HomeMy WebLinkAbout10/24/2011 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, October 24, 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
COUNCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
➢ Call to Order — 6:30 p.m.
➢ Roll Call - Council Members O'Donnell, Roeser, Gallup & Rafferty, and Mayor
Reinert were present
➢ Pledge of Allegiance
➢ Open Mike / Public Comment
John DeHaven, 612 Birch St, noted concerns about the lack of background
information required for individuals running for elected office
➢ Setting the Agenda: Addition or deletion of agenda items
The agenda was not amended
SPECIAL INTRODUCTION
1. Kelly Fellows, Thrivent Financial for Lutherans
not present
CONSENT AGENDA
A) Consideration of Expenditures: Pg 1 -13
i) October 24, 2011 (Check No. 91927 through
92018) in the amount of $220,798.55;
ii) Centennial Fire District (Check No. 5002 through
5024) in the amount of $14.565.82; (Check No. 2011009)
in the amount of $3,606.89
B) Consider approval of October 3, 2011 Work Session Minutes Pg 14 -16
C) Consider approval of October 10, 2011 Council Meeting Minutes Pg 18 -21
Council Member Gallup absent
D) Consider Resolution No. 11 -107, Approving Special Event Pg 22 -26
and Parade /Run permit for 2011 Diva Dash 5K/10K Run
Council Agenda
-2-
EXPANDED AGENDA
October 24, 2011
E) Application for Exempt Permit for Lawful Gambling, St. Joseph's Pg 27
Church (calendar raffle)
F) Consider Resolution No. 11 -110, Authorizing Certification of Pg 28 -31
Delinquent Weed Abatement Charges for collection with the
2011 property taxes payable in 2012.
G) Consider Resolution No. 11 -106, Authorizing Certification of
Delinquent Water and Sewer Utility Charges for collection
with the 2011 property taxes payable in 2012
Pg 32 -39
H) Consider approval of Oct 3, 2011 Special Council Mtg Minutes Pg 40
Action Taken: Motion by Gallup, seconded by Rafferty, to
approve Consent Items 1A and 1H except Item 1C, was adopted
Action Taken: Motion by O'Donnell, seconded by Roeser, to
approve Consent Item 1C, was adopted; Council Member Gallup
abstained from voting
FINANCE DEPARTMENT REPORT, Al Rolek
No report
ADMINISTRATION DEPARTMENT REPORT
No report
PUBLIC SAFETY DEPARTMENT REPORT, John Swens
A) Consider Resolution No. 11 -111, Authorization to enter into a Pg 41 -48
contract for prosecution services with Geck, Duea & Olson, PLLC,
John Swenson
Action Taken: Motion by O'Donnell, seconded by Roeser, to
approve Resolution No. 11 -111 as presented, was adopted
B) Consider Resolution No. 11 -112, Authorizing acceptance of Pg 49 -51
grant funds from Citizen Corps Program, John Swenson
Action Taken: Motion by Gallup, seconded by Roeser, to
approve Resolution No. 11 -112 as presented, was adopted
PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner
No report
COMMUNITY DEVELOPMENT REPORT, Michael Grochala
A) Consider Resolution 11 -105 Approving Twin City Gateway Pg 52 -56
Budget for 2012, Mary Alice Divine
Action Taken: Motion by Rafferty, seconded by Gallup, to
approve Resolution No. 11 -105 as presented, was adopted
Council Agenda
-3- October 24, 2011
EXPANDED AGENDA
Public Hearing. Consider Resolution No. 11 -108, Adopting
Assessments, I- 35E /CSAH 14 Interchange Improvements,
Michael Grochala
Action Taken: Motion by O'Donnell, seconded by Rafferty, to
approve Resolution No. 11 -108 as presented, was adopted
Pg. 57 -67
C) Zoning Ordinance Amendment — Accessory Outdoor Storage as Pg 68 -83
Interim Use, Paul Bengtson
The City Council will consider one of the two following actions:
i. Consider Resolution Number 11 -109, Denying the request to
amend the Zoning Ordinance.
ii. Consider 1st Reading of Ordinance No. 21 -11, Amending Section 8
of the Zoning Ordinance to Allow Exterior Storage as an Accessory
Use by Interim Use Permit in the Light Industrial zoning district.
Action Taken: Motion by Rafferty, seconded by Roeser, to
postpone consideration and to extend the review period an
additional 60 days as allowed under statute, was adopted
(to be discussed at November work session)
D) Consideration of Resolution No. 11 -105, Adopting Assessment, Pg 84 -85
745 Oak Lane Building Demolition, Jason Wedel
Action Taken: Motion by Gallup, seconded by Rafferty, to
approve Resolution No. 11 -105 as presented, was adopted
E) Consider Resolution No. 11 -104, Adopting Assessments, Pg 86 -88
2011 Individual Property Public Utility Connections, Jason Wedel
Action Taken: Motion by O'Donnell, seconded by Roeser, to
approve Resolution No. 11 -104 as presented, was adopted
UNFINISHED BUSINESS
None
NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by O'Donnell, to adjourn at 7:45 p.m.
Community Calendar— A Look Ahead
October 25, 2011 through November 14, 2011
Wednesday, October 26
Thursday, November 3
Monday, November 7
Wednesday, November 9
Monday, November 14
Monday, November 14
6:30 pm, Council Chambers
8:00 am, Community Room
5:30 pm, Community Room
6:30 pm, Council Chambers
6:30 pm, Council Chambers
following Council Mtg.
Environmental Board
EDAC
Council Work Session
Planning & Zoning Bd
City Council Meeting
Park Board
•
•
CITY COUNCIL AGENDA
Monday, October 24, 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
OUNCIL WORT °SESSION, 5 :30 P
Community Room (not televised)
Review Regular Agenda
CITY COUNCIL MEETING, 6,`3 f: P.M.
➢ Call to Order and Roll Call
➢ Pledge of Allegiance
➢ Open Mike / Public Comment
➢ Setting the Agenda: Addition or deletion of agenda items
SPECIAL INTRODUCTION
1. Kelly Fellows, Thrivent Financial for Lutherans
CONSENT AGENDA
A) Consideration of Expenditures:
i) October 24, 2011 (Check No. 91927 through
92018) in the amount of $220,798.55;
ii) Centennial Fire District (Check No. 5002 through
5024) in the amount of $14.565.82; (Check No. 2011009)
in the amount of $3,606.89
Pg 1 -13
B) Consider approval of October 3, 2011 Work Session Minutes Pg 14 -16
C) Consider approval of October 10, 2011 Council Meeting Minutes Pg 18 -21
Council Member Gallup absent
D) Consider Resolution No. 11 -107, Approving Special Event Pg 22 -26
and Parade /Run permit for 2011 Diva Dash 5K/10K Run
E) Application for Exempt Permit for Lawful Gambling, St. Joseph's Pg 27
Church (calendar raffle)
Council Agenda
-2- October 24, 2011
F) Consider Resolution No. 11 -110, Authorizing Certification of Pg 28 -31
Delinquent Weed Abatement Charges for collection with the
2011 property taxes payable in 2012.
G) Consider Resolution No. 11 -106, Authorizing Certification of
Delinquent Water and Sewer Utility Charges for collection
with the 2011 property taxes payable in 2012
Pg 32 -39
H) Consider approval of October 3, 2011 Special Council Meeting Pg 40
Minutes
2. FINANCE DEPARTMENT REPORT, Al RoiekAl
No report
ADMINISTRATION DEPARTMENT REPORT
No report
PUBLIC SAFETY DEPARTMENT REPORT, John Swenson
A) Consider Resolution No. 11 -111, Authorization to enter into a Pg 41 -48
contract for prosecution services with Geck, Duea & Olson, PLLC,
John Swenson
B) Consider Resolution No. 11 -112, Authorizing acceptance of Pg 49 -51
grant funds from Citizen Corps Program, John Swenson
i. PUBLIC SERVICES DEPARTMENT REPORT Rick DeGardner
No report
COMMUNITY DEVELOPMENT REPORT, Michael Grochala
A) Consider Resolution 11 -105 Approving Twin City Gateway Pg 52 -56
Budget for 2012, Mary Alice Divine
B) Public Hearing. Consider Resolution No. 11 -108, Adopting Pg. 57 -67
Assessments, I -35E /CSAH 14 Interchange Improvements,
Michael Grochala
C) Zoning Ordinance Amendment — Accessory Outdoor Storage as Pg 68 -83
Interim Use, Paul Bengtson
The City Council will consider one of the two following actions:
i. Consider Resolution Number 11 -109, Denying the request to
amend the Zoning Ordinance.
ii. Consider 1St Reading of Ordinance No. 21 -11, Amending
Section 8 of the Zoning Ordinance to Allow Exterior Storage
as an Accessory Use by Interim Use Permit in the Light Industrial
zoning district.
•
•
•
Council Agenda
-3- October 24, 2011
D) Consideration of Resolution No. 11 -105, Adopting Assessment, Pg 84 -85
745 Oak Lane Building Demolition, Jason Wedel
E) Consider Resolution No. 11 -104, Adopting Assessments, Pg 86 -88
2011 Individual Property Public Utility Connections, Jason Wedel
UNFINISHED BUSINESS
NE
None
BUSINESS
None
Adjournment
4 II- 4i-
Community Calendar - A Look Ahead
October 25, 2011 through November 14, 2011
Wednesday, October 26
Thursday, November 3
Monday, November 7
Wednesday, November 9
Monday, November 14
Monday, November 14
6:30 pm, Council Chambers
8:00 am, Community Room
5:30 pm, Community Room
6:30 pm, Council Chambers
6:30 pm, Council Chambers
following Council Mtg.
Environmental Board
EDAC
Council Work Session
Planning & Zoning Bd
City Council Meeting
Park Board
•
EXPENDITURES
OCTOBER 24, 2011
•
•
DatZ -10 /17/2011 Time: 15:26:48
Ranges:
Options:
Vendor #
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R)
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Detail / Summary: S
Name
9688 - 9699
City of Lino Lakes
FM Entry - Invoice Journal
Operator: KKF Page: 1
Invoice Status: A # of copies: 1
Sort: A Check Over Expend: N
Discount
# of items Net Gross Discount Lost
000020 A & L SUPERIOR SOD CO, INC.
000093 ACE SOLID WASTE, INC.
000408 AFSCME COUNCIL #5
000998 AGGREGATE INDUSTRIES- MIDWEST REGION
001013 ALTERNATOR & STARTER STORE, THE
000210 AMERICAN FASTENER & SUPPLY, INC.
000370 ANOKA COUNTY CENTRAL COMMICATIONS
004063 ANOKA COUNTY LICENSE BUREAU
000420 ANOKA COUNTY PROPERTY RECORDS & TAXATION
000541 ASPEN MILLS, INC.
000724 BLUE TOW SERVICE, INC.
000860 BROADWAY AWARDS, INC.
000833 BROCK WHITE COMPANY, LLC
001110 CENTENNIAL UTILITIES
002700 CENTERPOINT /MINNEGASCO, INC.
004670 COMCAST
001059 JENIFER CONNER
001187 CONNEXUS ENERGY
003980 CRABTREE COMPANIES, INC.
007354 CROWN TROPHY, INC.
001270 DALCO, INC.
008506 KAREN EFTERFIELD
3
1
1
1
2
1
1
3
4
1
1
1
1
1
1
1
1
1
1
1
1
191.73 191.73 .00 .00
640.08 640.08 .00 .00
729.76 729.76 .00 .00
74.58 74.58 .00 .00
138.94 138.94 .00 .00
67.79 67.79 .00 .00
442.34 442.34 .00 .00
1,579.41 1,579.41 .00 .00
138.00 138.00 .00 .00
507.14 507.14 .00 .00
310.13 310.13 .00 .00
44.09 44.09 .00
III
3,637.68 3,637.68 .00 .00
77.94 77.94 .00 .00
263.45 263.45 .00 .00
69.90 69.90 .00 .00
55.00 55.00 .00 .00
4,709.70 4,709.70 .00 .00
187.06 187.06 .00 .00
417.00 417.00 .00 .00
308.78 308.78 .00 .00
40.00 40.00 .00 .00
•
Date: 10/17/2011 Time: 15:26:49
City of Lino Lakes Operator: KKF Pagel-3'2
FM Entry - Invoice Journal
Discount
•or # Name # of items Net Gross Discount Lost
007635 ELDER JONES BUILDING PERMIT SERVICES,INC 2 160.00 160.00 .00 .00
008507 EMBLEM AUTHORITY, THE 1 100.00 100.00 .00 .00
008393 EMMONS & OLIVIER RESOURCES, INC. 1 2,510.75 2,510.75 .00 .00
003220 FACTORY MOTOR PARTS COMPANY, INC. 1 26.72 26.72 .00 .00
001267 FAST BREAK CORNER MARKET, INC. 1 9.58 9.58 .00 .00
000022 FERGUSON WATERWORKS 1 320.01 320.01 .00 .00
001540 FORESTRY SUPPLIERS, INC. 1 55.44 55.44 .00 .00
008240 GOPHER STATE ONE -CALL 1 401.75 401.75 .00 .00
001003 MICHAEL GROCHALA 1 184.30 184.30 .00 .00
000843 DALE HAGER 1 1,171.49 1,171.49 .00 .00
001814 HARDWOOD CREEK LUMBER, INC. 1 112.48 112.48 .00 .00
001480 HAWKINS, INC. 1 35.00 35.00 .00 .00
004562 HD SUPPLY WATERWORKS, LTD. 2 282.23 282.23 .00 .00
001850 MICHAEL HOFFMAN 1 79.99 79.99 .00 .00
008508 HYLANDER SPORTS 1 360.00 360.00 .00 .00
•971 INFRATECH 1 102.60 102.60 .00 .00
303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00
000476 INTERSTATE POWER SYSTEMS, INC. 4 1,813.97 1,813.97 .00 .00
008394 JANI -KING OF MINNESOTA, INC. 2 3,624.13 3,624.13 .00 .00
000828 JASON'S BOBBY & STEVE'S AUTO WORLD 1 35.00 35.00 .00 .00
008271 DONALD LEE JENSEN 1 308.75 308.75 .00 .00
008143 KNIFE RIVER CORP 1 685.61 685.61 .00 .00
002208 LAW ENFORCEMENT LABOR SERVICES, .INC. 1 924.00 924.00 .00 .00
002320 LMCIT 1 1,000.00 1,000.00 .00 .00
008123 LUBRICATION TECHNOLOGIES, INC. 2 9,716.66 9,716.66 .00 .00
008509 MARGOLIS COMPANY 1 2,289.26 2,289.26 .00 .00
002486 MATT PARROTT, A Storey Kenworthy Co. 1 97.88 97.88 .00 .00
•
DatA 10/17/2011 Time 15:26:49 City of Lino Lakes Operator: KKF Page: 3
FM Entry - Invoice Journal
Discount
Vendor # Name # of items Net Gross Discount L•
002550 MENARDS, INC. 1 9.58 9.58 .00 .00
002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 19,869.30 19,869.30 .00 .00
002584 METRO SALES INCORPORATED 1 666.00 666.00 .00 .00
007694 METROPOLITAN COUNCIL 1 60,082.17 60,082.17 .00 .00
002590 LESTER MICKELSON 1 96.96 96.96 .00 .00
002931 MN CHILD SUPPORT PAYMENT CENTER 2 1,122.09 1,122.09 .00 .00
002760 MN DEPT OF HEALTH 1 6,835.00 6,835.00 .00 .00
003070 MTI DISTRIBUTING, INC. 1 27.33 27.33 .00 .00
004791 NAC MECHANICAL& ELECTRICAL SERVICES 2 2,146.07 2,146.07 .00 .00
008198 NATIONAL PAYMENT CENTER 1 193.37 193.37 .00 .00
000900 O'REILLY AUTOMOTIVE, INC. 5 18.97 18.97 .00 .00
007705 OLSEN COMPANIES 1 795.16 795.16 .00 .00
007763 OLSON'S SEWER SERVICE, INC. 2 477.00 477.00 .00 .00
003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 201.40 201.40 .00 .00
001085 PATCHIN MESSNER & DODD, INC. 1 1,356.25 1,356.25 .00 .00
003491 PETTY CASH 1 81.48 81.48 .00 .00
008510 PIPERIGHT PLUMBING, INC. 1 110.00 110.00 .00
110
000217 POLAR CHEVROLET & MAZDA 1 190.33 190.33 .00 .00
003600 PRESS PUBLICATIONS, INC. 1 115.28 115.28 .00 .00
001832 QUAD AREA CHAMBER OF COMMERCE 1 15.00 15.00 .00 .00
007696 RATWIK, ROSZAK & MALONEY, PA 1 5,644.18 5,644.18 .00 .00
000888 RICK JOHNSON DEER & BEAVER INC. 1 90.00 90.00 .00 .00
900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00
008276 BRIAN A. RYDLUND 1 182.00 182.00 .00 .00
003910 SAM'S CLUB, INC. 1 305.79 305.79 .00 .00
000065 SCHARBER & SONS, INC. 1 348.82 348.82 .00 .00
003990 SHOREVIEW, CITY OF 1 3,221.78 3,221.78 .00 .00
•
Date: 10/17/2011 Time: 15:26:49 City of Lino Lakes Operator: KKF Page..-5-4
FM Entry - Invoice Journal
Discount
Sor # Name # of items Net Gross Discount Lost
003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 213.00 213.00 .00 .00
004059 JEFF SMYSER 1 260.00 260.00 .00 .00
000365 STAPLES ADVANTAGE 1 152.21 152.21 .00 .00
004240 STREICHER'S, INC. 4 203.77 203.77 .00 .00
008195 SWEENEY, MURPHY & SWEENEY, P.A. 2 11,805.45 11,805.45 .00 .00
004340 T.A. SCHIFSKY AND SONS, INC. 1 443.81 443.81 .00 .00
008141 TASC 1 84.15 84.15 .00 .00
000489 TDS METROCOM MN 1 981.23 981.23 .00 .00
002790 TESSMAN COMPANY, THE 1 1,590.89 1,590.89 .00 .00
004350 TKDA 7 27,441.94 27,441.94 .00 .00
004560 U S BANK VISA 1 4,250.39 4,250.39 .00 .00
