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HomeMy WebLinkAbout04/27/1998 Council Minutes• • • COUNCIL MINUTES April 27, 1998 CITY OF LINO LAKES MINUTES DATE : April 27, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 7:35 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, and Neal MEMBERS ABSENT: : Mayor Sullivan Due to Mayor Sullivan's absence, Council Member Lyden chaired the meeting as Acting Mayor. Staff members present: Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Environmental and Forestry Coordinator, Marty Asleson; Community Development Coordinator, Mary Alice Divine; and City Clerk, Marilyn Anderson. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: March 30, 1998 Approved April 13, 1998 Approved DISBURSEMENTS: April 27, 1998 (Checks No. 50546 - 50642, $180,253.02) Approved Centennial Fire District (April 22, 1998) Approved Acting Mayor Lyden reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE COUNCIL MINUTES April 27, 1998 No one appeared under open mike. PUBLIC HEARING, CONSIDERATION OF A PROPOSAL FOR THE CITY OF LINO LAKES TO ISSUE VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, BRIAN WESSEL Mr. Wessel stated that Mary Alice Divine, Community Development Coordinator, would answer any questions regarding this issue. Acting Mayor Lyden opened the public hearing at 6:35 p.m. Ms. Divine explained that there had been a change of plans. The public hearing was for the project itself and she would return at a later date with Resolution No. 98 - 56, when all the financing for the bonds was in order. Council Member Bergeson asked if there was any reason to continue the public hearing. Ms. Divine indicated that by law the City was obligated to hold the public hearing and there was no reason to hold it open. Council Member Bergeson moved to close the public hearing at 6:45 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Consideration of Resolution No. 98 - 61, MUSA Designation for Molin Concrete (4/5th vote) - Ms. Wyland explained that Molin Concrete is requesting MUSA designation to allow their facility to be connected to the City sewer which will soon be installed in front of their facility on Lilac Street (the project has been ordered by the City Council). The Planning and Zoning Board recently approved an amended Conditional Use Permit and Site Plan Review for Molin Concrete to allow expansion of the use. The property consists of 54 acres and is zoned General Industrial and Light Industrial and indicated as Industrial on the current and proposed land use plans. The property directly south of Lilac Street is also zoned General Industrial but is located within the MUSA boundary. These properties have requested the extension of sewer and water down Lilac to serve their businesses. Molin Concrete is also interested in the utilities, especially in light of their expansion efforts. Ms. Wyland explained that she believes the Molin site would have been added to the MUSA upon completion of the City's overall Comprehensive Plan, however, that does not coincide with Molin's construction schedule. Ms. Wyland continued stating that Staff has discussed the Comprehensive Plan Amendment with the Metropolitan Council and have been advised that they would look 2 • • COUNCIL MINUTES April 27, 1998 favorably upon the request. Staff believes this additional MUSA designation would come directly from the Metropolitan Council and not be taken from the existing Interim MUSA Reserve. It appears as if it would be in the best interest of both the applicant and the City to have this facility connected to City utilities, therefore, Staff is recommending approval of the Comprehensive Plan Amendment. Ms. Wyland advised that the Planning and Zoning Board held a public hearing on April 8, 1998, to review this item and recommended approval. Council Member Bergeson asked if the 54 acres was all one parcel. Ms. Wyland stated that it would be connected to the two parcels that Molin uses, and would be based on allocation of use. Council Member Bergeson moved to adopt Resolution No. 98 - 61, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution 98 - 61 can be found at the end of these minutes. Consideration of Resolution No. 98 - 62, MUSA Designation for James and Tracy Douglas (4/5th vote) - Ms. Wyland explained that Mr. and Mrs. Douglas own approximately seven (7) acres on the north side of Lilac Street, just west of the proposed Apollo Drive extension. Their current septic system is failing and City sewer is in front of their property at Lilac and Apollo Drive. The Douglas' would like to connect their existing home to City sewer. Ms. Wyland continued stating that the property is currently zoned Rural and is outside the MUSA boundary. The site is indicated as single family residential on the City's current Land Use Plan. The proposed Land Use Plan for the area indicated this site as General Commercial and Light Industrial. Construction of a new on-site system in this location when City sewer is available does not seem reasonable. Ms. Wyland indicated that Staff has reviewed this request and would recommend the addition of this area to the MUSA to facilitate the connection of the existing single family home. Staff has discussed the proposed MUSA Amendment with the Metropolitan Council and have been encouraged to proceed with the Amendment on an emergency basis. This Amendment would serve only the existing homestead. Ms. Wyland advised that the Planning and Zoning Board held a public hearing on April 8, 1998, and recommended approval of this request. • Council Member Bergeson moved to adopt Resolution No. 98 - 62. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES April 27, 1998 Resolution No. 98 - 62 can be found at the end of these minutes. Site Plan Review, Rice Lake Convenant Church, 125 Ash Street - Ms. Wyland explained that Rice Creek Covenant Church is located at 125 Ash Street (County Road J), just west of Woodridge Drive. The Church has purchased a garage from the old Arsenal site in Arden Hills and would like to move it on to their property for storage purposes. The garage would be located just north of the existing building, within the setback requirements of the Zoning District. The Church property is Zoned R -1X Single Family Executive, and churches are allowed by Conditional Use Permit. According to the Zoning Ordinance, the proposed garage would be considered a permitted accessory use, "incidental and customary to the uses permitted...", and the moving in of a building would require a Site Plan Review. The subject property is indicated as Single Family Residential on the current and proposed Land Use Map. Ms. Wyland stated that she and the Building Official have inspected the garage to be relocated at the Church site and found it to be structurally sound and in good repair. The building is a 20 x 20 two (2) door garage with side windows and 8" masonite siding. The intention is to paint the building to match the existing Church. Staff recommends approval with the following conditions: 1. Proper building permits are obtained and the structure is located according to UBC Standards. 