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HomeMy WebLinkAbout10/10/2011 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, October 10, 2011 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser, & Rafferty City Administrator: Jeff Karlson ➢ Call to Order — 6:30 p.m. • Roll Call - Council Members O'Donnell, Roeser & Rafferty, and Mayor Reinert were present; Council Member Gallup absent ➢ Pledge of Allegiance ➢ Open Mike / Public Comment None ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was not amended SPECIAL PRESENTATION Dr. Keith Dixon, Superintendent — Update on the Centennial School District CONSENT AGENDA A) Consideration of Expenditures: i) October 10, 2011 (Check No. 91702 through 91926) in the amount of $203,583.57; Pg 2 -20 B) Consider approval of Sept. 26, 2011 Work Session Minutes Pg 21 -23 C) Consider approval of Sept. 26, 2011 Council Meeting Minutes Pg 24 -27 D) Resolution No. 11 -100, Approving Application for Temporary Pg 28 -29 On -Sale Liquor License for Lino Lakes YMCA Fundraising Event E) Consider approval of September 22, 2011 Closed Council Pg 30 Session Minutes Council Member O'Donnell absent F) Resolution 11 -103, Consider approval of Election Judges Pg 31 -34 G) Consider approval of September 26, 2011 Closed Council Pg 35 Session Minutes H) Consider approval of application of Aquinas Roman Catholic Home Education Services to conduct an excluded bingo event on October 22, 2011 and February 18, 2012 at St. Joseph's Church Council Agenda -2- REVISED October 10, 2011 Action Taken: Motion by Rafferty, seconded by Roeser, to approve the Consent Agenda, Items 1A through 1H except Item 1E, was adopted Action Taken: Motion by Rafferty, seconded by Roeser, to approve Consent Agenda Item 1E, was adopted; Council Member O'Donnell abstained ICE DEPARTMENT REPORT, AI Rolek No Report ADMINISTRATION DEPARTMENT REPORT No Report PUBLIC SAFETY DEPARTMENT REPORT, John Swenson A) Consider 2nd Reading and adoption of Ordinance No. 19 -11, Amending Chapter 503 of the Lino Lakes Code of Ordinances regarding Animal Control, John Swenson Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Ordinance No. 19 -11 as presented, was adopted; Yeas, 4; Nays none (Absent — Gallup) i. Consider Resolution No. 11 -101, Approving summary publication of Ordinance No. 19 -11 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 11 -101 as presented, was adopted Pg 36 -49 B) Consider 2nd Reading and adoption of Ordinance No. 20 -11, Pg 50 -55 Amending Chapter 213, Subdivision 7, of the Lino Lakes Code of Ordinances, regarding Unclaimed Property, John Swenson Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Ordinance No. 20 -11 as presented, was adopted; Yeas, 4; Nays none (Absent — Gallup) ii. Consider Resolution No. 11 -102, Approving summary publication of Ordinance No. 20 -11 Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 11 -102 as presented, was adopted C) Consider Resolution No. 11 -103, Authorizing assign one LLPD Pg 56 -61 Officer to Drug Enforcement Agency (DEA) Task Force, John Swenson Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 11 -103 as presented, was adopted PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report Council Agenda -3- REVISED October 10, 2011 COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Lake / Main Motor Fuel Station, Paul Bengtson i) Consider Resolution No. 11 -95, Amending an existing Pg 62 -91 Conditional Use Permit for a motor fuel station at 7997 Lake Dr Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 11 -95 as presented, was adopted ii) Consider Resolution No. 11 -99, Authorizing execution of a Pg 92 -106 Performance Agreement and Stormwater Maintenance Agreement Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 11 -99 as presented, was adopted UNFINISHED BUSINESS None NEW BUSINESS None Adjournment The meeting was adjourned at 7:20 p.m. Community Calendar — A Look Ahead October 11, 2011 through October 24, 2011 4- Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Bd Thursday, October 13 6:30 pm, Community Room Charter Commission IL Monday, October 24 5:30 pm, Community Room Council Work Session Monday, October 24 6:30 pm, Council Chambers City Council Meeting • REVISED CITY COUNCIL AGENDA Monday, October 10, 2011 ***** ** *** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser, & Rafferty City Administrator: Jeff Karlson • Call to Order and Roll Call ➢ Pledge of Allegiance • Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items PECIAL PRESENTATION Dr. Keith Dixon, Superintendent - Update on the Centennial School District NS END A) Consideration of Expenditures: i) October 10, 2011 (Check No. 91702 through 91926) in the amount of $203,583.57; Pg 2 -20 B) Consider approval of Sept. 26, 2011 Work Session Minutes Pg 21 -23 C) Consider approval of Sept. 26, 2011 Council Meeting Minutes Pg 24 -27 D) Resolution No. 11 -100, Approving Application for Temporary Pg 28 -29 On -Sale Liquor License for Lino Lakes YMCA Fundraising Event E) Consider approval of September 22, 2011 Closed Council Pg 30 Session Minutes Council Member O'Donnell absent F) Resolution 11 -103, Consider approval of Election Judges Pg 31 -34 G) Consider approval of September 26, 2011 Closed Council Pg 35 Session Minutes H) Consider approval of application of Aquinas Roman Catholic Home Education Services to conduct an excluded bingo event on October 22, 2011 and February 18, 2012 at St. Joseph's Church FINANCE DEPARTMENT REPO TAI Rolelc No Report Council Agenda -2- REVISED October 10, 2011 MINISTRATION DEPARTMENT REPORT No Report JBLIC SAFETY DEPARTMENT REPORT John Swenson" A) Consider 2 °a Reading and adoption of Ordinance No. 19 -11, Amending Chapter 503 of the Lino Lakes Code of Ordinances regarding Animal Control, John Swenson *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance Pg 36 -49 i. Consider Resolution No. 11 -101, Approving summary publication of Ordinance No. 19 -11 B) Consider 2nd Reading and adoption of Ordinance No. 20 -11, Pg 50 -55 Amending Chapter 213, Subdivision 7, of the Lino Lakes Code of Ordinances, regarding Unclaimed Property, John Swenson *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 11 -102, Approving summary publication of Ordinance No. 20 -11 C) Consider Resolution No. 11 -103, Authorizing assign one LLPD Pg 56 -61 Officer to Drug Enforcement Agency (DEA) Task Force, John Swenson ,UBLIC SERVICES DEPARTMENT REPORTS Rick DeGar r No Report UAIITY 3EVEL.OPMENT REP© T� Michael r ©chala: A) Lake / Main Motor Fuel Station, Paul Bengtson i) Consider Resolution No. 11 -95, Amending an existing Pg 62 -91 Conditional Use Permit for a motor fuel station at 7997 Lake Dr ii) Consider Resolution No. 11 -99, Authorizing execution of a Pg 92 -106 Performance Agreement and Stormwater Maintenance Agreement FINIS IE INES None None Community Calendar - A Look Ahead October 11, 2011 through October 24, 2011 Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Bd Thursday, October 13 6:30 pm, Community Room Charter Commission Monday, October 24 5:30 pm, Community Room Council Work Session _- Monday, October 24 6:30 pm, Council Chambers City Council Meeting • • • • • CITY COUNCIL AGENDA Monday, October 10, 2011 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser, & Rafferty City Administrator: Jeff Karlson ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Dr. Keith Dixon, Superintendent — Update on the Centennial School District 1. CONSENT ° AGENDA A) Consideration of Expenditures: Pg 2 -20 i) October 10, 2011 (Check No. 91702 through 91926) in the amount of $203,583.57; B) Consider approval of Sept. 26, 2011 Work Session Minutes Pg 21 -23 C) Consider approval of Sept. 26, 2011 Council Meeting Minutes Pg 24 -27 D) Resolution No. 11 -100, Approving Application for Temporary Pg 28 -29 On -Sale Liquor License for Lino Lakes YMCA Fundraising Event E) Consider approval of September 22, 2011 Closed Council Pg 30 Session Minutes Council Member O'Donnell absent F) Resolution 11 -103, Consider approval of Election Judges Pg 31 -34 G) Consider approval of September 26, 2011 Closed Council Pg 35 Session Minutes 2. FINANCE DEPARTMENT REPORT, Al Rolek No Report • 3. ADMINISTRATION DEPARTMENT REPORT No Report Council Agenda -2- October 10, 2011 4. PUBLIC SAFETY DEPARTMENT REPORT, John Swenson A) Consider 2nd Reading and adoption of Ordinance No. 19 -11, Pg 36 -49 Amending Chapter 503 of the Lino Lakes Code of Ordinances regarding Animal Control, John Swenson *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance i. Consider Resolution No. 11 -101, Approving summary publication of Ordinance No. 19 -11 B) Consider 2nd Reading and adoption of Ordinance No. 20 -11, Pg 50 -55 Amending Chapter 213, Subdivision 7, of the Lino Lakes Code of Ordinances, regarding Unclaimed Property, John Swenson *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 11 -102, Approving summary publication of Ordinance No. 20 -11 C) Consider Resolution No. 11 -103, Authorizing the assignment of Pg 56 -61 one LLPD Officer to the Drug Enforcement Agency (DEA) Task Force, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report 6. COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Lake / Main Motor Fuel Station, Paul Bengtson i) Consider Resolution No. 11 -95, Amending an existing Pg 62 -91 Conditional Use Permit for a motor fuel station at 7997 Lake Dr ii) Consider Resolution No. 11 -99, Authorizing execution of a Pg 92 -106 Performance Agreement and Stormwater Maintenance Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar - A Look Ahead October 11, 2011 through October 24, 2011 1 Wednesday, October 12 Thursday, October 13 4- Monday, October 24 ,L Monday, October 24 6:30 pm, Council Chambers 6:30 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Bd Charter Commission Council Work Session City Council Meeting -9 i �( Centennial School District City of Lino Lakes Presentation October, 2011 to -10- ( CENTENNIAL SCHOOL DISTRICT 12 Statistics Resident - 31,982 residents of Blaine, Centerville, Circle Pines, Lexington and Lino Lakes. 41 percent with children Staff 446 teachers (22% bachelor's degree; 78% master's; .7% doctorate); 438 support staff; 18 administrators Students (about the 25th largest district in the state) 6,532 students as of Oct. 1, 2010; 6,426 students as of Oct. 1, 2011 Elementary (K -5): 2,693 Middle school (6 -8): 1,588 High School (9 -12): 2,165 Class of 2010: 522 grads (59 with Distinction, 43 Highest Honors, 98 Honors, 182 Honorable Mention Schools Five elementary; one each - middle; high school; area learning center; early childhood center 2010 -11 statistics: Activity participation (duplicated): high school- 2,980; middle school -6,476 Post high school plans 66.9% to a 4 -year college; 22.4% to a 2 -year college English language learners -105 Special Education -966 Average ACT score: 23.8 Attendance rate - 95.96% Graduation rate— (97.8 %) Expulsion rate —.0 % (0 students) 760,004 lunches and 59,292 breakfasts were served Community Services - 23,978 Kids Club -683 children, 539 families State of the District Four challenges: No longer growing district but experiencing slow decline in enrollment; state funding has not kept pace with inflation but has increased at half the rate of inflation over past 10 years; Centennial's existing schools have space to accommodate programs housed in leased space; impact of state 60/40 funding shift causes district to borrow to pay bills when due. Three step response: Step 1- Continue squeezing the budget to find savings such as efficiencies in transportation, cost avoidance due to energy efficiency focus, new technology partnership with Infinite Campus Step 2 - Stabilize funding via tax neutral levy election Tuesday, Nov. 8, which moves money into operating fund (classroom) from the building fund due to a bond retirement (mortgage payoff) and reduced lease space (moving Early Childhood into Rice Lake). State statute requires ballot language noting the increase in the operating fund. It cannot say "P.S. a reduction in the building fund makes this tax neutral for an average homeowner." Step 3 - An approved levy will buy time for the district to develop a strategic plan for the next decade with the goal of reinventing Centennial as a market - driven school district responding to the needs of its community - students, parents, community members and taxpayers. Community Conversations are set to begin this winter. Continued Partnership with City of Lino Lakes * Lino Lakes school resource officer at Centennial Middle School * Lino Lakes Police work with Blue Heron and Rice Lake elementary schools * Serviced by Centennial Fire Department * Lino representatives serve on various committees * Special partnership with Early Childhood Center • • To: Mayor and Council From: Jeff Karlson, City Administrator Date: October 10, 2011 Re: Presentation from Superintendent Keith Dixon Dr. Keith Dixon, Centennial School District Superintendent, will be present to give the Council an overview of the school district and the upcoming levy referendum. P1 • EXPENDITURES OCTOBER 10, 2011 • • P2 DR& 10/03/2011 Time: 14:58:42 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 9652 - 9656 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N • Discount Vendor # Name # of items Net Gross Discount Lost 007162 GRANT ACKERMAN 1 37.50 37.50 .00 .00 008168 JAMES ACKLEY 1 85.00 85.00 .00 .00 000157 ALL SEASONS RENTAL, INC. 2 259.86 259.86 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 700.26 700.26 .00 .00 002694 AMERICAN MESSAGING 1 12.77 12.77 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 141.87 141.87 .00 .00 008019 AMES, MARILYN 1 20.00 20.00 .00 .00 008417 PAUL ANDERSON 1 85.00 85.00 .00 .00 007602 TOM ANDERSON 1 30.00 30.00 .00 .00 000611 PAULA ANDRZEJEWSKI 1 100.00 100.00 .00 .00 000478 ARCADE ASPHALT, INC. 1 2,700.00 2,700.00 .00 .00 007303 MICHAEL ARDITO 1 42.50 42.50 .00 • 000541 ASPEN MILLS, INC. 3 368.20 368.20 .00 .00 008189 MARTIN AUSTIN 1 50.00 50.00 .00 .00 008440 VIRGINIA BALL 1 60.00 60.00 .00 .00 007880 BETSY BAULER 1 45.00 45.00 .00 .00 008313 JAMES BEILBY 1 37.50 37.50 .00 .00 008270 RICHARD T. BERG 1 285.00 285.00 .00 .00 008411 DENISE BERGER 1 45.00 45.00 .00 .00 008293 BIFF'S INC. 1 504.03 504.03 .00 .00 000724 BLUE TOW SERVICE, INC. 2 607.06 607.06 .00 .00 008446 CHUCK BOLKCOM 1 45.00 45.00 .00 .00 • Date: 10/03/2011 Time: 14:58:42 •dor # Name City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: P4 Discount # of items Net Gross Discount Lost 900471 BONESTROO, INC. 1 149.00 149.00 .00 .00 004666 BARBARA BOR 1 100.00 100.00 .00 .00 001018 BRENT BORDSON 1 50.00 50.00 .00 .00 007306 BRIAN BOURASSA 1 80.00 80.00 .00 .00 007603 JON BRAND 1 25.00 25.00 .00 .00 008094 STEVEN BREUING 1 22.50 22.50 .00 .00 900524 LUANN BURGER 1 501.60 501.60 .00 .00 000946 C. P. OFFICE PRODUCTS 1 3.06 3.06 .00 .00 008420 THOMAS CASSIDY 1 37.50 37.50 .00 .00 008421 TONY CAVEGN 1 37.50 37.50 .00 .00 900516 CENTENNIAL COMMUNITY EDUCATION 1 1,767.00 1,767.00 .00 .00 000537 CENTRAL PENSION FUND 1 3,456.00 3,456.00 .00 .00 007776 CENTURYLINK 1 52.19 52.19 .00 .00 001100 CIRCLE PINES POST OFFICE 1 561.38 561.38 .00 .00 008186 CARA CLAMPITT 1 45.00 45.00 .00 .00 008432 BRIAN CLARK 1 37.50 37.50 .00 .00 •06 MATT CLASEMAN 1 55.00 55.00 .00 .00 008049 COLUMBUS AUTO TRUCK & TRAILER 1 75.00 75.00 .00 .00 008426 CRAIG ANKRUM 1 42.50 42.50 .00 .00 008415 TERRI CUNNINGHAM 1 27.50 27.50 .00 .00 008167 WILLIAM DAVIS 1 85.00 85.00 .00 .00 008153 JOSEPH DEBLIECK 1 42.50 42.50 .00 .00 001298 RICK DEGARDNER 1 63.83 63.83 .00 .00 000778 SETH DEGEEST 1 37.50 37.50 .00 .00 000395 MARTHA DEHAVEN 1 50.00 50.00 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,634.20 4,634.20 .00 .00 008245 ROBERT DETERMAN 1 265.50 265.50 .00 .00 • DRS 10/03/2011 Time: 14:58:43 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Discount Vendor # Name # of items Net Gross Discount L• 008425 JOSH DEVRIES 1 42.50 42.50 .00 .00 000341 JEREMY DICKMAN 1 75.00 75.00 .00 .00 008412 VICKY DUDLEY 1 26.61 26.61 .00 .00 007301 PAUL DUNNOM 1 45.00 45.00 .00 .00 008419 ERIC ECSON 1 37.50 37.50 .00 .00 008161 CHAD ERICHSRUD 1 85.00 85.00 .00 .00 007506 CHARLES EVANS 1 100.00 100.00 .00 .00 008149 NEIL EVENSON 1 150.00 150.00 .00 .00 000342 JIM FACENTE 1 50.00 50.00 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 157.56 157.56 .00 .00 000792 JIM FARRIS 1 45.00 45.00 .00 .00 000022 FERGUSON WATERWORKS 2 132.54 132.54 .00 .00 007549 JEREOMY FISKEWALD 1 75.00 75.00 .00 .00 008449 JAMES FLASCHBERGER 1 47.50 47.50 .00 .00 007592 JEFF FRANCIS 1 75.00 75.00 .00 .00 008429 TIM FRANK 1 37.50 37.50 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 2 64.41 64.41 .00 • 007914 BRYCE FULLER 1 42.50 42.50 .00 .00 002328 G & K SERVICES, INC. 1 66.10 66.10 .00 .00 007611 JEFF GANSKE 1 55.00 55.00 .00 .00 008326 JOSEPH S. GIESEMANN 1 484.00 484.00 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 122.12 122.12 .00 .00 008159 ADAM GILMORE 1 75.00 75.00 .00 .00 008428 SEAN GOTHIER 1 42.50 42.50 .00 .00 008413 GPRS 1 25.00 25.00 .00 .00 001720 GRAINGER, INC. 1 237.82 237.82 .00 .00 007338 JENNIFER GRAMSE 1 30.00 30.00 .00 .00 • Date: 10/03/2011 Time: 14:58:43 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: P C Discount dor # Name # of items Net Gross Discount Lost 008423 DEAN GRATZ 1 37.50 37.50 .00 .00 000319 RONALD GROESS 1 45.00 45.00 .00 .00 008436 JOE GRUNDFELDT 1 25.00 25.00 .00 .00 008064 TIM GRUNDTNER 1 30.00 30.00 .00 .00 007613 ROBERT HALVA 1 115.00 115.00 .00 .00 007911 MARK HALVERSON 1 45.00 45.00 .00 .00 007614 DAN HAMSKI 1 70.00 70.00 .00 .00 001087 GREG HAMSTAD 1 40.00 40.00 .00 .00 007879 PATRICK HANEY 1 50.00 50.00 .00 .00 001480 HAWKINS, INC. 1 12,426.00 12,426.00 .00 .00 008032 STEVEN HEISKARY 1 100.00 100.00 .00 .00 008183 CHRISTEN HELVIG 1 60.00 60.00 .00 .00 007122 BRAD HENKE 1 40.00 40.00 .00 .00 008427 MARY HENNESSEY 1 85.00 85.00 .00 .00 001840 TIM HILLESHEIM 1 159.97 159.97 .00 .00 001859 HOME DEPOT CREDIT SERVICES 3 126.64 126.64 .00 .00 •22 KURT HOPKINS 1 42.50 42.50 .00 .00 008187 MARK HOVE 1 90.00 90.00 .00 .00 007247 SANDRA HOWARD 1 25.00 25.00 .00 .00 008370 NICHOLAS MARK HRONSKI 1 104.00 104.00 .00 .00 001875 PAT HUELMAN 1 100.00 100.00 .00 .00 000905 MICHAEL HYDEN 1 150.00 150.00 .00 .00 001971 INFRATECH 1 550.00 550.00 .00 .00 008163 RICK JACKSON 1 37.50 37.50 .00 .00 008441 DAVID JANSA 1 50.00 50.00 .00 .00 007507 RICHARD JENSEN 1 100.00 100.00 .00 .00 008272 JOHN F. KARAS 1 665.00 665.00 .00 .00 • Dit7: 10/03/2011 Time: 14:58:43 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 5 Discount Vendor # Name # of items Net Gross Discount 1110 008182 STEPHEN KELLS 1 50.00 50.00 .00 .00 008072 THERESA KLAMAN 1 100.00 100.00 .00 .00 007326 NANCIE KLEBBA 1 50.00 50.00 .00 .00 008434 EDWARD KNOX 1 50.00 50.00 .00 .00 00749B MATT KOEHN 1 50.00 50.00 .00 .00 007595 MIKE KOOB 1 37.50 37.50 .00 .00 008448 TERESA KOSLOWSKI 1 45.00 45.00 .00 .00 008416 MARK KURTH 1 55.00 55.00 .00 .00 000304 WILLIAM KUSTERMAN 1 100.00 100.00 .00 .00 000511 PERRY LADEN 1 150.00 150.00 .00 .00 007312 PAUL LANDRY 1 85.00 85.00 .00 .00 007294 TOM LEE 1 45.00 45.00 .00 .00 008443 PAUL LESCH 1 45.00 45.00 .00 .00 008175 JENNY LEWIS 1 45.00 45.00 .00 .00 008286 LIL MANDILE TOURS 1 2,294.00 2,294.00 .00 .00 008380 PAUL A. LILLYBLAD 1 221.25 221.25 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,163.44 1,163.44 .00 • 007618 CHAD LINDSAY 1 22.50 22.50 .00 .00 002355 GEORGE LINDY 1 75.00 75.00 .00 .00 007126 DARION LOVE 1 90.00 90.