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HomeMy WebLinkAbout02/11/2002 Council Packet• AMENDED AGENDA CITY OF LINO LAKES Monday February 11, 2002 6:30 P.M. Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda — A) Consideration of Expenditures: i) February 11, 2002 (Check No. 64212 through 64333 in the amount of $995,048.80). ii) Centennial Fire District (Check No. 13049 through 13074 in the amount of $50,795.65). • iii) Consider Request from St. Joseph Catholic Church for an Exemption • from Lawful Gambling License iv) Consider Request from Lions Club for temporary set -up liquor license for one -day event 2. Open Mike 3. Finance Department Report, Al Rolek None. 4. Administration Department Report, Dan Tesch None. 5. Public Safety Department Report, Dave Pecchia A) Annual Contract for Animal Control Services — Otter Lake Animal Care B) Police Department Annual Report (handout at work session) C) Building Inspections Annual Report (handout at work session) Page 1 AMENDED AGENDA • 6. Public Services Department Report, Rick DeGardner A) Consideration of Resolution 02 -14, Approving a Special Election for Recreation Complex, Neighborhood Park Improvements, and Trails Referendum, Rick DeGardner 7. Community Development Department Report, Michael Grochala A. Re o tier -85, Minor Subdivision, SSR & W Willard Morton and Brad Racutt, Jeff SmYsef B. Resolution 02 -06, Amendment to CUP, Gethsemane Church, Michael Grochala (to follow on Friday) C. Resolution 02 -13, Final Plat Approval, West Shadow Ponds, Jeff Smyser D. Development Regulations Task Force Appointments, Michael Grochala E. Resolution 02 -15, Joint Powers Agreement, Victor Gardens /City of Hugo, John Powell 8. Unfinished Business A) October 8, 2001 Council Meeting Minutes B) January 9, 2002 Work Session Meeting Minutes C) January 14, 2002 Council Meeting Minutes D) January 23, 2002 Work Session Meeting Minutes E) January 28, 2002 Council Meeting Minutes F) January 30, 2002 Minutes of Joint Meeting with Hugo & Centerville G) January 30, 2002 Work Session Meeting Minutes 9. New Business 10. Community Calendar, February 11, 2002 through February 25, 2002: A) Planning & Zoning Board Meeting, Wednesday, February 13, 6:30 p.m. B) City Hall Closed, President's Day Holiday, February 18, 2002 C) Council Work Session, Wednesday, February 20, 2002, 5:30 p.m. Page 2 AMENDED AGENDA D) Development Regulations Task Force meeting, February 21, 2002, 6:30 p.m. • E) City Council Meeting, Monday, February 25, 2002, 6:30 p.m. 11. Adjourn Revised ajb 02/8/02 1:35 p.m. • • Page 3 • EXPENDITURES FEBRUARY 11, 2002 • • Date: 01/31/2002 Time: 10:55:11 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2212 - 2212 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost GALATZER, SHAUNA 1 2,582.00 2,582.00 .00 .00 D.C.A. INC. 1 249.60 249.60 .00 .00 001096 001260 001473 001768 001880 002584 003443 003500 