2. The building be painted to match the existing Church structure. 3. The building be secured as recommended by the CPTED Officer. 4. The general drainage plan for the site be maintained and subject to the review of the City Engineer. Ms. Wyland advised that the Planning and Zoning Board reviewed this item at their April 8, 1998, meeting and recommended approval with the conditions listed above. Council Member Neal asked if the garage would be put on a foundation. Ms. Wyland explained that a building permit and building inspections will be required. Therefore, it would be put on a foundation and all other criteria required for a building permit would be required. Council Member Bergeson moved to approve the Rice Creek Covenant Church, 125 Ash Street, Site Plan Review as presented. Council Member Neal seconded the motion. Motion carried unanimously. 4 • • • COUNCIL MINUTES April 27, 1998 Interim Use Permit to Allow Nine (9) Advertising Signs on the West Side of I -35E Between Main Street and 80th Street -Ms. Wyland stated that Universal Outdoor, Inc. is requesting approval of nine (9) Interim Use Permits for off -premise advertising signs (billboards) along I -35E. The area in question is zoned R -BR, Rural Business Reserve, which allows advertising signs by Interim Use Permit. Ms. Wyland said that the applicant has submitted signed land leases with the property owners, site plans, site location map, and detailed construction drawings for the proposed signs. Ms. Wyland explained that advertising signs are allowed as interim uses within the R -BR Zoning District. Staff review reveals that Universal Outdoor Inc. has substantially complied with the City regulations governing advertising signage. Based on this review, Staff is recommending the nine (9) interim use permits for advertising signage be approved with the following conditions: 1. Applicant identify the homes nearest to the proposed sign sites and demonstrate compliance with the 750 foot setback. 2. Applicant demonstrates that sign No. 1 meets the 1,200 foot setback requirements from the adjoining GB District. 3. A separate Interim Use Permit for each affected property be required. The permit shall state that the signs shall be removed if the site is rezoned or redeveloped to add another principal use. Sign removal shall be the responsibility of the property owner and the applicant. Both the property owner and the applicant shall sign the approved Interim Use Permit. 4. In light of the anticipated land use planning along I -35E, staff is asking the applicant to reconsider the location and construction of Signs 1 and 2. 5. Sign construction plans be subject to review and approval of the City Building Official. 6. Applicant provide the City with copies of approved off -premise Advertising Device Permits from MnDOT. Ms. Wyland advised that the Planning and Zoning Board held a public hearing to review this request and recommended approval with the conditions outlined above. She also noted that the applicant was present if the Council had any questions. Council Member Neal asked what the lease period would be for the signs. Ms. Wyland said that there is not a specified lease time. The City will require Universal to take down the signs when the area is rezoned or when development occurs. She explained that the signs must be removed within sixty days of notification from the City. COUNCIL MINUTES April 27, 1998 Acting Mayor Lyden stated that the zoning could be changed as early as the end of this year. Ms. Wyland indicated that there would be no changes in the zoning for quite some time. Chris McCarver, a representative from Universal, Inc., came forward to ask Council for approval, stating that they had complied with a number of requirements that were in addition to the established Ordinance. He also verified that they would remove the signs within 60 days upon notification from the City. Council Member Neal asked if the 60 day specification was in the contract. Ms. Wyland indicated that it was. Council Member Dahl asked when the permits would expire. Ms. Wyland stated that the permits would be good until the City made a change in the zoning or development. Council Member Neal asked how often the rent for the property is paid. Ms. Wyland explained that the issue of rent was determined by the property owner and the sign company, noting the signs could be there from one to 10 years. Mr. McCarver stated that leases are renewed annually. Council Member Bergeson asked how long is the contract. Mr. McCarver stated that typically leases are for a 15 year period. Council Member Bergeson said that it was very likely that rezoning or development would occur in the fifteen year period, which would require removal of the signs. Mr. McCarver stated that Ms. Wyland had informed the company of that and they are completely prepared to remove the signs as soon as that does occur. Mr. Hawkins indicated there were no legal issues to address in regard to the removal of the signs before the fifteen year lease expired. Council Member Dahl asked how often the signs would be changed and what their maintenance policy was. Mr. McCarver explained that the signs were made out of vinyl, which is more durable than paper. He also stated that using vinyl added a safety benefit that paper did not. The signs could be changed anywhere from two months to a year, depending of the length of the contract. Council Member Dahl emphasized the need to keep the signs neat and attractive. Ms. Wyland explained that a maintenance policy had been determined and was outlined in the contract with the City. 6 • • • COUNCIL MINUTES April 27, 1998 Council Member Neal moved to approve the Interim Use Permit, to allow nine (9) Advertising Signs on the West Side of I -35E, between Main Street and 80th Street. Council Member Dahl seconded the motion. Motion carried unanimously. Mr. McCarver explained that the next step was to get a permit from MnDOT. When that was completed, he would return to the City to obtain the Interim Use Permits. Comprehensive Plan Update - Mr. Wessel informed the Council the next meeting would be Thursday, May 21, 1998, at 6:00 p.m., in the work session format. The meeting would involve the summarization of the neighborhoods and districts which will be forwarded to the Council this fall. ENVIRONMENTAL AND FORESTRY DEPARTMENT, MARTY ASLESON Consideration of the SECOND 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 on March 27, 1998, the City Council approved the FIRST READING of this Ordinance Amendment. The Ordinance Amendment removed the duties now assigned to the Environmental Board. Mr. Asleson stated that there have been no changes, additions, or corrections to the Ordinance since the FIRST READING. Mr. Asleson asked the Council to approve a motion adopting the SECOND READING of Ordinance No. 03 - 98. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 03 - 98, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 03 - 98 can be found at the end of these minutes. Consideration of the SECOND READING of Ordinance No. 04 - 98, Creation of the Environmental Board, Chapter 22, Subdivision 217 - Mr. Asleson explained that on March 27, 1998, the City Council approved the FIRST READING of this Ordinance creating the Environmental Board. There have been no changes, additions, or corrections to the Ordinance since the FIRST READING. Mr. Asleson asked the Council to approve a motion adopting the SECOND READING of Ordinance No. 04 - 98. Council Member Neal moved to adopt the SECOND READING of 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 27, 1998 Consideration of Arbor Day Proclamation - Mr. Asleson explained that Arbor Day is traditionally set aside for the last Friday of April. The City has for the last several years worked cooperatively with Lino Lakes Elementary in hosting an official Arbor Day Celebration. This year the celebration will be at Lino Lakes Elementary on Friday, May 8, 1998. The Proclamation establishes this date as Arbor Day Lino Lakes, and recognizes the official day one week earlier. Mr. Asleson asked the Council to establish Friday, May 8, 1998, as Lino Lakes Arbor Day. Council Member Neal moved to approve the Arbor Day Proclamation, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. City of Lino Lakes Arbor Day Proclamation, 1998, can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 55, Award 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 award the construction contract. Mr. Ahrens stated that 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 $1,420,498.13 $1,447,107.84 $1,471,754.55 $1,511,672.64 $1,511,933.56 Engineer's Estimate $1,485,390.70 Mr. Ahrens noted the bid by S. R. Weidema, Inc. is approximately 5% below the engineer's estimate. He stated 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 the project is as follows: Council Authorizes Ad for Bids Bid Opening Council Accepts Bids Council Awards Bid Construction Begins 8 February 23, 1998 April 3, 1998 April 13, 1998 April 27, 1998 May 15, 1998 • • COUNCIL MINUTES April 27, 1998 Substantial Completion September 30, 1998 Wear Course and Striping October 15, 1998 Staff recommended that Resolution No. 98 - 55 be adopted. Council Member Bergeson asked if the project extended all the way to Ash Street. Mr. Ahrens indicated that it did. Acting Mayor Lyden asked if the project included a trail. Mr. Ahrens said that it did and the project was consistent with the timetable for the trail construction. Council Member Bergeson moved to adopt Resolution No. 98 - 55, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 55 can be found at the end of these minutes. Consideration of Resolution No. 98 - 57, Accept Bids and Award Construction Contract, Lakes Addition Street Reconstruction Project - Mr. Ahrens stated that sealed bids were received and opened on Tuesday, April 21, 1998, for the Lakes Addition, Street Reconstruction project. City Council action is required to award a construction contract to the lowest responsible bidder. Council approved the plans and specifications for this project on March 23, 1998. On April 21, 1998, four (4) sealed bids were received and opened with the following results: Arnt Construction Co., Inc. Dresel Contracting Inc. Forest Lake Contracting S. R. Weidema, Inc. $1,492.683.42 $1,787.810.00 $1,972,976.20 $2,023,012.60 SEH (Engineer's Estimate) $1,702,653.00 The bids were tabulated and no errors were found. The four (4) bids submitted represent a competitive bidding environment that typically exists at this time of year. The low bid by Arnt Construction, Inc., was withdrawn due to an error. The second low bid by Dresel Contracting Include, is approximately 5 percent above the latest Engineer's Estimate. Mr. Ahrens stated that the City's Consulting Engineer, Short Elliott Hendrickson Inc. (SEH), recommended the award of the construction contract to Dresel Contracting Inc. Council Member Bergeson moved to adopt Resolution No. 98 - 57, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 57 can be found at the end of these minutes. COUNCIL MINUTES April 27, 1998 Consideration of Resolution No. 98 - 58, Accept Bids and Award Construction Contract, Lilac Street Trunk Utility Project - Mr. Ahrens stated that this project involves the extension of trunk sanitary sewer and watermain improvements to serve Behm's Century Farms 4th, 5th, and 6th Additions. The project has been separated into phases such that the trunk utility improvements can be more closely coordinated with the residential subdivision development. The first phase of the project is located on the north side of Lilac Street from Appaloosa Lane to Mustang Lane (Laurie Lane); and on Mustang Lane (Laurie Avenue), from Lilac Street to 1,100 feet north of Lilac Street. Mr. Ahrens indicated that on March 23, 1998, the City Council approved the plans and specifications and ordered the advertisement for bids. Thirteen (13) contractors submitted bids for the project. The bids were opened on April 22, 1998, at City Hall, at 10:00 a.m. All the bids received were below the Engineer's estimate, with S. R. Weidema, Inc. having the lowest bid. The Engineer's