004709 VARSITY PHOTOS, INC. 1 7,791.00 7,791.00 .00 .00
003465 VIKING ELECTRIC SUPPLY, INC. 1 192.07 192.07 .00 .00
000174 W. W. GOETSCH ASSOCIATES, INC. 1 3,943.69 3,943.69 .00 .00
003250 XCEL ENERGY 8 9,342.16 9,342.16 .00 .00
• Grand Totals: 131 220,798.55 220,798.55 .00 .00*
•
Dat6. 10 /17/2011 Time: 15:28:26 Operator: KKF
Ranges:
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Fund: (A)
Dept Id: (A)
Program: (A)
Vendor #: (A)
Invoice #: (A)
Schedule Journal #: (R) 9689 - 9702
Bank #: (A)
Options: Print Ranges /Options: Y # of copies: 1
Page on Department: N
Department Vendor Name Description Amount
AFSCME COUNCIL #5 OCT. 2011 UNION DUES 729.76
ANOKA COUNTY PROPERT EASEMENT ENCROACHMENT -62 46.00
LAW ENFORCEMENT LABO OCT. 2011 DUES 924.00
METRO COUNCIL ENVIRO 3RD QTR 2011 SAC CHARGES 19,869.30
MN CHILD SUPPORT PAY CHILD SUPPORT 1,122.09
ELDER JONES BUILDING PERMIT REFUND 80.00
ELDER JONES BUILDING PERMIT REFUND -LOST CHECK 80.00
NATIONAL PAYMENT CEN GARNISHMENT 193.37
PIPERIGHT PLUMBING, REFUND OF PERMIT COST /88 110.00
Total for Department 23,154.52*
MAYOR /COUNCIL BROADWAY AWARDS, INC PLAQUE -BRIAN POGALZ 44.09
MAYOR /COUNCIL U S BANK VISA G & S PLANTS 37.41
Total for Department 401 81.50*
ADMINISTRATION TASC SEPT. 2011 ADMIN FEE 84.15
Total for Department 402 84.15*
FINANCE MATT PARROTT /STOREY 1099, W2, 1096 FORMS, W2 97.88
FINANCE ROSEVILLE, CITY OF OCT. 2011 IT SERVICES SU 5,769.58
Total for Department 407 5,867.46*
LEGAL CONSULTANTS RATWIK, ROSZAK & MAL AUG. 2011 -MISC PROF SVCS 3,875.18
LEGAL CONSULTANTS SWEENEY, MURPHY & SW 3RD QTR 2011 INVESTIGATI 655.56
LEGAL CONSULTANTS SWEENEY, MURPHY & SW OCT. 2011 PROSECUTION SV 11,149.89
Total for Department 414 15,680.63*
ECONOMIC DEVELOPMENT QUAD AREA CHAMBER OF QUAD AREA CHAMBER EVENT 15.00
ECONOMIC DEVELOPMENT U S BANK VISA U OF M- FESTIVAL & EVENT 775.00
Total for Department 415 790.00*
PLANNING & ZONING SMYSER, JEFF MN APA REGISTRATION REIM 260.00
Total for Department 416 260.00*
ENGINEERING TKDA SEPT 2011 MISC TASKS 192.28
ENGINEERING TKDA SEPT 2011 STATE AID /STRE 569.13
ENGINEERING TKDA SEPT 2011 SURFACE WATER 1,026.60
Total for Department 417 1,788.01*
COMM DEV GROCHALA, MICHAEL MN APA CONFERENCE REIMBU 184.30
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Date: 10/17/2011 Time: 15:28:26 Operator: KKF
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Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description Amount
COMM DEV SHORT - ELLIOTT - HENDRI SEPT. 2011 GIS SERVICES 213.00
COMM DEV U S BANK VISA 2011 APA MN CONFERENCE 210.00
Total for Department 418 607.30*
POLICE STAPLES BUSINESS ADV OFFICE SUPPLIES 152.21
POLICE ANOKA COUNTY CENTRAL WIRELESS INTERENT ACCESS 442.34
POLICE TDS METROCOM MN MONTHLY PHONE CHARGES 673.69
POLICE ASPEN MILLS, INC. C BOEHME UNIFORM ALLOWAN 114.85
POLICE ASPEN MILLS, INC. CHAPLAIN COAT 161.40
POLICE ASPEN MILLS, INC. CSO UNIFORM ALLOWANCE 340.74
POLICE ASPEN MILLS, INC. M PAULSON BOOT RETURN - 109.85
POLICE JASON'S BOBBY & STEV AUG. & SEPT. 2011 CAR WA 35.00
POLICE HAGER, DALE 3RD QTR 2011 REIMBURSEME 1,171.49
POLICE CONNEXUS ENERGY MONTHLY ELECT CHARGES 21.37
POLICE FAST BREAK CORNER MA CAR WASHES 9.58
POLICE METRO SALES INCORPOR MULTIPLE COPIER CONTRACT 666.00
POLICE OTTER LAKE ANIMAL CA IMPOUND FEE /CITY BOARDIN 201.40
POLICE CRABTREE COMPANIES, PANASONIC SCANNER 187.06
POLICE STREICHER'S, INC. MCCARTHY UNIFORM ALLOWAN 87.76
POLICE STREICHER'S, INC. P NOLL UNIFORM ALLOWANCE 25.00
POLICE STREICHER'S, INC. W WEGENER UNIFORM ALLOWA 91.01
POLICE U S BANK VISA COMPUTER MOUSE & DIGITAL 117.81
POLICE U S BANK VISA DNR YOUTH FIREARMS CLASS 125.46
POLICE U S BANK VISA OBSERVATION ON DEMAND TR 100.00
POLICE U S BANK VISA UNIFORMS FOR RECORDS DIV 312.00
Total for Department 420 4,926.32*
leETS A & L SUPERIOR SOD C SOD FOR TRAIL RESTORATIO 70.03
ETS TDS METROCOM MN MONTHLY PHONE CHARGES 37.24
ETS BROCK WHITE COMPANY, ROADSAVER 535MN 3,637.68
STREETS RICK JOHNSON DEER & SEPT. 2011 DEER REMOVAL 90.00
STREETS AGGREGATE INDUSTRIES CONCRETE SAND 74.58
STREETS CONNEXUS ENERGY MONTHLY ELECT CHARGES 1,250.04
STREETS MICKELSON, LESTER CLOTHING ALLOWANCE REIMB 96.96
STREETS XCEL ENERGY 7509 LAKE DR MONTHLY ELE 151.60
STREETS XCEL ENERGY 7597 LAKE DR MONTHLY ELE 24.74
STREETS XCEL ENERGY 7603 LAKE DR MONTHLY ELE 25.34
STREETS XCEL ENERGY 7607 LAKE DR MONTHLY ELE 9.97
STREETS XCEL ENERGY 7694 VILLAGE DR MONTHLY 17.58
STREETS XCEL ENERGY LAKE DR /UNIT SIGN MONTHL 30.57
STREETS PETTY CASH ANTI FREEZE 23.49
STREETS T.A. SCHIFSKY AND SO AC FINE /MODIFIED ASPHALT 443.81
STREETS TKDA SEPT 2011 OTTER LAKE SVC 760.82
Total for Department 430 6,744.45*
FLEET SCHARBER & SONS, INC BALL BEARINGS - FLAIL MO 348.82
FLEET AMERICAN FASTENER & STOCK ITEMS 40.03
FLEET POLAR CHEVROLET & MA SENSOR ASY - # 208 190.33
FLEET O'REILLY AUTOMOTIVE, MINI BULBS /MINI LAMPS -ST 37.19
FLEET O'REILLY AUTOMOTIVE, OIL FILER -STOCK 4.65
•
Da -10 /17/2011 Time: 15:28:27 Operator: KKF
Department
Page: 3
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name Description
Amount
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
O'REILLY AUTOMOTIVE, RETURN BRK CALIPER /PURCH
O'REILLY AUTOMOTIVE, S -HC BLDT - # 141
O'REILLY AUTOMOTIVE, TRANS FILTER -STOCK
MENARDS, INC. BUTANE REFILL FOR SMALL
MTI DISTRIBUTING, IN V -BELT - # 141
FACTORY MOTOR PARTS REFURB BLEM BATTERY
PETTY CASH ANTI FREEZE
PETTY CASH TOGGEL SWITCH
U S BANK VISA ALL MAKES DATA SUBSCRIPT
U S BANK VISA BATTERIES, HITCH PINE &
U S BANK VISA HANDLE - UNIT 372
LUBRICATION TECHNOLO 2500. GALLONS UNL
LUBRICATION TECHNOLO 696.7 GALLONS ULS RED B5
Total for Department 431
GOVERNMENT BUILDINGS ACE SOLID WASTE, INC
GOVERNMENT BUILDINGS AMERICAN FASTENER &
GOVERNMENT BUILDINGS TDS METROCOM MN
GOVERNMENT BUILDINGS CONNEXUS ENERGY
GOVERNMENT BUILDINGS DALCO, INC.
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
LEAGUE OF MN CITIES
CENTERPOINT/MINNEGAS
XCEL ENERGY
VIKING ELECTRIC SUPP
GOVERNMENT BUILDINGS SAM'S CLUB, INC.
GOVERNMENT BUILDINGS U S BANK VISA
GOVERNMENT BUILDINGS U S BANK VISA
GOVERNMENT BUILDINGS COMCAST
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
ENVIRONMENTAL
MONTHLY RUBBISH REMOVAL
STOCK ITEMS
MONTHLY PHONE CHARGES
MONTHLY ELECT CHARGES
SCOTT TOWELS /LOTION SOAP
9/20/11 MARKING MACHINE
MONTHLY GAS USAGE
CITY HALL MONTHLY ELECT.
1189 MAIN ST GENERATOR
OFFICE SUPPLIES
4 8GB FLASH DRIVES
HP LASERJET CARTRIDGE RE
MONTHLY INTERNET CHARGES
NAC MECHANICAL& ELEC LABOR & MATERIALS ON CIT
OLSON'S SEWER SERVIC CLEAR DRINKING FOUNTAIN
OLSON'S SEWER SERVIC SENIOR CENTER -CLEAR DISH
KNIFE RIVER CORP 4500 EXT SLAB 5" SLUMP /M
JANI -KING OF MINNESO OCT. 2011 CLEANING CONTR
ROSEVILLE, CITY OF OCT. 2011 PHONE SUPPORT
Total for Department 432
A & L SUPERIOR SOD C ROLLS OF SOD /PALLET DEPO
CENTENNIAL UTILITIES MONTHLY GAS USAGE
CONNEXUS ENERGY MONTHLY ELECT CHARGES
HARDWOOD CREEK LUMBE 48" PINE LATH
HOFFMAN, MICHAEL CLOTHING ALLOWANCE REIME
CENTERPOINT /MINNEGAS MONTHLY GAS USAGE
TESSMAN COMPANY, THE FERTILIZER
U S BANK VISA BATTERIES, HITCH PINE &
U S BANK VISA CHANTICLEAR PIZZA
Total for Department 450
U S BANK VISA WATER RESOURCE CONFERENC
Total for Department 461
-47.04
9.66
14.51
9.58
27.33
26.72
28.80
7.69
1,500.00
113.53
14.63
7,520.02
2,196.64
12,043.09*
640.08
27.76
158.58
1,024.50
308.78
1,000.00
89.54
5,375.15
192.07
305.79
66.20
-69.14
69.90
2,146.07
318.00
159.00
685.61
3,624.13
951.30
17,073.32*
121.70
60.86
67.81
56.24
79.99
32.22
1,590.89
23.72
67.42
2,100.85*
230.00
230.00*
•
•
Date: 10/17/2011 Time: 15:28:27 Operator: KKF
•
Department
Page: 4
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
FORESTRY
FORESTRY
FORESTRY
ADULT SPORTS
ADULT SPORTS
ADULT SPORTS
SPECIAL EVENTS /TRIPS
SPECIAL EVENTS /TRIPS
SPECIAL EVENTS /TRIPS
YOUTH INSTRUCTIONAL
YOUTH SPORTS
YOUTH SPORTS
•ET
OTHER
OTHER
OTHER
OTHER
OTHER
•
FORESTRY SUPPLIERS, UNIV STAINLESS WAND /REPL
HARDWOOD CREEK LUMBE 48" PINE LATH
MARGOLIS COMPANY 18 PRINCETON ELMS
Total for Department 463
Total for Fund 101
CONNER, JENIFER
Total for
U S BANK VISA
JENSEN, DONALD LEE
RYDLUND, BRIAN A.
Total for
U S BANK VISA
U S BANK VISA
EFTERFIELD, KAREN
Total for
CROWN TROPHY, INC.
Total for
VARSITY PHOTOS, INC
HYLANDER SPORTS
Total for
PROGRAM REFUND
Department
GIFT CARDS
CONTRACTED SPORTS OFFICI
CONTRACTED SPORTS OFFICI
Department 202
BEYOND THE RAINBOW -SENIO
HOMETOWN PIZZA
SENIOR TRIP REFUND
Department 205
T- SHIRTS
Department 207
. FOOTBALL & SOCCER PHOTOS
18 TEAMS IN TCNYFL FOR 2
Department 208
Total for Fund 201
ANOKA COUNTY LICENSE # 225 VEHICLE TITLE & RE
Total for Department 431
TKDA
TKDA
TKDA
Total for Fund 402
SEPT 2011 OTTER LAKE RD
Total for Department 499
Total for Fund 406
SEPT. 2011 OVERLAY PROJE
SEPT. 2011 SEALCOAT PROJ
Total for Department 499
Total for Fund 421
RATWIK, ROSZAK & MAL AUG. 2011- CONSERVATION E
EMMONS & OLIVIER RES SURFACE WATER MANAGEMENT
Total for Department 499
Total for Fund 422
55.44
56.24
2,289.26
2,400.94*
93,832.54*
55.00
55.00*
150.00
308.75
182.00
640.75*
319.00
31.85
40.00
390.85*
417.00
417.00*
7,791.00
360.00
8,151.00*
9,654.60*
1,579.41
1,579.41*
1,579.41*
3,924.85
3,924.85*
3,924.85*
2,678.69
1,268.36
3,947.05*
3,947.05*
58.00
2,510.75
2,568.75*
2,568.75*
Da711a /17/2011 Time: 15:28:27 Operator: KKF
Department
Page: 5
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
OTHER
OTHER
OTHER
OTHER
OTHER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
PATCHIN MESSNER & DO C.S.A.H. 14 & I -35E INTE
PRESS PUBLICATIONS, NOTICE OF PROPOSED ASSES
RATWIK, ROSZAK & MAL AUG. 2011 -I35E INTERCHAN
Total for Department 499
TKDA
TKDA
Total for Fund 474
SEPT 2011 BIRCH ST /WARE
SEPT 2011 MAIN ST /LAKE D
Total for Department 499
Total for Fund 475
MN DEPT OF HEALTH
SHOREVIEW, CITY OF
3RD QTR 2011 COMMUNITY W
3RD QTR 2011 WATER CONSU
Total for Department
FERGUSON WATERWORKS
INSTRUMENTAL RESEARC
TDS METROCOM MN
CONNEXUS ENERGY
HAWKINS, INC.
INFRATECH
CENTERPOINT /MINNEGAS
XCEL ENERGY
SHOREVIEW, CITY OF
U S BANK VISA
GOPHER STATE ONE -CAL
Total for Department
OPR NUT HYD OIL - GALLONS
TOTAL COLIFORM BACTERIA
MONTHLY PHONE CHARGES
MONTHLY ELECT CHARGES
CHLORINE CYLINDERS
FLUOR. RED MARKING PAINT
MONTHLY GAS USAGE
1180 BIRCH ST /WELL MONTH
3RD QTR 2011 WATER CONSU
CRYSTAL PLUS 70FG - 5 GA
SEPT. 2011 LOCATES
Total for Fund 601
W. W. GOETSCH ASSOCI
INTERSTATE POWER SYS
INTERSTATE POWER SYS
INTERSTATE POWER SYS
CENTENNIAL UTILITIES
CONNEXUS ENERGY
CENTERPOINT/MINNEGAS
SHOREVIEW, CITY OF
TKDA
HD SUPPLY WATERWORKS
HD SUPPLY WATERWORKS
METROPOLITAN COUNCIL
OLSEN COMPANIES
GOPHER STATE ONE -CAL
494
FLYGT MODEL 3127 PUMP (L
GENERATOR CONTRACT SERVI
LABOR /DIAGNOSTIC /REPLACE
PERFORM "A" INSPECTION /R
MONTHLY GAS USAGE
MONTHLY ELECT CHARGES
MONTHLY GAS USAGE
3RD QTR 2011 WATER CONSU
SEPT 2011 RESIDENT CONNE
4" DRAIN TILE
8X4 INLINE DRAIN
NOV. 2011 WASTEWATER SER
DOS CHAIN SLING
SEPT. 2011 LOCATES
Total for Department
Total for Fund 602
495
1,356.25
115.28
1,377.50
2,849.03*
2,849.03*
7,755.48
9,058.23
16,813.71*
16,813.71*
6,835.00
9.54
6,844.54*
320.01
142.50
111.72
1,975.27
35.00
102.60
92.36
3,707.21
2,077.46
125.50
200.88
8,890.51*
15,735.05*
3,943.69
275.00
464.91
1,074.06
17.08
370.71
49.33
1,134.78
207.50
187.03
95.20
60,082.17
795.16
200.87
68,897.49*
68,897.49*
•
•
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Date: 10/17/2011 Time 15:28:27 Operator: KKF
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Department
Page: 6
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
ANOKA COUNTY PROPERT
ANOKA COUNTY PROPERT
BLUE TOW SERVICE, IN
ALTERNATOR & STARTER
ALTERNATOR & STARTER
PETTY CASH
RATWIK, ROSZAK & MAL
RATWIK, ROSZAK & MAL
EMBLEM AUTHORITY, TH
CENTURY FARM N- EASEMENT
QUIT CLAIM DEED - CENTURY
'94 GMC 1500
SEIZED VEHICLE /CN 10 -018
SEIZED VEHICLE /CN 11 -031
TRANSFER TITLE /FORFEITED
AUG. 2011 - CENTURY FARMS
AUG. 2011 - HIGHLAND MEADO
GRAY & NAVY SHOULDER
Total for Department
Total for Fund 801
Grand Total
•
•
Amount
46.00
46.00
310.13
74.81
64.13
21.50
275.50
58.00
100.00
996.07*
996.07*
220,798.55*
-12-
CENTENNIAL FIRE DISTRICT
Check Register - FIRE GL
Page: 1
Check Issue Dates: 10/1/2011 - 10/7/2011 Oct 07, 2011 04:52PM
Report Criteria:
Report type: Summary
GL Check Check Vendor
Period Issue Date Number Number
Payee
Description
10/11 10/07/2011 5002 10350
10/11 10/07/2011 5003 30490
10/11 10/07/2011 5004 30500
10/11 10/07/2011 5005 31008
10/11 10/07/2011 5006 31137
10/11 10/07/2011 5007 40100
10/11 10/07/2011 5008 50120
10/11 10/07/2011 5009 60115
10/11 10/07/2011 5010 60650
10/11 10/07/2011 5011 70578
10/11 10/07/2011 5012 80220
10/11 10/07/2011 5013 130297
10/11 10/07/2011 5014 130840
10/11 10/07/2011 5015 160050
10/11 10/07/2011 5016 190350
10/11 10/07/2011 5017 190800
10/11 10/07/2011 5018 200150
10/11 10/07/2011 5019 200390
10/11 10/07/2011 5020 210232
10/11 10/07/2011 5021 210405
10/11 10/07/2011 5022 220200
10/11 10/07/2011 5023 230300
10/11 10/07/2011 5024 999921
Grand Totals:
ALPHA CARD
CENTERPOINT ENERGY
CENTURY LINK
COMCAST
CONNEXUS ENERGY
PAT DEVANEY
EMERGENCY APPARATUS MAI
FAIRVIEW PHARMACY SERVIC
FRATTALLONE'S HARDWARE S
GRAINGER
HAMLINE UNIVERSITY
MARTIN - MCALLISTER
MFSCB
PAETEC
SENTRY SYSTEMS, INC
ROBERT STAFKI
THOMAS MOTORS, INC
TWIN CITY GARAGE DOOR CO,
UNI- SELECT
UNIFORMS UNLIMITED, INC
VERIZON WIRELESS
WARGO NATURE CENTER
JESSE JUSCZAH
ALPHA CARD PRO DUO ID CAR
STATION 2 GAS
CENTERVILLE PHONE
INTERNET STATION 1
ELECTRIC STATION 1
BATTERY BACKUP
LADDER 21 PUMP TEST
MEDICAL SUPPLIES
MISC SUPPLIES
MOTOR
HSB PUBLIC SAFETY EDUCATI
RECRUITMENT ASSESSMENTS
FIREFIGHTER I CERT TEST
PHONES STATION 2
3RD QTR MONITORING STATIO
TRAINING SUPPLY
04 F150 REPAIR
STATION 2 DOOR
VEH PARTS
UNIFORMS
COMMUNICATIONS
SAFETY CAMP EXPENSE
REFUND TRAINING FEE
Check
Amount
2,170.00
33.06
55.82
188.00
432.29
42.79
2,445.09
207.26
27.76
234.96
1,300.00
4,400.00
75.00
164.51
95.60
73.98
89.44
1,820.50
15.04
107.68
52.04
100.00
435.00
14,565.82
M = Manual Check, V = Void Check
•
•
•
-13-
CENTENNIAL FIRE DISTRICT
Check Register - FIRE GL Page: 1
Check Issue Dates: 9/17/2011 - 9/30/2011 Oct 07, 2011 04:53PM
•
•
Report Criteria:
Report type: Summary
Check
GL Check Check Vendor Description Amount
Period Issue Date Number Number Payee
09/11 09/30/2011 2011009 210300 US BANK DP- AUGUST VISA 3,606.89
3,606.89
Grand Totals:
M = Manual Check, V = Void Check
•
•
•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
CITY COUNCIL WORK SESSION
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
DRAFT
CITY OF LINO LAKES
MINUTES
October 3, 2011
: October 3, 2011
. 5:50 p.m.