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 2 8,249.02 8,249.02 .00 .00 008418 DAVID LUKE 1 42.50 42.50 .00 .00 002450 JOYCE LUND 1 55.00 55.00 .00 .00 000274 LYNN PEAVEY COMPANY, INC. 2 178.55 178.55 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 2 860.82 860.82 .00 .00 001947 TONY MARCIANO 1 25.00 25.00 .00 .00 008422 TONY MARTENSON 1 37.50 37.50 .00 .00 • Date: 10/03/2011 Time: 14:58:43 City of Lino Lakes Operator: KKF Page: P 8 FM Entry - Invoice Journal Discount dor # Name # of items Net Gross Discount Lost 008433 STEVE MCCARTHY 1 50.00 50.00 .00 .00 008185 TOM MCMILLIN 1 50.00 50.00 .00 .00 008300 ROBIN MCNULTY 1 45.00 45.00 .00 .00 008224 MEDICA 1 39,026.93 39,026.93 .00 .00 002584 METRO SALES INCORPORATED 1 256.94 256.94 .00 .00 008151 JEFF MEYER 1 37.50 37.50 .00 .00 007530 MINNESOTA HIGHWAY SAFETY & RESEARCH CTR 1 439.00 439.00 .00 .00 000862 MIDWAY FORD 2 47,923.04 47,923.04 .00 .00 008439 CURT MIERS 1 30.00 30.00 .00 .00 002849 MINNESOTA PETROLEUM SERVICE, INC. 1 114.00 114.00 .00 .00 003882 MINNESOTA SHREDDING LLC 1 48.00 48.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 2 1,122.09 1,122.09 .00 .00 008218 MN DEPT OF LABOR /INDUSTRY 1 40.00 40.00 .00 .00 008021 MN METRO NORTH TOURISM 1 5,656.00 5,656.00 .00 .00 007249 TIM MOLITOR 1 37.50 37.50 .00 .00 007339 LISA MUNSON 1 60.00 60.00 .00 .00 1111148 JOHN NARDECCHIA 1 25.00 25.00 .00 .00 008198 NATIONAL PAYMENT CENTER 1 193.37 193.37 .00 .00 008437 DAN NELSON 1 90.00 90.00 .00 .00 007893 ERIC NELSON 1 22.50 22.50 .00 .00 000458 KYLE NELSON 1 22.50 22.50 .00 .00 000106 ROBERT NELSON 1 100.00 100.00 .00 .00 001395 NEXTEL COMMUNICATIONS 1 523.83 523.83 .00 .00 007268 PETE NOLL 1 40.00 40.00 .00 .00 008229 O'DAY EQUIPMENT, LLC 1 3,514.29 3,514.29 .00 .00 000155 MARY JO O'DEA 1 75.00 75.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 7 265.86 265.86 .00 .00 • Dite? 10/03/2011 Time 14:58:44 Vendor # Name City of Lino Lakes FM Entry - Invoice Journal # of items Operator: KKF Page: 7 Discount Net Gross Discount Lo 007705 OLSEN COMPANIES 1 122.21 122.21 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 2 80.88 80.88 .00 .00 008438 ROBERT OST 1 25.00 25.00 .00 .00 000974 RICK PESCH 1 75.00 75.00 .00 .00 008371 ROBERT H. PETERSON 1 276.75 276.75 .00 .00 000677 PHILIP'S TREE CARE 1 1,232.47 1,232.47 .00 .00 004001 STEVE PIERSON 1 37.50 37.50 .00 .00 000016 PLAYPOWER LT FARMINGTON, INC. 1 765.23 765.23 .00 .00 004608 BRIAN POGALZ 1 150.00 150.00 .00 .00 008442 CHRIS POKORNY 1 47.50 47.50 .00 .00 008430 DAVE POPP 1 42.50 42.50 .00 .00 007300 BILL RECKARD 1 75.00 75.00 .00 .00 007311 TONY REIMERS 1 75.00 75.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,524.40 1,524.40 .00 .00 008241 RIDDELL /ALL AMERICAN SPORTS CORP 1 1,317.79 1,317.79 .00 .00 007910 GRANT RIEBEL 1 40.00 40.00 .00 .00 000108 RICH RODRIGUEZ 1 37.50 37.50 .00 • 008031 BYRON ROLAND 1 50.00 50.00 .00 .00 000329 ALAN ROLEK 1 637.98 637.98 .0D .00 004609 MICHAEL ROOT 1 150.00 150.00 .00 .00 008500 ROYAL CONCRETE PIPE, INC. 1 470.25 470.25 .00 .00 007916 JON RUIKKA 1 85.00 85.00 .00 .00 008273 CARL A. SAARION 1 1,235.00 1,235.00 .00 .00 000781 KATHERINE SANCHEZ 1 50.00 50.00 .00 .00 008435 TOM SANVICK 1 25.00 25.00 .00 .00 008398 KEVIN C. SCHAFER 1 398.25 398.25 .00 .00 008399 SCOTT DOUGLAS SCHAFER 1 246.75 246.75 .00 .00 • Date: 10/03/2011 Time: 14:58:44 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page P 1 Discount .dor # Name # of items Net Gross Discount Lost 008305 MARK SCHEIBLE 1 22.50 22.50 .00 .00 007628 DAN SCHLUENDER 1 50.00 50.00 .00 - .00 008414 CATHY SCHMIDT 1 25.00 25.00 .00 .00 008176 GREGORY SCHNEIDER 1 27.50 27.50 .00 .00 007651 ADAM SCHULTZ 1 75.00 75.00 .00 .00 008431 KEVIN SELANDER 1 42.50 42.50 .00 .00 008445 GARRNETT SIPPLE 1 27.50 27.50 .00 .00 008447 BRENT SKALICKY 1 55.00 55.00 .00 .00 007327 JIM & PAULA SMUDE 1 50.00 50.00 .00 .00 007131 LARRY SOLER 1 75.00 75.00 .00 .00 008038 JEFF SONDERMAN 1 37.50 37.50 .00 .00 007554 GARY STRATING 1 75.00 75.00 .00 .00 004240 STREICHER'S, INC. 1 347.08 347.08 .00 .00 008166 CHRIS SUMMERFIELD 1 42.50 42.50 .00 .00 008155 PAULETTE SZUREK 1 25.00 25.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 2,954.67 2,954.67 .00 .00 1111139 TARGET BANK 1 110.66 110.66 .00 .00 007599 SCOTT TAYLOR 1 42.50 42.50 .00 .00 002790 TESSMAN COMPANY, THE 1 922.60 922.60 .00 .00 007157 STEVE THORESON 1 45.00 45.00 .00 .00 004469 TOUSLEY FORD, INC. 3 307.80 307.80 .00 .00 002130 PAUL TRALLE 1 225.00 225.00 .00 .00 008444 PAULINE TRETTEL 1 25.00 25.00 .00 .00 900357 TRI -STATE BOBCAT, INC. 1 180.12 180.12 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 470.78 470.78 .00 .00 008174 SCOTT VANZEE 1 25.00 25.00 .00 .00 008180 MARIA VANZYL 1 50.00 50.00 .00 .00 Dr J:110/03/2011 Time 14:58:44 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 9 Discount Vendor # Name # of items Net Gross Discount L� 000970 VERIZON WIRELESS 1 718.90 718.90 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 3 17,468.73 17,468.73 .00 .00 008154 RICK WAGNER 1 85.00 85.00 .00 .00 004760 WALDOCH SPORTS, INC. 3 116.88 116.88 .00 .00 008424 STEVE WALKER 1 37.50 37.50 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 63.09 63.09 .00 .00 004840 WINNICK SUPPLY, INC. 1 67.95 67.95 .00 .00 001630 JOSH WLASCHIN 1 85.00 85.00 .00 .00 007505 TODD WOOLF 1 95.00 95.00 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELEC1RIC ASSOC 1 990.00 990.00 .00 .00 008395 WSB & ASSOCIATES, INC. 2 7,635.81 7,635.81 .00 .00 003250 XCEL ENERGY 6 10,182.03 10,182.03 .00 .00 008162 LANCE ZIRPEL 1 37.50 37.50 .00 .00 Grand Totals: 258 203,583.57 203,583.57 .00 .00* • • • Ranges: Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Date: 10/03/2011 Time: 15:00:15 Operator: KKF Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report (A) (A) (A) (A) (A) (R) 9653 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name - 9662 # of copies: 1 Description ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION 11111-17TIONS FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE AMERICAN FAMILY LIFE RELIASTAR LIFE INSUR CENTRAL PENSION FUND DELTA DENTAL PLAN OF MN CHILD SUPPORT PAY NATIONAL PAYMENT CEN MEDICA Total for RELIASTAR LIFE INSUR OPTUMHEALTH FINANCIA OPTUMHEALTH FINANCIA DELTA DENTAL PLAN OF NEXTEL COMMUNICATION LINCOLN NATIONAL LIF MEDICA OCT. 2011 INS. PREMIUM OCT. 2011 BASIC /ADD LIFE SEPT. 2011 IUOE CONTRIBU OCT. 2011 DENTAL INSURAN CHILD SUPPORT GARNISHMENT OCT. 2011 HEALTH INSURAN Department OCT. 2011 BASIC /ADD LIFE SEPT 2011 ELIG PLAN PART SEPT. 2011 RETIREES OCT. 2011 DENTAL INSURAN MONTHLY CELLULAR CHARGES OCT. 2011 LTD INSURANCE OCT. 2011 HEALTH INSURAN Total for Department 402 TARGET BANK ELECTIONS SUPPLY BOX Total for Department 403 ROLEK, ALAN RELIASTAR LIFE INSUR DELTA DENTAL PLAN OF LINCOLN NATIONAL LIF MEDICA GPRS CONFERENCE /MILEAGE /MEALS OCT. 2011 BASIC /ADD LIFE OCT. OCT. OCT. 2011 2011 DENTAL INSURAN 2011 LTD INSURANCE 2011 HEALTH INSURAN SEMINAR - K. FREAD Total for Department 407 ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF ECONOMIC DEVELOPMENT LINCOLN NATIONAL LIF ECONOMIC DEVELOPMENT MN METRO NORTH TOURI ECONOMIC DEVELOPMENT MEDICA PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING • OCT. 2011 OCT. 2011 OCT. 2011 AUG. 2011 OCT. 2011 Total for Department BASIC /ADD LIFE DENTAL INSURAN LTD INSURANCE HOTEL -MOTEL TA HEALTH INSURAN 415 NELSON, ROBERT 3RD QTR 2011 P & Z BOARD RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE LADEN, PERRY 3RD QTR 2011 P & Z BOARD HYDEN, MICHAEL 3RD QTR 2011 P & Z BOARD Amount 700.26 1,273.34 3,456.00 2,267.38 1,122.09 193.37 2,983.38 11,995.82* 11.25 53.28 27.60 155.23 17.44 84.63 3,098.98 3,448.41* 15.28 15.28* 637.98 11.26 116.42 57.18 2,508.80 25.00 3,356.64* 3.75 38.80 19.22 5,656.00 351.57 6,069.34* 100.00 3.75 150.00 150.00 P12 Date:310 /03/2011 Time: 15:00:15 Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PLANNING & ZONING DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 77.60 PLANNING & ZONING TRALLE, PAUL 3RD QTR 2011 P & Z BOARD 225.00 PLANNING & ZONING POGALZ, BRIAN 3RD QTR 2011 P & Z BOARD 150.00 PLANNING & ZONING ROOT, MICHAEL 3RD QTR 2011 P & Z BOARD 150.00 PLANNING & ZONING LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 36.26 PLANNING & ZONING EVENSON, NEIL 3RD QTR 2011 P & Z BOARD 150.00 PLANNING & ZONING MEDICA OCT. 2011 HEALTH INSURAN 703.14 PLANNING & ZONING BONESTROO, INC. COMPREHENSIVE PLAN UPDAT 149.00 Total for Department 416 2,044.75* ENGINEERING WSB & ASSOCIATES, IN AUG. 2011 ENG. SVCS 4,366.67 Total for Department 417 4,366.67* COMM DEV COMM DEV COMM DEV COMM DEV RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE Total for Department 418 11.25 58.23 17.44 47.52 134.44* POLICE LYNN PEAVEY COMPANY, DGKT SK TEST U- METHAMPHE 53.00 POLICE LYNN PEAVEY COMPANY, ZWTP CD 1.38 X 108 125.55 POLICE RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE 108.75 POLICE ASPEN MILLS, INC. A. HALVERSON CLOTHING AL 118.85 POLICE ASPEN MILLS, INC. K LEIBEL CLOTHING ALLOWA 129.50 POLICE ASPEN MILLS, INC. K MCCARTHY CLOTHING ALLO 119.85 POLICE VERIZON WIRELESS SEPT. 2011 CELLULAR CHAR 718.90 POLICE DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 969.82 POLICE XCEL ENERGY AUG. 2011 ELECTRIC USAGE 3.76 POLICE MINNESOTA SHREDDING DESIGNATED CONFIDENTIAL 48.00 POLICE STREICHER'S, INC. ARK - FREEZEP .22K3- IRRITA 347.08 POLICE NOLL, PETER UNIFORM ALLOWANCE REIMBU 40.00 POLICE LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 505.37 POLICE MEDICA OCT. 2011 HEALTH INSURAN 18,867.72 Total for Department 420 22,156.15* FIRE RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE 11.25 FIRE DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 77.61 FIRE LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 53.89 FIRE MEDICA OCT. 2011 HEALTH INSURAN 1,231.90 Total for Department 421 1,374.65* BUILDING INSPECTIONS RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE BUILDING INSPECTIONS DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN BUILDING INSPECTIONS NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES BUILDING INSPECTIONS LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE BUILDING INSPECTIONS MEDICA OCT. 2011 HEALTH INSURAN Total for Department 422 8.62 97.02 34.88 39.79 880.33 1,060.64* STREETS RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE 26.25 STREETS DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 271.61 • Date: 10/03/2011 Time: 15:00:16 • Department Operator: KKF Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET T �,T ET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET NEXTEL COMMUNICATION FRATTALLONE'S HARDWA FRATTALLONE'S HARDWA AMERICAN MESSAGING XCEL ENERGY T.A. SCHIFSKY AND SO WRIGHT /HENNEPIN CO -0 LINCOLN NATIONAL LIF OLSEN COMPANIES CENTURYLINK MEDICA ROYAL CONCRETE PIPE, Total for MACQUEEN EQUIPMENT, MACQUEEN EQUIPMENT, RELIASTAR LIFE INSUR O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, DELTA DENTAL PLAN OF GILLUND ENTERPRISES, HOME DEPOT CREDIT SE G & K SERVICES, INC. MINNESOTA PETROLEUM FACTORY MOTOR PARTS FACTORY MOTOR PARTS TOUSLEY FORD, INC. TOUSLEY FORD, INC. TOUSLEY FORD, INC. WALDOCH SPORTS, INC. WALDOCH SPORTS, INC. WINNICK SUPPLY, INC. LINCOLN NATIONAL LIF COLUMBUS AUTO TRUCK LUBRICATION TECHNOLO LUBRICATION TECHNOLO MEDICA O'DAY EQUIPMENT, LLC TRI -STATE BOBCAT, IN Total for GOVERNMENT BUILDINGS ALL SEASONS RENTAL, GOVERNMENT BUILDINGS WHITE BEAR LOCKSMITH GOVERNMENT BUILDINGS AMERIPRIDE LINEN /APP GOVERNMENT BUILDINGS TARGET BANK • MONTHLY CELLULAR CHARGES SAND MIX SAND MIX /TROWEL MONTHLY PAGER CHARGES AUG. 2011 ELECTRIC USAGE AC MODIFIED ASPHALT MONTHLY STREET LIGHT MAI OCT. 2011 LTD INSURANCE HAVEN GRIP W /LATCH SIGNAL PHONE CHARGES OCT. 2011 HEALTH INSURAN ADJ RING 27 X 2 Department 430 BROOM M.B.D.W - # 230 WATER TANK GAUGE #230 OCT. 2011 BASIC /ADD LIFE BRK CALIPER - # 204 HDLT RESTORE - # 372 MINI HALOGEN MINI LAMP MINI LAMP /CLT PLT BRG OIL FILTER SEAFOAM GAS TREATMENT OCT. 2011 DENTAL INSURAN MISC. VEHICLE CLEANERS MILLWORK /HARDWARE SHOP TOWELS CHANGE /UPDATE NETWORK NU RETURN RR CERAMIC PAD ROTOR RR BRK - # 204 CORE RETURN - # 369 PLATE ASY /CALIPER ASY - REAR BAR - # 364 FLOAT FLOAT RETURN /NEW FLOAT P RANDOM STEEL /SCH 10 PIPE OCT. 2011 LTD INSURANCE DOT INSPECTION - # 218 1997.01 GALLONS UNL 494.4 GALLONS ULS RED 135 OCT. 2011 HEALTH INSURAN REPAIR PETRO SYSTEM SKIDSTEER BUCKET Department 431 MIXING TRAILER KEYS CUT & STAMPED MONTHLY MAT /RUGS REPLACE DUST PAN 35.84 27.51 36.90 3.19 5,327.17 2,954.67 990.00 97.58 122.21 52.19 1,406.28 470.25 11,821.65* 546.80 314.02 2.44 103.83 18.57 10.45 10.45 14.95 5.14 102.47 38.80 122.12 38.48 66.10 114.00 -57.11 214.67 -53.44 257.39 103.85 109.18 7.70 67.95 14.12 75.00 6,564.70 1,684.32 880.33 3,514.29 180.12 15,071.69* 210.16 63.09 141.87 1.29 P14 Date:510 /03/2011 Time: 15:00:16 Operator: KKF Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT 2 -1/4" X 85' ROLL, 3 PK GOVERNMENT BUILDINGS DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN GOVERNMENT BUILDINGS TWIN CITY GARAGE DOO PREVENTATIVE MAINT OF AL GOVERNMENT BUILDINGS LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE GOVERNMENT BUILDINGS MN DEPT OF LABOR /IND 1391711 PRESSURE VESSEL GOVERNMENT BUILDINGS MN DEPT OF LABOR /IND 20772 BOILER GOVERNMENT BUILDINGS MN DEPT OF LABOR /IND 20774 BOILER GOVERNMENT BUILDINGS MN DEPT OF LABOR /IND 776441 PRESSURE VESSEL GOVERNMENT BUILDINGS MEDICA OCT. 2011 HEALTH INSURAN Total for Department 432 PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL PLAYPOWER LT FARMING ALL SEASONS RENTAL, KUSTERMAN, BILL RELIASTAR LIFE INSUR ARCADE ASPHALT, INC. PHILIP'S TREE CARE DEGARDNER, RICK DELTA DENTAL PLAN OF NEXTEL COMMUNICATION HUELMAN, PAT LINDY, GEORGE METRO SALES INCORPOR TESSMAN COMPANY, THE XCEL ENERGY KOEHN, MATT EVANS, CHARLES JENSEN, RICHARD LINCOLN NATIONAL LIF ROLAND, BYRON MEDICA BIFF'S INC. Total for SLIDE WAVE SGL.WD.1625 M 12" SOD CUTTER 3RD QTR 2011 PARK BOARD OCT. 2011 BASIC /ADD LIFE ASPHALT PAVED PATH BROADLEAF HERBICIDE APPL MILEAGE REIMBURSEMENT OCT. 2011 DENTAL INSURAN MONTHLY CELLULAR CHARGES 3RD QTR 2011 PARK BOARD 3RD QTR 2011 PARK BOARD QTRLY COPIER MAINT CONTR 3 WAY PERENNIAL RYE W /RP AUG. 2011 ELECTRIC USAGE 3RD QTR 2011 PARK BOARD 3RD QTR 2011 PARK BOARD 3RD QTR 2011 PARK BOARD OCT. 2011 LTD INSURANCE 3RD QTR 2011 PARK BOARD OCT. 2011 HEALTH INSURAN MONTHLY RUBBISH REMOVAL Department 450 RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES METRO SALES INCORPOR QTRLY COPIER MAINT CONTR LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE MEDICA OCT. 2011 HEALTH INSURAN Total for Department 451 O'DEA, MARY JO DEHAVEN, MARTHA RELIASTAR LIFE INSUR ANDRZEJEWSKI, PAULA DELTA DENTAL PLAN OF NEXTEL COMMUNICATION BOR, BARBARA KLEBBA, NANCIE 3RD QTR 2011 ENVIR BOARD 3RD QTR 2011 ENVIR BOARD OCT. 2011 BASIC /ADD LIFE 3RD QTR 2011 ENVIR BOARD OCT. 2011 DENTAL INSURAN MONTHLY CELLULAR CHARGES 3RD QTR 2011 ENVIR BOARD 3RD QTR 2011 ENVIR BOARD 3.06 -38.80 470.78 -12.00 10.00 10.00 10.00 10.00 - 351.57 527.88* 765.23 49.70 100.00 20.64 2,700.00 1,232.47 63.83 174.64 255.19 100.00 75.00 167.01 922.60 191.90 50.00 100.00 100.00 86.74 50.00 3,081.16 504.03 10,790.14* 12.00 124.19 17.44 89.93 47.14 879.21 1,169.91* 75.00 50.00 1.31 100.00 13.59 17.55 100.00 50.00 • • . Department Vendor Name Description Amount Date: 10/03/2011 Time: 15:00:16 Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report ENVIRONMENTAL LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 6.83 ENVIRONMENTAL HEISKARY, STEVEN 3RD QTR 2011 ENVIR BOARD 100.00 ENVIRONMENTAL KLAMAN, THERESA 3RD QTR 2011 ENVIR BOARD 100.00 ENVIRONMENTAL MEDICA OCT. 2011 HEALTH INSURAN 474.62 Total for Department 461 1,088.90* SOLID WASTE RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE 1.13 SOLID WASTE DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 11.64 SOLID WASTE LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 5.85 SOLID WASTE MEDICA OCT. 2011 HEALTH INSURAN 105.47 Total for Department 462 124.09* FORESTRY RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE 1.31 FORESTRY DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN 13.58 FORESTRY LINCOLN NATIONAL LIF OCT. 2011 LTD INSURANCE 6.82 FORESTRY MEDICA OCT. 2011 HEALTH INSURAN 123.05 Total for Department 463 144.76* Total for Fund 101 96,761.81* RODRIGUEZ, RICH COACHES REFUND 37.50 GROESS, RONALD COACHES REFUND 45.00 HOPKINS, KURT COACHES REFUND 42.50 DICKMAN, JEREMY COACHES REFUND 75.00 FACENTE, JIM COACHES REFUND 50.00 NELSON, KYLE COACHES REFUND 22.50 DEGEEST, SETH COACHES REFUND 37.50 SANCHEZ, KATHERINE COACHES REFUND 50.00 • FARRIS, JIM COACHES REFUND 45.00 PESCH, RICK COACHES REFUND 75.00 BORDSON, BRENT COACHES REFUND 50.00 HAMSTAD, GREG COACHES REFUND 40.00 WLASCHIN, JOSH COACHES REFUND 85.00 MARCIANO, TONY COACHES REFUND 25.00 PIERSON, STEVE COACHES REFUND 37.50 HENKE, BRAD COACHES REFUND 40.00 LOVE, DARION COACHES REFUND 90.00 SOLER, LARRY COACHES REFUND 75.00 NARDECCHIA, JOHN COACHES REFUND 25.00 THORESON, STEVE COACHES REFUND 45.00 ACKERMAN, GRANT COACHES REFUND 37.50 HOWARD, SANDRA COACHES REFUND 25.00 MOLITOR, TIM COACHES REFUND 37.50 LEE, TOM COACHES REFUND 45.00 RECKARD, BILL COACHES REFUND 75.00 DUNNOM, PAUL COACHES REFUND 45.00 ARDITO, MICHAEL COACHES REFUND 42.50 BOURASSA, BRIAN COACHES REFUND 80.00 REIMERS, TONY COACHES REFUND 75.00 LANDRY, PAUL COACHES REFUND 85.00 • P16 Date:710 /03/2011 Time: 15:00:16 Operator: KKF Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount SMUDE, JIM & PAULA COACHES REFUND