estimate reflected an expectation that the contract prices would rise due to the limited working space on Lilac Street and the construction time frame of about one month. The following bids were received on March 17, 1998: S. R. Weidema, Inc. C. W. Houle, Inc. Dave Perkins Contracting, Inc. Northdale Construction Company Kober Excavating, Inc. Ryan Contracting, Inc. Barbarossa & Sons, Inc. Richard Knutson, Inc. Brown & Chris, Inc. Bonine Excavating, Inc. Widmer, Inc. Volk Sewer & Water, Inc. Arcon Construction Co. $232,768.70 $244,996.00 $250,017.00 $250,903.17 $264,323.56 $276,337.40 $277,914.20 $282,068.25 $284,846.45 $286,474.45 $287,554.34 $304,228.77 $342,240.26 Engineer's Estimate of Probable Construction Cost $348,523.20 Staff recommended that a contract be awarded to the low bidder, S. R. Weidema, Inc. Council Member Neal questioned the bid from S. R. Weidema, Inc., stating that they were approximately $16,000 lower than the Engineer's estimate. The company could add a change order for that amount and they would lose that money. Mr. Ahrens explained that they look at each change order individually and he highly doubted a change order would be added for such a high amount. 10 • • • COUNCIL MINUTES April 27, 1998 Council Member Neal stated that a very large change order was added to a project several weeks ago. He asked if Council could approve this resolution with the condition of no change orders. Mr. Ahrens indicated that change orders were something the City had to contend with. Acting Mayor Lyden stated that Mr. Ahrens had spoken to the contractors about keeping change orders to a minimum. Mr. Ahrens explained that the Engineer's estimate was just an estimate. The important aspect regarding the bids is the fact that all of them are fairly close. He believed it was more of a problem when the bids contained a large range of estimates. Council Member Bergeson moved to adopt Resolution No. 98 - 58, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 58 can be found at the end of these minutes. Consideration of Resolution No. 98 - 59, Approve Plans and Specifications and Order Advertisement for Bids, 1998 Sealcoat Project - Mr. Ahrens stated that each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface. Candidate streets include new streets that received the wear course 2-3 years ago and all other streets are done on a 5-7 year cycle. This year, approximately 7 miles of streets will be sealcoated at an estimated cost of $75,000. The 1998 budget includes $58,850 for sealcoating. It is proposed to fund the difference between the budget amount and the final bid amount from the City's Sealcoat fund that has a balance of approximately $300,000. City Staff prepared the plans and specifications for this work and are requesting Council approval to advertise for bids. Council Member Bergeson asked who estimated the cost at $75,000. Mr. Ahrens stated that he estimated the expense of the sealcoating. Council Member Neal moved to adopt Resolution No. 98 - 59, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 59 can be found at the end of these minutes. Consideration of Resolution No. 98 - 60, Approve Plans and Specifications and Order Advertisement for Bids, West Shadow Lake Drive Culvert Replacement Project - Mr. Ahrens stated that the City is proposing the replacement of the culvert under West Shadow Lake Drive. Council action is required to order the advertisement to receive bids. COUNCIL MINUTES April 27, 1998 Mr. Ahrens explained the existing corrugated metal culvert under West Shadow Lake Drive is deteriorating and causing problems with the road surface. The City has made several repairs of the road surface. A decision was made to replace the culvert with a concrete arch pipe. The West Shadow Lake Drive culvert replacement project is scheduled as follows: Advertise to Receive Bids Receive Bids Award Contract Preconstruction Meeting Construction Begins Estimated Construction Completion April 28, 1998 May 20, 1998 May 26, 1998 June 1, 1998 June 3, 1998 June 30, 1998 Mr. Ahrens added that the City will pay for the project using Surface Water Management Funds. Staff recommends that Resolution No. 98 - 60 be adopted. Mr. Ahrens noted that the City would be giving advance notice to every resident in the affected area about the project. Council Member Neal stated that the area of the repairs could be very dangerous at night. Mr. Ahrens indicated flashers would warn people. Council Member Neal asked about the possibility of rain interrupting the repairs. Mr. Ahrens indicated they hoped to have the street opened up for public use by 6:00 p.m. the same day. Council Member Bergeson asked for an estimate on the cost of the project. Mr. Ahrens guessed the repairs to cost approximately $25,000 - $50,000. Acting Mayor Lyden asked how Staff would make the public aware of the construction. Mr. Ahrens stated the public would be informed on two (2) separate occasions. The first being right after the construction meeting with the contractor. The second notice would be a couple days before construction started. Council Member Bergeson asked how the project would affect the school buses, as they use the street as a turnaround. Mr. Ahrens explained they have not yet addressed that issue. It is possible the construction will not start until after the school year is completed. Council Member Neal moved to adopt Resolution No. 98 - 60, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 60 can be found at the end of these minutes. 12 • • COUNCIL MINUTES April 27, 1998 Consideration of Resolution No. 98 - 63, Declaration of Intent to Bond, Lilac Street Trunk Utility 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 the Resolution declaring the City's intent to finance the Lilac Street Trunk Utility Project with bonds. This is a non-binding declaration that must be done in order to finance projects in this manner. Mr. Ahrens referred to Exhibit A of the Resolution, which notes the amount to be bonded and is consistent with the amount of the referendum. If the Resolution is not adopted, the City will be required to find alternate methods to finance the project. Staff recommended that Resolution No. 98 - 63 be adopted. Council Member Bergeson moved to adopt Resolution No. 98 - 63, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 63 can be found at the end of these minutes. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of Accepting the Resignation of CSO, Jeanie Kenow - Chief Pecchia informed the Council that CSO Jeanie Kenow has submitted her letter of resignation as a member of the Police Department effective April 24, 1998. He also stated that Staff wishes Ms. Kenow the best of luck with her future endeavors. Staff recommends Council accept Ms. Kenow's letter of resignation. Acting Mayor Lyden stated that he was very sorry to see Ms. Kenow leave the City. He wished her and her family well. Council Member Neal moved to accept the resignation of CSO, Jeanie Kenow. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 54, Accepting Contribution from Minnesota D.A.R.E - Chief Pecchia explained that commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E Program will become totally funded through donations from the community. Minnesota's D.A.R.E. Inc., is aware of this goal and has donated $2,000.00 toward the cost of administering the program in the local elementary schools in 1998. Chief Pecchia noted that they have begun to implement this program in the middle schools as well. The COUNCIL MINUTES April 27, 1998 purpose of Resolution No. 98 - 54, is to publicly thank Minnesota D.A.R.E. Inc., for their generous donation. Staff recommends Council adopt Resolution No. 98 - 54, accepting the donation. Council Member Bergeson moved to adopt Resolution No. 98 - 54, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 54 can be found at the end of these minutes OLD BUSINESS - None COMMUNITY CALENDAR FOR APRIL 27 - MAY 11, 1998 Park Board Meeting, Monday, May 4, 1998, 6:30 p.m. Council Work Session, Wednesday, May 6, 1998, 6:30 p.m. Economic Development Advisory Committee, Thursday, May 7, 1998, 7:00 a.m. Arbor Day, Friday May 8, 1998, 2:00 p.m., Lino Elementary School Focus Committee, Environmental Management Plan, Thursday, May 14, 1998, 6:30 p.m. (tentative) NEW BUSINESS Consideration of a Request to Renew Gambling License for Centennial Fire District, Marilyn Anderson - Ms. Anderson explained that a gambling license was issued to the Centennial Fire Relief Association to conduct lawful gambling at Miller's on Main beginning June 1, 1995, and they have requested that their gambling license be renewed. The Centennial Fire Relief Association has been conducting lawful gambling in the City since the lawful gambling laws were enacted. Since the Centennial Fire District serves three (3) communities (Lino Lakes, Centerville, Circle Pines), proceeds from their gambling activities support many activities in all three (3) communities. Specifically, during the past year, the Centennial Fire Relief Association gambling proceeds have supported the school patrol programs and the drug free programs at all three (3) schools located in Lino Lakes, several Boy Scout Troops, the annual Safety Camp, Friends of the Parks Foundation, senior high school parties at both Centennial and Forest Lake High School and several residents in need. Ms. Anderson pointed out that all proceeds from lawful gambling conducted by the Centennial Fire Relief Association are returned to the community. The Centennial Fire 14 • • • COUNCIL MINUTES April 27, 1998 Relief Association has complied with all the regulations of the Lino Lakes Gambling Ordinance. Ms. Anderson asked Council to approve the renewal of the gambling license. Council Member Neal moved to approve the renewal of the Gambling License for Centennial Fire Relief Association, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Acting Mayor Lyden pointed out that on Saturday, April 25, 1998, Lino Lakes celebrated Earth Day. He thanked everyone involved and believed it was a great success. Acting Mayor Lyden also pointed out that on Sunday, April 26, 1998, the dedication of the new Centennial Middle School took place. He congratulated everyone who helped in making the new school a reality. He continued stating that the building is quite impressive. He hopes that it will be an inspiration to the children of Lino Lakes. Acting Mayor Lyden noted that it was Mayor Sullivan's birthday. ADJOURN There being no further business, Council Member Neal moved to adjourn at 7:35 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Marilyn ' nderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Chris Lyden, Acting 15 or City of Lino Lakes Arbor Day Proclamation 1998 Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and Whereas, trees reduce the erosion of our precious top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and Whereas, the City of Lino Lakes has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree - planting practices Whereas, each year Lino Lakes Elementary of the Forest Lake School District has fostered an understanding of the benefits of trees with its students, and hosted cooperatively with the City of Lino Lakes a fine Arbor Day Ceremony inviting all residents to attend, • • • s s s ARBOR DAY PROCLAMATION PAGE -2- NOW THEREFORE, I, Kimberly A. Sullivan, Mayor of the City of Lino Lakes, do hereby proclaim Friday, May 8th as ARBOR DAY, in the City of Lino Lakes, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations. DATED: this 27th day of April, 1998 MAYOR: Mayor Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE 03-98 AN ORDINANCE AMENDING CHAPTER 200 OF THE CITY CODE; PARKS, RECREATION AND ENVIRONMENTAL COMMISSION The City Council of the City of Lino Lakes hereby ordains as follows: The City Code of the City of Lino Lakes, Chapter 200, Subdivision 211 is hereby repealed and replaced as follows: 211. Parks and Recreation Board 211.01 Purpose. The purpose of this chapter is to provide aid and advice to the Council in its efforts to encourage productive and enjoyable harmony between people and their leisure needs; to stimulate the health and welfare of people; to improve and insure a lasting quality of life within the city. 211.02 Establishment. The Lino Lakes Board on Parks, and Recreation, hereinafter referred to as the Board, is hereby established. The board shall operate in accordance with Chapter and 210. Membership of the Board shall consist of seven (7) members who shall be appointed by the Mayor, with City Council approval, for three (3) year terms commencing on January 1'. Terms shall be staggered so that no more than one-half of the members' terms expire at one time. Both the original and successive appointee shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. 