Lyden resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 96-50 RESOLUTION ORDERING PREPARATION OF REPORT - CEDAR STREET LIFT STATION. WHEREAS, it is proposed to install sanitary sewer lift station near the intersection of Cedar Street and Otter Lake Road and to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to John Powell of TKDA for study, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council this 13th day of May, 1996. Ola • Marilyn c. Anderson Clerk -Treasurer hn L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Mt. t_3 , 1996. 11A r Marilyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-51 RESOLUTION RECEIVING THE CEDAR STREET LIFT STATION FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, Pursuant to a resolution of the Council adopted May 13, 1996, a report has been prepared by John Powell, TKDA with reference to the sanitary sewer lift station improvement and this report was received by the Council on May 13, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 10th day of June, 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 13th day of May, 1996. 6-1.1&W-el-rLY Man yn Anderson Clerk -Treasurer J n L. Landers, Mayor 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:. Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 13, , 1996. KC ar lyn C ,.,14nderson, Clerk -Treasurer Council Member Kuether resolution and moved its adoptio n: CITY OF LINO LAKES RESOLUTION NO. 96-52 introduced the following RESOLUTION RECEIVING THE OTTER LAKE ROAD REALIGNMENT FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, Pursuant to a resolution of the Council adopted February 12, 1996, a report has been prepared by John Powell, TKDA with reference to the Otter Lake Road Street Improvement, and this report was received by the Council on May 13, 1996, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 10th day of June, 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as reuired by law. Adopted by the City Council this 13th day of May, 1996 Marilyn C . Anderson Clerk -Treasurer J+hn L. Landers, Mayor 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: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a cg{rect copy of a resolution duly passed, adopted and approved by the City Council on , 1996. derson, Clerk -Treasurer