GRAMSE, JENNIFER COACHES REFUND MUNSON, LISA COACHES REFUND WOOLF, TODD COACHES REFUND FISKEWALD, JEREMY COACHES REFUND STRATING, GARY COACHES REFUND FRANCIS, JEFF COACHES REFUND KOOB, MIKE COACHES REFUND TAYLOR, SCOTT COACHES REFUND ANDERSON, TOM COACHES REFUND BRAND, JON COACHES REFUND CLASEMAN, MATT COACHES REFUND GANSKE, JEFF COACHES REFUND HALVA, ROB COACHES REFUND HAMSKI, DAN COACHES REFUND LINDSAY, CHAD COACHES REFUND SCHLUENDER, DAN COACHES REFUND SCHULTZ, ADAM COACHES REFUND HANEY, PAT COACHES REFUND BAULER, BETSY COACHES REFUND NELSON, ERIC COACHES REFUND RIEBEL, GRANT COACHES REFUND HALVERSON, MARK COACHES REFUND FULLER, BRYCE COACHES REFUND RUIKKA, JON COACHES REFUND SONDERMAN, JEFF COACHES REFUND GRUNDTNER, TIM COACHES REFUND BREUNIG, STEVEN COACHES REFUND MEYER, JEFF COACHES REFUND DEBLIECK, JOSEPH COACHES REFUND WAGNER, RICK COACHES REFUND SZUREK, PAULETTE COACHES REFUND GILMORE, ADAM COACHES REFUND ERICHSRUD, CHAD COACHES REFUND ZIRPEL, LANCE COACHES REFUND JACKSON, RICK COACHES REFUND SUMMERFIELD, CHRIS COACHES REFUND DAVIS, WILLIAM COACHES REFUND ACKLEY, JAMES COACHES REFUND VANZEE, SCOTT COACHES REFUND LEWIS, JENNY COACHES REFUND SCHNEIDER, GREGORY COACHES REFUND VANZYL, MARIA COACHES REFUND KELLS, STEPHEN COACHES REFUND HELVIG, CHRISTEN COACHES REFUND MCMILLIN, TOM COACHES REFUND CLAMPITT, CARA COACHES REFUND HOVE, MARK COACHES REFUND AUSTIN, MARTIN COACHES REFUND SCHEIBLE, MARK COACHES REFUND 50.00 30.00 60.00 95.00 75.00 75.00 75.00 37.50 42.50 30.00 25.00 55.00 55.00 115.00 70.00 22.50 50.00 75.00 50.00 45.00 22.50 40.00 45.00 42.50 85.00 37.50 30.00 22.50 37.50 42.50 B5.00 25.00 75.00 85.00 37.50 37.50 42.50 85.00 85.00 25.00 45.00 27.50 50.00 50.00 60.00 50.00 45.00 90.00 50.00 22.50 • Date: 10/03/2011 Time: 15:00:16 • Department Operator: KKF Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount • ADULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS BEILBY, JAMES BERGER, DENISE SCHMIDT, CATHY CUNNINGHAM, TERRI KURTH, MARK ANDERSON, PAUL LUKE, DAVID ECSON, ERIC CASSIDY, THOMAS CAVEGN, TONY MARTENSON, TONY GRATZ, DEAN WALKER, STEVE DEVRIES, JOSH CRAIG ANKRUM HENNESSEY, MARY GOTHIER, SEAN FRANK, TIM POPP, DAVE SELANDER, KEVIN CLARK, BRIAN MCCARTHY, STEVE KNOX, EDWARD SANVICK, TOM GRUNDFELDT, JOE NELSON, DAN OST, ROBERT MIERS, CURT BALL, VIRGINIA JANSA, DAVID POKORNY, CHRIS LESCH, PAUL TRETTEL, PAULINE SIPPLE, GARRNETT BOLKCOM, CHUCK SKALICKY, BRENT KOSLOWSKI, TERESA FLASCHBERGER, JAMES Total for BERG, RICHARD T KARAS, JOHN F. SAARION, CARL A. MCNULTY, ROBIN GIESEMANN, JOSEPH S LILLYBLAD, PAUL A. Total for SPECIAL EVENTS /TRIPS TARGET BANK SPECIAL EVENTS /TRIPS LUND, JOYCE • COACHES REFUND PROGRAM REFUND PROGRAM REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND Department CONTRACTED SPORTS OFFICI CONTRACTED SPORTS OFFICI CONTRACTED SPORTS OFFICI CONTRACTED SPORTS OFFICI . CONTRACTED SPORTS OFFICI CONTRACTED SPORTS OFFICI Department 202 PLAYGROUND SUPPLIES SENIOR TRIP REFUND 37.50 45.00 25.00 27.50 55.00 85.00 42.50 37.50 37.50 37.50 37.50 37.50 37.50 42.50 42.50 85.00 42.50 37.50 42.50 42.50 37.50 50.00 50.00 25.00 25.00 90.00 25.00 30.00 60.00 50.00 47.50 45.00 25.00 27.50 45.00 55.00 45.00 47.50 5,807.50* 285.00 665.00 1,235.00 45.00 484.00 221.25 2,935.25* 81.85 55.00 P18 413:910 /03/2011 Time: 15:00:16 Operator: KKF Department Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS FLEET WATER SEWER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER AMES, MARILYN SENIOR TRIP REFUND LIL MANDILE TOURS SCENIC LAKE PEPIN TOUR Total for Department 205 CENTENNIAL COMMUNITY FOR USE OF SCHOOL DISTRI BURGER, LUANN FALL SESSION DANCE CLASS Total for Department 207 RIDDELL /ALL AMERICAN FOOTBALL JERSEY, CUSTOM DETERMAN, ROBERT CONTRACTED HRONSKI, NICHOLAS MA CONTRACTED PETERSON, ROBERT H. SCHAFER, KEVIN C. SCHAFER, SCOTT D. SPORTS SPORTS CONTRACTED SPORTS CONTRACTED SPORTS CONTRACTED SPORTS Total for Department 208 Total for Fund 201 MIDWAY FORD 2012 FORD F350 PU Total for Department 431 MIDWAY FORD 2011 FORD F150 PU Total for Department 494 MIDWAY FORD 2011 FORD F150 PU Total for Department 495 Total for Fund 402 OFFICI OFFICI OFFICI OFFICI OFFICI DUDLEY, VICKY CREDIT BALANCE REFUND Total for Department FERGUSON WATERWORKS MARKING PAINT RED FERGUSON WATERWORKS UTL GAUGE /GLOVES /SCREWDR W. W. GOETSCH ASSOCI 460 VOLT TEFC MOTOR W /FL RELIASTAR LIFE INSUR OCT. 2011 BASIC /ADD LIFE CIRCLE PINES POST OF MONTHLY UTILITY BILLING DELTA DENTAL PLAN OF OCT. 2011 DENTAL INSURAN NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES HAWKINS, INC. CHLORINE /HYDROFLUOXILICI HILLESHEIM, TIM CLOTHING ALLOWANCE REIMB AMERICAN MESSAGING MONTHLY PAGER CHARGES XCEL ENERGY AUG. 2011 ELECTRIC USAGE LINCOLN NATIONAL LIF OCT. MEDICA OCT. WSB & ASSOCIATES, IN AUG. 2011 LTD INSURANCE 2011 HEALTH INSURAN 2011 ENG. SVCS Total for Department 494 Total for Fund 601 20.00 2,294.00 2,450.85* 1,767.00 501.60 2,268.60* 1,317.79 265.50 104.00 276.75 398.25 246.75 2,609.04* 16,071.24* 23,757.49 23,757.49* 12,082.77 12,082.77* 12,082.78 12,082.78* 47,923.04* 26.61 26.61* 96.17 36.37 1,209.83 8.07 280.69 83.42 77.42 12,426.00 159.97 6.39 2,429.17 33.22 901.29 833.33 18,581.34* 18,607.95* • • Date: 10/03/2011 Time: 15:00:16 Operator: KKF • Department Page: 9 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • • W. W. GOETSCH ASSOCI W. W. GOETSCH ASSOCI RELIASTAR LIFE INSUR TARGET BANK CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEL COMMUNICATION GRAINGER, INC. HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE INFRATECH AMERICAN MESSAGING XCEL ENERGY LIFT STATION # 7 REPAIR LIFT STATION # 7 SUBMERS OCT. 2011 BASIC /ADD LIFE SALT /BAGS /VINEGAR MONTHLY UTILITY BILLING OCT. 2011 DENTAL INSURAN MONTHLY CELLULAR CHARGES SDS MAX CORE BIT W /SHANK BUILDING MATERIALS ELECT. /LIGHTING /PLUMBING JET /VAC CLEANING MONTHLY PAGER CHARGES AUG. LINCOLN NATIONAL LIF OCT. MEDICA OCT. WSB & ASSOCIATES, IN AUG. 2011 ELECTRIC USAGE 2011 LTD INSURANCE 2011 HEALTH INSURAN 2011 ENG. SVCS Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN CN 11- 193127/'08 CHEV CO BLUE TOW SERVICE, IN CN 11- 218255/'94 CHEV PU MHSRC / Range C SCHIRMERS #308536 CLAS WSB & ASSOCIATES, IN AUG. 2011 LAKE /MAIN MOTO Total for Department Total for Fund 801 Grand Total 13,119.98 3,138.92 8.03 12.24 280.69 83.42 50.63 237.82 40.43 47.73 550.00 3.19 2,230.03 33.28 901.27 833.31 21,570.97* 21,570.97* 474.30 132.76 439.00 1,602.50 2,648.56* 2,648.56* 203,583.57* P20 • • • CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES September 26, 2011 : February 28, 2010 . 5:30 p.m. . 6:20 p.m. : Councilmember Gallup, O'Donnell, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; City Engineer Jason Wedel; Director of Public Safety John Swenson; City Clerk Julie Bartell 1) Fence at 1205 Buckthorn Lane — City Engineer Wedel noted that this is a discussion continued from the last work session regarding an easement encroachment application for a fence. The application was not approved by staff because of the presence of a utility and drainage easement on the property. The property owners appealed that decision and the council asked staff to look further at the city's regulations as well as similar regulations in other cities. Mr. Wedel noted that his research did determine that the city's ordinances do not contain language that restricts fences from being located within drainage and utility easements that contain underground utilities (such as this case) but rather the restriction is listed on the city's Easement Encroachment Agreement form. Regarding his contact with other cities, he noted that three out of eleven cities are consistent with Lino Lakes while the other eight cities allow fences subject to engineering review. He added that the city's current ordinance does require that a fence owner would be responsible for removing the fence if necessary. Mr. Wedel pointed out that historically the city's easements were included with the original platting so the property was acquired with the easements in place. If the city council were to move forward with allowing this fence, conditions are recommended including full recording to the property records, requirement of a gate and that ponds not be included. The council discussed the possibility of allowing the fence including the ability of the city to charge for fence removal if necessary. The city engineer suggested that it would be difficult to charge for the actual removal but the replacement and repair would clearly be the responsibility of the property owner. The council concurred that the fence will be allowed under current regulations with conditions determined by the city engineer. 2) Review Regular Agenda Item 3A, Recommendation to reclassify one staff position and eliminate two staff positions — Administrator Karlson reviewed his organizational assessment document. P21 P22 CITY COUNCIL WORK SESSION September 26, 2011 DRAFT 46 The assessment included meeting with employees with a goal of identifying ways to be 47 more effective and efficient. He noted the list of recommendations made by employees 48 and that he agrees with what was brought forward. The report contains recommendations 49 regarding reclassification of some positions (some of which have already been approved 50 by the council) as well as the elimination of two positions — Senior Planner and Director 51 of Administration. The mayor commended the City Administrator on completing the 52 assessment; he recognizes the goals are good and they include no loss of services for the 53 residents. 54 55 Item 4A, Ordinance No. 19 -11, Amending the City's Animal Control Regulations - 56 Public Safety Director Swenson noted that the city's regulations in this area have been 57 under review for some time (began previous to his arrival). A recent enforcement action 58 related to a dangerous animal brought to light the need to refine some areas of the 59 regulations. The changes include the elimination of any "potentially dangerous" 60 designation, with findings being that either an animal is dangerous or not. Staff is also 61 recommending a change in the area of the appeals process whereby appeals would be 62 handled by a hearing officer; assignment of that position will be done by the council 63 possibly with the annual appointments. The council concurred with the changes and 64 added that they would discuss the matter of appointing a hearing officer at a future work 65 session. 66 67 Item 4B, Ordinance No. 20 -11, Amending the City's Unclaimed Property 68 Regulations — Public Safety Director Swenson explained that because the city's current 69 regulations require that unclaimed property be disposed of by a certain type of public 70 auction, the city is not getting maximum value and is also having to hold onto property 71 longer (thus resulting in come complaints about unsightly storage situations). He 72 recommends the changes as they will make for a better process. 73 74 Item 6A, Resolution No. 11 -97, Calling for Hearing on Interchange Assessments - 75 Community Development Director Grochala explained that setting a public hearing 76 continues the process of assessments for the I35E /CSAH 14 Interchange Project. The 77 public hearing is proposed for October 24. All impacted property owners will be noticed 78 and given an opportunity to speak on the matter as well as appeal the assessments at the 79 hearing. 80 81 Item 6B, Resolution No. 11 -98, Approving Letter of Understanding with the City of 82 Centerville for a 21st Av Park and Ride and Road Improvement Project - 83 Community Development Director Grochala explained that staff is working with the 84 Metropolitan Council and the City of Centerville on the addition of a park and ride 85 facility. The project would also require some road improvements. A preliminary 86 engineering study is called for and is being proposed by WSB. The resolution would 87 authorize execution of a Letter of Understanding with the City of Centerville regarding a 88 general understanding of the project at this point. 89 90 The meeting was adjourned at 6:20 p.m. 2 • • • CITY COUNCIL WORK SESSION DRAFT September 26, 2011 91 92 These minutes were considered, corrected and approved at the regular Council meeting held on 93 October 10, 2011. 94 95 96 97 98 Julianne Bartell, City Clerk Jeff Reinert, Mayor 99 • • • COUNCIL MINUTES September 26, 2011 P 2 4 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : September 26, 2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:55 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; City Engineer Brian Bourassa; Director of Public Safety John Swenson; and City Clerk 14 Julie Bartell 15 16 PUBLIC COMMENT 17 18 Zach Hoppe, 7136 2nd Av, asked for information on why the Lino Lakes skate park was closed. The 19 council concurred to discuss the matter at the October 3, 2011 work session. 20 21 SETTING THE AGENDA 22 23 The agenda was approved as presented. 24 25 CONSENT AGENDA 26 27 Council Member Roeser moved to approve Consent Agenda Items 1A, 1C, 1D, 1E, and 1F as 28 presented. Council Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 29 30 Council Member O'Donnell moved to approve Consent Item 1B as presented. Council Member 31 Roeser seconded the motion. Motion carried on a voice vote; Council Member Rafferty abstained. 32 33 ITEM ACTION 34 35 Consideration of Expenditures: 36 37 September 26, 2011 (Check No. 91601 - 38 91700, $201,040.12) Approved 39 40 Centennial Fire District (Check No. 4983- 41 5001, $33,672.74) Approved 42 43 September 6, 2011 Council Work Session 44 Minutes Approved 45 P25 COUNCIL MINUTES September 26, 2011 DRAFT 46 September 12, 2011 City Council Meeting 47 Minutes Approved 48 49 Application for Exempt Permit from Lawful 50 Gambling License for St. Joseph Catholic Church 51 (two events) Approved 52 53 Application to Conduct Excluded Bingo, Blue 54 Heron Elementary PTO Approved 55 56 Resolution No. 11 -96, Extending Deadlines for Moon 57 Marsh Planned Unit Development Approved 58 59 FINANCE DEPARTMENT REPORT, AL ROLEK 60 61 There was no report from the Finance Department. 62 63 ADMINISTRATION DEPARTMENT REPORT, 64 65 3A, Recommendation to Reclassify One Staff Position and Eliminate Two Staff Positions - 66 Administrator Karlson reported that, based on council direction, he conducted an organizational 67 assessment and is presenting results to the council. The current phase of implementing the 68 recommendations of the assessment is the reclassification of one position and the elimination of two 69 positions (Senior Planner and Director of Administration). He is recommending that the council 70 approve those recommendations at this time. 71 72 Council Member Rafferty moved to approve the recommendations as presented. Council Member 73 Roeser seconded the motion. 74 75 A council member acknowledged that it is difficult to consider the elimination of positions but the 76 action does not reflect on the work done for the city by the two individuals holding those positions. 77 The mayor noted that the task of reviewing the organization was appropriately assigned to 78 Administrator Karlson and he is pleased that the job has been accomplished in house; it is important 79 for the council to have this organizational information as the city moves forward. 80 81 Motion adopted on a unanimous voice vote. 82 83 PUBLIC SAFETY DEPARTMENT REPORT, JOHN SWENSON 84 85 4A, 1St Reading of Ordinance No. 19 -11, Amending Chapter 503 of the Lino Lakes Code of 86 Ordinances regarding Animal Control — Public Safety Director Swenson explained that staff and 87 the city attorney have reviewed the city's animal control regulations with the goal of clarifying the 88 process of dealing with dangerous animals. The proposed ordinance before the council would remove 89 the term "potentially dangerous" and make a process much clearer. It would also establish a hearing • 90 officer process for appeals and pass certain costs onto the animal owner. 2 • • • COUNCIL MINUTES September 26, 2011 P 2 6 DRAFT 91 92 Council Member Gallup moved to approve First Reading of Ordinance No. 19 -11 as presented. 93 Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 94 95 4B), 1st Reading of Ordinance No. 20 -11, Amending Chapter 213, Subdivision 7, of the Lino 96 Lakes Code of Ordinances regarding Unclaimed Property — Public Safety Director Swenson 97 explained that the proposed ordinance relates to the disposal of unclaimed property. It proposes to 98 amend regulations to give city staff some flexibility to maximize revenue to the city on the sale of this 99 type of property. The public auction process currently causes some issues in not moving property 100 quickly or for the best price. The proposed changes will improve that situation. 101 102 Council Member O'Donnell moved to approve the First Reading of Ordinance No. 20 -11 as 103 presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 104 105 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 106 107 There was no report from the Public Services Department. 108 109 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 110 111 6A, Resolution No. 11 -97, Calling for a Hearing on Proposed Assessment for 35E /CSAH 14 112 Interchange Project — Community Development Director Grochala reported that that the resolution 113 calls for a hearing on the assessments proposed for the project. Proper notice will be accomplished by 114 staff if the resolution is passed by the council. He was asked to talk about the reductions to the 115 project and he explained that project costs have come in under original estimates ($1.3 million less in 116 assessments), caused by additional assistance such as stimulus funding, a contribution by the City of 117 Hugo and lower construction costs. 118 119 Council Member Roeser moved approval of Resolution No. 11 -97 as presented. Council Member 120 Gallup seconded the motion. Motion carried on a unanimous voice vote. 121 122 6B, Resolution No. 11 -98, Approving Letter of Understanding with City of Centerville, 21st Av 123 Park and Ride/Road Improvements- Community Development Director Grochala explained that 124 staff is currently working with the property owner and Metro Transit on the possible construction of a 125 300 space park and ride on the NW quadrant of the interchange. Since some road improvement 126 would be necessary, staff is recommending that a preliminary lay out and cost estimate be done. The 127 city's engineering firm, WSB, has submitted a proposal to do the preliminary work; an agreement 128 with the City of Centerville regarding roles and responsibilities is requested. 