211.03 Duties. The Board shall: (1) Develop plans for the physical development of all present and future city parks, based on the projected recreational needs of the city and its citizens. The plans shall include a topographical lay -out of the park and all facilities, plus development cost estimates, a proposed development time schedule, and an annual operating budget. (2) Develop policies and plans for a long-range city park acquisition program. The plan shall be consistent with the city's land use • • • • (3) comprehensive land and park land dedication policy. The completed program shall include probable needed park locations, sizes and facilities plus acquisition and development cost estimates to include landscaping and equipment felt necessary and policy statement supporting the long-range plan. Develop policies concerning recreational use of city park facilities. (4) Gather information concerning the conditions and trends in the provision of quality leisure services both current and prospective, with the purpose of determining whether or not such conditions and trends are appropriate with the goals of the city. (5) Develop and recommend to the council policies to foster and promote the improvement of leisure services and meet the social, economic, health and other requirements and goals of the city. (6) Report not less than once each year to the council on the state and condition of parks and recreation in the city and on the work of the board. (7) Make and furnish such studies or reports thereon and recommendations with respect to matters of policy and legislation as the council may request. (8) Examine and make recommendations on all park sites proposed to be dedicated to the city by those proposing to plat lands within the city and those who propose to give lands to the city for parks. (9) Make recommendations on the care, maintenance and development of existing parks. (10) Act as liaison between the council and people or organization which may wish to use, care for, have recommendations for the use of parks, or donate personnel, monies or equipment for parks and recreation in the city. (11) Work with the county on development of county park space within the city and county. (12) Review engineering and site plans for city improvements that may in any way change the characteristics of any city park or proposed park land. 211.04 Appointment and Compensation of Members The Board shall consist of seven (7) members and they shall be appointed by a majority of the Council and shall receive a quarterly salary of $150.00 ($50.00 per meeting) with the chair of the Board to receive $225.00 per quarter ($75.00 per meeting) consistent with the mayor/council relationship. (Amended by Ordinance No. 01 - 91 passed April 9, 1991, Ordinance No. 04-92 passed February 10, 1992 and Ordinance No. 93-21 passed October 25, 1993) This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes, this 27tbday of April , 1998. ATTEST: Q Ju-Eit) " b Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said ordinance was declared duly passed and adopted. • • • • Council Member Neal adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 04-98 AN ORDINANCE ESTABLISHING THE ENVIRONMENTAL BOARD, CHAPTER 217 OF THE LINO LAKES CITY CODE The City Council of the City of Lino Lakes hereby ordains as follows: Chapter 217, Environmental Board is hereby established as follows: 217. Environmental Board 217.01 Purpose. The purpose of this chapter is to provide aid and advice to the council in its efforts to encourage productive and enjoyable harmony between people and their environment; to promote efforts which will prevent or eliminate damage to the environment and stimulate the health and welfare of people; to enrich the understanding of the ecological systems and natural resources important to the city; to advise the City in the use and management of its natural resources in order to preserve and enhance the environmental amenities for present and future residents, and to improve and insure a lasting quality of life within the city. 217.02 Establishment. The Lino Lakes Board on Environment, hereinafter referred to as the Board, is hereby established. The Board shall operate in accordance with Chapter 210. Membership of the Environmental Board shall consist of seven (7) members who shall be appointed by the Mayor with City Council approval, for three (3) year terms commencing on January 1st. Terms shall be staggered so that no more than one-half of the members' terms expire at one time. Both the original and successive appointee shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. Page 1 217.03 Duties. The Board shall: (1) Oversee a Natural Resource inventory and management plan and create a database to be used to make land use recommendations that: 1. Preserve important natural and cultural sites. 2. Provide greenways and corridors connecting natural areas and other points of interest. 3. Preserve and enhance wildlife habitat. 4. Preserve and enhance water conveyances, water quality, and wetland habitat 5. Preserve and establish a healthy urban forest. 6. Promote bio -diversity (2) Review land use and development proposals, for compliance with the natural resource regulations, ordinances, and landscaping and forestry needs, and make recommendations for improvements and the mitigation of environmental impacts. (3) Cooperate with other municipalities, counties, state agencies and watershed groups on matters of environmental issues. (4) Provide for environmental community education programs. (5) Submit grant proposals to raise money for projects. (6) Serve as a resource to other City advisory boards. (7) Hold public meetings to address environmental issues. (8) Develop and recommend to the council policies, ordinances, and procedures for the management, of natural resources and conservation development. (9) Make recommendations on the planning, development, maintenance, and budget needs of natural, native, forest, and botanical improvement projects that are consistent with the Environmental Management Plan; and recommend a budget for materials, human resources, and equipment to provide for support of these functions. Page 2 • • • • • • (10) Make recommendations on land acquisition for greenways, and other important natural areas consistent with the Environmental Management Plan. (11) Gather information concerning the conditions and trends in the quality of the environment, both current and prospective, with the purpose of determining whether or not such conditions and trends are likely to interfere with the goals of the city. (12) Report not less than once each year to the council on the state and condition of the environment in the city, and on the work of the commission. (13) Make and furnish such studies or reports thereon, and recommendations with respect to matters of policy and legislation as the council may request. (14) Act as liaison between the council and people or organizations which may wish to develop, and care for natural areas and projects that enhance the natural character of public lands, or donate personnel, moneys or equipment for the enhancement of the city natural resources. (15) Work with the county on the management of County Park space within the city and county. (16) Make recommendations to the City Council on issues concerning solid waste and recycling. 