HomeMy WebLinkAbout04-13-2006 Charter Packet AGENDA
LINO LAKES CHARTER COMMISSION ' '
1C
THURSDAY
April 13, 2006
Community Room
6:30 P.M.
1. Call to Order and Roll Call
2. Approval of Agenda 6:30 PM
3. Open Microphone 6:31 PM
4. Approval of Minutes 6:32 PM
5. New Business
A. Kennedy and Graven Charter Reviews: YMCA and Legacy 6:35 PM
B. Citizen Petition re Council Members on the Charter Commission 6:55 PM
C. Discussion of Term Limits of Commissioner's in By-laws 7:25 PM
(Commissioner Bening)
D. Discussion of the Definition of the Commission's Role 7:35 PM
(Commissioner Bening)
E. Assessable projects/neighborhood-related concerns 7:50 PM
(Commissioner Trehus)
6. Old Business
A. Road Reconstruction 8:10 PM
B. Five-Year Plan 8:25 PM
C. Eminent Domain 8:26 PM
D. Review of City Council Minutes 8:45 PM
E. Set Agenda for July 2006 Meeting 8:46 PM
7. City Update
information only-no discussion
8. Adjourn 9:00 PM
Chair: Paulette Warren Vice Chair: Cori Duffy Secretary: Caroline Dahl
651-484-4678
'WORK SESSION ITEM I
LAw Omc Es OF
William G. Hawkins and Associates
2140 Fouwm AVENUE Norm
Legal Assistants ANOKA,MmEsou 55303
WiLLiAM G.HAwKws TAMMI J. UvEGEs PHONE(763)427-8877
BARRy A. SuLLIVAN HOLLY G.PROvo FAX(763)421-4213
E-MAiLHawkLawI@aol.com
4�-VI
April 25, 2006
JAA
Julianne Bartell
Lino Lakes City Clerk P/2 C
Lino Lakes City Hall_ L� �
J
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Proposed Amendment to Lino Lakes City Charter
Dear Julie:
I have reviewed the letter dated April 24, 2006 from Ms. Warren, the Chair of the
Lino Lakes Charter Commission, regarding the proposed amendment to the Charter.
In the letter, Ms. Warren asks this office to advise whether a Charter amendment
agreed upon by the City Council �nd the Charter Commission may be ratified without
presentation on the ballot.
The manner of adopting and amending city charters is contained in Minn. Stat. Chap.
A Q. Section 410.12 (2004) sets forth the different procedures to be utilized when
amending a charter. There is more than one procedure. In the current process, the
City is amending the Charter pursuant to Section 410.12, Subd. 5. Under that
process, the City Council proposes a Charter amendment to the voters by ordinance.
The proposed ordinance is to be submitted to the Charter Commission which has 60
days to review and shall approve, reject or suggest a substitute amendment. The
Charter Commission can extend the review period for an additional 90 days by filing
with the City Clerk a resolution determining that an extension is necessary. The
Charter Commission is to notify the City Council of its action. The City Council may
then submit the proposal to the voters. If approved by 51% or more of the voters,
the amendment would take effect. All Council approvals require a simple majority.
Ms. Julianne Bartell
April 25, 2006
Page 2
There is a different procedure that can be followed and which potentially does n t
involve submitting charter amendments to the voters on a ballot. This procedure is
set orth in § 410.12, Subd. 7. Under this procedure, it is initiated by a
recommendation from the Charter Commission to the City Council to enact an
ordinance amending the Charter. The City Council can adopt the ordinance but the
vote adopting the ordinance requires an unanimous vote of the City Council members.
There must also be a public hearing. The ordinance does not become effective until
90 days after passage to allow for a counter-petition requesting a referendum on the
ordinance. If an adequate petition is received, the ordinance would not be effective
until approved by voters.
In this case, the proposed Charter amendment was initiated by citizens and not a
recommendation from the Charter Commission. Consequently, the City Council is
following the correct procedure. Should the Charter Commission wish to
affirmatively recommend adoption of the Charter amendment to the City Council, the
City Council could hold a public hearing and vote on the matter. If there was a
unanimous vote to approve, the Charter amendment would be approved subject to
the referendum procedures. If the vote is less than unanimous, the proposed
amendment fails.
realize that the City Council unanimously approved the proposed Charter
amendment, i.e., unanimously approved sending the proposed amendment to the
Charter Commission for review and comment. While it may be that the City Council
would unanimously approve the Charter amendment based upon a recommendation
from the Charter Commission, it may also be that one or more members of the City
Council believe that the process should involve the voters as the proposed
amendment does reflect a change in public policy. In other words, substantive
changes to the Charter and the manner in which subsequent changes to the Charter
are made are two separate policy questions.
^� Ms. Julianne Bartell
April 25, 2006
Page 3
1 trust this letter answers the questions which were raised. If you wish to discuss the
issue further, please do not hesitate to call.
Siflcerely, ,!
�arry A' I Ivan
BAS/tju
cc: Gordon Heitke
Paulette Warren
Mayor John Bergeson and Members of the Lino Lakes City Council
Charter Commission r
January 12, 2006 DRAFT
Page 1
1
2 CITY OF LINO LAKES
3 CHARTER COMMISSION
4
5
6 DATE : January 12,2006
7 TIME STARTED : 6:35 P.M.
8 TIME ENDED : 9:45 P.M.
9 MEMBERS PRESENT : Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening,
10 Duffy,Bor,Richard Williams,Rosemary Williams,
11 Storberg,Warren,Montain and Carlson
12 MEMBERS EXCUSED : Zastrow
13 MEMBERS UNEXCUSED : None
14 STAFF MEMBERS PRESENT : City Clerk,Julianne Bartell(part)
15
16
17 SWEAR IN COMMISSIONERS
18
19 City Clerk Bartell swore in Charter Commissioner's Aldentaler,Bening,Dahl,Montain, Trehus,
20 Vacha and Rosemary Williams.
21
22 CALL TO ORDER AND ROLL CALL
23
24 Chair Trehus called the regular meeting of the Lino Lakes Charter Commission to order at 6:35
25 p.m. on January 12, 2006.
26
27 APPROVAL OF AGENDA
28
29 Chair Trehus added item 4B, Communication with New City Clerk and item 7E, Review of City
30 Council Minutes.
31
32 OPEN MIKE
33
34 No one was present for open mike.
35
36 COMMUNICATION WITH NEW CITY CLERK
37
38 City Clerk Bartell advised there is a list of Commissioners on the back table. She asked if
39 everyone would update his or her contact information. She advised there is also a calendar with
40 tentative meeting dates in Commissioner's packets. If the Commission would like to approve the
41 schedule the City can advertise all of the meetings at one time to save in advertising costs.
42
43 City Clerk Bartell referred to a letter from Public Services Director DeGardner indicating the
44 Charter Commission file cabinet is now in the Community Room closet.
1
Charter Commission
January 12, 2006 DRAFT
Page 2
45
46 Chair Trehus stated the Charter Commission used to get City Council minutes in their packets.
47 Most of the Commission now gets them through the website. However, the minutes on the
48 website are not up to date.
49
50 City Clerk Bartell stated the month of December 2005 are the only minutes that have not been
51 posted due to the accelerated Council calendar in December. When those minutes are approved,
52 they will be posted. City Clerk Bartell noted which Commissioner's would still like hard copies
53 of the Council meeting minutes.
54
55 Commissioner Dahl requested a list of the updated contact information for Commissioner's.
56
57 Chair Trehus stated Commissioner's also need a copy of the approved Charter Commission
58 minutes for previous meetings in the subsequent meeting packet.
59
60 MOTION by Commissioner Vacha, second by Commissioner Dahl, to approve the proposed
61 meeting schedule and advertise all of the meetings at one time.
62
63 Commissioner Duffy noted last year the July meeting was rescheduled. City Clerk Bartell
64 advised meetings could be changed and posted even after they are advertised.
65
66 Commissioner Montain expressed concern regarding the meetings not being published
67 throughout the year. He stated the meetings and City Charter get more exposure if they are
68 advertised throughout the year.
69
70 MOTION carried with Commissioner's Bening,Bor,Montain, Aldentaler and Trehus voting no.
71
72 The Commissioner determined the meetings for 2006 would be advertised at this time as
73 proposed. The meetings may be changed due to availability of the Commissioner's.
74
75 Chair Trehus stated the new file cabinet in the Community Room is not acceptable. The
76 Commission purchased their own file cabinet and would like it back. The location of the file
77 cabinet is not acceptable either.
78
79 MOTION by Commissioner Montain, second by Commissioner Warren, to direct the Chair to
80 have communication with the City about putting the Charter records back in the Commission's
81 file cabinet and have it located in a secure place. Motion carried unanimously.
82
83 APPROVAL OF MINUTES
84
85 April 14,2005—MOTION by Commissioner Duffy, seconded by Commissioner Handrick, to
86 approve the April 14, 2005, Charter Commission meeting minutes. Motion carried with
87 Commissioner's Montain and Bening abstaining.
88
2
Charter Commission
January 12, 2006 DRAFT
Page 3
89 August 4,2005—Commissioner Bening noted he was present at the August 4, 2005 meeting and
90 would like his name added.
91
92 MOTION by Commissioner Duffy, seconded by Commissioner Bening to approve the August 4,
93 2005, Charter Commissioner meeting minutes, as amended. Motion carried with
94 Commissioner's Warren and Montain abstaining.
95
96 October 13, 2005—Commissioner Storberg stated the minutes are very short for a 3-%2 hour
97 meeting.
98
99 Commissioner Bening referred to page 4, line 151 and corrected the sentence to read"and the
100 statute sets a uniform standard throughout the state regarding this issue."
101
102 Commissioner Bor referred to page 2; line 55 and stated Councilmember Reinert did not provide
103 a historical background regarding road reconstruction. She stated that sentence does not reflect
104 what was discussed and is not true. She suggested the sentence read, "Councilmember Reinert
105 provided a historical background regarding the City's Charter noting why the Home Rule Charter
106 was established."
107
108 Commissioner Storberg stated she believes there is too much missing from the meeting minutes.
109 She suggested the minutes be redone.
110
111 MOTION by Commissioner Storberg, seconded by Commissioner Carlson,to send the minutes
112 back and have them redone.
113
114 Commissioner Carlson amended the motion to include that the minutes should be investigated to
115 determine where the rest of them are. He suggested the minutes be tabled for now.
116
117 Commissioner Montain stated there is nothing wrong with the minutes and very little was
118 accomplished at that meeting. He suggested the minutes be approved with the corrections noted.
119
120 Motion failed.
121
122 MOTION by Commissioner Montain, seconded by Commissioner Bening,to approve the
123 October 13, 2005, Charter Commission meeting minutes, as amended. Motion carried with
124 Commissioners Storberg, Handrick and Carlson voting no.
125
126 REPORTS OF THE CHAIR
127
128 Improvement Proiects: West Shadow Lake Dr. and Shenandoah,2005—Chair Trehus
129 referred to the two road reconstruction projects. He stated West Shadow Lake Drive did not pass
13o and Shenandoah was petitioned against. He noted there were many signs in the neighborhoods
131 for and against the projects. The vote on the actual referendum was a mixed vote. He stated he
3
Charter Commission
January 12, 2006 DRAFT
Page 4
132 believes this is going to come up as a debate. He referred to an article in the City newsletter
133 indicating the Charter is to blame for the failed referendum.
134
135 Commissioner Bor stated she would like to understand why those particular projects were on the
136 referendum as opposed to other streets within the City.
137
138 Commissioner Montain stated the bigger question is whose failure was it, the City, Council,
139 Charter,residents, etc. The City needs to find a better way to market the program.
140
141 Commissioner Warren stated bundling roads by classification would be more reflective of the
142 state of the roads and perhaps have a better chance of passing. She stated the challenge is to find
143 a way to make the process work without changing the Charter and educating residents about the
144 Charter. Residents should not blame the Charter when a project fails. Find a smoother process
145 should be a priority for the Commission.
146
147 Improvement Proiect Activity in Other Neighborhoods,2005—Chair Trehus distributed
148 information regarding petitions for road improvements on Lois Lane,Marilyn Drive/Country
149 Lane and Lakeview Drive. He advised the City has started surveying residents after receiving a
150 petition allowing residents to be aware of approximate costs before moving forward with a
151 feasibility study.
152
153 Commissioner Duffy stated it makes sense to survey people before the City orders a feasibility
154 study and has to carry those costs. She suggested the possibility of amending the Charter to
155 include surveys in the process. She also stated the Charter Commission should be notified about
156 these petitions.
157
158 Chair Trehus stated he believes the petitions should be forwarded to the Charter Commission.
159
160 Commissioner Montain stated the only issue of the Commission is whether or not the Charter is
161 being followed.
162
163 Chair Trehus stated the Commission is also here to make sure the Charter is good for the City
164 and if it is working. The Commission needs these kinds of details to determine that.
165
166 OLD BUSINESS
167
168 Road Reconstruction—Chair Trehus introduced the Road Reconstruction issue and stated it is
169 tied into the Charter.
170
171 Commissioner Montain noted there are two ways to change the Charter if it is not working in
172 terms of road projects.
173
174 Commissioner Bor suggested City Administrator Heitke attend a meeting and discuss how
175 administrations views the role of the Charter Commission.
4
Charter Commission
January 12, 2006 DRAFT
Page 5
176
177 Commissioner Warren stated the Commission should look at the Charter itself and make sure
178 every Commissioner fully understands the Charter. Then the Commission can determine if there
179 should be possible amendments.
180
181 Chair Trehus stated the Commission needs to make sure it preserves the public component
182 within the City process. Maybe if the City had a better road reconstruction process, the projects
183 would have been successful. The City could implement a better process with a new policy or a
184 Charter amendment.
185
186 Commissioner Vacha suggested the Commission develop a flyer to send to residents to increase
187 Charter awareness and understanding.
188
189 The Commissioner directed Commissioner Dahl to confer with City staff regarding new residents
190 still receiving a welcome packet and letter referring to the City's Charter.
191
192 Chair Trehus stated he would like to get back to road reconstruction and have a discussion on
193 whether or not there is going to be a Charter amendment this year to change the road
194 reconstruction process.
195
196 MOTION by Commissioner Montain, seconded by Commissioner Richard Williams, to not
197 change the Charter tonight.
198
199 Chair Trehus stated he believes the Commission should do its own work, separate of the City,to
200 investigate ways to make the City process better. That work may or may not result in a proposed
201 Charter amendment. He made suggestions such as a petition form, City surveys, and a new
202 policy put in place and enhancement of neighborhood meetings.
203
204 Commissioner Bor called the question.
205
206 Motion passed with Commissioner's Duffy and Trehus voting no.
207
208 Commissioner Montain stated he is open to Chair Trehus' suggestions for a better process. He
209 asked that Chair Trehus write those ideas down and this issue be placed on the agenda for
210 discussion at the next meeting.
211
212 Commissioner Storberg added she would also like her questions of City staff regarding the City
213 process be answered and included in that discussion.
214
215 Commissioner Bening suggested forming a subcommittee to address this issue.
216
217 Commissioner Carlson stated the whole Commission should be involved in the process.
218
5
Charter Commission
January 12, 2006 DRAFT
Page 6
219 Five-Year Plan—Commissioner Montain stated he is glad there is Five-Year Plan in place but is
220 not happy with the lack of detail regarding road reconstruction. The whole purpose of the Plan is
221 to map out projects for the next five years. There is no plan for road reconstruction
222
223 Commissioner Duffy pointed out the line items within the Plan that relate to road reconstruction.
224
225 Commissioner Montain stated he had overlooked those items and that is exactly the detail he was
226 looking for.
227
228 Commissioner Duffy stated she has questions about some of the assumptions made within the
229 Plan such as the inflation rate. She indicated those assumptions should also be included in the
230 Plan.
231
232 Commissioner Dahl advised Finance Director Rolek as indicated Commissioner's that have any
233 questions about the Five-Year Plan could contact him directly.
234
235 Commissioner Montain excused himself from the meeting at 9:00 p.m.
236
237 Eminent Domain—Commissioner Dahl distributed information on eminent domain. She
238 indicated she and Commissioner Bening attended a meeting regarding this issue.
239
240 Commissioner Bening stated they attended a state legislature hearing. The purpose of the hearing
241 was to get input on the proposed changes to the state statutes in regarding to eminent domain.
242 The changes would prevent people from losing their property. He noted the proposed changes
243 are in a draft form and would probably be revised based on input from that hearing.
244
245 Annual Charter Commission Budget/Expenses—Chair Trehus advised there was a handout in
246 the packets outlining the Commission's budget for 2005 and 2006. State statute says the
247 Commission can spend $1,500 for fees relative to amending the Charter. The Commission can
248 also request more money from the Council. He noted he is not sure if the Commission can use
249 their own attorney or if legal questions have to be addressed by the City Attorney.
250
251 Commissioner Warren suggested the Commission discuss with the Council what type of budget
252 the Commission believes it needs.
253
254 Chair Trehus stated that request would be made through the budget process.
255
256 Chair Trehus suggested the Commission move on the Election of Officers noting the changes
257 would take place at the next meeting.
258
259 Election of Officers—Commissioner Warren nominated Chair Trehus for Chair of the
260 Commission, seconded by Commissioner Vacha. Chair Trehus declined the nomination stating
261 he would like someone else have the opportunity to Chair.
262
6
Charter Commission
January 12, 2006 DRAFT
Page 7
263 Commissioner Carlson nominated Commissioner Warren for Chair of the Commission, seconded
264 by Commissioner Vacha. Commissioner Warren suggested someone with more experience
265 should Chair the Commission.
266
267 The Commission voted and Commissioner Warren was elected Chair of the Charter
268 Commission.
269
270 Vice-Chair Carlson indicated he would decline a nomination to Vice-Chair the Commission.
271
272 Commissioner Handrick nominated Commissioner Duffy for Vice-Chair of the Commission,
273 seconded by Commissioner Carlson.
274
275 The Commission voted and Commissioner Duffy was elected Vice-Chair of the Charter
276 Commission.
277
278 Commissioner Vacha nominated Commissioner Dahl for Secretary of the Commission, seconded
279 by Commissioner Carlson.
280
281 The Commission voted and Commissioner Dahl was elected Secretary of the Charter
282 Commission.
283
284 Chair Trehus stated he would entertain a motion to move to the Annual Reports and table the rest
285 of the agenda.
286
287 MOTION by Commissioner Dahl, seconded by Commissioner Handrick, to move to the Annual
288 Reports and table the rest of the agenda to the April 2006 meeting. Motion carried unanimously.
289
290 Charter Review of City Council Minutes—This item was tabled to the April 2006 meeting.
291
292 NEW BUSINESS
293
294 Kennedy and Graven Charter Review: YMCA and Legacy- This item was tabled to the
295 April 2006 meeting.
296
297 Citizen Petition regarding Council Members on the Charter Commission—This item was
298 tabled to the April 2006 meeting.
299
No Discussion of Term Limits of Commissioners in By-laws (Commissioner Bening)—This item
301 was tabled to the April 2006 meeting.
302
303 Discussion of the Definition of the Commission's Role (Commissioner Bening)—This item
304 was tabled to the April 2006 meeting.
305
7
Charter Commission
January 12, 2006 DRAFT
Page 8
306 Approval of Annual Charter Commission Reports—Chair Trehus advised the 2004 and 2005
307 Annual Reports were included in the packets.
308
309 MOTION by Commissioner Bening, seconded by Commissioner Duffy, to approve the 2004
310 Annual Report, as presented. Motion carried unanimously.
311
312 Chair Trehus advised the Annual Reports of the Charter Commission are forwarded to the
313 District Judge.
314
315 Commissioner Bening referred to the 2005 Annual Report and the paragraph regarding road
316 reconstruction. He asked that the last statement be stricken.
317
318 Commissioner Warren suggested the sentence before that statement be amended to read, "This
319 project went to a referendum and was rejected by the voters by a 5-3 margin."
320
321 Commissioner Handrick excused herself from the meeting at 9:40 p.m.
322
323 MOTION by Commissioner Bening, seconded by Commissioner Warren,to approve the 2005
324 Annual Charter Commission Report as amended. Motion carried unanimously.
325
326 Set April 2006 Meeting Agenda—Chair Trehus set the following agenda for the April 2006
327 Charter Commission Meeting:
328
329 1. Call to Order and Roll Call
330 2. Approval of Agenda
331 3. Open Microphone
332 4. Approval of Minutes
333 A. January 12,2006
334
335 5. Old Business
336 A. Road Reconstruction
337 B. Five-Year Plan
338 C. Eminent Domain
339 D. Review of City Council Minutes
340
341 6. New Business
342 A. Kennedy and Graven Charter Reviews: YMCA and Legacy
343 B. Citizen Petition regarding Council Members on the Charter Commission
344 C. Discussion of Term Limits of Commissioner's in By-laws (Commissioner
345 Bening)
346 D. Discussion of the Definition of the Commission's Role (Commissioner
347 Bening)
348 E. Set Agenda for July 2006 Meeting
349
8
Charter Commission
January 12, 2006 DRAFT
Page 9
350 7. Adjourn
351
352 ADJOURN
353
354 MOTION by Commissioner Vacha, seconded by Commissioner Bening,to adjourn the meeting
355 at 9:45 p.m. Motion carried unanimously.
356
357
358 Respectfully Submitted,
359
360 Kim Points
361 Timesaver Off Site Secretarial, Inc.
362
9
MEMORANDUM
To: Lino Lakes Charter Commission
From: Julie Bartell, City Clerk
Date: April 7,2006
Re: Proposed Charter Amendment
Two Lino Lakes residents submitted a petition requesting a Charter amendment to
the City Council on September 26, 2005. The amendment would change the City
Charter to not allow City Council Members (including the Mayor)to also be members
of the Lino Lakes Charter Commission. Based on a review of the petition by the City
Attorney and a determination that the petitioners are not attempting to institute an
amendment under Minnesota Statutes, Section 410 as the petition does not meet the
requirements of that statute, the petition was found to be "advisory" in nature and
considered a request for ballot consideration by the City Council.
The Council directed staff to prepare a timeline indicating the process and schedule
such an amendment could follow in order to be presented on the November 7, 2006
ballot. That schedule was reviewed at the Council's March 13 work session and
direction was given to prepare the amendment for referral to the Charter
Commission, the first step in the process designated by Minnesota Statutes, Section
410.12, Subd 5 Amendments Proposed by Council. The amendment has been
drafted in ordinance form and received its first reading by the City Council on March
27, 2006. Second reading and referral to the Charter Commission is anticipated at
the April 10, 2006 City Council Meeting and will appear on the April 13, 2006 Charter
Commission agenda.
As indicated in the attached timeline, under Minnesota Statutes, Section 410.12, the
Charter Commission would have up 60 days from the date of the City Council referral
to approve, reject or submit a substitute for the amendment to the Council. In the
event the Commission requires more time, a 90 day extension period is allowed with
approval of a resolution. The 60 day time period would end on June 9 and a 90 day
extension would end on September 7. The language, approved by the Council, must
be submitted for the ballot no later than September 1 for inclusion on the 2006 ballot.
0 Page 1
When the Charter Commission chair was informed of the impending Council referral
of this matter, she requested additional information regarding the policies of other city
committees (e.g. zoning, economic development, etc). I have not been able to
determine that there is a written policy or rule of any of the advisory groups relative to
their membership.
ATTACHMENTS
1. The petition (sample page) and City Attorneys opinion;
2. Minnesota Statutes, Section 410.12, relating to charter amendments;
3. Timeline for consideration of a Charter Amendment by ordinance;
4. Proposed Ordinance No. 04-06
9 Page 2
Robert Bening Al Demotts 09/26/2005
6788 E Shadow Lake Road 7140 Rice Lake Road
The Petition.
Petition To Stop A Conflict Of Interest
We the undersigned, who are registered voters in the City of Lino Lakes (the City),
request the City Council and/or the City Charter Commission to place on the
November, 2006 state general election a referendum. This referendum would amend
the City Charter to not allow the City Council members (including the Mayor) to also
be members of the Lino Lakes Charter Commission.
Proposed chance to the Charter.
On page three of the Lino Lakes City Charter.
In Chapter II Section 2.04 insert"be a member of the City Charter Commission,".
Section 2.04 would be as follows:
Section 2.04. Incompatible Offices. No member of the Council shall be a member of
the City Charter Commission,hold any paid municipal office or employment through
the City other than that to which elected.Further,until one(1)year after the expiration of
his/her term,no Mayor or Council Member shall be appointed or employed by the City in
a compensated position which was created,or the compensation for which was increased,
during his/her term as Mayor or Council Member.
Change to the Minnesota State Statutes
Chapter 410 Section .05 before August 1,2004
Subdivision 1. Appointment.
No person shall be disqualified from sensing on a charter
commission by reason of holding any other elective or appointive
office other than,Judicial
After August 1,2004
Except as otherwise provided in the charter,no person shall be
disqualified from serving on a charter commission by reason of
holding any other elective or appointive office other than
judicial. The charter may provide that members of the governing
body of the city cannot serve on the charter commission.
e
Petition To Stop A Conflict Of interest
We the undersigned, who are registered voters in the Citj of Lino Lakes (the City), request
the City Council and/or the City Charter Commission to place on the November, 2006 state
general election a referendum. This referendum would amend the City Charter to not allow
the City Council members (including the Mayor) to also be members of the Lino Lakes
Charter Commission.
