The URL can be used to link to this page

Home My WebLink About09-09-13 Council Packet Agenda and Packet Updated 9-6-13 CITY COUNCIL AGENDA Monday,September9,2013 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: MayorReinert,Council Members O’Donnell,Roeser, Rafferty& Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M. 6:30 p.m. Call to Order – Council Members O’Donnell, Roeser & Rafferty, Stoesz and Mayor Roll Call - Reinert were present Pledge of Allegiance Open Mike / Public Comment SergeiNazaranka, Eagle Liquor, 730 Apollo Drive, indicated that he is requesting that the council limit off-sale licenses in the cityand/or allow him to install a larger sign advertising his business Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented SPECIAL PRESENTATION Proclamation –September 17-23-United States Constitution Week Daughters of the American Revolution, Anoka Chapter| Gail Lossing read and received the proclamation on behalf of the DAR 1.CONSENT AGENDA A)Consideration of Expenditures: i)September 9, 2013 (Check No. 96322 through 96397)in the amount of $425,617.43; ii)Centennial Fire District (Check No. 5967through 5999) in the amount of $21,083.90); B)Consider approval of August 26, 2013 Work Session Minutes C)Considerapproval of August 26, 2013 Council Meeting Minutes D)Consider approval of August 26, 2013 Closed Council Minutes E)Consider Resolution No. 13-94, Extension of Time of the Conditional Use Permits and for Submittal of the Planned Unit Development Final Plan and Final Plat, Main Street Village Council Agenda-2-September 9, 2013 F)Consider Resolution No. 13-95, Extension of Time for Submittal of the Planned Unit Development Final Plan and Final Plat, Moon Marsh G)Consider Resolution No. 13-96, Extension of Time for Century Farm North 6th Addition Motion by O’Donnell,seconded byRoeser, to approve Consent Items 1A through 1G as presented, was adopted 2.FINANCE DEPARTMENT A)Consider Resolution No13-100 Adopting Preliminary 2013/2014 Property Tax Levy Action Taken: Motion byRafferty, seconded by Stoesz,to approve Resolution No. 13-100 as presented,was adopted B)Consider Resolution No. 13-101Setting Date for the Public Hearing for the Proposed 2014 Operating Budget and 2013 Tax Levy Collectible in 2014 Action Taken: Motion by O’Donnell, seconded by Roeser, to approve Resolution No. 13-101as presented, was adopted C)Consider Resolution No. 13-102 Canceling the2013/14DebtService Tax Levy for G.O.Tax Increment Financing Bond Series 2007A Action Taken: Motion byO’Donnell, seconded by Roeser,to approve Resolution No. 13-102 as presented,was adopted D)Consider Resolution No. 13-103 Canceling the2013/14DebtService Tax Levy for G.O.ImprovementBond Series 2013A Action Taken: Motion byRoeser, seconded by Rafferty,to approve Resolution No. 13-103 as presented,was adopted 3.ADMINISTRATION DEPARTMENT st A)Public Hearing and Consideration of 1Reading of the following amendments to the Lino Lakes City Charter: i. Ordinance No. 04-13, Amending Section 4.02 of the Charter regarding Nominations and Elections, Julie Bartell Action Taken: Motion byO’Donnell, seconded by Roeser,to approve st the 1Reading of Ordinance No. 04-13 as presented,was adopted ii.Ordinance No. 05-13, Amending Section 8.04 of the Charter regarding Public Improvements and Special Assessments, Michael Grochala Action Taken: Motion byRoeser, seconded by Stoesz,to approve the st 1Reading of Ordinance No. 05-13 as presented,was adopted 4.PUBLIC SAFETY DEPARTMENT A)Consider 2nd Reading and Passage of Ordinance 10-13, Amending Section 504.02 Lino Lakes Code of Ordinance relating to Firearms, allowing bow hunting in certain areas of the city, John Swenson Council Agenda-3-September 9, 2013 Action Taken: Motion byRafferty, seconded by O’Donnell,to approve nd the 2Reading and Passage of Ordinance No. 10-13 as presented, was adopted: Yeas, 5; Nays none B)Consider Authorization to Execute Contract with Metro Bowhunters Resource Base (MBRB) for deer management on City owned properties, John Swenson Action Taken: Motion byO’Donnell, seconded by Rafferty,to approve executionof the contract with the understanding that the 70 acre parcel adjacent to Rolling HillsDrive is excluded,was adopted 5.PUBLIC SERVICES DEPARTMENT No report 6.COMMUNITY DEVELOPMENT DEPARTMENT nd A)Consider 2Reading of Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek, Katie Larsen Action Taken: Motion byO’Donnell, seconded by Roeser,to approve nd the 2Reading and Passage of Ordinance No. 09-13 as presented, was adopted: Yeas, 5;Nays none B)Consider Resolution No. 13-97, Authorizing Preparation of Plans and st Specifications, 21Avenue Improvement Project, Michael Grochala Action Taken: Motion byRafferty, seconded by Stoesz,to approve Resolution No. 13-97 as presented,was adopted to follow C)Consideration of Resolution No. 13-98, Approving Site Performance Agreement with McDonald’s Corporation, Jason Wedel D)Consideration of Resolution No. 13-99, Accepting Quotes and Awarding Contract, 2013 Surface Water Management Project, Jason Wedel Action Taken: Motion byStoesz, seconded by Roeser,to approve Resolution No. 13-99 as presented,was adopted 7.UNFINISHED BUSINESS None 8.NEW BUSINESS None Adjournment Motion by O’Donnell, seconded by Stoesz, to adjourn at 8:15 p.m.was adopted Council Agenda-4-September 9, 2013 Community Calendar–A Look Ahead September 9,2013through September 23,2013 Wednesday, September 36:30 pm, Council ChambersPlanning & Zoning Monday, September 235:30 pm, Community RoomCouncil Work Session Monday, September 236:30 pm, Council ChambersCity Council Meeting PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17-23, 2013 WHEREAS ,the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS , September17, 2013, marks the two hundred twenty-sixthanniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, WHEREAS ,it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS ,Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW THEREFORE, BE IT RESOLVEDthat I, Jeff Reinert, Mayor of the City of Lino Lakes, do hereby proclaim the week of September 17 through 23, 2013as CONSTITUTION WEEK IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed. Adopted by the Lino Lakes CityCouncil on September 9, 2013. __________________________ Jeff Reinert, Mayor __________________________ Julie Bartell, City Clerk CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 8/17/2013 - 8/26/2013Aug 28, 2013 08:49AM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 08/1308/26/20132013007210300US BANKDP-VISA MAP BOOKS637.08 Grand Totals:637.08 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 1 Input Dates: 8/17/2013 - 8/26/2013Aug 28, 2013 08:50AM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 08/26/2013 210300 US BANK Invoi US BANK2103000826131DP-VISA BLDG MTC SUPPLIES08/26/201308/26/2013137.18801-42-2210-40108/13 Invoi US BANK2103000826132DP-VISA FUEL08/26/201308/26/201352.46801-42-2210-21208/13 InvoiDP-VISA FIRE PREVENTION SU US BANK210300082613308/26/201308/26/2013183.13801-42-2210-21708/13 Invoi US BANK2103000826134DP-VISA VEH MTC08/26/201308/26/20139.51801-42-2210-40408/13 Invoi US BANK2103000826135DP-VISA CLEANING SUPPLIES08/26/201308/26/201318.32801-42-2210-20208/13 Invoi US BANK2103000826136DP-VISA MISC SUPPLY08/26/201308/26/201381.00801-42-2210-21908/13 Invoi US BANK2103000826137DP-VISA MAP BOOKS08/26/201308/26/2013155.48801-42-2210-35008/13 Total 210300 US BANK:637.08 Total 08/26/2013:637.08 8/26/2013 GL Period Summary GL PeriodAmount 08/13637.08 Grand Totals:637.08 Grand Totals:637.08 Report GL Period Summary GL PeriodAmount 08/13637.08 Grand Totals:637.08 Vendor number hash:210300 Vendor number hash - split:1472100 Total number of invoices:1 Total number of transactions:7 Terms DescriptionInvoice AmountDiscount AmountNet Invoice Amount Open Terms637.08.00637.08 Grand Totals:637.08.00637.08 CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 8/27/2013 - 9/5/2013Sep 05, 2013 04:04PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 09/1309/05/2013596710850ANOKA COUNTY TREASURY DJULY THRU SEPT BROADBAND 562.50 09/1309/05/2013596811490ARC STONE TECHNOLOGIESFEMA RECRUITING833.75 09/1309/05/2013596911565ASPEN MILLS, INCBOOTS169.95 09/1309/05/2013597030500CENTURY LINKPHONE CENTERVILLE58.05 09/1309/05/2013597131137CONNEXUS ENERGYELECTRIC STATION 1491.17 09/1309/05/2013597270578GRAINGERVEH BULBS167.37 09/1309/05/2013597390085IDEAL ADVERTISINGUNIFORMS SHIRTS806.00 09/1309/05/2013597490151IMAGE PRINTING & GRAPHICSFEMA RECRUITMENT MATERIA6,434.47 09/1309/05/20135975110300KIRVIDA FIRE, INCLADDER 21 PUMP TEST/MTC1,706.74 09/1309/05/20135976160150PEARSON EDUCATION, INCSTUDENT EMERGENCY CARE 884.69 09/1309/05/20135977220200VERIZON WIRELESSCOMMUNICATIONS201.62 09/1309/05/20135978240100XCEL ENERGYELECTRIC STATION 2587.59 09/1309/05/20135979999924JEFF BAKERFEMA-REFERRAL BONUS100.00 09/1309/05/20135980999925BRADLEY GAVENFEMA REFERRAL BONUS100.00 09/1309/05/20135981999926GARY GROTEFEMA REFERRAL BONUS100.00 09/1309/05/20135982999927MATT PREBILLFEMA REFERRAL BONUS100.00 09/1309/05/20135983999928JOHN BARTOSZEKFEMA RETENTION BONUS500.00 09/1309/05/20135984999929BRIAN BATCHELLERFEMA RETENTION BONUS500.00 09/1309/05/20135985999930STEVEN CURRYFEMA RETENTION BONUS500.00 09/1309/05/20135986999931TIFFANY ENGSTROMFEMA RETENTION BONUS500.00 09/1309/05/20135987999932JEFFREY GEIGERFEMA RETENTION BONUS500.00 09/1309/05/20135988999933MATTHIAS GOSCHFEMA RETENTION BONUS500.00 09/1309/05/20135989999934TOM JOHNSONFEMA RETENTION BONUS500.00 09/1309/05/20135990999935BENJAMIN KNOWLESFEMA RETENTION BONUS500.00 09/1309/05/20135991999936JAMES LANGEFEMA RETENTION BONUS500.00 09/1309/05/20135992999937BRIAN MONSONFEMA RETENTION BONUS500.00 09/1309/05/20135993999938JEAN OLSONFEMA RETENTION BONUS500.00 09/1309/05/20135994999939SANDY PERALAFEMA RETENTION BONUS500.00 09/1309/05/20135995999940ZACHERY PICARDFEMA RETENTION BONUS500.00 09/1309/05/20135996999941NATHAN RENKFEMA RETENTION BONUS500.00 09/1309/05/20135997999942CHRISTOPHER SMITFEMA RETENTION BONUS500.00 09/1309/05/20135998999943ANTON WICKLANDERFEMA RETENTION BONUS500.00 09/1309/05/20135999999944REED YOUNKERFEMA RETENTION BONUS500.00 Grand Totals:21,803.90 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 1 Input Dates: 8/27/2013 - 9/5/2013Sep 05, 2013 03:53PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 09/05/2013 10850 ANOKA COUNTY TREASURY DEPT. ANOKA CO108502300211InvoiJULY THRU SEPT BROADBAND 09/05/201309/05/2013562.50801-42-2210-32109/13 Total 10850 ANOKA COUNTY TREASURY DEPT.:562.50 11490 ARC STONE TECHNOLOGIES ARC STON1149028080.RE1InvoiFEMA RECRUITING09/05/201309/05/2013833.75801-42-2350-30809/13 Total 11490 ARC STONE TECHNOLOGIES:833.75 11565 ASPEN MILLS, INC ASPEN MIL115651380261InvoiBOOTS09/05/201309/05/2013169.95801-42-2210-21809/13 Total 11565 ASPEN MILLS, INC:169.95 30500 CENTURY LINK CENTURY Invoi 305000905131PHONE CENTERVILLE09/05/201309/05/201358.05801-42-2210-32109/13 Total 30500 CENTURY LINK:58.05 31137 CONNEXUS ENERGY CONNEXUInvoi 311370905131ELECTRIC STATION 109/05/201309/05/2013491.17801-42-2210-38009/13 Total 31137 CONNEXUS ENERGY:491.17 70578 GRAINGER 92225741Invoi GRAINGER705781OFFICE SUPPLIES09/05/201309/05/2013109.27801-42-2210-20109/13 92225741Invoi GRAINGER705782VEH BULBS09/05/201309/05/201358.10801-42-2210-40409/13 Total 70578 GRAINGER:167.37 90085 IDEAL ADVERTISING IDEAL ADV90085329602InvoiUNIFORMS SHIRTS08/16/201308/16/2013806.00801-42-2210-21809/13 Total 90085 IDEAL ADVERTISING:806.00 90151 IMAGE PRINTING & GRAPHICS