004350 FAIRVIEW LAKES REGIONAL HEALTH CARE 1 55.00 55.00 .00 .00 H & L MESABI, INC. 1 373.18 373.18 .00 .00 HUGO FEED MILL & ELEVATOR, INC. 1 3.24 3.24 .00 .00�_ METRO SALES INCORPORATED 1 1,510.85 1,510.85 .00 .00 OTTER LAKE ANIMAL CARE CENTER, INC. 1 82.65 82.65 .00 .00 PHOTO WORLD, INC. 1 66.20 66.20 .00 .00 T.K.D.A. 1 6,916.78 6,916.78 .00 .00 Grand Totals: 9 11,839.50 11,839.50 .00 .00* • Date: 01/31/2002 Time: 10:55:30 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2213 - 2213 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 ` Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000110 A T & T WIRELESS 2 665.83 665.83 .00 .00 000112 CHIEF SUPPLY, INC. 1 119.48 119.48 .00 .00 000408 AFSCME COUNCIL #14 1 584.50 584.50 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 1 75.00 75.00 .00 .00 _,,,,,,_ 000528 QWEST 1 36.02 36.02 .00 .00 -"' 000558 BACCHUS HOMES, INC. 1 500.00 500.00 .00 .00 _ 000720 BLAINE, CITY OF 1 286.55 286.55 .00 .00 -^-^ 000764 SISKA GROUP, INC. 1 397.86 397.86 .00 .00 000920 BLAIR, ANN 1 40.49 40.49 .00 .00 001097 ATOMICPARK.COM 1. 14,945.04 14,945.04 .00 .00 001098 MOLIN, VICKIE 1 33.00 33.00 .00 .00 00 CIRCLE PINES, CITY OF 1 4,995.40 4,995.40 .00 .00 001850 HOFFMAN, MICHAEL 1 111.00 111.00 .00 .00 001932 ICMA /MANAGEMENT ASSOCIATION 1 4,472.69 4,472.69 .00 .00 002330 LICHTSCHEIDL, DAVE 1 249.44 249.44 .00 .00 002900 MN. DEPARTMENT OF SAFETY 1 103.50 103.50 .00 .00 003390 OFFICEMAX, INC. 1 866.00 866.00 .00 .00 003451 PERA /REGULAR 1 15,715.95 15,715.95 .00 .00 ' 004251 SUBURBAN INSPECTIONS, INC. 1 1,048.55 1,048.55 .00 .00 004660 URICH, TRACEY 1 159.53 159.53 .00 .00 --- Grand Totals: 21 45,405.83 45,405.83 .00 .00* .. • Date: 02/06/2002 Time: 08:30:48 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2228 - 2228 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Page: 1 Discount Vendor # Name # of items Net Gross Discount Lost 003900 SAFETY KLEEN CORPORATION, INC. 2 303.90 303.90 .00 .00 004350 T.K.D.A. 6 94,223.17 94,223.17 .00 .00 004800 WESSEL, BRIAN 1 1.40 1.40 .00 .00 Grand Totals: 9 94,528.47 94,528.47 .00 .00* • • ' Date: 02/06/2002 Time: 08:31:54 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 2229 - 2229 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000051 A T & T 1 11.80 11.80 .00 .00 000093 ACE SOLID WASTE, INC. 1 314.37 314.37 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 67.33 67.33 .00 .00 000134 BOLDT, ROBERT 1 154.00 154.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY 4 103.57 103.57 .00 .00 000223 SPRING LAKE PARK, CITY OF 1 69.12 69.12 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 50.53 50.53 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 991.21 991.21 .00 .00 000390 ANOKA COUNTY 1 3.61 3.61 .00 .00 000420 ANOKA COUNTY 1 1,604.26 1,604.26 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,037.36 1,037.36 .00 .00 0 INTERSTATE BATTERIES, INC. 