Signature: '� Qom` v Q,lr�
"Please print last name"
Address: T+Wt 6mo at+Tr Zip Code: 5 So M 9
Signature: 1115?.IZZZ /r I! a
"Please print cast name"
Address:�p S v,, k Zip Code:
Signature: 4� /Z bi
� "Please print last name"
-Address: � ( In .(t Ab/11"� Zip Code: SSU
Signature:
"Please print last name" ci
7—
Add ss: �� ,/�? tr�l�ll—' 2 Zip Code:
Signature: ' L-�- /Ou:Zizh'�
"Please print last name
Addres$: 6 72,1 -�rl t'r/3 I)Zygz z,F Zip Code:
i
Signature: EjLl
"P print last name" 1
Address: eviT Zip Code:
Signature: 54a et er
nn "Please print last name"
Address: f o� ! 1 1 Y1 it hb�ii` T r� Zip Code: �So3 la - -
Signatu a.�+�s-i• /c.�
"Please print last name" `
Address: 13 �r ����� < . Zip Cod
-Sig ature: SL
" Please print last name"
Address: 13k6
r Zip Code: 3�3
Signature:Le�4.
"Please print last name" ,
Address: Zip Code:
LAw Omms OF
William G. Hawkins and Associates
2140 FouRm AvEmm Noma
ANOKA,1VMIIa MMA 55303
Legd Assistants 7
887-
WILLIAM G.HAWENs TAuNU J.UVSM Fax(763)PHONE(763)427 427887
421-4213
Bmmy A. SULLiVAN HOLLY G.PROVO E-MAIL HawkLaw 10 aoLcom
October 7, 2005
Ms. Jean Eger
Deputy Clerk
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Petition
Dear Jean:
I am responding to your fax regarding the petition submitted by Robert Bening and AI
Demotts to the City Council at the September 26, 2005 City Council meeting.
1 have reviewed the petition as well as the State statute pertaining to amendment of a
charter. The provisions in the City Charter are not applicable to the subject matter
that is listed in the petition since this is a request to amend the City Charter. The
applicable statute that would govern this procedure is Minn. Stat. § 410. Based upon
a review of the information submitted and the discussion at the City Council meeting,
it does not appear to me that the Petitioners are attempting to institute an amendment
to the Charter by petition as authorized in Minn. Stat. §(4_11.1Z The form of the
petition does not meet the requirements of State law.- sI-aw d. V e. t 0
it is my opinion that this is merely an advisory petition submitted to the City Council
requesting that the Council initiate a proposed ordinance to amend the Charter as
provided for in Minn. Stat. § 410, Subd. 5. ,The Council would have the discretion on
whether or notrto--pFopose such an ordinance, submit it to the Charter Commission
followed by submission to the voters for approval or rejection.
In conclusion, the Council has the discretion to determine whether or not to proceed
on this request but is not mandated to do so by the petition. if you have any
questions, please contact me.
tcer y
illiam G. Hawkins
WGH/tju
Nfinnesota Statutes 2005, 410.12 Page 1 of 4
410.12 Amendments.
Subdivision 1. Proposals. The charter commission may
propose amendments to such charter and shall do so upon the
petition of voters equal in number to five percent of the total
votes cast at the last previous state general election in the
city. Proposed charter amendments must be submitted at least 12
weeks before the general election. only registered voters are
eligible to sign the petition. All petitions circulated with
respect to a charter amendment shall be uniform in character and
shall have attached thereto the text of the proposed amendment
in full; except that in the case of a proposed amendment
containing more than 1,000 words, a true and correct copy of the
same may be filed with the city clerk, and the petition shall
then contain a summary of not less than 50 nor more than 300
words setting forth in substance the nature of the proposed
amendment. Such summary shall contain a statement of the
objects and purposes of the amendment proposed and an outline of
any proposed new scheme or frame work of government and shall be
sufficient to inform the signers of the petition as to what
change in government is sought to be accomplished by the
amendment. The summary, together with a copy of the proposed
amendment, shall first be submitted to the charter commission
for its approval as to form and substance. The commission shall
within ten days after such submission to it, return the same to
the proposers of the amendment with such modifications in
statement as it may deem necessary in order that the summary may
fairly comply with the requirements above set forth.
Subd. la. Alternative methods of charter amendment.
A home rule charter may be amended only by following one of the
alternative methods of amendment provided in subdivisions 1 to 7.
Subd. 2. Petitions. The signatures to such petition
need not all be appended to one paper, but to each separate
petition there shall be attached an affidavit of the circulator
thereof as provided by this section. A petition must contain
each petitioner's signature in ink or indelible pencil and must
indicate after the signature the place of residence by street
and number, or other description sufficient to identify the
place. There shall appear on each petition the names and
addresses of five electors of the city, and on each paper the
names and addresses of the same five electors, who, as a
committee of the petitioners, shall be regarded as responsible
for the circulation and filing of the petition. The affidavit
attached to each petition shall be as follows:
State of . . . . . . . . . . . . . . . . )
) ss.
County of . . . . . . . . . . . . . . . )
. . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and
says that the affiant, and the affiant only, personally
circulated the foregoing paper, that all the signatures appended
thereto were made in the affiant's presence, and that the
affiant believes them to be the genuine signatures of the
persons whose names they purport to be.
Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . .
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP_SEC&year—curr... 2/8/2006
Mnnesota Statutes 2005, 410.12 Page 2 of 4
(Signature of Circulator)
Subscribed and sworn to before me
this . . . . . . . day of . . . . . . . . . . . . .
Notary Public (or other officer)
authorized to administer oaths
The foregoing affidavit shall be strictly construed and any
affiant convicted of swearing falsely as regards any particular
thereof shall be punishable in accordance with existing law.
Subd. 3. May be assembled as one petition. All
petition papers for a proposed amendment shall be assembled and
filed with the charter commission as one instrument. Within ten
days after such petition is transmitted to the city council, the
city clerk shall determine whether each paper of the petition is
properly attested and whether the petition is signed by a
sufficient number of voters. The city clerk shall declare any
petition paper entirely invalid which is not attested by the
circulator thereof as required in this section. Upon completing
an examination of the petition, the city clerk shall certify the
result of the examination to the council. If the city clerk
shall certify that the petition is insufficient the city clerk
shall set forth in a certificate the particulars in which it is
defective and shall at once notify the committee of the
petitioners of the findings. A petition may be amended at any
time within ten days after the making of a certificate of
insufficiency by the city clerk, by filing a supplementary
petition upon additional papers signed and filed as provided in
case of an original petition. The city clerk shall within five
days after such amendment is filed, make examination of the
amended petition, and if the certificate shall show the petition
still to be insufficient, the city clerk shall file it in the
city clerk's office and notify the committee of the petitioners
of the findings and no further action shall be had on such
insufficient petition. The finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for
the same purpose.
Subd. 4. Election. Amendments shall be submitted to
the qualified voters at a general or special election and
published as in the case of the original charter. The form of
the ballot shall be fixed by the governing body. The statement
of the question on the ballot shall be sufficient to identify
the amendment clearly and to distinguish the question from every
other question on the ballot at the same time. If 51 percent of
the votes cast on any amendment are in favor of its adoption,
copies of the amendment and certificates shall be filed, as in
the case of the original charter and the amendment shall take
effect in 30 days from the date of the election or at such other
time as is fixed in the amendment.
Subd. 5. Amendments proposed by council. The
council of any city having a home rule charter may propose
charter amendments to the voters by ordinance. Any ordinance
proposing such an amendment shall be submitted to the charter
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAY CHAP_SEC&year=curr... 2/8/2006
Nfinnesota Statutes 2005,410.12 Page 3 of 4
commission. Within 60 days thereafter, the charter commission
shall review the proposed amendment but before the expiration of
such period the commission may extend the time for review for an
additional 90 days by filing with the city clerk its resolution
determining that an additional time for review is needed. After
reviewing the proposed amendment, the charter commission shall
approve or reject the proposed amendment or suggest a substitute
amendment. The commission shall promptly notify the council of
the action taken. On notification of the charter commission's
action, the council may submit to the people, in the same manner
as provided in subdivision 4, the amendment originally proposed
by it or the substitute amendment proposed by the charter
commission. The amendment shall become effective only when
approved by the voters as provided in subdivision 4. If so
approved it shall be filed in the same manner as other
amendments. Nothing in this subdivision precludes the charter
commission from proposing charter amendments in the manner
provided by subdivision 1.
Subd. 6. Amendments, cities of the fourth class.
The council of a city of the fourth class having a home rule
charter may propose charter amendments by ordinance without
submission to the charter commission. Such ordinance, if
enacted, shall be adopted by at least a four-fifths vote of all
its members after a public hearing upon two weeks' published
notice containing the text of the proposed amendment and shall
be approved by the mayor and published as in the case of other
ordinances. The council shall submit the proposed amendment to
the people in the manner provided in subdivision 4, but not
sooner than three months after the passage of the ordinance.
The amendment becomes effective only when approved by the voters
as provided in subdivision 4. If so approved, it shall be filed
in the same manner as other amendments.
Subd. 7. Amendment by ordinance. Upon recommendation
of the charter commission the city council may enact a charter
amendment by ordinance. Within one month of receiving a
recommendation to amend the charter by ordinance, the city must
publish notice of a public hearing on the proposal and the
notice must contain the text of the proposed amendment. The
city council must hold the public hearing on the proposed
charter amendment at least two weeks but not more than one month
after the notice is published. Within one month of the public
hearing, the city council must vote on the proposed charter
amendment ordinance. The ordinance is enacted if it receives an
affirmative vote of all members of the city council and is
approved by the mayor and published as in the case of other
ordinances. An ordinance amending a city charter shall not
become effective until 90 days after passage and publication or
at such later date as is fixed in the ordinance. Within 60 days
after passage and publication of such an ordinance, a petition
requesting a referendum on the ordinance may be filed with the
city clerk. Such petition shall be signed by qualified voters
equal in number to two percent of the total number of votes cast
in the city at the last state general election or 2, 000,
whichever is less. If the city has a system of permanent
registration of voters, only registered voters are eligible to
sign the petition. If the requisite petition is filed within
the prescribed period, the ordinance shall not become effective
until it is approved by the voters as in the case of charter
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAY CHAP_SEC&year=curr... 2/8/2006
Nfinnesota Statutes 2005, 410.12 Page 4 of 4
amendments submitted by the charter commission, the council, or
by petition of the voters, except that the council may submit
the ordinance at any general or special election held at least
60 days after submission of the petition, or it may reconsider
its action in adopting the ordinance. As far as practicable the
requirements of subdivisions 1 to 3 apply to petitions submitted
under this section, to an ordinance amending a charter, and to
the filing of such ordinance when approved by the voters.
HIST: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c
292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961
c 608 s 5, 6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998
c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1
hq://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=curr... 2/8/2006
Timeline for consideration of
Charter Amendment by City Council
(by ordinance)
City Council Meetings: Charter Commission City Council Meetings:
Meetings:
Latest dates for consideration would be August 14 or
March 13 and March 27 April 13,July 11 August 28 ."
F March April May June July August September October November
City Council considers City Council may elect to submit the amendment,as originally
amendment and can Charter Commission is allowed presented or as substituted by the Charter Commission,to the
approve referral,in 60 days from date of Council ballot. The Council fixes the ballot language and must submit
ordinance form,to the referral(May 12)or up to a.90" the amendment by September 1 for the 2006 General Election.
Charter Commission day extension is allowed with a The amendment would require a 51%approval vote to pass.
Charter Resolution(Aug 10);
Charter Commission may
approve;reject or submit a
substitute amendment,notifying
the City Council of their action.
Timeline is based on the provisions of Minnesota Statutes, Section 410.12.
Council Member moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. -06
AN ORDINANCE AMENDING CHAPTER 2 OF THE LINO LAKES CITY
CHARTER, AMENDING SECTION 2.04, INCOMPATIBLE OFFICES.
The City Council of the City of Lino Lakes does ordain:
Section 1.
That Chapter II, Section 2.04 Incompatible Offices is hereby amended to
read as follows:
Section 2.04 Incompatible Offices. No member of the Council shall be a
member of the City Charter Commission, hold any paid municipal office or
,-� employment through the City other than to which elected. Further, until one (1)
year after the expiration of his/her term, no Mayor or Council Member shall be
appointed or employed by the City in a compensated position which was created,
or the compensation for which was increased, during his/her term as Mayor or
Council Member.
John Bergeson, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2006.
The motion for the adoption of the foregoing ordinance was duly seconded by
Council Member and upon a vote being taken thereon, the following
voted in favor thereof:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
r
April 3, 2006
Lino Lakes Charter Commission Members,
At the September 26, 2005, Lino Lakes City Council meeting, I and Al DeMotts
presented to the Council a petition requesting an amendment to the City Charter to not
allow Council members and the Mayor to also be Charter Commission members. This
petition was signed by 528 citizens of Lino Lakes.
Also given to the Council was an information page containing the petition, proposed
change to the charter and various pertinent sections of the Minnesota State Statutes and
the City Charter. A copy of this information sheet is attached.
A copy of the complete petition, with signatures, had been given to the Charter
Commission Chair(Mike Trehus) at a previous Commission meeting.
Robert Bening
Robert Bening Al Demotts 09/26/2005
6788 E Shadow Lake Road 7140 Rice Lake Lane
The Petition.
Petition To Stop A Conflict Of Interest
We the undersigned, who are registered voters in the City of Lino Lakes (the City),
request the City Council and/or the City Charter Commission to place on the
November, 2006 state general election a referendum. This referendum would amend
the City Charter to not allow the City Council members (including the Mayor) to also
be members of the Lino Lakes Charter Commission.
Proposed change to the Charter.
On page three of the Lino Lakes City Charter.
In Chapter II Section 2.04 insert"be a member of the City Charter Commission,".
Section 2.04 would be as follows:
Section 2.04. Incompatible Offices. No member of the Council shall be a member of
the City Charter Commission,hold any paid municipal office or employment through
the City other than that to which elected. Further,until one (1)year after the expiration of
his/her term, no Mayor or Council Member shall be appointed or employed by the City in
a compensated position which was created, or the compensation for which was increased,
during his/her term as Mayor or Council Member.
Chantze to the Minnesota State Statutes
Chapter 410 Section .05 before August 1, 2004
Subdivision 1. Appointment.
No person shall be disqualified from serving on a charter
commission by reason of holding any other elective or appointive
office other than Judicial.
After August 1, 2004
Except as otherwise provided in the charter,no person shall be
disqualified from serving on a charter commission by reason of
holding any other elective or appointive office other than
judicial. The charter may provide that members of the governing
body of the city cannot serve on the charter commission.
Council authority to amend the Charter
Minnesota State Statute
CHAPTER 410 CLASSIFICATION; CHARTERS
Section: 12 Amendments
Subdivision 5. Amendments proposed by council. The
council of any city having a home rule charter may propose
charter amendments to the voters by ordinance. Any ordinance
proposing such an amendment shall be submitted to the charter
commission. Within 60 days thereafter, the charter commission
shall review the proposed amendment but before the expiration of
such period the commission may extend the time for review for an
additional 90 days by filing with the city clerk its resolution
determining that an additional time for review is needed. After
reviewing the proposed amendment, the charter commission shall
approve or reject the proposed amendment or suggest a substitute
amendment. The commission shall promptly notify the council of
the action taken. On notification of the charter commission's
action, the council may submit to the people, in the same manner
as provided in subdivision 4,the amendment originally proposed
by it or the substitute amendment proposed by the charter
commission. The amendment shall become effective only when
approved by the voters as provided in subdivision 4. If so
approved it shall be filed in the same manner as other
amendments. Nothing in this subdivision precludes the charter
commission from proposing charter amendments in the manner
provided by subdivision 1.
From page 5 of the Lino Lakes City Charter
CHAPTER III COUNCIL PROCEDURE
Section 3.04. ordinances,Resolutions and Motions. (Amended)
Subdivision 1. Except as otherwise provided in this Charter or state law, an affirmative
vote of three(3)or more members of the Council shall be required for the adoption of all
ordinances, resolutions, and motions. The votes of Council Members on any action taken
shall be recorded in accordance with state law
Memorandum
To: Charter Commission Members
From: Mike Trehus
Date: 4/5/06
Subject: Neighborhood Projects
I would like to offer the following for your consideration as improvements to the way we,as a
city,handle neighborhood projects. Please be familiar with Chapter 8 of the City Charter and all
recent neighborhood project activity when you read this.
A. Neighborhood surveys to be utilized in conjunction with or instead of petitioning processes
(see"F"below).
B. Develop and require the use of a standard petition form(this eliminates confusion and"word
games" such as the petition for a"feasibility study"on West Shadow Lake Drive).
C. Residents should be given a rough estimate of the cost of any contemplated project prior to a
feasibility study. Residents are then surveyed to determine interest.
D. Because feasibility studies are part of the assessment,residents must be notified of the study
cost in advance and given the opportunity to decide if a feasibility study would be conducted
(possibly at the time of the survey described in"C")in a majority-rule fashion.
E. Non-assessable projects such as bike paths would be subject to neighborhood approval in the
same manner as assessable projects. Since general fund money is used,this could be also be
a referendum question.
F. Proposed projects would fall into 2 categories. Ones that would restore street,curb,utilities,
etc.to"like new"condition and would not add new features,remove trees over 8"or alter the
road geometry would utilize a more streamlined process. All other types of projects would
follow a process that surveys affected residents,holds neighborhood meetings where
neighborhoods discuss potential options,and ultimately puts the project most suited to the
affected residents that is supported by those residents on the ballot.
G. Language should be firmed up so that referendums on projects do not occur before the
question of whether the affected residents want the project or not is answered. The would
insure that voters can vote in confidence that the project is desired by the neighborhood.
t
CITY �'OF
t
N KES
Memorandum
Date: April 7,2006
To: Charter Commission
From: Gordon Heitke
Re: Responses to March 15, 2006 Charter Commission Memo
The following questions (bolded) were included in a March 15, 2006 memo from the
Charter Commission.
1) Five Year Plan: passed by City Council and the date that it was passed,if
not why not and by what date it will be passed.
The Five Year Financial Plan has not been approved by the City Council. A
draft plan was presented to the City Council in November, 2005. The City
Council has since conducted a retreat this past February for the purposes of
discussing council goals and operations. During this session staff presented
concerns related to current policies and practices which may result in long
term financial challenges for the City and taxpayers. Areas of concern
included special assessment policies, street maintenance and reconstruction
schedules (per the Pavement Management Plan), outstanding debt and
financing decisions on past projects, reduction of state aids, and the impacts of
these and other factors on the future financial vitality of city fund balances.
The staff also recommended that the City Council assume a much more
involved role in analyzing the City's financial policies and conditions and in
the development of the Five Year Plan.
The City Council accepted the recommendations of staff and have committed
to holding special study sessions to conduct a comprehensive review of the
City's long-term financial situation. This review will provide the opportunity
for the Council to understand fully the long-term financial prospects of the
City and the issues which the Council must address relative to those prospects
and financial requirements.
The City Council agreed that it is best to undertake this financial analysis
prior to finalizing and adopting a Five Year Financial Plan. The actual timing
of completion and adoption of the Five Year Plan will be determined by the
City Council. Staff expects the plan to be completed in concurrence with the
annual budget process.
2) Eminent Domain:
See City Clerk Bartell's memo.
3) Any new citizen's petitions submitted to the city since Charter
Commission's January 2006 meeting.
No petitions have been received since the charter Commission's January
meeting.
4) Complete update on Road Reconstruction.
In accordance with the City Charter, the proposed street reconstruction
projects of West Shadow Lake Drive and the Shenandoah area can not be
placed on the ballot this year. As of this time, there is no reconstruction
projects planned to be placed on the ballot this November.
MEMORANDUM
To: Charter Commission
From: Julie Bartell, City Clerk
Date: April 7, 2006
Re: Eminent Domain
The Charter Commission requested an update the matter of eminent domain —where it
stands and what are the proposed changes.
The League of Minnesota Cities provided the attached update on what is under
consideration by the Minnesota Legislature, including the current bill. Due to the
nature of the process, this information could be outdated by the time you receive it;
updates on legislation can be found on the State Legislature's website at
http://www.leg.state.mn.us/leg/le_ iq s.asp
0 Page 1
April 5, 2006
Julie Bartell
City Clerk
City of Lino Lakes
Dear Ms. Bartell:
This e-mail is in response to your recent request for information
concerning any update on eminent domain. To this point, there is no
bill that has passed through both houses and signed by the Governor.
SF2750 (copy attached) passed the Senate on March 27th by a vote of 64-
2 and had its second reading on the House floor yesterday. It is
pretty clear the Legislature will pass, and the Governor will sign a
bill substantially restricting the use of eminent domain.
The League of Minnesota Cities provides these materials for general
informational purposes. It is not intended to provide legal advice and
should not be used as a substitute for competent legal guidance.
Consult your city attorney for advice concerning specific situations.
If you need further information or have any questions, feel free to
call me at 651-281-1224. I hope the provided information meets your
needs.
Respectfully,
/s/
Scott M. Kelly
Research Attorney
League of Minnesota Cities
Jam
Use Avery AE 5960T grossment - 84th Le=ve Sessi k*�960TM
Y 1-80 -GO-AVERY
0 Minnesota Revisor's Office
Lebislature Home.. ( Links to the World I Help I Advanced_Search
-
House_ I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes._Laws, an4
KEY: ^*ri^va^ removed, old language. underscored = added, new language.
Non: If you cannot see a difference in the key above,you can change the display_of stricken and underscored text.
Authors and Status L - I List-versions C_. Printable window I I Print help
S.F.No.2750,4th Engrossment-84th Legislative Session(2005-2006) Posted on,Mar 28,2006
1.1 A bill for an act
1.2 relating to eminent domain; defining public use or purpose; prohibiting the
1.3 of eminent domain for economic development; requiring clear and convincing
1.4 evidence for certain takings; providing for attorney fees and other additic
1.5 elements of compensation; making other changes in the exercise of eminent
1.6 domain; amending Minnesota Statutes 2004, sections 117.025; 117.036; 117.05
1.7 117.075, subdivision 1, by adding a subdivision; 117.085; 117.51; 117.52,
1.8 subdivision 1, by adding a subdivision; 163 .12, subdivisions la, lb; propoE
1.9 coding for new law in Minnesota Statutes, chapter 117.
1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. [117.0121 PREEMPTION; NO IMPLIED AUTHORITY.
1.12 Subdivision 1. Preemption. Notwithstanding any other provision of law,
1.13 any charter provision, ordinance statute, or special law, all condemning a
- --._... .....--'- ---- ....... . _._ . ........... --
1.14 including home rule charter cities and all other political subdivisions of
1.15 exercise the ower of eminent domain in accordance with the provisions of t
1.16 including all procedures, definitions, remedies, and limitations. Additiona
1.17 remedies, or limitations that do not deny or diminish the substantive and _E
1.18 and pirtections of owners under this chapter may be provided by other i-av
-- -
1.19 or charter. _
1.20 Subd 2 . No_implied authority. The power of eminent domain shad not OE
1.21 In order to exercise the power of eminent domain, the condemning authority
1.22 express grant of eminent domain authority.
1.23 Subd. 3 . Requirement of public use or public_-purpose. Eminent domain ma
1.24 only be used for a public use or public purpose.
2 .1 Sec. 2 . Minnesota Statutes 2004, section 117 .025, is amended to read:
2.2 117.025 DEFINITIONS.
2 .3 Subdivision 1. Words, terms, and phrases. tla 1&;i9;aa9.®--��-�r
2.4 1;at-a 1== Qi-g-ia -4ems For the purposes of this cf
2.5 other_general_or special law authorizing the exercise of the power of emine
2.6 words, terms, and phrases defined in this section have the meanings given t
2 .7 Subd. 2. Taking. "Taking" and all words and phrases of like import incl
2.8 interference, under the right of eminent domain, with the possession, enjoy
2.9 of private property.
2 .10 Subd. 3 . Owner. "Owner" includes all persons 4;; with ar.
2.11 in the property subject to a taking, whether as proprietors, tenants, lifE
2 .12 encumbrancers, beneficial interest holders, or otherwise.
2 .13 Subd. 4. Condemning authority. "Condemning authority" means a person oz
2 .14 entity with the power of eminent domain.
2.15 Subd. 5. Abandoned property. "Abandoned property" means property that:
2.16 been substantially unoccupied or unused for any commercial or residential
2 .17 least one year by a person with a legal or equitable right to occupy the pY
2 .18 been maintained; and (3) for which taxes have not been paid for at least tk
2 .19 Subd. 6. Blighted area. "Blighted area" means an area:
2.20 (1) that is zoned and used for urban use; and
2.21 (2) where more than 502ercent of the buildings are structurally substandaz
in
�w096S falktig"c nts%20and%20= rtell\I OSetting§ 0� �965 q! aj wl
������� , anoq! aadwl
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 2 of 10
2.22 Subd. 7 . Structurally substandard. "Structurally substandard" means:
2.23 (a) a building:
2 .24 (1) that was inspected by the appropriate local government and cited for or-
2 .25 enforceable housing, maintenance, or building code violations;
2.26 (2) in which the cited building code violations involve one or more of the
. -..- ._. - -- - - - ...
2.27 (i) a roof and roof framing element;
2 .28 (ii) support walls, beams, and headers;
2.29 (iii) foundation, footings, and subgrade conditions;
2.30 (iv) light and ventilation;
2 .31 (v) fire protection, including egress;
2 .32 (vi) internal utilities, including electricity,_ gas, and water;
2 .33 (vii) flooring and flooring elements; and
2.34 (viii walls,--insulation, and exterior envelope;_
2.35 (3) in which the cited housing maintenance, or building code violations ha
2.36 been remedied after two notices to cure the noncompliance;_ and
3 .1 (4) has uncured housing, maintenance, and building code violations, satisfy
3.2 of which would cost more than 50 percent of the assessor's taxable market v
3.3 building, excludi�land value, as determined under section 273.11 for proF
3.4 payable in the year in which the condemnation is commenced; or
3.5 (b) a building_that, as of the date the condemnation is commenced, is unsaf
3.6 lacking in basic equipment.
