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HomeMy WebLinkAbout04/13/1998 Council Minutes• • • COUNCIL MINUTES April 13, 1998 CITY OF LINO LAKES MINUTES DATE : April 13, 1998 TIME STARTED : 6:31 P.M. TIME ENDED : 9:18 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Finance Director, Mary Vaske; Building Official, Pete Klugel; Fire Chief, Milo Bennett; Parks and Recreation Director, Rick DeGardner; Police Department Office Manager, Rene Kulfass; Environmental and Forestry Coordinator, Marty Asleson and City Clerk Marilyn Anderson STATE OF THE CITY ADDRESS Mayor Sullivan began by introducing the Council Members and City Staff and then presented the State of the City Address, which summarized the cornerstones of this administration. State of the City Address can be found at the end of these minutes. SETTING THE AGENDA Mayor Sullivan requested Consideration of Minutes, March 18, 1998, item 1A(1), be moved to New Business, item 11G. She also requested Consideration of a Motion to Proceed with the City Hall, Early Childhood Center and Police Department and Authorize Bonding in the Approximate Amount of $5,350,000.00, item 11F, be moved to Community Development Report, item 6A(1). The Agenda was approved as amended. CONSENT AGENDA Council Member Bergeson moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: March 31, 1998 ($10,185.22) Approved COUNCIL MINUTES April 13, 1998 April 13, 1998 (Checks N0. 50418 - 50536, $425,275.31) Approved Centennial Fire District (April 7, 1998) Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialogue. OPEN MIKE Rice Creek Watershed District (RCWD) - Andy Cardinal, 6657 Centerville Road, began by introducing Eugene Peterson, Chairman and Anoka County Representative, and Kate Drewry, District Administrator of the Rice Creek Watershed District. Ms. Drewry then gave a synopsis of what the Rice Creek Watershed District entails and summarized some of their current projects and highlights from last year. She stated that their main purpose is to improve the water quality of our area lakes and ponds. Council Member Lyden wondered if they could help Lino Lakes citizens in regard to the rights and responsibilities concerning the many ditches that go through Lino Lakes. Ms. Drewry said that she could provide a map of the ditches that they maintain and inspect. Mr. Peterson thanked the Council for inviting them to the meeting, emphasizing one of their goals as becoming more "user friendly" and to work more closely with government agencies. He also thanked them for reappointing Mr. Cardinal to the RCWD, stating that he was a real asset to the Rice Creek Watershed District. Mr. Don Dunn, 6885 Black Duck, came forward to inform the Council and public that a formal program is being developed to begin a Lake Management Plan for Lake Reshanau. He invited everyone to participate and stated the meeting was April 30, 1998, 6:30 p.m. at City Hall. Mr. John Landers, 7181 Sunrise Drive, came forward to discuss the truck situation on Elm Street. He stated that quite frequently he witnesses trucks unloading a crane on the blacktop. He noted there is a five ton weight limit on that street. Mr. Landers explained that he had spoken with some of the drivers, the Police Department, and City Staff, and has received no satisfaction. His frustration was in the fact that the City asks taxpayers for money to fix the streets yet, at the same time, allows violations that are destroying the streets. He wanted to know what the City was going to do to stop this type of abuse from happening. Mayor Sullivan agreed with his complaints and advised him to call 911 during the next occurrence so the City can take immediate action. ENVIRONMENTAL AND FORESTRY DEPARTMENT, MARTY ASLESON Earth Day Proclamation - Marty Asleson read the Earth Day Resolution and then asked Council for approval. 2 • • COUNCIL MINUTES April 13, 1998 Council Member Neal moved to approve the Earth Day Proclamation. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Sullivan noted that this was the closest thing the City had to a City celebration and encouraged citizens to attend. The Earth Day Proclamation can be found at the end of these minutes. _ Consideration of the FIRST READING of Ordinance No. 03 - 98, Amendment to Chapter 200, Subdivision 211 of the City Code, Parks, Recreation and Environmental Commission - Mr. Asleson explained that this was the first reading of the amendment of Chapter 200, Subdivision 211 of the City Code replacing the Parks, Recreation, and Environmental Board with the Park and Recreation Board. Elements extracted from this Code concerning environmental affairs have been incorporated into the Environmental Board Ordinance presently under consideration to establish an Environmental Board. Mr. Asleson asked Council to approve the FIRST READING of Ordinance No. 03 -98. Mayor Sullivan asked if the Park Board had approved this and Mr. Asleson indicated that they had. Council Member Lyden moved to approve FIRST READING of Ordinance 03 - 98. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of the FIRST READING of Ordinance No. 04 - 98, Creation of the Environmental Board, Chapter 200, Subdivision 217 - Mr. Asleson explained that this was the first reading of Ordinance No. 04 - 98 establishing the Environmental Board, Chapter 217 of the Lino Lakes City Code. Elements from the Parks, Recreation, and Environmental Board were extracted and incorporated with the proposed by-laws for the Environmental Affairs Committee to write this ordinance. The ordinance has been reviewed by Staff and is being forwarded to Bill Hawkins, City Attorney, for review. Mr. Asleson then asked Council for approval of Ordinance No. 04 - 98. Mayor Sullivan commented that there was a need to ensure processes are in place for the Environmental Board. Now that the Board is established and responsible for certain issues, the City needs to make sure they are working well with other departments. Council Member Lyden moved to adopt Ordinance No. 04 - 98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 04 - 98 can be found at the end of these minutes. COUNCIL MINUTES April 13, 1998 ECONOMIC DEVELOPMENT AUTHORITY ADVISORY BOARD (EDAAB) APPOINTMENTS, BRIAN WESSEL Consideration of Economic Development Authority Advisory Board Appointments - Mr. Wessel explained that the Economic Development Authority Advisory Board (EDAAB) expanded in 1994 from five to seven voting members. Currently, two seats have expired (Roger Jensen and Glenn Rehbein) Dean Tollefson resigned, leaving a vacancy. There is a total of three open seats. Seven people have applied for the three open seats. Staff recommendation was to reapoint Roger Jensen and Glen Rehbein, to retain John Bergeson (City Council) and Bill Johnson (P & Z) as liaisons, and to appoint John Milbauer to the vacant seat reserved for a banker. The following candidates have officially expressed an interest in being considered for the Board: Glenn Rehbein* 12/31/2000 Roger Jensen* 12/31/1999 Jim Milbauer 12/31/2000 Fritz Johnson 12/312000 Patricia Rickaby 12/31/1999 Paul Easterday Guy Herr * Incumbent The City Council has had the opportunity to interview candidates. The Council has two issues to consider: appointment of individuals to the open seats, and should the Board be expanded to nine voting members. EDAAB, at its meeting on Thursday, April 9, reviewed the option of expanding the Board and made a recommendation to expand the Board. If the Council opts to expand the Board, it should to appoint an additional two members for a total of nine members. Council Member Neal asked when the members would officially start. Mr. Wessel stated May 7, per action of this meeting. Consideration of a Name Change for the EDAAB Board - Mr. Wessel explained that the EDAAB is not a Board required by Sate Statute or the City Charter. The group acts in an advisory capacity on economic development issues. The Board members volunteer their time and, unlike other City boards, generally make their recommendations based on consensus rather than a vote. There is no residency requirement for this group. Mr. Wessel stated that staff recommends the name of the Economic Development Authority Board be changed to the Economic Development Advisory Committee. Council Member Bergeson moved to approve expanding the Board to nine members, the appointment of terms outlined above, and the name change to the Economic Development Advisory Committee. Council Member Dahl seconded the motion. Motion carried 5-0. 