1 218.17 218.17 .00 .00 I0 QWEST 1 56.27 56.27 .00 .00 000542 MYERS TIRE SUPPLY COMPANY, INC. 1 143.36 143.36 .00 .00 000630 OWL ENGINEERING & EMC TEST LABS, INC. 1 150.00 150.00 .00 .00 000720 BLAINE, CITY OF 1 155.70 155.70 .00 .00 000724 BLUE TOW SERVICE, INC. 1 115.00 115.00 .00 .00 000770 BOYER TRUCKS, INC. 3 489.02 489.02 .00 .00 000879 PREFERRED ONE HEALTH PLAN 1 23,872.14 23,872.14 .00 .00 000901 BUGGE, DAWN 1 52.18 52.18 .00 .00 000946 C. P. OFFICE PRODUCTS 1 364.66 364.66 .00 .00 000960 CAPITOL CITY WELDING, INC. 1 45.76 45.76 .00 .00 ' Date: 02/06/2002 Time: 08:31:57 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost AltUNITED RENTALS, INC. 1 165.00 165.00 .00 .00 001000 CATCO PARTS, INC. 2 292.07 292.07 .00 .00 001001 PLYMOUTH, CITY OF 1 200.00 200.00 .00 .00 001048 HARMON AUTOGLASS 1 254.56 254.56 .00 .00 001082 IDENTISYS 1 360.74 360.74 .00 .00 001099 DUNLO MOTORS, INC. 1 40.00 40.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 375.13 375.13 .00 .00 001102 DTE ENERGY TECHNOLOGIES 1 1,883.10 1,883.10 .00 .00 001103 FINGERPRINT AMERICA 1 989.95 989.95 .00 .00 001104 LAKE COUNTRY /NORTH STAR CHAPTER 1 100.00 100.00 .00 .00 001105 PLANT & FLANGED EQUIPMENT COMPANY 1 319.50 319.50 .00 .00 001106 T & T MAINTENANCE, INC. 1 278.12 278.12 .00 .00 001107 VWR INTERNATIONAL, INC. 1 114.65 114.65 .00 .00 001109 CHEMSEARCH, INC. 1 113.10 113.10 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 136.32 136.32 .00 .00 001187 CONNEXUS ENERGY 1 2,769.37 2,769.37 .00 .00 0 0 CRYSTEEL TRUCK EQUIPMENT, INC. 1 159.75 159.75 .00 .00 00 55 CY'S UNIFORMS, INC. 1 822.38 822.38 .00 .00 001262 D.J.'S MUNICIPAL SUPPLY, INC. 1 317.70 317.70 .00 .00 001270 DALCO, INC. 1 419.19 419.19 .00 .00 001292 DEHN OIL COMPANY, INC. 3 3,345.20 3,345.20 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 2,812.50 2,812.50 .00 .00 001550 FORTIS BENEFITS, INC. 1 677.29 677.29 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 185.32 185.32 .00 .00 001618 GLENN REHBEIN EXCAVATING, INC. 1 677,344.17 677,344.17 .00 .00 001630 GOA COMPANY, INC. 1 450.03 450.03 .00 .00 001700 GOVERNMENT TRAIN SERVICE 2 435.00 435.00 .00 .00 • ' Date: 02/06/2002 Time: 08:31:59 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 0118 H & L MESABI, INC. 2 820.26 820.26 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 45.00 45.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 34.59 34.59 .00 .00 001897 IACP CONFERENCE REGISTRATION 1 100.00 100.00 .00 .00 002153 KNOWLAN'S SUPER MARKETS, INC. 1 157.38 157.38 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 150.00 150.00 .00 .00 002328 LEEF BROTHER, INC. 1 13.34 13.34 .00 .00 002340 IMAGE PRINTING & GRAPHICS 1 508.41 508.41 .00 .00 002379 LINO LAKES AREA CHAMBER OF COMMERCE 1 112.50 112.50 .00 .00 002550 MENARDS, INC. 2 163.97 163.97 .00 .00 002584 METRO SALES INCORPORATED 1 31.00 31.00 .00 .00 002640 RDO EQUIPMENT