__._ . __....-..
3.7 A local government is authorized to gain access to inspect any building in
3.8 development or redevelopment area upon showier of-probable-cause that the r
3 .9 structurally substandard. Items of evidence that support a conclusion of pz
3 .10 may include recent fire-or---police inspections, on-site property tax apQrais
3.11 inspections, exterior evidence of deterioration, or ........ -- _- _..........------ ...
3.12 Subd. 8. Environmentally contaminated area. "Environmentally contaminat
3.13 area" means an area:
3.14 (1) in which more than 50 percent of the parcels contain any substance defi
3.15 re...gulated, or listed as a hazardous substance, hazardous material,__hazardou
. -- - _
3.16 waste, pollutant, contaminant, or toxic substance, or identified as hazardc
_.._. ....-- ---- - _ -_.. - ... - ._..._.
3.17 health or the environment under state or federal law or regulation; and
3.18 (2) for which the estimated costs of investigation, monitori q and testing,
3.19 remedial action or removal, as defined in section 115B.02, subdivisions 16
3.20 respectively, including any state costs of remedial actions, exceed 100 pez
3.21 assessor's estimated market value for the contaminated parcel, as determine
3.22 273.11, for property taxes payable in the year in which the condemnation cc
3.23 for which a court of com_petent jurisdiction has issued an order under law c
3.24 adopted by Minnesota or the United States, that clean up or remediation of
3.25 site occur and the property owner has failed to comply with the court's orc
3.26 a reasonable time.
3.27 Subd. 9. Public nuisance. "Public nuisance" means a public nuisance unc
3 .28 section 609.74.
3.29 Subd. 10. Public service corporation. "Public service corporation" mear.
3.30 utility, as defined by section 116C.52, subdivision 10; gas, electric, tele
3.31 communications company; cooperative association; natural gas pipeline compa
_........ -- -
3 .32 oil, or petroleum products pipeline company; municipal utility; municipalit
3 .33 operating its municipally-owned utilities; or municipal power__agency. Publi
3.34 corporation also means a municipality or public corporation when operating
3.35 under chapter 360 or 473, a common carrier, a watershed district, or a drai
4.1 Public service corporation also means an entity operating -a regional_ distri
4.2 within an international economic development zone designated under section
4.3 Subd. 11. Public use, public_purpose. (a) "Public use" or "public-purpc
4.4 exclusively:
4.5 (1) the possession, occupation, ownership, and enjoyment of the land by the
4.6 public, or by public-agencies;
4.7 (2) the creation or functioning of a public service corporation;
4.8 (3) mitigation of a blighted area, remediation of an environmentally contatr
4.9 area, reduction of abandoned property, or removal of a public nuisance; or
4.10 (4) the provision of physical or financial assistance to a governmental uni
file://C:\Documents%20and%20 S ettings\j ulie.bartell\Local%20S ettings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 3 of 10
4.11 nonprofit organization that provides emergency shelter and services for hon
4 .12 in a first class city.
4.13 (b) The public benefits of economic development, including an increase in t
4.14 tax revenues, employment, or general economic health, do not by themselves
4.15 a public use or public purpose.
4.16 Sec. 3 . [117.027] CONDEMNATION FOR BLIGHT MITIGATION AND
4.17 CONTAMINATION REMEDIATION,
4.18 Subdivision 1. Buildings that are not structurally substandard in areas
4.19 mitigation; feasible alternatives In takingproperty to mitigate blight, a
. - -- _ .... -
4.20 authority must not take buildings that are not structurally substandard unl
- _ - ....... -
4.21 feasible alternative to the taking of the parcels on which the buildings al
4.22 order to remediate the blight and all possible steps are taken to minimize
4.23 buildings that are not structurally substandard.
4.24 Subd. 2 . Uncontaminated_prop_erty in environmental contamination
4.25 remediation areas; feasible alternatives. In taking property to remediate e
4.26 contamination, a condemning authority must not take uncontaminated parcels
4.27 unless there is no feasible alternative to the taking of_the uncontaminatec
4.28 to complete remediation of the contaminated parcels and all possible steps
4.29 minimize the taking of the uncontaminated parcels.
- _ --
4.30 Subd. 3. Contribution to condition by developer disallowed. If a develc
4.31 involved in the redevelopment of the project area contributed to the blight
4.32 contamination within the _p�ect area, the condition contributed to by_the
--- -------------- ------------ -------------
4.33 not be used in the determination of blight or environmental contamination.
5.1 Sec. 4. Minnesota Statutes 2004, section 117.036, is amended to read:
5.2 117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS
5.3
5.4 Z.
5.5 Subdivision 1. Application. This section applies to the acquisition of
5.6 far . Ablir. 14191arrays, w4a;0OUGr -gad all a- --a;ts ma rip,
5.7 *r^r^r^r*'* ^r L'^jjJ*la^ Qr, under this chapter.
5.8 Subd. la. Definition of owner. For the urposes of this section, "owner
5.9 fee owner, contract purchaser, or business lessee who is entitled to conden
5.10 compensation under a lease.
5.11 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding
5.12 this chapter, the acquiring authority must obtain at least one appraisal fc
5.13 proposed to be acquired. In making the appraisal, the appraiser must confer
5.14 more of the owners of the property, if reasonably possible. T1:
5.15 authority must provide the owner with a copy of each appraisal the acquirir-
5.16 obtained for the property at the time an offer is made, but no later than 6
......... ----- - - _- - ----- ..... _. _ _.__.__
5.17 presenting a petition under section 117.055, tha ^^^a•1~'i^9 a;iU19rlty ^"" ''
5.18 evr��a-r a ^wojR5r ^g }ha and inform the e€ +-1-4-a mow er'6 ow_ne
5.19 to obtain an appraisal under this section. Upon request, the acquiring aut1-
5.20 make available to the owner all appraisals of the property. If the acquir
5.21 considering _both-a full and partial taking of the property, the acquiring a
- .............. ..--- -
5.22 obtain and provide the owner with appraisals for both types of takings.
5.23 (b) The owner may obtain an appraisal by a qualified appraiser of the prope
5.24 proposed to be acquired. The owner is entitled to reimbursement for the rea
5.25 of the appraisal from the acquiring authority up to a maximum of $1,500
5.26 ^spa for single family and two-family residential property, agricult .1
5.27 minimum damage acquisitions and $5,000 for other types of property, provide
5.28 owner submits to the acquiring authority the information necessary for rei
5.29 • id^a tL&" - the Qwaar, dQQv. r.^ including a copy of the owner' s appraisal,
5.30 days after tik�^^4z receiving the appraisal from the authority ur.
5.31 (a) and at least five days before a condemnation commissioners hearing. Fc
5.32 of this paragraph, a "minimum damage acquisition" means an interest in pror-
5.33 qualified person with appraisal knowledge indicates can be acquired for a c
_ ......- ........ ----- ---._. -- _- ..
5.34 or less. For purposes of this a raph, "agricultural property" has the me
5.35 in section 583 .22, subdivision 2 .
file://C:\Documents%20and%20S ettings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 4 of 10
6. 1 (c) The acquiring authority must pay the reimbursement to the owner within
6.2 days after receiving a copy of the appraisal and the reimbursement informat
6.3 agreement between the acquiring authority and the owner, the acquiring autr
6.4 the reimbursement directly to the appraiser_.
6.5 Subd. 3 . Negotiation. In addition to the appraisal requirements under
6.6 before commencing an eminent domain proceeding, the acquiring authority mus
6.7 good faith attempt to negotiate personally with the owner of the property i
6.8 acquire the property by direct purchase instead of the use of eminent domai
6.9 In making this negotiation, the acquiring authority must consider the appra
6.10 possession, including any_appraisal obtained and furnished by the owner i
6.11 and other information that may be relevant to a determination of damages ur.
6.12 chapter. If the acquiring authority is considering both a full and partial
6.13 property, the acquiring authority must make a good-faith attempt to negotia
__._.. -
6.14 to both types of takings.
6.15 Subd. 4. Use of A
appraisal at commissioners' hearing. n appraisal must
---- -- - _ _ ------- --- -
6.16 used or considered in a condemnation commissioners' hearing, nor may the ap
...____- _. - ...
6.17 prepared the appraisal testify, unless a copy of the appraiser's written re
6.18 the opposing warty at Least five dam before the hearing.
6.19 Sec. 5. [117.0412] LOCAL GOVERNMENT PUBLIC HEARING
6.20 REQUIREMENTS.
6.21 Subdivision 1. Definitions. For the purposes of this section:
6.22 (1) "local government" means the elected governing body of a statutory -r or
6.23 rule charter city, county, or township; and
6.24 (2) "local government agency" means a subdivision, g ncy, authority,_or of
6.25 entity- created by or whose members are appointed by the local government, i
-- ---- __ ...._.. ...
6.26 port authority, economic development authority, housing and redevelopment a
6.27 other similar entity established under law.
6.28 Subd. 2. Public hearing; vote by local government governing body. (a) E
6.29 local government or local government agent commences an eminent domain prc
6.30 under section 117.055, a public hearing must be held as provided in this se
- .. -- ---- - - ....- -. ............_.
6.31 local government must notify each owner of property that may be acquired ir.
6.32 by certified mail of thepublic hearing on-the-proposed taking, post the pu
6.33 information on the local government's Web site, if any, and publish notice
6.34 hearing in a newspaper of general circulation in the local government's jur
6.35 Notice must be provided at least 30 days but not more than 60 days before t
-- ---be provided -- .......__ - -
7.1 (b) Any interested person must be allowed reasonable time to present releva
7.2 testimony at the public hearinq.-The proceedings of the hearing must be re
7.3 available to the public for review and comment at reasonable times and a re
7.4 At the next regular meeting of the local government that is at least 30 day
7.5 hearing, the local government must vote on the question of whether to authc
- -- - .............
7.6 government or local government agency to use eminent domain to acquire the
7.7 Subd. 3. Resolution. If the takii is for the mitigation of a blightec
-- -----
7.8 remediation of an environmentally contaminated area, reducing abandoned prc
7.9 removing a public nuisance, then the resolution of a local government or lc
7.10 agency authorizing the use of eminent domain must:
7.11 (1) identify and describe the public costs and benefits that are known or e
7.12 to result from the program or _project for_ which the property interest is pz
_. --- .
7.13 acquired; and
7.14 (2) address how the acquisition of the property interest serves one or more
7.15 public uses or public purposes and why the acquisition of the property is r.
- _ ......._ ---
7.16 accomplish those public uses or public purposes.
7 .17 Sec. 6. Minnesota Statutes 2004, section 117.055, is amended to read:
7.18 117.055 PETITION AND NOTICE.
7.19 Subdivision 1. Petition. In all cases a petition, describing the desire
7.20 whom and for what purposes it is proposed to be taken, and giving the names
7.21 appearing of record or known to the petitioner to be the owners thereof sha
7.22 to the district court of the county in which the land is situated praying f
7.23 of commissioners to appraise the damages which may be occasioned by such to
file://C:\Documents%20and%20Settings\j ulie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 5 of 10
7.24 Subd. 2 . Notice. (a) Notice of the objects of the petition and of the t
.......... _...
7.25 presenting the same shall be served at least 20 days before such time of pi
7.26 all persons named in the petition as owners as defined in section 117.025,
7.27 and upon all occupants of such land in the same manner as a summons in a ci
7.28 (b) The notice must state that:
- --
7.29 (1) a party wishing to challenge the public use or public purpose, necessit
7.30 authority for a taking must appear at the court hearing and state the objec
7.31 appeal within 60 days of a court order; and
7.32 (2) a court order approving the public use or public purpose, necessity, ar.
7.33 for the taking is final unless an appeal is brought within 60 days after se
- -- - -- .....--._.__-- - ___. __ .
7.34 order on the party.
8.1 (c) If any such owner be not a resident of the state, or the owner's place
8.2 be unknown to the petitioner, upon the filing of an affidavit of the petiti
8.3 petitioner's agent or attorney, stating that the petitioner believes that
8.4 a resident of the state, and that the petitioner has mailed a copy of the r.
8.5 owner at the owner's place of residence, or that after diligent inquiry the
8.6 of residence cannot be ascertained by the affiant, then service may be made
8.7 owner by three weeks' published notice. If the state be an owner, the notic
8.8 served upon the attorney general. Any owner not served as herein provided a
8.9 bound by such proceeding except upon voluntarily appearing therein. Any owr.
8.10 be furnished a right-of-way map or plat of all that part of land to be take
8.11 demand, provided that the petitioner shall have ten days from the receipt c
8.12 within which to furnish the same. Any plans or profiles which the petitione
8.13 made available to the owner for inspection.
8.14 Sec. 7. Minnesota Statutes 2004, section 117.075, subdivision 1, is ame
8.15 Subdivision 1. Hearing on taking; evidentiary standard. (a) Upon proof
8.16 filed of the service of such notice, the court, at the time and place there
8.17 the hearing may be adjourned, shall hear all competent evidence offered for
8.18 granting of the petition, regulating the order of proof as it may deem best
8.19 (b) If the taki� is for the mitigation of a blighted area, remediation of
--- ----... - ....._.... - -- .............--
8.20 environmentally contaminated area, reducing abandoned property, or removinc
8.21 public nuisance, then, notwithstanding and other provision of general or
- -
8.22 condemning authority must show the district court by preponderance of the e
8.23 the taking is necessary and for the designated public use.
8.24 (c) _ACourt order approving the _public use or_public purpose, n.ecessity _.. ar.
8.25 for the taking is final unless an appeal is brought within 60 days after se
8.26 order on the party.
8.27 Sec. 8. Minnesota Statutes 2004, section 117.075, is amended by adding
8.28 to read:
8.29 Subd. lb. Attorney fees. If the court determines that a taking is not f
8.30 or publicRurp se or is unlawful, the court shall award the owner reasonabl
- ......... ....-- --- ----- .-_ -- ........---
8.31 and other related expenses, fees, and costs.
8.32 Sec. 9. Minnesota Statutes 2004, section 117.085, is amended to read:
8.33 117.085 COMMISSIONERS, POWERS, DUTIES.
9.1 The commissioners, having been duly sworn and qualified according to law, s
9.2 meet as directed by the order of appointment and hear the allegations and �
9.3 persons interested touching the matters to them committed. They may adjourr.
9.4 to time and from place to place within the county, giving oral notice to th
9.5 the time and place of their next meeting. All testimony taken by them shall
9.6 publicly, under oath, and in their presence. They shall view the premises,
9.7 them may subpoena witnesses, which shall be served as subpoenas in civil ac
9.8 served, and at the cost of the parties applying therefor. If deemed necessa
9.9 require the petitioner or owner to furnish for their use maps, plats, and c
9.10 which the petitioner or owner may have showing the nature, character, and e
9.11 proposed undertaking and the situation of lands desired therefor. In proper
9.12 reserve to the owner a right-of-way or other privilege in or over the land
9.13 reasonable conditions to such taking in addition to the damages given or tt
ffle://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 6 of 10
9.14 an alternative award, conditioned upon the granting or withholding of the x
9.15 Without unreasonable delay they shall make a separate assessment and award
9.16 damages which in their judgment will result to each of the owners of the la
9.17 of such taking and report the same to the court. The commissioners shall nc
9.18 amount of the damages awarded because the land being taken is, at the time
9.19 valued under section 273.111, designated as an agricultural preserve under
9.20 The commissioners, in all such proceedings, may in their discretion allow a
9.21 separately in addition to the award of damages, reasonable appraisal fees r.
9.22 total of $ A $1,500 for single family and two-family residential property,
9.23 property, and minimum damaqe acquisitions_ and $5, 000 for other types of prc
--
9.24 request of an owner the commissioners shall show in their report the amount
9.25 of damages which is to reimburse the owner and tenant or lessee for the val
9.26 taken, and the amount of the award of damages, if any, which is to reimburs
9.27 and tenant or lessee for damages to the remainder involved, whether or not
9.28 the petition. The amounts awarded to each person shall also be shown separa
9.29 commissioners shall, if requested by any party, make an express finding of
9.30 cost of removal and remedial actions that will be necessary on the taken pi
9.31 of existing environmental contamination.
9.32 Sec. 10. [117.1841 COMPENSATION FOR REMOVAL OF LEGAL
9.33 NONCONFORMING USE.
9.34 Notwithstanding any law to the contrary, an ordinance or regulation of a pc
9.35 subdivision of the state or local zoning authority that requires the remova
10.1 nonconforming use as a condition or prerequisite for the issuance of a pern
10.2 other approval for any use, structure, development, or activity constitutes
10.3 is prohibited without the payment of just compensation This section does r.
----_ - _ - -- ......... __.....
10.4 the permit, license, or other approval is requested for the construction of
10.5 structure that cannot be built without phy mqy4na the nonconforming
10.6 Sec. 11. [117.1861 COMPENSATION FOR LOSS OF GOING CONCERN.
10.7 Subdivision 1. Definitions. For purposes of this section:
----- --- - -- - --._ ------ -_ ......
10.8 (1) "going concern" means the benefits that accrue to a business or trade a
10.9 of its location, reputation for dependability, skill or quality, customer t
10.10 any other circumstances resulting in the probable retention of old or acqui
10.11 patronage; and
10.12 (2) "owner" has the meaning given in section 7.02 and includes lssee
----- --- e 11
__......... -._ 7 5--- ---- _..... -a----_.....e .......--- -
10.13 operates a business on real property that is the subject of an eminent doma
10.14 Subd. 2. Compensation. (a) In all eminent domainproceedings, e th owner
10.15 a business or trade must be compensated for the loss of a going concern if
10.16 establishes that:
10.17 (1) the business or trade has been destroyed as a result of the taking;_
10.18 (2) the loss cannot be reasonably prevented by relocating the business or t
10.19 same or a similar and reasonabl suitable location as the_property that was
-- -- ---- .._. Y _..
10.20 taking steps and adopting procedures that a reasonably prudent person of a
10.21 and under similar conditions as the owner would take and adopt in preservir-
10.22 concern of the business or trade; and
10.23 (3) compensation for the loss of going concern will not be duplicated in tY
10.24 compensation otherwise awarded to the owner of the business or trade.
-- --- ......- --- - - - ---- ___ _ ._._. ._ _.........
10.25 (b) If an eminent domain proceeding involves the condemnation of agricultux
10.26 property, as defined in section 583 .22, subdivision 2 the owner of the agz
10.27 must be compensated for the loss of the productive value of the agricultura
--- .......... - . ........ - ....... - ...... .. -
10.28 period of at least five years after commencement of the eminent domain proc
10.29 productive value is calculated based on average productive capacity of the
- -........ - -- - _... -- -- .......... _ _..
10.30 the five years preceding commencement of the eminent domain proceeding.
10.31 Subd. 3. Procedure. In all cases where an owner will seek compensation
10.32 of a going concern, the damages, if any, shall in the first instance be det
- -
10.33 reported by the commissioners under section 117.105 as part of the compensa
10.34 the owner. The owner shall notify the condemning authorit of the owner' s i
10.35 compensation for loss of going concern within 60 days of the first hearing
11.1 as provided in section 117 075. The commissioner's decision regarding any a
file://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 7 of 10
11.2 of going concern may be appealed by any party, in accordance with section 1
11.3 Subd. 4 . Driveway access. A business owner is entitled to reasonable cc
11.4 not to exceed the three previous years ' revenues minus the cost of goods_ sc
11.5 establishes that the actions of a government entity permanently eliminated
11.6 greater of the driveway access into and out of a business and as a result c
- - -
11.7 driveway access, revenue at the business was reduced by 51 percent or great
..........
-
11.8 for compensation under this section must be made no later than one year aft
11.9 of the project which eliminated the driveway access.
11.10 Sec. 12 . [117.187] MINIMUM COMPENSATION.
11.11 When an owner must relocate, the amount of damages payable, at ...... .. ---
11.12 be sufficient for an owner to purchase a comparable property in the communi
11.13 less than the condemning authority's payment or deposit under section 117. 0
11.14 extent that the damages will not be duplicated in the compensation otherwis
11.15 the owner of the property.
11.16 Sec. 13 . [117.1881 LIMITATIONS.
11.17 The condemning authority must not require the owner to accept as part of th
11.18 compensation due any substitute or replacement property. The condemning au
11.19 must not rtqu_ire the owner to accept the return of proms acquired or anY
11.20 property.
11.21 Sec. 14. [117.1891 PUBLIC SERVICE CORPORATION EXCEPTIONS.
11.22 Sections 117.012, subdivision 2; 117.036; 117.055, subdivision 2, paragrapl
11.23 117.075, subdivision lb; 117.186; 117.187; 117.188; 117.196; and 117.52, su
11.24 do not apply to public service corporations For purposes of an award of
.---- -._ -- ..... --__ ----
11.25 under section 117.085, the fees awarded may not exceed $500 for all types c
11.26 Sec. 15. [117.196] ATTORNEY FEES.
11.27 Subdivision 1. Judgment or award in excess of last written offer. If tY
-- -- - - -- ---- -- -- -- ----
11.28 judgment or award of damages is at least 20 percent greater than the last ti
- -- __ --- __ ....... ----
11.29 compensation made by the condemning authority before the filing of the peti
11.30 may award the owner reasonable attorney fees and costs in addition to other
11.31 and fees authorized by this chapter.
12.1 Subd. 2 . Increase in market value. If three months or more pass from tY
12 .2 the last written offer of compensation and the filing_ of the petition, for
-- __. ---..... . ........-__ _----- _...._.--- - -- _...._._-
12.3 determining whether the final judgment or award for damages is more than 2C
12 .4 greater than the last written offer, the value of the offer must be adjuste
12.5 for the annual rate of increase in the estimated market value of existing F
12.6 subject property's use class within the same city or township. The annual r
12.7 shall be derived by comparing the most recent abstract filed with the commi
_.. - _ --- - __.. - - - ........___ ........ ----..
12 .8 revenue under section 270C.89, subdivision 1, with the abstract of the pric
12 .9 Subd. 3 . Excegtion. No attorney- fees and costs may-be-awarded under thi
12.10 only a portion of a property located not more than 50 feet from the border
12.11 is being acquired and the final judgment or award of damages does not excee
12.12 Sec. 16. [117.2261 RIGHT OF FIRST REFUSAL.
12 .13 (a) Notwithstanding section 161.23, if the
_governing body of the condemninc
-- -...
12 .14 authority determines that publicly owned property acquired under this chapt
12.15 been used and is no longer needed for a public use, the authority must offe
12.16 property to the owner from whom it was acquired, if the former owner can be
r c n on p 12 .17 at the original price detemined by the ondematirocess or the current
12.18 value af the property, whichever is I lower.
12 .19 (b) If the former owner cannot be located within ten days, a written notice
12.20 to sell the property must be sent by certified mail to the last known addre
12 .21 owner and must be published for at least 30 days on the condemning authorit
- - - -
12 .22 if any, and in a newspaper of general circulation in the jurisdiction where
12 .23 located. If the former owner declines to repurchase the property, the condo
12 .24 shall prepare a certificate attesting to the same and record the certificat
12.25 county recorder or county registrar of titles, as appropriate, to evidence
file://C:\Documents%20and%20Settings\j ulie.bartell\Local%20S ettings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 8 of 10
12 .26 the right of first refusal.
12 .27 Sec. 17. Minnesota Statutes 2004, section 117.51, is amended to read:
12 .28 117.51 COOPERATION WITH FEDERAL AUTHORITIES.
12 .29 In all acquisitions undertaken by any acquiring authority and in all volunt
12 .30 rehabilitation carried out by a person pursuant to acquisition or as a cons
12 .31 the acquiring authority shall cooperate to the fullest extent with federal
12.32 agencies, and it shall take all necessary action in order to insure, to the
12.33 possible, federal financial participation in any and all phases of acquisit
12.34 provision of relocation assistance, services, payments and benefits to disc
13.1
13 .2 0 o e Qf
13.3 Sec. 18. Minnesota Statutes 2004, section 117.52, subdivision 1, is ame
13 .4 Subdivision 1. Lack of federal funding. In all acquisitions undertaken
13 .5 acquiring authority and in all voluntary rehabilitation carried out by a pe
13 .6 to acquisition or as a consequence thereof, in which, due to the lack of fe
13 .7 participation, relocation assistance, services, payments and benefits under
13 .8 Relocation Assistance and Real Property Acquisition Policies Act of 1970, L
13.9 Code, title 42, sections 4601 to 4655, as amended by the Surface Transports
13.10 Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 101, F
13.11 to 256 (1987) , are not available, the acquiring authority, as a cost of acc
13.12 provide all relocation assistance, services, payments and benefits requirec
13.13 Relocation Assistance and Real Property Acquisition Policies Act of 1970, a
13.14 the Surface Transportation and Uniform Relocation Assistance Act of 1987, a
13.15 regulations adopted pursuant thereto, and either (1) in effect as of _;;Aly 1
13 .16 2006, or (2) becoming effective after "Iy 1, 1P January 1, 2006, followi
13.17 hearing and comment. Comments received by an acquiring authority within 30
13 .18 the public hearing must be reviewed and a written response provided to the
13.19 organization who initiated the comment. The response and comments may be ac
13.20 another public hearing by the acquiring authority before approval.
13.21 Sec. 19. Minnesota Statutes 2004, section 117.52, is amended by adding
13.22 to read:
13.23 Subd. la. Reestablishment costs limit. For purposes of relocation benef
13.24 the acquiring authority in accordance with this section, the provisions of
----_ _ .. __ - ..............