217.04 Compensation of Members. Members shall receive a quarterly salary of $150.00 ($50.00 per meeting) with the chair of the Board to receive $225.00 per quarter ($75.00 per meeting). This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes, this 27tlalay of April , 1998. ATTEST: Page 3 Marilyn G. Anderson, Clerk -Treasurer • The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said ordinance was declared duly passed and adopted. • • Page 4 • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 54 RESOLUTION ACCEPTING DONATION FROM MINNESOTA D.A.R.E., INC. WHEREAS, the Lino Lakes Police Department began teaching the D.A.R.E. program in local elementary schools in January of 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, Minnesota D.A.R.E., Inc. was made aware of the desire for 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 $2,000.00 toward the cost of the D.A.R.E. program and wishes to express its gratitude to Minnesota D.A.R.E., Inc. for its donation. Adopted by the Lino Lakes City Council this 27th day of April, 1998. Kimber 1 A 0. � ivan, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, seconded by Council Member Dahl Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared duly passed and adopted. COUNCIL MINUTES April 27, 1998 purpose of Resolution No. 98 - 54, is to publicly thank Minnesota D.A.R.E. Inc., for their generous donation. Staff recommends Council adopt Resolution No. 98 - 54, accepting the donation. Council Member Bergeson moved to adopt Resolution No. 98 - 54, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 54 can be found at the end of these minutes OLD BUSINESS - None COMMUNITY CALENDAR FOR APRIL 27 - MAY 11, 1998 Park Board Meeting, Monday, May 4, 1998, 6:30 p.m. Council Work Session, Wednesday, May 6, 1998, 6:30 p.m. Economic Development Advisory Committee, Thursday, May 7, 1998, 7:00 a.m. Arbor Day, Friday May 8, 1998, 2:00 p.m., Lino Elementary School Focus Committee, Environmental Management Plan, Thursday, May 14, 1998, 6:30 p.m. (tentative) NEW BUSINESS Consideration of a Request to Renew Gambling License for Centennial Fire District, Marilyn Anderson - Ms. Anderson explained that a gambling license was issued to the Centennial Fire Relief Association to conduct lawful gambling at Miller's on Main beginning June 1, 1995, and they have requested that their gambling license be renewed. The Centennial Fire Relief Association has been conducting lawful gambling in the City since the lawful gambling laws were enacted. Since the Centennial Fire District serves three (3) communities (Lino Lakes, Centerville, Circle Pines), proceeds from their gambling activities support many activities in all three (3) communities. Specifically, during the past year, the Centennial Fire Relief Association gambling proceeds have supported the school patrol programs and the drug free programs at all three (3) schools located in Lino Lakes, several Boy Scout Troops, the annual Safety Camp, Friends of the Parks Foundation, senior high school parties at both Centennial and Forest Lake High School and several residents in need. Ms. Anderson pointed out that all proceeds from lawful gambling conducted by the Centennial Fire Relief Association are returned to the community. The Centennial Fire 14 • • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 - 55 RESOLUTION AWARDING A CONSTRUCTION CONTRACT - 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: 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 Ware Road 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. 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 this 27th day of April, 1998. II � f}YL Marilyn G nderson, Clerk -Treasurer 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 favorthereof: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. 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 28. Marilyn G. Anderson, Clerk -Treasurer • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-57 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - LAKES ADDITION STREET RECONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Lakes Addition Street Reconstruction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Arnt Construction Co., Inc. Dresel Contracting Inc. Forest Lake Contracting, Inc. S.R. Weidema, Inc. $1,492,683.42 (withdrew bid) $1,787,810.00 $1,972,976.00 $2,023,012.60 1111 AND WHEREAS, it appears that Dresel Contracting, 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 Dresel Contracting, Inc., 24100 July Avenue, Chisago City, MN 55013, in the name of the City of Lino Lakes for the construction of the Lakes Addition Street Reconstruction according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 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 this 27th day of April, 19 c�it�Jti Marilyn G. Anderson, Clerk -Treasurer 0 Kimberly •V Sulli ayor 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, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. 