IMAGE PRI901511397451InvoiFEMA RECRUITMENT MATERIA09/05/201309/05/20136,434.47801-42-2350-30809/13 Total 90151 IMAGE PRINTING & GRAPHICS:6,434.47 110300 KIRVIDA FIRE, INC KIRVIDA FI11030035601InvoiTANKER 21 PUMP TEST/MTC09/05/201309/05/2013315.38801-42-2210-40409/13 KIRVIDA FI11030035611InvoiTANKER 31 PUMP TEST/MTC09/05/201309/05/2013315.38801-42-2210-40409/13 KIRVIDA FI11030035621InvoiENGINER 31 PUMP TEST/MTC09/05/201309/05/2013358.66801-42-2210-40409/13 KIRVIDA FI11030035631InvoiENGINE 11 PUMP TEST/MTC09/05/201309/05/2013358.66801-42-2210-40409/13 KIRVIDA FI11030035641InvoiLADDER 21 PUMP TEST/MTC09/05/201309/05/2013358.66801-42-2210-40409/13 Total 110300 KIRVIDA FIRE, INC:1,706.74 160150 PEARSON EDUCATION, INC PEARSON 160150693720691InvoiSTUDENT EMERGENCY CARE 09/05/201309/05/2013884.69801-42-2210-33209/13 Total 160150 PEARSON EDUCATION, INC:884.69 220200 VERIZON WIRELESS VERIZON 220200970938001InvoiCELL PHONES09/05/201309/05/2013105.58801-42-2210-32109/13 CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 2 Input Dates: 8/27/2013 - 9/5/2013Sep 05, 2013 03:53PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period VERIZON 220200970993471InvoiCOMMUNICATIONS09/05/201309/05/201396.04801-42-2210-32109/13 Total 220200 VERIZON WIRELESS:201.62 240100 XCEL ENERGY XCEL ENE2401000905131InvoiELECTRIC STATION 209/05/201309/05/2013587.59801-42-2210-38009/13 Total 240100 XCEL ENERGY:587.59 999924 JEFF BAKER JEFF BAKE9999240905131InvoiFEMA-REFERRAL BONUS09/05/201309/05/2013100.00801-42-2350-30709/13 Total 999924 JEFF BAKER:100.00 999925 BRADLEY GAVEN BRADLEY Invoi 9999250905131FEMA REFERRAL BONUS09/05/201309/05/2013100.00801-42-2350-30709/13 Total 999925 BRADLEY GAVEN:100.00 999926 GARY GROTE GARY GROInvoi 9999260905131FEMA REFERRAL BONUS09/05/201309/05/2013100.00801-42-2350-30709/13 Total 999926 GARY GROTE:100.00 999927 MATT PREBILL MATT PRE9999270905131InvoiFEMA REFERRAL BONUS09/05/201309/05/2013100.00801-42-2350-30709/13 Total 999927 MATT PREBILL:100.00 999928 JOHN BARTOSZEK JOHN BAR9999280905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999928 JOHN BARTOSZEK:500.00 999929 BRIAN BATCHELLER BRIAN BAT9999290905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999929 BRIAN BATCHELLER:500.00 999930 STEVEN CURRY STEVEN C9999300905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999930 STEVEN CURRY:500.00 999931 TIFFANY ENGSTROM TIFFANY E9999310905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999931 TIFFANY ENGSTROM:500.00 999932 JEFFREY GEIGER JEFFREY 9999320905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-35009/13 Total 999932 JEFFREY GEIGER:500.00 999933 MATTHIAS GOSCH MATTHIAS 9999330905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 3 Input Dates: 8/27/2013 - 9/5/2013Sep 05, 2013 03:53PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period Total 999933 MATTHIAS GOSCH:500.00 999934 TOM JOHNSON TOM JOHN9999340905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999934 TOM JOHNSON:500.00 999935 BENJAMIN KNOWLES BENJAMIN 9999350905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999935 BENJAMIN KNOWLES:500.00 999936 JAMES LANGE JAMES LA9999360905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999936 JAMES LANGE:500.00 999937 BRIAN MONSON BRIAN MO9999370905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999937 BRIAN MONSON:500.00 999938 JEAN OLSON JEAN OLS9999380905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999938 JEAN OLSON:500.00 999939 SANDY PERALA SANDY PE9999390905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999939 SANDY PERALA:500.00 999940 ZACHERY PICARD ZACHERY 9999400905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999940 ZACHERY PICARD:500.00 999941 NATHAN RENK NATHAN R9999410905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999941 NATHAN RENK:500.00 999942 CHRISTOPHER SMIT CHRISTOP9999420905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999942 CHRISTOPHER SMIT:500.00 999943 ANTON WICKLANDER ANTON WI9999430905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999943 ANTON WICKLANDER:500.00 999944 REED YOUNKER REED YOU9999440905131InvoiFEMA RETENTION BONUS09/05/201309/05/2013500.00801-42-2350-30709/13 Total 999944 REED YOUNKER:500.00 CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 4 Input Dates: 8/27/2013 - 9/5/2013Sep 05, 2013 03:53PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period Total 09/05/2013:21,803.90 9/5/2013 GL Period Summary GL PeriodAmount 09/1321,803.90 Grand Totals:21,803.90 Grand Totals:21,803.90 Report GL Period Summary GL PeriodAmount 09/1321,803.90 Grand Totals:21,803.90 Vendor number hash:22737120 Vendor number hash - split:22807698 Total number of invoices:38 Total number of transactions:39 Terms DescriptionInvoice AmountDiscount AmountNet Invoice Amount Open Terms21,803.90.0021,803.90 Grand Totals:21,803.90.0021,803.90 CITY COUNCIL WORK SESSIONAugust 26, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE: August 26, 2013 4 TIME STARTED:5:30p.m. 5 TIME ENDED:6:10p.m. 6 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, 7 Rafferty,Roeserand Mayor Reinert 8 MEMBERS ABSENT:None 9 10 11 Staff members present: City Administrator Jeff Karlson;Community Development 12 Director Michael Grochala; City Planner Katie Larsen; Public Safety Director John 13 Swenson; Finance Director Al Rolek; Public Services Director Rick DeGardner; City 14 Engineer Jason Wedel; City Clerk Julie Bartell 15 16 1. Sign Ordinance Mayor Reinert indicated that discussion of this item would be 17- postponed since the council has a heavy agenda to review in an abbreviated session. 18 19 2. Review Regular Council Agenda of August 26, 2013 20- 21 Consent Agenda, Item 1B Council Member Stoesz asked that the Minutes be corrected 22- to indicated that there was a direction/action regarding the reporting of fleet management 23 data. 24 25 Item 3A, Part-time Scanner Position Administrator Karlson reviewed the requested to 26- hire a part-time scanner operator to assist with the electronic records project. Progress is 27 being made on the project and he recommends bringing in this part time position for 28 scanning.Council Member Stoesz asked if hiring two people would make the project go 29 twice as fast? Administrator Karlson responded that he will check on that possibility. 30 31 Item 4A, Firearms Ordinance Amendment -Police Chief Swenson reported that the 32 ordinance will make a change to the city code as requested by the council. The change 33 will allow for bow hunting in the area of the city where that was previously prohibited, in 34 an attempt to manage deer populations and deer related accidents. The other piece of the 35 deer management direction, a contract with a bowhunters group for a managed hunt, will 36 be coming forward for council consideration soon. 37 38 Item 5A, Street Maintenance Position Public Services Director DeGardner explained 39- that this vacancy created by a recent retirementwas discussed at the last council work 40 session. He recommends that this position be filled to bring the department back to 41 budgeted strength. Mayor Reinert remarked that he understands that this position is 42 needed; he supports filling it while the council continues to look for efficiencies within 43 that department. 44 45 1 CITY COUNCIL WORK SESSIONAugust 26, 2013 DRAFT Item 6A, 2235 Arthur Court Accessory Building City Planner Larsen explained that 46- the two requests before the council relate to a property owner who wants to construct an 47 improvement. The project would require vacation of a drainage and utility easement. 48 Staff has reviewed the history of the easement and the current situation and determined 49 that it is no longer needed. The second request isfor a variance on a driveway to serve 50 the proposed improvement. The council reviewed the project location in relation to 51 neighboring property and also any loss of trees (only one significant tree would be 52 removed). On questions about setting a precedent by granting a variance, Planner Larsen 53 explained that there are findings of fact attached to the action and the land is developable; 54 the Planning and Zoning Board recommended approval. In response to questions, she 55 added that the driveway will not be paved, and the drainage situation for the property has 56 been well studied by the City Engineer so no drainage issues would result. Mayor 57 Reinert indicated that he understands the uniqueness of this request. 58 59 Item 6B, PUD Concept Plan for Emmerich Development Corporation –The mayor 60 suggested that the council would not have adequate time this evening to review the 61 proposed development plans. Since it is a large development that merits a thorough 62 review, the matter was postponed to the next work session for review. 63 64 st Item 6C) 21Avenue Improvement Project –Community Development Director 65 Grochala reviewed the action that approves a Petition and Waiver Agreement with the 66 developer and authorizes execution of a joint powers agreement with the City of 67 Centerville outlining the basic parameters of roadway responsibilities. The council 68 reviewed maintenance and assessment payment responsibilities with staff. 69 70 The meeting was adjourned at 6:10p.m. 71 72 These minutes were considered, corrected and approved at the regular Council meeting held on 73 September 9, 2013. 74 75 76 77 78 Julianne Bartell, City ClerkJeff Reinert, Mayor 79 80 2 CLOSED COUNCIL SESSIONAugust 26, 2013 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE:August 26, 2013 6 TIME STARTED: 7:25p.m. 7 TIME ENDED:7:45p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Roeser, 9 O’Donnell, Stoeszand Mayor Reinert 10 MEMBERS ABSENT:none 11 12 Staff present: City Administrator Jeff Karlson; Community Development Director 13 Michael Grochala; City Attorney Joseph Langel 14 15 Mayor Reinertcalled the meeting to order at 7:25p.m. in the Council Workroomat Lino 16 Lakes City Hall. 17 18 The meetingwas convened as a closed session of the city council pursuant to the Open 19 Meeting Law for the purpose of discussingassessment mediations (attorney/client 20 privileged). The meeting was not recorded. 21 22 The meeting was adjourned at 7:45p.m. 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 September 9, 2013. 26 27 28 29 30 Julianne Bartell, City ClerkJeff Reinert, Mayor 31 32 1 COUNCIL MINUTESAugust 26, 2013 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 5 6 DATE:August 26, 2013 7 TIME STARTED:6:30p.m. 8 TIME ENDED:7:22p.m. 9 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, Rafferty, 10 Roeser,and Mayor Reinert 11 MEMBERS ABSENT:none 12 13 Staff members present: City Administrator Jeff Karlson;Community Development DirectorMichael 14 Grochala; City Engineer Jason Wedel; City Planner Katie Larsen; Finance Director Al Rolek; Public 15 Services Director Rick DeGardner; Chief of PoliceJohn Swenson; and City ClerkJulie Bartell 16 17 PUBLIC COMMENT 18 19 Adam Lamere, Lakes Liquor, 7860 Lake Drive, announced that he strongly recommendsthat the 20 council should limit the number of off-sale liquor licenses in the city. He recently sent an email 21 communication to the council voicing that concern. 22 23 SETTING THE AGENDA 24 25 Theagenda was amended to indicate that Item 6B is postponed for discussion at the September 3 26 Council work session. 27 28 SPECIAL PRESENTATION 29 30 Police Chief Swenson introduced the Police Department’s newest officer, Nathan Hamann. Officer 31 Hamann was sworn-in by Mayor Reinert. 