13 .25 Regulations, title 49, section 24.304, with respect to reimbursement of ree
13 .26 expenses for nonresidential moves are applicable, except__that_the_acquirinc
13.27 reimburse the displaced business for expenses actually incurred up to a may
13 .28 $50,000.
13.29 Sec. 20. Minnesota Statutes 2004, section 163.12, subdivision la, is an
13 .30 Subd. la. Petition, notice, and access to information. (a) Upon passage
13.31 resolution specified in section 163 .11, subdivision 2, a petition must be
13.32 district court of the county in which the land is located. The petition mus
13 .33 tract of land through which the highway passes, state the purposes for whit
14 .1 proposed to be taken, and list the names of all persons appearing of retort
14 .2 the county to be the landowners.
14.3 (b) Notice of the objects of the petition and of the time and place of prey
14.4 notice must be served, together with a copy of the resolution, upon each oc
14 .5 each tract of land through which the highway passes at least 20 days before
14.6 under subdivision lb. If an owner is not a resident of the state, or the oti
14.7 residence is unknown to the county, service may be made by three weeks ' pur
14.8 notice following the filing of an affidavit on behalf of the county by the
14 .9 attorney stating that the county:
14.10 (1) believes that the owner is not a resident of the state; and
14.11 (2) has either mailed a copy of the notice to the owner at the owner's last
14.12 residence address or, after diligent inquiry, the owner's place of resident
14.13 ascertained by the county.
14.14 If the state is an owner, the notice must be served upon the attorney gener
file://C:\Documents%20and%20Settings\julie.bartell\Local%20S ettings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 9 of 10
14 .15 not served as provided in this subdivision is not bound by the proceeding,
14.16 owner voluntarily appears in the proceeding.
14 .17 (c) within ten days of an owner's demand, the owner must be furnished a
14.18 right-of-way map or plat of all that part of the owner' s land to be taken.
14 .19 plans or profiles that the county possesses must be made available to the c
14.20 inspection.
14.21 (d) The notice must state that:
14 .22 (1) a party wishing to challenge the public use or public purpose, -necessit
----
14.23 authority for the taking must appear at the court hearing and state the obi
14 .24 (2) a court order approving the public use or public purpose, necessity, ar.
14 .25 for the taking is final unless an appeal is brought within 60 days after se
_- - - -
14.26 order on the party.
14.27 Sec. 21. Minnesota Statutes 2004, section 163 .12, subdivision 1b, is an
14 .28 Subd. lb. Finding of necessity. When proof of service of the notice rec_
14.29 subdivision la is filed with the court, the court shall hear all competent
14.30 for or against granting the petition at the time and place fixed in the not
14.31 by the court. on finding that the proposed taking is necessary and authori2
14 .32 court shall order the proceedings to commence pursuant to the remaining prc
14.33 this section. The court order finding the taking necessary and authorized t
14.34 order and must be -appealed within 60 days from its service on the party-
15.1 Sec. 22. REVISOR'S INSTRUCTION.
. .-- ._...... -- -
15.2 The revisor shall change the phrase "right of eminent domain" where found i
-- ---- ._.... --- - . ----- ......-------- --
15.3 Minnesota Statutes and Minnesota Rules to "power of eminent domain. "
15.4 Sec. 23. EFFECTIVE DATE.
15.5 This act is effective the dam following final enactment and applies to cone
15.6 proceedings for which service of notice of the petition under Minnesota Sta
15.7 117.055, is made on or after that date, except the act does not apply to ar.
15.8 condemning authority if the action satisfies one of the following conditior.
---- .
15.9 (1) if the municipality, as that term is used in Minnesota Statutes, sectic
15.10 subdivision 6, by the day following final enactment, has approved a tax inc
15.11 financing plan under Minnesota Statutes, section 469.175, before April 1, 2
.....__- - ............... -....-. --_
15.12 or more of the following conditions exists in connection with the tax incre
15.13 plan:-
15.14 (i) the developer has acquired property by June 1, 2006, in reliance on the
15.15 condemning authority's contractual obligation to condemn property; or
15.16 (ii) the .....
---- - ---- --__... .----- _ _
15.17 issue or sell bonds or other financial instruments to finance the costs of
15.18 financing plan or district by June 1, 2006; or
.-.. ........._- .......--
15.19 (2) creation of the tax increment financing district was authorized under a
15.20 law that received local_approval or became effective without local approval
_
15.21 2006, and-the-condemn ing authority commences the action within the later of
--- ---- --_...
15.22 (i) five years after the municipality approved the tax increment financing
15.23 (ii) the time period permitted under the special law for making expenditure
15.24 comply with Minnesota Statutes, section 469.1763, subdivision 3, but not tc
15.25 ten-year period;- or
...I.......
15.26 (3) the condemning authority has commenced a condemnation action before Jur.
..__ .......... ._.......... --- ....... - -----. ..._- --
15.27 2006, to complete land assembly for a project, financed in whole or part wi
15.28 under Minnesota Statutes, sections 469.1813 through 469.1815, and the ............
15.29 resolution was adopted by one of the participating political subdivisions t
15.30 1, 2006.
Please direct all comments concerning issues or legislation
to your House Member of State Senator.
file://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 10 of 10
For Legislative Staff or for directions to the Capitol, visit the Contact-Us-page.
General questions or comments._
file://C:\Documents%20and%20Settings\julie.bartell\Local%20Settings\Temporary%20Inte... 4/5/2006
CITY COUNCIL WORK SESSION JANUARY 4,2006
APPROVED
1
2 CITY OF LINO LAKES
3 MINUTES
4
5
6 DATE : January 4,2006
7 TIME STARTED : 5:35 p.m.
8 TIME ENDED : 10:10 P.M.
9 MEMBERS PRESENT Councilmember Carlson, O'Donnell,
10 Reinert, and Mayor Bergeson
11 MEMBERS ABSENT : Stoltz
12
13 Staff members present: City Administrator, Gordon Heitke; Community Development
14 Director,Michael Grochala; City Engineer, Jim Studenski (part); Chief of Police,Dave
15 Pecchia(part); Community Development Coordinator, Mary Alice Divine (part); and City
16 Planner,Jeff Smyser(part); and City Clerk,Julianne Bartell
17
18
19 STORM WATER UTILITY
20
21 Community Development Director Grochala advised incorporated into the Pavement
22 Management Policies, adopted by the City Council in 2005, was the provision to pursue
23 the establishment of a Storm Water Utility. The intent of the Storm Utility is to create a
.� 24 dedicated funding source for storm water related components of the street reconstruction
25 program. The utility can also be used,to fund water quality improvement projects and to
26 maintain compliance with mandatory programs such as the National Pollutant Discharge
27 Elimination System(NPDES)programs.
28
29 Community Development Director Grochala stated Short, Elliot, Hedrickson(SEH), Inc.,
30 has submitted a proposal to complete the feasibility study not to exceed a cost of$18,000.
31 The report will review the basis behind a Storm Water Utility and its advantages, review
32 of existing storm water utility rates in communities of similar size and propose a utility
33 system methodology and rate structure to meet the City's anticipated storm water
34 program costs. In addition to the written report, the proposal also includes two Public
35 Education/Awareness meetings as well as preparation of an information brochure.
36
37 Community Development Director Grochala stated SEH has an extensive background in
38 working with municipalities to create storm water utilities. Additionally, one of the key
39 components of developing the utility is the use of the City's existing Geographic
40 Information System (GIS) data. SEH has worked extensively with the City's data and
41 this familiarity will stream line the evaluation process and result in a cost savings for the
42 City.
43
44 Mr. Ron Leaf, SEH,reviewed the process for the project noting the key elements of a
45 storm water utility feasibility study. He stated SEH has done many of these studies and is
46 very familiar with them.
1
CITY COUNCIL WORK SESSION JANUARY 4,2006
APPROVED
1
2 Mr. Leaf explained the tasks related to the project including the feasibility study and
3 public education and awareness. The main components of the study could be completed
4 this year and provide a plan to implement by January 2007.
5
6 Mr. Andy Lamberson, SEH, distributed an Executive Summary in terms of the Storm
7 Water Program Costs completed for the City of Barron. He reviewed the revenue
8 forecast noting the revenue is based on usage.
9
1 o Mr. Lamberson indicated he prefers a utility based on user pay as opposed to a higher
11 property tax that pays for storm water costs. He stated creating a utility also lowers costs
12 to the City.
13
14 This item will appear on the regular Council agenda Monday, January 9, 2006, 6:30 p.m.
15
16 LEGACY STREETSCAPE DESIGN
17
18 Community Development Director Grochala stated plans are being prepared for approval
19 of the Legacy Streetscape Design. He stated the City is anticipating going out for bids on
20 the project in early February 2006.
21
22 Mr. Bob Morely, SEH, stated they will be reviewing the plans this evening and would
23 like Council input on the proposal.
n. 24
25 Mr. Bob Cost, Landscape Architect,SEH, advised the design to date is based on previous
26 work that has been done on the project. He reviewed the proposed landscape plan in
27 detail and provided recommendations in terms of maintenance of the landscaping. He
28 also reviewed the park area and water area in terms of the landscaping plan. He noted the
29 park area is the focal point of the project.
30
31 Mr. Ken Tallen, SEH, reviewed the proposed lighting plan indicating the main goal is to
32 adequately light the area at night.
33
34 Mr. Morley advised the bid would include installation and maintenance of the lighting
35 system.
36
37 HARDWOOD CREEK DEVELOPMENT
38
39 City Planner Smyser advised the City received an application from Village of Hardwood
40 Creek, LLC,to amend the Comprehensive Plan. A Comprehensive Plan Amendment
41 requires a formal vote. The application also includes a general concept plan for planned
42 unit development. The concept plan review is informal and does not require a vote. It is
43 important to note that approval of this Comprehensive Plan Amendment does not grant or
44 imply any right to an approval of the PUD application that likely will follow.
45
2
CITY COUNCIL WORK SESSION JANUARY 4, 2006
APPROVED
t 1 City Planner Smyser stated the 2004 growth management policy(Ordinance 24-04) was
2 prepared to implement the intent of the Comprehensive Plan. The growth management
3 policy requires that several issues be addressed if the City is to accommodate this
4 application. This project application is the first one that requires an amendment to the
5 Comprehensive Plan as directed by the growth management ordinance. Review of the
6 relevant parts of the Comprehensive Plan resulted in recommendations to add or change
7 several passages. The amendment to the Comprehensive Plan would involve a number of
8 elements.
9
to City Planner Smyser stated the application does not include a planned unit development
11 or preliminary plat. It does not include the detailed information normally part of such
12 applications. Because of this, staff cannot analyze the project to see if it would qualify
13 for the exemptions to certain growth management limits as a conservation development.
14 In addition, there are some limits from which the City cannot grant exemptions.
15 Therefore, a Comprehensive Plan Amendment is needed to address growth issues as well
16 as change the land use designation for the site.
17
18 City Planner Smyser reviewed the three parts of the plan amendment directly relating to
19 the application: changing the land use, adding MUSA, and addressing the growth
20 management issues. Because the Comprehensive Plan is a citywide document,the City
21 needs to ensure that amendments to the document support future planning needs in this
22 area and elsewhere in the City. He reviewed the proposed land use map change.
23
24 City Planner Smyser stated it is important to note that approval of this Comprehensive
25 Plan Amendment does not grant or imply any right to an approval of the PUD application
26 that will follow. Design specifics, including road alignments,will be part of a full PUD
27 review.
28
29 City Planner Smyser added the deadline for City action was scheduled to be December
30 13, 2005. However, the applicant requested that the action be postponed to the January 9,
31 2006 meeting. The City Council must take action on the application unless the applicant
32 grants an extension.
33
34 City Planner Smyser reviewed the text amendments in detail that will be added to the
35 Comprehensive Plan. He noted the changes are site specific. He stated the proposed
36 Comprehensive Plan Amendments were sent to surrounding communities to allow for the
37 opportunity to comment. He distributed a copy of the responses received by the cities of
38 Blaine,North Oaks and Centerville.
39
40 The Council discussed possible language changes to the proposed Comprehensive Plan
41 Amendment. It was noted that staff would provide an update on possible language
42 changes in the Friday packets.
43
44 This item will appear on the regular Council agenda Monday, January 9, 2006, 6:30 p.m.
10� 45
3
CITY COUNCIL WORK SESSION JANUARY 4, 2006
APPROVED
s
1 COMMUNITY SURVEY UPDATE
�--. 2
3 City Administrator Heitke advised at the November 28, 2005 special work session, the
4 Council reviewed and approved the questions for the community survey. On December
5 19, 2005, the Council approved having Decision Resources, Inc. add to the survey to
6 determine public opinion on Anoka County holding a referendum prior to the
7 implementation of a county-wide sales tax to partially fund a sports stadium. Decision
8 Resources Ltd. (DRL)has drafted questions to ascertain public opinion on that issue.
9 City Administrator Heitke advised this week, staff from the Anoka County Library
to System inquired as to whether it would be possible to survey the public's interest in
11 having a county library as part of the Legacy at Wood's Edge Project. Since this question
12 is very similar to the one contained in the 1996 survey related to having a YMCA in the
13 town center project,DRL offered to draft the question for consideration.
14
15 City Administrator Heitke reviewed the draft questions regarding the proposed stadium
16 and a library in the Town Center at the Lake Drive and Interstate 35-W interchange area.
17 Staff is seeking Council acceptance of additional questions, enabling DRL to finalize the
18 survey.
19
20 Councilmember Carlson expressed concern that the proposed stadium question does not
21 address the referendum question. She distributed two alternative questions, one prepared
22 by her and another prepared by Mr. Dan Dobson of St. Paul. Councilmember Carlson
23 stated that her question makes the referendum issue more clear and coincides with the
24 Reinert Resolution.
25
26 Mr.Ron Holch addressed the Council and stated that the survey had been described as
27 being"scientific"in the newspaper,but the proposed question isn't scientific because it is
28 not quantifiable.
29
30 Councilmember Reinert stated that it's obvious that this process is going to be attacked
31 and suggested that all the Council can do is forward the results of this discussion to
32 Decision Resources and see what they come up with,however, it will delay the survey
33 and results.
34
35 Councilmember Carlson stated that the County Commissioner in Lino Lakes was quite
36 surprised by the wording of the question.
37
38 Mayor Bergeson stated he is concerned that survey questions that the Council hasn't even
39 acted on are being passed out. He is concerned that there is clearly an effort underway to
40 prepare people for the survey by letting them know what the questions might be and
41 coaching them on answers, and the longer the City waits to conduct the survey the less
42 accurate it is going to be. He stated he is in agreement with the stadium question as
43 proposed by Decision Resources, Inc.
44
T*1
4
CITY COUNCIL WORK SESSION JANUARY 4,2006
APPROVED
1 City Administrator Heitke stated staff would capture from the tape what has been said
�-� 2 and send it to Decision Resources, Inc. so they can respond to the concerns about the
3 proposed question.
4
5 Ms.Barbara Bor,resident of Lino Lakes, came forward and read a letter she drafted
6 regarding the library question. She noted the letter would be sent to all of the County
7 Commissioners. The letter outlined the benefits of having a public library within the
8 City. She also indicated her family may donate land for the project. She asked that the
9 library question on the survey not be area specific.
10
i l Council directed staff to take the library question back to the Library Board with
12 comments regarding the question being area specific.
13
14 City Administrator Heitke distributed an email from the Chair of the Environmental
15 Board requesting that they or the Environmental Board's staff review and have input on
16 the survey questions. The Council agreed that other advisory boards were not involved in
17 the survey and that the Council had already approved the survey.
18
19 Community Development Director Grochala advised there are several questions on the
20 survey that relate to environmental issues.
21
22 City Administrator Heitke reiterated the fact that in early discussions,Decision Resources
23 had inquired about whether there were any big issues that might come up that could sway
24 the results of the survey and they like to time surveys to avoid this. He stated that
25 Decision Resources was aware of the guest editorial in the Pioneer Press and he did send
26 articles from the newspaper regarding the survey, growth issues, stadium issue, and the
27 letter to the editor on growth and suggesting how to respond to the survey. Decision
28 Resources knows that the City does not want to delay the survey, so they may add a
29 qualifying statement to the survey report that the results may have been affected by pre-
30 survey publicity. City Administrator Heitke added that people have been requesting
31 copies of the survey and since it is public data, he has to provide it.
32
33 Mayor Bergeson called for a short break at 8:56 p.m.
34
35 Mayor Bergeson reconvened the meeting at 9:14 p.m.
36
37 2006 ORGANIZATIONAL ACTIONS
38
39 Council Appointments—Mayor Bergeson advised the Council needs to finalize the
40 recommended appointments.
41 The Council reviewed the appointments and made the following changes:
42
43 Acting Mayor Councilmember O'Donnell
44 Centennial Fire Steering Councilmember Carlson and Reinert
45 County Corrections Program Councilmember Stoltz
l►.
5
CITY COUNCIL WORK SESSION JANUARY 4,2006
APPROVED
1 Joint Law Enforcement Committee Councilmember Reinert
,..� 2
3 Councilmember O'Donnell suggested the Council eliminate Council liaisons and
4 schedule regular meetings with each City Board. The Council agreed.
5
6 Advisory Board Appointments—City Administrator Heitke suggested the Council
7 extend the application period for City Advisory Boards and advertise the positions again.
8
9 The Council agreed to advertise the Advisory Board openings again and extend the
10 application period for a few weeks. It is anticipated that interviews would be conducted
11 in February.
12
13 Schedule of Meetings—City Administrator Heitke advised a proposed schedule of 2006
14 meetings was included in the Council packets. He stated the only change to the meetings
15 is the accelerated schedule in December.
16
17 The Council directed staff to also change the November 22 meeting to November 21,
18 2006.
19
20 Councilmember O'Donnell suggested the Council discuss on a future agenda ways to be
21 more efficient. Suggestions made included changing the meeting nights,having work
22 sessions prior to regular Council meetings and having staff items first on the work session
23 agendas.
24
25 Council directed staff to place this item on a future Council work session for discussion.
26
27 COLUMBUS TOWNSHIP UPDATE
28
29 City Administrator Heitke provided the background on this issue noting it has been
30 discussed at past meetings. He stated Columbus Township was available for the meeting
31 tonight but the City of Forest Lake was not. He distributed state statute information
32 regarding this issue.
33
34 City Administrator Heitke stated staff is still very cautious about passing a resolution
35 relating to the incorporation of Columbus Township. He stated he did speak with the
36 City Attorney regarding this issue. The City Attorney advised if the City approves the
37 resolution,the City should be prepared to testify in court in regard to that action.
38
39 The Council directed staff to record the City Attorney's comments on paper for the
40 record. Council also directed staff to cancel the meeting with the City of Forest Lake and
41 Columbus Township.
42
6
CITY COUNCIL WORK SESSION JANUARY 4, 2006
APPROVED
} 1 2006 COUNCIL RETREAT
r� 2
3 City Administrator Heitke advised information for the 2006 LMC Elected Officials
4 Conference was included in the Council packets. He asked that Councilmember's contact
5 Jean Viger to register for the LMC conference.
6
7 City Administrator Heitke stated the Council has committed to holding annual retreats for
8 the purpose of engaging in team building, goal setting, etc. Staff needs direction for
9 scheduling the 2006 Council retreat. If Mr. Neu is to be retained as the facilitator, the
10 City has attempted to minimize travel costs by scheduling the retreat at times that Mr.
11 Neu is in Minnesota for other meetings. Suggested dates to accomplish that would be
12 February 15-16 or February 20-21.
13
14 The Council directed staff to try to schedule the Council retreat for February 20-21,
15 during the day. February 21 would only be necessary if the agenda calls for an additional
16 day.
17
18 REGULAR AGENDA ITEMS
19
20 There were no changes to the regular agenda.
21
22 The meeting was adjourned at 10:10 p.m.
23
~' 24 These minutes were considered, corrected and approved at the regular Council meeting held on
25 January 23,2006.
26
27
28 r .�
30 Juli e Bartell, ity Clerk /John rerg7egWn, Mayor
31 /
32 Transcribed by:
33 Kim Points
34 TimeSaver Off Site Secretarial, Inc.
35
7
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : January 9, 2006
6 TIME STARTED : 6:33 P.M.
7 TIME ENDED : 7:15 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, O'Donnell,Reinert, Stoltz
9 and Mayor Bergeson
to MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; Community Development Director,
13 Michael Grochala; City Engineer, Jim Studenski; Police Chief, Dave Pecchia(part); and City
14 Attorney,Bill Hawkins.
15
16 OPEN MIKE
17
18 Jerry Fagerland, 181 Egret Lane, stated in mid-November his guest received a ticket for parking on a
19 residential street during the hours of 1:00 a.m. and 6:00 a.m. He asked Council if the early-hour
20 parking City ordinance could be revisited. Mayor Bergeson replied currently, there are no plans to
21 revisit the ordinance. He added residents should inform the police if they have guests.
22
23 Councilmember Stoltz suggested a summary of the policy be included in the next newsletter
24
25 Police Chief Pecchia stated he had suggested a summary ordinance article be put in the newsletter.
26
27 Councilmember Reinert requested an ordinance update at a future work session. Police Chief Pecchia
28 replied he would provide an update.
29
30 Mayor Bergeson, Councilmember Reinert, and Councilmember O'Donnell took the Oath of Office,
31 given by City Attorney Hawkins.
32
33 SETTING THE AGENDA
34
35 Mayor Bergeson stated item 6B has been removed.
36
37 The agenda was accepted as amended.
38
39 CONSENT AGENDA
40
41 Councilmember Reinert moved to approve the Consent Agenda. Councilmember O'Donnell
42 seconded the motion.
43
44 Motion carried unanimously.
45
COUNCIL MINUTES JANUARY 9, 2006
APPROVED
46 ITEM ACTION
47
48 A. CONSIDERATION OF EXPENDITURES:
49
50 i) January 9, 2006 (Check No. 75603 —
51 75749, $1,125,144.18) Approved
52
53 ii) Centennial Fire District (Check No. 14997—
54 15014, $15,601.82) Approved
55
56 FINANCE DEPARTMENT REPORT,AL ROLEK
57
58 There was none.
59
6o ADMINISTRATION DEPARTMENT REPORT,DAN TESCH
61
62 A. Consideration of Annual Appointments
63
64 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval.
65
66 Mayor Bergeson asked if Council would like to skip having each item read, and hearing no
67 opposition,moved forward.
68
69 Councilmember Carlson moved to approve the annual appointments. Councilmember Stoltz
70 seconded the motion.
71
72 Motion carried unanimously.
73
74 B. Consideration of Hiring Curt Boehme for Police Officer
75
76 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval.
77
78 Councilmember O'Donnell moved to approve hiring Curt Boehme for police officer. Councilmember
79 Reinert seconded the motion.
80
81 Motion carried unanimously.
82
83 C. Consideration of Hiring William Owens for Police Officer
84
85 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval.
86
87 Councilmember Carlson moved to approve hiring William Owens for police officer. Councilmember
88 Reinert seconded the motion.
89
90 Motion carried unanimously.
2
COUNCIL MINUTES JANUARY 9, 2006
APPROVED
91
92 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
93
94 There was none.
95
96 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
97
98 There was none.
99
too COMMUNITY DEVELOPMENT DEPARTMENT REPORT,MICHAEL GROCHALA
101
102 A. Consideration SECOND READING of Ordinance No. 14-05,Vacating Drainage and
103 Utility Easement and Accepting Replacement Easement,Lot 1 Block 2,Pheasant Hills
104 Preserve 91h Addition,Jeff Smyser
105
106 Community Development Director Grochala summarized the Staff report, indicating Staff
107 recommends approval.
108
109 Motion carried. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea.
110 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
111
112 Ordinance No. 14-05 can be found in the City Clerk's office.
.13
114 R. Consideration of Resolution No. 05 153, ,
115 ,
116
117 Councilmember Carlson stated this item was removed late this afternoon but some residents are here
118 to speak on the issue, and since open mike is prior to changes to the agenda, she asked for a legal
119 opinion. City Attorney Hawkins replied residents will be given an opportunity to comment on the
120 issue when it is presented,which satisfies legal requirements.
121
122 Mayor Bergeson commented this item might come back with different details.
123
124 C. Consideration of Resolution No. 06-01,Authorizing Contract with Markhurd,
125 Photogrammetric Mapping Services, Michael Grochala
126
127 Community Development Director Grochala summarized the Staff report, indicating Staff
128 recommends approval.
129
130 Councilmember Reinert moved to adopt Resolution No. 06-01, Authorizing Contract with Markhurd,
131 Photogrammetric Mapping Services. Councilmember Stoltz seconded the motion.
132
133 Motion carried unanimously.
134
135 Resolution No. 06-01 can be found in the City Clerk's office.
3
COUNCIL MINUTES JANUARY 9, 2006
APPROVED
136
137 D. Consideration of Resolution No. 06-02,Authorizing Storm Water Utility Feasibility
138 Study, Michael Grochala
139
140 Community Development Director Grochala summarized the Staff report, indicating Staff
141 recommends approval.
142
143 Councilmember O'Donnell moved to adopt Resolution No. 06-02, Authorizing Storm Water Utility
144 Feasibility Study. Councilmember Reinert seconded the motion.
145
146 Councilmember Carlson stated she will vote against this because she is not sold on a new tax.
147
148 Councilmember Reinert stated this is only a feasibility study to get more information.
149
150 Motion carried 4-1. Carlson nay.
151
152 Resolution No. 06-02 can be found in the City Clerk's office.
153
154 E. Consideration of Resolution No. 06-03,Approving Change Order No. 1 and Final
155 Payment, Marshan Lane Utility Improvement,Jim Studenski
156
157 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
158
159 Councilmember Carlson moved to adopt Resolution No. 06-03, Approving Change Order No. 1 and
160 Final Payment,Marshan Lane Utility Improvement. Councilmember O'Donnell seconded the
161 motion.