129 130 Council Member Rafferty moved to approve Resolution No. 11 -98 as presented. Council Member 131 Roeser seconded the motion. Motion carried on a unanimous voice vote. 132 133 UNFINISHED BUSINESS 134 135 There was no Unfinished Business. 3 P27 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 COUNCIL MINUTES DRAFT NEW BUSINESS There was no New Business. COMMUNITY CALENDAR September 26, 2011 4. Wednesday, Sept 28 Monday, October 3 Monday, October 3 4. Thursday, October 6 4. Monday, October 10 Community Calendar— A Look Ahead August 23, 2011 through September 12, 2011 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC City Council Meeting ADJOURN There being no further business, Council Member Rafferty moved to adjourn at 6:55 p.m. Council Member Roeser seconded the motion. Motion carried. These minutes were considered and approved at the regular Council Meeting, October 10, 2011. Julianne Bartell, City Clerk 4 Jeff Reinert, Mayor • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1D Julie Bartell, City Clerk October 10, 2011 Consider Approval of Resolution No. 11 -100 Application for Temporary On -Sale Liquor License for Lino Lakes YMCA Simple Majority (3/5 Vote) The Lino Lakes YMCA is planning a fundraising event to be held on Thursday evening, November 17, 2011 at the YMCA facility at 7960 Village Drive. The event planned is a wine tasting that will be sponsored by Lino Lakes business, Lake Liquor. Since wine will be served it is necessary for the YMCA to obtain a Temporary 1 -4 Day Intoxicating Liquor License Permit. Staff has determined that the Lino Lakes YMCA is eligible for temporary license under city and state regulations. City policy requires a background investigation each time a permit or license application is received; the Lino Lakes Police Department has conducted an investigation of the applicant, Chain of Lakes YMCA Executive Director Sharna Braucks, and found no reason to deny the license request. A copy of the applications and a copy of the certificate of liquor liability insurance are on file in the city clerk's office. OPTIONS: 1. Approve Resolution No. 11 -100, approving a 1 to 4 day temporary on -sale liquor license. 2. Deny Resolution No. 11 -100. RECOMMENDATION: Option 1. P28 P29 Council Member introduced the following resolution and moved its adoption: COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 11 -100 AUTHORIZING A TEMPORARY LIQUOR LICENSE FOR A SPECIAL EVENT AT THE LINO LAKES YMCA ON NOVEMBER 17, 2011 WHEREAS, the Executive Director of the Chain of Lakes YMCA has submitted an application for a 1 to 4 day temporary liquor license in conjunction with an event planned at the YMCA facility on November 17, 2011; and WHEREAS, the event planned is a fundraiser that includes a wine tasting; and WHEREAS, the serving of alcoholic beverages will be done to ensure that no underage alcohol service will occur; and WHEREAS, proof of liquor liability insurance has been submitted; and WHEREAS, the Alcohol & Gambling Enforcement Division requires that this type of temporary liquor application be approved by the City of Lino Lakes City Council before submission to the Liquor Control Board Now, Therefore, Be It Resolved by the City Council of The City of Lino Lakes: That the City Council grants local approval for a 1 -4 day temporary liquor license to the Lino Lakes YMCA for a special event on November 17, 2011. Approved by the City Council of the City of Lino Lakes this 10th day of October, 2011. Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 • CLOSED COUNCIL SESSION September 22, 2011 APPROVED DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES CLOSED COUNCIL SESSION : September 22, 2011 . 5:45 p.m. . 7:13 p.m. : Council Members Rafferty, Roeser, Gallup, Mayor Reinert : Council Member O'Donnell Staff present: City Administrator Jeff Karlson; League of Minnesota Cities (LMC) Attorney James Monge. Mayor Reinert announced that the work session would be closed at 5:45 p.m. in the Council Work Room at Lino Lakes City Hall. The meeting was convened as a closed session of the city council pursuant to the Open Meeting Law for the express purpose of discussing attorney - client communications in the matter of Sawh v. Lino Lakes. The meeting was not recorded. The meeting was adjourned at 7:13 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on October 10, 2011. Julianne Bartell, City Clerk Jeff Reinert, Mayor 1 P30 AGENDA ITEM 1F STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: October 10, 2011 TOPIC: Consider Resolution 11 -103, Appointing Qualified Election Judges for 2011 Municipal Election VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: P31 The governing body of a municipality has the authority to appoint qualified applicants to serve as election judges without requiring them to indicate whether they are affiliated with a major political party. Minnesota Statute 204B.21, subd. 2, was amended to provide that individuals who meet the qualifications to serve as an election judge (including those not affiliated with a major political party) • are eligible to be appointed to serve in that capacity. Changes to that statute also require that at least two election judges in each polling place be affiliated with different major political parties. This will assure that judges affiliated with two different political parties are available at all times to carry out certain duties. After council approval, applicants will be selected from the attached list to serve as election judges for the 2011 Municipal Election on Tuesday, November 8. OPTIONS: 1. Approve the attached list of prospective election judges. 2. Reject list RECOMMENDATION: 1. Approve list • P32 Council Member introduced the following resolution and moved its adoption: COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 11 -103 APPOINTING ELECTION JUDGES FOR NOVEMBER 8, 2011 MUNICIPAL ELECTION WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of October 10, 2011; and WHEREAS, a Municipal Election will be held on November 8, 2011; and WHEREAS, pursuant to Minnesota Statute 204B.20, election judges shall be appointed to serve in an election precinct and the appointing authority shall designate one of the judges to serve as the head election judge; and WHEREAS, pursuant to Minnesota Statute 204B.21, a list of trained certified judges was prepared from lists of eligible voters provided by the major political parties and from previous rosters; and WHEREAS, Minnesota Statute 204B.21, subd. 2, requires appointments be made at least 25 days before the election at which the election judges will serve. NOW, THEREFORE, BE IT RESOLVED, that the named persons on the attached list of certified eligible voters are hereby appointed to serve as election judges and head election judges for the 2011 Municipal Election if called upon to do so. Adopted by the City Council of the City of Lino Lakes this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk • P33 Judge Board Report, 2011 Local Fall • General Election, Tuesday, November 8, 2011 Public Works Building, 1189 Main ST, Lino Lakes, MN 55014 Lino Lakes P -1 Joanne Bucholz, Head Judge Sylvia Marier, Head Judge Mary Ayde, Election Judge Darlin Kister, Election Judge Patrick McCool, Election Judge Sonya Murray, Election Judge Mariel Resch, Election Judge Lino Lakes P -2 Centennial Fire Station #2, 7741 Lake Dr., Lino Lakes, MN 55014 Shannon Jones, Head Judge Lisa MacNeil, Head Judge Amy Barron, Election Judge John Klemaseski, Election Judge Mary Ellen Mattice, Election Judge John Nordlund, Election Judge Lisa Taran - Maddy, Election Judge Holly Thomas, Election Judge Lester Trombley, Election Judge Lino Lakes P -3 • Eileen Couture, Head Judge Sally Kuether, Head Judge Rebecca Bilder, Election Judge Bernard Fischbach, Election Judge Ruth Howard, Election Judge Alan Jones, Election Judge Leanne Petyo, Election Judge Marie Waldhauser, Election Judge Lino Lakes P -4 Diane Bergeson, Head Judge Sharon O'Toole, Head Judge Carol Blomberg, Election Judge Margo Fischbach, Election Judge Anthony Laska, Election Judge Kathryn McCool, Election Judge David Metzger, Election Judge Randy Noren, Election Judge Jay Peterson, Election Judge Lino Lakes P -5 Pamela Jacobson, Head Judge Kay Jakubowski, Head Judge Anthony Fanone, Election Judge Norma Haglund, Election Judge Roger Nelson, Election Judge Lino Lakes P -6 Sara Hesseltine, Head Judge Betty Utecht, Head Judge • St. Joseph's Catholic Church, 171 Elm ST, Lino Lakes, MN 55014 Civic Complex, 600 Town Center PKWY, Lino Lakes, MN 55014 Rice Creek Covenant Church, 125 Ash ST, Lino Lakes, MN 55126 Living Waters Lutheran Church, 865 Birch ST, Lino Lakes, MN 55014 Printed: 10/3/2011 2:47 PM Page 1 of 2 P34 Judge Board Report, 2011 Local Fall Carol Berg, Election Judge Tim Burlowski, Election Judge Patricia Fanone, Election Judge Linda Jensen, Election Judge Sharyn Kusterman, Election Judge Dick Mesenburg, Election Judge Jean Miers, Election Judge Lyndell Moberg, Election Judge Lino Lakes P -7 Colleen Borys, Head Judge Sally Nelson, Head Judge Kimberli Johnson, Election Judge Josephine Krominga, Election Judge Karen Lake, Election Judge Tammy Lincoln, Election Judge Stephen Minar, Election Judge Denise Skorczewski, Election Judge Rice Lake Elementary School, 575 Birch ST, Lino Lakes, MN 55014 Printed: 10/3/2011 2:47 PM Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • CLOSED COUNCIL SESSION September 26, 2011 APPROVED DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES CLOSED COUNCIL SESSION : September 26, 2011 . 7:15 p.m. . 8:45 p.m. : Council Members Rafferty, Roeser, Gallup, O'Donnell and Mayor Reinert : none Staff present: City Administrator Jeff Karlson; Director of Public Safety John Swenson Mayor Reinert announced that the work session would be closed at 7:15 p.m. in the Council Work Room at Lino Lakes City Hall. The meeting was convened as a closed session of the city council pursuant to the Open Meeting Law for the express purpose of discussing labor negotiations. The meeting was not recorded due to complications with the recording equipment. The meeting was adjourned at 8:45 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on October 10, 2011. Julianne Bartell, City Clerk Jeff Reinert, Mayor 1 P35 • P. 31 a- AGENDA ITEM 1H STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: October 10, 2011 TOPIC: Approve Application for Aquinas Roman Catholic Home Education Services to Conduct Excluded Bingo Event VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The City has received an application from the Aquinas Roman Catholic Home Education Services organization to conduct an excluded bingo event at St. Joseph's Church, 161 Elm Street, on October 22, 2011 and February 18, 2012. Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly conducts its activities is located within the city (St. Joseph's Church). City policy requires a background investigation on the applicant and staff has conducted an investigation and found no reason to deny the application. The application, a certificate of non - profit status from the Internal Revenue Service and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • • P36 AGENDA ITEM 4A STAFF ORIGINATOR: John E. Swenson, Chief of Police COUNCIL MEETING DATE: October 10, 2011 TOPIC: Animal Control Ordinance Second Reading of Ordinance 19 -11, Amending Chapter 503 of the Lino Lakes Code of Ordinances regarding Animal Control ii. Consider Resolution No. 11 -101, summarizing Ordinance No. 19 -11 for publication purposes. BACKGROUND: Approximately one year ago, the City initiated an enforcement action under the Animal Control Ordinance. That process provided an opportunity to review how the Ordinance works in a specific situation. After working through that process and then evaluating the Ordinance in light of State law and the ordinances of other municipalities, City staff and the City Attorney have drafted a number of modifications. These changes are intended to streamline the enforcement process while at the same time continue to promote fairness and due process for all parties involved. ANALYSIS The proposed ordinance will no longer use the term "potentially dangerous animal;" either the dog at issue is dangerous, as defined in the ordinance, or it is not. This change will remove any questions with respect to access to an appeal process when a dog is declared potentially dangerous. The proposed ordinance also calls for the appointment of a Hearing Officer for all appeals under Chapter 503. The Hearing Officer is appointed by City Council and charged with all duties related to the appeals process. Utilizing a Hearing Officer will relieve the Council of having to undertake evidentiary hearings and prevent scheduling conflicts with the Council's meeting dates and agendas. If an appeal is filed there is language requiring that all costs associated with the appeal process be covered by the party filing the appeal. The Council approved first reading of this ordinance on September 26, 2011 RECOMMENDATION: Staff recommends approval of the Second Reading and adoption of Ordinance No. 19 -11, Amending Chapter 503 of the Lino Lakes Code of Ordinances. ii. Staff recommends approval of Resolution No. 11 -101, summarizing Ordinance No. 19 -11 for publication purposes. P37 ATTACHMENTS 1. Ordinance No. 19 -11 2. Resolution No. 11 -101 • • • • • 1St Reading: Publication: 2"d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 19 -11 AMENDING TITLE 500, CHAPTER 503 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO ANIMAL CONTROL REGULATIONS. The City Council of Lino Lakes ordains: Section 1. That the index for Chapter 503 be amended to read as follows: 503.01 Definitions 503.02 Enforcement 503.03 Right of entry 503.04 Impounding animals 503.05 Impounding strays 503.06 Impounding facility 503.07 Redeeming impounded animals 503.08 Disposition of impounded animals 503.09 License and vaccination requirements 503.10 Kennel licenses: private and commercial 503.11 Health and maintenance standards 503.12 Prohibitions 503.13 Confinement in motor vehicle 503.14 Rabies; animal bites 503.15 Dangerous and potentially dangerous animals Attack by an animal 503.16 Dangerous animals requirements 503.17 Appeal process Forfeiture of ownership rights 503.18 Farm Animals Notification of new address 503.19 Wild Animals Dangerous animal requirements 503.20 Penalty Forfeiture of ownership rights 503.21 Exemptions Farm animals 503.22 Wild animals 503.23 Penalty 503.24 Exemptions P38 P39 Section 2. That Section 503.01 of the above - entitled ordinance be amended to read as follows: 503.01 DEFINITIONS. A DANGEROUS ANIMAL is an animal that has: 1. Without provocation, caused bodily injury or disfigurement to any person on public or private property; 2. Without provocation, engaged in any attack on any person under circumstances which would indicate danger to personal safety; 3. Exhibited unusually aggressive behavior, such as an attack on another animal; or 4. Bitten one or more persons on two or more occasions. HEARING OFFICER. The person designated by the City Council to hear appeals brought pursuant to this Chapter 503. PROPER ENCLOSURE. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio or any part of a house, garage or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: 1. Have a minimum overall floor size of 32 square feet; 2. Sidewalls shall have a minimum height of five feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one - quarter inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground; 3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall have no openings in the wire greater than two inches; and 4. An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. UNPROVOKED. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption • • • • that any attack on a child 14 years of age or younger shall be considered to be unprovoked unless the child is engaged in an act that could reasonably be anticipated to cause an animal to attack or bite. Section 3. That Section 503.12, Subdivision 8, of the above - entitled ordinance be amended to read as follows: 503.12 PROHIBITIONS. (8) An owner of an animal must not fail to restrain the animal from inflicting or attempting to inflict bodily injury on a person at any place or on a domestic animal off the owner's property, dangerous animal. Section 4. That Section 503.15, of the above - entitled ordinance be amended to read as follows • 503.15 BY AN ANIMAL. ATTACK { 1) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. authority to ord established by this chapter. (3) Dcf nitions. (a) A DANGEROUS ANIMAL is an animal which has: 1. Caused bodily injury or disfigurement to any person on public or private property; to personal safety; 3. Exhibited unusually aggressive behavior, such as an attack on another animal; • -- domestic animals. P40 P41 (b) A POTENTIALLY DANGEROUSANIBIAL is an animal which has: 1. Bitten a human or a domestic animal on public or private property; 2. When unprovoked, chased or approached public property in an apparent attitude of attack; or of humans or domestic animals. animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without all meet the following minimum specifications: 1. Have a minimum overall floor size of 32 square feet; heavier wire. Openings in the wire shall not exceed two inchcs, support posts shall be one concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in greater than two inches; and shall be equipped with a device capable of being locked and shall be locked at all time when the animal is in the pen or kennel. (d) UNPROVOKED. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. erous animal. The animal control officer shall of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. • • • • Section 5. That Section 503.16, of the above - entitled ordinance be amended to read as follows: 503.16 DANGEROUS ANIMALS. {5) (1) Evidence justifying dDesignation as dangerous animal. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: that the animal meets any of the criteria set forth in the definition of dangerous animal in Section 503.01. person or domestic animal as stated in division (3)(a) above; or (b) The animal has been declared potentially dangerous and the animal has then bitten, attached or threatened the safety of a person or domestic animal as stated in division (3)(a) above. (6) Authority to order destruction. The animal control officer, upon finding that an following findings of fact: animal in order to prevent injury to persons or other animals. (- (2) Procedure. The animal control officer, after having determined that an animal is dangerous, may shall proceed in the following manner_ (a) Order the animal seized and kept at an animal control facility at owner's expense. The owner shall immediately make the animal available for seizure, and failure to do so shall be a misdemeanor. (b) The animal control officer shall then determine whether to 1. Order the animal destroyed, or 2. Impose the conditions set forth in Section 503.20. If conditions are imposed in lieu of destruction, the animal shall remain confined at an animal control facility until the owner demonstrates to the animal control officer that all conditions have been fulfilled except that set forth in Section 503.20 (1) (d). P42 P43 (ac) The animal control officer shall cause one owner of the animal to be notified in writing or in person that the animal is has been determined to be dangerous and that the animal is to be destroyed or that the owner must comply with the conditions set forth in Section 503.20. - . _ ••., .. •• .. .. - - • . -- _ :.. . IL.' -. The owner shall be notified as to dates, times, places and parties bitten that form the basis for the determination and shall be given 14 days to appeal this order the determination by requesting a hearing before the City Council hearing officer for a review of this the determination. i. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. ii. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Councilhearing officer, which who shall set a date for hearing not more than three weeks after demand for the hearing. Pending the hearing, the animal shall remain at an animal control facility. A fee, as established by the City Council, shall be posted by the owner to cover the administrative costs of scheduling the hearing.' iii. The records of the animal control or the City Clerk's offiec shall be admissible for consideration by the animal control hearing officer without further foundation. iiiiv. After considering all evidence the City Council hearing officer shall make an order as it deem prope .ejecting, upholding or amending the determination. The order must be issued within 10 days of the hearing and shall be delivered to the owner in person or by registered mail. If the declaration that the animal is dangerous is upheld by the hearing officer, the actual expense of the hearing, including attorney's fees, up to a maximum of $1,000 will be the responsibility of the animal's owner. The City Council may order that the animal control officer take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer. (3) Harboring a dangerous animal. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. (84J Stopping an attack If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. • • Section 6. That Section 503.17, of the above - entitled ordinance be amended to read as follows: 503.17 APPEAL PROCESS. An order by a hearing officer may be appealed by writ of certiorari to the Court of Appeals. Section 7. That Section 503.18, of the above - entitled ordinance be amended to read as follows: 503.18 NOTIFICATION OF NEW ADDRESS (9) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address and the name of the new owner, if any. Section 8. That Section 503.19, of the above - entitled ordinance be amended to read as follows: 411 503.19 DANGEROUS ANIMAL REQUIREMENTS • (1) Requirements. If the City Council hearing officer does not order the destruction of an animal that has been declared dangerous, the City Council hearing officer may, as an alternative, order any or all of the following: (a) The owner provide and maintain a proper enclosure for the dangerous animal as specifieddefined in § 503.15503.01(3)(c); (b) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property, as specified in M.S. § 347.51, as it may be amended from time to time; (c) Provide and show proof annually of public liability insurance in the minimum amount of $300,000. The owner shall have 15 business days from the date of the request to show proof of insurance, except that if the animal is impounded, proof of insurance must be demonstrated prior to the animal's release. (d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of the design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; P44 P45 (e) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it may be amended from time to time; and Anoka County within 11 days after the date the animal was so deemed and provide (gf) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. does not meet each of the above requirements within 11 days after the date notice is sent (42) Failure to Comply with Conditions. (a) If an owner of an animal that has been declared dangerous fails to comply with any conditions, the animal must be seized. Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before the hearing officer to determine whether conditions were violated. A request for hearing must be made within 14 days of the seizure, and a fee, as established by the City Council, shall be posted by the owner to cover administrative costs. (b) If the owner fails to request a hearing within 14 days, the animal control officer may order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining and destroying the animal. (c) If a hearing is requested, the hearing shall be held before a hearing officer not more than three weeks after demand for a hearing was received. The records of animal control and the City shall be admissible for consideration by the hearing officer without further foundation. After considering all evidence, the hearing officer shall issue a decision within 10 days of the hearing and the order shall be delivered to the owner in person or by registered mail. i. If the owner is found to have violated the conditions, the hearing offier may order the animal destroyed in a property and humane manner and the owner shall pay the • • costs of confining and destroying the animal. In addition, the owner shall pay the costs of the hearing, if any, including attorney's fees, up to a maximum of $1,000. ii. If the owner is found not to have violated the conditions, the owner may reclaim the animal after paying the costs of confining the animal. An animal not reclaimed within 14 days of the owner's receipt of the decision may be destroyed and the owner shall pay all costs of confinement. for which the animal was seized, the animal control of • • Section 9. That Section 503.20, of the above - entitled ordinance be amended to read as follows: • 503.20 FORFEITURE OF OWNERSHIP RIGHTS (1) (a) The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: 1. A public nuisance animal; 2. A wild animal; and 3. A maltreated animal. (b) In addition, the ownership rights of other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control the animal in order to prevent it from becoming a public nuisance animal or a maltreated animal. (2) Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. • P46 P47 (3) The owner shall be given 14 days from the date of the notice to appeal the forfeiture decision by requesting a hearing before City Council hearing officer for a review of this determination. (a) If no appeal is filed, the forfeiture decision will stand. (b) If an owner requests a hearing for determination as to the forfeiture of his or her ownership rights, the hearing shall be held before the City Council hearing officer, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the animal control or City Clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence, the City Council hearing officer shall make an order as-it he or she deems proper. (4) If the animal is deemed forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. (5) Authorized city personnel will determine on a case by case basis whether forfeited animals may be destroyed or given to new owners who will adequately care for and control the animal. Section 10. That Section 503.21, 503.22, 503.23 and 503.24 be renumbered as follows: 503.4 -821 FARM ANIMALS 503.1122 WILD ANIMALS 503.2923 PENALTY 503.224 EXEMPTIONS Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2011. 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. • P48 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -101 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 19 -11 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 19 -11, amending Chapter 503 of the Lino Lakes Code of Ordinances relating to Animal Control; and WHEREAS, Ordinance No. 19 -11 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 10th day of October 2011. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 111 Whereupon said resolution was declared duly passed and adopted. P49 ATTACHMENT A, RESOLUTION 11 -101 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 19 -11 AN ORDINANCE AMENDING CHAPTER 503 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO ANIMAL CONTROL The purpose of amending sections within this Chapter is to streamline the animal control enforcement process while at the same time continuing to promote fairness and due process for all parties involved. Section 2. Section 503.01, updates and adds definition of the following terms: dangerous animal, hearing officer, proper enclosure, and unprovoked. Section 3. Section 503.12 regarding Prohibitions, removes language referring to potentially dangerous animals. Section 4. Section 503.15, changes the name of the section from "Dangerous and Potentially Dangerous Animals" to "Attack by an Animal ", and removes certain definitions. Section 5, Section 503.16, updates section regarding Dangerous Animals to reflect new procedures and establishment of a hearing officer process. Section 6. Section 503.17, clarifies appeal process for orders of hearing officer. Section 7. Section 503.18, clarifies notification process for new address. Section 8, Section 503.19, establishes new dangerous animal requirements. Section 9, Section 503.20, designates hearing officer for forfeiture of ownership rights process. Passed by the Lino Lakes City Council on October 10th, 2011. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • • P50 AGENDA ITEM 4B STAFF ORIGINATOR: John E. Swenson, Chief of Police COUNCIL MEETING DATE: October 10, 2011 TOPIC: Unclaimed Property Ordinance Second Reading of Ordinance 20 -11, Amending Chapter 213.07 of the Lino Lakes Code of Ordinances regarding Unclaimed Property ii. Consider Resolution No. 11 -102, summarizing Ordinance No. 20 -11 for publication purposes. BACKGROUND: The City sells property /equipment which is no longer needed for City use, is not claimed, or is forfeited through legal proceedings. The current ordinance (213.07 Disposal) only affords the City the ability to sell property through public auction. This current practice does not allow the City to leverage technology to maximize revenues for the City. Furthermore, the requirement of a public auction creates a stockpile of property at the City's public works facility which has generated complaints from neighbors. ANALYSIS If these changes are adopted the City will benefit in the following areas: 1. Increased revenue from the sale of the property. Currently we sell city property at an auction with multiple government entities; therefore there is a surplus of like equipment being sold on the same day in a fixed time frame. This creates a saturated market which drives the price paid for items down, which decreases the revenue to the City. Other cities have experienced an increase in revenues by making these types of proposed changes. 2. The current auction schedule is two per year. This creates storage /crowding issues at the Public Works facility. If the proposed changes are adopted property can be sold as soon as it becomes available. This would relieve some of the storage problems currently experienced at the Public Works facility. 3. The proposed change would also give the City options in the manner in which the public is notified of the sale of public property. Currently, all notification must be published in the newspaper. This requirement creates an expense to the City and limits the scope of the notification. If the proposed changes are adopted, the City would have other notification options available, such as use of the City's website as its avenue to notify the public. P51 The proposed changes have been reviewed and approved by City Attorney Joe Langel for legal compliance The Council approved first reading of this ordinance on September 26, 2011. RECOMMENDATION: i. Staff recommends approval of the Second Reading and adoption of Ordinance No. 20 -11, Amending Chapter 213.07 of the Lino Lakes Code of Ordinances regarding Unclaimed Property ii. Staff recommends approval of Resolution No. 11 -102, summarizing Ordinance No. 20 -11 for publication purposes. ATTACHMENTS 1. Chapter 213.07 • • • • • • 1' Reading: Publication: 2 °d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 20-11 AMENDING CHAPTER 213 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO UNCLAIMED PROPERTY. The City Council of Lino Lakes ordains: Section 1. That Section 213, Subdivision 7, of the above - entitled ordinance be amended to read as follows: 213.01 UNCLAIMED PROPERTY DEFINED. UNCLAIMED PROPERTY means any money or personal property, except animals and motor vehicles, lawfully coming into the possession of the city and remaining unclaimed by the owner. 213.02 PROCEDURE. (1) General. The Chief of Police shall make a reasonable and diligent effort to find the owner of any unclaimed property and restore the same to him or her. (2) Motor vehicles. Abandoned motor vehicles shall be disposed of as provided by M.S. Ch. 168B, as it may be amended from time to time. 213.03 FOUND PROPERTY. A receipt shall be issued to any person who finds lost or abandoned property or money and delivers it to the custody of the city. The person may indicate in writing that he or she wished to assert a claim to the property or money as a finder. If the finder so indicates, and the property or money remains unclaimed by the owner for 60 days, the property or money shall be delivered to the finders. 213.04 PERISHABLE OR DANGEROUS PROPERTY. Any unclaimed property which is perishable, or which would lose the greater part of its value by being retained for 60 days, or which is determined by the Chief of Police to be dangerous shall be disposed of at the discretion of the Chief of Police in the manner deemed appropriate by him or her. P52 P53 213.05 MONEY. Any money which is not claimed by the owner within 60 days or by a finder pursuant to § 213.03, or which was seized from illegal gambling, shall be deposited in the city's general fund. 213.06 PROPERTY SEIZED AS EVIDENCE. Any property seized as evidence shall, when no longer needed as evidence, be returned to the owner, unless otherwise subject to lawful detention. The property which is otherwise subject to lawful detention shall be destroyed or otherwise disposed of as directed by the court. 213.07 DISPOSAL. (1) City use. Any unclaimed property for which no other manner of disposal is provided by §§ 213.01 through 213.06 and which is not claimed by the owner within 60 days may be appropriated to city use upon approval of the appropriation by the Council. (2) Sale. Any property described in division (1) which is not appropriated to city use shall be sold . - - . :. - ' .. = - in a manner that provides access for the public., following at least one published proper notice not less than two one week prior to the auction sale. The notice shall contain the following information: (a) The date, time and place- location or electronic medium of the sale; (b) The general description of the property to be sold; (c) Whether or not the property will be sold piecemeal or otherwise; (d) The terms of payment; and (e ) (d) manner in which the sale shall be conducted. (3) Proceeds. The proceeds of any sale shall be placed in the general fund of the city, or in any other fund of the city as the City Council may, from time to time, designate by resolution. The former owner of any property so sold may claim the sale price of the sale of the former property within six months from the date of the sale from the fund; provided, however, that the former owner shall only be entitled to the sale price upon proof of the former ownership and less reasonable expenses incurred in the storage, care, keeping and sale of the property. (4) Unsold property. Any unclaimed property remaining unsold after public auction the attempted sale shall be disposed of as directed by the Council. • • Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2011. 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. • • P54 P55 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -102 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 20 -11 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 20 -11, Amending Chapter 213.07 of the Lino Lakes Code of Ordinances regarding Unclaimed Property; and WHEREAS, Ordinance No. 20 -11 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall; NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 10th day of October 2011. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • ATTACHMENT A, RESOLUTION 11 -102 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 20 -11 AN ORDINANCE AMENDING CHAPTER 213.07 OF THE LINO LAKES CODE OF ORDINANCES REGARDING UNCLAIMED PROPERTY The purpose of amending Section 213.07 within this Chapter is to allow the disposal of unclaimed property in a manner that provides access to the public with a proper notice but allows the use of an electronic medium and does not limit sales to public auctions held twice a year. The change will allow for quicker sale of property thus reducing storage requirements and associated issues. Passed by the Lino Lakes City Council on October 10th, 2011. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. P56 • • AGENDA ITEM 4C STAFF ORIGINATOR: John Swenson, Chief of Police COUNCIL MEETING DATE: October 10, 2011 TOPIC: Resolution 11 -103, Authorizing the assignment of one LLPD Officer to the Drug Enforcement Agency (DEA) Task Force ACTION REQUIRED: Simple Majority The United States Drug Enforcement Administration has invited the Lino Lakes Police Department (LLPD) to join the DEA Task Force and assign one of our current officers to that unit. This move is expected to assist with the enforcement of illicit drug traffic, reduce related crime and violence, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, conduct undercover operations, and engage in other traditional methods of investigation that will result in effective prosecution before the courts of the United States and the State of Minnesota. The DEA has provided a written agreement to accomplish this membership and officer reassignment, and staff is recommending City participation in this agreement. Staff is proposing the assignment of an experienced Lino Lakes Police Officer to the DEA Minneapolis -St. Paul District Office Task Force for a three year term. The officer will always be a member of the Lino Lakes Police Department and will be available to us when needed, but will be working under the daily supervision and control of DEA supervision and adhere to the DEA policies and procedures. This officer will serve as a liaison to the Anoka - Hennepin Drug Task Force and will leverage the resources of the DTF task force to address issues within the City of Lino Lakes and Anoka County. During the period of assignment to the DEA, the police department will remain responsible for the salary and benefits of the officer assigned. The DEA has agreed to reimburse the City of Lino Lake $17,202.25 annually for overtime expenses in addition to any forfeiture money attained by the officer while assigned to the DEA Unit. The twelve current metro area police departments involved with the DEA Task Force averaged $111,140 in forfeiture funds in 2010. These forfeiture funds may be used by the police department to purchase equipment for law enforcement purposes or offset expenses related to personnel expenditures to maintain proper police department staffing. It should be noted there is no guarantee that forfeiture funds will meet the above averages; in fact, staff expects the first year of the police department's participation will result in lower forfeiture revenues. This stems from the training period the officer will be involved in and their lack of involvement in cases currently underway. P56 P57 The main focus of the police department's participation in the DEA Task Force is to curb the flow of illegal narcotics; this focus coupled with professional investigative work will produce forfeiture funds. The term of this written agreement is from October 1, 2011 to September 30, 2012. The agreement may be terminated on thirty days written notice. The agreement is renewable on an annual basis, and the Police Department anticipates a three year membership in the DTF task force. RECOMMENDATION: Staff recommends approval of Resolution 11- 103 authorizing the reassignment of one police officer to the Drug Enforcement Administration Task Force. ATTACHMENTS 1. Resolution 11 -103 2. Drug Enforcement Administration - Agreement • • • • Council Member introduced the following resolution and moved its adoption: P58 CITY OF LINO LAKES RESOLUTION NO. 11 -103 Approval for the assigning of a police officer to the United States Drug Enforcement Agency Task Force WHEREAS, The United States Drug Enforcement Agency (DEA) was established to disrupt the illicit drug traffic, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and apprehend and prosecute those individuals engaged in the sale, distribution and trafficking of narcotics; and WHEREAS, Participation in the DEA Task Force will benefit the Lino Lakes Police Department by providing experience and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing, and apprehending offenders committing crime affecting Lino Lakes and Anoka County; and WHEREAS, Assigning an officer to the DEA Task Force is reflective of the Lino Lakes Police Department's philosophy of proactive policing to prevent future crime from taking place. Defining, identifying and responding to the issue of narcotics and associated crime before it becomes a problem will assist us in our mission of providing a safe community for the residents in a changing and growing community. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby approve assigning a police officer to the DEA Task Force. Jeff Reinert, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P59 DRUG ENFORCEMENT ADMINISTRATION STATE AND LOCAL TASK FORCE AGREEMENT MINNEAPOLIS -ST. PAUL DISTRICT OFFICE CHICAGO FIELD DIVISION Lino Lakes Police Department This agreement is made this 30th day of September, 2011, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Lino Lakes Police Department (hereinafter "Department "). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the DEA Minneapolis -St. Paul District Office's area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Minnesota and Wisconsin, the parties hereto agree to the following: 1. The DEA Minneapolis -St. Paul District Office Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Minnesota and western Wisconsin area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the States of Minnesota and Wisconsin. 2. To accomplish the objectives of the DEA Minneapolis -St. Paul District Office Task Force, the Department agrees to detail one (1) experienced officer to the DEA Minneapolis -St. Paul District Office Task Force for a period of not less than two years. During this period of assignment, the officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The Department's officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The Department's officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. • • 5. To accomplish the objectives of the DEA Minneapolis -St. Paul District Office Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and Department officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Minneapolis -St. Paul District Office Task Force, the Department will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the Department for overtime payments made by it to the officer assigned to the DEA Minneapolis -St. Paul District Office Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, (RUS) Federal employee (currently $17,202.25), per officer. 7. In no event will the Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The Department shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The Department shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The Department shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The Department shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The Department agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The Department acknowledges that this agreement will not take effect and no Federal (Q1 funds will be awarded to the Department by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the Department shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2012. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the Department during the term of this agreement. For the Drug Enforcement Administration: Name: John J. Riley Title: Special Agent in Charge Chicago Field Division For the Lino Lakes Police Department: Name: John Swenson Title: Chief of Police Date: Date: • • • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6Ai Paul Bengtson October 10, 2011 Consider Resolution Number 11 -95 Conditional Use Permit Amendment Motor Fuel Station, 7997 Lake Drive The site at the southwest corner of Lake Drive and Main Street had gas pumps for many years. The canopy, pumps, and underground storage tanks were removed in 2009 and the convenience store space has been vacant since then. The property owner wants to install a new canopy with gas pumps and fuel tanks. The location of the canopy and pumps on the site will differ from the previously approved layout. This requires amending the existing motor fuel station conditional use permit. An amendment to an existing conditional use permit requires the same process as a new one. The installation of a new canopy, fuel pumps, and underground storage tanks will require excavation and repaving of the site, including an increase in impervious area. The Lake Drive access driveway will be moved south and align with the bank driveway on the other side of Lake Drive. There will be no structural changes to the existing building. ANALYSIS History The site has had motor fuel pumps for decades. A building permit for fuel pumps and storage tanks was issued in 1978. The 1971 zoning ordinance lists motor fuel station as a permitted use. The 1982 zoning ordinance lists motor fuel station as a conditional use. Existing uses were considered to have a conditional use permit (CUP) that allowed them to continue as they were at the time. Structural alteration, enlargement, intensification of use required an amendment to the CUP. This was observed when an application in 1999 to increase the number of fuel pumps and enlarge the canopy was processed as an amendment to a CUP. (The application was withdrawn.) In fact, this same approach remains and is required by our current zoning ordinance. We are considering the current application as an amendment to a CUP. P62 P63 Lake Main Motor Fuel CUP Page 2 Land Use and Zoning Location Existing Use Guided Land Use Existing Zoning 20,000 sf 55,600 sf 2002 Comp Plan 2030 Comp Plan 200 +' Site retail & restaurant Commercial Commercial General Business North bar /restaurant Commercial Commercial General Business South office Commercial Commercial General Business East vacant Commercial Mixed Use General Business West residential Low Density Sewered Res. Low Density Residential Single Family Residential A motor fuel station requires a CUP in a General Business zoning district. This application might have been considered a new CUP, since the pumps have been gone for a while. However, the process and review issues are similar, so the technical distinction is not a concern. Either way, we should establish and document what is acceptable for the motor fuel use on the site. This provides a good public record that benefits both the public and the property owner. The site compares with the General Business zone standards as shown below. Required Site Lot size minimum 20,000 sf 55,600 sf Lot width minimum 100' 200 +' Setbacks: - building from arterial street rear lot line side lot line residential district - parking from street rear lot line side lot line * CUP: motor fuel canopy setback from front or side lot line principal accessory 40' * 30' 5' 10' 10' 35' 15' 10' 10' 30' principal accessory 67' 40' 39' 145' 60' 110' 39' 15' 39' 10' 46' front 40' side Building height motor fuel canopy height 45' maximum 18' 18' 18' Impervious surface 75% maximum 68% • Intersection Signalization and Right Of Way • • Lake Main Motor Fuel CUP Page 3 Lino Lakes held a referendum in 2010 on signalizing two intersections, including Lake Drive and Main Street. The referendum passed and plans are being prepared. Based on preliminary analyses there may be minimal effect on this site. It is possible that some additional right of way will be required along Main Street, perhaps five feet, but it isn't clear that will be needed. Conditional Use Permit The new canopy, pumps, signage, site layout, and other elements are discussed below under the respective CUP conditions. There are general criteria for all CUPs and specific conditions that apply to motor fuel stations. General CUP Criteria: Section 2, Subd. 2.B.7. of the zoning ordinance lists the general criteria that apply to all CUPs. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. • The site is guided and zoned for commercial uses. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for commercial uses, but we must be aware that it abuts a residential area on the west. With adherence to the recommended conditions of approval, the application complies with code requirements and is compatible with other land uses. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The site is guided and zoned for commercial uses. With adherence to the recommended conditions of approval, the application will conform to performance standards. City code requirements and policies apply and will be enforced. d. Traffic generated by a proposed development application is within the capabilities of the City when (specific levels of service listed in the ordinance are met): • The site operated as a motor fuel station for several decades without traffic generation problems. The new pumps will not change traffic generation. The Lake Drive /Main Street intersection will be improved and the intersection will be signalized in year 2012. The proposed motor fuel use will not interfere with those plans. Access is always an important P64 P65 Lake Main Motor Fuel CUP Page 4 issue. The site's driveway on Lake Drive is being moved to the south to align with the bank driveway. This benefits public safety by reducing conflicts with traffic from Main Street turning right onto Lake Drive and the conflicts created by offset driveways. e. The proposed development shall be served with adequate and safe water supply. f. The proposed development shall be served with an adequate and safe sanitary sewer system. g. • The site is connected to municipal water and sanitary sewer. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • Improvements are planned for the Lake Drive /Main Street intersection following the November 2010 referendum to provide funding for the improvements. The proposed motor fuel use did not create the need for those improvements and will not interfere with those plans. h. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • The site operated as a motor fuel station for several decades. Lighting and noise has been considered, including hours of operation. (See canopy discussions below.) i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • No such features exist on or near the site. Motor Fuel CUP Conditions: Section 7, Subd. 3.H. of the zoning ordinance lists the conditional uses in the General Business zone. Specific conditions for a motor fuel station follow, along with discussion of how the project application compares to them 7. Motor fuel stations provided that: a. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. • Three underground fuel tanks will be installed as well as the pump islands. The shape and location of the site poses some circulation challenges. A previous plan was unworkable but the new plan is much better. Customer Lake Main Motor Fuel CUP Page 5 • vehicles can circulate well. The truck turning radii submitted on August 30 shows adequate truck circulation for the Lake Drive access driveway b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. 2) The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.8 of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. 6) Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. • Section 3, Subd. 4.B establishes architectural standards for commercial buildings, including building materials and colors. The same standards are reiterated in the motor fuel station requirements, listed above. The existing green metal of the Mansard roof on the principal building will be changed to yellow to match the new canopy. No other exterior alterations are proposed for the building. The canopy complies with the requirements. c. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: 1) The edge of the canopy shall be thirty (30) feet or more from the front and /or side lot line, provided that adequate visibility both on -site and off -site is maintained. 2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi - trailer truck passing underneath. 3) The canopy fascia shall not exceed three (3) feet in vertical height. • The application meets these requirements. 4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. • The submitted photometric plan shows that canopy illumination, including the recessed canopy light model, BetaLED CAN - 304- PS -RS, complies with the requirements. P66 P67 Lake Main Motor Fuel CUP Page 6 The City should consider potential impacts of the bright lighting below a canopy and the proximity to residential properties. Submitted information states that the store business hours will be 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps will operate but canopy lighting will be reduced to a night level which will be about 10% of illumination. This will provide enough light to dispense fuel. (Note: A compact disc with electronic copies of the submittals includes a different lighting fixture: A Lithonia KACM surface mount model. It is not clear what this is intended for, but a surface mounted fixture is not acceptable.) 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. • We received a new elevation for a canopy. The canopy material is yellow metal. The supporting columns will be stucco with brick bases. The color and the brick will be consistent with the principal building. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right -of -way. • There currently is no signage on the convenience store part of the building because the store space has been vacant. Canopy signage must be included in the total amount of wall signage allowed. The canopy design includes only a logo of approximately 6 sf on each face. Future signage will be reviewed through sign permits. 7) Canopy posts /sign posts shall not obstruct traffic or the safe operation of the gas pumps. • The canopy posts are not problems, the canopy location overall is an issue. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty -four (24) feet. • The pump islands are properly elevated and set back both from each other and from property lines. e. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil /grit separator. Minimum design standards for the oil /grit separator shall include the following: • • • Lake Main Motor Fuel CUP Page 7 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four (4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenance /inspection of two (2) times per year and /or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. • The submitted plans include an oil /grit separator. Plans received on September 1 include a trench drain that directs runoff to the separator. • The plan includes an infiltration basin. The site currently drains directly into the road ditches. With the increase in impervious surface, it's a good idea to infiltrate some runoff. As with any new stormwater facility, the City requires an agreement that the basin be maintained. • No Rice Creek Watershed permit is required for this project. f. Landscaping. g. 1) At least twenty -five (25) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. 