32 33 CONSENT AGENDA 34 35 Council Member Rafferty moved to approve Consent Agenda Item 1A as presented.Council 36 Member Stoeszseconded the motion. Motion carried on a unanimous voice vote. 37 38 Council Member O’Donnell moved to approve Consent Agenda Item 1Bas presented. Council 39 Member Raffertyseconded the motion. Motion carried on a voice vote. Council Member Roeser 40 abstained from voting. 41 42 Council Member Rafferty moved to approve Consent Agenda Items 1C, 1D and 1E as presented. 43 Council Member Roeser seconded the motion. Motion carried on a voice vote. Council Member 44 Stoesz abstained from voting. 45 1 COUNCIL MINUTESAugust 26, 2013 DRAFT 46 ITEMACTION 47 48 Consideration of Expenditures: 49 50 August 26, 2013(Check No. 96206– 51 96321, $376,232.10)Approved 52 53 Centennial Fire District (Check No.5951- 54 5966, $43,201.07)Approved 55 56 August 5, 2013Council Work Session 57 MinutesApproved 58 59 August 12, 2013City Council Meeting 60 MinutesApproved 61 62 August 12, 2013 Closed Council Meeting 63 MinutesApproved 64 65 August 12, 2013 Special Budget Meeting 66 MinutesApproved 67 68 69 FINANCE DEPARTMENT REPORT 70 71 nd 2A) 2Reading of Ordinance No. 06-13, Amending Ordinance No. 12-12, The 2013 City of 72 Lino LakesFee Schedule, by providing afee for vacant buildings connected to city utilities – 73 st Finance Director Rolek noted that this ordinance was reviewed and received 1Reading approval at 74 the last council meeting. The ordinance was brought forward in response a recommendation to 75 change the way the city bills for utilities for vacant businesses. The change will bring the city in line 76 with what most other cities are doing in similar situations. Council Member Rafferty confirmed that 77 there will be no negative fire suppression implications. 78 79 Council Member O’Donnell moved to waive the full reading of Ordinance No. 12-12. Council 80 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 81 82 nd Council Member Roeser moved to approve the 2Reading and passage of Ordinance No. 12-12 as 83 presented. Council Member O’Donnell seconded the motion. Motion carried; Yeas, 5; Nays none. 84 85 ADMINISTRATION DEPARTMENT REPORT 86 87 3A) Consider Hiring Temporary Part-Time Scanner Operator –Administrator Karlson noted 88 that the city is in the process of implementing an electronic records system. Bringing in assistance in 89 2 COUNCIL MINUTESAugust 26, 2013 DRAFT the form of this temporary position would assist in moving the project forward. Funding for the 90 position is available in the existing budget. 91 92 Mayor Reinert announced that the city is in the process of digitizing all of the documents at city hall. 93 He supports the effort because it will result in more efficient city business and cost savings. Council 94 Member Stoesz suggested that he would support adding more support if that would move the project 95 along faster. 96 97 Council Member Stoesz moved to approve a hiring processas recommended by staff. Council 98 Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 99 100 PUBLIC SAFETY DEPARTMENT REPORT 101 102 st 4A) Consider 1Reading of Ordinance No. 10-13, Amending Section 504.02 of the Lino Lakes 103 Code of Ordinances, relating to Firearms, allowing bow hunting in certain areas of the city – 104 Police Chief Swenson explained that this ordinance comes from an on-going discussion about deer 105 management in the city. As recommended by the council, this ordinance will open up archery deer 106 hunting in an area of the city where it was previously restricted. 107 108 Council Member Roeser asked if the Police Department has received any public comment about the 109 change and the Chief said no and added that the department included resident contactwithinthe 110 impacted area when the regulations were being researched. The residents seem to indicate that the 111 regulations in the vicinity had more to do withfirearms than bow and arrow; restrictions on the use of 112 firearms will still apply. 113 114 st Council Member O’Donnell moved to approve 1Reading of Ordinance No. 10-13 as presented. 115 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 116 117 PUBLIC SERVICES DEPARTMENT REPORT 118 119 5A) Consider Authorizing Replacement of Streets Maintenance Position –Public Services 120 Director DeGardnerexplained the requestto replace this position left vacantby a recent retirement. 121 He recommends replacement in order to bring the staff of the department up to the budgeted level of 122 six FTE. 123 124 Council Member Rafferty moved to authorize replacement of the Streets Maintenance position as 125 requested. Council Member Roeser seconded the motion. Motion carriedon a unanimous voice 126 vote. 127 128 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 129 130 6A) 2235 Arthur Court Accessory Building – 131 i. Resolution No. 13-89, Approving Variance to allow for second driveway access; 132 st ii. Public Hearing and 1Reading of Ordinance No. 09-13, Vacating a portion of the 133 drainage and utility easement 134 3 COUNCIL MINUTESAugust 26, 2013 DRAFT 135 City Planner Larsenexplained that the applicant/property owner would like to construct an accessory 136 building (an overhead view of the property was shown). The proposed improvement requires a 137 variance to allow for a driveway. The criteria for a variance has been met and laidout in findings of 138 fact and the Planning and Zoning Board is recommending approval. She indicated that the property 139 owner was present to answer questions. 140 141 Regarding Ordinance No. 09-13,vacation of a drainage and utility easement would be necessary for 142 this improvement project. The easement in question has been reviewed by staff (including the city 143 engineer) and is not needed any longer. 144 145 Mayor Reinert indicated that the council had discussed this matter at the pre-council work session and 146 although variances are not common, he can support the action in this unique circumstance. He said 147 he wonders, however, why the accessory building would be built nearest the neighbors. The 148 applicant indicated that it is the highest part of the land and it also allows for the leastloss of trees. 149 The structure will be well hidden from the neighbors. He has spoken with all of the neighbors about 150 his plans. 151 152 Council Member Roeser moved to approve Resolution No. 13-89 as presented. Council Member 153 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 154 155 Mayor Reinert opened the public hearing to receive comments on the ordinance. There being no one 156 present wishing tospeak, the public hearing was closed. 157 158 st Council Member O’Donnell moved to approve the 1Reading of Ordinance No. 09-13 as presented. 159 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 160 161 6B) Residential Planning Unit Development Concept Plan Review for Emmerich Development 162 Corporation -This item was postponedfor furtherreview at the September 3, 2013work session. 163 164 st 6C) 21Avenue Improvement Project 165 i. Resolution No. 13-90, Approving Petition and Waiver Agreementwith ALino, LLC; 166 ii. Resolution No. 13-91, Approving Joint Powers Agreement with City of Centerville 167 168 Community Development Director Grochala explained that apetition and waiver agreement has been 169 received from the property owner agreeing to assessmentand right-of-way dedication for the project. 170 A Metro Transit Park and Ride facility is planned for one of the parcels owned by this property 171 owner. 172 173 Mr. Grochala also explained that since this road improvement will occur on a roadway shared by the 174 Cityand the City of Centerville, staff is presenting a joint powers agreement that would lay out the 175 project responsibilities between the two cities. 176 177 Council Member Roeser moved to approve Resolution No. 13-90 as presented. Council Member 178 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 179 4 COUNCIL MINUTESAugust 26, 2013 DRAFT 180 Council Member Roeser moved to approve Resolution No. 13-91 as presented. Council Member 181 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 182 183 6D) Ordinance No. 07-13 184 nd i. 2Reading and Passage of Ordinance No. 07-13, Amending Section 3, Subdivision 185 4.Q. of the Lino Lakes Zoning Ordinance Entitled Required Screening, Landscaping and 186 Buffer Yards 187 ii. Resolution No. 13-92, Approving Summary Publication of Ordinance No. 07-13 188 189 st Community Development Director Grochala recalled that the council approved the 1reading of this 190 ordinance on August 13, 2013. 191 192 Council Member O’Donnell moved to waive the full reading of Ordinance No. 07-13. Council 193 Member Rafferty seconded the motion.Motion carried on a unanimous voice vote. 194 195 nd Council Member O’Donnell moved to approve the 2Reading and Passage of Ordinance No. 07-13 196 as presented. Council Member Roeser seconded the motion. Motion carried; Yeas, 5; Nays none. 197 198 Council Member Roesermoved to approve Resolution No. 13-92 as presented. Council Member 199 Stoesz secondedthe motion. Motion carried on a unanimous voice vote. 200 201 6E) Ordinance No. 08-13 202 nd i. 2Reading and Passage of Ordinance No. 08-13, Amending Chapter 403 of the Lino 203 Lakes City Code–Individual Sewage Treatment Systems 204 ii. Resolution No. 13-93, Approving Summary Publication of Ordinance No. 08-13 205 206 st Community Development Director Grochala recalled that the council approved 1reading of this 207 ordinance on August 13, 2013.The ordinance relates to provisions for on-site septic systems, 208 updating the city regulations to be consistent with state law. Mayor Reinert added that the changein 209 regulations will change the mandatory nature of the pumping regulations. 210 211 Council Member Roeser moved to waive full reading of Ordinance No. 08-13. Council Member 212 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 213 214 nd Council Member Roeser moved to approve 2Reading and Passage of Ordinance No. 08-13 as 215 presented. Council Member Rafferty seconded the motion. Motion carried; Yeas, 5; Nays none. 216 217 Council Member Roeser moved to approve Resolution No. 08-13 as presented. Council Member 218 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 219 220 UNFINISHEDBUSINESS 221 222 There was no Unfinished Business. 223 224 5 COUNCIL MINUTESAugust 26, 2013 DRAFT NEW BUSINESS 225 226 There was no New Business. 227 228 COMMUNITY EVENTS 229 230 YMCAFarmer’s Market will be held at Legacy and Woods Edge (across from Chain of Lakes 231 Thursday, August 29, 2013 YMCA) from 3:00 p.m. to 7:00 p.m. 232 233 COMMUNITY CALENDAR 234 235 Community Calendar –A Look Ahead 236 August 26, 2013 through September 9, 2013 237 Tuesday, September 3 5:30 pm, Community RoomCouncil Work Session 238 Tuesday,September 36:30 pm, Council ChambersPark Board 239 Thursday, September 58:00 am,Community RoomEDAC 240 Monday, September 96:30 pm, Council ChambersCity Council Meeting 241 242 ADJOURN 243 244 There being no further business, Council MemberO’Donnellmoved to adjourn at 7:22p.m. Council 245 Member Roeserseconded the motion. Motion carried on a unanimous voice vote. 246 247 These minutes were considered and approved at the regular Council Meeting, September 9, 2013. 