. 7:45 p.m.
: Councilmember Gallup, O'Donnell,
Rafferty, Roeser and Mayor Reinert
: None
Staff members present: City Administrator Jeff Karlson; Community Development
Director Michael Grochala; Director of Public Safety John Swenson; Public Services
Director Rick DeGardner; City Clerk Julie Bartell
16 1. City Hall Skate Park Closure (from 9/26 Open Mike) — Public Services Director
17 DeGardner reviewed his memorandum outlining the reasons for closure of the skate park.
18 Problems, including incidents of vandalism, have occurred about the skate park and
19 despite efforts to curb problems and gain information on those involved, the problems
20 continued. Therefore the Park Board voted unanimously to close the facility. He
21 acknowledges that it could be a small percentage of the people using the facility that are
22 causing the damages however, unless they can be stopped he recommends that the facility
23 remain closed.
24 Mayor Reinert remarked that the skate park came to fruition when he was a member of
25 the Park Board and he's sad to see it go because it is the type of thing that kids really
26 want now.
27 Zac Hoppe, Lino Lakes resident, noted that he supports keeping the park open. He
28 suggested that graffiti is really a part of nature of a skate park and it's going to happen.
29 The City of Centerville has installed cameras to monitor their skate park facility. Mr.
30 DeGardner responded that graffiti isn't something that all park users can tolerate; the city
31 cannot tolerate $4,000 in damages as those done to the park facilities.
32 Mayor Reinert noted that the skate park equipment is mobile and he wonders if it could
33 be moved to a more visible location. He wouldn't recommend an area close to residences
34 but perhaps some place where it could be watched better. Mr. Hoppe concurred with that
35 suggestion.
36 A council member questioned if vandalism is always met with closing of facilities. He
37 also noted that he spoke with a skate boarding neighbor who explained that there is an
38 element of art/attitude involved with the sport. He concurs with the idea of finding
39 another location for the facility — without it, the skateboarders will find other less
40 appropriate spots to board. He suggests that staff take a look at what other cities are
41 doing as well as involving the skateboarders in the discussion. The mayor suggested that
— 5—
CITY COUNCIL WORK SESSION October 3, 2011
DRAFT
42 the council have more discussion on the matter at a future meeting; Mr. Hoppe should be
43 kept up to speed.
44 2. Maintenance of Island at Civic Complex — Administrator Karlson noted that
45 there have been comments from council members and city residents about the garden area
46 outside the front door of city hall in that it doesn't appear to be well kept as a city facility
47 should. The area immediately next to the building and entrances are planned for, and in
48 some cases have received, irrigation, plantings and mulch. There are some sidewalk
49 improvements planned that require a delay in working on the area directly adjacent to the
50 council chamber walls. He understands that the Environmental Board is not in favor of
51 changes to the island in the front.
52 Council and mayor comments included that it appears to be too much of the "prairie
53 look" that isn't really appropriate for the front of a government building; the city has
54 development standards and the current landscape may not meet them; perhaps the
55 community would like to decide how the area should be handled.
56 Community Development Director Grochala explained that the City facility was built
57 within a park and was intended to blend in and embrace the natural environment where it
58 was being located. As far as landscaping standards, native areas are allowed although
59 they tend to look different and that can generate concerns. There actually was a study
60 done previously (2003) for the center island; there was no decision made to go forward at
61 that time. It suggested a hybrid situation with some formal planting beds.
62 A council member suggested that the city facility is the "people's place" and he thinks it
63 should be a first class facility. He sees weeds thinks the landscaping should be done more
64 professionally, including the whole city hall area, not just the island. There is natural
65 environment surrounding the building.
66 The council suggested getting input from both the Environmental Board and residents.
67 Public Services Director DeGardner suggested that landscaping changes wouldn't be too
68 complex but he recommends moving quickly if the council wishes to make changes;
69 landscaping costs in the fall are far less costly than in the spring. As far as maintenance
70 of the whole area, this has been a difficult period and it will be addressed better next year.
71 He can put together some ideas for council review at the next work session.
72 3. Organized Solid Waste Collection - Administrator Karlson noted that the
73 council recently received a letter from a city resident requesting consideration of
74 organized waste collection. He has provided some research information on the issue; he
75 was involved somewhat when the same matter was considered in the City of Coon
76 Rapids. It tends to be a passionate issue fueled by the haulers and people's general
77 concern about loss of choice. Looking at the research, it appears there are some
78 advantages to an organized system that are laid out in the research.
2
•
•
CITY COUNCIL WORK SESSION October 3, 2011 —1 6—
DRAFT
79 The mayor recalled that the matter was put to the people many years ago. The right to
80 choose is a big factor. A council member noted concern about involving government in
81 this role.
82 The council heard about the city's current system of limiting services to four companies
83 and having zones for daily pickups.
84 City resident Robert Bening noted that he is in favor of having organized pick up because
85 of the benefit of reduced truck traffic. One of the things that can be done is zoning -
86 divide the city into areas and let haulers bid to keep the competitive element. He also
87 suggested the possibility of having just one company do recycling.
88 A council member suggested that the subject is an individual decision rather than one
89 belonging to government. The mayor suggested that the council keep the discussion
90 going to see if there is another way rather than an all or nothing change. A council
91 member suggested that encouraging businesses to act to be more efficient (less trucks)
92 and save money could be the answer.
93 4. Weekly Progress Report — Administrator Karlson reviewed the report, indicating
94 that the list of items has grown since several items have been added during the course of
95 this meeting. There was discussion about the Early Childhood/Family Education Center
96 Lease and prospective tenants who could take that space when it is vacated.
97 The council briefly discussed the current Charter Commission appointment process. The
98 period for receiving applications for current openings will end on October 30. Also there
99 is one opening on the Planning and Zoning Board that will need to be filled.
100 5. Mayor and Council Salaries — Administrator Karlson noted that periodically the
101 council needs to review its salary level; the last time it was reviewed was 2007. In order
102 to consider a change, the council would have to adopt an ordinance (requiring two
103 readings) before the municipal election. The mayor suggested that an automatic
104 adjustment, perhaps tied to staff salary actions, would probably work best and be fair.
105 The City Administrator will work on an ordinance based on the council's discussion.
Review October 10 Council Agenda —Items on the agenda were reviewed.
106 6. g g
107 There were no g
changes to the regular Council agenda.
108
109 The meeting was adjourned at 7:45 p.m.
110
111 These minutes were considered, corrected and approved at the regular Council meeting held on
112 October 24, 2011.
113
114
115
116
117 Julianne Bartell, City Clerk Jeff Reinert, Mayor
3
•
•
•
COUNCIL MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
October 10, 2011 -18-
DRAFT
CITY OF LINO LAKES
MINUTES
October 10, 2011
6:30 p.m.
7:20 p.m.
Council Member O'Donnell, Rafferty,
Roeser, and Mayor Reinert
Council Member Gallup
Staff members present: City Administrator Jeff Karlson; Community Development Director Michael
Grochala; Director of Public Safety John Swenson; and City Clerk Julie Bartell
PUBLIC COMMENT
No one was present to address the council regarding a matter not on the agenda.
SETTING THE AGENDA
The agenda was approved as presented.
SPECIAL PRESENTATION
Dr. Keith Dixon, Superintendent of the Centennial School District — Dr. Dixon distributed written
information and spoke to the council about the statistics of the school district, the state of the district
and the district's partnership with the City of Lino Lakes. He also mentioned the levy question that
will appear on the fall ballot and he encouraged people to vote and to get the facts on the question.
Dr. Dixon also noted the district's decision to vacate space at city hall that has been used for an early
childhood learning facility; the decision to move is based on the district having other owned space
available making it inappropriate to lease space.
CONSENT AGENDA
Council Member Rafferty moved to approve the Consent Agenda, Items lA through 1H with the
exception of Item 1E. Council Member Roeser seconded the motion. Motion carried on a voice vote.
ITEM
Consideration of Expenditures:
ACTION
October 10, 2011 (Check No. 91702 —
91926, $203,583.57) Approved
September 26, 2011 Council Work Session
Minutes Approved
1
-1 9 COUNCIL MINUTES October 10, 2011
DRAFT
46
47 September 26, 2011 City Council Meeting
48 Minutes Approved
49
50 Resolution No. 11 -100, Temporary On -Sale Liquor
51 License for Lino Lakes YMCA Fundraising Event Approved
52
53 Resolution No. 11 -103, Election Judges Approved
54
55 September 26, 2011 Closed Council Session Minutes Approved
56
57 Application for Excluded Bingo Event, Aquinas Roman
58 Catholic Home Education Services Approved
59
60 Council Member Rafferty moved to approve Consent Agenda Item 1 E as presented. Council Member
61 Roeser seconded the motion. Motion carried on a voice vote. Council Member O'Donnell abstained.
62
63 September 22, 2011 Closed Council Session Minutes Approved
64
65 FINANCE DEPARTMENT REPORT, AL ROLEK
66
67 There was no report from the Finance Department.
68
69 ADMINISTRATION DEPARTMENT REPORT
70
71 There was no report from the Administration Department.
72
73 PUBLIC SAFETY DEPARTMENT REPORT, JOHN SWENSON
74
75 4A, 2nd Reading and adoption of Ordinance No. 19 -11, Amending Chapter 503 of the Lino
76 Lakes Code of Ordinances regarding Animal Control — Director of Public Safety Swenson
77 explained that this amendment to the City's animal control regulations was approved for first reading
78 on September 26, 2011. The changes stem from a recent enforcement action in the city. The
79 amendments basically remove the term "potential dangerous" and clarify that either an animal is
80 deemed dangerous or not. Also a hearing officer process is established to handle appeals. The
81 council will have the authority to designate the hearing officer.
82
83 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member Roeser
84 seconded the motion. Motion carried on a voice vote.
85
86 Council Member O'Donnell moved to approve the second reading and adoption of Ordinance No. 19-
87 11 as presented. Council Member Rafferty seconded the motion. Motion carried: Yeas, 4; Nays
88 none; Absent, 1 (Gallup).
89
90 Resolution No. 11 -101, Approving summary publication of Ordinance No. 19 -11
2
•
•
•
•
COUNCIL MINUTES October 10, 2011 —2 0—
DRAFT
91 Council Member Roeser moved to approve Resolution No. 11 -101 as presented. Council Member
92 Rafferty seconded the motion. Motion carried on a voice vote.
93
94 4B, 2nd Reading and adoption of Ordinance No. 20 -11, Amending Chapter 213, Subdivision 7,
95 of the Lino Lakes Code of Ordinances, regarding Unclaimed Property — Public Safety Director
96 Swenson noted that the changes proposed to Section 213.07 of the City Code relate to the disposal of
97 property by the City (such as forfeited property). The change would allow the city to leverage more
98 current technology to get the word out better and potentially increase revenues through more modern
99 sales techniques. Moving property quicker would also help with storage issues. The mayor offered
100 thanks to the new chief for bringing forward this improvement.
101
102 Council Member Roeser moved to waive the full reading of Ordinance No. 20 -11. Council Member
103 O'Donnell seconded the motion. Motion carried on a voice vote.
104
105 Council Member O'Donnell moved to approve the second reading and adoption of Ordinance No. 20-
106 11 as presented. Council Member Roeser seconded the motion. Motion carried; Yeas, 4; Nays none;
107 Absent, 1 (Gallup).
108
109 Consider Resolution No. 11 -102, Approving summary publication of Ordinance No. 20 -11.
110
111 Council Member Rafferty moved to approve Resolution No. 11 -102 as presented. Council Member
112 Roeser seconded the motion. Motion carried on a voice vote.
113
114 4C, Consider Resolution No. 11 -103, Authorizing assign one LLPD Officer to Drug
115 Enforcement Agency (DEA) Task Force — Public Safety Director Swenson reported that the
116 resolution seeks to authorize the assignment of one Lino Lakes police officer to the DEA Drug Task
117 Force. He explained the terms under which the officer would be assigned and the benefits to the city
118 (involvement in a regionwide effort and potentially funds captured through investigations). The
119 commitment to the program would be for three years. The Mayor remarked that he is supportive of
120 the program and is aware that the department isn't losing any strength due to the assignment because
121 an officer is returning from military service.
122
123 Council Member Roeser moved to approve Resolution No. 11 -103 as presented. Council Member
124 O'Donnell seconded the motion. Motion carried on a voice vote.
125
126 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
127
128 There was no report from the Public Services Department.
129
130 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
131
132 6A, Lake / Main Motor Fuel Station
133 i) Consider Resolution No. 11 -95, Amending an existing Conditional Use Permit for a motor fuel
134 station at 7997 Lake Drive — Community Development Director Grochala explained that the resolution
135 approves an amendment to the existing conditional use permit at this site to once again allow a motor
3
-21 COUNCIL MINUTES
DRAFT
October 10, 2011
136 fuel station (the site has been used as a fueling station back to 1977 - the storage tanks were removed i
137 2009). The Planning and Zoning board held a public hearing on the matter and recommended approval
138 with conditions included in the resolution (conditions were reviewed)
139 Council Member Rafferty moved to approve Resolution No. 11 -95 as presented. Council Member
140 Roeser seconded the motion. Motion carried on a voice vote.
141 Consider Resolution No. 11 -99, Authorizing execution of a Performance Agreement and
142 Stormwater Maintenance Agreement - Community Development Director Grochala explained the
143 additional agreements related to the fuel station.
Council Member O'Donnell moved to approve Resolution No. 11 -99 as presented. Council Member
Roeser seconded the motion. Motion carried on a voice vote.
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
There was no New Business.
COMMUNITY CALENDAR
Community Calendar- A Look Ahead
October 11, 2011 through October 24, 2011
Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Bd
4- 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
ADJOURN
There being no further business, the council meeting was adjourned by motion at 7:20 p.m.
These minutes were considered and approved at the regular Council Meeting, October 24, 2011.
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
•
•
•
STAFF ORIGINATOR:
MEETING DATE:
TOPIC
VOTE REQUIRED:
AGENDA ITEM 1D
Julie Bartell, City Clerk
October 24, 2011
Consider Resolution No. 11 -107, Approving a
Special Event and Parade /Run Permit for the
2011 Diva Dash 5K/10K Run
Simple Majority (3/5 Vote Required)
—22—
BACKGROUND:
The city has received an application for a special event and parade /run permit
submitted by Mark Bongers of Final Stretch, Inc. an event management company. Mr.
Bongers is planning a fundraising event that will benefit the Minnesota Ovarian Cancer
Alliance.
The event is the 2011 Diva Dash, a 5K/10K run starting at Rice Lake Elementary School
in Lino Lakes and running along the routes indicated on the attached maps. Most of
the route is within the park reserve although a small portion at the beginning of the race
will be on a city street. The applicant has obtained permission from Anoka County for
use of their facilities.
The Lino Lakes Police Department is working with the event planner to ensure that all
safety considerations are covered. The application has as well been reviewed by the
Centennial Fire District staff and their comments are incorporated into the instructions
being provided to the applicant. The applications, site plan and all background
information are available for review in the City Clerk's Office.