4 COUNCIL MINUTES April 13, 1998 • CONSIDERATION OF ENGINEERINGBUILDING DEPARTMENT SECRETARY POSITION, DAVID PECCHIA • Mr. Pecchia explained that the City has an opening for a Department Secretary B. The position was approved by Council for the 1998 budget and will provide clerical and secretarial support to the Public Works/Engineering and Building Inspection Departments. The position was advertised/posted within the City buildings and Carri Villella who is currently the City's receptionist, was the only applicant. The position required higher qualifications and Carri was tested to determine whether or not she met the new qualifications. Carri was tested for her typing, composition, spelling, and vocabulary skills. She was also interviewed by Tom Jackson and Pete Kluegel from the Building Inspection Department and Dave Ahrens our City Engineer/Public Works Director. It is their recommendation that Carri be considered for this full-time position. Mr. Pecchia continued stating that the selection process to fill the vacancy created by the promotion of the current receptionist, Carri Villella, is anticipated to be completed by June 1, 1998. He is recommending that the promotion of Ms. Villella become effective upon the hiring of a replacement receptionist or June 1, 1998, whichever occurs first. Council Member Lyden stated that customer service is very important at City Hall and he has been very impressed with the applicant's effort in that area. Council Member Neal noted that the selection of her replacement will be critical and asked if they had interviewed anyone yet. Mr. Pecchia stated they will be starting the interview process next week. Council Member Lyden moved to approve Ms. Carri Villella for the Public Works/Engineering & Building Department Secretary. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Site Plan Review, Lakeland Bank, Apollo Drive, Phase 3/Lake Drive - Ms. Wyland explained that Mr. Roger Kolstad has submitted a request to construct a 3,600 square foot bank upon a + 35,400 square foot parcel of land located north of the proposed extension of Apollo Drive and west of Lake Drive (CSAH 23). The subject site is zoned GB, General Business, which lists financial institutions as permitted uses. Based on the following review, our office recommends site plan review approval of the proposed bank subject to the following conditions: 1. The Lake Drive Access is terminated at such time when southerly public street access (via Apollo Drive) is provided. 2. The landscape plan is subject to review and approval by the City Forester and CPTED Officer. COUNCIL MINUTES April 13, 1998 3. At such time as a southerly property access is available (and the Lake Drive access is terminated), the Lake Drive parking lot access drive is removed and restored as green area. 4. The proposed Lake Drive (CSAH 23) access location is subject to review and approval by the City Engineer and Anoka County Highway Department. 5. The City process and approve one of the following: a. A conditional use permit to allow the establishment of an accessory drive- through facility within a GB Zoning District. b. A Zoning Ordinance amendment establishing accessory drive-through facilities as permitted (rather than conditional) accessory use in the GB Zoning District. 6. The bank drive-through lane is expanded or redesigned such that the stacking of vehicles (three) does not encroach upon the adjacent parking lot drive aisle. 7. The site plan is revised to identify an off-street loading space. 8. All lighting used to illuminate off-street parking areas are arranged to deflect light away from adjoining properties. 9. A detailed sign plan is submitted subject to City approval. 10. The submitted utility and grading plan is subject to review and approval by the Town Center Architectural Review Committee. 11. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee. Ms. Wyland informed the Council that the Planning and Zoning Board approved this item with the conditions outlined in the staff report. She also noted that this item did not change the text requirement, it just meant the applicant had to reapply for a Conditional Use Permit for the drive- through. Mr. Wessel then summarized the schedule for the project, noting that the architectural firm had been very cooperative with Staff. With the use of a map, he went over the design and noted the push of businesses away from Lake Drive. The Engineer's drawing does allow for a smaller pond, allowing room for more trees to serve a buffer from Lake Drive. Council Member Bergeson stated this process was delayed because of the amending process, noting the applicant has to go through the Planning and Zoning Board twice. Mr. Wessel agreed, stating that the applicant had a month delay because the Planning and Zoning Board voted 6 • • COUNCIL MINUTES April 13, 1998 against the Zoning Ordinance amendment that allowed financial institutions as a "permitted" use rather than a Conditional Use Permit. Council Member Bergeson wondered if there was any way to change that. Ms. Wyland stated that it would require a public hearing to change the Code, and the Planning and Zoning Board has every intention of approving, whether it be "permitted" or "conditional." Mayor Sullivan was concerned that this could become an issue if the Council did not approve. Mr. Wessel encouraged the Council to approve because this would be very good for the community. Council Member Lyden stated that although he did appreciate the setback, he wondered if it was enough. He also stated that it was very difficult to approve the request without a comprehensive view of the whole Apollo Street project, explaining they are unable to guarantee that the roads will line up without knowing what is going to be built on the east side of Lake Drive. Mr. Wessel agreed that the connection with Lake Drive is key; however, Apollo Drive is more than just a line on a map, the location has been set. Council Member Lyden explained that the map was a micro scale and because of that it was very difficult to see how everything would be laid out. He believed that there was a convenience store going in and asked how they could determine the best location for these businesses if they were still unsure of what will be going in across the street. Mr. Wessel verified that a convenience store is going in and stated the debate was Lilac Street being closed down, which they did look at first and worked their way north. He believed that they were looking at the "big picture." Council Member Neal asked about the two homes on the land where Apollo Drive will be extended and if the City was buying them. Mr. Ahrens explained that the extension of Apollo Drive does go through two homes and they have been meeting with those homeowners. An appraiser and relocation company working on it. Council Member Neal asked if the homeowners planned on having their homes relocated. Mr. Ahrens said that they had not looked into that option but they would not rule that out. Council Member Neal said that if the homeowners preferred to have their homes moved they should let them. He asked what relocation company was being used and stated he preferred that they be investigated. Mr. Wessel stated that the company was Conworth. Mayor Sullivan asked Mr. Ahrens to look into the option of relocating their homes. Council Member Lyden asked if the setback requirement was the same for the convenience store as the bank. Mr. Wessel indicated it was not. Mayor Sullivan stated that she would appreciate them working with the Town Center Committee on this plan and the Environmental Board for landscaping options. COUNCIL MINUTES April 13, 1998 Council Member Bergeson moved to approve the Lakeland Bank, Apollo Drive Phase 3/Lake Drive, Site Plan Review. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of a Motion to proceed with the City Hall, Early Childhood Center and Police Department and Authorize Bonding in the Approximate Amount of $5,350,000.00 - Ms. Vaske explained that at the Council Work Session on Wednesday, April 8, 1997, discussion was centered on the Civic Center funding options. There seemed to be a consensus by the Council to proceed on the project with the issuance of bonds of approximately $5,350,000, to be paid by property taxes. The bonds will be issued when the conditions by Springsted are met, which are: 1. That the City has the funds available and is willing to transfer those funds to the construction fund. Agree with the exception of repaying the water and sewer funds with proceeds from sale of City property. 2. To determine if the Early Childhood Facility should be included in the bond. Agree to free current Area and Unit funds for possible park land purchase. 3. Title to the land must be obtained with title insurance secure. Bill Hawkins is currently addressing this issue. 4. Final agreement with the School District on the lease. A signed lease agreement with the School District is on file. 5. Refine estimates for total costs and square footage of the facilities. Brian Wessel is handling preparation of this information. Ms. Vaske asked the Council to approve the motion to proceed with the Civic Complex as presented, with the sale of bonds of approximately $5,350,000 to follow when all of the above conditions are met. Mr. Hawkins gave the Council an update of the land title situation, stating that the title from the County has been acquired, although the land owner does have the right to appeal the decision regarding compensation. The County was seeking title insurance which would be completed this week. 8 COUNCIL MINUTES April 13, 1998 . Mayor Sullivan asked what could happen if the land owner does appeal. Mr. Hawkins stated that the appeal would involve the money he received for the property, not the title itself. • • Mr. Bergeson asked for clarification on the approximate $5.3 million. Ms. Vaske explained how they got to that figure, noting that when the process started last year the figure was $3.5 million. She also verified that the $5.3 million figure did cover the costs of all three buildings. Council Member Lyden asked who was representing the City regarding the lease with the School District. Mr. Pecchia said it was Randy Schumacher. Mayor Sullivan questioned if the agreement covered all the costs and Ms. Vaske indicated that it did. Council Member Lyden moved to proceed with City Hall, Early Childhood Center, and Police Department and authorize bonding in the approximate amount of $5,350,000.00. Council Member Neal seconded the motion. Motion carried unanimously. Civic Complex/Early Childhood Facility, Village Center, Site Plan Review and Conditional Use Permit for Early Childhood Facility - Mr. Wessel informed the Council that the Site Plan Review and Conditional Use Permit were approved by the Planning and Zoning Board at their March 11, 1998 meeting with the condition that the Plat for the Village No. 2 be approved. Since the plat review required a Public Hearing at the April 8 Planning and Zoning Board, staff decided to wait to present this item until completion of that review. They are now asking Council to consider the plat (previous agenda item), the Site Plan review and the Conditional Use Permit. Mr. Wessel continued stating that the City of Lino Lakes is requesting approval of a + 44,000 square foot civic complex within the Town Center "Village" located south of I -35W and east of Lake Drive. The civic complex is comprised of the following components: 1. A 17,404 square foot City Hall. 2. A 16, 378 square foot Police Station. 3. A 10,037 square foot Early Learning Center (to be leased and operated by the Centennial School District). Specifically, the following approvals are necessary to accommodate the proposed use: 1. Site and building plan. 2. Conditional Use Permit to allow a "school" within a PSP, Public/Semi-Public Zoning District. COUNCIL MINUTES April 13, 1998 Technically, the lot upon which the civic complex is to be constructed has yet to be formally created (or provided public street access). Thus, site and building plan approval must be made contingent upon the future subdivision of land. Based on the following review, staff recommended Site and Building Plan/Conditional Use Permit approval of the Lino Lakes Civic Complex subject to the following conditions: 1. The City approve a subdivision of the property to provide public street access to the site and results in the creation of a lot which is in conformance with minimum PSP District lot requirements. 2. The civic complex meet applicable PSP District setback requirements. 3. Verification is made that the proposed structure does not exceed 45 feet in height. 4. A minimum of 35 percent of the subject site is reserved as green area. 5. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee, City Forester, and CPTED Officer. 6. The site plan/landscape is revised to identify the following items and subject to approval of City staff: a. Handicap parking stalls. b. Trash handling areas. c. Loading spaces. d. Exterior lighting locations. e. Sizes of proposed plantings. 7. All trash handling equipment is fully enclosed and screened from view of neighboring properties. 8. In compliance with Town Center design guidelines, site light fixture selection gives attention to both function and aesthetics. 9. Site wetlands are specifically delineated and protected. 10. A grading and drainage plan is submitted which is subject to review and approval by the City Engineer and Rice Creek Watershed District. 11. All site signage comply with applicable Sign Ordinance requirements. 12. Comment of other City staff. 