248 249 250 251 252 Julianne Bartell, City ClerkJeff Reinert, Mayor 253 254 6 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR:Katie Larsen MEETING DATE:September 9, 2013 TOPIC:Consideration of Resolution No. 13-94 Extension of Time for Main Street Village VOTE REQUIRED:3/5 INTRODUCTION In February of 2008, the City Council approved the Main Street Village project, including: Conditional Use Permit for a Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat (Resolution No. 08-17); and Conditional Use Permit for a Motor Fuel Station (Resolution 08-18); and Conditional Use Permit for Commercial Car Wash (Resolution 08-19) The site has not been developed, but the owner is still interested in pursuing the project. BACKGROUND A PUD Development Stage Planmust be followed by the Final Planapplication within twelve months under the zoning ordinance. Likewise, a final plat must be submitted within one year of the preliminary plat approval under the subdivision regulations. For a conditional use permit (CUP), construction must begin within one year of approval. Extensions have been granted by the City Council through Resolutions 09-76,10-33, 10-77, 11-29, 11-84, 12-13, 12-86and 13- 31.A PUD can be extended in six monthsintervalsunder the zoning ordinance. The current submittal deadline for the PUD and CUP’s is October1, 2013, and the recommendation is to extend it to April 1, 2014. When built, this project would provide new commercial tax revenuenear the I-35E interchange. However, the economic conditions of the real estate market have affected development timelines nationally, regionally, and locally. RECOMMENDATION Approve Resolution No. 13-94granting extensions for submitting the PUD Final Plan/Final Plat and for construction to begin on the motor fuel station and carwashfor Main Street Village. ATTACHMENTS 1.Resolution Number 13-94 CITY OF LINO LAKES RESOLUTION NO.13-94 RESOLUTION APPROVING AN EXTENSION OF TIME ON THE PLANNED UNIT DEVELOPMENT FINAL PLAN/FINAL PLAT AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: Resolution No. 08-17, a Conditional Use Permit for a Planned Unit Development- Development Stage Plan/Preliminary Plat, Resolution No. 08-18, a Conditional Use Permit for a Motor Fuel Station, Resolution No. 08-19, a Conditional Use Permit for Commercial Car Wash; and WHEREAS, Section 2, Subd. 10.F.8.g. of the City’s Zoning Ordinance, requires that a PUD Final Plan/Final Platbe submitted within one year of approval of the PUD Development Stage Plan but allows an extension for six month intervals; and WHEREAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, Section 2, Subd. 2.B.11. of the City’s Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08-18 and 08-19 cannot receive building permits until the final plat has been approved; and WHEREAS, the City Council approved previous extensions of project deadlines with Resolutions 09-76, 10-33, 10-77, 11-29, 11-84,12-13and 13-31; and WHEREAS, a request has been submitted to the City for additional extension; WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; and WHEREAS, there have been no changes in the official controls of the city that would require changes to the proposed Planned Unit Development. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1.A PUD Final Plan/Final Plat application for the CUP/PUD approved with Resolution No. 08-17 must be submitted by April 1, 2014. 2.Construction on the motor fuel station and car wash approved with Resolutions No. 08-18 and 08-19 shall begin within six months of final plat approval. th Adopted by the Council of the City of Lino Lakes this 9day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR:Katie Larsen MEETING DATE:September 9, 2013 TOPIC:Consideration of Resolution No. 13-95 Extension of Time for Moon Marsh VOTE REQUIRED:3/5 INTRODUCTION In 2007 the City Council approved a Conditional Use Permit and Planned Unit Development (PUD) Development Stage Plan for the Moon Marsh project with Resolution No. 07-142.The site has not been developed, but the owner is still interested in pursuing the project. BACKGROUND The Zoning Ordinance requires that aPUD Development Stage Planbe followed by the PUD Final Plan application within twelve months under the zoning ordinance. Likewise, a final plat must be submitted within one year of the preliminary plat approval under the subdivision regulations. For a conditional use permit (CUP), construction must begin within one year of approval. The project did not meet these deadlines due to the widespread slowdown in development in the region, and the City has granted several extensions. The current submittal deadline for the PUD Final Plan/Final Plat is October1, 2013and the recommendation is to extend itto April 1, 2014. The Moon Marsh site includes a high value natural resource area. Permanent open space is to be created within the site that willbe placed in a permanent conservation easement.The preservation of open space on this site will be a step in the implementation of the City’s larger greenway vision, a foundation of the Comprehensive Plan. RECOMMENDATION Approve Resolution No. 13-95granting an extension of time for submittal of the PUD Final Plan/Final Plat and for construction to begin under the Conditional Use Permitfor Moon Marsh. ATTACHMENTS Resolution Number 13-95 1. CITY OF LINO LAKES RESOLUTION NO.13-95 APPROVING AN EXTENSION OF TIME FOR THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FINAL PLAN AND FINAL PLAT FOR MOON MARSH WHEREAS, on September 10, 2007 the City Council granted approvals for the Moon Marsh project with Resolution 07-142 approving a Conditional Use Permit for a Planned Unit Development and PUD Development Plan/Preliminary Plat; and WHEREAS, Section 2, Subd. 10.F.8.g. of the City’s Zoning Ordinance, requires that a PUD- final plan be submitted within one year of approval of the PUD-development stage plan but allows an extension for six month intervals;and WHEREAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, Section 2, Subd. 2.B.11. of the City’s Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHEREAS, the City granted extensions with Resolution Nos. 08-106, 09-78,10-35, 10-87, 11- 31, 11-96,12-15and 13-32; and WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; and WHEREAS, there have been no changes in the official controls of the city that would require changes to the proposed Planned Unit Development. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1.A PUD Final Plan/Final Plat application for the CUP/PUD, approved with Resolution No. 07-142, must be submitted by April 1, 2014. 2.Construction shall begin within six months of final plat approval. 3.All of the conditions of approval included in Resolution No. 07-142 continue to apply. th Adopted by the Council of the City of Lino Lakes this 9day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ JeffReinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR:Katie Larsen MEETING DATE:September 9, 2013 TOPIC:Consideration of Resolution No. 13-96 th Extension of Timefor Century Farm North 6Addition VOTE REQUIRED:3/5 INTRODUCTION In 2003the City Council approved Century Farm North, a residential subdivision. This approval included Resolution 03-60approving a PUD Development Stage Plan/Preliminary Plat. The site has not been developed, but the owner is still interested in pursuing the project. BACKGROUND The Century Farm North project received planned unit development (PUD) and preliminary plat approval in 2003 with Resolution No. 03-60.APUD developmentstage plan must be followed by the PUD final plan application within twelve months. Similarly, a final plat must be submitted within one year of the preliminary plat approval. th The City Council approved the final plan/final plat of the Century Farm North 5Addition in March of 2011. The city’s Subdivision and Platting Ordinance requires the final plat for subsequent phases be submitted within one year of approval of the final plat for the previous th phase.The City Council approved an extension for the 6Addition through Resolution 13-33 and the deadline for submission of the final plan/final platisOctober 1, 2013. Due to the widespread slowdown in development in the region, the developer was not able to meet the deadlines for submittal of the final plan/plat. The developer has asked for another extension. A PUD can be extended for period of six months under the zoning ordinance. The current recommendation is to extend the deadline to April 1, 2014. RECOMMENDATION Approve Resolution No. 13-96granting an extension of time for submittal of the PUD Final th Plan/Final Plat for Century Farm North 6Addition. ATTACHMENTS 1.Resolution No. 13-96 CITY OF LINO LAKES RESOLUTION NO.13-96 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE SUBMITTAL OF THE PLANNED UNIT DEVELOPMENT FINAL PLAN AND FINAL PLAT FOR TH CENTURY FARM NORTH 6ADDITION WHEREAS , review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS , the Planned Unit Development –Development Stage Plan for Century Farm North, approved by the City Council on April 28, 2003 with Resolution 03-60, included a phasing plan for final platting a specified numberof units each year, and WHEREAS , the final plat for Century Farm North 5th Addition was approved on March 14, 2011; and WHEREAS , the city’s Subdivision and Platting Ordinance requires the final plat for subsequent phases be submitted within one year of approval of the final plat for the previous phase, and WHEREAS , a request has been submitted to the City to extend the time allowed for submittal of a final plat upon approval by the City Council, and WHEREAS , the Planned Unit Development –Development Stage Plan for Century Farm North is still in compliance with City requirements. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1.The PUD-Final Plan/Final Plat for Century Farm North 6th Addition must be submitted by April 1, 2014 unless an additional extension is granted by the City Council. 2.All conditions of approval for Resolution No. 03-60 will continue to apply to the site. th Adopted by the Council of the City of Lino Lakes this 9day of September,2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Al Rolek MEETING DATE: September 9, 2013 TOPIC : Consideration of Resolution No. 13-100 adopting the preliminary 2013 Tax Levy, collectible in 2014. VOTE REQUIRED: Simple Majority BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a preliminary tax levy for the coming year on or before September 15th of each year. The proposed preliminary tax levy of $8,341,329 will increase city taxes by $125,701 over the 2012/13 tax levy. The levy includes $174,943 for the first year of the voter-approved debt service levy for the signalization of the Lake/Main and Birch/Ware intersections. Without the voter-approved levy the 2013/14 levy would decrease by $49,242, the fifth consecutive year of operating levy decreases. The levy is estimated to result in a city tax rate of 47.987% for 2014. The State Legislature re-imposed a levy limit for levies collectible in 2014 for cities over 2,500 in population. For $8,227,259. The amount of the preliminary levy that is subject to the levy limit (debt service levies are exempt) is $7,144,207. This leaves the preliminary levy $1,083,052 below the state mandated limit. The preliminary levy in Resolution 13-100 represents 13/14. The final levy may be decreased, but can not be more than the preliminary levy when it is adopted in December. The total levy includes funding for the general operating budget, general bonded debt and tax abatements for debt service for the YMCA bonds. The levy may be further reviewed by the City Council and staff prior to the public hearing on the levy in December for changes, if necessary. RECOMMENDATION Staff recommends Adoption of Resolution No. 13-100. ATTACHMENTS Resolution No. 13-100 Page 29A 29B CITY OF LINO LAKES RESOLUTION NO. 13-100 RESOLUTION ADOPTING AND CERTIFYING THE PRELIMINARY 2013 TAX LEVY, COLLECTIBLE IN 2014 WHEREAS, Minnesota State Statutes grant local governments the authority to levy property taxes to finance the operations of the local jurisdiction; and, WHEREAS, the City of Lino Lakes annually levies property taxes to finance General Fund operating costs and annual debt service on outstanding indebtedness; and, WHEREAS, the City Council of Lino Lakes has reviewed the proposed 2014 General Fund operating budget and the preliminary 2013 tax levy collectible in 2014; and, WHEREAS, the preliminary levy is the maximum that the City will levy for tax year 2013 collectible in 2014, and which may be lowered but cannot be increased before adopting the final tax levy; and, WHEREAS, the City Council must certify the preliminary 2013 tax levy collectible in 2014 to the Anoka County Auditor by September 15, 2013. NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a preliminary basis the following upon taxable property in said City of Lino Lakes: 1. Total amount levied in the year 2013 to be spread for taxes due and payable in the year 2014 is $8,341,329. 