162
163 Motion carried unanimously.
164
165 Resolution No. 06-03 can be found in the City Clerk's office.
166
167 F. Consideration of Resolution No. 06-04, Receiving Quotes and Awarding Contract, 2006
168 Ditch and Pond Cleaning Project, Jim Studenski
169
170 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
171
172 Councilmember Stoltz moved to adopt Resolution No. 06-04,Receiving Quotes and Awarding
173 Contract, 2006 Ditch and Pond Cleaning Project. Councilmember O'Donnell seconded the motion.
174
175 Motion carried unanimously.
176
177 Resolution No. 06-04 can be found in the City Clerk's office.
178
179 UNFINISHED BUSINESS
180
4
COUNCIL MINUTES JANUARY 9,2006
APPROVED
n 181 There was none.
182
183 NEW BUSINESS
184
185 Mayor Bergeson stated items A through F were not on the consent agenda because Councilmember
186 O'Donnell was not on the Council. He asked if there were any objections to considering items A
187 through F together. Councilmember Carlson replied she would like items D, E, and F separate.
188
189 A. Consideration of Minutes of December 7,2005 Council Work Session (Councilmember
190 O'Donnell was not on the Council)
191
192 B. Consideration of Minutes of December 12, 2005 Truth-in-Taxation Hearing
193 (Councilmember O'Donnell was not on the Council)
194
195 C. Consideration of Minutes of December 12, 2005 City Council Meeting (Councilmember
196 O'Donnell was not on the Council)
197
198 Councilmember Carlson moved to approve the minutes of December 7, 2005 Council Work Session,
199 the minutes of December 12, 2005 Truth-in-Taxation Hearing, and the minutes of December 12, 2005
200 City Council Meeting. Councilmember Stoltz seconded the motion.
201
202 Motion carried 4-0-1. Councilmember O'Donnell abstained.
203
204 D. Consideration of Minutes of December 14,2005 Council Work Session (Councilmember
205 O'Donnell was not on the Council)
206
207 Mayor Bergeson asked if there were minor corrections or if items D through F should be referred to
208 the next work session. Councilmember Carlson replied there was an additional page attached to the
209 December 14 minutes, there is a minor change on one set of minutes, and a comment on another.
210
211 City Administrator Heitke stated there was a copying problem with the December 14, 2005 minutes
212 where page five did not originally appear in the packet.
213
214 Councilmember Carlson moved to approve the minutes of December 14, 2005 Council Work Session
215 with the addition of page five and a change to page five, line 20, "employees., and she suggested...".
216
217 Motion failed for lack of a second.
218
219 E. Consideration of Minutes of December 19, 2005 City Council Meeting(Councilmember
220 O'Donnell was not on the Council)
221
222 F. Consideration of Minutes of September 8, 2005 Special Council Work Session
223 (Councilmember O'Donnell was not on the Council)
224
5
COUNCIL MINUTES JANUARY 9, 2006
APPROVED
225 Councilmember Stoltz moved to send items D, E, and F to the next work session. Councilmember
226 Reinert seconded the motion.
227
228 Motion carried 4-0-1. Councilmember O'Donnell abstained.
229
230 COMMUNITY CALENDAR JANUARY 10,2006 THROUGH JANUARY 23,2006:
231
232 A) Wednesday,January 11, 2006, 6:30 p.m., Planning& Zoning Board Meeting
233 B) Thursday,January 12, 2006, 7:00 p.m., Charter Commission Meeting
234 C) Monday,January 16, 2006, City Hall Closed
235 D) Wednesday,January 18, 2006; 5:30 p.m., Council Work Session
236 D) Monday,January 23, 2006, 6:30 p.m., City Council Meeting
237
238 ADJOURN
239
240 There being no further business, Councilmember Carlson moved to adjourn at 7:15 p.m.
241 Councilmember Stoltz seconded the motion.
242
243 Motion carried unanimously.
244
245 These minutes were considered and approved at the regular Council Meeting, January 23, 2006.
246
247 -
248 � _
249
250 City Clerk John Bergeson,Mayor
251
252 Transcribed by:
253 Cheryl Felix
254 TimeSaver Off Site Secretarial, Inc.
255
6
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1
2 CITY OF LINO LAKES
3 CITY COUNCIL WORK SESSION
4 MINUTES
5
6 DATE : January 18,2006
7 TIME STARTED : 5:35 p.m.
8 TIME ENDED : 9:28 p.m.
9 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert,
10 Stoltz and Mayor Bergeson
i 1 MEMBERS ABSENT : None
12
13
14 Staff members present: City Administrator, Gordon Heitke; Community Development
15 Director,Mike Grochala; City Planner, Jeff Smyser(part); City Engineer, Jim Studenski
16 (part);Associate Planner, Paul Bengtson(part); Public Services Director,Rick
17 DeGardner; Chief of Police,Dave Pecchia(part); and City Clerk, Julianne Bartell
18
19 SUPER RINK REQUEST—CENTENNIAL YOUTH HOCKEY ASSOCIATION
20
21 Public Services Director DeGardner stated representatives from the Centennial Youth
22 Hockey Association (CYHA) are present this evening to present their proposal for a
23 partnership with the cities of Lino Lakes, Circle Pines and Centerville for the construction
24 of an indoor hockey rink at the National Sports Center.
25
26 Public Services Director DeGardner advised City staff has attended some of the Super
27 Rink Expansion Advisory Board meetings and has met with Ms. Lisa Hockert, President
28 of CYHA, and Mr. Paul Erickson, Executive Director of the Minnesota Amateur Sports
29 Commission (MASC). While staff certainly feels that this is a worthwhile and needed
30 project, staff has been very straightforward with the current financial situation the City of
31 Lino Lakes currently faces. For example, staff has indicated that the 2006 General Fund
32 Budget has already been adopted and there are zero dollars in the City's contingency
33 fund.
34
35 Mr. Jim Heron, resident of Lino Lakes, came forward and stated he has three children in
36 the CYHA program. He stressed the need for an indoor rink because the program can no
37 longer rely on outdoor rinks.
38
39 Mr. Jack Sergent, resident of Lino Lakes, stated he has four children in the program. He
40 stated his family travels all over the Twin Cities for ice time. There is a definite need for
41 additional ice time in the area.
42
43 Ms. Lisa Hockert, President of CYHA, stated the biggest need for CYHA is ice time in an
44 indoor facility.
/0-11S 45
1
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 Mr. Paul Erickson, Executive Director of MASC, stated quality youth hockey programs
'~ 2 are dependent on indoor ice.
3
4 Ms. Hockert presented a proposal for a partnership for the construction of an indoor
5 hockey rink at the National Sports Center in Blaine. She noted 69% of participants in the
6 program reside in Lino Lakes.
7
8 Mr. Erickson provided the background on how ice arenas are typically financed and
9 operated by cities. He stated that the presence of the National Sports Center allows for a
10 unique opportunity for neighboring communities. This proposal calls for the cities of
11 Circle Pines, Lino Lakes and Centerville to share the backing of 1,340 ice hours/year for
12 20 years. The CYHA contributes 680K. The cities of Circle Pines, Lino Lakes and
13 Centerville contribute collectively 100K. The formula is as follows: Lino Lakes 72%;
14 Centerville 16%; and Circle Pines 12%.
15
16 Mr. Erickson also reviewed an ice sales plan ensuring all hours are sold. He provided the
17 background on the National Sports Center. He advised the rink is under construction and
18 would be opening in October 2006. He indicated the MASC would like to have the City
19 take action by the end of February 2006.
20
21 Mayor Bergeson advised the City has already made the 2006 budget commitments.
22 However, the Council would have a discussion about the proposal.
�.� 23
24 Councilmember Carlson suggested the Park Board review the proposal and provide input
25 to the Council.
26
27 ` Mr. Erickson added ice hours could be offered to the Park and Recreation programs
28 within the City. He also suggested the possibility of the Council passing a resolution
29 pledging funds for the project at some point in the future.
30
31 LINO LAKES YMCA PROJECT
32
33 Associate Planner Bengtson distributed revised copies of the resolution regarding the
34 YMCA project. He stated the City has a final plan for the YMCA. The biggest issue was
35 the architectural standards within the Town Center. Staff has worked with the YMCA on
36 this issue.
37
38 Associate Planner Bengtson reviewed a detailed drawing of the building noting the
39 proposed structure has integrated a number of climatic response devices that meet the
40 design guidelines. The Planning and Zoning Board recommended approval of this
41 application at their January 11 regular meeting. Staff is also recommending approval
42 based on the noted conditions.
43
44 It was the general consensus of the Council that the project falls short of what was
45 anticipated.
2
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 Mayor Bergeson requested the Council look at sample materials that will be used on the
2 facility.
3
4 This item will appear on the regular Council agenda Monday, January 23, 2006, 6:30 p.m.
5
6 HARDWOOD CREEK—COMPREHENSIVE PLAN AMENDMENT
7
8 City Planner Smyser advised the staff report has not changed significantly since it was
9 last presented. He pointed out the minor changes in the resolution and advised the report
10 was revised to address the site design issues first.
11
12 This item will appear on the regular Council agenda Monday, January 23, 2006, 6:30 p.m.
13
14 DRAFT PLANNING STUDY, HODGSON/CR J AREA
15
16 City Planner Smyser advised staff has been working the past year on a study of the land
17 and infrastructure around the intersection of Hodgson Road (CSAH 49) and County Road
18 J (Ash Street). The goal is a planning document that will be adopted by the City Council
19 as the guide for development in that area.
20
21 City Planner Smyser stated the draft report was included in the Council packets. The
22 draft is unfinished and in no way should it be considered a final report. The Planning and
23 Zoning Board saw the draft document in December, and supported the proactive approach
24 to planning. The Planning and Zoning Board also supported a senior housing campus
25 concept.
26
27. City Planner Smyser advised there are two prospective developments in the area. The
28 larger infrastructure planning issues are the priority, but the City should remember that
29 these developments would construct or contribute toward the provision of needed
30 infrastructure.
31
32 City Planner Smyser reviewed the report in detail indicating staff is not making
33 recommendations for a final plan at this time. That will come after more discussions with
34 developers, landowners, and other government jurisdictions, Planning and Zoning Board
35 and the City Council. Ultimately,the plan will need to provide guidance on alignments
36 of water, sanitary sewer, and the roads needed for proper access and circulation.
37
38 PETITION TO AMEND CITY CHARTER
39
40 Mayor Bergeson noted the response from the City Attorney regarding the petition to
41 amend City Charter was included in the Council packets.
42
43 City Administrator Heitke distributed copies of the petition received to not allow City
44 Council Members (including the Mayor) to also be members of the Lino Lakes Charter
/01111 45 Commission at its September 26, 2005 meeting. Councilmember Carlson raised a
3
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 question as to whether the petition followed all the requirements for petitions set forth in
2 the Charter. A legal opinion was sought to address that question.
3
4 City Administrator Heitke stated that due to other agenda issues and since there was no
5 immediate need to consider the petition request; consideration of the petition was
6 deferred for a future time. The person submitting the petition recently requested that the
7 petition be discussed this evening.
8
9 The Council directed staff to obtain details about the process and schedule for petitions
10 according to state statute and the Charter. The process and schedule will then be
11 discussed at a future meeting.
12
13 Councilmember Carlson stated she would also like to know the petition requirements
14 according to the law. She suggested the petition be changed to meet state requirements to
15 avoid confusion in the future with other petitions.
16
17 WINTER PARKING ORDINANCE—UPDATE FROM POLICE DEPARTMENT
18
19 Police Chief Pecchia referred to a winter parking restriction sign that is posted within the
20 City. The winter parking ordinance did go through the City process prior to being
21 approved. Police Chief Pecchia provided the figures relating to citations and tickets that
22 have been issued since the ordinance was passed.
23
24 Police Chief Pecchia advised the ordinance is working for the City. However, staff is
25 willing to review the ordinance annually.
26
27 SURVEY QUESTION ON SPORTS STADIUM
28
29 City Administrator Heitke advised at the November 28, 2006 special Council work
30 session, the Council reviewed and approved the questions for the community survey. On
31 December 19, 2005, the Council approved having Decision Resources, Inc. add to the
32 survey to determine public opinion on Anoka County holding a referendum prior to the
33 implementation of a county-wide sales tax to partially fund a sports stadium. Decision
34 Resources Ltd. (DRL) drafted questions to ascertain public opinion on that issue and the
35 Council reviewed the proposed sports stadium survey questions at the January 4, 2006
36 work session meeting. There was an objection to the questions as drafted by Decision
37 Resources Ltd. A transcript of that portion of the meeting was sent to DRL for their
38 review. They have submitted an alternative question for the Council's consideration.
39
40 City Administrator Heitke stated staff is requesting direction as to which of the submitted
41 DRL questions is to be incorporated into the survey, or if there are other comments or
42 instructions for DRL.
43
4
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 Mr. Ron Stolch, resident of Lino Lakes, came forward and asked for an explanation on
2 why DRL believes the first proposed question would give a more clear answer than the
3 second proposed question.
4
5 Councilmember O'Donnell suggested the Council move forward with the second
6 proposed question.
7
8 Councilmember Stoltz asked why the first set of proposed questions was sent back to
9 DRL.
10
11 Councilmember Carlson explained her reasons for having concern over the first set of
12 questions indicating those questions were not in line with the Reinert Resolution.
13
14 Councilmember Reinert stated the City will end up with less information but he would
15 support moving forward with the second proposed question.
16
17 The majority of the Council supported the second proposed question. Council directed
18 staff to submit the second question to DRL and move forward with the City survey.
19
20 City Administrator Heitke advised the library question would remain as proposed by the
21 Library Board unless the Council directs otherwise.
22
23 Mayor Bergeson called for a short break at 8:18 p.m.
24
25 Mayor Bergeson reconvened the meeting at 8:27 p.m.
26
27 REGULAR AGENDA ITEMS
28
29 Item 7A, December 14, 2005 Council Work Session Minutes— Councilmember Carlson
30 referred to page 5, line 20 and added a comma and the word"she" after the word
31 employees.
32
33 Item 7B,December 19, 2005 City Council Meeting Minutes—Councilmember Carlson
34 referred to page 7, line 290 and requested the sentence to read "Councilmember Carlson
35 stated she has confidence in the survey and believes the resolution on the referendum is
36 the most effective way to act as Council".
37
38 Item 7C, September 8, 2005 Special Council Work Session Minutes— Staff noted the
39 Council never voted on these set of minutes.
40
41 There were no other changes to the Council agenda.
42
43 2006 COUNCIL WORK SESSION SCHEDULE
44
n
5
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 City Administrator Heitke stated there was interest at the last meeting for possibly
2 changing the work session meeting night. Staff feels strongly that there is a need for a
3 significant work session at least once a month. Scheduling that meeting on a Monday
4 will not interfere with City Advisory Board schedules.
5
6 The Council discussed having work sessions on the first Monday of every month, as well
7 as mini work sessions prior to Council meetings.
8
9 The Council determined a significant Council work session would be scheduled the first
10 Monday of every month. A mini work session would be scheduled immediately prior to
11 the second City Council meeting of the month. Staff will distribute work session packets
12 the Wednesday before the Monday work session. The Council will receive their regular
13 Council meeting packet at that work session. Both work sessions will begin at 5:30 p.m.
14 The new schedule will start in either mid February or the first of March 2006.
15
16 CHARTER COMMISSION FILES LOCATION
17
18 City Administrator Heitke stated in order to maintain the current security policy related to
19 the City Hall offices, staff relocated the files of the Charter Commission into a new
20 locking file cabinet, which is secured to the wall within the Community Room storage
21 closet.
22
23 City Administrator Heitke advised the Charter Commission has objected to this resolution
24 to the security issue. They wish to continue to have their records in the file cabinet that
25 was purchased in 2000 out of their budget. The design and size of the cabinet will limit
26 the ability for tables and chairs to be stored in the Community Room closet. Staff s
27 response to the request to have their files placed back into their original cabinet was to
28 secure it to the wall in the corner of the Community Room.
29
30 City Administrator Heitke stated that since this decision was made, the Charter
31 Commission has indicated that this is unacceptable, as they do not feel it is secure. (The
32 cabinet is locked and the Community Room is locked except for times that it is in use by
33 staff or groups that have reserved the room. Only staff has keys to this room.)
34
35 City Administrator Heitke stated staff is seeking direction from the Council as to how it
36 wishes to accommodate the Charter Commission's records in City Hall. Another option
37 that has not been suggested for consideration is to put casters under the existing Charter
38 Commission cabinet and move it into the room for their meetings and other times when
39 they wish to access their records.
40
41 The Council discussed many options and directed staff to ask the Charter Commission if
42 they would prefer to have staff return their file cabinet to the old location in City Hall
43 making it clear to them they must obtain their records during staff hours; or leave the
44 cabinet in the closet in the Community Room.
45
6
COUNCIL WORK SESSION JANUARY 18, 2006
APPROVED
1 The meeting was adjourned at 9:28 p.m.
2
3 These minutes were considered, corrected and approved at the regular Council meeting held on
4 February 13,2006.
5
6
8 - 'f
9` J Bartell ity berk Jo erg on,Mayor
10
11 Transcribed by:
12 Kim Points
13 TimeSaver Off Site Secretarial, Inc.
14
r�
7
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : January 23, 2006
6 TIME STARTED : 6:30 P.M.
7 TIME ENDED : 10:45 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, O'Donnell,Reinert, Stoltz
9 and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: Director of Administration, Dan Tesch; Community Development Director,
13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Planner, Paul
14 Bengtson; City Attorney,Barry Sullivan; and City Clerk,Julie Bartell.
15
16 OPEN MIKE
17
18 There was none.
19
20 SETTING THE AGENDA
21
22 Mayor Bergeson stated that Councilmember Stoltz was making a presentation at another meeting, and
23 would join them shortly.
24
25 The agenda was accepted as presented.
26
27 CONSENT AGENDA
28
29 Councilmember Carlson moved to approve the Consent Agenda. Councilmember O'Donnell
30 seconded the motion.
31
32 Motion carried unanimously.
33
34 ITEM ACTION
35
36 A. CONSIDERATION OF EXPENDITURES:
37
38 i) January 23, 2006 (Check No. 75751 —
39 75863, $380,621). Approved
40
41 ii) Centennial Fire District (Check No. 15015 —
42 15026, $14,067) Approved
43
44 B. CONSIDERATION OF RESOLUTION NO.
45 05-XX,APPROVAL OF APPLICATION FOR
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
�-. 46 TEMPORARY ON-SALE LIQUOR LICENSE
47 FOR LINO LAKES LIONS CLUB Approved
48
49 C. CONSIDERATION OF RESOLUTION 06-06
50 AUTHORIZING THE ISSUANCE OF 2006
51 CERTIFICATES OF INDEBTEDNESS Approved
52
53 D. CONSIDERATION OF MINUTES OF
54 JANUARY 9, 2006 CITY COUNCIL MEETING Approved
55
56 FINANCE DEPARTMENT REPORT,AL ROLEK
57
58 There was none.
59
60 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
61
62 A. Promotion of Police Officer Kyle Leibel to Sergeant
63
64 Director of Administration Tesch summarized the Staff report, noting that Staff is recommending
65 approval of the promotion of Officer Kyle Leibel.
66
67 Councilmember Reinert moved to approve the promotion of Officer Kyle Leibel to the position of
68 Sergeant. Councilmember Carlson seconded the motion.
69
70 Motion carried unanimously.
71
72 C. Consideration of Employee Transfer from Administration to Community Development
73
74 Director of Administration Tesch summarized the Staff report, indicating that Staff is recommending
75 approval.
76
77 Councilmember O'Donnell moved to approve the transfer of Lisa Hogstad to the position of
78 Department Secretary in the Community Development Department. Councilmember Reinert
79 seconded the motion.
80
81 Motion carried unanimously.
82
83 B. Approval of 2006 City Council Meeting Schedule
84
85 Councilmember Reinert moved to approve the proposed 2006 City Council meeting schedule.
86 Councilmember O'Donnell seconded the motion.
87
88 Motion carried unanimously.
89
2
COUNCIL MINUTES JANUARY 23,2006
APPROVED
90 PUBLIC SAFETY DEPARTMENT REPORT,DAVE PECCHIA
91
92 A. Approval of request to renew contract with Otter Tail Animal Control Center
93
94 Police Chief Pecchia summarized the Staff report,indicating Staff recommends approval.
95
96 Councilmember O'Donnell moved to approve the annual renewal of the Otter Lake Animal Control
97 contract. Councilmember Reinert seconded the motion.
98
99 Motion carried unanimously.
100
lot PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER
102
103 There was none.
104
105 COMMUNITY DEVELOPMENT DEPARTMENT REPORT,MICHAEL GROCHALA
106
107 A. Annual Storm Water Pollution Prevention Program,Jim Jacques (TKDA)
108
io9 City Engineer Studenski summarized the Staff report, and introduced Jim Jacques from TKDA.
110
111 Mr. Jacques introduced himself, noting his firm did the City's Storm Water Pollution Prevention
112 Program. He stated that as required under the Clean Water Act,this is the annual public meeting. He
113 reviewed the components of the SWPPP, the items started, and/or those completed in 2005.
114
115 Councilmember O'Donnell indicated this is the second storm water agenda item already this year as
116 the result of Federal and State regulations, and he asked if Mr. Jacques foresees further regulations
117 and mandates that will be further imposed on storm water management. He questioned if the City
in gets any funding to help deal with the mandates.
119
120 Mr. Jacques stated he does, noting he would expect more regulations from both State and Federal
121 levels. He indicated that cities do not directly get money to help fund the mandates.
122
123 Community Development Director Grochala indicated that the majority of the storm water
124 requirements are paid by development,with the remainder paid by general property taxes.
125
126 Councilmember O'Donnell commented that some cities are looking at a utility fee for storm water
127 management. He stated that he knows no one wants to look at additional tax, but the City Council
128 needs to look at a way to pay for these mandates, and maybe basing it on usage is the best way to do
129 so. He indicated that he believes the feasibility study the City Council directed will be important.
130
131 Councilmember Reinert expressed a point of clarity on the feasibility study, indicating that the utility
132 fee is not a new fee, and the cost is already being paid for by the general fund, which residents pay.
n 133 He indicated that the utility fee would be looking at a more fair way of charging everyone, based on
134 usage, and there would not be additional dollars created by the fee.
3
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
n 135
136 Councilmember Carlson commented that she always gets concerned about looking at a new tax,
137 especially next year when they are looking at a 12.74% increase already, as indicated in the five-year
138 plan draft.
139
140 Councilmember O'Donnell countered that those are projected numbers before they even set the 2007
141 budget, and using the term new tax is misleading when it is something being paid by taxes already.
142
143 City Administrator Heitke clarified that the number mentioned came from a draft document given to
144 the City Council, and has not been approved. He stated that it is also not unusual to see an increase in
145 the dollar amount for services when a city is growing. He indicated that if the City Council
146 remembers from the presentation, the tax rate is actually going down slightly.
147
148 Mayor Bergeson stated that underlying this discussion is the concept of a user fee,which is a common
149 concept in government, used often to finance highways. He indicated that the same concept is what is
150 being proposed here; to charge those that create storm water, which is most of us.
151
152 Mayor Bergeson opened the public hearing at 6:56 p.m.
153
154 Mr. Jacques noted that the MN Pollution Control Board will be voting tonight on a new permit, and
155 over the next 90 days the city will be required to apply for coverage under that permit.
156
157 Councilmember Reinert moved to close the public hearing at 6:58 p.m. Councilmember O'Donnell
158 seconded the motion.
159
160 Motion carried unanimously.
161
162 B. Consideration of Resolution No. 06-08, authorizing an agreement with Anoka County
163 for 2006 Residential Recycling Program,Marty Asleson
164
165 Community Development Director Grochala summarized the Staff report, indicating that Staff is
166 recommending approval.
167
168 Councilmember Carlson moved to adopt Resolution No. 06-08 authorizing an agreement with Anoka
169 County for 2006 Residential Recycling Program. Councilmember O'Donnell seconded the motion.
170
171 Motion carried unanimously.
172
173 Resolution No. 06-08 can be found in the City Clerk's office.
174
175 C. Consideration of Resolution No. 06-10,Requesting Speed Study for CSAH 23 (Lake
176 Drive),Michael Grochala
177
178 Community Development Director Grochala summarized the Staff report, indicating Staff is
179 recommending approval.
4
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
�-• 180
181 Councilmember Carlson clarified that the speed study would include 600 additional feet, plus the
182 current 100 feet, for 700 total. Community Development Director Grochala stated that is correct.
183
184 Councilmember O'Donnell moved to adopt Resolution No. 06-10 requesting a Speed Study for
185 CSAH. Councilmember Reinert seconded the motion.
186
187 Motion carried unanimously.
188
189 Resolution No. 06-10 can be found in the City Clerk's office.
190
191 D. Consideration of Resolution No. 06-09, approving the planned unit development-final
192 plan for the YMCA at 725 Town Center Parkway, Paul Bengtson
193
194 City Planner Bengtson summarized the Staff report, indicating Staff is recommending approval.
195
196 Councilmember Carlson noted that the Staff report mentions that a contract was approved for the City
197 to provide land, funds, and utilities in exchange for a YMCA of approximately 50,000 square feet,
198 however the first phase of the development is only 37,304 square feet. She asked to hear from the
199 YMCA on the expansion.
200
201 Mr. Staley, VP for YMCA, indicated that the first phase is dependent on funds, and as they have done
202 in the past, is about 37,000 square feet. He indicated that the timeline for expansion,based on the pro
203 forma, is between two and five years.