10 • • COUNCIL MINUTES April 13, 1998 Mr. Wessel pointed out the architectural specifics regarding the building plan, conditional use permit, and preliminary final plat. He introduced the architect on the project, noting that he had held many meetings with him discussing the design and material for the project. Mr. Francis Bulbulien briefly presented the building plan, noting he agreed with the concepts Mr. Wessel had indicated. He explained some of the materials they would be using, including soft red bricks and a green metal roof. There will be samples on site. He said that they would include tinted glass windows to minimize the heat from the sun. Also, wood tresses will be seen on both the inside and outside. Council Member Bergeson stated that being invited to participate in choosing the samples is very beneficial, as you get a different view of what things will look like directly at the site. He noted they were invited to do the same at the Town Center Complex and he was very encouraged by their response regarding their likes and dislikes. Council Member Lyden asked if the outdoor lighting had been selected and Mr. Bulbulien explained the lighting as having a lantern effect, as it lights it reflects the light back. Council Member Lyden asked why there were no flag poles, since this is a civic government building. Mr. Bulbulien referred to a drawing showing where the flag poles would be located. Bulbulien pointed out where each of the buildings would be in relation to each other, He noted the spaces for short-term parking, additional parking in the back, and the shielded trash bins. Council Member Lyden asked if there was adequate turn around space and Mr. Bulbulien said that the plan met all the parking and turn around requirements. Council Member Lyden suggested some sort of water fountain in the middle of the horseshoe, noting the pleasing sound of water. Mr. Bulbulien explained that they were working very hard to keep within the budget presented, so a waterfall was not feasible. He explained that although there would be sidewalks going to the building entrances, it would also be possible to reach them through the open lawn. Council Member Neal stated that he would rather see the space in the horseshoe used for a very large Christmas tree, as he has been asked, in the past, why Lino Lakes does not have one. Council Member Lyden said he liked the idea of a Christmas tree and using the pond during the winter months as an ice rink for younger children. Mayor Sullivan asked about the process for verifying the compliance in which issues have been met and when they would have the schedule to return. Ms. Wyland stated that those items would be addressed in the building plan and site plan review next month. Mayor Sullivan asked about the City logo and Mr. Wessel explained that the sign on the civic • complex does incorporate the logo. COUNCIL MINUTES April 13, 1998 Council Member Lyden noted that driving through a park he had seen a very interesting, simple sign design entailing a square box with a heron cut out of it. Mayor Sullivan suggested that the City develop guidelines for use of the City logo, so it is not changed for every use. Mr. Wessel agreed and said that the logo is recognized and the City does not want to see it abused. Council Member Lyden asked if the sidewalks could be done in contrast to the brick on the building. Mr. Bulbulien explained that the sidewalks could be colored and they are considering it, but that would cost more money. He noted that the seal coating would be in a warm gravel. Council Member Lyden indicated that he really liked the idea of a paved sidewalk throughout the Town Center. Mr. Wessel reminded them of the budget constraints. Council Member Bergeson made a motion to approve the Civic Complex Site Plan Review and Conditional Use Permit for Early Childhood Facility with conditions listed above and with the exception of Condition No. 12. Council Member Dahl seconded the motion. Motion carried unanimously. Village, Phase 2 Final Plat - Ms. Wyland explained that the City is requesting review and approval of the plat for Village No. 2. This plat consists of a replat of a portion of the Village No. 1 with the addition of the recently acquired County parcel intended to house the City Complex, future community center (YMCA) and village green. To facilitate construction of the City Complex, a platting of the parcel is required. The plat will consist of one lot, Lot 1, Block 1 which is 9.64 acres in size, and one outlot, Outlot A which is 18.4 acres in size. As future development occurs, the outlot will be replatted. The lot dimensions and area meet the requirement of the PSP Zoning District. Ms. Wyland continued stating that the City's Engineering Consultant, OSM, has reviewed the plat to insure the proposed extension of Town Center Parkway will fit within the design of the current roadway. The current roadway configuration is 80' to accommodate a landscaped median, the extension will not contain a median and is, therefore, proposed at 60' in width. Drainage plans have been developed for the site and permit approval from the Rice Creek Watershed District is expected on Wednesday, April 8. Easements will be provided over all wetlands as is required by Ordinance. Ms. Wyland advised the Planning and Zoning Board has approved the final plat with conditions. Staff recommends approval of this preliminary and final plat for The Village No. 2 with the following conditions: 1. Easements are provided as per the City Subdivision Ordinance along lot lines and wetlands/drainage ways. 2. Town Center Parking terminus contain a temporary cul-de-sac to allow adequate space for turning maneuvers. 12 COUNCIL MINUTES April 13, 1998 • Council Member Lyden moved to approve the preliminary and final plat for The Village No. 2. Council Member Neal seconded the motion. Motions carried unanimously. • • Consideration of Summary for Publication of the Telecommunication Ordinance - Ms. Wyland explained that Staff has drafted the following summary of Ordinance No. 1 - 98, Telecommunication Ordinance, and would request approval by the Council to facilitate publication in the legal newspaper: AN ORDINANCE AMENDING THE LINO LAKES ZONING ORDINANCE BY ESTABLISHING REGULATIONS FOR THE CONSTRUCTION AND PLACEMENT OF WIRELESS COMMUNICATION TOWERS, EQUIPMENT AND FACILITIES Section 1. Definitions Section 2. Administrations Section 3. General Standards including: Certification, Inspection and Maintenance Tower Design Co -Location Requirement Accessory Antennas Personal Wireless Service Antennas Commercial and Public Radio and Television Transmitting Antennas and Public Utility Microwave Antennas Section 4 through 45 Detail of where antenna location is allowed per zoning district. Adopted by the Lino Lakes City Council March 9, 1998. Council Member Lyden moved to approve Summary for Publication, Ordinance No. 1 - 98, Telecommunication Ordinance. Council Member Dahl seconded the motion. Motion carried unanimously. Comprehensive Land Use Plan Update - Mr. Wessel stated that the 10th meeting of the Comprehensive Plan Task Force was last Thursday, April 9, 1998. It was a wrap up of all the information and summarization of District 5 and 6. They have completed the analysis and put together materials for all neighborhoods and districts. Working through as a committee, a process for finalization will be forwarded to the Council this fall. 13 COUNCIL MINUTES April 13, 1998 Mr. Wessel noted that the next meeting would be held May 21, 1998, in the work session format. Mayor Sullivan expressed concern that more citizens hear about this meeting and get involved. She requested further action regarding the vision bus tour set up and next forum. Mr. Wessel explained that the new phase was to consolidate information. He believed that the first item of business at their next meeting would include determining when the tour and citizens forum would take place. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 48, Accept Bids, Ware Road Reconstruction Project - Mr. Ahrens explained that sealed bids were received and opened on Tuesday April 7, 1998, for the Ware Road Street and Utility construction project. City Council action is required to accept the bids. The project can not be awarded until final plan approval has been received from Mn/DOT. The final review is currently underway and project award is tentatively scheduled for the April 27th meeting. The City Council ordered the improvement for the Ware Road Street and Utility construction project at the February 23, 1998 Council Meeting. On April 7, 1998, five sealed bids were received and opened with the following results: S. R. Weidema, Inc. Richard Knutson Arnt Construction Barbarossa & Sons Northdale Construction Engineer's Estimate $1,420,498.13 $1,447,207.84 $1,471,754.55 $1,511,672.64 $1,511,933.56 $1,485,390.70 The bid by S. R. Weidema, Inc. is approximately 5% below the engineer's estimate. Mr. Ahrens presented correspondence from the City's consulting engineer, OSM, Inc., recommending award of the construction contract to S. R. Weidema, Inc., after receipt of Mn/DOT approval. Mr. Ahrens explained that the construction costs for this project will be paid by sanitary sewer, water and storm sewer utility funds, MSA funds and a special assessment to Miller's South Glen. The proposed schedule for this project is as follows: Council accept bids Council awards bid Construction begins Substantial completion Wear course and striping 14 April 13, 1998 April 27, 1998 May 15, 1998 September 30, 1998 October 15, 1998 • • COUNCIL MINUTES April 13, 1998 Mr. Ahrens noted that awarding the bid at next Council meeting instead of tonight will not delay construction. He had added a cost analysis to their packets and they were $50,000 lower than expected. Council Member Bergeson asked why the bids were in the $1.4 million range and the total came in at $1.7 million. Mr. Ahrens explained that the $1.4 million figure was the construction cost and the $1.7 million was the total project cost, which included engineering, consultant, and administration fees, basically the overhead to administer the project. Council Member Lyden asked if State Aid would be available after this project. Mr. Ahrens stated that $1,113,000 was currently available, $53,000 over the estimate. Last year the City received $390,000. With a brand new Ware Road, the annual allotment would be approximately $350,000. Council Member Neal asked if there would be any change orders needed for this project. Mr. Ahrens said that the issue of change orders had been addressed so, hopefully, they would not need any. Council Member Bergeson moved to adopt Resolution No. 98 - 48, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 48 can be found at the end of these minutes. Consideration of Resolution No. 98 - 49, Accept Bids and Award Construction Contract, Town Center Parkway, Phase 2 - Mr. Ahrens explained that sealed bids were received and opened on Friday April 3, 1998 for the Street and Utility construction associated with Phase 2 of the Town Center Parkway project. City Council action is required to award a construction contract to the lowest responsible bidder. Mr. Ahrens continued stating the City Council ordered the improvement at the February 23, 1998, Council Meeting. On April 3, 1998, eight sealed bids were received and opened with the following results: S. R. Weidema, Inc. $229,592.00 W. B. Miller $239,041.95 Ryan Contracting $245,057.10 Northdale Construction $255,664,24 Kadlec Excavating $266,742.53 Kober Excavating $271,027.14 Penn Contracting $286,908.00 Engineer's Estimate $298,758.00 COUNCIL MINUTES April 13, 1998 Mr. Ahrens stated that the bid from Perkins Contracting was rejected since it did not use the bid form supplied in Addendum No. 2. The bid from Perkins was tabulated for the new quantities and had no effect on the outcome. The number of bids received and aggressive pricing represents a competitive bidding climate for the 1998 season. The bid by S. R. Weidema, Inc., is approximately 23% below the engineer's estimate. Mr. Ahrens presented correspondence from the City's consulting engineer, OSM, Inc., recommending the award of the construction contract to S. R. Weidema, Inc. The construction costs for this project will be paid by tax increment financing. The proposed schedule for this project is as follows: Council awards bid Construction begins Substantial completion April 13, 1998 April27, 1998 June 12, 1998 Mr. Ahrens noted that the financing was lower than anticipated. Mayor Sullivan thanked him for the concern regarding financing. She then requested that they check out S. R. Weidema, Inc., from time -to -time to be assured that they are working well with the City and citizens. Council Member Lyden moved to adopt Resolution No. 98 - 49, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 49 can be found at the end of these minutes. Consideration of Resolution No. 98 - 50, Declaration of Intent to Bond, Lakes Addition Street Reconstruction Project - 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 a resolution declaring the City's intent to finance the Lakes Addition Street Reconstruction Project with bonds. Exhibit A of the Resolution notes the amount to be bonded and is consistent with the amount of the referendum. If the proposed resolution is not adopted, the City will be required to find alternate methods to finance this project. Staff recommends that Resolution No. 98 - 50 be adopted. Council Member Lyden moved to adopt Resolution No. 98 - 50, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 50 can be found at the end of these minutes. Consideration of Resolution No. 98 - 51, Establish Policy on Utility Rates for Properties Outside of City Boundaries - Mr. Ahrens explained that Staff and Council previously discussed establishing utility rates charged to properties outside of the City's corporate boundaries. This policy is necessary as the City's utility system continues to the point where properties outside of Lino Lakes boundaries will request Lino Lakes utility service. The policy 16 • COUNCIL MINUTES April 13, 1998 will establish the proper procedures and utility charges for Staff and the requesting property to follow in responding to a request to connect to the utility system. Mr. Ahrens continued stating that based on discussion with Council, the proposed policy reflects concerns and issues raised by Council at the March 18, 1998, work session. Therefore, Staff is recommending that Council adopt Resolution No. 98 - 51 establishing a policy for utility rates to properties outside of city boundaries. Council Member Bergeson asked if the policy applied to an emergency connection to Centerville. Mr. Ahrens said that was a separate agreement between the two cities and applied to the property owners who want to use the service on a daily basis. Council Member Lyden asked if this was a "blanket policy" or was there an addendum for churches. Mr. Ahrens stated that initially it did allow for churches but that was removed. Council Member Neal stated he would be presenting a proposal to give a utility discount to senior citizens that would include garbage, water, and sewer. He stated that they have implemented this policy in Blaine and it has worked well. Mayor Sullivan suggested the proposal be brought to a Council work session. 1110 Council Member Bergeson moved to adopt Resolution No. 98 - 51, as presented. Council Member Dahl seconded the motion. Motion carries unanimously. Resolution No. 98 - 51 can be found at the end of these minutes. Consideration of Resolution No. 98 - 43, Approve Change Orders and Payment No. 10 (final), Trapper's Crossing Street & Utilities Project - Mr. Ahrens explained that the bonding company for the contractor of the Trappers Crossing Street and Utility Project is requesting City approval of Payment No. 10 (final) in the amount of $10,951.80. The bonding company is making this request since the contractor went out of business and the bonding company is now responsible for payments to subcontractors and suppliers working on the project. The final contract amount is summarized as follows: Contract amount Quantity overruns Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 $684,685.10 $ 2, 547.52 $ 5,940.00 $ 5,187.40 $ 1,800.00 $ 8,927.78 Final Contract Amount $709,087.80 • The overruns reflect the actual quantities used to complete the project versus the engineer's plan quantities. 