2. The total amount above levied is for the following purposes: General Operating Levy $7,144,207 General Bonded Debt G.O. Improvement Refunding Bond 2005B 155,782 G.O. Tax Abatement Bonds 2006C 255,381 G.O. CIP Refunding Bond 2006E 443,940 G.O. Bonds 2012A 174,943 Equipment Certificates of 2011 43,481 Equipment Certificates of 2012 53,561 Equipment Certificates of 2013 70,034 Total General Obligation Bonded Debt 1,197,122 TOTAL LEVIES $8,341,329 Adopted by the Lino Lakes City Council this 9th day of September, 2013. Page 29A 29B The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Page 29A 29B CITY COUNCIL AGENDA ITEM 2B STAFF ORIGINATOR: Al Rolek MEETING DATE: September 9, 2013 TOPIC: Resolution 13-101setting date and time for a Public Hearing For The Proposed 2014Operating Budget And 2013Tax Levy Collectible In 2014 VOTE REQUIRED: Simple Majority BACKGROUND All local government entities over 500 in population are required to hold a public hearing to receive public input on the proposed levy and general operation budget. Resolution 13-101sets Monday, December 9, 2013, at 6:30 p.m. during the regularly scheduled City Council meeting as the date for the City’s hearing. Final adoption of the 2013/14tax levy and 2014general operating budget is anticipated immediately following the hearing. RECOMMENDATION Staff recommends adoption of Resolution 13-101. ATTACHMENTS Resolution No. 13-101 CITY OF LINO LAKES RESOLUTION NO. 13-101 RESOLUTION SETTING DATE FOR THE PUBLICHEARING FOR THE PROPOSED 2014OPERATING BUDGET AND 2013TAX LEVY COLLECTIBLE IN 2014 WHEREAS, governmental entities are required to hold a hearing during a regularly scheduled City Council meetingto receive public input on the proposed operating budget and tax levy; and, WHEREAS, the City Council of Lino Lakes wishes to set the date and time of its meeting for this purpose. NOW,THEREFORE,BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesotathat the City of Lino Lakes, Anoka County, Minnesota, that: 1.The publichearing date is hereby set for Monday, December 9, 2013, at 6:30 p.m.during the regularly scheduled City Council meeting with final adoption of the 2013-2014tax levy and 2014general operating budgetanticipatedimmediately following the hearing. Adopted by the Lino Lakes City Council this 9th day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2C STAFF ORIGINATOR Al Rolek MEETING DATE September 9, 2013 TOPIC Consideration Resolution 13-102Canceling the 2013/14Debt Service Tax Levy for G.O. Tax Increment Financing Bond Series 2007A VOTE REQUIRED Simple Majority BACKGROUND At the time that the City issued its G.O. Tax Increment Financing Bonds Series 2007A, an annual tax levy was included in the bond documents for the payment of future debt service. It was fully anticipated that the annual debt service would be satisfied by TIF revenue collections and through the use of MSA funding, and that the tax levy would be evaluated and canceled, if possible, on an annual basis. Following an analysis of the resources available for payment of the ensuing year debt service, staff has concluded that adequate resources are available, and recommends that the debt service tax levy for 2013collectible in 2014be canceled by the City Council. By adopting Resolution 13-102the City Council hereby cancels the 2013/14debt service levy for this bond issue. RECOMMENDATION Staff recommends adoption of Resolution 13-102. ATTACHMENTS Resolution No. 13-102 CITY OF LINO LAKES RESOLUTION NO. 13-102 RESOLUTION CANCELING THE 2013/14 DEBT SERVICE TAX LEVY FOR G.O. TAX INCREMENT FINANCING BOND SERIES 2007A WHEREAS, a tax levy is scheduled for 2013 to be collected in 2014 to pay the debt service on the G.O. Tax Increment Financing Bonds, Series 2007A; and WHEREAS, funds are available from other sources to satisfysuch debt service requirements; and, WHEREAS, it is the desire of the City Council to cancel such debt service levy for 2013 collectible in 2014. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesotathat the tax levy scheduled for 2013 to be collected in 2014 to pay the debt service on the G.O. Tax Increment Financing Bonds, Series 2007A is hereby cancelled. Adopted by the Lino Lakes City Council this 9th day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2D STAFF ORIGINATOR Al Rolek MEETING DATE September 9, 2013 TOPIC Consideration Resolution 13-103Canceling the 2013/14Debt Service Tax Levy for G.O. ImprovementBond Series 2013A VOTE REQUIRED Simple Majority BACKGROUND At the time that the City issued its G.O. ImprovementBonds Series 2013A, an annual tax levy was included in the bond documents for the payment of future debt service. It was fully anticipated that the annual debt service would be satisfied by collections of special assessments and through other fundingsources, and that the tax levy would be evaluated and canceled, if possible, on an annual basis. Following an analysis of the resources available for payment of the ensuing year debt service, staff has concluded that adequate resources are available, and recommends that the debt service tax levy for 2013collectible in 2014be canceled by the City Council. By adopting Resolution 13-103the City Council hereby cancels the 2013/14debt service levy for this bond issue. RECOMMENDATION Staff recommends adoption of Resolution 13-103. ATTACHMENTS Resolution No. 13-103 CITY OF LINO LAKES RESOLUTION NO. 13-103 RESOLUTION CANCELING THE 2013/14 DEBT SERVICE TAX LEVY FOR G.O. IMPROVEMENT BOND SERIES 2013A WHEREAS, a tax levy is scheduled for 2013 to be collected in 2014 to pay the debt service on the G.O. Improvement Bonds, Series 2013A; and WHEREAS, funds are available from other sources to satisfy such debt service requirements; and, WHEREAS, it is the desire of the City Council to cancel such debt service levy for 2013 collectible in 2014. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesotathat the tax levy scheduled for 2013 to be collected in 2014 to pay the debt service on the G.O. Improvement Bonds, Series 2013A is hereby cancelled. Adopted by the Lino Lakes City Council this 9th day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR:Julie Bartell, City Clerk MEETING DATE:September 9, 2013 TOPIC:Public Hearing and Consideration of Ordinance No. 04-13 and Ordinance No. 05-13, Amending the Lino Lakes City Charter regarding Nominations and Elections and Public Improvements and Special Assessments st VOTE REQUIRED:3/5 (1Reading); nd 5/5 (2Reading) INTRODUCTION In 2011, the council forwarded two proposed charter amendments to the Lino Lakes Charter Commission. The amendments concern two areas of the city charter that contain schedules related to elections and that have been impacted by federal and state election schedules. BACKGROUND The United States Congress adopted legislation in 2009 requiring a period of 45 days for absentee ballot voting to allow additional timefor military and overseas voting. As a result the Minnesota State Legislature adopted and the governor signed into law legislation that adjusts state election law to accommodate the extended absentee balloting period.These law changes have an impact on the city’s election calendar including when the city can receive filings for office and, in the case of special improvement consideration, how long the city has to submit questions to Anoka County for inclusion on the ballot. Since the City of Lino Lakes election regulations are included in the city charter, staff presentedsuggestions for amendments to the charter to concur with state and federal level changes. Proposed Amendments - 1. Filing for Office. With the change in the absentee voting period, the filing period reflected in Charter Section 4.02 is no longer appropriate. The filing period must occur at least soon enough to allow the city to meet the deadline for getting names on the ballot. 2. Special Improvements. The Lino Lakes City Charter contains provisions relative to public improvements and special assessments (Chapter 8). Language within that section of the charter is also impacted by the above-referenced election law changes.Under current charter language, there would not be sufficient time to meet the deadline for submission of ballot language and meet the charter requirements of: a) a public hearing; b) the passing of 60 days before further action; and c) submission to thevoters within 120 days of the public hearing. In order to allow sufficient time to satisfy both the Charter requirements and the ballot notice requirements, it is suggested that the Charter language be amended toallow submission of a ballot question within 160 days of a general election or to a special election if necessary. Charter Commission Action –At their meeting on July 25, 2013, the Lino Lakes Charter Commission considered and approved the two proposed amendments. The amendments have been put in ordinance form as required. Charter Amendment Procedure. The charter amendment process is governed by state statute, which provides more than one method by which a home rule charter can be amended: -Charter Commission –may propose amendments to the charter for submission to the voters; -Petition –a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; -Amendment proposed by the council –the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; -Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (witha post approval waiting period of 90 days). Since the Charter Commissionhas approved these amendments, the council may elect to enact them with an affirmative vote. RECOMMENDATION Staff recommends that the council hold a public hearing on the two Charter amendments st followed by council consideration of 1reading of the charter amendment ordinances. stnd If 1reading is approved, the amendments would be considered for 2reading and passage at a special meeting on October 7 (the amendments must be considered within one month of the public hearing). It would be necessary for all council members to be present and voting at the special meeting. ATTACHMENTS Charter Commission Letter dated July 31, 2013 Ordinance No. 04-13 Ordinance No. 05-13 1 st Reading:Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 04-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO NOMINATIONS AND ELECTIONS The CityCouncilof Lino Lakes ordains that the Lino Lakes Home Rule Charter be amended as follows (deleted text struck through addedtextunderlined): Section 1Amendment of City Charter, Section 4.02. Section 4.02. Nominations and Elections, Filing for Office. No earlier than seventy (70) days and not later than fifty-six (56) daysbBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law,have his/her name placed on the municipal election ballot.The filing period shall be as established by Minnesota state lawfor statutory cities. Section 2In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2013. The motion for the adoption of the foregoingordinancewas introduced by Council Member_____________andwas duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: _______________________ Julianne Bartell, City Clerk 1 st Reading:Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 05-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO ELECTIONSAND SPECIAL ASSESSMENT PROCEDURE The CityCouncilof Lino Lakes ordains that the Lino Lakes Home Rule Charter be amended as follows (deleted text struck through addedtextunderlined): Section 1Amendment of City Charter, Section 8.04, Subdivision 2. Section 8.04, Public Improvements and Special Assessments, Special Assessment Procedure. Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty days after the conclusion of the public hearing,submit the proposed local improvement and its assessment formula to the voters of the Cityat the next general election. If no general election is scheduled during such one hundred twenty(120)day period,to occur within 160 days after the conclusion of the public hearing,the Council shall schedule a special electionas soon as practicable to submitby whichsaid improvement and its associated assessment formula can be submittedto the City’s voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Section 2In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2013. Themotion for the adoption of the foregoingordinancewas introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: JohnSwenson, Chief of Police MEETING DATE: September 9, 2013 TOPIC: Consider 2ndReading and passage of Ordinance No. 10-13, Amending Chapter 504.02,regarding Firearms Discharge VOTE REQUIRED:3/5 INTRODUCTION As part of City of Lino Lakes deer management initiative, staff has prepared an ordinance amendment to City Ordinance 504.02 for Council consideration. BACKGROUND: During the September 24, 2012 City Council Work Session, Council MemberRoeser raised the issue of deer management programs and the potential to reduce deer/vehicle collisionsin Lino Lakes. Staff presented a report on vehicle/deer collisionsat the November 5, 2012 work session and has met with Anoka County Parks personnel regarding their hunting program in the Rice Creek Chain of Lakes Park. Staff has prepared 2013 Deer Management Update, which is attached to this staff report. The vehicle/deer collision incidents have declined over that last decade, ranging from 115 in 2002 to 67 in 2012. The 2013 Update outlined options that Council may wish to consider. This ordinance amendment is part of thiscontinuing effort. This ordinance amendment will allow property owners in an area of the City, south of Lilac; west of Lake Dr.; along Hodgson Rd and north of Ash St., to grant permission to archery hunters to hunt deeron their property. This amendment does continue to prohibit use of firearms in this area of the City. RECOMMENDATION: st The council approved the 1Reading of Ordinance No. 10-13 on August 26, 2013. Staff isnow nd recommending approval of 2Reading and Passageof Ordinance No. 10-13, Amending Chapter 504.02of the City of Lino Lakes Code of Ordinances ATTACHMENTS 1.2013 Updated Deer Management Report 2.Ordinance No 10-13 Lino Lakes Whitetail Deer Management Review 2013 Update July 31, 2013 Updated Crash Facts - Lino Lakes Police Department 2002-2012 Throughout the 2012 calendar year, there were a total of 67 vehicle v. deer crashes reported to the Lino Lakes Police Department. This number was up slightly (9 crashes) from 2011. Anoka County Parks Department 2012 Hunt Report & 2013 Update Based on spring 2012 aerial herd counts, Anoka County Park hunt coordinators set a harvest objective of 30 50 deer for their 2012 park archery season. At the end of the hunting season, the Anoka County Parks Department reported that their permitted hunters harvested a total of 47 deer from the Rice Creek Chain of Lakes Park throughout the 2012 archery hunting season. No aerial deer population survey was conducted in the winter/spring, 2013. According to the hunt coordinator, the expansion of their survey requirements and high costs of flight time has forced them to switch to conducting aerial surveys every two years. The next aerial survey is scheduled for February or March of 2014. In a meeting with an Anoka County Park hunt coordinator on July 23, 2013, the crash map visual was reviewed and we specifically discussed the problem location from the 7300 to 7500 block of Lake Dr. where the density of vehicle v. deer collisions was noticeably higher than most other areas along this part of Lake Dr. come from the Anoka County Park herd, the hunt coordinator agreed to hold an additional controlled hunt in the area behind the Lino Lakes Civic Complex in the fall of 2013 in an effort to remove more deer from that portion of the park. Other areas of county park property were reviewed to see how hunting might be used to impact deer numbers. No other areas of County Park owned lands in Lino Lakes were identified as potential hunting zones where hunts could be safely conducted. There will be 100 permits issued to archery hunters in 2013 for the designated hunting zones within the Rice Creek Chain of Lakes Park. The county park archery hunt will run from October 19 through December 31, 2013. Considerations for 2013 Amend Ordinance 504.02 to allow archery hunting: The West Central and Southwest portion of Lino Lakes is currently closed to any type of hunting by ordinance #504.02 (2). The closing of this area to all hunting was adopted by the Lino Lakes City Council in July, 1984. in archived documents why this restriction was added to the ordinance at that time. Lino Lakes City Clerk, Julie Bartell, was able to locate the meeting notes for the council meetings around the July, 1984 timeframe but found no explanation for the change. Ordinance #504.02(2) states: No person shall shoot, fire-off, discharge or explode any firearm or non-firearm upon or onto any of the following: (2) Lands and waters lying southerly of the center line of Lilac Street which are westerly of the center line of Lake Drive (U.S. Highway No. 8) extending along Hodgson Road (U.S. Highway No. 49) and North of Ash Street (County Road J) as the same are now laid out and traveled; Upon talking with several long-time Lino Lakes residents who live within the closed area, I found that because of problems they residents attended several council meetings and requested the ordinance change which was accepted by the council in 1984. Currently, there are some privately owned properties in that area which could be archery hunted at the property if the City chose to amend the current ordinance to allow archery hunting in compliance with other the archery ordinance restrictions. However, this is not a recommendation to change the firearm restriction to this part of the ordinance. MBRB 2013 Controlled Hunt Options In speaking with a hunt coordinator with the Metro Bow hunters Resource Base (MBRB), I learned that they would likely be able to conduct hunts in Lino Lakes during the fall of 2013 if they were requested to do so. Upon reviewing the map of property owned by the City of Lino Lakes, three parcels of land were identified as being large enough to safely and productively hold controlled archery deer hunts through the MBRB. The first property is north of the 8100 block of Diane St. and west of the 8200 block of Lake Dr. This parcel is 17.6 acres in size and would allow MBRB hunters access from Diane St. This area is somewhat restrictive to hunters because of the distance requirement in our archery ordinance. However, MBRB hunters would be able to hunt the northwestern portion of this parcel and still be in compliance with the ordinance. The second parcel is on the southeast corner of the Birch St. /Centerville Rd. intersection. This property is approximately 62 acres in size and has a few places where MBRB hunters could safely and productively archery hunt within the ordinance. There are several access points to this property. The third property is located in the West Oaks Edition. This property is approximately identify this as a problem deer area, this area is believed to hold a relatively large deer herd. In 2011, Ramsey County estimated a herd of 56 deer in their open space property less than one mile south of this Lino Lakes property. There are some limitations to this property. First, parking and access to the property for MBRB hunters would be very limited. Second, the distance requirement in the archery ordinance would limit hunters to one small wooded area on the north side of the city property. If the City chooses to approve a controlled hunt through the MBRB, the MBRB hunt coordinator asked that we notify their group as soon as possible so they could get their planning process started. If requested, the MBRB would likely hold their Lino Lakes hunts in November and/or December, 2013. 1 st Reading:08/26/13Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 10-13 AMENDING CHAPTER 504, SUBDIVISION 2,OF THE LINO LAKES CODE OF ORDINANCES RELATING TO FIREARMS; DISCHARGE PROHIBITED The City Council of the City ofLino Lakes, Minnesota, does ordain: Section 1. That Section 504.02, Subdivision 2,of the Lino LakesCode of Ordinances be amended as follows: 504.02DISCHARGE PROHIBITED. No person shall shoot, fire-off, discharge or explode any firearm or non-firearm upon or onto any of the following: (1) Any road, street, avenue, sidewalk or other public place in the city; (2) Lands and waters lying southerly of the center line of Lilac Street which are westerly of the center line of Lake DriveU.S. Highway No. 8(Anoka County Road 23) extending along Hodgson Road (U.S. Highway No. 49) and North of Ash Street (County Road J) as the same are now laid out and traveled;this restriction applies only to firearms discharge and does not restrict bow and arrow (archery) non firearm deer hunting within this defined area; (3) Any city or county park or other city owned lands unless otherwise provided by this chapter or county ordinance; (4) Any lands within the city now owned by the person so using, unless the person doing so has on his or her person the written consent of the owner of the lands; (5) Within 750 feet of any school site (includes adjoining school district property), residences or buildings upon property not owned by the person so shooting, firing off, discharging or otherwise exploding any firearm or non-firearm without written consent of the owner. In no event shall the person discharge a shotgun where the projectile or pellets leave the premises upon which the person is authorized to hunt onto some other premises; or (6) A private landowner or person with written consent from the landowner may use a bow and pointed-tip arrow, provided that no arrow used shall pass within 500 feet of any school site (includes adjoining