204
205 Councilmember Reinert asked if the YMCA would be willing to commit to no more than five years,
206 since that is the outside number. He asked how the Council could be comfortable with five years if
207 the YMCA is not.
208
209 Mr. Staley indicated everything is based on the pro forma, and how well it does. He stated they
210 always want to expand into a community,but there is never a guarantee. He indicated he would hope
211 the timeframe would be closer to two years,but in good fiduciary responsibility he cannot make
212 guarantees.
213
214 Councilmember Carlson questioned if they needed to make amendments to the contract, however the
215 City Attorney has not seen the contract and could not comment.
216
217 Mayor Bergeson stated that he looks at the YMCA as being the cornerstone of the Town Center, and
218 as such should be the best looking building in the Town Center. He indicated the building has
219 improved, but he does not think they are quite there yet, and he hopes the YMCA will take the
220 opportunity to work with Staff and make any improvements they can.
221
222 Councilmember O'Donnell moved to adopt Resolution No. 06-09 approving the Planned Unit
,-� 223 Development-Final Plat for the YMCA. Mayor Bergeson seconded the motion.
224
5
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
125 Councilmember Stoltz arrived at 7:20 p.m.
226
227 Councilmember Carlson stated she will vote for this, as she believes the community has waited a long
228 time for it, and the YMCA is a good fit with their family-orientation. She indicated she thinks it is
229 important that additions to the YMCA are met, as the City is putting in the full contribution.
230
231 Councilmember Stoltz echoed the comments that the YMCA will be a great addition to the
232 community, and also that the expectation is that the townhomes,restaurants and businesses in the
233 Town Center will have high-quality facades. He stated he does like the addition of brick to the
234 YMCA building,but would encourage them to make it the best building they can in accordance with
235 the Town Center Standards.
236
237 Motion carried unanimously.
238
239 Resolution No. 06-09 can be found in the City Clerk's office.
240
241 E. Consideration of Resolution No. 05-153, Approving Comprehensive Plan Amendment,
242 Village of Hardwood Creek,Jeff Smyser
243
244 City Planner Smyser summarized the Staff report, indicating Staff recommends approval.
245
246 Kendra Lindahl,representing Hardwood Creek, stated this is a three-step process, and tonight is step
247 one. She noted they are only asking for three parts of the Comprehensive Plan Amendment, and the
248 rest of the items are clean up being requested by City Staff. She stated if this is approved, the next
249 step is where they will get at the details of the project. She indicated that they are requesting to do a
250 master plan development of 372 acres,which is a great opportunity for them and for the city. She
251 reviewed the scope of the project, and showed a layout of the concept plan. She talked about how the
252 mixed-use land use would allow them to integrate residential with commercial.
253
254 Ms. Lindahl explained that they completed a market survey and found Lino Lakes is ready for this
255 type of development. She stated their proposal is consistent with the guided land use plan, and they
256 are requesting approval. She noted that the proposal would provide improvement for CSAH 21,
257 which is currently a problem for residents. She reviewed how this proj ect meets the requirements that
258 will allow the City Council to approve numbers beyond the growth management plan. She indicated
259 that 20 to 25% of the project will be permanent open space.
260
261 Ms. Lindahl advised that they started the process two years ago,the entire time open about their
262 desire to exceed the growth limits set in the Growth Management Plan. She stated that they feel this
263 would not open the floodgates for development as has been mentioned because the Comprehensive
264 Plan has specific requirements that have to be met.
265
266 Ms. Lindahl stated they are not asking for public assistance with this project, and the development is
267 proposing to do all of the necessary public improvements. She indicated they are also participating in
,..\ 268 off-site improvements that are needed whether this project goes through or not. She stated that the
6
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
269 project at completion will add$5 million to the City's tax bill, which will be a great help for Lino
27o Lakes.
271
272 Ms. Lindahl indicated they have held 60 meetings and open houses with the community, and have
273 received great feedback from those meetings that they will incorporate into the plan. She stated she
274 thinks they have a concept plan they can move forward with, and they look forward to bringing back
275 more detailed plans.
276
277 Councilmember Reinert advised that two years ago they started discussions on master planning and
278 the obvious benefits to that type of development in providing infrastructure for the city. He indicated
279 they have done an AUAR of the area also. He stated that while they all passed the Comprehensive
280 Plan,he was never happy with this area. He indicated that there is a lot of industry planned here, and
281 he has never been in favor of high-density residential in Lino Lakes. He stated he would prefer that
282 there be a not to exceed of 4.5 units per acre rather than an average of 4.5 units per acre.
283
284 Councilmember Reinert also commented that the change to the growth management policy seems
285 redundant, and he feels it does expose the City to setting a precedent, and asked if that portion of the
286 Comprehensive Plan Amendment could be removed.
287
288 Councilmember Carlson asked about funding for the interchange, and the breakdown between the
289 parties involved. Community Development Director Grochala advised that it has not been
290 determined. He stated they have received approximately$1 million federal funding for pre-design
291 work. He indicated that other funds have been applied for,but nothing has been determined. He
292 advised that with Hardwood Creek they have a large development that would benefit from the
293 improvements, and who will look at contributions to the project.
294
295 Councilmember Carlson asked about timing of the housing, and City Planner Smyser indicated that
296 would be determined during the PUD review, which would require a staging plan for housing and
297 roadways. Community Development Director Grochala stated that he believes five to six years for
298 the total housing project, depending on the market for housing stock and site improvement schedules.
299 He noted they would be looking at six months to one year just for grading on the site.
300
301 Carlson asked about the maximum number of housing units allowed, as she believes there is a
302 conflict with the Staff report and the resolution. Community Development Director Grochala advised
303 that the count is a not to exceed number of 1150 units, or 4.5 per acre, but they do not know at this
304 time exactly how many units there will be.
305
306 Ms.Lindahl stated that currently 58% of the units are single-family detached units. She indicated that
307 in response to Councilmember Reinert's comments,with the right language they would be willing to
308 go to two-thirds low density and one-third medium density, as well as agreeing to say a maximum of
309 4.5 units per acre. She stated that as to the conservation development, they would like to see the
310 specific language, but if the language is clear that as long as Hardwood Creek comes in with a
311 Conservation Agreement they will be able to exceed 147 units per year it would be acceptable.
1101N 312 Community Development Director Grochala indicated they can add verbiage to the resolution.
313
7
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
314 Mayor Bergeson asked what value the $5 million in additional taxes is based on. Community
315 Development Director Grochala stated that the property is currently valued at $3.6 million, and the
316 estimated market value at build out is $332 million. He indicated that the City's portion of that $5
317 million is about $1.6 million, the school's portion is about $1 million, and the County and other
318 smaller taxing districts get the rest. He stated there are assumptions involved but they did have
319 Springsted review the calculations and they concurred.
320
321 Mayor Bergeson stated this is not a public hearing, however they would hear public comment.
322
323 Amy Donlin, 6100 Centerville Road,noted she has been involved with City affairs since college, and
324 has been involved with numerous Lino Lakes task forces and advisory committees, volunteering a lot
325 of time. She expressed concern about the development, indicating this was not the vision that those
326 who worked on the 2020 Vision plan had in mind. She noted the City is almost at their projected
327 population for 2020, and because of that they are facing infrastructure problems.
328
329 Ms. Donlin read a letter from her father, Art Hawkins,who also expressed concern about this
330 development, and asked that the City Council follow the road map laid out in terms of growth in Lino
331 Lakes.
332
333 Don Garosky, 6941 Black Duck Drive, stated he served over 12 years on the Economic Development
334 Board in Lino Lakes. He indicated he first got involved because of a concern about taxes and why
335 they were so high. He stated he is here to support Hardwood Creek from an economic standpoint,
336 noting they are not using TIF money, they will generate much needed tax revenue, and the fact that
337 this is under a master plan and not being done,piece-meal.
338
339 Mr. Rolly, 654 Fox Road,indicated he supports the project, noting it will bring money to help the
340 schools. He stated he has a development behind him with a beautiful pond and twelve nice new
341 neighbors, and he appreciates the combination of nature and development. He added that he also
342 wants to spend his money in his own community, and this development will allow him to do so.
343
344 Jeff Johnson, 615 River Birch Place, commended the City Council on master planning this area, and
345 supported the decision to put a maximum of 4.5 units per acre. He offered his support,noting he
346 would also like to spend his money in this community, and the additional tax base to offset taxes
347 would be beneficial.
348
349 Mike Trehus, 675 Shadow Court, indicated that the agenda item is for a Comprehensive Plan
35o Amendment,but the language being amended is not included. He commented that the City just
351 enacted this Comprehensive Plan three years ago, and is now looking at changing it, and expressed
352 concern that it was being changed to fulfill a developer's request. He stated that this proposal is not
353 controlled growth, and indicated that the City Council seems to be taking the hard work on the 2020
354 Vision and throwing it out the window, not to mention the Comprehensive Plan Task Force work. He
355 stated that Lino Lakes lets developers plan the city, and the City Council is making a mockery of the
356 growth plan.
357
358 Mayor Bergeson called a brief recess at 8:56 p.m.
8
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
359
360 The meeting resumed at 9:08 p.m.
361
362 Community Development Director Grochala reviewed the proposed changes to the resolution and
363 Exhibits as follows:
364 • Page 75, first paragraph, `...following public purposes,which are listed in the Mixed Use
365 section:'
366 • Page 77, third Be It Further Resolved,#1,A variety of single family and multi-family residential
367 development will include a maximum of 1150 dwelling units, and the net residential density is to
368 be no greater than 4.5 units per acre,with no less than two-thirds of the residential area reserved
369 for low density residential development,when including all land not within the commercial area.
370 • Page 78,Add Item 8, As provided for in Ord. 24.04, the developer will be allowed to exceed the
371 stipulated growth limits,provided that the provisions of Section 3 of Ord. 24.04 are satisfied in
372 conjunction with a PUD proposal.
373 • Page 81, West Side of 1-35E, fifth sentence, The net residential density shall not exceed 4.5 units
374 per acre,with no less than two-thirds of the residential area reserved for low density residential
375 development when including all land not within the commercial area. Said low-density area may
376 include detached and attached housing units,with the density not to exceed three units per acre.
377 • Page 82, second paragraph, is removed in its entirety.
378 • Page 82, section indicating 'The policy on page 27 of the comprehensive plan is amended to read
379 as follows, is removed in its entirety.'
380
381 Community Development Director Grochala commented that they have heard a lot of issues tonight,
382 and he wants to make it clear that this project has been going on for a long time. He stated that
383 master planning the corridor has been a goal of the City Council, and Staff has been working with
384 Hardwood Creek during the entire process. He indicated they have been trying to have as open a
385 process as possible, and have held numerous public meetings and public hearings. He stated they
386 have gone through the AUAR process, which looked at 4700 acres along the 35E corridor, and that
387 study was more detailed than anything involved with the Comprehensive Plan process. He indicated
388 this was not done just between Staff and the developer, it involved a 31 person Task Force. He stated
389 there were numerous meetings, and all of the information has been posted on the City's website and
390 available to the public. He noted that the AUAR is being held up as a model within the seven county
391 metro area and the state as a great example.
392
393 Community Development Director Grochala indicated there are traffic issues on CSAH 21 now
394 without this development, and they are hoping to resolve those issues with this development. He
395 stated that a large share of the industrial property along the corridor is not likely to develop anytime
396 soon. He indicated that the opportunity for commercial and residential will significantly increase the
397 tax base, and is supported by several goals of the Comprehensive Plan. He indicated that 147 housing
398 units per year does not address transportation, and it does not address open space. It is a number
399 between the low growth scenario and the high growth scenario, and is not a magic number. He noted
400 that the growth population number they heard tonight was from 1997 based on 147 units per year for
401 23 years at a specified number of people per household, however the growth management plan was
'02 not adopted until 2003, and a lot had changed in that time.
403
9
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
104 Community Development Director Grochala commented that the Environmental Board and the
405 Planning and Zoning Board noticed that even though they are slowing down growth with the growth
406 management plan, they are not really permitting the kind of growth that the City would want. He
407 stated the developer has walked through the process with us for two years, and this is the kick off to
408 what will need to be done over the next few years. He indicated there will be a lot of tough decisions
409 over the next six months,but he wants to make it clear that this did not just happen without a lot of
410 thought and a lot of input from the community
411
412 Councilmember Reinert moved to adopt Resolution No. 05-153 approving amendment of the
413 Comprehensive Plan to amend the proposed land use map,request 370 acres of MUSA, and amend
414 text with the changes outlined by staff. Councilmember Stoltz seconded the motion.
415
416 Councilmember Carlson expressed continued concern about the amount of development being
417 proposed. She read a letter from Centerville indicating they have reservations on the development,
418 and would like to delay development until CSAH 14 improvement is underway. She commented that
419 as was mentioned, they did just approve this Comprehensive Plan in 2003. She stated she would
420 support a new review,but that is a different process than the process this took, and requires a citizen
421 review.
422
423 Councilmember Reinert noted there was a citizen survey done a few years back, and there is a new
424 one being done, and while growth was one issue, taxes were another. He stated the people want a
425 diversification of the tax base, as well as places to shop within the city. He noted this development
426 provides nine miles of trails, and 70 to 8.0.acres of open space. He stated that the letter from
427 Centerville City Council was from one of their members, and.not from the Council as a whole. He
428 commented that the cities around them are adding hundreds of homes per year, and if they go even to
429 247 units he thinks that is still conservative.
430
431 Councilmember Carlson clarified that the letter from Centerville indicates that the Planning
432 Commission and the City Council reviewed the Comprehensive Plan amendment. She stated that
433 because it is signed by the mayor, she thinks it is a letter from Centerville, not a single City Council
434 member. She indicated she stands by the numbers she quoted and her concern about the level of
435 growth and the pressures that will be placed on them concerning other areas of the city.
436
437 City Administrator Heitke indicated that the letter form Centerville was discussed at the work session,
438 and he has responded. He indicated that to be fair since the letter was read into the record, they need
439 to hear staff response.
440
441 Community Development Director Grochala stated that he has responded to the letter and has
442 discussed the proposal with them, and after explaining this was not approval of a project,but only a
443 Comprehensive Plan amendment, they were perfectly comfortable with it. He stated that both cities
444 are concerned with the need for improvement of several roads in conjunction with this project.
445
446 Councilmember O'Donnell indicated that there are a lot of facts and figures. He stated that one
,-� 147 weekend he tried to get a grasp on this, and contacted several members of the Environmental Board,
448 speaking with three. He indicated they were all supportive of this project. He stated they knew there
10
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
149 was a lot of work to be done,but thought the City was off to a good start. He indicated that means
450 more to him than anything he heard tonight. He stated he looks to the Environmental Board for
451 direction on this type of project, and they all had good things to say about what this project will mean
452 to our city.
453
454 Councilmember Stoltz indicated that they have heard testimony from a lot of people, including
455 citizens of Lino Lakes, and members of the Environmental Board,Planning and Zoning Commission,
456 and Park Board,who volunteer their time to the City and live and breathe Lino Lakes. He indicated
457 that the City Council was asked to stay away from the meetings so they did not encourage their own
458 agendas, and the meetings could remain citizen focused. He stated the residents want Lino Lakes to
459 be known for more than gas stations, and they want services and amenities in their city. He indicated
460 that the people want restaurants, commercial, life-cycle housing, even job opportunities for their kids.
461 He indicated that commercial pays higher taxes, and takes the burden off the home owners. He
462 indicated that he wants the citizens to know he is positive about the future of Lino Lakes. He stated
463 he enthusiastically supports this project, and he believes the needs of the residents will be well served.
464
465 Mayor Bergeson reiterated that the 12.74%increase in property tax revenue is a good thing for Lino
466 Lakes,because a lot of it came from new business, and to quote it as a burden for the residents is not
467 the whole picture. He indicated that 147 homes is not building permits,but is new platted lots. He
468 stated they need to be careful how that number is quoted, as there are a lot of platted lots that can be
469 built on right now. He indicated that the 35E corridor is going to develop, and there is a lot of interest
470 in it from Lino Lakes to Forest Lake and beyond. He stated there is no question it will develop,just
471 how and when. He indicated they will be getting green space they would not get if they developed the
472 land as the Comprehensive Plan currently shows, and the $332 million tax base is important. He
473 indicated when he looks at the plan he sees trees and green and water, and when he drives by there
474 now he sees corn and dirt.
475
476 Motion carried. Vote: 4:1 Councilmember Carlson opposed.
477
478 Resolution No. 05-153 can be found in the City Clerk's office.
479
48o F. Consideration of Resolution No. 06-11,Revoking Municipal State Aid Street
481 Designation,Michael Grochala
482
483 Community Development Director Grochala reviewed the Staff report, indicating Staff recommends
484 approval.
485
486 Councilmember Stoltz moved to adopt Resolution No. 056-11 revoking Municipal State Aid Street
487 Designation for Birch Street. Councilmember O'Donnell seconded the motion.
488
489 Motion carried unanimously.
490
491 Resolution No. 06-11 can be found in the City Clerk's office.
,^ 492
11
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
,---,,493 UNFINISHED BUSINESS
494
495 A. Consideration of minutes of December 14, 2005 Council Work Session Minutes
496
497 Councilmember Stoltz moved to approve the minutes of the December 14, 2005 Council Work
498 Session. Councilmember O'Donnell seconded the motion.
499
500 Motion carried unanimously.
501
502 B. Consideration of minutes of December 19, 2005 City Council Meeting Minutes
503
504 Councilmember Carlson asked for changes to lines 290 and 291. She indicated that she brought those
505 changes to the work session and asked that they be struck, noting she played the tape and requested it
506 be corrected as it does not portray a true picture. She asked for the City Attorney's opinion.
507
508 The City Attorney opined that if the minutes have not been approved, any Councilmember can make a
509 motion.
510
511 Councilmember O'Donnell commented that he was not a Councilmember during this meeting and
512 could not vote.
513
514 Councilmember Carlson moved to approve the minutes of the December 19, 2005 City Council
515 Meeting with changes. The motion died for lack of a second.
516
517 Councilmember Reinert moved to approve the minutes of December 19, 2005 City Council Meeting
518 Minutes. Councilmember Stoltz seconded the motion.
519
520 Motion failed. Vote: 2:2:1 Mayor Bergeson and Councilmember Carlson opposed, Councilmember
521 O'Donnell abstained.
522
523 C. Consideration of minutes of September 8, 2005 Special Council Work Session Minutes
524
525 There was discussion concerning which version of notes should be approved.
526
527 Councilmember Reinert moved to table the minutes of September 8,2005 to the next Council
528 Meeting and direct Staff to provide the original copy to the Council. Councilmember Stoltz seconded
529 the motion.
530
531 Motion carried unanimously.
532
533 NEW BUSINESS
534
535 A. Consideration of minutes of January 4, 2006 Council Work Session Minutes
n 536
12
COUNCIL MINUTES JANUARY 23, 2006
APPROVED
,1� 537 Councilmember O'Donnell moved to approve the minutes of the January 4, 2006 Council Work
538 Session. Councilmember Reinert seconded the motion.
539
540 Motion carried unanimously.
541
542 COMMUNITY CALENDAR January 24, 2006 THROUGH February 13, 2006:
543
544 A) Wednesday,January 25,2006, 6:30 p.m.,Environmental Board Meeting
545 B) Wednesday, February 2,2006; 7:00 a.m.,Economic Development Advisory
546 Committee
547
548 C) Monday,February 6, 2006, 6:30 p.m., Park Board Meeting
549
550 D) Wednesday, February 8,2006, 5:30 p.m., City Council Work Session
551
552 E) Wednesday,February 8,2006, 6:30 p.m.,Planning& Zoning Board Meeting
553
554 F) Monday, February 13, 2006, 6:30 p.m., City Council Meeting
555
556 ADJOURN
557
558 There being no further business, Councilmember Carlson moved to adjourn at 10:45 p.m.
559 Councilmember O'Donnell seconded the motion.
560
561 Motion carried unanimously.
562
563 These minutes were considered and approved at the regular Council Meeting, February 13, 2006.
564
565
566
567
568 Julie e 1, City Clerk John Bergeson, Mayor
569
570 Transcribed by:
571 Karen Bucklen
572 Timesaver Off Site Secretarial, Inc.
573
13
CITY COUNCIL WORK SESSION FEBRUARY 8, 2006
APPROVED
1
2 CITY OF LINO LAKES
3 MINUTES
4
5 DATE : February 8, 2006
6 TIME STARTED : 5:40 p.m.
7 TIME ENDED : 9:50 p.m.
8 MEMBERS PRESENT : Councilmember Carlson,
9 Reinert, Stoltz and Mayor Bergeson
to MEMBERS ABSENT : O'Donnell,
11
12 Staff members present: City Administrator, Gordon Heitke; Community Development
13 Director, Michael Grochala; Chief of Police,Dave Pecchia(part); Community
14 Development Coordinator, Mary Alice Divine (part); Finance Director, Al Rolek (part);
15 Environmental Specialist,Marty Asleson (part); Public Services Director, Rick
16 DeGardner(part); and City Clerk, Julianne Bartell
17
18
19 ENVIRONMENTAL BOARD GOALS
20
21 Ms. Mary Jo O'Dea, Environmental Board Chair, came forward and reviewed the
22 Environmental Board Goals 2006 in detail. She noted staff is recommending approval of
23 the goals.
24
n 25 Councilmember Reinert requested copies of the Environmental Board recommendations
26 for all future development projects.
27
28 This item will appear on the regular Council agenda Monday,February 13, 2006, 6:30
29 p.m.
30
31 YMCA
32
33 Community Development Director Grochala stated on January 23, 2006 the City Council
34 approved a PUD Final Plan for the Chain of Lakes YMCA. The approved plan was for a
35 first phase of development that will include 37,304 square feet,with future phases
36 proposed to include a gymnasium expansion of approximately 4,200 square feet, a leisure
37 pool of approximately 5,400 square feet, and a multi-purpose room.
38
39 Community Development Director Grochala advised in 1999, the City and the YMCA of
40 Greater Saint Paul formed a partnership for the purpose of constructing a YMCA in Lino
41 Lakes. The City's participation was in response to the 20/20 Vision process and the
42 citizen survey, which indicated strong support for a community center.
43 • 77% favored the construction of a community center
44 • 59% supported issuance of construction bonds to build a community center
45 • 73% supported operation of all or parts of a community center by a private
46 company
1
UITY COUNCIL WORK SESSION FEBRUARY 8,2006
APPROVED
1
2 Community Development Director Grochala stated in addition, the City was attempting
,...� 3 to create a mixed use downtown that would be a source of community identity and pride,
4 and the YMCA was considered a vital link in providing that identity and helping to spur
5 further commercial development in the downtown.
6
7 Community Development Director Grochala explained that in the original agreement
8 approved in 1999, the City agreed to financial participation of$1.5 million in cash for
9 construction,plus land and infrastructure estimated at the time to be approximately
10 $500,000, for a total cash contribution of$2 million. The land was approximately 7 acres
11 that had been removed from the regional park in a"land swap"that was approved by the
12 Metropolitan Council. Through the swap the city received 14 acres for the city hall and
13 YMCA at a cost of$300,000.
14
15 Community Development Director Grochala stated in turn, the YMCA agreed to build
16 approximately 37,000 square feet that included a "teen center, gym, indoor pools,
17 running/walking track, cardiovascular/strength training area, aerobic studio,family
18 program space and Child Watch. Building design will provide for future expansion
19 opportunities. "City residents would receive discounted membership fees and"open
20 community" days where all residents could use the facilities. The Council considered this
21 joint venture a way to get a family oriented community center for approximately 30 cents
22 on the dollar with no long-term operations and maintenance costs.
23
24 Community Development Director Grochala advised that in 1999 Springsted, Inc. studied
^� 25 the financial implications of the city's commitment and analyzed financing options. At
26 the time of the study, the YMCA had completed market research that indicated a 46,000-
27 square foot facility would better serve the community, for a cost of approximately$6
28 million. The YMCA capital funding was to be limited to $2 million. The city's cash
29 contribution was estimated to be $2 million total. The remaining was to be from
30 community contributions.
31
32 Community Development Director Grochala stated an updated analysis in 2004 by
33 Springsted recommended using tax abatement, a tool that was not available in 1999, to
34 pay for the city's $1.5 million cash contribution. The City Council established a Tax
35 Abatement District in the southern portion of the Woods Edge development to capture the
36 city portion of taxes generated by new development. Springsted estimated the cost to a
37 taxpayer in a$228,000 home to be $20/year, declining over the life of the bonds, but
38 growth in residential tax base could offset any increase in the tax rate.
39
40 Community Development Director Grochala noted the City has also benefited from the
41 development of Legacy at Woods Edge with Hartford Group as the master developers. If
42 the YMCA had been constructed prior to Woods Edge being underway,the city would
43 have been obligated for the costs of construction of Town Center Parkway, including
44 improvements to the Lake Drive intersection, plus extension of utilities, to the YMCA
2
l:l l Y k-M IN UIL W UKK SESSION FEBRUARY 8,2006
APPROVED
1 site. The Woods Edge development required these infrastructure improvements, which
2 are fully assessed to Hartford Group, thus relieving the city of that obligation.