OPTIONS:
1. Approve Resolution No. 11 -107, Special Event and Parade /Run
Permit for the 2011 Diva Dash on November 12, 2011;
2. Deny approval of Resolution 11 -107
-23—
Council Member introduced the following resolution and moved its
adoption:
COUNTY OF ANOKA
CITY OF LINO LAKES
RESOLUTION NO. 11 -107
AUTHORIZING SPECIAL EVENT AND PARADE PERMIT
FOR 2011 DIVA DASH 5K/10K RUN
WHEREAS, Mark Bongers, of Final Stretch, Inc., has submitted an application for a
special event and parade /run permit for the 2011 Diva Dash 5K/10K Run; and
WHEREAS, the 2011 Diva Dash 5K/10K Run is a planned fundraiser for the
Minnesota Ovarian Cancer Alliance; and
WHEREAS, a portion of the planned run will be in the city of Lino Lakes; and
WHEREAS, the Lino Lakes Police Department and the Centennial Fire District has
reviewed the application and event plans; and
WHEREAS, the applicant has worked with the city and fire department on any
questions regarding the event plans and will continue to work with staff to address
additional concerns which may arise; and
WHEREAS, the applicant has paid the required fee for a parade /run permit and has
submitted proof of general liability insurance covering the event;
Now, Therefore, Be It Resolved by the City Council of The City of Lino Lakes:
That the City Council authorizes the proper city staff to issue a special event and
parade /run permit to Mark Bongers of Final Stetch, Inc. for the 2011 Diva Dash run
event that will be held on November 12, 2011.
Approved by the City Council of the City of Lino Lakes this 24th day of October,
2011.
ATTEST:
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
•
•
•
•
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.
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•
•
•
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND:
AGENDA ITEM 1E
Julie Bartell, City Clerk
October 24, 2011
Consider Approving Application for Exempt
Permit from Lawful Gambling License for St.
Joseph Catholic Church ((calendar raffle)
Simple Majority (3/5 Vote)
St. Joseph Catholic Church has applied for an exempt permit to offer a raffle calendar in
2012. The proceeds from this fundraising event will be used to sponsor education and
Knights of Columbus charities at St. Joseph's of the Lakes Church.
Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an
exemption from a gambling license if they conduct five (5) or fewer gambling occasions
per calendar year. St. Joseph Catholic Church conducts five (5) or Tess per calendar
and, therefore, remains exempt from requiring a gambling license. In the case of a
calendar raffle, all winners are drawn on one single day but the names are announced
throughout the year.
Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 requires that the non - profit
organizations applying for the exemption permit notify the city that they are applying for
the exemption and receive local approval.
The application and background materials are on file in City Clerk's office.
OPTIONS:
1. Adopt a motion approving the application for exemption with no waiting period
2. Deny the application for exemption.
RECOMMENDATION:
Option No. 1
•
•
•
AGENDA ITEM 1F
STAFF ORIGINATOR Marty Asieson
MEETING DATE October 24, 2011
TOPIC Consider Resolution 11 -110 Authorizing the
Certification of Delinquent Weed Abatement Charges to
be collected with 2011 Property Taxes Payable in 2012
VOTE REQUIRED Simple Majority (3/5)
Staff is bringing before the City Council delinquent weed abatement charges for
certification to the County Auditor for collection with the following year property
taxes. Affected property owners received certified, registered mailed notice of this
proceeding and have been allowed ample time to pay the delinquent charges.
Staff recommends that the City Council adopt Resolution 10 -92 authorizing the
certification of delinquent weed abatement charges to be collected with 2011
property taxes payable in 2012 at an interest rate of 8% per annum.
RECOMMENDATION
Staff Recommends Approval of Resolution No. 11 -110
ATTACHMENT
1. Resolution No. 11 -110
2. 2011 Weed Abatement Certification List Payable in 2012
Council Member introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -110
RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT WEED
ABATEMENT CHARGES TO BE COLLECTED WITH THE 2011 PROPERTY TAXES
PAYABLE IN 2012
WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any
lot or parcel of land in the City of Lino Lakes to a greater height than eight
(8 "), or which have gone or about to go to seed are declared to be a
nuisance, and
WHEREAS, certain property owners in noncompliance with such code requirements were
notified and provided the opportunity to comply with such provisions, and
WHEREAS, upon failure of the property owner to comply with the provisions of said
notice, the City Weed Inspector ordered the abatement of such nuisance, in
accordance with the City Code Section 904, and charged the property owner
thereof for expenses incurred by the City, and
WHEREAS, certain properties are delinquent in the payment of such charges, and
WHEREAS, the City Clerk has prepared a list of properties with delinquent charges to be
certified to the Anoka County Auditor for collection with the 2011 property
taxes, payable in 2012, and
WHEREAS, notice of such certification was mailed to affected property owners, and
WHEREAS, the City Council has met to consider the certification of such delinquent
charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota
that the Clerk is hereby authorized to certify the delinquent charges attached hereto as
Exhibit "A" to the Anoka County Auditor to be collected with the 2011 property taxes,
payable in 2012 at an interest rate of 8.00% per annum.
Jeff Reinert, Mayor
Julie Bartell, City Clerk
•
•
Adopted by the City Council of Lino Lakes, Minnesota this day of
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.
•
•
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ABATEMENT CERTIFICATION LIST PAYABLE IN 2012
PIN NUMBER
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109- 31 -22 -23 -0015
21- 31 -22 -23 -0001
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MEETING DATE
TOPIC
VOTE REQUIRED
BACKGROUND
AGENDA ITEM 1G
Al Rolek
October 24, 2011
Consider Resolution No. 11 -106 Authorizing the Certification of
Delinquent Water and Sewer Utility Charges for collection with 2011
Property Taxes Payable in 2012
Simple Majority (3/5)
Staff periodically brings before the City Council delinquent water and sewer utility charges for
certification to the County Auditor for collection with the following year property taxes. Affected
property owners received mailed notice of this proceeding and have been allowed ample time to
pay the delinquent charges.
Staff recommends that the City Council adopt Resolution No. 11 -106 authorizing the certification
of delinquent water and sewer utility charges to be collected with 2011 property taxes payable in
2012 at an interest rate of 8% per annum.
OPTIONS I
1) Adopt Resolution No. 11 -106
2) Return to staff for further review.
RECOMMENDATION
Option 1.
Council Member introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -106
RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT WATER AND
SEWER UTILITY CHARGES FOR COLLECTION WITH THE 2011 PROPERTY TAXES
PAYABLE IN 2012
WHEREAS, pursuant to City Code Section 401.29 and Section 402.14, Subd. 5, the
Clerk has prepared a list of properties having delinquent water and sewer
charges to be certified to the Anoka County Auditor for collection with the
2011 property taxes, payable in 2012, and
WHEREAS, notice of such certification was mailed to affected property owners, and
WHEREAS, the City Council has met to consider the certification of such delinquent
water and sewer charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota
that the Clerk is hereby authorized to certify the delinquent water and sewer charges as
indicated on the attached listing to the Anoka County Auditor to be collected with the
2011 property taxes, payable in 2012 at an interest rate of 8.00% per annum.
Jeff Reinert, Mayor
Julie Bartell, City Clerk
Adopted by the City Council of Lino Lakes, Minnesota this 24th 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.
•
•
•
•
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1 CITY OF LINO LAKES
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3
4 DATE : October 3, 2011
5 TIME STARTED : 5:30 p.m.
6 TIME ENDED : 5:50 p.m.
7 MEMBERS PRESENT : Council Member Gallup, O'Donnell, Rafferty,
8 Roeser, and Mayor Reinert
9 MEMBERS ABSENT : none
10
11 Staff members present: City Administrator Jeff Karlson; League of Minnesota Cities Attorney James
12 Monge; Director of Public Safety John Swenson; City Clerk Julie Bartell
13
14 NEW BUSINESS
15
16 Special Council Meeting, Sawh v. City of Lino Lakes, Hearing on Mr. Sawh's motion to modify
17 stay — Mayor Reinert read a statement indicating that the special meeting was being held to consider
18 the request of Mr. Sawh to consider his motion to modify the terms of the stay of disposition of his
19 dog Brody. He read a brief summary of the proceedings and decisions regarding the matter to date.
20 (recording on file). The mayor noted that neither Mr. Sawh nor his attorney were present.
21
22
23
24
25
26
27
28
29
30 The mayor noted that he is not inclined to allow the dog back into any Lino Lakes neighborhood. It's
31 bitten three times, including once inside the home. It has also bitten at the impound spot.
32
33 Council Member O'Donnell moved to deny the motion based on the finding of fact. Council Member
34 Roeser seconded the motion. Motion carried on a unanimous voice vote.
35
36 ADJOURN
37
38 There being no further business, Council Member Gallup moved to adjourn at 5:50 p.m. Council
39 Member Rafferty seconded the motion. Motion carried on a unanimous voice vote.
40
41 These minutes were considered and approved at the regular Council Meeting, October 24, 2011.
42
43
44 Julianne Bartell, City Clerk Jeff Reinert, Mayor
45
Attorney Monge explained the purpose of the council meeting and the council's options to act — to
deny the motion or grant the motion. The council's decision should be based upon balancing the
interest of Mr. Sawh in having the stay modifyed and the public interest in continuing to confine the
animal to the Otter Lake animal facility. He presented documents for the record: Mr. Sawh's letter
requesting modification of the stay; two letters sent to Mr. Sawh's attorney notifying him of the date
and time of the meeting; proposed findings of fact denying the motion to modify. He added that Mr.
Sawh is standing on the prior submissions to the council regarding this matter.
1
•
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AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Chief of Police
COUNCIL MEETING DATE: October 24, 2011
TOPIC: Council Resolution No. 11 -111,
Authorization to enter into a contract
for prosecution services with Geck,
Duea & Olson, PLLC
ACTION REQUIRED: Simple Majority
As part of 2012 City budgeting process Council directed staff to evaluate costs related
to prosecution services for potential cost savings; Staff met with representatives from
Sweeney, Murphy & Sweeney; Geck, Duea & Olson; and the Coon Rapids City
Attorney.
All three entities submitted proposals to Staff for consideration. Below is a table
comparing the proposals:
Vendor
Prosecution
Monthly
2012 Annual
Cost
Forfeiture *
ACE **
2013
Sweeney Murphy & Sweeney
$ 9,000.00
$ 108,000.00
$ 100.00
included
Geck Duea & Olson
$ 8,000.00
$ 96,000.00
$ 100.00
included
$ 96,000.00
City of Coon Rapids
$ 8,250.00
$ 99,000.00
$ 80.00
50/50 split
$ 102,000.00
* Any expenditures for work performed as part of forfeiture is billed to the appropriate forfeiture, not
the City's General Fund. Sweeney and Olson hourly rate does not include any proceeds from the sale of
forfeited property. City of Coon Rapids proposed an hourly rate plus 30% of any revenue from the sale
of any forfeited property.
** Sweeny and Olson proposals include any citation dismissal paperwork related to ACE Program. City
of Coon Rapids proposal offers Lino participation in CAP diversion program at 50/50 split of any
revenues.
RECOMMENDATION:
Staff recommends approval of Resolution No. 11 -111 authorizing Geck, Duea & Olson,
PLLC to serve as the prosecuting attorney for City of Lino Lakes.
ATTACHMENTS
• 1.
2. Council Resolution 11 -111
Geck, Duea & Olson Prosecution Services Proposal /Service Agreement
Council Member introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -111
RESOLUTION AUTHORIZING EXECUTION OF ENGAGEMENT LETTER FOR CITY
PROSECUTION SERVICES
Whereas, the city council directed staff to request proposals for prosecution
services for the city; and
Whereas, the law firm of Geck, Duea & Olson, PLLS submitted the lowest cost
proposal of $8,000 per month for prosecution services; and
Whereas, the city council directed staff to engage the firm of Geck, Duea &
Olson, PLLC to provide prosecution services for the city;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
That the mayor and city administrator be authorized to execute an engagement
letter with the law firm of Geck, Duea and Olson, PLLS.
Jeff Reinert, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 24th 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.
•
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•
PROSECUTION SERVICES PROPOSAL
CITY OF LINO LAKES
ROBB L. OLSON
GECK DUEA & OLSON, PLLC
4770 WHITE BEAR PARKWAY, SUITE 100
WHITE BEAR LAKE, MN 55110
Ph. 651 - 426 -1533
Fax 651 - 426 -9501
Email: robbolson @gdolaw.com
October 24, 2011
A. FIRM BACKGROUND
1. Brief History
Geck Duea & Olson, PLLC, has operated as a professional limited liability company
since July 1, 2010, when Robb Olson merged his practice with three other attorneys.
Prior to that time, Robb L. Olson and Douglas B. Meslow were partners from 1996 until
December of 2006, when Douglas Meslow was appointed as a district court judge in
Anoka County, where he currently sits as a judge.
Robb Olson has fifteen years experience as a criminal prosecutor for the cities of White
Bear Lake and Gem Lake. Robb Olson also has an extensive background in a variety of
civil matters, including estate planning and probate, business law, and family law. Our
firm has represented a broad range of clients in Anoka, Ramsey, Washington, Chisago,
Hennepin, and Dakota counties, as well as the Minnesota appellate courts.
2. Number of Attorneys
We have four attorneys and one law clerk. Robb Olson is a partner in the firm. Greg
Holly has recently become associated with the firm in an of counsel basis to assist with
prosecution work. Greg Holly has considerable experience in the area of criminal law
and criminal prosecution.
The firm is seeking to expand its prosecution practice. Robb Olson would serve as the
"lead attorney" for all work for the City of Lino Lakes, with assistance from Greg Holly.
It is likely that a full -time associate with prosecution experience will be hired if we are
awarded the Lino Lakes prosecution contract.
3. Support Personnel
Luke McClure is our prosecution assistant. Luke McClure has a bachelor's degree in
Criminal Justice from Metropolitan State University, and served as a Military Policeman
in the United States Marine Corps. Luke has extensive experience preparing criminal
complaints, interacting with court personnel, defense counsel and prosecution witnesses,
and dealing with various police entities, including the Minnesota State Patrol Office.
4. Office Location
The firm has a single office location near the 35E/Hwy. 96 exit at 4770 White Bear
Parkway, Suite 100, White Bear Lake, MN 55110.
2
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•
• 5. Use of Technology.
•
We are fully computerized with networked capabilities. We have up -to -date PC's
running the latest version of Windows, and utilize the Microsoft Office products
including Word and Excel. We use Outlook for calendaring of court dates and other
tasks. We are a registered user with MNCIS, the Minnesota Court Information System,
at the Odyssey Assistant level. We are seeking to expand our access to the record
management systems of the police agencies we currently serve, and are limited only by
the deficiencies of these systems. We subscribe to Westlaw, the leading computerized
legal research service. We are quite proficient at transmitting and editing documents
electronically, and are very comfortable with the use of scanning and email. We are
capable of filing complaints and other paperwork electronically as the various district
court administrators come on line with these programs.
6. Statement of Malpractice/Ethics Claims
Neither Robb Olson nor the firm has received any malpractice claims and/or ethics
complaints over the past five years. There are no actions pending or currently under
review by the State Ethics Board. In addition, we are not aware of any matters that are
likely to lead to the filing of a malpractice claim and /or ethics complaint.
7. Statement of 2011 billings
For the calendar year 2011, prosecution work will comprise approximately 10 -15% of the
firm's total billings, and comprises about 40% of Robb Olson's practice.
8. Malpractice Coverage
The firm carries malpractice insurance through Minnesota Lawyers Mutual, with limits of
liability of $1,000,000 per claim, and $3,000,000 aggregate.
9. Compliance with Federal and State Laws
The firm complies with all Federal and State Laws respecting civil rights.
3
—45—
-46—
B. ATTORNEY QUALIFICATIONS
ROBB L. OLSON
EDUCATION:
Law School University of Minnesota Law School, J.D., cum laude (1984)
Undergraduate Oral Roberts University, Tulsa, OK, B.A., Theological and
Historical Studies, magna cum laude (1981)
EMPLOYMENT:
U. S. Army (1975 -78)
Attained rank of Specialist 5 in the Finance Corp.
Fabyanske, Svoboda & Westra (1984 -88)
Associate attorney, with practice focused primarily on construction, real
estate and corporate law.
Regal Plastic Products, Inc. (1988 -96)
President/Part- Owner. Company had 85 employees, and was an $8
million supplier of precision plastic components to original equipment
manufacturers such as 3M Company, Illinois Tool Works, and Alliant
TechSystems.
Meslow & Olson, PLLC (1996 -2007)
Partner with practice focused on criminal prosecution, business law, estate
planning and family law.
Robb Olson Law Office, PLLC (2007 -2010 present)
Served as City Prosecutor for cities of White Bear Lake and Gem Lake.
Practice areas as outlined above.
Geck Duea & Olson, PLLC (2010 to present)
Partner, City Prosecutor for White Bear Lake and Gem Lake, also practice
in areas of business law, estate planning and probate, and family law.
OTHER:
Lecturer, White Bear Lake Police Department training
Minnesota State Bar Association
Anoka County Bar Association
4
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•
C.
Past Vice President, White Bear Lake Basketball Association
Member, White Bear Lake Area Rotary Club
PERSONAL:
Married with four adult children; resident of Lino Lakes. Activities
include bicycling, exercise, ballroom dancing, family. Member of Eagle
Brook Church.
REFERENCES AND CLIENT CONTACTS
City of White Bear Lake
(1996 to Present)
Tubman Family Alliance
Mark Sather, City Manager
Lynne Bankes, Police Chief
Jennifer Dickinson, Advocate
Michael Bromelkamp
Accountant /partner
Olsen, Thielen and Company, Ltd.
D. RESPONSIBILITES TO CITY
651- 429 -8516
651- 429 -8551
651- 789 -6720
651- 621 -8546
As the City Prosecutor, we serve at the appointment and direction of the City Council.
We are open to client input from the police department or city staff regarding the
performance of our prosecution work on the City's behalf. As the prosecutor, however,
we are bound by the code of ethics governing our profession to make an independent
judgment regarding the prosecution of any particular matter, without regard to political
concerns.
E. CONFLICT OF INTEREST
We do not believe that we have or currently represent any clients whose representation
may conflict with our ability to provide legal services to the City of Lino Lakes. We do
not currently represent any real estate developers. Should conflicts of interest arise on
any prosecution matters, we have normally been able to resolve these cases by referring
these matters to other prosecuting agencies at no additional cost to the City.
F. FEES
We propose charging a flat fee of $96,000.00 per year ($8,000 per month) for all
prosecution services, with no hourly charges. There would be no additional charge for
staff time, time spent with the ACE diversion program, or for periodic training sessions
with the police department. If desired, for information purposes detailed monthly billing
statements would reflect time spent in quarter -hour increments. In addition, all forfeiture
services would be charged at $100.00 per hour for attorney time. The above rates shall
be good for fiscal year 2012 and 2013 (two years).
We would also charge for photocopying expense at the rate of $0.15 per page, but
encourage the use of paperless handling of work as much as possible to reduce this cost.
Copying costs will not exceed $3,600 per year, but are anticipated to be less. There
would be no added charges for online research fees. The firm would advance and obtain
additional reimbursement from the City for any out -of- pocket costs, such as filing fees,
witness fees, service of process fees, couriers, and appeal costs.