2) At the boundaries of the lot, the following landscape area shall be required: a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4. Q of this Ordinance. b) From all road rights -of -way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4. Q of this Ordinance. c) Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with Section 3, Subd. 4. Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. • The building has existed and functioned for several decades. However, additional landscaping is appropriate with a new application and a landscape plan has been submitted. The City Forester has reviewed the plan. The mix of plantings for the infiltration basin must be specified and a five -year maintenance plan must be submitted for the native plantings. Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right - of -way and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: 1) Canopy Lighting. Canopy lighting shall only be permitted under the canopy structure, and shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. P68 P69 Lake Main Motor Fuel CUP Page 8 Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. 2) Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. 3) Illumination. Maximum site illumination shall not exceed four - tenths (.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. • The submitted photometric plan shows that canopy illumination and the rest of the site comply with these requirements. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. h. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi - trailer truck. Designated loading areas must be exclusive of off - street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. • Truck circulation is vital to safe and efficient movement on the site. The truck turning radii submitted on August 30 shows adequate circulation for the Lake Drive access driveway. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). • The zoning ordinance lists the minimum number of parking stalls for different uses. The ordinance does have a separate parking requirement for motor fuel stations but the convenience store must be calculated as retail, which is a higher requirement. Either way, "parking at fuel pumps shall not be allowed to satisfy the parking requirements." The table shows the calculations. 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4. Q of this Ordinance. Zoning Ordinance Parking Requirement Require d Stalls convenience 1 stall per 200 sf using floor plan 2458 sf 12 store liquor 1 stall per 200 sf using 90% of footprint 1179 sf 6 restaurant 10 stalls per 1000 sf of dining room 588 sf 6 + 1 stall per employee of max. shift 3 required total 27 provided on site 29 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4. Q of this Ordinance. Lake Main Motor Fuel CUP Page 9 • • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. j. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) Public phones may be located on site as long as they do not interrupt on -site traffic circulation, and are not located in a yard abutting residentially zoned property. 2) Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on -site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3. G. 6 of this Ordinance. • • These are ongoing operation issues that will apply. 1. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. • These are ongoing operation issues that will apply. m. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. Ground Sign A monument sign is planned for the northwest corner of the site, along Lake Drive. It is shown as 7' 10" tall and 8' wide. It will display the Shell logo, fuel prices, and a dynamic display area of approximately 8 square feet. This falls well under the maximum allowable dynamic display sign area of 20 sf. All signs require sign permits. • P70 P71 Lake Main Motor Fuel CUP Page 10 Conditions of Approval All conditional use requirements of Section 2, Subd. 2 of the Zoning Ordinance and for motor fuel stations listed in Section 7, Subd. 3.H.7, shall apply. In addition, the following conditions should be included in the conditional use permit: 1. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 2. Applicant shall submit a complete deed for the easement for the infiltration basin prior to commencing site work. 3. A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. 4. A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 5. The canopy Tight model shall be the recessed CAN - 304 -PS -RS as submitted and shown on the lighting photometric plan. 6. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. 7. The public address system shall be limited to an intercom system and shall not play music or advertising. 8. Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights of way. 9. Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 10. Plantings in the infiltration basin must be specified and a five -year maintenance plan, acceptable to the City and prepared by a qualified firm, must be submitted for the native plantings prior to commencing site work. RECOMMENDATION 1. Adopt Resolution Number 11 -95, Amending the existing conditional use permit for a motor fuel station at 7997 Lake Drive, with the conditions listed. • • • • • Lake Main Motor Fuel CUP Page 11 This report is based on the following information: • Certificate of Survey, rec'd August 22, 2011 • Site Plan, August 22, 2011, rec'd August 22, 2011 • Grading, Drainage & Erosion control Plan, dated and rec'd September 1, 2011 • Utility Plan and Details, dated and rec'd September 1, 2011 • Landscape Plan and Details, rec'd August 22, 2011 • Photometric Plan, June 16, 2011, rec'd August 22, 2011 • Canopy Luminaire Specifications for CAN - 304- PS -RS, rec'd August 22, 2011 • Building, Canopy, and Monument Sign Elevations, August 16, 2011, rec'd August 22, 2011 • Proposed Floor Plan, 2/3/2011, rec'd August 22, 2011 • Turning Movement Exhibit, August 26, 2011, rec'd August 30, 2011 • Supplemental Information Memo, August 22, 2011, rec'd August 22, 2011 • Kleerwater Oil/Water Separator Specifications, rec'd August 22, 2011 • Draft Legal Description for Easement (Infiltration Basin), rec'd August 22, 2011 • E -mail from Rice Creek Watershed District, March 4, 2011, rec'd August 22, 2011 P72 P73 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -95 AMENDING THE EXISTING CONDITIONAL USE PERMIT FOR A MOTOR FUEL STATION AT 7997 LAKE DRIVE TO ALLOW INSTALLATION OF A NEW CANOPY AND PUMPS WHEREAS, the City has received an application for an amendment to an existing Conditional Use Permit for Motor Fuel Station on property currently described to -wit: THAT PRT OF NW1 /4 OF SEC 9 TWP 31 RGE 22 LYG NWLY OF CSAH NO 23, AKA OLD US HWY NO 8, EX THAT PRT THEREOF DESC AS FOL: BEG AT INTER OF W LINE OF SD 1/4 & NWLY RAN LINE OF CSAH NO 23, TH N ALG SD WLINE 329.14 FT, TH N 89 DEG 12 MIN 22 SEC E 173.34 FT TO SD NWLY R/W LINE, TH S 27 DEG 36 MIN W ALG SD NWLY R/W LINE 374.11 FT TO POB, EX RDS, SUBJ TO EASE OF REC ; and WHEREAS, at their meeting on September 14, 2011, the Planning & Zoning Board conducted a public hearing and recommended approval of the amendment to the existing conditional use permit subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed conditional use permit amendment meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit amendment based on the findings in the staff report and subject to the following conditions of approval: WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subdivision 2 of the zoning ordinance includes standards for all conditional use permits. The proposed conditional use permit amendment complies with these standards as follows: • • • • a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. • The site is guided and zoned for commercial uses. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for commercial uses, but we must be aware that it abuts a residential area on the west. With adherence to the recommended conditions of approval, the application complies with code requirements and is compatible with other land uses. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The site is guided and zoned for commercial uses. With adherence to the recommended conditions of approval, the application will conform to performance standards. City code requirements and policies apply and will be enforced. • d. Traffic generated by a proposed development application is within the capabilities of the City when (specific levels of service listed in the ordinance are met): • The site operated as a motor fuel station for several decades without traffic generation problems. The new pumps will not change traffic generation. The Lake Drive /Main Street intersection will be improved and the intersection will be signalized in year 2012. The proposed motor fuel use will not interfere with those plans. Access is always an important issue. The site's driveway on Lake Drive is being moved to the south to align with the bank driveway. This benefits public safety by reducing conflicts with traffic from Main Street turning right onto Lake Drive and the conflicts created by offset driveways. e. The proposed development shall be served with adequate and safe water supply. • The site is connected to municipal water and sanitary sewer. f. The proposed development shall be served with an adequate and safe sanitary sewer system. g. • • The site is connected to municipal water and sanitary sewer. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. P74 P75 • Improvements are planned for the Lake Drive /Main Street intersection following the November 2010 referendum to provide funding for the improvements. The proposed motor fuel use did not create the need for those improvements and will not interfere with those plans. h. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • The site operated as a motor fuel station for several decades. Lighting and noise has been considered, including hours of operation. (See canopy discussions below.) i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • No such features exist on or near the site. Finding 2. Section 7, Subdivisioin 3 of the zoning oridnance includes conditions for Motor Fuel Stations in the General Business zone. The proposed conditional use permit amendment complies with these standards as follows: 7. Motor fuel stations provided that: a. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. • Three underground fuel tanks will be installed as well as the pump islands. The shape and location of the site poses some circulation challenges. A previous plan was unworkable but the new plan is much better. Customer vehicles can circulate well. The truck turning radii submitted on August 30 shows adequate truck circulation for the Lake Drive access driveway b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. 2) The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. • • • • • • 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.8 of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. 6) Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. • Section 3, Subd. 4.B establishes architectural standards for commercial buildings, including building materials and colors. The same standards are reiterated in the motor fuel station requirements, listed above. The existing green metal of the Mansard roof on the principal building will be changed to yellow to match the new canopy. No other exterior alterations are proposed for the building. The canopy complies with the requirements. c. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: 1) The edge of the canopy shall be thirty (30) feet or more from the front and /or side lot line, provided that adequate visibility both on -site and off -site is maintained. 2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi- trailer truck passing underneath. 3) The canopy fascia shall not exceed three (3) feet in vertical height. • The application meets these requirements. 4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. P76 P77 • The submitted photometric plan shows that canopy illumination, including the recessed canopy Tight model, BetaLED CAN - 304- PS -RS, complies with the requirements. The City should consider potential impacts of the bright lighting below a canopy and the proximity to residential properties. Submitted information states that the store business hours will be 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps will operate but canopy lighting will be reduced to a night level which will be about 10% of illumination. This will provide enough Tight to dispense fuel. (Note: A compact disc with electronic copies of the submittals includes a different lighting fixture: A Lithonia KACM surface mount model. It is not clear what this is intended for, but a surface mounted fixture is not acceptable.) 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. • We received a new elevation for a canopy. The canopy material is yellow metal. The supporting columns will be stucco with brick bases. The color and the brick will be consistent with the principal building. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right -of -way. • There currently is no signage on the convenience store part of the building because the store space has been vacant. Canopy signage must be included in the total amount of wall signage allowed. The canopy design includes only a logo of approximately 6 sf on each face. Future signage will be reviewed through sign permits. 7) Canopy posts /sign posts shall not obstruct traffic or the safe operation of the gas pumps. • The canopy posts are not problems, the canopy location overall is an issue. d. Pump islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. • • • • 2) All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty -four (24) feet. • The pump islands are properly elevated and set back both from each other and from property lines. e. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil /grit separator. Minimum design standards for the oil /grit separator shall include the following: 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four (4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenance /inspection of two (2) times per year and /or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. • The submitted plans include an oil /grit separator. Plans received on September 1 include a trench drain that directs runoff to the separator. • The plan includes an infiltration basin. The site currently drains directly into the road ditches. With the increase in impervious surface, it's a good idea to infiltrate some runoff. As with any new stormwater facility, the City requires an agreement that the basin be maintained. • No Rice Creek Watershed permit is required for this project. f. Landscaping. 1) At least twenty -five (25) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. 2) At the boundaries of the lot, the following landscape area shall be required: P78 P79 g. a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4. Q of this Ordinance. b) From all road rights -of -way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4. Q of this Ordinance. c) Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with Section 3, Subd. 4. Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. • The building has existed and functioned for several decades. However, additional landscaping is appropriate with a new application and a landscape plan has been submitted. The City Forester has reviewed the plan. The mix of plantings for the infiltration basin must be specified and a five -year maintenance plan must be submitted for the native plantings. Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of -way and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: 1) Canopy Lighting. Canopy lighting shall only be permitted under the canopy structure, and shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. 2) Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. 3) Illumination. Maximum site illumination shall not exceed four - tenths (.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. • The submitted photometric plan shows that canopy illumination and the rest of the site comply with these requirements. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. • • • • h. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi- trailer truck. Designated loading areas must be exclusive of off - street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. • Truck circulation is vital to safe and efficient movement on the site. The truck turning radii submitted on August 30 shows adequate circulation for the Lake Drive access driveway. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). • The zoning ordinance lists the minimum number of parking stalls for different uses. The ordinance does have a separate parking requirement for motor fuel stations but the convenience store must be calculated as retail, which is a higher requirement. Either way, "parking at fuel pumps shall not be allowed to satisfy the parking requirements." The table shows the calculations. J. 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4. Q of this Ordinance. • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. P80 Zoning Ordinance Parking Requirement Required Stalls convenience 1 stall per 200 sf using floor plan 2458 sf 12 store liquor 1 stall per 200 sf using 90% of footprint 1179 sf 6 restaurant 10 stalls per 1000 sf of dining room 588 sf 6 + 1 stall per employee of max. shift 3 required total 27 provided on site 29 J. 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4. Q of this Ordinance. • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. P80 P81 k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) Public phones may be located on site as long as they do not interrupt on -site traffic circulation, and are not located in a yard abutting residentially zoned property. 2) Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on -site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3. G. 6 of this Ordinance. • These are ongoing operation issues that will apply. 1. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. • These are ongoing operation issues that will apply. m. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a Conditional Use Permit Amendment for the existing Motor Fuel Station subject to the following conditions of approval: Conditions of Approval All conditional use requirements of Section 2, Subd. 2 of the Zoning Ordinance and for motor fuel stations listed in Section 7, Subd. 3.H.7, shall apply. In addition, the following conditions should be included in the conditional use permit: 11. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 12.Applicant shall submit a complete deed for the easement for the infiltration basin prior to commencing site work. • • • • 13.A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. • 14.A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 15. The canopy light model shall be the recessed CAN - 304 -PS -RS as submitted and shown on the lighting photometric plan. 16. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. 17. The public address system shall be limited to an intercom system and shall not play music or advertising. 18.Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights of way. 19.Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 20. Plantings in the infiltration basin must be specified and a five -year maintenance plan, acceptable to the City and prepared by a qualified firm, must be submitted for the native plantings prior to commencing site work. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P82 P83 Site Location • • • • • P84 2030 Comprehensive Plan Future Land Use Map P85 Zoning Main Street • • CERTIFICATE OF SURVEY —for— SAM PROPERTIES OF LINO LAKES, LLC —of— 7997 LAKE DRIVE NE LINO LAKES, MN 55014 wm,pwReAt„., � C.S.A.H. (NQ 11. (HAIN STREET) „- •.,r -••, FILE COPY ANOK i :a: lids !D/!A FLAT NO. 17 I r•, e $ PROPERTY DESCRIPTION: 1 " ° »' "' _. 11Ipt owl of the Nwln.eel Dam.. el Sealer a terns,* 31. Range 2Z • !�v -. m �� —.... ...TIT-211'40'g- 210.91 e End»n .. ad ,11'.744.*r e e .ee.el in i .tt ... *more.* .... ene "e. �"["° de 1 e" - -w• F" " Ira w,N , aea �� m.. Reale 99 alereecebn of the ".e1 1M. el role Northeast T,mlet and j 1 M n the I .Doty Ste. Ma Mohney. rse. 2J: thence nwMe•IS µ l a !Pe M.1. feel: In tt e- e8 ev ewe ,' ^mss . S2 ` •nom `.� E J01 lee: Iv said nwalF.eslwl 09111 1 y e thence ! _ seconds T , DB mewl_ R.1 m9 '"" n Ihev*1o" dqd . y / 'N . I IN I „„), •y s'1 " • s,4\ en , 2. 1 I 1 b Ine *ant nl pe91nnN0. "�� ['coot tea subject le ...He el record. e" ` "' °u e. •," *00 _ \ 'r NOTES: °� _ + = -a - meld sornY es cwrglMed by E.D. Rue oral Sons Inc. m 12/21/10 � .,,, _ I NR.. - Ream. au. .re nr a premed OT e C yeres may •t a AdMon theme "'" m. w ..,• ••••: •F� / 1 el Moon ttl• umey !MOT • reMt I Ill ether en Then ® jj Moon nt en neisIM. •me Pm jet of V current Re cemmnmml w en mey / v ° • omv a Dads ank natation completed Ho. M s 1 em not eolele duemv en. -1• . ‘' and Ice cvndl • eF clwblle of M Anima y tee - . xvo s n new mewl photo and were not ...led In the Ostl the 1,2j •_• n j �j:• �i w / s-- _ -L r-'. LECENR g aN �� • • DENOTES RCN MONUMENT SOUND AS EAREIED • ID /y 4:.' A pEmits RW MONUMENT Al. MAIMED 8150 .1550 `}f a ~ //. / V DENOTES AROB. COUNTY CAST IRON MONUMENT VICINITY MAP „ PAPT a �. o. TWO. 31. 22 i .'. /�' / - RECFVED • DENO,ES reUNO ANOxA co. UtIY MWt p RAT NOIIWENT i - 0 DENOTES Ce7C1.I RASR "1 .... rar -+.r / - .— e. —.O, DENOTES POSES ROLE WO OVERHEAD MKS A/ AUG 22 ? p ii R `• •mN OENIES EsSTr0 nDI E{EVtQ 1 x %f - , / -a- DENDrzs DON b _ r / C QF v Dne[s tnEPNeN n[D:sTU 6 / IJNO y I 4 p s / O DNOES H./cODC',Ems...At F / b ,r I • 'o r t - —•a —� DENOTES OlAhnDE CUEVERt .:f ;!.. .. S • ,.er ' / ' g • ( -, : ,, ,.I DENOTES CONCRETE SURE•CE t ^. .:w ✓ / ) 1 ,�yp,, pI DENO,ES PRVMANS wRrAa / . • 0169 •ba f W, I -! - . 2RS / ^•11 . ° / / eRr R DE*OIES RTE[ (SPECIES AND CALMED) • " air,,,.... I ( DHlre nor I / - '-s89•,SY,2r'W .m —_ -- FT9 _ -' 4i--.. ^•7 ,._e r ANOKA OOUNTT, M00 ESOTA ..... /r/ ^• 1 NO �A� S / 1 hereby cerl/fy Mal We darvey, moo y a I s c T• r l p n // r report 1109 prepared by me or under / my &reel wperwerm and that 1 am /' 'r ' E.G. RUD a SONS INC. L ': rm.M Bt la C rye nd & e duly Registered f h ale f !Minnesota ender / NORTH • 'O The f the Stale of YNnesolo. F aRU •rw .Mmb r GRAPHIC SCALE 1°'" Professional Land Surveyors „ "N..rm &tam 6776 Lake Drive NE, Suite 110 •B OAR ,D>aP d .. JA5 p 5 Lino Lakes, MN 55014 Dale: 12,23/10 License eta, 47570 I N en. I TeL (651)361 -8200 Fax (651)361 -8201 TI_• ee a P86 P87 a4 03 q° e Ii rF: WIGWAM mxNU.uo iwezei NDU4WS30 HOISNea azra eau .ou.Dn ow '44'niwNTO /awi mnd 31,9 magmas! . frn anti 31101S391111IN311N09 S3IV1Olin 3 I Hit +S9ii • • • City of lino Lakes, Minnesota -1VLN3QIS3a X F4 It in' 'a MS JD 11111 LT arm 0 5a E. bs a 7s • • • • LLI Li W CC 0 E co= wens .m7 4'4 F r es {i { $11 F p ;41:11 ;�eei � o = F• t;, { � E + 9 i (vf. •, a e �i °i s. lit! Y 5 r v e e� f Ei Y e: v' 6i -� E �[S {�. y4aeif � yp {' {a� x { 5 €F: SSE 2! �E eSr f's va IF `/0. .i4{ g V iZR ¢See its e.E 0 4 Y "ci{ 6eE res Y "et �E iE aFir 1E LP {i{i 6 `•. •�. 9e Er "e� "aC s{iE6" QC' vvv r§... 4; 7; 4SeeA {! 6pf s€F: Bsi ' ' E € =i'Se :q.v a Yi v sea v6 °f {{ @se 11 I sia CITY OF LINO LAKES P88 P89 w C., 1.2.1 c, c—■ L.1-1 Lc, UTILITY PLAN & DETAILS 1211m.M1i23W010 01 .10 Ca CHISIVI.f City 01 Lino Lake& Minnesota 6461.1103L.all ItC,11. 222ancsa.amen. I arm j s zt T,s CO 9171 UtIrl% 'dm It312,10 •Mn .a.■■■•■•■qmomm••••man row.mrowewunle. cosmorsranagi ISIS ISMON3111103 am MI I: Rg (21 ,04 Zc, IS if i" CITY OF LINO LAKES • • 4J IP= City of lino lakes, Minnesota AUGUST 26, 2011 P91 z 5 City of Lino Lakes, Minnesota • 4160 kIV 441 441,, AUGUST 26, 2011 CITY OF LINO LAKES • • • go Landscape Plan 6 • 3 0• • N S E? i y x E c E 9 F IT IT i 1/ 1 i ? .I I ?a lb n w Ent klE ntl E a L.. w w w U w 3 CITY OF LINO LAKES '92 .MSC :L - LLOZ 'LO R,on,w! bw*wlu 1d \eat \govom +e awb,O.t\ • • aii` -4Qav 406 § 5g�26 a ��E OZ 8 O I' VOSS NW'33NY1 ONl 3N 3N21O 3f1 L661 S3)It01 ONII d0 S3I12I3d02Id WYS 111 0 W W c ei CV C7 2 • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: AGENDA ITEM 6Aii Paul Bengtson October 10, 2011 Resolution Number 11 -99: Authorizing execution of two agreements for the Lake /Main Motor Fuel Station at 7997 Lake Drive • Site Performance Agreement • Operation and Maintenance Agreement for Stormwater Treatment Features Background On this same agenda, the City Council will consider adoption of Resolution 11 -95, which would approve a Conditional Use Permit Amendment for the Motor Fuel Station at 7997 Lake Drive. This would allow for the replacement of the canopy and pumps, with all associated construction. As is required with all construction projects, the city has prepared agreements that will guarantee performance throughout the construction process, and agreements for the long term maintenance of any storm water facilities on the site. The applicant has indicated that the agreements are acceptable to them and has returned a signed and notarized copy for execution. Recommendation Staff recommends approval of Resolution Number 11 -99, authorizing execution of the attached agreements. Attachments 1. Resolution Number 11 -99 P92 P93 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -99 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT AND AN OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES FOR 7997 LAKE DRIVE WHEREAS, the Motor Fuel Station at 7997 Lake Drive wishes to construct a new canopy and pump island, and; WHEREAS, on October 10, 2011 the City Council adopted Resolution Number 11 -95, approving a Conditional Use Permit Amendment, and WHEREAS, a Site Improvement Performance Agreement is required for all development projects, and WHEREAS, the previous Operation and Maintenance Agreement for Stormwater Treatment Features did not include new stormwater facilities to be created with the proposed construction. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a new Site Improvement Performance Agreement (ATTACHMENT A) and a new Operation and Maintenance Agreement for Stormwater Treatment Features (ATTACHMENT B) for 7997 Lake Drive. Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 10th day of October, 2011, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and SAM Properties, whose address 7997 Lake Drive Lino Lakes Minnesota 55014, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans ", by the City Council of the City on the 10th day of October, 2011, by Resolution No. 11 -95 (Exhibit A) pursuant to a conditional use permit; and WHEREAS, the conditional use permit review report is attached hereto as Exhibit B and the Plans listed in Exhibit B are incorporated herein by reference; and WHEREAS, the aforesaid approval includes a condition that prior to site work commencing, a new performance agreement with financial securities must be executed and the securities submitted to the City; and WHEREAS, pursuant to the terms of this Agreement, the Developer, its successors and assigns, agree to construct the improvements set forth in Exhibit B and the Plans on the site (hereinafter referred to as "Property ") legally described as follows: That part of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota lying northwesterly of County State Aid Highway No. 23. also known as Old U.S. Highway No. 8, except that part thereof described as follows: Beginning at the intersection of the west line of said Northwest Quarter and the northwesterly line of County State Aid Highway No. 23; thence northerly along said west line 329.14 feet; thence North 89 degrees 12 minutes 22 seconds East 173.34 feet to said northwesterly right of way page 1 of 9 P94 P95 line; thence South 27 degrees 36 minutes West, along said northwesterly right of way line, 374.11 feet to the point of beginning. Except roads. Subject to easements of record. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". C. Developer shall enter into an operation and maintenance agreement for stormwater treatment features on the site. II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, exterior building architectural design and building elements, site grading, tree preservation work and erosion control measures. For the purposes of this agreement, onsite work does not include the fuel pumps, canopy, or underground fuel tanks. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the page 2 of 9 • • P96 contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: III. OFF -SITE WORK A. Off -site Work. The Developer shall design and install, at the Developer's Expense, certain Off -site Work as follows: As listed in paragraph 111. F. Such improvements shall be completed in accordance with Section IV herein. B. Right -of -Way. The Developer shall be responsible for acquiring any right -of -way, temporary easements, or permanent easements necessary for the making of such improvements. C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes and Anoka County. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City and County standards as a condition of City /County acceptance. In addition, the City and /or County may have an inspector inspect the work on a part-time basis. • E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of page 3 of 9 Description of Improvements Estimated Costs 1 Storm Drainage Systems / Sewers / Culverts / Swales $ 4,100.00 2 Driveway / Parking Lot / Fire Lane $ 13,350.00 3 Landscaping $ 7,100.00 4 Site Grading $ 9,200.00 5 Erosion Control $ 1,175.00 Total Estimated Cost of Developer Improvements $ 34,925.00 Security Requirement (Total * 35 %) $ 12,225.00 III. OFF -SITE WORK A. Off -site Work. The Developer shall design and install, at the Developer's Expense, certain Off -site Work as follows: As listed in paragraph 111. F. Such improvements shall be completed in accordance with Section IV herein. B. Right -of -Way. The Developer shall be responsible for acquiring any right -of -way, temporary easements, or permanent easements necessary for the making of such improvements. C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes and Anoka County. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City and County standards as a condition of City /County acceptance. In addition, the City and /or County may have an inspector inspect the work on a part-time basis. • E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of page 3 of 9 P97 reproducible mylar "Record" drawings, and two complete sets of paper copy "Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. F. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the Off -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The Description of and estimated Costs of Developer's Off - Site Work is as follows: IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months after the date of execution of this Agreement unless extension is granted by the City. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty - five (35 %) percent of the total estimated cost of Developer's Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the page 4 of 9 Description of Improvements Estimated Costs 1 Excavation, construction, restoration for driveway /access within Lake Drive right of way and Main Street right of way $4,460.00 Total Estimated Cost of Developer Off -Site Work $ 4,460.00 Security Requirement (Total * 35 %) $ 1,560 IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months after the date of execution of this Agreement unless extension is granted by the City. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty - five (35 %) percent of the total estimated cost of Developer's Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the page 4 of 9 • • • City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. B. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The City may retain a minimum value to guarantee and assure that unfinished improvements can be completed. Prior to the final acceptance of the Developer's Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: Total Estimated (Budget) Costs for Escrow Account $5,000.00 Administration (Legal, Engineering, Planning, and Contract administration) - Existing project escrow as of August 10, 2011 $1,550.00 Additional escrow deposit required: $3,450.00 B. The City shall have a right to reimburse itself from the Escrow. Upon request, the City shall provide the Developer written notice and reasonably detailed invoices of the City's expenses charged to the escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. If the escrow account drops below 10% of the original deposit amount, the City may require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in page 5 of 9 P98 P99 which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The site is already occupied and the work described by the approved Plans does not affect occupancy. IX. REIMBURSEMENT OF COSTS FOR DEFENSE page 6 of 9 • • • The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. X. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XI. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No construction work allowed E. Drainage and Utility Easement. Developer shall grant to City a drainage and utility easement over the infiltration basin shown on the Plans. page 7 of 9 P100 P101 XII. VIOLATIONSBUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and /or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. page 8 of 9 • DEVELOPER CITY OF LINO LAKES • • By Developer Mayor ATTEST: By City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julieanne Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared of (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 9 of 9 P102 P103 OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this 10th day of October, 2011, by and between SAM Properties, whose address is 7997 Lake Drive Lino Lakes Minnesota 55014, hereinafter referred to as "Owner" of the Property described below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City ". WHEREAS, the legal description of the property, hereinafter referred to as the Property ", is: That part of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota lying northwesterly of County State Aid Highway No. 23. also known as Old U.S. Highway No. 8, except that part thereof described as follows: Beginning at the intersection of the west line of said Northwest Quarter and the northwesterly line of County State Aid Highway No. 23; thence northerly along said west line 329.14 feet; thence North 89 degrees 12 minutes 22 seconds East 173.34 feet to said northwesterly right of way line; thence South 27 degrees 36 minutes West, along said northwesterly right of way line, 374.11 feet to the point of beginning. Except roads. Subject to easements of record. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a conditional use permit amendment for the site with Resolution No. 11 -95, NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System) which are to be constructed to comply with the approved plans and Resolution No. 11- 95 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. Stormwater Treatment Features Agreement page 1 of 4 • • • 2. The City shall not under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the System and appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) remove accumulated sediment from the System, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, and (6) take all other and further steps which would be reasonably necessary for the purpose of maintaining the System. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. 5. In the event that the City believes that the Owner is not maintaining the System in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in which the owner is maintaining the System. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 -day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Owner's Property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's Property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. Stormwater Treatment Features Agreement page 2 of 4 P104 P105 6. That any notices required under this agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: Todd Steffen 1990 Main Street Centerville, Minnesota 55038 FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the Property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re- recorded. OWNER CITY OF LINO LAKES By By Mayor Its ATTEST: By STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) City Clerk On this day of , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julianne Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public Stormwater Treatment Features Agreement page 3 of 4 • • • STATE OF Minnesota) ) ss. COUNTY OF ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared , to me known to be the of , and that he executed the foregoing instrument and acknowledged that he executed the same on behalf of said corporation. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Stormwater Treatment Features Agreement page 4 of 4 P106