3
4 Community Development Director Grochala advised the YMCA has spent years
5 fundraising in the community, and has approximately$6.3 million available for
6 construction. However, construction costs have risen considerably since 1999. A
7 community capital campaign is underway to attempt to raise an additional $800,000
8 needed to build the full sized gym. While continuing to try to raise funds, the Y board
9 concluded the first phase needs to be in the ground this year, and submitted for approval
10 what could be built with$6.3 million. This facility includes a half-sized gym, and the
11 leisure pool and multi-purpose room were omitted,while recognizing these facilities
12 could be added in the future. The exterior fagade of the facility also falls short of the
13 architectural and materials standards set for the Woods Edge downtown development.
14
15 Community Development Director Grochala continued indicating City Council members
16 have expressed their concern with the size of the first phase of the YMCA facility, the
17 lack of a leisure pool which is attractive to the young family demographic in Lino Lakes,
18 and the lack of architectural appeal of the facility.
19
20 Community Development Director Grochala stated staff has discussed with the YMCA,
21 Springsted, and Kennedy& Graven options that might be available to provide the size
22 and type of facility that City Council and the community had anticipated. It is estimated
23 that currently$1,850,000 is needed to do the building that was approved,with the
24 addition of the leisure pool.
25
26 Community Development Director Grochala explained the following alternative funding
27 scenario that provides $1,850,000 to build the leisure pool in the first phase,plus
28 additional upgrades to the fagade of the building.
29
30 1. Part of the 2005 updated agreement called for a 5-year, 10 percent discount to
31 Lino Lakes residents on their monthly membership fees at the YMCA. While this
32 is a considerable benefit to residents who join the Y,it restricts the ability of the
33 YMCA to take on more debt, and benefits only residents who become members. If
34 that portion of the agreement were eliminated, it would enable the YMCA to take
35 on an additional $1 million in debt.
36
37 2. Springsted updated its analysis of the capacity of the Tax Abatement District,
38 based on assumptions of anticipated values and phasing of the southern portion of
39 Woods Edge. A 15-year abatement will generate $2,406,845.
40
41 3. The city is currently committed to 15-years of abatement for its $1.5 million
42 contribution. There is capacity available to provide the additional$850,000 to
43 meet the current gap in funding. This potential additional contribution would be
44 capped at $850,000. Any additional funds raised by the YMCA would lower the
3
k-11I Y l.VUiNI-M W VKISI SENSION FEBRUARY 8, 2006
APPROVED
1 city's commitment. The amount of the city's additional contribution would be
2 based on final bid numbers and additional funds raised through fundraising.
3
4 4. Because the city did not have to find a funding source for extension of road and
5 utilities to the YMCA,the total city contribution, in today's dollars, remains
6 approximately the same 30 cents on the dollar that was originally anticipated in
7 1999.
8
9 5. The City Parks and Recreation Department is currently working with the YMCA
10 for additional joint programming and opportunities for all residents to be able to
11 utilize the facility.
12
13 Community Development Director Grochala stated staff is seeking Council direction
14 regarding this alternative,based on the benefits gained from completing the YMCA
15 leisure pool with phase one,rather than some undetermined time in the future.
16
17 Actions required to accomplish this would include:
18
19 1. City Council adds to the Monday, February 13 agenda a resolution calling for
20 a public hearing to grant a property tax abatement and to amend the business
21 subsidy agreement to the with the YMCA
22 2. Hold the public hearing on Monday, February 27 and consider adoption of the
23 property tax abatement and amendment to the business subsidy agreement.
24
25 Mayor Bergeson stated the two issues are abatement and the proposal to not give discount
26 memberships to residents.
27
28 Representatives answered Council questions regarding fees,programs capital fundraising
29 efforts, amenities and memberships. The Council questioned the value of the YMCA to
30 residents if the 10% discount for memberships to residents is eliminated.
31
32 The representatives from the YMCA indicated they were meeting with the local YMCA
33 Board tomorrow evening and would discuss ways to open up the facility to non-members
34 in the community throughout the year.
35
36 Mr. Steve Bubal, Kennedy and Graven, explained the abatement process noting the
37 increase in the amount of abatement is workable and will not set a precedent for other
38 abatements.
39
40 Ms. Terry Heaton, Springsted, stated she is recommending the abatement tool because it
41 spreads the debt over the whole tax base and also gives the City the lowest interest rate.
42 She noted the City would save approximately$150,000 over the life of the bonds by
43 using tax abatement.
44
4
UlI Y UOU.NCIL WORK SESSION FEBRUARY 8,2006
APPROVED
1 The resolution calling for a public hearing to grant property tax abatement and to amend
2 the business subsidy agreement with the YMCA was added to the regular Council agenda
3 Monday,February 13, 2006, 6:30 p.m.
4
5 ADVISORY BOARD APPOINTMENT PROCESS
6
7 City Administrator Heitke advised an announcement of the application period for
8 advisory board appointments was published in the Quad Press on November 15, 2005,
9 with the application deadline of December 9, 2005. The City Council chose to extend the
10 application period at its work session of January 4, 2006. This extended application
11 period was published in the newspaper on January 17, 2006, with the application deadline
12 of January 31, 2006.
13
14 City Administrator Heitke noted the number of applicants for each advisory board,
15 exceed the number of vacancies, so the Council can move forward with in the
16 appointment process. He advised one additional application was found on the
17 receptionist's desk the morning of February 1, 2006.
18
19 City Administrator Heitke stated staff is seeking direction as to when the Council wishes
20 to interview applicants. Also, staff is seeking direction from the Council as to the
21 handling of the application,which was found on the receptionist's desk at 8 a.m. on
22 February 1. Staff normally administers deadlines to be the end of the workday. Another
23 person did not apply since they could not get their application to City Hall before closing
24 time on the deadline day.
25
26 The Council discussed the application that was received on February 1. Councilmember
27 Reinert and Councilmember Stoltz indicated the applicant should not be interviewed
28 because the application was not received before the deadline. Councilmember Carlson
29 stated she believes the applicant should be interviewed because there was not a time of
30 day posted on the deadline. Mayor Bergeson indicated he did not mind if the application
31 was or was not interviewed.
32
33 The Council gave no clear direction to staff regarding this matter.
34
35 Council directed staff to schedule advisory board interviews the nights of February 20 and
36 22 at 5:30 p.m. The Council also suggested staff shortens incumbents' questions and
37 streamline interviews.
38
39 SUPER RINK PARTICIPATION
40
41 Councilmember Carlson stated she may have a conflict of interest regarding this issue and
42 would like an opinion from the City Attorney. She excused herself to the back of the
43 room to listen to the discussion.
44
/'1
5
gat Y UOUNCIL WORK SESSION FEBRUARY 8, 2006
APPROVED
1 City Administrator Heitke advised during the"Super Rink Request"discussion at the
2 January 18, 2006 Council work session, several questions were posed. Attached to the
3 staff report are Mr. Erickson's responses to those questions.
4
5 City Administrator Heitke noted there is a special clause in the draft resolution allowing
6 the City of Lino Lakes sole discretion to pay in 2006 or 2007 (Article 2). Also, the NSC
7 will continue to offer public skating programs (Article 4).
8
9 City Administrator Heitke stated the Centennial Youth Hockey Association (CYHA) is
10 requesting funding from the cities of Lino Lakes, Centerville and Circle Pines to help
11 assist the funding of the Super Rink expansion. With a total commitment to fund
12 $780,000 the CYHA is requesting that the area cities fund$100,000 collectively as
13 distributed below:
14
15 City of Lino Lakes $72,000
16 City of Centerville $16,000
17 City of Circle Pines $12,000
18
19 Additionally, the City of Lino Lakes would be responsible for 1,340 hours of ice time per
20 year.
21
22 City Administrator Heitke stated the Council needs to determine whether the City of Lino
23 Lakes is willing/able to commit funding for this endeavor. The Park Board discussed this
24 at their February 6 meeting. The Park Board was generally supportive of the proposal and
25 thought it was a good opportunity for the City.
26
27 Mr. Erickson distributed and reviewed the Risk Assessment noting the CYHA is
28 obligated to buy 860 hours/year(by contract) of the 1,340 hours of ice time the City is
29 responsible for. He stated the City of Centerville passed the resolution unanimously. The
30 City of Circle Pines has offered favorable comments and will be voting on the resolution
31 next week. He stated the CYHA is open to the City's thoughts on the timing of a
32 financial commitment.
33
34 Mr. Erickson distributed a resolution allowing for a$24,000 payment in January 2007,
35 2008 and 2009.
36
37 Finance Director Rolek advised that the Council needs to be aware of the fact that there is
38 a financial risk due to the required ice time. He stated a precedent might also be set for
39 other organizations. He advised the Council that the City would have to raise taxes or
40 lower City serviced to pay for this endeavor.
41
42 The resolution for Super Rink participation was added to the regular Council agenda
43 Monday, February 13, 2006 6:30 p.m.
44
,ram
6
t.11 1 �VU1rl..1L wvlcls at.L1)2J1u1v YEBRUARY 8, 2006
APPROVED
1 VLAWMO RESOLUTION
2
3 City Administrator Heitke advised that throughout the past two years, discussions have
4 occurred within the VLAWMO in order to have the necessary resources to effectively
5 manage the water resources within its jurisdiction. Recently, member units, including
6 Lino Lakes, agreed to extend the joint powers agreement for an additional year in order to
7 allow for the exploration of ways to obtain adequate financial resources, as well as
8 address the need for a water plan and resolve governance issues.
9
10 City Administrator Heitke stated the Board of Directors has proposed to address the
11 funding problem by proposing legislation, which would make VLAWMO a special
12 purpose taxing district, allowing them to levy taxes on properties within their jurisdiction.
13 The Board is seeking resolutions of support from its member units for this legislation.
14
15 Mr. Jeff McDowell, Lino Lakes representative on the VLAWMO Board, came forward
16 and explained the proposed legislation and resolution of support with the Council.
17
18 The Council indicated unanimous support for the proposed resolution proposing a special
19 purpose taxing district, allowing them to levy taxes on properties within their jurisdiction.
20
21 This item will appear on the regular Council agenda Monday, February 13, 2006, 6:30
22 p.m.
23
24 Mayor Bergeson called for a short break at 9:04 p.m.
25
26 Mayor Bergeson reconvened the meeting at 9:15 p.m.
27
28 REGULAR AGENDA ITEMS
29
30 Item 7A, September 8, 2005 Special Council Work Session Minutes— City Clerk Bartell
31 distributed a memo outlining the history of the minutes. It was noted that action needs to
32 be taken on the minutes.
33
34 Ms. Caroline Dahl, 1101 Holly Court East, came forward and distributed three different
35 draft copies of the minutes noting their differences.
36
37 City Clerk Bartell advised the draft minutes in the Council packets are the original draft
38 received from TimeSaver.
39
40 Councilmember Carlson referred to the December 19 Council minutes. She asked that
41 they be reconsidered and requested an opinion from the City Attorney regarding the
42 reconsideration of the minutes.
43
44 Councilmember Carlson questioned if there is a new format for the expenditures. She
45 also requested a copy of the staff report for Item 1D, Resolution No. 06— 13, Correcting
n
7
t.il 1 <.VU1�l.1L VV%it l"ajr.331v11 kE.BRUAKY 8, LUU6
APPROVED
1 the 2007 City Council/Mayor Salary Schedule. She asked that this item be taken off the
2 consent agenda and an explanation given at the regular Council meeting.
3
^` 4 There were no other changes to the regular agenda.
5
6 The meeting was adjourned at 9:50 p.m.
7
8 These minutes were considered, corrected and approved at the regular Council meeting held on
9 February 27, 2006.
10
11
12
13
14 u ' nne artell, City Cl rk ohn erg on, Mayor
15
16 Transcribed by:
17 Kim Points
18 TimeSaver Off Site Secretarial, Inc.
19
8
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : February 13,2006
6 TIME STARTED : 6:32 P.M.
7 TIME ENDED : 8:28 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson,O'Donnell,Reinert, Stoltz
9 and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; Director of Administration, Dan Tesch;
13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner,
14 Paul Bengtson; City Attorney,Bill Hawkins; and City Clerk, Julie Bartell.
15
16 OPEN MIKE
17
18 There was none.
19
20 SETTING THE AGENDA
21
22 The agenda was accepted as presented.
23
24 CONSENT AGENDA
25
26 Councilmember Stoltz moved to approve the Consent Agenda. Councilmember O'Donnell seconded
27 the motion.
28
29 Motion carried unanimously.
30
31 ITEM ACTION
32
33 A. CONSIDERATION OF EXPENDITURES:
34
35 i) February 13, 2006 (Check No. 75864—
36 75990, $316,493.40). Approved
37
38 ii) Centennial Fire District (Check No. 15030—
39 15053, $88,070.08) Approved
40
41 B. CONSIDERATION OF RESOLUTION NO.
42 06-12, APPROVAL OF PREMISES PERMIT
43 APPLICATION, VFW POST 6583 Approved
44
45 C. CONSIDERATION OF RESOLUTION 06-14
46 AMENDING THE 2006 FEE SCHEDULE
47 ORDINANCE NO. 12-05 TO INCLUDE A
48 CHARGE FOR PROVIDING INFORMATION
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
49 ON DVD OR COMPUTER DISC Approved
50
51 D. CONSIDERATION OF RESOLUTION NO.
52 06-13, CORRECTING THE 2007 CITY COUNCIL/
53 MAYOR SALARY SCHEDULE (ORDINANCE
54 NO. 10-05) Removed
55
56 E. CONSIDERATION OF RESOLUTION NO.
57 06-26,APPROVING A 3.2 OFF-SALE LICENSE
58 FOR JASON'S BOBBY & STEVE'S AUTO
59 WORLD AT 7090 21ST AVENUE SOUTH Approved
60
61 F. CONSIDERATION OF APPROVAL OF
62 MINUTES OF JANUARY 23,2006 CITY COUNCIL
63 MEETING Approved
64
65 G. CONSIDERATION OF APPROVAL OF
66 MINUTES OF JANUARY 18, 2006 COUNCIL WORK
67 SESSION Approved
68
69 FINANCE DEPARTMENT REPORT,AL ROLEK
70
^ 71 There was none.
72
73 ADMINISTRATION DEPARTMENT REPORT,DAN TESCH
74
75 A. Consideration of Resolution No. 06-25, Supporting a Special Taxing authority for
76 VLAWMO
77
78 City Administrator Heitke summarized the Staff report, noting that Staff is recommending approval of
79 the support of designating VLAWMO as a special taxing authority.
80
81 Councilmember Carlson moved to adopt Resolution No. 06-25, supporting a Special Taxing
82 Authority for VLAWMO. Councilmember O'Donnell seconded the motion.
83
84 Councilmember O'Donnell stated that he thinks that bringing visibility and accountability to this,
85 rather than having it hidden in the general levy, is a good thing. He indicated he supports VLAWMO
86 in this decision.
87
88 Councilmember Carlson commented that last year the Council supported an extension of the Joint
89 Powers Agreement for another year. She stated that they need this to move forward, and whether they
90 stay as a Water Management Organization, or join with a Watershed District, the Council agreed to
91 support them and this is necessary support.
92
.--� 93 Councilmember Stoltz stated that while he thinks VLAWMO is a noble service,he feels they should
94 merge with a larger Watershed District.
2
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
95
96 Motion carried with Council Member Stoltz voting nay.
97
98 Resolution No. 06-25 can be found in the City Clerk's office.
99
100 B. Consideration of Hiring Georgia Roering as Building Permit Technician
101
102 City Administrator Heitke summarized the Staff report, indicating that Staff is recommending
103 approval.
104
105 Councilmember O'Donnell moved to approve the hiring of Georgia Roering as Building Permit
106 Technician. Councilmember Reinert seconded the motion.
107
108 Motion carried unanimously.
109
110 C. Consideration of Resolution No. 06-13, Correcting the 2007 City Council/Mayor Salary
11l Schedule (Ordinance No. 10-05)
112
113 City Clerk Bartell summarized the Staff report, indicating that Staff is recommending approval.
114
115 Councilmember Carlson noted that in the past when they have approved these schedules they were for
116 four years. She asked what the figures will be for 2008, 2009 and 2010.
.17
118 City Clerk Bartell stated that the Director of Administration would be bringing those numbers
119 forward at a later date.
120
121 Councilmember Stoltz moved to approve the proposed 2007 City Council/Mayor Salary schedule.
122 Councilmember Reinert seconded the motion.
123
124 Councilmember Carlson stated that she will vote to support this. She indicated that when this came
125 before the Council and she seconded the motion it was with the understanding that it was for four
126 years. She stated that the only concern with voting on only one year is wondering what the increase
127 will be for the other years.
128
129 Mayor Bergeson clarified that the salary reduction was a small reduction for one year. He stated that
130 the supporting documents did not have the right figures, so this is to clarify.
131
132 Motion carried unanimously.
133
134 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
135
136 There was none.
137
138 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER
139
3
COUNCIL MINUTES FEBRUARY 13,2006
APPROVED
14o A. Consideration of Resolution No. 06-28, approving City participation in the Super Rink
141 Expansion Project
142
143 Councilmember Carlson advised that she has two grandchildren that participate in the Hockey
144 Association. She stated that she was concerned about a conflict of interest, and therefore asked for a
145 legal opinion. She read the option for the City Attorney, indicating there was no conflict.
146
147 Public Service Director DeGardner summarized the Staff report,indicating that Staff is
148 recommending approval.
149
150 Councilmember Carlson asked if the $680,000 the Centennial Youth Hockey Association is putting
151 up is funds on hand or future receipts. She was informed the funds would be obtained by various
152 sources, including a note and fundraising from charitable gambling.
153
154 Councilmember Carlson indicated that Mary Capra,the Mayor of Centerville, spoke with Anoka
155 County and was told that the cities are being told to back the bonds for the difference between 860
156 and 1340 hours.
157
158 Mr. Ericsson explained that the 1340 hours are the core hours of peak time,noting that Lino Lakes
159 will be in a more favorable position than the original core cities.
160
161 Mayor Bergeson suggested that they need to be careful using the term `back the bonds', since they are
162 not funding or backing them in terms of default;they are simply committing to some ice time.
163 Councilmember O'Donnell added that it was not a surprise, as it was presented at the work session.
164
165 Councilmember Carlson stated she was just suggesting that Centerville is seeking more information
166 from what it says in the resolution.
167
168 City Administrator Heitke added that there would also be an agreement brought back and reviewed by
169 the City Attorney as to the hours that Lino Lakes would be responsible for backing, on which the
170 Council will take action February 27th
171
172 Mr. Ericsson explained the difference from what the original cities were asked to do, and how the
173 current cities are being asked to participate. He stated that Centerville approved a general resolution,
174 and will approve the full agreement at their next meeting. He added that Circle Pines will hear the
175 item at their meeting tomorrow night,however the City Administrator believes it will pass.
176
177 Councilmember Reinert asked about the 216 free passes, and at least one evening of free skating. He
178 stated he was hoping for more.
179
180 Councilmember Stoltz moved to adopt Resolution No. 06-approving City Participation in the Super
181 Rink Expansion Project. Councilmember Reinert seconded the motion.
182
183 Councilmember Carlson stated that she thinks it is overall a good project, but she is hearing two
184 different things as far as the number of hours. She commented on the projection that Centerville ran
4
COUNCIL MINUTES FEBRUARY 13,2006
APPROVED
185 on possible costs,noting that Lino Lakes could be looking at an additional cost of$1.5 million over
186 20 years. She stated that she does not believe they have all of the facts they need.
187
188 Councilmember Reinert commented that information is being presented that none of the rest of the
189 Council has, and asked that it be distributed.
190
191 Mr. Ericsson commented that the typical ice arena is selling 2000 to 3000 hours of ice per year, and
192 the participating cities are only being asked to guarantee 1340 hours, therefore the risk is minimal.
193 He agreed that if you assume no hours are sold over 20 years it is a staggering number,but that is an
194 erroneous assumption. He stated that the cities currently supporting the NSC are backing 2000 hours
195 per year, and the rink is selling 2800 hours, so they are well over. He indicated that if the City asked
196 Springsted or any of the other organizations doing the projections they would say there is little to no
197 risk.
198
199 Councilmember Reinert clarified that basically if all growth stops, and hockey goes away, this could
200 be a concern. He also clarified that the passes and free nights go on forever,which was
201 acknowledged that they do.
202
203 City Administrator Heitke noted that the backing of hours has been thoroughly discussed. He stated
204 that Springsted was at the work session and did not express concerns.
205
206 Mr. Ericsson clarified the comment about Anoka County not requesting the contribution Lino Lakes
.—� 207 is making,noting that Anoka County asked that CYHA find cities that will back the sheets of ice, and
208 CYHA is requesting assistance from the cities involved.
209
210 Councilmember Stoltz stated he thinks this is great, and he welcomed them to Lino Lakes.
211
212 Councilmember O'Donnell concurred, stating that the partnership is wonderful, and the amenities are
213 something none of the entities could provide on their own.
214
215 Councilmember Carlson commented that her concern is the amount of money this is costing Lino
216 Lakes in comparison to the amount Anoka County is requesting.
217
218 Mayor Bergeson stated that he believes the risk and worse case scenario is not taking advantage of
219 this opportunity. He indicated that hockey is huge in Lino Lakes and growing. He stated that the
220 demand for ice is growing, and this is an unbelievable opportunity. He indicated that they could pass
221 this by and that sometime in the future the demand for ice would put us in the position of having to
222 provide a rink on their own or with a school. He stated that to get this amenity for the city for
223 $72,000 over three years is a great opportunity.
224
225 Motion carried. Vote: 4:1 Councilmember Carlson opposed.
226
227 Resolution No. 06-28 can be found in the City Clerk's office.
228
n 229 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
230
5
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
131 A. Consideration of Resolution 06-16,Approving 2006 Environmental Board Goals, Marty
232 Asleson
233
234 Marty Asleson summarized the Staff report,reading the Environmental Board goals as listed in the
235 resolution.
236
237 Councilmember Stoltz commented that it always surprises him how many people have backyard
238 wildlife tags, and asked how they got that designation. Ms. Mary Jo O'Day stated there is a program
239 for native plants, and you have to provide food,water, and shelter for animals. There is a form to fill
240 out over the internet.
241
242 Councilmember Reinert moved to adopt Resolution 06-16, approving 2006 Environmental Board
243 Goals. Councilmember Carlson seconded the motion.
244
245 Councilmember Carlson thanked the Environmental Board for their ambitious set of goals. She noted
246 there was a huge,beautiful eagle flying over the area today.
247
248 Motion carried unanimously.
249
250 Resolution No. 06-16 can be found in the City Clerk's office.
251
252 B. Consideration of FIRST READING of Ordinance 01-06 Vacating Part of Lois Lane
-�, .53 Street Right-of-Way; and drainage and utility easements for Cavegn Estates, Paul
254 Bengtson
255
256 Planner Bengtson summarized the Staff report, indicating that Staff is recommending approval.
257
258 Mayor Bergeson opened the public hearing at 7:30 p.m.
259
260 Councilmember O'Donnell moved to close the public hearing at 7:30 p.m. Councilmember Reinert
261 seconded the motion.
262
263 Motion carried unanimously.
264
265 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 01-06, vacating
266 part of Lois Lane Street Right-of-Way; and drainage and utility easements for Cavegn Estates.
267 Councilmember O'Donnell seconded the motion.
268
269 Motion carried unanimously. Councilmember Carlson voted yea. Councilmember O'Donnell voted
270 yea. Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
271
272 Ordinance No. 01-06 can be found in the City Clerk's office.
273
274 C. Consideration of Resolution No. 06-15, Approving Conditional Use Permit for an Auto
y75 Repair Facility, Pomp's Tire, Paul Bengtson
276
6
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
277 Planner Bengtson summarized the Staff report, indicating Staff is recommending approval.
278
279 Mayor Bergeson asked about the name, stating it says both Midstates Tire and Pomp's Tire. It was
280 noted that Pomp's Tire will actually lease the building from Midstates Tire.
281
282 Mayor Bergeson stated that the biggest concern they have with this sort of facility is the outdoor
283 storage of vehicles, and he hopes those running this establishment are aware of those regulations.
284
285 Councilmember Reinert moved to adopt Resolution No. 06-15 approving Conditional Use Permit for
286 an Auto Repair Facility for Pomp's Tire. Councilmember O'Donnell seconded the motion.
287
288 Councilmember Carlson stated that her concern was screening from the residential area. She
289 expressed her appreciation that it was resolved to the benefit of the homes near this property.
290
291 Motion carried unanimously.
292
293 Resolution No. 06-15 can be found in the City Clerk's office.
294
295 D. Legacy at Woods Edge Improvement Project, Michael Grochala
296
297 i. Consideration of Resolution No. 06-17, Approving Plans and Specifications and
298 Authorizing Advertisement for Bids, Legacy at Woods Edge Phase II—
,•� 299 Streetscaping Project,Michael Grochala
300
301 ii. Consideration of Resolution No. 06-18, Approving Plans and Specifications and
302 Authorizing Advertisement for Bids, Legacy at Woods Edge Phase III—Lighting
303 Improvement Project,Michael Grochala
304
305 Community Development Director Grochala summarized the Staff report, indicating Staff is
306 recommending approval.
307
308 Councilmember Stoltz moved to adopt Resolution Nos. 06-17 and 06-18, approving plans and
309 specifications and authorizing advertisement for bids, Legacy at Woods Edge Phase II, Streetscape
310 Project and Phase III, Lighting Improvement Project. Councilmember Reinert seconded the motion.
311
312 Motion carried unanimously.
313
314 Resolution Nos. 06-17 and 06-18 can be found in the City Clerk's office.
315
316 E. I-35E and I-35W Interchange—High Priority Project Applications
317
318 i. Consideration of Resolution No. 05-153, Approving Comprehensive Plan
319 Amendment,Village of Hardwood Creek, Jeff Smyser
320
321 ii. Consideration of Resolution No. 06-20, Supporting HPP application for I-
322 35E/CSAH 14 Interchange,Michael Grochala
7
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
323
324 Community Development Director Grochala summarized the Staff report,indicating Staff
325 recommends approval.