COMPANY, INC. 1 106.09 106.09 .00 .00 002786 MINNESOTA CRIME PREVENTION ASSOCIATION 1 30.00 30.00 .00 .00 002835 MINNESOTA SAFETY COUNCIL 2 370.00 370.00 .00 .00 002926 MN WEIGHTS & MEASURES 1 200.00 200.00 .00 .00 003011 MONTAIN, PAUL 1 103,195.00 103,195.00 .00 .00 0 MRPA 1 5.00 5.00 .00 .00 00 120 NATIONAL REC /PARK ASSOCIATION 1 25.00 25.00 .00 .00 003250 XCEL ENERGY 1 2,863.80 2,863.80 .00 .00 003452 PERA /COUNCIL 1 210.62 210.62 .00 .00 003757 REMEMBER ME FLORAL & GIFTS, INC. 2 105.70 105.70 .00 .00 003882 SHRED -IT, INC. 1 139.86 139.86 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 4 846.82 846.82 .00 .00 003940 SEARS COMMERCIAL ONE 1 320.02 320.02 .00 .00 004059 SMYSER, JEFF 1 193.00 193.00 .00 .00 004240 STREICHER'S, INC. 2 291.60 291.60 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 226.65 226.65 .00 .00 Date: 02/06/2002 Time: 08:32:00 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Vendor # Name # of items Net Gross Discount Lost 0 7 TIMESAVER OFF -SITE SECRETARIAL, INC 2 859.75 859.75 .00 .00 004469 TOUSLEY FORD, INC. 2 57.48 57.48 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 113.90 113.90 .00 .00 004671 VERIZON WIRELESS 1 375.30 375.30 .00 .00 004727 VILLELLA, CARRI 1 32.13 32.13 .00 .00 004840 WINNICK SUPPLY, INC. 1 35.25 35.25 .00 .00 004900 ZEP MANUFACTURING COMPANY, INC. 1 76.47 76.47 .00 .00 900060 DAY- TIMERS, INC. 1 72.37 72.37 .00 .00 900343 CompUSA, INC. 1 162.82 162.82 .00 .00 900415 CRAIG SEVERSON CONSTRUCTION 1 4,000.00 4,000.00 .00 .00 900488 WILD MOUNTAIN, INC. 1 459.00 459.00 .00 .00 900549 A SEASON TO TASTE CATERING, INC. 1 259.90 259.90 .00 .00 900591 CORPORATE EXPRESS, INC. 2 75.46 75.46 .00 .00 Grand Totals: 109 843,275.00 843,275.00 .00 .00* • Date: 02/06/2002 Time: 08:39:40 Operator: JAL Options: Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) 2214 - 2231 (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 64213 64245 64214 64216 64217 0 0 0 0 64227 0 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #14 M ANOKA COUNTY ANOKA COUNTY G.I.S. DI BACCHUS HOMES, INC. BLAINE, CITY OF BLUE TOW SERVICE, INC. DELTA DENTAL PLAN OF M DUNLO MOTORS, INC. HARMON AUTOGLASS ICMA /MANAGEMENT ASSOCI MINNESOTA SAFETY COUNC 64230 MN. DEPARTMENT OF SAFE 64231 MOLIN, VICKIE 64244 M MONTAIN, PAUL O PERA /COUNCIL . 34 PERA /REGULAR O PREFERRED ONE HEALTH P 0 RELIASTAR LIFE INSURAN 64237 SISKA GROUP, INC. 64240 T.K.D.A. O WESSEL, BRIAN PAYROLL WITHHOLDING * * * * * * ** WARRANTY DEED /OUTLOT A,C * * * * * * ** PARCEL SEARCHES * * * * * * ** REIMB BLDG ESCROW /1477 WATER TESTING FEE TOWING SERVICE DENTAL INSURANCE REIMBURSEMENT WINDSHIELD PAYROLL WITHHOLDING GUIDES /MANUALS LICENSE TABS REIMBURSE PROGRAM REC LAND PURCHASE PAYROLL WITHHOLDING PAYROLL WITHHOLDING HEALTH INSURANCE INSURANCE REIMS BLDG ESCROW /2384 6 PROFESSIONAL SERVICE /MAR * * * * * * ** REIMBURSE OVERPAY INSURA * * * * * * ** Total for