school district property), building on adjoining property or occupied residence, without the consent of that landowner, nor in any event create a nuisance or danger to the person. th Adopted by the Lino Lakes City Council this 9day of September,2013. The motion for the adoption ofthe foregoingordinancewas introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: JohnSwenson, Chief of Police MEETING DATE: September 9, 2013 TOPIC: Contract for Service with Metro Bowhunters Resource Base (MBRB) VOTE REQUIRED:3/5 INTRODUCTION Staff has met and developed a contract for service with MBRB for deer management on City owned properties for the Council consideration. BACKGROUND: During the September 24, 2012 Council Work Session, Council Member Roeser raised the issue of deer management programs and the potentialto reduce deer/vehicle collisionsin Lino Lakes. Staff presented a report on vehicle/deer collisionsat the November 5, 2012 work session and has met with Anoka County Parks personnel regarding their hunting program in the Rice Creek Chain of Lakes Park.Staff prepared 2013 Deer Management Update reportand presented it to the Council at the August 5, 2013 Work Session. The 2013 Update outlined options the Council may wish to consider. This contract for service with MBRB is part of this continuing effort. MBRB primary mission is to provide a safe, efficient, and cost effective deer removal alternative for urban deer management by means of a qualified and well-managed archery program. MBRB has been involved with deer removal efforts and has been working closely with municipalities and other governmental units in the seven county metropolitan area since 1995. MBRB has successfully and safelyremoved over 2000 deer from the Twin Cities metropolitan area since the organizations inception. MBRB does not charge for its service. All MBRB huntersare trained and tested to ensure they are proficient. Staff from the police department will work with MBRB Hunt Coordinator to ensure that all deer management efforts on city property is done in a safe manner and within the requirements outlined in City of Lino Lakesordinances. If Council approves this contract for service with MBRB the follow are tentative dates: September 16, 2013 –Orientation & Check-In Meeting October 4 –6, 2013 –Archery Hunt October 18–20, 2013 –Archery Hunt November 1 –3, 2013 –Archery Hunt November 15 –17, 2013 –Archery Hunt January 10, 2014 –MBRB Summary Report RECOMMENDATION: Staff is recommending approval of the Contract for Service with MBRB. ATTACHMENTS 1.Contract for Service with Metro Bowhunters Resource Base (MBRB) 2.Certificate of Liability Insurance CONTRACT FOR SERVICES City of Lino Lakes(City), a political subdivision of the State of Minnesota is in need of archery deer hunting services (hereinafter “services”) and Metro Bowhunters Resource Base, Inc., P.O. Box 161, Circle Pines, MN 55014 (Contractor) desires to provide such services. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties enter into this Contract and agree as follows: 1.TERM. The term of this Contract is from the date of execution by all parties through December 31, 2013, or until all work under this Contract is completed and payments made, whichever occurs first, unless earlier terminated by law or according to the provisions of this Contract. 2.SCOPE OF SERVICES. The City requests and the Contractor agree to provide the services that are attached and incorporated as Exhibit A. If there is a conflict between this Contract and Exhibit A, this Contract shall govern. Services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Contractor’s occupation performing services under similar conditions. 3.PAYMENT. The City will not be responsible for any costs associated with the hunts. 4.CUSTOMER LIAISON.Contractor shall work closely with the City’s liaison, Sgt. Kyle Leibel, 651-982-2300. 5.GENERAL CONDITIONS. The General Conditions of this Contract also know as Lino Lakes Hunt Rules are attached and incorporated as Exhibit B. 6.INDEMNIFICATION.Contractor agrees to indemnify and holdharmless theCity of Lino Lakes from any and all losses, fines, suits, damages, expenses, claims, demands, and actions of any kind resulting from Contractor’s negligence or alleged negligence. 7.ENTIRE AGREEMENT. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the _____ day of ______, 2013. METRO BOWHUNTERS RESOURCE BASECITY OF LINO LAKES By: __________________________________By: ________________________________ Print Name: ___________________________ Title: ________________________________ Telephone: ____________________________By: ________________________________ 1 EXHIBIT A Scope of Services 2013Lino LakesDeer Management Program August28, 2013 Metro Bowhunters Resource Base (MBRB) is to provide archery deerhunt management services as delineated below or as would be necessary to help the City achieve its goal of a reduction in deer population while recognizing the need to maintain a high degree of professionalism and sensitivity to public concerns associated with deer hunting. MBRB Activities: _________________________________________________________________________ qualified archers from September 14, 2013 through December 31, 2013 liaison and staffat Hunt Orientation Check-in and Meeting on September 16, 2013 at 7:00 PM. archery deer huntson the following (tentative) dates: October 4-6,18-20,November 1-3, November 15-17. of deer taken by sex and location and the number of unrecovered deer. Provide City a verbal report on hunt progress and issues as needed no later than 24 hours following the conclusion of each hunt period. Administer huntsin accordance with hunt rules and other procedures necessary for a safe and orderly hunt. Assist in tracking and recoveringdeer that are reported hit by archers. Provide liaison with the City and the Lino Lakes Police Department so that there is one point of contact for all hunting activities. rule infractions and other pertinent incidents (such as unauthorized hunt area visitors) to the City liaison. Comply with the Hunt Rules as attached to this document. Send final summary report of hunt data to Cityliaisonby January 10, 2014. 2 EXHIBIT B City of Lino Lakes 2013Special Archery Deer Hunt Rules 1.All hunters are selected through the Metro Bowhunters Resource Based (MBRB). 2.Hunts are conducted using MBRB archers. 3.Deer hunt locations are limited to the areas identified on the provided maps. 4.There will be 4 hunt periods: October 4-6, 18-20, November 1-3, November 15-17. 5.Tree stands can be erected on the day before each hunt period with times being determined by Hunt Coordinator. NO HUNTING on stand set up days. 6.Stands should be discretely placed so as not to be visible from residential structures in the area or from public road right-of-way. 7.Hunters must follow all MN DNR laws,all Lino Lakes Ordinancesand all MBRB specialrules. 8.All hunt periods are for either sex deer with the emphasis on shooting antlerless deer. A minimum of one bonus tag must be in eachhunter’spossessionat all times. 9.Hunters must carry a hunt authorization letter from the City at all times during the hunt. 10.All incidents of trespass or unknown tree stands should be reported to the MBRB Hunt Coordinator who will contact the Lino Lake PoliceDepartment. 11.Archers will hunt from elevated stands. Ground blinds may be used in special cases but must be approved by Hunt Coordinator who will assist in blind location. 12.Screw-in tree steps are prohibited. Archers must utilize strap-on steps, ladders, climbing sticks, or climber stands for vertical access to their stands. 13.Hunters must have a flashlight and a warning whistle within easy reach during entry, egress, and while on stand. A cell phone is recommended. 14.All hunters must use a five-point fall restraint harness while on stand. It is also highly recommended to utilize a fall restraint systemduring ascending and descending access operations. 15.Only TMA approved stands/steps are acceptable. Use of any homemade stands/steps is prohibited for safety reasons. 16.Only buckthorn can be cut for shooting lanes. Cutting should be flush with the ground. Trimming for shooting lanes should be minimized so that stand locations are not readily apparent. 17.Archers must park in designated areas only and have a City supplied parking permit properly displayed. 3 18.Only deer may be taken during the special hunts. 19.Hunters must log in and out of the hunt areas each time they leave. The MBRB Hunt Coordinator will provide a log in sheet at an appropriate location. 20.Archers cannot track deer outside of hunt boundaries. Hunters must contact the Hunt Coordinator if deer retrieval is required outside of hunt boundaries. The Hunt Coordinator will make arrangements for a police escort or obtain landowner permission before tracking deer onto adjacent properties. 21.Hunters shall bring a small shovel with them as part of their hunt gear to enable them to bury entrails at the hunt site. The burial site must be well out of view from any residence or other area where the public could be present or have visual access. 22.Hunters should immediately report any incidents to the MBRB Hunt Coordinator. 23.Hunters are directed not to speak to any protestors or news media. These incidents are to be reported to the MBRB Hunt Coordinator immediately. The MBRB Hunt Coordinator will contact the appropriate City staff and/or thePoliceDepartment who will handle any communication needed. 24.Anoka County Dispatch 911 should be contacted immediately in the case of accidents. 25.Additional restrictions may be added at the required orientation meeting. 26.Failure to follow rules WILL LEAD to removal from the hunt. 4 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR:Katie Larsen, City Planner MEETING DATE:September 9, 2013 nd TOPIC:Consider 2Reading of Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek VOTE REQUIRED: 4/5 INTRODUCTION nd Staff is requesting City Council consideration of the 2reading of the proposed ordinance to vacate a portion of the drainage and utility easement on Lot 6, Block2, Clearwater Creek. BACKGROUND The applicant has submitted a Land Use Application for adrainage & utility easement vacation and variance for the purpose of constructing a 40’x 50’ (2,000 s.f.) detached accessory building. The residential property is located at 2235 Arthur Court. The vacation is for an existing drainage and utility easement and the variance is to allow for a second driveway access. As shown on the Clearwater Creek plat, a drainage and utility easement was dedicated over a wetland area. This easement exists over much of Lot 6, Block 2 (2235 Arthur Court). A Wetland Delineation Report was prepared by Earth Science Associates, Inc. in May 2013 and was approved by Rice Creek Watershed District (RCWD) as LGU of the Minnesota Wetland Conservation Act via Notice of Decision Application #13-049R on June 18, 2013. The Wetland Delineation Report identifies the actual boundaries of the wetland and indicates over 1 acre of useable upland exists on the subject property. A Sketch and DescriptionSurvey prepared by EG Rud & Sons on August 20, 2013shows the new delineated wetland boundary, the proposed drainage and utility area to be vacated and the proposed location of the accessory building. A 10 foot drainage and utility easement will be maintained along Cedar Street. The first reading of the ordinance was approved by the City Council on August 26, 2013. RECOMMENDATION Staff