Respectfully submitted,
Date: , 2011
Geck Duea & Olson, PLLC
Robb L. Olson ( #160775)
4770 White Bear Parkway, Suite 100
White Bear Lake, MN 55110
651- 426 -1533
The above proposal is hereby accepted by the City of Lino Lakes, and Robb Olson
of the law firm Geck Duea & Olson, PLLC, is appointed as the City Prosecutor.
Date: , 2011
Date: , 2011
Jeff Reinert, Mayor
John Swenson
Public Safety Director /Chief of Police
6
•
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•
•
AGENDA ITEM 4B
STAFF ORIGINATOR: John Swenson, Chief of Police
COUNCIL MEETING DATE: October 24, 2011
TOPIC: Resolution No. 11 -112, Authorization
to accept grant funding from Citizen
Corp Program
ACTION REQUIRED: Simple Majority
Last June the Police Department applied for a Citizen Corps grant to promote and
increase the use of volunteers throughout all City departments. On Tuesday afternoon
I was notified that Lino Lakes was awarded a one -year grant of $23,381 to increase the
Community Relations Coordinator position and $220 to cover the cost of training
materials for community emergency response training. The total grant award is
$24,051. Typically cities are notified of a grant award by August so that it can be
included in next year's budget. However, the state shutdown delayed award
notifications by two months.
Last year the Police Department was awarded grant funding to increase the Community
Relations Coordinator's hours to 35. The position is budgeted for 30 hours in 2012.
This grant would increase the position to 39.2 hours. The remaining .8 hours not
covered by this grant amounts to $520 in wages and benefits, which can be absorbed in
the 2012 department budget.
As a result of the strategic planning sessions this past May, two of the proposed
strategies are: (1) to increase the use of volunteers (Strategy I — Creative & Innovative
Solutions); and (2) to seek grant funding (Strategy V — Sustainable and Reliable
Financial Plan). With these objectives in mind the Police Department applied for grant
funding.
One of the initiatives in 2012 is to implement a document management software
program, which will involve hundreds of hours of document scanning. The additional
hours will enable the Community Relations Coordinator to coordinate volunteer help in
performing this task.
The outcomes required with the acceptance of this grant funding are as follows:
1. Planning and identification of potential emergency management volunteer
opportunities in other city departments;
2. Planning, organization, and presentation to citizen groups of potential volunteers;
3. Increase areas of volunteer involvement and interoperability with other city
departments;
4. Increase communication between the police department and other city
departments;
5. Increase the number of volunteers citywide;
6. Increase the Police Department's communication with the community through
social media and enhancements to the Police Department's webpage.
This grant funding is for one year and does not require any matching City funds.
Acceptance of these grant funds does not obligate the City to continue to fund the
Community Relations Coordinator position full -time beyond the prescribed grant
timeline.
RECOMMENDATION:
Staff recommends acceptance of $24,051 grant from the Citizen Corps Program.
ATTACHMENT:
Resolution No. 11 -112
•
•
•
•
Council Member
introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -112
RESOLUTION ACCEPTING $24,051 GRANT FROM MINNESOTA DEPARTMENT OF
HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR CONTINUED
SUPPORT OF THE VOLUNTEER PROGRAMS AND COMMUNITY EMERGENCY
RESPONSE TEAM
WHEREAS, The Lino Lakes Police Department has implemented a community
partnership in the form of volunteer programs and a Community
Emergency Response Team; and
WHEREAS, The Minnesota Department of Homeland Security and Emergency
Management has awarded the City of Lino Lakes additional grant funds in
the amount of $24,051.00 in support of advancing this partnership effort;
• NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do
hereby accept the grant of $24,051.00.
•
Jeff Reinert, Mayor
Julie Bartell, City Clerk
Adopted by the Lino Lakes City Council this 24th 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.
•
•
•
-52-
AGENDA ITEM 6A
STAFF ORIGINATOR: Mary Divine
MEETING DATE: October 24, 2011
TOPIC: Consideration of Resolution No. 11 -105 Approving Twin City
Gateway Budget for 2012
VOTE REQUIRED: 3/5
BACKGROUND
Twin Cities Gateway (TCG), the Tourism Bureau serving the northeast metro area, has
established its 2012 budget. According to its by -laws, the annual budget shall be
reviewed by each member city.
The tourism bureau was established in 2010 and is supported by a 3% hotel tax. The
main purpose is to increase the number of visitors to area hotels, which in turn helps
support shopping, dining and recreation venues in each city. Barb White, sales director
at the Lino Lakes Hampton Inn & Suites, said that year to date, they have over 1,200
more room nights then they did last year at this time. Much of the positive impact is
because as part of the tourism bureau, they are a preferred hotel for the National Sports
Center in Blaine, which is Minnesota's second largest attraction next to the Mall of
America.
Twin Cities Gateway 2012 Budget summary:
• FY2011 revised budget: $621,000.
• FY2012 Approved Budget: $625,200
• FY2012 Operating and Marketing Expenditures: $634,200
• FY2012 Projected Fund Reserve: $308,992
•
The bulk of 2012 revenues will be spent for operations; sports marketing, regional
destination marketing and a regional marketing grant program. The TCG also provides
fyearly grants to help support each community's annual festival.
Requested Council Direction
1. Approve Resolution No. 11 -105 Approving the 2011 Budget for MN Metro North
Tourism.
2. Do not approve the budget.
Attachments:
1. Resolution No. 11 -105
2. Twin City proposed budget for 2012
3. Executive Summary of 2012 Budget
4. Summary of Cities Hotel Tax Collection through June 2012
-53—
Council Member introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -105
RESOLUTION APPROVING TWIN CITIES GATEWAY BUDGET FOR 2012
WHEREAS, the City of Lino Lakes approved the creation of Chapter 607 of the City Code Relating
to a Tax Imposed upon Lodging on October 12, 2009; and
WHEREAS, the Lodging Tax is to be used to support Twin Cities Gateway for the purpose of
promoting and marketing the participating Member Cities; and
WHEREAS, Article XV, Section 6 of the MN Metro North Tourism By -laws state that the annual
budget of estimated income, income expense and capital expense shall be approved by the Board
of Directors and submitted to a Member City's city council;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that:
The Lino Lakes City Council adopts this resolution supporting the Twin Cities Gateway budget for
2012.
Adopted by the Lino Lakes City Council this 24th 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.
•
•
•
•
•
—54—
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TWIN CITIES
GATEWAY
Anoka / Blaine / Coon Rapids / Fridley/ Ham Lake / Lino Lakes / Mounds View / New Brighton / Shoreview
Twin Cities Gateway FY12 Budget
Executive Summary
Overview —
In general, lodging tax receipts for the nine member cities of the Twin Cities Gateway continue to
increase. The organization is projecting a budget increase of approximately six (6 %) per cent for FY12.
In accordance with the Board of Directors' stated goal of maximizing marketing and promotional
opportunities, while minimizing administrative and overhead expenses, the FY12 budget allocates 79%
to marketing and promotion and 21% to administrative and overhead expenses. Note: This ratio of
marketing to administrative expenses is significantly higher than that of comparable organizations.
Line Item Budget Descriptions:
• Management Contract — expenses associated with the day -to -day management and operation
of the organization. Note: 2010 management contract expenses were for a partial year.
• Other Administrative Costs — budgeted to provide contract services, as needed / if necessary
• Website Enhancement — on going development / enhancement of www.tcgateway.com
• On -line Marketing — search marketing programs to drive traffic to the TCG website
• Promotions / Collateral Materials — regional maps / promotional materials
• Public / Media Relations — to increase the awareness / recognition of Twin Cities Gateway
• New Venue / Public Facilities Promotion — marketing and promotional activities to promote
investments made by member cities, or public entities, such as the new Expo Center at the
National Sports Center.
• Community Festivals & Events Grants — grants to promote signature events in member cities.
Grant amounts are based on the overall % of TCG lodging taxes generated by the member city.
• Meetings & Conferences Marketing & Promotion — marketing and promotional activities to
increase the number of meetings and conference held within the Twin Cities Gateway region.
• MMNT Regional Destination Marketing — marketing and promotional activities targeted
primarily to prospective leisure travelers and visitors to the Twin Cities Gateway region.
• Sports Marketing— partnership marketing agreement with the National Sports Center in Blaine
to increase the number of sporting events, tournaments, participants, and attendees.
• Regional Grant Program — grant program for non - profit organizations and public entities to
create new events / increase participation in existing events that will have economic impacts for
more than one member city in the Twin Cities Gateway region.
•
•
•
•
•
•
Total Cis Summary 2910 7011
Hula Tux Cast iu m* Amt ikon* Angus t
Y1l1T 95%
City ofAnoka $ 5,71922 $ 3795.98 -42%.
City of Blaine $ 37,413.67 $ 42,983 ,44 1&%
Gilt' ofGoari Rapids $ 110,49493 $ 118,584.93 77
City of Fridley $ 20,645.07 $ 22,941.13 t1%
Gay of Ham tats $ 11,06226 $ 11,1 9517 1%
City °filar)rtales $ 26,736.09 $ 32,339.10 21%
City of&founds View $ 32,237.18 $ 35;431 2 5 10%
City of New Brighton $ 16,826.94 $ 50 093.59 2@2%
Cider of gh y w $ 132,93931 $ 141,11910 6%
To $ 394,07558 $ 458/84.87 114%
•
•
•
—57—
AGENDA ITEM 6B
STAFF ORIGINATOR: Michael Grochala
CITY COUNCIL
MEETING DATE: October 24, 2011
TOPIC:
Consideration of Resolution No. 11 -108
Adopting Assessment - I35E /CSAH 14
Interchange
ACTION REQUIRED: 3/5 Vote
BACKGROUND
On September 26, 2011 the City Council approved Resolution No. 11 -97 calling the
hearing on the proposed assessment for the for the I35E /CSAH 14 Interchange
improvement project. The total cost of the project was $19,817,833. The total
proposed to be assessed is $4,206,010. This is approximately $1,300,000 below the
original assessment amount proposed at the July 2009 public hearing on improvements.
The assessment was distributed over approximately 930 acres encompassing 55
properties. The property assessment rate was determined by evaluating several factors
including proposed and use, existing land use and public utility staging in accordance
with the City's Comprehensive Plan. The applicable square foot rate was then applied
to the developable acreage of each parcel to determine the assessment amount.
The City initially worked with an appraisal firm to review the assessment methodology
and develop the assessment formula. Following completion of the improvements, an
appraisal firm was also used to review the assessment rates and specifically the
relationships between the individual assessment rate classes. In general, the
relationships between similar property types and their proximity to the improvements as
well as the relationship between property classes were consistent with ratios typically
found in the market for land values.
The proposed assessments will be spread over 15 years with an interest rate of 5 %.
However, state law does provide the city council with the authority to defer special
assessments for unplatted /undeveloped land. While not required to do so, the council
previously evaluated this option as part of the financial considerations for the project.
Accordingly, a provision for the deferral of unplatted /undeveloped land has been
incorporated into the resolution adopting the assessment. The resolution also identifies
all parcels for which the assessments are proposed to be deferred. The deferral will
terminate upon the platting of the property, or development of the buildings on the site
consistent with the proposed land use.
Although the principal assessment is deferred, interest will accrue. While the council
has the option to delay accrual of interest, the City's financial pro forma for the project
does not accommodate that option.
Regardless of the deferral options, a property owner may pay the entire assessment on
the property with interest accrued to the date of payment to the City. However, no
interest will be charged if the entire assessment is paid within 30 days of the adoption of
the assessment.
Property owners will have the opportunity to comment on the proposed assessment
during the public hearing. A letter received on October 17, 2011 has been attached for
council review.
RECOMMENDATION
Staff is recommending approval of Resolution No. 11 -108.
ATTACHMENTS
1. Resolution No. 11 -108
2. Assessment Unit Cost Table
3. Letter from Paul Miller
2
•
•
•
• Council Member introduced the following resolution and moved its
adoption:
•
COUNTY OF ANOKA
CITY OF LINO LAKES
RESOLUTION NO. 11 -108
ADOPTING ASSESSMENTS
I -35E /CSAH 14 INTERCHANGE
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met
and heard and passed upon all objections to the proposed assessment for the
improvement of the I -35E /CSAH 14 Interchange between 21st Avenue and Otter Lake
Road by bridge replacement and widening, roadway replacement and widening,
reconstruction of existing freeway ramps and construction of new ramps, installation of
traffic control signals, improvement to local road connections and construction of
pedestrian /bicycle facilities
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto, as Exhibit A, and
made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of 15 years, the first of the installments to be payable on or before the first Monday
in January 2012, and shall bear interest at the rate of 5 percent per annum from the date
of the adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until December 31,
2012. To each subsequent installment, when due, shall be added interest for one year on
all unpaid installments.
3. Notwithstanding Paragraph 2 above, the assessments against the following
unimproved properties are hereby deferred pursuant to Minn. Stat. § 429.061, subd. 2:
EXHIBIT B
If any unimproved parcel on which assessments are deferred hereunder is platted
subsequent to the date of this resolution, or a structure or structures are erected on said
parcel, the deferral shall terminate, and the entire balance of the payment, with accrued
interest, shall be spread over a number of years equal to 30 minus the number of years
between the date of this resolution and the event giving rise to termination of the deferral
(a part of a year shall constitute one year). If no event giving rise to termination of the
deferral occurs by the 30th anniversary of the date of this Resolution, the entire balance
deferred, with accrued interest, shall become fully due and payable. The City Clerk is
hereby directed to record with the County Recorder certifications identifying each of the
unimproved parcels on which assessments are hereby deferred, as well as the deferral
amount(s).
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property,
with interest accrued to the date of payment, to the City, except that no interest shall be
charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he /she may, at any time thereafter, pay to the City the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the next succeeding year.
5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall be
collected and paid over in the same manner as other municipal taxes.
Approved by the City Council of the City of Lino Lakes this 24th 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.
RRM: 155045/Imj
4
•
•
EXHIBIT "A"
CSAH I -35E /CSAH 14 Interchange
Final Property Assessment Roll
PIN
OWNER
TOTAL ASSESSMENT
133122230004
EAST LINO LAKES LLC
$206,702
133122210003
EAST LINO LAKES LLC
$146,936
133122330001
EAST LINO LAKES LLC
$195,059
133122230003
EAST LINO LAKES LLC
$198,618
133122310001
EAST LINO LAKES LLC
$193,574
123122340003
EAST LINO LAKES LLC
$142,372
133122340001
EAST LINO LAKES LLC
$187,274
133122210004
EAST LINO LAKES LLC
$119,571
133122320001
EAST LINO LAKES LLC
$102,196
133122310002
EAST LINO LAKES LLC
$94,547
123122330004
EAST LINO LAKES LLC
$34,934
243122210001
ALINO LLC
$198,881
243122240007
LESSARD PROPERTY MANAGEMENT
$2,637
243122240002
REHBEIN GERALD L
$5,617
243122240008
REHBEIN GERALD L
$6,440
243122240009
REHBEIN GERALD L
$124,237
243122310001
REHBEIN PROPERTIES
$152,400
243122340001
REHBEIN PROPERTIES
$75,916
243122240005
WILLIAMS ROBERT
$9,743
243122430007
ARNT EUGENE
$2,053
243122420009
ARNT EUGENE
$2,678
243122420016
ARNT EUGENE
$5,076
243122420006
ARNT INVESTMENTS LLC
$3,131
243122430015
ARNT INVESTMENTS LLC
$7,168
243122140003
CONST LABOR EDUC & TRAIN FUND
$21,445
243122430011
GARGARO PROPERTIES LLC
$15,945
243122410009
LINO LAKES LLC
$314
243122410010
LINO LAKES LLC
$25,721
243122410008
LINO LAKES LLC
$56,349
243122440001
LINO LAKES LLC
$110,667
243122130006
LINO LAKES STATE BANK
$5,614
243122430006
MARTINEK RICHARD & CHERYL
$11,987
243122420012
MILLER PAUL K
$14,019
243122430014
MILLER PAUL K
$30,503
243122420004
PKM OF ANOKA COUNTY LLC
$39,445
243122430013
NORTHERN DEVELOPMENT LLC
$6,847
243122430010
OTTER HOLDING COMPANY LLC
$10,220
243122430009
SCANLAN WAYNE D
$2,192
243122130002
CLINO LLC
$11,479
243122130005
CLING LLC
$221,852
243122140002
TAYLOR CORP
$31,531
133122440001
BERNIER FAMILY FARM LLC
$242,480
243122110006
CM PROPERTIES 14 LLC
$135,120
133122430002
DALE PROPERTIES LLC
$17,612
133122410005
DALE PROPERTIES LLC
$40,003
133122420001
DALE PROPERTIES LLC
$49,840
133122410003
GRAETZER DAVID H
$17,903
133122410004
MC NEAL DENISE L & ROBERT
$17,332
243122110005
REHBEIN PROPERTIES
$136,341
243122120001
BLINO LLC
$212,314
133122120002
WINTER LESTER J & DEIDRA A
$9,569
133122110001
WINTER LESTER J & DEIDRA A
$37,794
133122140001
WINTER LESTER J & DEIDRA A
$42,835
133122130002
WINTER LESTER J & DEIDRA A
$48,289
113122410004
EAGLE BROOK CHURCH WH BEAR LK
$364,684
CSAH 14/I -35E Interchange Improvement
-61-
10/4/2011
EXHIBIT B
PIN
OWNER
133122230004
EAST LINO LAKES LLC
133122210003
EAST LINO LAKES LLC
133122330001
EAST LINO LAKES LLC
133122230003
EAST LINO LAKES LLC
133122310001
EAST LINO LAKES LLC
123122340003
EAST LINO LAKES LLC
133122340001
EAST LINO LAKES LLC
133122210004
AST LINO LAKES LLC
133122320001
E ST LINO LAKES LLC
133122310002
EA •T LINO LAKES LLC
123122330004
EA T LINO LAKES LL
243122210001
SCH "EIER RICHARD 4
243122240002
REHB • IN GERALD
243122240008
REHB N PROPER IES
243122310001
REHBEI PROPERTIES
243122340001
REHBEI PROP -'TIES
243122430007
ARNT EUC NE
243122420016
ARNT E U G . N
243122430015
ARNT INVES ENTS LLC
243122410009
LINO LAKES , C
243122410010
LINO LAKE LL
243122410008
LINO LAK LLC
243122440001
LINO LA S LLC
243122130006
LINO LA, ES STAT' BANK
243122430014
MILLE' -AUL K
243122420004
MILLE' PAUL K
243122430010
OTT ' HOLDING CO ANY LLC
243122130002
SCH "EIER RICHARD J
243122130005
SC REIER RICHARD J
133122440001
B NIER FAMILY FARM LAC
243122110006
CPI PROPERTIES 14 LLC
133122430002
[VALE PROPERTIES LLC
133122410005
DALE PROPERTIES LLC
133122420001
`DALE PROPERTIES LLC
133122410003
GRAETZER DAVID H
133122410004
MC NEAL DENISE L & ROBERT
2431 221 1 0005
REHBEIN PROPERTIES
243122120001
;
SCHREIER RICHARD J
133122120002
WINTER LESTER J & DEIDRA A
133122110001
WINTER LESTER J & DEIDRA A
133122140001
WINTER LESTER J & DEIDRA A
1331221300102
WINTER LESTER J & DEIDRA A
5
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EXHIBIT B
PIN
OWNER
133122230004
EAST LINO LAKES LLC
133122210003
EAST LINO LAKES LLC
133122330001
EAST LINO LAKES LLC
133122230003
EAST LINO LAKES LLC
133122310001
EAST LINO LAKES LLC
123122340003
EAST LINO LAKES LLC
133122340001
EAST LINO LAKES LLC
133122210004
EAST LINO LAKES LLC
133122320001
EAST LINO LAKES LLC
133122310002
EAST LINO LAKES LLC
123122330004
EAST LINO LAKES LLC
243122210001
ALINO LLC
243122240002
REHBEIN GERALD L
243122240008
REHBEIN GERALD L
243122310001
REHBEIN PROPERTIES
243122340001
REHBEIN PROPERTIES
243122430007
ARNT EUGENE
243122420016
ARNT EUGENE
243122430015
ARNT INVESTMENTS LLC
243122410009
LINO LAKES LLC
243122410010
LINO LAKES LLC
243122410008
LINO LAKES LLC
243122440001
LINO LAKES LLC
243122130006
LINO LAKES STATE BANK
243122430014
MILLER PAUL K
243122420004
PKM OF ANOKA COUNTY LLC
243122430010
OTTER HOLDING COMPANY LLC
243122130002
CLINO LLC
243122130005
CLINO LLC
133122440001
BERNIER FAMILY FARM LLC
243122110006
CM PROPERTIES 14 LLC
133122430002
DALE PROPERTIES LLC
133122410005
DALE PROPERTIES LLC
133122420001
DALE PROPERTIES LLC
133122410003
GRAETZER DAVID H
133122410004
MC NEAL DENISE L & ROBERT
243122110005
REHBEIN PROPERTIES
243122120001
BLINO LLC
133122120002
WINTER LESTER J & DEIDRA A
133122110001
WINTER LESTER J & DEIDRA A
133122140001
WINTER LESTER J & DEIDRA A
133122130002
WINTER LESTER J & DEIDRA A
•
•
City of Lino Lakes, Minnesota
I -35E /CSAH 14 Interchange Improvments
Assessment Unit Cost
PROPERTY CLASS
UTILITY STAGE
UNIT COST
1A
$0.22
Commercial
1B
$0.17
2A
N/A
Commercial - Existing
1A
$0.09
1B
N/A
2A
N/A
Industrial
1A
$0.07
1B
N/A
2A
$0.04
Industrial - Existing
1A
$0.04
1B
N/A
2A
N/A
Mixed -Use
1A
$0.12
1B
$0.09
2A
N/A
Institutional - Existing
1A
N/A
1B
N/A
2A
N/A
3
$0.14
-64-
'auCX. Stier
10/13/011
City of Lind Lakes
600 Town Center Parkway
Lino' Lakes , MN 55014 -1182
Gentlemen;
I am writing about the assesments of $30,503.00 on
the property you describe as 243122430014. As you can
see from the enclosed site plan this 10.4 ac re tract
has no connection to any access road and is currently
used for agricultural purposes. The real estate taxes
assessed by Anoka County in the amount of $11,713.79
were revised downward to the status of agricultual land
reducing the tax valuation from 390,000.00 to $106,600.00.