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 27, 1998. i ai Marilyn G. Anderson, Clerk -Treasurer • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 58 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONSTRUCTION CONTRACT FOR THE LILAC STREET TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the trunk sanitary sewer and watermain improvements along Lilac Street, west of Appaloosa Lane; and along Mustang Lane(Laurie Avenue), north of Lilac Street; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address S. R. Weidema, Inc. 17600 113`h Avenue North Maple Grove, Minnesota 55369 Amount of Bid $232,768.70 C. W. Houle, Inc. $244,996.00 1300 West County Road 1 Shoreview, Minnesota 55126 Dave Perkins Contracting, Inc. $250.017.00 14230 Basalt Street Ramsey, Minnesota 55303 Northdale Construction Co., Inc. $250,903.17 14450 Northdale Boulevard Rogers, Minnesota 55374 Kober Excavating, Inc. $264,323.56 16112 Jarvis Street NW Elk River, Minnesota 55330 Ryan Contracting, Inc. $276,337.40 8700 13`h Avenue East Shakopee, Minnesota 55379 Barbarossa and Sons, Inc. $277,914.20 11000 93`d Avenue North Osseo, Minnesota 55369 Richard Knutson, Inc. $282,068.25 12585 Rhode Island Avenue So. Savage, Minnesota 55378 Brown and Cris, Inc. $284,846.45 19740 Kenrick Avenue Lakeville, Minnesota 55044 Bonine Excavating, Inc $286,474.45 12669 Meadowvale Road Elk River, Minnesota 55330 Widmer, Inc. $287,554.34 P. O. Box 219 St. Bonifacius, Minnesota 55375 Volk Sewer and Water, Inc. $304,228.77 8909 Bass Creek Court Brooklyn Park, Minnesota 55428 Arcon Construction Co. $342,240.26 P. O. Box 159 Harris, Minnesota 55032 AND WHEREAS, it appears that S. R. Weidema, Inc., Maple Grove, Minnesota, 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 the attached contract with S. R. Weidema, Inc., of Maple Grove, Minnesota, in the name of the City of Lino Lakes for the Lilac Street Trunk Utility Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 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 Council of the City of Lino Lakes this 27th day of April, 1998. Kimberly Sulli Mayor MarilynG. A�hd Y erson, Clerk -Treasurer 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 favorthereof: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on April 27, 1998. Marlyn G. Anderson, Clerk -Treasurer • • Council Member Neal adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 - 59 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 1998 SEALCOAT PROJECT. WHEREAS, the Engineer has prepared plans and specifications for 1998 Sealcoating Project and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. 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 ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, May 19, 1998, 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, May 26, 1998, 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 27th day of April, 10 Maril n� G. Anderson Clerk -Treasurer Y Kimberly 111 . ullivn, ayor 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. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was duly passed and adopted. • • SCouncil Member Neal its adoption: introduced the following resolution and 0 s CITY OF LINO LAKES RESOLUTION NO. 98-60 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - WEST SHADOW LAKE DRIVE CULVERT REPLACEMENT PROJECT WHEREAS, pursuant to a request from City Staff, OSM & Associates, Inc. has prepared plans and specifications for the replacement of the culvert under West Shadow Lake Drive and has presented such plans and specifications to the City Engineer for approval; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:00 a.m. May 20, 1998, 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 on May 26, 1998. 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 5 percent of the amoun of suc :"d. Ille aril G. Anderson, Clerk -Treasurer Kim. -�u A. llivan, Mayor Y Y 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. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was duly passed and adopted. Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98-61 RESOLUTION REQUESTING MUSA DESIGNATION FOR MOLIN CONCRETE (415 Lilac Street) WHEREAS, Molin Concrete has petitioned the City for the extension of MUSA Designation to their property located at 415 Lilac Street for the purpose of connection to City Utilities, and WHEREAS, Molin Concrete has agreed to the estimated assessment for said utilities, and WHEREAS, it is in the best interest of the City to allow this MUSA expansion and utility connection, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby requests the Metropolitan Council to extend Metropolitan Urban Service Area to the 54 acre Molin Concrete site located at 415 Lilac Street. Adopted by the Lino Lakes City Council this 27th day of April, 1998. ATTEST: -4 Marilyn G. Anderson, Clerk/Treasurer The motion for the 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, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared duly passed and adopted. • • MARSHAN LAKE Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98-62 RESOLUTION REQUESTING MUSA DESIGNATION FOR 450 LILAC STREET (Douglas Residence) WHEREAS, James and Tracy Douglas have petitioned the City for the extension of MUSA Designation to their property located at 450 Lilac Street for the purpose of connection to City Utilities, and WHEREAS, the existing on-site system at 450 Lilac Street is in need of upgrading, and WHEREAS, the property owners will be required to petition the City for the extension of utilities to their property, and WHEREAS, it is in the best interest of the City to allow this MUSA expansion and utility connection, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby requests the Metropolitan Council to extend Metropolitan Urban Service Area(MUSA) Designation for one single family residence to the property located at 450 Lilac Street. Adopted by the Lino Lakes City Council this 27th day of April, 199 ATTEST: LA Marilyn G. Anderson, Clerk/Treasurer Kimberly ulliv The motion for the 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, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared duly passed and adopted. • a� -----------------� --- ---iia:,.., CoA • l7 •1111111111 I I 00.0® • �Nyp AIR 11111111V Op Ea o OJTLOT tl PARK f LINO R EHABILITA110f� t; 4KE ;ELATE • 7 14 IS • MARSHAN LAKE t.. 101 .01 :43 , sumo etii�i ECU RiAvi iffAN ust5,11F, ' FA?' r 5-01 ,,,,,v, a 1., • all -toula•-111— c .v.•; 4.. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 63 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: Lilac Trunk Utility 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 - 63 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 - 63 Page 3 Adopted by the City Council this 13th day of April, 1998. Kimberl .V Sulli .', Mayor 61„1,47\, Marilyn G. Anderson Clerk -Treasurer 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, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared passed and adopted. • •