326
327 Councilmember O'Donnell moved to adopt Resolution Nos. 05-153 and 06-20 approving
328 Comprehensive Plan Amendment, and supporting HPP application for I-35E/CSAH 14 Interchange.
329 Councilmember Stoltz seconded the motion.
330
331 Motion carried unanimously.
332
333 Resolution Nos. 05-153 and 06-20 can be found in the City Clerk's office.
334
335 F. Consideration of Resolution No. 06-21,Approving Change Order No. 3 and Payment
336 Request No. 9, Holly Drive Improvement Project,Jim Studenski
337
338 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval.
339
340 Councilmember Carlson moved to adopt Resolution No. 06-approving Change Order No. 3 and
341 Payment Request No. 9,Holly Drive Improvement Project. Councilmember Stoltz seconded the
342 motion.
343
344 Motion carried unanimously.
345
346 Resolution No. 06-21 can be found in the City Clerk's office.
347
348 G. Consideration of Resolution No. 06-22,Authorizing Preparation of Plans and
349 Specifications, 2006 Sealcoat Project, Jim Studenski
350
351 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval.
352
353 Councilmember Reinert moved to adopt Resolution No. 06-Authorizing Preparation of Plans and
354 Specifications, 2006 Sealcoat Project. Councilmember O'Donnell seconded the motion.
355
356 Motion carried unanimously.
357
358 Resolution No. 06-22 can be found in the City Clerk's office.
359
360 H. Consideration of Resolution No. 06-23,Authorizing Preparation of Plans and
361 Specifications, 2006 Overlay Project, Jim Studenski
362
363 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval.
364
365 Councilmember O'Donnell moved to adopt Resolution No. 06-23 Authorizing Preparation of Plans
366 and Specifications, 2006 Overlay Project. Councilmember Stoltz seconded the motion.
367
368 Motion carried unanimously.
8
COUNCIL MINUTES FEBRUARY 13,2006
APPROVED
369
370 Resolution No. 06-23 can be found in the City Clerk's office.
371
372 I. Consideration of Resolution No. 06-27, calling for a public hearing to grant a property
373 tax abatement and to amend the business subsidy agreement with the YMCA
374
375 Community Development Director Grochala reviewed the Staff report, indicating Staff recommends
376 approval.
377
378 Councilmember O'Donnell moved to adopt Resolution No. 06-27, Calling for a public hearing to
379 grant a property tax abatement and to amend the business subsidy agreement with the YMCA.
380 Councilmember Reinert seconded the motion.
381
382 Councilmember O'Donnell stated he is glad that they are having a public hearing on this matter. He
383 indicated he is looking forward to what the YMCA will bring, and he thinks it is a great chance for
384 , the City to take the next step with getting a pool.
385
386 Councilmember Reinert stated that he wanted to make it crystal clear that they were only voting on
387 having a public hearing so they can get public comment.
388
389 Motion carried unanimously.
390
391 Resolution No. 06-27 can be found in the City Clerk's office.
392
393 UNFINISHED BUSINESS
394
395 A. Consideration of minutes of September 8, 2005 Council Work Session Minutes
396
397 Mayor Bergeson noted that they received a memo from Staff with relevant dates. He reviewed the
398 actions the Council had taken on these minutes to date.
399
400 Councilmember Reinert moved approve the minutes of the September 8, 2005 Council Work Session
401 as originally presented. Councilmember Stoltz seconded the motion.
402
403 Councilmember Stoltz clarified this is just a process, since the previous vote was voted down, a
404 second motion should have been made that same night.
405
406 Councilmember Carlson read a statement from Ms. Dahl about the proposed correction to the
407 minutes.
408
409 There was discussion on which set of minutes were the official document, and comments that this had
410 been discussed at the work session.
411
412 City Administrator Heitke stated that Staff went back and looked at this situation. He indicated there
413 are two different versions, for which he will take the blame. He stated that these are the original
414 minutes submitted by TimeSavers. He indicated that he is not interpreting the criticism as being
9
COUNCIL MINUTES FEBRUARY 13,2006
APPROVED
415 against Timesavers. He stated that he believes it was a problem of Staff preparing an alternative set
416 of minutes that got mixed in and confused. He indicated that the Staff is voting on the exact minutes
417 that were discussed and reviewed at the work session on Wednesday night.
418
419 Motion carried. Vote: 3:1:1 Councilmember Carlson opposed. Councilmember O'Donnell
420 abstained.
421
422 NEW BUSINESS
423
424 A. Reconsideration of minutes of December 19, 2005 City Council Meeting Minutes
425
426 Mayor Bergeson reviewed the motions that took place on this set of minutes. He presented the
427 options the Council could take to approve these minutes.
428
429 Councilmember Carlson clarified that she said `the resolution on the referendum is the most effective
430 way for the Council to operate'. She stated she brings it up again because she believes it is
431 defamation, and hurts her reputation. She indicated they heard it on the tape at the work session, and
432 people are asking why this is in the minutes. She stated she is only asking for cooperation from the
433 City Council to correct the minutes.
434
435 Mayor Bergeson noted that if the motion fails it cannot be reconsidered.
436
137 Councilmember Carlson asked that her wording replace the language `a survey is the most effective
438 way to operate as a City Council'.
439
440 Councilmember Carlson moved to approve the minutes of the December 19, 2005 City Council
441 Meeting with the correction noted. Mayor Bergeson seconded the motion.
442
443 Motion failed. Vote: 2:2:1 Councilmembers Reinert and Stoltz opposed. Councilmember O'Donnell
444 abstained.
445
446 COMMUNITY CALENDAR February 14, 2006 THROUGH February 27, 2006:
447
448 A) Monday, February 20, 2006, City Hall Closed for Presidents' Day
449 B) Monday, February 20, 2006, 8:30 a.m. - 5:00 p.m., City Council Retreat
450
451 C) Tuesday,February 21, 2006, 8:30 a.m. - 12:00 p.m., City Council Retreat
452
453 D) Wednesday, February 22, 2006, 6:30 p.m.,Environmental Board Meeting
454
455 ADJOURN
456
457 There being no further business, Councilmember Stoltz moved to adjourn at 8:28 p.m.
458 Councilmember Carlson seconded the motion.
459
10
COUNCIL MINUTES FEBRUARY 13, 2006
APPROVED
460 Motion carried unanimously.
461
462 These minutes were considered and approved at the regular Council Meeting,March 13, 2006.
463
464
465
466
467 `Julie Bartell, City Clerk Jo erge ayor
468
469 Transcribed by:
470 Karen Bucklen
471 TimeSaver Off Site Secretarial, Inc.
472
11
COUNCIL WORK SESSION FEBRUARY 27, 2006
APPROVED
1
2
3 CITY OF LINO LAKES
4 MINUTES
5
6
7
8 DATE : February 27,2006
9 TIME STARTED : 5:35 p.m.
to TIME ENDED : 6:18 p.m.
11 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert,
12 and Mayor Bergeson
13 MEMBERS ABSENT : Stoltz
14
15
16 Staff members present: City Administrator, Gordon Heitke; Community Development
17 Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek;
18 Economic Development Coordinator,Mary Alice Divine; Associate Planner,Paul
19 Bengtson;Public Services Director,Rick DeGardner
20
21 Staff advised the purpose of the meeting is to answer any Council questions regarding the
22 regular Council meeting agenda.
23
24 Community Development Director Grochala referred to agenda Item 2A and 2B,Public
25 Hearing, Consider Resolution No. 06—34,Regarding Tax Abatement and Business
26 Subsidy in Connection with the YMCA Project YMCA Financing and Consider
27 Resolution Granting Approval of Issuance of Tax Exempt Revenue notes for the Benefit
28 of the YMCA of Greater Saint Paul.
29
30 Community Development Director Grochala reviewed the staff reports and advised staff
31 is recommending the City Council open the public hearing and continue it to the March
32 13, 2006 City Council meeting.
33
34 Economic Development Coordinator Divine distributed and reviewed the Benefits to
35 Lino Lakes Residents at the Chain of Lakes YMCA noting both the YMCA and staff has
36 agreed on the benefits.
37
38 Community Development Director Grochala advised staff is strongly recommending the
39 City Council approve the agreement with the YMCA.
40
41 City Administrator Heitke referred to agenda item 513, Consideration of Resolution No.
42 06 —37, Approving National Sports Center Super Rink Expansion Guarantee Agreement.
43 He distributed and reviewed a Sale of Ice Hours Procedure.
44
�-� 45 It was suggested that language be added to the agreement outlining benefits to the City of
46 Lino Lakes after the twenty-year financial commitment has been completed.
1
COUNCIL WORK SESSION APPROVED FEBRUARY 27, 2006
1
2 Item 8A, Consider Approval of February 8, 2006 Council Work Session Minutes—A
3 correction was noted on page 6, line 12. The figure $178,000 should read$780,000.
4
5 The meeting was adjourned at 6:18 p.m.
6
7 These minutes were considered, corrected and approved at the regular Council meeting held on
8 March 13, 2006.
9
10
11 `
12 7-
13 f`'--�li- ell, City Jerk ' Johngergeson, Mayor
14
15
16 Transcribed by:
17 Kim Points
18 TimeSaver Off Site Secretarial, Inc.
19
2
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
CITY OF LINO LAKES
MINUTES
DATE : February 27, 2006
TIME STARTED : 6:30 p.m.
TIME ENDED : 7:20 p.m.
MEMBERS PRESENT : Carlson, O'Donnell,Reinert, and
Mayor Bergeson
MEMBERS ABSENT : Stoltz
Staff members present: City Administrator, Gordon Heitke; City Attorney,Bill Hawkins; Community
Development Director, Mike Grochala; Economic Development Coordinator, Mary Alice Divine;
Public Services Director,Rick DeGardner; City Engineer, Jim Studenski; Chief of Police,Dave
Pecchia; Associate Planner,Paul Bengtson; and City Clerk, Julianne Bartell
OPEN MIKE
No one was present for open mike.
SETTING THE AGENDA
The agenda was approved as presented.
CONSENT AGENDA
Councilmember Carlson moved to approve the Consent Agenda, as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
ITEM ACTION
CONSENT AGENDA
Consideration of Expenditures:
i. February 27, 2006 (Check No. 75991 -
76078, $378,624.58) Approved
ii. Centennial Fire District (Check No.
15054 - 15076, $20,821.77) Approved
Consider Resolution No. 06-24, Approving Tobacco
License for Holiday Companies for Stationstore
#376 at 7509 Lake Drive Approved
1
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
Public Safety Department—Expenditure of Drug
Forfeiture Funds: Authorize use of funds in the amount of$5,000 to
Re-establish Lino Lakes as a supporting community
For the purpose of continuing juvenile diversionary
Services through the Forest Lake Area Youth
Service Bureau Approved
Authorize expenditure of$1,500 to $2,000 on updated
Exercise equipment and accessories for the Wellness
Room Approved
FINANCE DEPARTMENT REPORT,AL ROLEK
Public Hearing, Consider Resolution No. 06—34 Regarding Tax Abatement and Business
Subsidy in Connection with the YMCA Project YMCA Financing,Mary Alice Divine—
Economic Development Coordinator Divine advised in 1999 the City of Lino Lakes entered into an
agreement to partner with the YMCA to bring a facility to Lino Lakes. The city committed $1.5
million toward construction of the facility, plus 6.7 acres of land and the cost of infrastructure to the
facility. The City Council approved a Tax Abatement District, using the mechanism of tax abatement
as a source of funding for its commitment of$1.5 million toward construction of the facility.
Together with the City's $1.5 million commitment, the YMCA's commitment of$2.5 million in debt
financing, and local fundraising,the YMCA was able to raise approximately$6.3 million for
construction of the facility. The YMCA determined that additional fundraising was not keeping pace
with rising construction costs and it needed to build a facility this year that did not include a leisure
pool in the first phase of construction.
Staff has explored with the YMCA, Springsted, and Kennedy& Graven options that might be
available to provide the size and type of facility that the City Council and the community had
anticipated. It is estimated that currently$1,850,000 is needed to complete the building with the
addition of the leisure pool.
Part of the final 2005 agreement with the YMCA called for a 5-year, 10 percent discount to Lino
Lakes residents who purchased local memberships at the Chain of Lakes YMCA. While this is a
benefit to residents who join the Y,it restricts the ability of the YMCA to take on more debt,benefits
only residents who become members, and does not apply to those who wanted memberships that
included use of all Twin Cities YMCAs. If that portion of the agreement was eliminated, it would
enable the YMCA to take on an additional $1 million in debt.
The City has also benefited from the development of Legacy at Woods Edge with Hartford Group as
the master developers. If the YMCA had been constructed prior to Woods Edge being underway,the
city would have been obligated for the costs of construction of Town Center Parkway, including
improvements to the Lake Drive intersection,plus extension of utilities, to the YMCA site.
2
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
.-� Considering that savings, the total City contribution, in today's dollars,remains approximately the
same 30 cents on the dollar that was originally anticipated in 1999.
Springsted updated its analysis of the capacity of the Tax Abatement District,there is capacity
available to provide the additional $850,000 to meet the current gap in funding.
Providing an additional tax abatement to cover the costs associated with the City's partnership with
the YMCA is considered a business subsidy under the Minnesota Business Subsidy Act. After closing
the public hearing, the City Council will consider a resolution that approves the use of$850,000 in
tax abatement for the YMCA facility and a business subsidy to the YMCA.
The Economic Development Advisory Committee took action supporting additional tax abatement for
the YMCA project for the inclusion of a leisure pool and improved architectural design of the facility,
but recommended that the abatement be contingent upon increased public access through,but not
limited to, resident user fees for a negotiated period of time. Of the nine EDAC members, one was
absent and one abstained.
The final agreements and discussions regarding proposed programming opportunities for Lino Lakes
residents are not complete. Therefore, staff is recommending that the public hearing be continued to
the March 13, 2006 City Council meeting.
Mayor Bergeson opened the public hearing at 6:45 p.m.
Councilmember Reinert moved to continue the public hearing to the March 13, 2006, City Council
meeting. Councilmember Carlson seconded the motion. Motion carried unanimously.
Consider Resolution Granting Approval of Issuance of Tax Exempt Revenue Notes for the
benefit of YMCA of Great Saint Paul—Finance Director Rolek advised the City has agreed to
consider assisting the YMCA with financing its share of debt for the Chain of Lakes YMCA in Lino
Lakes. Springsted,Inc., the City's financial consultant, has completed an analysis and recommends
providing Tax Exempt Revenue Notes in order to provide tax exempt financing to the YMCA. This
is a financial savings to the YMCA and provides additional protections to the city for its investment
in the construction of the facility.
Because the public hearing regarding the tax abatement and business subsidy agreement with the
YMCA is being continued until March 13, 2006, staff is recommending that this public hearing also
be continued to that date.
Mayor Bergeson opened the public hearing at 6:50 p.m. Councilmember O'Donnell moved to
continue the public hearing to the March 13, 2006, City Council meeting. Councilmember Reinert
seconded the motion. Motion carried unanimously.
ADMINISTRATION DEPARTMENT REPORT,DAN TESCH
There was no Administration Department report.
3
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
PUBLIC SAFETY DEPARTMENT REPORT,DAVE PECCHIA
There was no Public Safety Department report.
PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER
Consider Resolution No. 06—07,Approving 2006 Park Board Goals—Public Services Direction
DeGardner reviewed the recommended 2006 Park Board Goals noting funding for the goals will be
from the Dedication Parks Fund.
Councilmember Reinert moved to approve Resolution No. 06—07, as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 06—37,Approving National Sports Center Super Rink
Expansion Guarantee Agreement—Public Serviced Director DeGardner advised the City Council
approved Resolution 06-28,Approving City Participation in the Super Rink Expansion Project at the
February 13,2006 City Council meeting. The requested action this evening is to approve the master
agreement that outlines the details within Resolution 06-28,the information discussed at the January
18 and February 8 work sessions, as well as the February 13 City Council meeting.
In summary, the Minnesota Amateur Sports Commission (MASC) and National Sports Center(NSC)
have proposed constructing and operating a facility consisting of four new ice sheets to the Super
Rink on the property of the National Sports Center located in Blaine,Minnesota. The City of Lino
Lakes, along with the cities of Circle Pines and Centerville, has been requested to participate with the
Centennial Youth Hockey Association(CYHA) in the financing of the expansion and operations of
the facility. In addition to use by the hockey association, the public will have access to the facility for
public skating, senior skating, figure skating, skating lessons, as well as various hockey and
broomball leagues.
As reviewed at the February 13, 2006 City Council meeting, the city of Lino Lakes is to provide a
capital contribution of$72,000 over a three year period ($24,000 in 2007, 2008 and 2009)payable
directly to the National Sports Center Construction Fund. In addition, the participating entities are
also required to back up to 1,340 hours of ice rental income to cover any unsold hours during the
months of September through March over the 20 year repayment period. In 2005, each of the four
sheets of ice at the NSC experienced approximately 2,875 hours of use. The City of Lino Lakes'
commitment of guaranteed hours is 346 hours per year.
Section 5 - Special Terms outlines the provisions that the City of Lino Lakes is entitled to including
one free skating session, 216 annual free skating passes, and the city's recognition on the exterior and
inside of the building.
Included in the packet is an analysis that was prepared by Ehlers and Associates, Inc. The analysis
focuses on the financing, past utilization, and projected revenue/expenses of the Super Rink facility.
--ti The City Attorney has also reviewed the attached agreement.
4
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
-� City Administrator Heitke noted Section 6, Default/Remedies was removed from the agreement. He
also noted the benefits to the City for entering into the agreement are for a period of fourty years.
Staff will be working with the City Attorney to included that language in the agreement.
Councilmember O'Donnell moved to approve Resolution No. 06—37,with the additional language
outlined by the City Administrator. Councilmember Reinert seconded the motion. Motion carried
unanimously.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT,MICHAEL GROCHALA
Cavegn Estates:
Consider Resolution No. 06 — 33, Approving Development Contract, James Studenski — City
Engineer Studenski advised the City Council approved a preliminary plat on July 25, 2005 for the
Cavegn Estates. On February 13, 2006 the 1"Reading of Ordinance 01-06—Vacation of a portion of
Lois Lane right of way and drainage and utility easements was approved. Cavegn Estates provides for
the construction of 2 residential units on a 1.38 Acre parcel of property near the intersection of
Country Lane and Lois Lane.
In accordance with the preliminary plat approval and City policy, staff has prepared a Development
Contract. The contract provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of$7,400 representing 35
percent of the City improvement costs to insure completion of the project in accordance with
the approved plans. No street or utility improvements are necessary for this development.
2. Deposit of a cash escrow in the amount of$3,950 to reimburse the City for costs incurred by
the City related to the development and improvements of the site and developer
improvements.
Anthony and Kimberly Cavegn have reviewed the contract and are aware of the conditions set forth.
Councilmember Carlson moved to approved Resolution No. 06—33, as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
Consider Second Reading of Ordinance No. 01 - 06,Vacating Part of Lois Lane Street Right of
Way; and drainage and utility easements for Cavegn Estates, Paul Bengtson— Associate Planner
Bengtson advised Anthony and Kimberly Cavegn have received approval of a Preliminary Plat for
Cavegn Estates and one of the conditions of approval was the vacation of the unused cul-de-sac
portion of Lois Lane adjacent to the northeast corner of their property at 7870 Country Lane as well as
the corresponding drainage and utility easements. The applicant will dedicate new utility easements
in conjunction with the Final Plat of the site which follows this item on the agenda.
The cul-de-sac that was dedicated on this lot as part of the Mar Don Acres plat is no longer necessary
as the street continues through to the east. The applicant is proposing to plat the property into two
10—N lots. As such the City Council approved the preliminary plat for the site with the condition requiring
the vacation of the unused cul-de-sac right of way.
5
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
The corresponding drainage and utility easements would typically be vacated around the cul-de-sac,
but to clarify the drainage and utility easements in the future staff is recommending that all of the
drainage and utility easements platted on this lot as part of the Mar Don Acres plat be vacated. The
Cavegn Estates plat will include new drainage and utility easements for both of the proposed lots.
Staff recommends approval of the Vacation of the unused cul-de-sac portion of Lois Lane and all of
the drainage and utility easements platted on Lot 1 Block 2 of Mar Don Acres.
Councilmember O'Donnell moved to approve the second reading of Ordinance No. 01 — 06, as
presented. Councilmember Reinert seconded the motion.
A roll call vote was taken. Yeas, Council Member O'Donnell, Reinert, Carlson and Mayor Bergeson;
Nays,none; Absent, Council Member Stoltz
Consider Resolution No. 06—31,Approving Final Plat for Cavegn Estates,Paul Bengtson—
Associate Planner Bengtson advised Anthony and Kimberly Cavegn have requested approval of a
single-family residential development entitled Cavegn Estates. The subject property is located
adjacent to the southeast corner of Lois Lane and Country Lane and is currently developed with one
single-family dwelling. The applicant is proposing to divide the 1.38 acre lot into two buildable lots
of 23,560 square feet and 36,564 square feet. The existing single-family dwelling will remain on the
smaller lot, and the larger lot will be used for new construction.
The final plat conforms to the preliminary plat layout approved with Resolution 05-108 by the City
Council on July 25, 2005. All conditions of approval from the preliminary plat will be met through
the development agreement and building permit review processes.
At the February 8ch regular meeting the Planning &Zoning Board voted unanimously to recommend
approval of this request.
Councilmember Reinert moved to approve Resolution No. 06—31, as presented. Councilmember
Carson seconded the motion. Motion carried unanimously.
Consider Resolution No. 06—32,Amending the Conditional Use Permit for Molin Concrete,
Paul Bengtson—Associate Planner Bengtson advised Molin Concrete is proposing an overhead crane
bay addition to their existing facilities at 415 Lilac Street.
The Molin property is covered by a conditional use permit for the concrete plant. The northern 20
acres is covered by an interim use permit for outdoor storage. This new application does not involve
the storage area. The Conditional Use Permit covers the entire site. Building additions such as those
proposed in this application require an amendment to the Conditional Use Permit.
Because this application involves the CUP amendment, it is appropriate to review the conditions
placed on the site through the last CUP amendment in 2003. The City amended the CUP in 2003
with Resolution 03-73, and then again in February 2005 with Resolution 05-13.
6
COUNCIL MINUTES FEBRUARY 27, 2006
APPROVED
Molin Concrete has sent a notice to the surrounding home owners to inform them of the proposed
expansion and invited anyone interested to provide comment. These same homeowners were also
noticed by the city of the public hearing in regards to this request.
On February Bch the Planning and Zoning Board voted unanimously to recommend approval of the
proposal subject to the three conditions recommended by staff.
Councilmember O'Donnell moved to approve Resolution No. 06—32,based on conditions outlined in
the staff report. Councilmember Reinert seconded the motion. Motion carried unanimously.
Consider First Reading of Ordinance No. 02—06,Amending Ordinance No. 04—04
for the Purpose of Adding Signage Criteria to the Lino Lakes Town Center Design and
Development Guide,Paul Bengtson — Associate Planner Bengtson advised staff has crafted a final
draft of the Signage Criteria for the Legacy at Woods Edge project (Lino Lakes Town Center). This
criterion is intended to be added to the existing Lino Lakes Town Center Design and Development
Guide as Chapter 5.
The majority of the elements of these signage criteria were adapted from the original proposal for
Chapter 5, which was eliminated prior to the approval of the guide (Ordinance 04-04) in 2004. This
was augmented by researching other similar mixed-use types of communities, other signage
ordinances, and the recently amending city signage ordinance (Ordinance 05-05).
Associate Planner Bengtson reviewed Chapter 5 noting it has been broken down into seven sections.
At their February Bch regular meeting the Planning and Zoning Board voted unanimously to
recommend approval of the signage criteria.
Councilmember Carlson moved to approve the first reading of Ordinance No. 02—06, as presented.
Councilmember O'Donnell seconded the motion.
A roll call vote was taken. Yeas, Council Member O'Donnell,Reinert, Carlson and Mayor Bergeson;
Nays, none; Absent, Council Member Stoltz
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Consider Approval of February 8,2006 Council Work Session Minutes (Councilmember
O'Donnell was absent)—City Administrator Heitke referred to page 6, line 12, and corrected the
figure $178,000 to read $780,000.
7
COUNCIL MINUTES FEBRUARY 27,2006
APPROVED
Councilmember Reinert moved to approve the February 8, 2006 Council Work Session Minutes, as
amended. Councilmember Carlson seconded the motion. Motion carried with Councilmember
O'Donnell abstaining.
COMMUNITY CALENDAR FEBRUARY 28 THROUGH MARCH 13,2006:
City Council Study Session,Monday, March 6, 5:30 p.m.
Park Board Meeting, Monday, March 6, 6:30 p.m.
Planning & Zoning Board Meeting,Wednesday,March 8, 6:30 p.m.
It was noted that the meeting day for City Council work sessions has changed from Wednesdays to
Mondays.
ADJOURN
There being no further business, Councilmember O'Donnell moved to adjourn at 7:20p.m.
Councilmember Carlson seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting,March 13, 2006.
"Juhanq Bartell, C' Clerk Johni0ergeso1K, Mayor
Transcribed by:
Kim Points
Timesaver Off Site Secretarial, Inc.
8