A copy of a letter from Anoka County stating the adjustment
is enclosed as a matter of reference. I would appreciate
it if you would review the matter and arrive at a number
that agricultural land can afford,
I note that the "Acton Site" which consits of ten
acres (tax I. D. #2431224.20012)has a proposed levy of
$14,019,00 whine the 14.Of acre tract (tax I, D. Number
243122420004 Has a pr- oposed levy of $39,445,00. The 14.04
acre tract has had the frontahe road removed which I
presume was a requirement for the interchange job. Access
to the property cam only he made through. what I believe is
a private road to the Arnt property located to the south
and the "Acton site" located to the north., As an 88 year
old retiree living on a relatively fixed income I would
like some consideration to reduce thelevy, perhaps to the
same as the Acton site. My oeverall tax load has to hear
some relationship to my income to cover the costs of hold -.
ing this non income producing property, As an aside I can
not help but notice what appears to be a reasonable assess-
ment on the two parcels of land owned by Gene Arnt that
front on the new county road, I have marked them to your
attention on the enclosed plot plan,
Y°-urs respectfully
t'S1 cfrr
Paul K. Miller
1100 Jardin Drivc ' Naglcs, FL 34104 ' Ph6ne (239) 434 -6915 ' Fax (239) 434 -0928.
-65-
CSAH I- 35E/CSAH 14 Interchange
roperty Assessment Roll
PIN
OWNER
TOTAL ASSESSMENT
133122230004
EAST LINO LAKES LLC
$206,702
133122210003
EAST LINO LAKES LLC
$146,936
'133122330001
EAST LINO LAKES LLC
$195,059
133122230003
EAST LINO LAKES LLC
$198,618
133122310001
EAST LINO LAKES LLC
$193,574
123122340003
EAST LINO LAKES LLC
$142,372
133122340001
EAST LINO LAKES LLC
$187,274
1.33122210004
EAST LINO LAKES LLC
$119,571
133122320001
EAST LINO LAKES LLC
$102,196
133122310002
EAST LINO LAKES LLC
$94,547
123122330004
EAST LINO LAKES LLC
$34,934
243122210001
ALINO LLC
$198,881
243122240007
LESSARD PROPERTY MANAGEMENT
. $2,637
243122240002
REHBEIN GERALD L
$5,617
243122240008 ''
REHBEIN GERALD L
$6,440
243122240009
REHBEIN GERALD L
$124,237
243122310001
REHBEIN PROPERTIES -
-
$152,400
243122340001
REHBEIN PROPERTIES
$75,916
243122240005
WILLIAMS ROBERT
$9,743
243122430007
ARNT EUGENE
$2.,053
243122420009
ARNT EUGENE
$2,678
243122420016
ARNT EUGENE
$5,076
243122420006
ARNT INVESTMENTS LLC
$3,131
243122430015
ARNT INVESTMENTS LLC
$7,168
243122140003
CONST LABOR EDUC & TRAIN FUND
$21,445
243122430011
GARGARO PROPERTIES LLC
$15,945
243 1 2241 0009
LINO LAKES LLC
$314
243122410010
LINO LAKES LLC
$25,721
243122410008
LINO LAKES LLC
$56,349
243122440001
LINO LAKES LLC
$110,667
243122130006
LINO LAKES STATE BANK
$5,614
243122430006
MARTINEK RICHARD & CHERYL
$11,987
243122420012
MILLER PAUL K pc r6N
5's
$14,019
243122430014
MILLER PAUL K
1t1, `i Pc:rr F
$30,503
243122420004
PKM OF ANOKA COUNTY LLC
iu: Cry "�
$39,445
243122430013
NORTHERN DEVELOPMENT LLC
$6,847`
243122430010
OTTER HOLDING COMPANY LLC
$10,220
243122430009
SCANLAN WAYNE D
$2,192
243122130002
CLINO LLC
. $11,479
243122130005
CLINO`tLC ' :
$221.;852.
243122140002
TAYLOR CORP
$31,531
133122440001
BERNIER FAMILY FARM LLC
$242,480
243122110006
CM PROPERTIES 14 LLC
$135,120
133122430002
DALE PROPERTIES LLC
$17,612
133122410005
DALE PROPERTIES LLC
$40,003
133122420001
DALE PROPERTIES LLC
$49,840
133122410003
GRAETZER DAVID H
$17,903
133122410004
MC NEAL DENISE L & ROBERT
$17,332
243122110005
REHBEIN PROPERTIES
$136,341
243122120001
BLINO LLC
$212,314
133122120002
WINTER LESTER J & DEIDRA A
$9,569
133122110001
WINTER LESTER J & DEIDRA A
$37,794
133122140001
WINTER LESTER J & DEIDRA A
$42,835
133122130002
WINTER LESTER J & DEIDRA A
$48,289
113122410004
EAGLE BROOK CHURCH WH BEAR LK
$364,684
10/4/2011
CSAH 14/I -35E Interchange Improvement
October 26, 2010
Paul Miller
1100 Jardin Drive
Naples, FL. 34104
COUNTY OF AN
'O KA
PROPERTY RECORDS AND TAXATION DIVISION
GOVERNMENT CENTER • 2100 3RD AVENUE • ANOKA, MN 55303
FAX (763) 323 -5421
• Property Assessment
• Property Records and Public Service
• Property Tax Accounting and Research
I revalued your property located at pin# 24- 31 -22 -43 -0014 and classified your property as
agriculture even though it is zoned industrial, the classification is based on the use of the
property. The value of this property is now at $106,600 for the pay 2012 year.
Please let me know if you have any questions.
S' erely,
ohn Leone
Senior Appraiser
Anoka County
763 - 323 -5488
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October 21, 2011
HAND DELIVERED
Julie Bartell
City Clerk
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Assessments for I -35E /CSAH 14 Interchange
Dear Ms. Bartell:
We are writing regarding the proposed special assessment against Eagle Brook Church's
property for the I -35E /CSAH 14 Interchange Project. We support the improvements and
have no objection to paying a fair share of the cost of the project. However, the amount
of the proposed assessment against the Eagle Brook property is approximately 9% of the
total amount assessed, which greatly exceeds a fair share of the project costs.
The amount of the assessment may not exceed the benefit conferred by the project. In
this case, the project does not confer significant benefit to our property, and the proposed
assessment exceeds that benefit. Eagle Brook Church attendance is already at or near
capacity, so the project will not result in growth for the Church. Consequently, the
completion of the project has little impact on the fair market value of the property.
The benefit conferred by a project is measured by the value of the property before and
after the completion of the project. The assessment unit cost assigned to our property
does not appear to bear any relationship to any increase in the value of our property
because of the interchange project. In addition, Eagle Brook Church is the only property
classified as "Institutional — Existing." A unit cost of $0.14 is assigned to that
classification, the third highest unit cost. Even if one assumes that the amount of the
assessment should be based on unit costs, the unit cost assigned to Eagle Brook Church is
too high, especially given the unit costs assigned to the other property classifications.
Among other things, only part of our property has been developed. At a minimum, the
part of our property that has not been developed should be assessed at a lower unit cost
than the developed portion of our property.
As a non - profit organization, we are concerned that we are being asked to shoulder more
of the burden of the project costs than other properties and stakeholders in the
community. This project is regional in nature. The homeowners and businesses of
Centerville, Hugo and the surrounding communities will benefit as much, and in many
cases far more, than Eagle Brook Church. However, only a limited number of adjacent
and nearby properties are being assessed for this project. The other benefited
stakeholders are not being required to contribute to the project.
Eagle Brook Church has, in the past, spent a significant amount of money to improve this
intersection and may, in the future, be asked to pay for another interchange at 80th Street
East. In 2005, Eagle Brook Church paid nearly $100,000.00 to expand the turn lanes on
the exit ramp on the northbound lane of 35E at CSAH 14. Eagle Brook Church bore the
entire cost of this improvement, even though the entire community has benefited from
this improvement. In addition, Eagle Brook Church understands that an interchange is
planned for 80th Street East, which is closer to our property than is CSAH 14. It is unfair
to expect Eagle Brook Church to pay a significant share for both of these projects.
Eagle Brook Church generates significant traffic only twice per week, Saturday night and
Sunday mornings. Both of these days are off -peak times for interchange use. The higher
traffic volume is short lived (roughly 15 minutes) and is primarily after services, as
opposed to prior to services when traffic is more dispersed. During peak times on week
days, Eagle Brook Church generates little traffic. The traffic that Eagle Brook Church
generates will not grow significantly in the next 10 years. However, the traffic for the
surrounding businesses and housing development will grow, and those businesses and
developments will benefit substantially from the interchange. The retail and commercial
entities that are close to the interchange will benefit the most, yet most are being assessed
at a lower rate than Eagle Brook Church.
This letter will serve as our objection to the proposed assessment for the project because,
among other things, the amount of the proposed assessment exceeds the benefits
conferred by the project.
We would be glad to meet with the City to further discuss alternatives and options for
addressing the amount of the assessment. Thank you for your consideration.
Sincerely,
EAGLE BROOK CHURCH
Jerry Broecker
Executive Director of Operations
cc: Michael Grochala
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'"Pfe‘k etimAui U 1(12.1 it
ROONEY& NEILSON, LTD.
Attorneys at Law
1257 Gun Club Road
White Bear Lake, Minnesota 55110 -3379
Thomas J. Rooney
Larry Neilson
Honorable Jeff Reinert
Mayor of the City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
October 24th, 2011
Dear Mayor Reinert and Ms. Bartell:
Telephone (651) 481 -9222
Telefax (651) 481 -7038
E- mail. tom @rooneyneilson.com
larry@rooneyneilson. com
Ms. Julie Bartell
City Clerk of Lino Lakes
Re: PIN No. 243122240002 ($5,617) Gerald L. Rehbein
PIN No. 243122240008 ($6,440) Gerald L. Rehbein
PIN No. 243122240009 ($124,237) Gerald L. Rehbein
PIN No. 243122310001 ($152,400) Rehbein Properties
PIN No. 243122340001 ($75,916) Rehbein Properties
PIN No. 243122110005 (136,341) Rehbein Properties
Please accept this letter as the written objection of Gerald L. Rehbein, T & G Properties, Inc. and Rehbein
Properties to the assessments for the CSAH I -35E /CASH 14 Interchange proposed in the Final Property
Assessment Roll attached to this letter, marked as 'Exhibit A'.
Mr. Rehbein believes that the amounts assessed to him exceed the benefits, if any, to the properties
being assessed. He also believes that the amounts assessed exceed the costs of the project to the City
of Lino Lakes. He further believes that the Unit Costs and Utility Stages contained in 'Exhibit B' attached
to this letter have resulted in his properties being assessed at higher rates than other comparably
situated properties.
This letter is intended comply with the requirements of Minn. Stat. 429.061 and to establish Mr.
Rehbein's right to appeal the assessments listed above to the District Court. Mr. Rehbein is signing this
letter on his own behalf and on behalf of T & G Properties, Inc. and Rehbein Properties.
¥Q rs truly, -
t- Ai k 7
Thomas J. Rooner ,
Attorney for Gerald L. Rehbein, T & G Properties, Inc. and Rehbein Properties.
Sf GPA I ce ti (,� r1,..)
Approved and adopted by Gerald L. Rehbein
to -
EXHIBIT "A"
CSAH I -35E /CSAH 14 Interchange
Final Property Assessment Roll
PIN
OWNER
TOTAL ASSESSMENT
133122230004
EAST LINO LAKES LLC
$206,702
133122210003
EAST LINO LAKES LLC
$146,936
133122330001
EAST LINO LAKES LLC
$195,059
133122230003
EAST LINO LAKES LLC
$198,618
133122310001
EAST LINO LAKES LLC
$193,574
123122340003
EAST LINO LAKES LLC
$142,372
133122340001
EAST LINO LAKES LLC
$187,274
133122210004
EAST LINO LAKES LLC
$119,571
133122320001
EAST LINO LAKES LLC
$102,196
133122310002
EAST LINO LAKES LLC
$94,547
123122330004
EAST LINO LAKES LLC
$34,934
243122210001
ALINO LLC
$198,881
243122240007
LESSARD PROPERTY MANAGEMENT
$2,637
243122240002
REHBEIN GERALD L
$5,617
243122240008
REHBEIN GERALD L
$6,440
243122240009
REHBEIN GERALD L
$124,237
243122310001
REHBEIN PROPERTIES
$152,400
243122340001
REHBEIN PROPERTIES
$75,916
243122240005
WILLIAMS ROBERT
$9,743
243122430007
ARNT EUGENE
$2,053
243122420009
ARNT EUGENE
$2,678
243122420016
ARNT EUGENE
$5,076
243122420006
ARNT INVESTMENTS LLC
$3,131
243122430015
ARNT INVESTMENTS LLC
$7,168
243122140003
CONST LABOR EDUC & TRAIN FUND
$21,445
243122430011
GARGARO PROPERTIES LLC
$15,945
243122410009
LINO LAKES LLC
$314
243122410010
LINO LAKES LLC
$25,721
243122410008
LINO LAKES LLC
$56,349
243122440001
LINO LAKES LLC
$110,667
243122130006
LINO LAKES STATE BANK
$5,614
243122430006
MARTINEK RICHARD & CHERYL
$11,987
243122420012
MILLER PAUL K
$14,019
243122430014
MILLER PAUL K
$30,503
243122420004
PKM OF ANOKA COUNTY LLC
$39,445
243122430013
NORTHERN DEVELOPMENT LLC
$6,847
243122430010
OTTER HOLDING COMPANY LLC
$10,220
243122430009
SCANLAN WAYNE D
$2,192
243122130002
CLINO LLC
$11,479
243122130005
CLINO LLC.