is recommending approval of the following itemwith conditions listed per resolution or ordinance: 1.Ordinance No. 09-13Vacating a Portion of the Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek ATTACHMENTS 1.Ordinance No. 09-13 1 st Reading:Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 09-13 ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENTON LOT 6, BLOCK 2, CLEARWATER CREEK (2235 ARTHUR COURT) “The City Council of Lino Lakes ordains". Section 1Findings 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement as shown in Exhibit A and described as: That part of the drainage and utility easement as dedicated on Lot 6, Block 2, CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat thereof, described as follows: Commencing at the northwest corner of said Lot 6, Block 2; thence on an assumed bearing of South 87 degrees 00 minutes 17 seconds East, along the north line of said Lot 6, Block 2 a distance of 115.40 feet; thence South 38 degrees 06 minutes 10 seconds West a distance of 12.22 feet to a line drawn parallel with and 10 feet southerly of said north line and to the point of beginning of the easement to be vacated; thence South 87 degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence South 02 degrees 59 minutes 43 seconds West a distance of 140.01 feet; thence South 45 degrees 02 minutes 56 seconds West a distance of 39.15 feet; thence North 87 degrees 53 minutes 36 seconds West a distance of 104.89 feet; thence South 73 degrees 48 minutes 33 seconds West a distance of 32.90 feet; thence North 82 degrees 29 minutes 10 seconds West a distance of 36.64 feet; thence North 00 degrees 48 minutes 04 seconds West a distance of 111.71 feet; thence North 76 degrees 57 minutes 06 seconds East a distance of 37.17 feet; thence North 14 degrees 47 minutes 51 seconds West a distance of 34.49 feet; thence North 38 degrees 06 minutes 10 seconds East a distance of 29.40 feet to the point of beginning. 2.A public hearing was held on August 26, 2013before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was madeto give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3.It appears to be in the best interest of the City to vacate a portion of such drainage and utility easement; and 4.Four-fifths of all members of the City Council concur in this ordinance. Section 2Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2013. The motion for the adoption of the foregoingordinancewas introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM6B STAFF ORIGINATOR:Michael Grochala MEETING DATE:September 9, 2013 TOPIC:Consider Resolution No. 13-97, Authorizing st Preparation of Plans and Specifications, 21 Avenue Improvement Project VOTEREQUIRED:Simple Majority INTRODUCTION st Staff is requesting council authorization to prepare plans and specifications for the 21Avenue Improvement Project.The proposed improvements consist of street, sanitary sewer, water main, storm sewer, traffic control signals and pedestrian improvements. WSB, City Engineer, has submitted a proposal to complete the plans and specifications, contract administration and construction observation in the amount of $155,500. BACKGROUND On August 26, 2013,theCity Council approved the petition and waiver agreement with ALINO, st LLC and the Joint Powers Agreement with the City of Centervillefor the construction of 21 Avenue.The City of Centerville approved the JPA on August 28, 2013. The project consists of the extension of public infrastructure from Main Street(CSAH 14) to a point approximately1,320 feet north. The proposal submitted by WSB and Associatesprovides complete engineering services from design to project completion for the not to exceed amount of $155,500.Execution of the engineering contract is conditioned upon execution of the JPA by both Lino Lakes and Centerville and submittal of required agreements by all property owners. The estimated total cost of the improvement is $1,211,000including engineering, legal/administrationand construction.The City of Centerville’s share of the project is approximately $437,000. The agreement with ALINO provides for an assessment amount up to approximately $689,000 with the balance of the project costs covered the City’s trunk utility unit fund. RECOMMENDATION Staff is recommending approval of Resolution No. 13-97authorizing preparation of plans and specifications. ATTACHMENTS 1.Resolution No. 13-97 2.WSB Proposal 2 CITY OF LINO LAKES RESOLUTION NO. 13-97 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS ST 21AVENUE IMPROVMENTS th WHEREAS, pursuant to Resolution No.13-90,adopted the 26day of August, 2013,theLino Lakes City Councilapproved the Petition and Waiver Agreement with ALINO, LLC requesting st the improvement of 21Avenue from Main Street (CSAH 14) to a point 1,320 feet northerly by street construction and installation of sanitary sewer, water main, storm sewer, traffic control signals and pedestrian/bicycle facilities(the “Improvements”), and th WHEREAS, pursuant to Resolution No. 13-91, adopted the 26day of August, 2013, the Lino Lakes City Council approved the Joint Powers Agreement with the City of Centerville for the making of said Improvements; and WHEREAS, the City Council finds that it would be in the best interests of the city to proceed with the preparation of plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1.WSB and Associates, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 2.City staff is authorized to execute a professional services agreement with WSB and Associate, Inc., in the amount of $155,500. Such agreement shall be subject to execution of the Joint Powers Agreement with the City of Centerville and related agreements therein. th Adopted by the Council of the City of Lino Lakes this 9day of September, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. 3 EngineeringPlanningEnvironmentalConstruction701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 August 26, 2013 City of LinoLakes Mr. Michael Grochala 600 Town Center Parkway LinoLakes,MN55416 st Re:Request for Proposal for 21Avenue Extension Plans & Specificationsand Construction Management Dear Mr. Grochala: As requested by the City of LinoLakes, the following proposal details the tasks that reflect our understanding of the City’s needs to complete theplans and specifications and manage the st construction for the 21Avenue extensionproject: I.Final Design WSB will create removal plans, proposed pavement and road geometrics, watermain and sanitary sewer plans, storm water drainageand ponding,wetland delineation and mitigation coordination, signing and striping plans, signal modification plans, specifications, and all necessary permitting including the RiceCreek Watershed District, Minnesota Pollution Control Agency, Anoka Countyand Minnesota Department of Health. II.Bid Administration WSB will prepare a cost estimate and schedule for the proposed improvements, attend meetings with the City as necessary, and coordinate the advertising and bidding of the project including making a recommendation to the City Council on the selection of a contractor. III.Assessments WSB will prepare the final cost share distribution as outlined in the City’s Joint Powers Agreement with the City of Centervillebased on thefinal construction costs. IV.Contract Administration WSB will manage the contract for the construction of the proposed improvements including the coordination of insurance and bond documentation, monthly pay requests, Minneapolis St. Cloud Equal Opportunity Employer Mr. Michael Grochala August 26, 2013 Page 2 documentation on daily work completed by the contractor, review of shop drawings, and preparation of the final project closeout. V.Construction Observation & Surveying WSB will provide the necessary construction surveying and staking required for the installation of all improvements. In addition, full time constructionobservation will be provided. Depending on the contractor’s schedule and weather conditions the number of hours needed for constructionobservation may vary. The engineering fee to complete Tasks I thruVis $155,500(not to exceed) . Although unlikely, any additional tasks that may arisewill be billed at WSB’s hourly rate, and will be provided to the City in a separate scope of work for authorization prior to initiating such additional work. st This letter represents our complete understanding of the 21Avenue ExtensionProjectand the proposed scope of servicesfor final plans and construction management. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, pleasefeel free tocall meat 763-287-8520. Sincerely, WSB & Associates, Inc. Jason C. Wedel, PE Senior Project Manager TASKS I thru VACCEPTED BY: City of Lino Lakes Name Title Date CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR:Jason C. Wedel, City Engineer MEETING DATE:September 9, 2013 TOPIC:Consider Resolution No. 13-99, Accepting Quotesand Awarding a Contract for the 2013Surface Water ManagementProject VOTE REQUIRED:3/5 Vote Required BACKGROUND As part of the annual budget, the City Council approved $125,000 for surface water improvement projects in 2013. The City is required to make repairs and maintain our existing storm water infrastructure per our MS4 permitwith the Minnesota Pollution Control Agency. In 2012, the City replaced a number of smaller culverts, cleaned out ditches and ponds, and replaced several storm sewer structures.In all, work was done in nine different areas throughout the City. This year we have included threehigh priority areas that need repairs in the same general area of the City and combined them into one project. The proposed project areas are shown on the attached map. The threedifferent locations in this year’s projectincludework suchas culvert replacement and cleaning, the addition of catch basins and storm sewer in low areas that currently pond water, and sediment removal from existing ditches. Plans were prepared and sent out to contractors for quotes. The City receivedthreequotes and they are as follows: ContractorAmount of bid C.W. Houle$69,988.00 Penn Contracting$87,144.00 Minnesota Utilities & Excavating$103,044.00 Engineer’s Estimate$81,360.00 The total budget for this project breaks down as follows: Engineering (Approved by City Council 6/10/13)$19,500.00 C.W. Houle Quote$69,988.00 Total$89,488.00 The completion date for the project is October 31, 2013. RECOMMENDATION Staff recommends adoption of Resolution 13-99Accepting Quotesand Awarding a Contract for the 2013Surface Water ManagementProject. ATTACHMENTS 1.Resolution No. 13-99 2.Location Map CITY OF LINO LAKES RESOLUTION NO. 13-99 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT FOR THE 2013SURFACE WATER MANAGEMENTPROJECT WHEREAS ,pursuant to arequest for quotes for the storm water maintenance project, quotes were received, and the following quotes were received complying with the request ContractorAmount of Quote C.W. Houle$69,988.00 Penn Contracting$87,144.00 Minnesota Utilities & Excavating$103,044.00 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 C.W. Houle, in the name of the City ofLino Lakes for the 2013Surface Water Management Project. th Adoption by the Lino Lakes City Council this 9day of September, 2013 The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: JeffReinert, Mayor ATTEST: Julie Bartell, City Clerk 108th Ave Ne Fairmont Dr. Drainage Improvement Sunset Dr. Drainage Improvement Gladstone Dr. Drainage Improvement 2013 Surface Water Management Project City of Lino Lakes MN 1 inch = 300 feet