17 COUNCIL MINUTES April 13, 1998 Change Order No. 1 includes work to remove and replace existing watermain that was in conflict with the sanitary sewer main. Change Order No. 2 includes work to install a storm drainage pipe within the Trapper's Crossing plat. Change Order No. 3 includes work to install plastic pipe crossing within the Trapper's Crossing plat to facilitate utility (gas, electric, cable) installation. This is in accordance with the City's Joint Trench Policy on utility installation. Change Order No. 4 includes work to install new driveway culverts and aprons along 12th Avenue and to install a sanitary sewer stub to provide service to the property west of Trapper's Crossing. Mr. Ahrens noted that all change orders were assessed to Trapper's Crossing at no cost to the City. Council Member Dahl asked if there was some sort of insurance policy to cover change orders and company bankruptcy. Mr. Hawkins explained that the company was bonded and provided a performance bond and payment bond. The contractor was the one that filed for bankruptcy and the bonding company did complete the work required. Mr. Ahrens did have a consultant look at the change orders and they are all legitimate. Council Member Bergeson moved to adopt Resolution No. 98 - 43, Approve Change Orders 1 through 4 and Payment No. 10 (final), Trapper's Crossing Street and Utility Project. Council Member Dahl seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 98 - 43 can be found at the end of these minutes. Consideration of Resolution No. 98 - 53, Approve Wetland Banking Credit Purchase Agreement - Mr. Ahrens explained that the City is required to replace impacted wetlands as a result of the Highway 49/23 Intersection Project completed in spring, 1997. The wetland replacement was planned to be done by purchasing wetland banking credits from Anoka County and creating wetlands near the project site. The proposed County banked wetland site has not received approval from Rice Creek Watershed District and Board of Water and Soil Resources, thereby, requiring the City to investigate other options. Staff discussed options with Rice Creek Watershed District (RCWD) to fulfill its obligation to replace the impacted wetlands. Options include using the natural resource inventory that the City will be undertaking this summer to identify sites within the City to create wetlands or purchase wetland banking credits from an approved site. The option of purchasing credits from an approved site was strongly favored by RCWD as it fulfills the City's obligation to replace the impacted wetlands more quickly (the City is two years behind in replacing the wetlands). 18 • • COUNCIL MINUTES April 13, 1998 Mr. Ahrens continued stating that Staff was directed to a property owner in Columbus Township who has an approved wetland banking site. Mr. Ahrens referred to an agreement that was drafted by the City Attorney and the property owner's attorney. The agreement states that the City will purchase 43,002 square feet of banked wetland credits at $0.50 per square feet or $21,501. The City assessed the benefiting property owners $20,000 for wetland replacement and the extra $1,501 is recommended to be funded from the Surface Water Management Fund. Staff recommends approval of Resolution No. 98 - 53. Council Member Neal moved to adopt Resolution No. 98 - 53, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 53 can be found at the end of these minutes. PARKS AND RECREATION DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 98 - 47, Park Naming Policy -Mr. DeGardner stated that currently, there is not an ordinance or resolution to officially name City parks. Staff has established a resolution that officially names existing parks and addresses the procedure for naming new parks. Specifically, the Park Board will make a recommendation to City Council following preliminary plat approval. Guidelines in creating park names are indicated on the resolution. A procedure to allow individuals interested in renaming their neighborhood park is also indicated. Staff recommends approval of Resolution No. 98 - 47. Council Member Lyden expressed concern over "50% of signatures," stating he did not want to put neighbor against neighbor and fear of a park continually being renamed. Mr. DeGardner said that just because a name was submitted it did not mean the park name would be changed. He asked if Council Member Lyden was suggesting a higher percentage requirement for signatures. Council Member Lyden indicated no, but believed there needed to be more criteria, suggesting this be a Council Work Session item. Council Member Neal suggested the parks be named due to a benefactor or large donation, otherwise, leave the park names as is. Mr. DeGardner explained that donations are involved in the criteria for park naming and that it is very important to establish this procedure because they have no current guidelines for this issue. Council Member Neal stated that Lino Park is most often referred to a Lions Park because of the Lions Club donations. Mr. DeGardner indicated there was a sign in the park that indicated that. Council Member Lyden expressed concern over what citizens might want to name a park. Mr. DeGardner emphasized the need to get a policy as soon as possible, and they could always COUNCIL MINUTES April 13, 1998 amend it, if necessary. He asked the Council to approve the resolution now so the City did have a policy in place. Council Member Bergeson moved to adopt Resolution No. 98 - 47, as presented. Council Member Dahl seconded the motion. Motions carried unanimously. Resolution No. 98 - 47 can be found at the end of these minutes. Consideration of Request to Approve Hiring of Part -Time Program Supervisor - Mr. DeGardner explained that applications for the part-time Program Supervisor positions were accepted through March 16, 1998. Eighteen applications were submitted. Seven candidates were selected and interviews were conducted March 23-24. Two finalists were invited back for second interviews the week of March 30. Mr. DeGardner stated that he recommended the hiring of Elizabeth Bursack for the position of part-time Program Supervisor. Ms. Bursack has a wide array of experience in the recreation field including working for the New Brighton Parks and Recreation Department and the Harriet Alexander Nature Center in Roseville. Ms. Bursack has a Bachelor of Science Degree in Parks, Recreation, and Leisure Studies from the University of Minnesota. Mr. DeGardner continued saying that the position provides for a $12.40/hour salary plus pro- rated benefits. The hiring of Ms. Bursack would be contingent upon a criminal background investigation. It is anticipated that this new position will concentrate in providing recreational programs for teen, youth, pre-school parent-child classes, and special events. Mr. DeGardner asked Council to approve Ms. Bursack as part-time Program Supervisor. Council Member Lyden moved to approve the hiring of Ms. Bursack as part-time Program Supervisor. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS - None. COMMUNITY CALENDAR FOR FEBRUARY 23 THROUGH MARCH 9,1998 City Council meets as the Board of Review, Monday, April 20, 6:30 p.m. City Council Work Session, Wednesday, April 22, 5:30 p.m. Earth Day, Saturday, April 25, Wargo Nature Center Environmental Board Meeting, Wednesday, April 29, 7:00 p.m. Reshanau Lake Homeowners Group, Thursday, April 30, 6:30 p.m., City Hall NEW BUSINESS 20 • COUNCIL MINUTES April 13, 1998 Consideration of Canceling Liquor License for Lino Liquors, Inc., Marilyn Anderson - Ms. Anderson explained that on January 28, 1998, Lino Liquors, Inc., located in the Tom Thumb building closed their doors and went out of business. The owners of this business also canceled their liquor liability insurance effective on that date. Since liquor liability insurance is one of the critical requirements for the license, she asked the Council to cancel the liquor license. She noted the Minnesota Liquor Board asked her to bring this forward to the Council. Council Member Neal moved to approve Cancellation of Liquor License for Lino Liquors, Inc. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 52, Abating 1998 Installment of Special Assessment for PIN. 24-31-22-41-0001, Cyril LaCasse, Marilyn Anderson - Ms. Anderson stated that the need for an assessment correction had been brought to her attention by the owner of the above described property. She certified an assessment to the property last fall along with all of the other assessment projects. She was not aware that the property owner had filed a petition against the assessment. Since the petition was properly filed, she is requesting that the assessment be abated. The property will be assessed at the time it is sold for development, the development contract will describe the assessment and how it should be paid. • Council Member Neal moved to adopt Resolution No. 98 - 52, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 52 can be found at the end of these minutes. Municipal Finance Workshops for Elected City Officials, April 23, 1998 (St. Paul) or April 29 (St. Cloud), Marilyn Anderson -Ms. Anderson reminded Council about the workshop for elected city officials, one being April 23, 1998, in St. Paul and one April 29, 1998, in St. Cloud. She asked anyone who wished to attend to let her know so she can make the proper reservations. Mayor Sullivan reminded the group about the League of Minnesota Cities conference in June and also asked anyone who wished to attend to let Ms. Anderson know as soon as possible. Consideration of Minutes, March 16, 1998 Work Session (Council Member Lyden was Absent) - Council Member Neal moved to approve the March 16, 1998 minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of Minutes, March 23, 1998 (Council Member Dahl was absent) - Council Member Bergeson moved to approve the March 23, 1998 minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl abstaining. COUNCIL MINUTES April 13, 1998 Consideration of March 18, 1998 Work Session - Mayor Sullivan asked the minutes be corrected to read that Council did support the hiring of a part-time maintenance worker and that the matter does not need to come back to Council. Council Member Bergeson moved to approve the March 18, 1998 Work Session minutes with noted changes. Council Member Lyden seconded the motion. Motion carried unanimously. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 9:54 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. f Marifyn Anderson, Clerk -Treasurer Kimberly A. ullivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 22 • • • Earth Day Resolution City of Lino Lakes 1998 We, the residents of the City of Lino Lakes, do hereby support and celebrate Earth Day 1998 in the communities of the Quad Cities, Whereas, the protection and preservation of the environment benefits all people, Whereas, the proper conservation of natural resources ensures the health and happiness of generations to come, Whereas, living a sustainable lifestyle helps maintain species diversity in all Kingdoms of Life: Plants, Fungi, Bacteria, Animals, and Protoctista, Whereas clean air, pure water, and rich soil are necessary for continuing life systems, Whereas, celebrating community promotes a safe, productive and vibrant community, Whereas, Earth Day is celebrated nationally on April 22nd, Let it therefore be resolved that Saturday, April 25th, 1998 be designated Quad Cities Earth Day 1998 for the Cities of Lino Lakes, - exington, Circle Pines and Centerville. AIL r S uncil cil Member uncil Member Couiritlem er Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 98-43 RESOLUTION APPROVING PAYMENT 10 (final) and CHANGE ORDER NO.'S 1, 2, 3 and 4 - TRAPPER'S CROSSING STREET AND UTILITY PROJECT WHEREAS, the construction of the Trapper's Crossing Street and Utility Project has been completed by Schield Construction, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of $5,940.00 is approved. 2. Change Order No. 2 in the amount of $5,187.40 is approved. 3. Change Order No. 3 in the amount of $1,800.00 is approved. 4. Change Order No. 4 in the amount of $8,927.78 is approved. 5. Payment number 10 (final) in the amount of $10,951.80 is approved for a total contract amount of $709,087.80. Adopted by the City Council this 13th da o / .r*I, 1 s• Ki Sullivan, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Sullivan. • • The following voted against same: Council Member Neal, Council Member Lyden abstained. Whereupon said resolution was declared passed and adopted. • • Council Member Bergeson adoption: introduced the following resolution and moved its • CITY OF LINO LAKES RESOLUTION NO. 98 - 47 PARK NAMING POLICY WHEREAS, currently the City does not have a policy for naming parks, and WHEREAS, the Parks and Recreation Board have recommended that the City Council adopt a policy for naming parks that are dedicated to the City when a new plat is approved, and WHEREAS, the City Council wishes to implement the following policy as the Parks and Recreation Board have recommended: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. A policy for naming City parks be adopted. 2. The criteria for naming new parks is as follows: NEW PARKS The Park Board will name a new park following preliminary plat approval when a park area is indicated on the plat. Criteria for Naming Parks: 1. Significant or unique characteristic of the park. 2. Historical features relating to the parcel. 3. According to name of adjacent housing development (s). 4. According to location or street name. 5. Names of a community service organization. 6. Names that represent quality of life in Lino Lakes. RESOLUTION NO. 98 - 47 Page -2- 7. Environmental names which may represent the name of animals or trees in the area. Only under significant circumstances will consideration be given to naming parks after individuals and/or organized groups, associations, or businesses. To be considered, the individual, group, association or business, must have made a significant and exceptional contribution to the park involved or the community as a whole. Such contributions should be for recreational purposes. In addition, recognition plaques, memorial plaques, or dedications, may be placed throughout the park system at the discretion of the Parks and Recreation Director with the recommendation of the Park Board. EXISTING PARKS All existing parks will be officially named as to what they have been regularly referred to: Arena Acres Behm's Century Farm Birch Park Birchwood Acres Brandywood City Hall Clearwater Creek Country Lakes LaMotte Park Lino Marshan RENAMING PARKS Pheasant Hills Quail Ridge Rice Lake Estates Shenandoah South Reshanau Lake Estates Sunrise Sunset Oaks Wenzel Farms Woods of Baldwin Lake Wollan Park If a group of individuals are interested in renaming their neighborhood park, the following procedure will be required: 1. Obtain at least 50% of signatures from at least one adult homeowner from each residence within the designated service area as determined by the Parks and Recreation Director (generally 1/2 mile radius). 