$221,852
243122140002
TAYLOR CORP
$31,531
133122440001
BERNIER FAMILY FARM LLC
$242,480
243122110006
CM PROPERTIES 14 LLC
$135,120
133122430002
DALE PROPERTIES LLC
$17,612
133122410005
DALE PROPERTIES LLC
$40,003
133122420001
DALE PROPERTIES LLC
$49,840
133122410003
GRAETZER DAVID H
$17,903
133122410004
MC NEAL DENISE L & ROBERT
$17,332
243122110005
REHBEIN PROPERTIES
$136,341
243122120001
BLINO LLC
$212,314
133122120002
WINTER LESTER J & DEIDRA A
$9,569
133122110001
WINTER LESTER J & DEIDRA A
$37,794
133122140001
WINTER LESTER J & DEIDRA A
$42,835
133122130002
WINTER LESTER J & DEIDRA A
$48,289
113122410004
EAGLE BROOK CHURCH WH BEAR LK
$364,684
10/4/2011
CSAH 14/1 -35E Interchange Improvement
EXHIBIT B
City of Lino Lakes, Minnesota
I -35E /CSAH 14 Interchange Improvments
Assessment Unit Cost
PROPERTY CLASS
UTILITY STAGE
UNIT COST
Commercial
1A
$0.22
1B
$0.17
2A
N/A
Commercial - Existing
1A
$0.09
1B
N/A
2A
N/A
Industrial
1A
$0.07
1B
N/A
2A
$0.04
Industrial - Existing
1A
$0.04
1B
N/A
2A
N/A
Mixed -Use
— 1A
$0.12
1B
$0.09
2A
N/A
Institutional - Existing
1A
N/A
1B
N/A
2A
N/A
3
$0.14
'!:AST LINO LAKES, LLC
865 t Naples Street NE
Blaine, MN 55449
October 24, 2011
City Council
City of Lino Lakes. Minnesota
600 Town Center Parkway
Lino T,akcs; MN 55014
RE: East Lino Lakes, LLC, a Minnesota limited liability company
anal. Myrna Rchbein
Resolution No. 11 -108
Dear Members of the City Council:
East Lino Lakes. LLC, a Minnesota limited liability cotnpany, is the owner of Property
legally described on the attached Exhibit A. We have received a copy of the Notice of
Nearing on Proposed Assessment Resolution No. 11 -108 for County Road 16, Sanitary
Sewer and Water Services, d.atcd October 24, 1996, The amount proposed to be assessed
to East I,i.no Lakes, 1,LC for these properties is apparently totaling $1.621,783.00.
We are further advised that a public hearing will be held commencing at G:30 p.m. on
Monday, October 24, 2011 at the Lino Lakes City Hall to consider adoption of an
assessment roll reflecting the assessments described above to Est Lino Lakes, l,l,C.
Pursuant to Minnesota Statutes § 429.061, et se q., East Lino Lakes, LLC, hereby objoets
in. writing to the proposed assessment to it. The basis of East Lino Lakes, LLC's
objection is that the amount of the proposed assessments exceeds the benefit to the
Exhibit A properties, which will accrue as a result of the proposed public improvements
and East Lino Lakes, LI..0 has been disproportionably assessed as compared to adjacent
properties.
Please note this objection in the record to be made on October 24, 2011 and /or at any
subsequent or continued meeting addressing this issue. We would be pleased to discuss
this matter with representatives of the City Council at your convenience.
Respectfully.
at Lino Lakes, L,LC
u Minnesota limited liability com
any
13Y. 17' 1 / ii►� --��
Myrna Rchbein
Its: _�
EXHIBIT A
Parcel A:
South one -half S 1/2 of the South one -half S1/2 of the NW 1/4, Section 13 -T31N -R22W;
Anoka County, Minnesota
Parcel B:
North one -half N 1/2 of the South one -half S 1/2 of the NW 3/4, Section 13 -T31N -R22W,
Anoka County, Minnesota
Parcel C:
South one -half S 1/2 of the North one -half N 1/2 of the NW 1/4, Section 13 -T31N -R22W,
Anoka County, Minnesota
Parcel D:
North one -half N 1/2 of the North N 1/2 of the NW 3/4, Section 13 -T31N -R22W, Anoka
County, Minnesota, except the North 660.00 feet of the West 440.00 feet of the N %2 N 1/2
NW ' /a.
Parcel E:
South Y4 South 1/2 Southwest 1/4, Section 12 -T31 -R22W, Anoka County, Minnesota except
the North 330 feet of the South % South 1/4 South 1/4 and also excepting the South 385 feet
of the SW' /4 SW 1/4 excepting the North 135 feet of the West 150 feet of the South 385
feet of Section 12 -T31N -R22W, Anoka County, Minnesota
Parcel F:
The South 385 feet of the SW 1/4 SW 1/4, excepting the North 135 feet of the West 150
feet of Section 12 -T31N -R22W, Anoka County, Minnesota
Parcel G:
Northeast one -fourth NE 1/4 of the Northeast one -fourth NE 1/4 of Section 2-T35N-R21W,
excepting therefrom the following described tract, to -wit: All that part of said NE 1/4 NE
1/4 which lies East of the drainage ditch as the same is constructed and now crosses the
NE 1/4 NE 1/4 , said drainage ditch being located approximately two rods West of the East
line of said NE 1/4 NE 1/4 , Chisago County, Minnesota
Parcel H:
South 1/2 of the Northwest Quarter of the Southwest Quarter (S 1/2 of NW 1/4 of SW 1/4),
Section 13, Township 31 North, Range 22 West, except the West 50 feet thereof, Anoka
County, Minnesota
Parcel I:
Southwest Quarter of the Southwest Quarter (SW 1/4 of SW ' /a), Section 13, Township 31
North, Range 2 West, except the Westerly fifty (50) feet thereof, Anoka County,
Minnesota
•
•
Parcel J:
The North half of the North half of the Southwest quarter (N 1/2 N 1/2 SW '' /a), Section 13,
Township 31 North, Range 22 West, Anoka County, Minnesota
Parcel K:
The South half of the Northeast Quarter of the Southwest Quarter (S 1/2 NE 3/4 SW 1 /4),
Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota
Parcel L:
The Southeast Quarter of the Southwest Quarter of Section 13, Township 31 North,
Range 22 West, excepting that part thereof which lies Southeasterly of a line run parallel
with and distant 100 feet Northwesterly of the following described line, and said line
extended Southwesterly, beginning at a point on the South line of said Section 13 distant
2566.7 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of
79 degrees 05 minutes 55 seconds with said Section line 4566 feet; thence deflected to
the left on a 1 degree 00 minute curve (delta angle 9 degrees 45 minutes 35 seconds) for
972.6 feet and there terminating, Anoka County, Minnesota
•
95 South Owasso Blvd. W.
• Little Canada, MN55117
•
October 24, 2011
Azure
Properties, Inc.
651.484.0070
fax 651.486.3444
Honorable Jeff Reinert
Mayor of the City of Lakes
Julie Bartell
City Clerk of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
RE: I- 35E /CSAH 14 Interchange Improvement Project
Dear Mayor, members of City Council and City Clerk:
Please be advised that I am writing on behalf of ALino LLC, BLino LLC and CLino LLC, property owners
in the City of Lino Lakes. The purpose of this letter is to express the land owners written objection to the
proposed assessments for the I -35 /County 14 Interchange. The Land Owners were served with a Notice of
Public Hearing to be held at 6:30 pm on October 24, 2011, with respect to the following properties:
1. CSAH I -35E /CSAH 14 Interchange
Final Property Assessment Roll
PID: 24- 31 -22 -21 -0001
24- 31 -22 -13 -0002
24- 31 -22 -13 -0005
24- 31 -22 -12 -0001
ALino, LLC
CLino,. LLC
CLino, LLC
BLino, LLC
$198,881.00
$ 11,479.00
$221,852.00
$212,314.00
2. The amount of assessment for the reconstruction of the I -35E / CSAH 14 interchange
combined for the four (4) properties is $644,526.00.
The grounds for objection to the assessment include, but are not limited to, the following;
1. The properties received no special benefit equal to or greater than the amount of the special
assessment levied;
2. That the criteria method used to determine the assessment upon the property is not a proper
one for the imposition of a special assessment, and is not in accord with constitutional,
statutory or municipal assessment policy requirements and is, therefore, arbitrary and
capricious and thus, deprives the property owners of property without due process of law
contrary to the requirements of the United States and Minnesota Constitutions;
3. The total costs of the improvements of the Project were /are not proportionately distributed
among all property owners benefitted by said improvement and the amount assessed may
exceed the cost of the project.
• 4. That the improvements in the Project are excessive in scope and are designated to favor other
landowners who are not being similarly assessed.
1
5. That the assessments if adopted by Lino Lakes City council are contrary to and in violation of
the Land Owners substantive and procedural rights and the following constitutional, statutory
and ordinance provisions:
a. United States Constitution, Amendment V;
b. United States Constitution, Amendment XIV;
c. Minnesota Constitution, Article, 1, Section 7;
d. Minnesota Constitution Article 10, Section 1;
e. Minnesota Statute, Section 429.01, et seq.;
f. City of Lino Lakes, Resolutions and Policies regarding Special Assessments.
Based on the above, on behalf of ALino LLC, BLino LLC and CLino LLC, we hereby submit our objection to
the amount of the assessment and request that the assessment of the properties be withdrawn.
Respectfully submitted,
Richard Schreier
Manager of ALino,LLC, BLino,LLC and CLino, LLC
TMS/kl
2
•
•
•
•
AGENDA ITEM 6C
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: October 24, 2011
TOPIC: Zoning Ordinance Amendment — Accessory Outdoor
Storage as Interim Use
Resolution Number 11 -109, Denying the
request to amend the Zoning Ordinance.
-OR-
ii. First Reading of Ordinance Number 21 -11,
Amending Section 8 of the Zoning Ordinance
to add Outdoor Storage as an Accessory Use
by Interim Use Permit in the Light Industrial
zoning district
• Background
Lakes Building Components Inc. has applied to amend the Zoning Ordinance to add
Outdoor Storage as an Accessory Use as an Interim Use within the Light Industrial
zoning district.
Lakes Building Components moved into a portion of 7301 Apollo Court the spring of
2011 and started assembling building trusses. This type of use is appropriate in the
Light Industrial zoning district, however Lakes Building Components began storing not
only raw materials, but also finished product in the parking lot and green space west of
the parking lot.
Additionally, Lakes Building Components hired a contractor to create an opening in the
west wall of the existing building and install a roller system outside of the building to
allow movement of the finished products to the exterior of the building. This work was
done without a building permit or review by the city's Building Official. (The work has
since been reviewed and approved by the Building Department.)
On March 3, 2011 the city first informed Lakes Building Components that they were in
violation of the Building Code, since they had not received a building permit to do work
on the building; and that the storage of raw materials and finished product was not
allowed on the site.
As 7301 Apollo Court abuts a property zoned for residential /rural to the west and abuts
I35W due to the enlarged right of way obtained by Anoka County for Apollo Drive, staff
informed the business owner that they were not allowed to have any outdoor storage at
7301 Apollo Court and that the site would need to be cleaned up immediately.
Since that date a number of conversations have occurred between staff and the
business owner's attorney, between staff and the City Council, and between the City
Council and the business owner's attorney. The result of those discussions was the
submittal of applications for a Zoning Text Amendment and an Interim Use Permit on
September 7, 2011.
On September 14, 2011 city staff informed the applicant that the Interim Use Permit
portion of their application was incomplete and would not be brought forward to the
October Planning and Zoning Board meeting. The applicant chose to pursue the
Zoning Text Amendment while submitting the missing application items for the
November Planning and Zoning Board meeting.
On October 6, 2011 the Economic Development Advisory Committee considered this
request at their regular meeting, ultimately recommending approval of the ordinance
amendment on a 3 -2 vote.
The Planning and Zoning Board held a public hearing on October 12, 2011, and
considering this request. After much deliberation, the board remained deadlocked and
forwards the request to the City Council without a recommendation.
Zoning Ordinance
The Zoning Ordinance prohibits outdoor storage in the Light Industrial zoning district
unless a Conditional Use Permit or an Interim Use Permit is approved for the site. The
Interim Use Permit option currently allows outdoor storage only as a principal use,
which is not applicable to this site as a building and use already exists.
The Conditional Use Permit currently allows outdoor storage as an accessory use to an
approved use of the site, with the following conditions:
5. Open and outdoor storage (not outdoor sales lots) as an accessory use provided
that:
a. The storage area is landscaped and screened from view of neighboring uses,
residential zoning districts, and public rights -of -way per Section 3, Subd. 4.Q
of this Ordinance.
b. Storage area is fenced in a manner approved by the City.
c. Storage area is blacktopped or concrete surfaced unless specifically
approved by the City Council.
d. All lighting shall be in compliance with Section 3, Subd. 4.F of this Ordinance
or other lighting standards in place at the time of project approval.
•
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•
•
—70—
e. The storage area does not take up parking space or loading space as
required for conformity to this Ordinance and not in front yards.
f. The property shall not abut property zoned for residential, rural, or business
use, including land in a neighboring city. "Abutting" includes across a street.
"Abutting" does not include properties that touch only corner to corner.
g. The property shall not abut I -35W or I -35E.
h. The storage area shall not abut a school or a public park.
i. The ratio of storage area to building footprint shall not exceed 3.5:1.
j. Storage shall not include material considered hazardous under Federal or
State Environmental Law.
The fact that 7301 Apollo Court abuts a property zoned for residential /rural to the west
and abuts 135W due to the enlarged right of way obtained by Anoka County for Apollo
Drive means that they cannot obtain the Conditional Use Permit.
Applicant's Narrative - Zoning Amendment — Accessory Outdoor Storage as
Interim Use
The applicant submitted a narrative explaining the proposed ordinance amendment
including actual ordinance language. Simply put, they propose to amend the current
Interim Use allowance for Outdoor Storage as a Principal Use to include Accessory Use
as well. As proposed by the applicant the changes to the ordinance would be as
follows:
Section 8.Subdivision 1.K.1
1. Open and outdoor storage as a principal or accessory use provided that:
a. A minimum setback of seventy -five (75) feet is provided along abutting
residentially zoned properties.
b. The setback shall include a buffer yard not less than twenty (20) feet in width
provided along residentially zoned properties in compliance with Section 3,
Subd. 4.Q of this Ordinance.
c. All storage is screened from view of neighboring uses and public rights -of-
way via a fence or green belt planting strip or combination thereof in
compliance with Section 3, Subd. 4.Q of this Ordinance.
d. The storage area does not take up parking space or loading space as
required for conformity to this Ordinance.
e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance.
f. The storage area is fenced and secured in an appropriate manner.
g.
The storage area is surfaced in a wear - resistant material determined by the
City Engineer to be suitable to control dust and drainage.
h. All parking, loading and truck staging activities shall occur on site. On- street
parking and loading associated with the use is prohibited.
i. Noises emanating from the use are in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulations MPC
7030, as amended and City Code.
j. The use is terminated upon a specified date or the happening of an event as
determined by the City.
The applicant's narrative is attached to this report.
Findings
Staff has made findings that reflect the recommendation of denial and included them in
Resolution Number 11 -109.
Based on the discussions with the Economic Development Advisory Committee and the
Planning and Zoning Board, staff has collected some findings in support of the request
and included those in Ordinance Number 21 -11.
It is up to the City Council to determine which findings reflect the collective opinion of
the City Council.
Options
1. Deny the request by adopting Resolution Number 11 -109
2. Approve the request by approving the First Reading of Ordinance Number 21 -11.
3. Return to staff with further direction.
Staff Recommendation
In addition to the findings included in Resolution Number 11 -109, staff has identified 5
additional reasons why this request carries a staff recommendation for denial:
1. Location — while there are many properties within the city that are zoned Light
Industrial, only a handful of those properties are adjacent to residential or rural
properties. As such, prohibiting exterior storage on properties in such a situation
is not prohibiting that use from the city, but rather keeping it consistent with the
surrounding area.
2. Screening — while fencing may reduce the actual storage activity visually, it
cannot do so for noise. The noise of vehicles moving product (any kind of
•
•
•
•
•
•
product) would have a negative impact on the surrounding homeowners.
Additionally, fencing may fall short of a visual screen if adjacent properties are at
a higher elevation.
3. Aesthetics — the first impression of the city is often drawn from the perspective of
35W and 35E. A long expanse of fencing will not allow visitors and residents to
see the strides taken by staff, boardmembers and council in enforcing stricter
development standards and raising the bar on industrial and commercial
development. Outdoor uses along freeways may lead to high quality
developments avoiding those portions of the city.
4. Temporary Uses — the need for storage of both product and raw materials is
clearly an indication that the use does not fit on the site. This is not a temporary
use for an established business, it is a business that either requires outdoor
storage yards permanently, or a larger building permanently.
5. Economic Conditions — it is bad policy to raise or lower standards based on
economic conditions. The city should be developed to a set of performance
standards based on the desired outcome of the city, not on how much money is
available in the market. Consider all the businesses that have invested in Lino
Lakes and have complied with these standards. Also consider that once a
standard is lowered, as is being proposed, it is very difficult to reinstate.
City staff therefore recommends adoption of Resolution Number 11 -109, denying
the Zoning Amendment request.
Attachments
1. Resolution Number 11 -109, Denying the Zoning Amendment
2. Ordinance Number 21 -11, Approving the Zoning Amendment
3. Applicant's narrative
4. Industrial Storage Maps
—72—
Council Member introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 11 -109
DENYING A ZONING ORDINANCE AMENDMENT TO ADD ACCESSORY OUTDOOR
STORAGE AS AN INTERIM USE IN THE LIGHT INDUSTRIAL ZONING DISTRICT
WHEREAS, the City has received an application for a Zoning Amendment to add
Accessory Outdoor Storage as an Interim Use in the Light Industrial zoning district; and
WHEREAS, Section 2, Subdivision 1 of the zoning ordinance allows for such an
application, and
WHEREAS, the City Council makes the following five FINDINGS, pursuant to Section 2,
Subdivision 1 of the zoning ordinance:
1. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
The proposed amendment would be inconsistent with Goal 2 and its
associated policies from the 2030 Comprehensive Plan.
Goal 2: Ensure that zoning and subdivision ordinances and official
maps are consistent with the intent and specific direction provided
within the Comprehensive Plan.
Policies:
1. Ensure developers meet the standards specified within the land -use
plan and official controls, including zoning and subdivision
ordinances and official maps.
2. Coordinate the plans for housing with plans for Tight industrial and
commercial businesses to balance land uses, serve the quality of life
needs of the residential areas, foster a positive business climate for
light industrial and commercial business, and expand and balance
the community's tax base.
3. Ensure compatibility of adjacent land uses.
2. The proposed use is or will be compatible with present and future land uses
of the area.
The very reason why the CUP for outdoor storage excludes properties
like 7301 Apollo Court is to maintain compatibility with the present and
future land uses of the area. An outdoor industrial use has been
•
•
•
•
•
historically considered by the city to be incompatible with adjacent
single family residential.
3. The proposed use conforms with all performance standards contained
herein.
As stated in Section 1, Subdivision 1.C, Where the conditions imposed
by any provisions of this Ordinance are either more restrictive or Tess
restrictive than comparable conditions imposed by any other law
ordinance, statute, resolution, or regulation, the regulations which are
more restrictive, or which impose higher standards or requirements
shall prevail. The CUP language will remain in the ordinance that states
that no outdoor storage can occur on properties adjacent to residential
properties or the freeway, and this in conflict with the proposed Interim
Use Permit language.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
As the proposed use would be accessory to an existing use, on a
developed site, the proposed use will not overburden the city's service
capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving
the property.
The site is currently served and developed for industrial use and
therefore the traffic generation of the site is within the capabilities of
the surrounding street system.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the
request for a Zoning Ordinance Amendment to add Accessory Outdoor Storage as an
Interim Use in the Light Industrial zoning district.
Jeff Reinert, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 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:
411 The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
1st Reading:
Publication:
2na Reading:
Effective:
Council Member moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 21 -11
AN ORDINANCE AMENDING SECTION 8 OF THE ZONING ORDINANCE TO
ADD ACCESSORY OUTDOOR STORAGE AS AN INTERIM USE IN THE LIGHT
INDUSTRIAL ZONING DISTRICT
Section 1 Findings
Section 2, Subdivision 1of the Zoning Ordinance requires consideration of possible
adverse effects of a proposed zoning amendment and that the judgment of a proposed
amendment to the Zoning Ordinance shall be based upon, but not limited to, the
following factors:
1. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The sites where this use would be allowed must be zoned and guided
Industrial. The owner would need to obtain an Interim Use Permit,
which must, by ordinance, include a termination date and must be
reviewed by the City Council for consistency with official controls and
the Comprehensive Plan. Therefore the request to amend the
ordinance is not inconsistent with the Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land uses
of the area.
The sites where this use would be allowed must be zoned and guided
Industrial. The owner would need to obtain an Interim Use Permit,
which must, by ordinance, include a termination date and must be
reviewed by the City Council for compatibility with present and future
land uses of the surrounding area. Therefore the request to amend the
ordinance does not create incompatibility with the present and future
land uses of an area.
3. The proposed use conforms with all performance standards contained
herein.
•
•
The proposal includes performance standards for the proposed use.
The owner would need to obtain an Interim Use Permit, which must be
reviewed by the City Council for consistency with official controls.
Therefore the request to amend the ordinance allows for the use to
conform to all performance standards of the Zoning Ordinance.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
As the proposed use would be accessory to an existing use, on a
developed site, the proposed use will not overburden the city's service
capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving
the property.
The site is currently served and developed for industrial use and
therefore the traffic generation of the site is within the capabilities of
the surrounding street system.
The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning
Ordinance amendment on October 12, 2011, and forwarded this request to the city
without a recommendation.
• Section 2 Amendment of Zoning Ordinance Approved
•
—76—
The City Council of Lino Lakes ordains that Section 8, Subdivisions 1.K of the Zoning
Ordinance is hereby amended as follows (deleted text in strikethrough, added text in
underline), and subsequent elements within the subdivisions shall be renumbered as
appropriate:
1. Open and outdoor storage as a principal or accessory use provided that:
a. A minimum setback of seventy -five (75) feet is provided along
abutting residentially zoned properties.
b. The setback shall include a buffer yard not less than twenty (20)
feet in width provided along residentially zoned properties in
compliance with Section 3, Subd. 4.Q of this Ordinance.
c. All storage is screened from view of neighboring uses and public
rights -of -way via a fence or green belt planting strip or combination
thereof in compliance with Section 3, Subd. 4.Q of this Ordinance.
d. The storage area does not take up parking space or loading space
as required for conformity to this Ordinance.
e. All lighting be in compliance with Section 3, Subd. 4.F of this
Ordinance.
f. The storage area is fenced and secured in an appropriate manner.
g.
The storage area is surfaced in a wear - resistant material
determined by the City Engineer to be suitable to control dust and
drainage.
h. All parking, loading and truck staging activities shall occur on site.
On- street parking and loading associated with the use is prohibited.
Noises emanating from the use are in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulations MPC 7030, as amended and City Code.
j. The use is terminated upon a specified date or the happening of an
event as determined by the City.
Section 3 Zoning Ordinance and City Code Stand As Amended
As above amended, the Zoning Ordinance shall stand as initially passed and previously
amended.
Section 4 In Effect According to City Charter
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this th 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.
•
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RECEIVED
SEP 0 7 2011
CITY OF LINO LAKES
JENMAR EQUITY, LLC with
SUPERL, INC. AND LAKES BUILDING COMPONENTS, INC.
LINO LAKES, MINNESOTA
Narrative in Support of an Application for a
Zoning Text Amendment and Interim Use Permit
September 7, 2011
_7g_
JENMAR EQUITY, LLC
PROJECT TEAM
OWNER
Mark Dietz
Jenmar Equity, LLC
TENANTS
Superl, Inc.
Lakes Building Components, Inc.
7301 Apollo Court
Lino Lakes, MN 55104
ATTORNEY
William C. Griffith
Julie L. Perrus
Larkin Hoffman Daly & Lindgren, Ltd.
7900 Xerxes Avenue South, Suite 1500
Bloomington, Minnesota 55431
(952) 896 -3290
Fax: (952) 842 -1729
wgriffith@larkinhoffman.com
2.
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PROJECT SUMMARY
Jemnar Equity, LLC, ( "Jenmar ") is the owner of property located at 7301 Apollo Court (the
"Site ") in the City of Lino Lakes, MN (the "City "). Jenmar leases the property to two
businesses, Superl, Inc. ( "Superl ") and Lakes Building Components, Inc. ( "Lakes "). Lakes
serves the building components market and is currently in startup mode. Lakes is experiencing
success in this market and is expecting to grow from approximately 15 employees today to 40
employees in a few years.
The Site has served Superl well in the past, but as Lakes has begun to grow, it has needed to
accommodate the construction and storage of wood trusses, its main product. To do so, Lakes
has utilized an area outside of the main building for temporary storage of these completed
trusses. All construction and assembly of the wood trusses has taken place within the building.
Currently, outdoor storage is not allowed on the Site. In order for Lakes to succeed in the
community, some flexibility is required to allow for storage of its assembled product. This
application for a zoning text amendment and interim use permit ( "IUP ") will allow Lakes to
utilize the Site in a manner that is consistent with other business in the area, while recognizing
that at some point either the Site will no longer be able to accommodate the growth, or Lakes
will work with the City to build an appropriate addition to the Site to accommodate the assembly
and storage of the trusses.
COMPREHENSIVE PLAN
According to the City's website, the City Council granted preliminary approval of the 2030
Comprehensive Plan ( "Comp Plan") on June 8, 2009. As required by state law the plan was
submitted for review to the Metropolitan Council in August of 2009. The Metropolitan Council
took action on December 9, 2009 to authorize the city to put its 2030 Comp Plan update into
effect. The plan is currently under review by the City Council. No final approval by the City
Council has been taken.
The Site is currently guided for Industrial uses in the existing and proposed City Comp Plans.
The City recognizes that industrial uses are expected to expand and grow, especially along the I-
35W and I -35E corridors, as demand for available land with convenient transportation access
increases. Comp Plan, Chapter 3 -1. The purpose of the Industrial land use category is to
accommodate manufacturing, processing, warehousing and research and development uses.
Comp Plan, Chapter 3 -11.
The City's Economic Development plan recognizes protecting industrial uses in the City as a
way to increase employment and diversify the City's tax base. Comp Plan, Chapter 3 -18,
Chapter 5 -2. Specifically, several City policies support this application.
• Protect designated industrial areas from residential encroachment and marginal land uses
that will preclude the highest economic use of land available for commercial and light
industrial development.
• Develop strategies and programs to attract high value industrial enterprises that have an
emphasis on job creation.
• Continue to support local business retention and expansion initiatives.
Comp Plan, Chapter 5 -2, 5 -3.
This zoning text amendment and IUP application will allow Lakes to fully utilize the Site for its
growing business, while protecting adjacent residential uses through appropriate screening and
the existing fencing that borders the Site. The outdoor storage will provide a staging area for
completed materials that are ready for shipment. There will be no construction activities
occurring outside of the existing building. The use is appropriate for the Site, is of a scale that
will not negatively impact its neighbors and will allow for growth in both employment and tax
base.
It is a goal of the City to support growth of its existing small businesses. While Lakes
recognizes that, due to its growth, the Site will not always be appropriate, Lakes would like to
incubate its business at this Site and remain in the City. The text amendment and IUP will allow
for this while remaining consistent with the intent and purpose of the Ordinance and the goals of
the Comp Plan.
ZONING ORDINANCE TEXT AMENDMENT
Lakes requests an amendment to the Zoning Ordinance, Section 8, Subdivision 1(K)(1). The
requested language is as follows:
K. Interim Uses. Subject to applicable provisions of the Ordinance, the following are
interim uses in the LI District and are governed by Section 2, Subd. 3 of this Ordinance:
1. Open and outdoor storage as a principal or accessory use provided that:
The remainder of the Subdivision would remain unchanged.
Section 2, Subdivision 3 of the Ordinance requires that the following factors be considered when
reviewing a proposed zoning amendment.
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan. See discussion above. The proposed amendment is consistent with the Comp Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
Open and outdoor storage is an acceptable principal interim use on the Site. As an
accessory use, outdoor storage of the completed trusses is compatible with both present
and future land uses of the area and is less intensive than outdoor storage as a principal
use on the Site.
4.
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3. The proposed use conforms with all performance standards contained herein. The
accompanying IUP application reflects that the proposed use will conform with the
performance standards set forth in the City Ordinance.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity. No additional public services will be necessary
to accommodate the interim accessory use on the Site.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property. Traffic generation is minimal from the accessory use and will not create a level
of traffic that is outside of the capabilities of the existing streets.
The proposed amendment is consistent with the existing Ordinance. As an accessory use, Lakes
will utilize the outdoor storage area in a manner that will allow expansion of the business while
remaining on the Site for the next five (5) years. At that time, Lakes commits to working with
the City to determine whether there are appropriate Site changes that can be made to
accommodate the business on a long -term basis.
INTERIM USE PERMIT
The purpose of an IUP is to allow a use for a period of time until a permanent location is
obtained or to allow a use that is judged acceptable by the City Council in the short term that will
be replaced in the future by a permitted or conditional use allowed within the respective district.
Ordinance, § 2, Subd. 3(24).
Lakes requests an IUP of five (5) years in order to utilize the Site in a manner that will allow its
business to grow. At the expiration of the IUP, Lakes will be better positioned to determine
whether a larger site will be necessary to accommodate its business or whether it can redevelop
the Site to conform to the permitted or conditional use requirements of the District.
The IUP request complies with the following standards of the Ordinance:
1. It meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of the
Ordinance. The application meets this standard. In addition to the discussion above, the
requested use will not generate additional noise, smoke, fumes, glare or odors that would
be injurious to the public health, safety and welfare. All construction activities will take
place within the building located on the Site. The outdoor storage provided will be
utilized only to store materials for construction and shipment.
2. Conforms to the applicable performance standards of this Ordinance. For open and
outdoor storage uses in the LI District, the following standards are met.
a. A minimum setback of seventy -five (75) feet is provided along abutting
residentially zoned properties.
b. The setback shall include a buffer yard not less than twenty (20) feet in width
provided along residentially zoned properties in compliance with Section 3, Subd.
40 of this Ordinance.
5.
c. All storage is screened from view of neighboring uses and public rights -of -way
via a fence or green belt planting strip or combination thereof in compliance with
Section 3, Subd. 40 of this Ordinance.
d. The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
e. All lighting is in compliance with Section 3, Subd. 4F of this Ordinance.
f. The storage area is fenced and secured in an appropriate manner.
g. The storage area is surfaced in a wear - resistant material determined by the City
Engineer to be suitable to control dust and drainage.
h. All parking, loading, and truck staging activities will occur on Site.
i. Noises emanating from the use are in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulations MPC 7030, as amended and
the City Code.
J•
The use will be terminated at the end of the five (5) year IUP period.
3. The use is allowed as an interim use in the respective zoning district. If the proposed text
amendment is approved, the use will be an allowed interim use in the LI District.
4. The date or event that will terminate the use can be identified with certainty. Lakes
requests a five (5) year IUP for this accessory outdoor storage use.
5. The use will not impose additional costs on the public if it is necessary for public to take
the property in the future. There will be no public costs associated with the use.
6. The user agrees to any conditions that the City Council deem appropriate for permission
of the use. Lakes agrees to reasonable conditions imposed by the City Council.
CONCLUSION
The application for a zoning text amendment and an IUP will provide Lakes the opportunity to
grow its business while remaining a part of the community. The use is appropriate for the Site
and will not be detrimental to the neighborhood. Lakes appreciates the City's consideration of
its requests for a zoning text amendment and an IUP for the Site.
1368513.1
6.
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35E Industrial Area
Storage Prohibited
Storage Eligible
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STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 6D
Jason C. Wedel, City Engineer
October 24, 2011
Consider Resolution No. 11 -105 Authorizing the Certification
of Expenses Incurred in Carrying Out and Enforcing the
Hazardous Building Proceeding against 745 Oak Lane for
collection with 2011 Property Taxes Payable in 2012
3/5 Vote Required
Resolution No. 08 -71 ordered the Removal of Hazardous Structures at 745 Oak Lane.
That resolution further ordered that unless action is taken by the property owner to
remove the hazardous structure the City would seek a Judgment for Enforcement of the
resolution. The property owner did not take action after notification of the requirements of
Resolution No. 08 -71.
Resolution No. 10 -104 adopted the expense report for costs incurred with hazardous
buildings at 745 Oak Lane. This resolution identified the costs incurred to be $16,616.33
and was adopted by the City Council on November 22, 2010. Since it was too late in the
year to certify the assessments at that point, the certification rolled into 2011.
On March 10, 2011 the property owner for 745 Oak Lane was notified by letter from the
City Attorney that the costs incurred were $16,616.33 and requested payment. The
property owner was also notified that if payment was not received the full amount due
would be assessed against the property and collected with the property taxes.
Staff recommends that the City Council adopt Resolution No. 11 -105 authorizing the
certification of expenses incurred in carrying out and enforcing the hazardous building
proceeding against 745 Oak Lane to be collected with 2011 property taxes payable in
2012 at an interest rate of 8% per annum.
RECOMMENDATION
Approve Resolution 11 -105, authorizing the certification of costs of expenses incurred in
carrying out and enforcing the hazardous building proceeding against 745 Oak Lane for
collection with 2011 property taxes payable in 2012
•
Council Member introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -105
RESOLUTION AUTHORIZING THE CERTIFICATION OF COSTS INCURRED IN
CARRYING OUT AND ENFORCING THE HAZARDOUS BUILDING PROCEEDINGS
AGAINST THE PROPERTY AT 745 OAK LANE WITH THE 2011 PROPERTY TAXES
PAYABLE IN 2012
WHEREAS, pursuant to Minn. Stat. § 463.22, the City Council has kept an accurate
account of the expenses incurred in carrying out and enforcing the
hazardous building proceeding against the property located at 745 Oak
Lane, and
WHEREAS, notice of such certification was mailed to affected property owners, and
WHEREAS, the City Council has met to consider the certification of such expenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota
that the Clerk is hereby authorized to certify the expenses incurred in carrying out and
enforcing the hazardous building proceedings at 745 Oak Lane to be collected with the
2011 property taxes, payable in 2012 at an interest rate of 8.00% per annum.
Jeff Reinert, Mayor
Julie Bartell, City Clerk
Adopted by the City Council of Lino Lakes, Minnesota this 24th 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.
•
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AGENDA ITEM 6E
STAFF ORIGINATOR: Jason C. Wedel, City Engineer
MEETING DATE: October 24, 2011
TOPIC:
Resolution No. 11 -104, Adopting Assessments, 2011
Individual Property Which Requested Connection to
City Utilities.
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND
The property owner has submitted a signed waiver, which waives their rights to a
hearing and waives their rights to appeal under the Lino Lake City Charter and /or
Minnesota Statute 429 provided that the assessment associated with the
improvement is levied against their property, or they have entered into a
Performance Contract with the City. We are prepared to adopt the assessment
for the following individual property, which requested connection to city utilities:
- 7730 Sunset Avenue
Attached is a breakdown of the individual property assessments.
RECOMMENDATION
Approve Resolution No. 11 -104, Adopting Assessments, 2011 Individual
Properties Which Requested Connection to City Utilities.
Council Member introduced the following resolution and moved
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -104
RESOLUTION ADOPTING SPECIAL ASSESSMENTS, INDIVIDUAL UTILITY
CONNECTIONS
WHEREAS, pursuant to a signed performance agreement or waiver received by
individual property owners to waive all rights to a hearing on the conducting of a
local improvement which will benefit the Individual Properties Which Requested
Connection to City Utilities,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made
a part thereof, is hereby accepted and shall constitute the special
assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of fifteen years, the first installment to be payable on or
before the first Monday in January, 2012, and shall bear interest at the
rate of seven percent (7 %) per annum from the date of the adoption of
this assessment resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution until
December 31, 2011. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid by November 15, 2011; and the owner may,
at any time thereafter, pay to the City Treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of
the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the next succeeding year.
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4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the County Auditor to be extended on the property tax lists of the
County. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Jeff Reinert, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 24th 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.
•
1)1c Ao .a 6)
REVISED
AGENDA ITEM 6E
STAFF ORIGINATOR: Jason C. Wedel, City Engineer
MEETING DATE: October 24, 2011
I(
TOPIC: Resolution No. 11 -104, Adopting Assessments, 2011
Individual Property Which Requested Connection to
City Utilities.
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND
The property owner has submitted a signed waiver, which waives their rights to a
hearing and waives their rights to appeal under the Lino Lake City Charter and /or
Minnesota Statute 429 provided that the assessment associated with the
improvement is levied against their property, or they have entered into a
Performance Contract with the City. We are prepared to adopt the assessment
for the following individual properties, which requested connection to city utilities:
- 7730 Sunset Avenue
- 789 Vicky Lane
Attached is a breakdown of the individual property assessments.
RECOMMENDATION
Approve Resolution No. 11 -104, Adopting Assessments, 2011 Individual
Properties Which Requested Connection to City Utilities.
• Council Member introduced the following resolution and moved
•
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 11 -104
RESOLUTION ADOPTING SPECIAL ASSESSMENTS, INDIVIDUAL UTILITY
CONNECTIONS
WHEREAS, pursuant to a signed performance agreement or waiver received by
individual property owners to waive all rights to a hearing on the conducting of a
local improvement which will benefit the Individual Properties Which Requested
Connection to City Utilities,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made
a part thereof, is hereby accepted and shall constitute the special
assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
Such assessment shall be payable in equal annual installments extending
over a period of fifteen years, the first installment to be payable on or
before the first Monday in January, 2012, and shall bear interest at the
rate of seven percent (7 %) per annum from the date of the adoption of
this assessment resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution until
December 31, 2011. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid by November 15, 2011; and the owner may,
at any time thereafter, pay to the City Treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of
the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the next succeeding year.
•
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•
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the County Auditor to be extended on the property tax lists of the
County. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Jeff Reinert, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 24th 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.
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OCTOBER 24, 2011
FINAL ASSESSMENT ROLL
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789 Vicky Lane
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