2. The suggested new name and the rationale for changing must appear on the petition. The petition will be submitted to the Park Board for consideration. • • • • RESOLUTION NO. 98 - 47 Page -3- 3. The Park Board will make the recommendation, (if any), to the City Council for final approval. Criteria for Renaming Parks: 1. Significant or unique characteristic of the park. 2. Historical features relating to parcel. 3. According to name of adjacent housing development(s). 4. According to location or street name. 5. Names of a community service organization. 6. Names that represent quality of life in Lino Lakes. 7. Environmental names which may represent the name of animals or trees in the area. Adopted by the Lino Lakes City Council this 13th d of April, 1998. `fig z. _ Marilyn 0/Anderson, Clerk -Treasurer Sullivan The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 - 48 RESOLUTION ACCEPTING BIDS - WARE ROAD, STREET AND UTILITY CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Ware Road, Street and Utility Construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount S. R. Weidema, Inc. Richard Knutson Arnt Construction Barbarossa & Sons Northdale Construction $ 1,420,498.13 $ 1,447,207.84 $ 1,471,754.55 $ 1,511,672.64 $ 1,511,933.56 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The bids received on April 7, 1998 for the Ware Road Street and Utility Construction project are hereby accepted. Adopted by the Lino Lakes City Council this 13th day of pril, 1998. Marilyn G. Anderson, Clerk -Treasurer rly A. Sullivan, Mayor • • • • • • RESOLUTION NO. 98 48 Page -2- 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 favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan 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 April 13. Ma'ilyn G. Anderson, Clerk -Treasurer Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 - 49 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - TOWN CENTER PARKWAY, PHASE TWO, STREET AND UTILITY CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Town Center Parkway, Phase 2, Street and Utility Construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount S. R. Weidema, Inc. W. B. Miller Ryan Contracting Northdale Construction Kadlec Excavating Kober Excavating Penn Contracting $ 229,592.00 $ 239,041.95 $ 245,057.10 $ 255,664.24 $ 266,742.53 $ 271,027.14 $ 286,908.00 AND WHEREAS, it appears that S. R Weidema, Inc. is the lowest responsible bidder; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with S. R. Weidema, Inc., 17600 113th Avenue North, Maple Grove, Minnesota 55369, in the name of the City of Lino Lakes for the construction of the Town Center Parkway, Phase 2, Street and Utility Construction according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. • • • RESOLUTION NO. 98 - 49 Page -2- 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council thi 13th day ► A pril, 1998. imb rly A. Sullivan, Mayor "644 arilyri G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 April 13. `—N1�rilyn G. Anderson, dL„,, Clerk -Treasurer • Council Member Lyden introduced the following resoluton and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 50 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 project: Lakes Addition Street Reconstruction Project, 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 heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. • • • Resolution No. 98 - 50 Page 2 c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the 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 reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Resolution No. 98 - 50 Page 3 Adopted by the City Council this 13th day of April, 1998. . C.C41-&G-4-4147c./ Marilyn Ci. Anderson Clerk -Treasurer Ki Sullivan, 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, Dahl, Lyden, Neal, Sullivan. The following voted against same: none . Whereupon said resolution was declared passed and adopted. • • • • • Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 - 51 RESOLUTION ESTABLISHING POLICY ON UTILITY RATES FOR PROPERTIES OUTSIDE OF CITY BOUNDARIES WHEREAS, the Lino Lakes utility system may provide utility service to properties outside of the corporate boundaries of the City of Lino Lakes, AND WHEREAS, a policy establishing procedures and charges for such requests by property owners is necessary; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of the city the subject property is located shall pass a resolution stating that the property can connect to the City of Lino Lakes utilities. The resolution shall state that any delinquent utility bills shall be paid by the city of the subject property. 2. The City of Lino Lakes shall bill the property owner directly. 3. All maintenance of the utility service shall be the property owners starting at the point of connection to the utility main. 4. There shall be a 10 percent premium above all current connection charges and rates incurred according to the Lino Lakes code, as determined by City Council motion. 5. There shall be a 10 percent premium above all ongoing use charges according to Lino Lakes code, as determined by City Council motion. 6. Any connection to the Lino Lakes system shall be subject to a review by the Lino Lakes Public Works Director of the projected water use for the proposed connection site. The Lino Lakes Public Works Director shall find that adequate capacity and/or pressure is available within the Lino Lakes system or the connection shall not be considered. Resolution No. 98-51 Page 2 Adopted by the Lino Lakes City Council this 13'x, day of Ap MeiL afilyn G. Anderson, Clerk -Treasurer Kim rly A. 1998. ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. • • • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 52 RESOLUTION ABATING 1998 INSTALLMENT AND ALL FUTURE YEARS INSTALLMENTS FOR SPECIAL ASSESSMENT FUND NO. 82732 AND 82733 FOR PIN. 24-31-22-41-0001 WHEREAS, an assessment was certified to the above described parcel for 1998, and WHEREAS, it has come to the attention of staff that the landowner had signed a petition against these assessments as outlined by the Lino Lakes City Charter, and WHEREAS, the City Council has met and has considered the request to abate the 1998 installment of these particular assessments and all future years installments until such time as the land is approved for development, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Minnesota, as follows: The 1998 installment and all future years installments for Special Assessment Fund No. 82732 and 82733 on property described as PIN. 24-31-22-41-0001 are hereby abated. Adopted by the Lino Lakes City Counc1 Marlyn G. 3t April, 1998. ffl— b. derson, Clerk-Treasurer Su Ivan 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, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Neal its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 - 53 RESOLUTION APPROVING WETLAND BANKING CREDIT PURCHASE AGREEMENT WHEREAS, the City of Lino Lakes is responsible for replacing wetlands impacted by the Highway 49 and Highway 23 Intersection Project, AND WHEREAS, the Wetland Conservation Act sets certain rules related impacts to wetlands, AND WHEREAS, the regulatory unit responsible for administering the Wetland Conservation Act is the Rice Creek Watershed District, AND WHEREAS, the City of Lino Lakes intends to purchase wetland banking credits to fulfill its responsibility to replace impacted wetlands from the Highway 49 and Highway 23 Intersection Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Mr. Bob Walls for the purchase of wetland banking credits. Adopted by the Lino Lakes City Council thi 13th day of Apr 1998. � �✓ '-J Marilyn G. Anderson, Clerk -Treasurer ullivan, 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 favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. • •