Dept ** s * * * * * * ** O BLAINE, CITY OF PROGRAM REC O SPRING LAKE PARK, CITY PROGRAM REC 0 WILD MOUNTAIN, INC. PROGRAM REC Total for Dept 205 SPECIAL SPECIAL SPECIAL O KNOWLAN'S SUPER MARKET SUPPLIES YOUTH IN Total for Dept 207 O LEAGUE OF MINNESOTA CI CONFERENCE REGISTRATION/ MAYOR /CO O REMEMBER ME FLORAL & G ARRANGEMENT MAYOR /CO Total for Dept 401 584.50 1,604.26 75.00 500.00 286.55 115.00 1,630.70 40.00 254.56 4,472.69 100.00 103.50 33.00 - 2,805.00 210.62 15,715.95 6,337.40 766.76 397.86 5,875.11 1.40 36,299.86* 155.70 69.12 459.00 683.82* 143.09 143.09* 150.00 105.70 255.70* 64212 A T & T WIRELESS MONTHLY SERVICE /JAN ADMINIST 35.87 • Date: 02/06/2002 Time: 08:39:41 Operator: JAL Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Ch # Vendor Alpha Name 64218 64221 0 0 0 0 0 0 0 0 0 Description Dept Amount BLAIR, ANN D.C.A. INC. DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. GOVERNMENT TRAIN SERVI LINO LAKES AREA CHAMBE MINNESOTA SAFETY COUNC PREFERRED RELIASTAR TIMESAVER VILLELLA, BOOK FLEXIBLE SPENDING ADMINI DENTAL INSURANCE LONG TERM DISABILITY INS MCFOA CONFERENCE /JEAN V MEMBERSHIP GUIDES /MANUALS ONE HEALTH P HEALTH INSURANCE LIFE INSURAN INSURANCE OFF -SITE SEC JAN 14 & 23 CARRI REIMBURSE SUPPLIES Total for Dept 402 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST 64212 A T & T WIRELESS MONTHLY SERVICE /JAN SENIORS O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SENIORS 0 RELIASTAR LIFE INSURAN INSURANCE SENIORS Total for Dept 406 O DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY O MINNESOTA SAFETY COUNC GUIDES /MANUALS O PREFERRED ONE HEALTH P HEALTH INSURANCE O RELIASTAR LIFE INSURAN INSURANCE Total for Dept 407 64212 0 0 0 ill 0 A T & T WIRELESS DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN MONTHLY SERVICE /JAN DENTAL INSURANCE LONG TERM DISABILITY HEALTH INSURANCE INSURANCE Total for Dept 415 O A SEASON TO TASTE CATE O BUGGE, DAWN 0 DELTA DENTAL PLAN OF M O FORTIS BENEFITS, INC. 0 IMAGE PRINTING & GRAPH O MINNESOTA SAFETY COUNC O OWL ENGINEERING & EMC 0 PREFERRED ONE HEALTH P O RELIASTAR LIFE INSURAN O SMYSER, JEFF O TIMESAVER OFF -SITE SEC O T.K.D.A. 64240 T.K.D.A. BOX LUNCHES REIMBURSE SUPPLIES DENTAL INSURANCE LONG TERM DISABILITY PRINTING SERVICE GUIDES /MANUALS CONSULTANT HOURS HEALTH INSURANCE INSURANCE REIMBURSE CANCELLED JAN 9 Total for Dept 416 FINANCE INS FINANCE FINANCE FINANCE FINANCE ECONOMIC ECONOMIC INS ECONOMIC ECONOMIC ECONOMIC PLANNING PLANNING PLANNING INS PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING CONF PLANNING PLANNING GENERAL ENGINEERING /AUG ENGINEER PROFESSIONAL SERVICE /MAR ENGINEER Total for Dept 417 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 40.49 249.60 98.00 60.89 435.00 112.50 20.00 974.31 20.00 457.75 32.13 2,536.54* 64.96 4.05 4.00 73.01* 85.75 40.14 20.00 500.01 14.00 659.90* 118.74 24.50 11.16 237.15 4.00 395.55* 259.90 52.18 49.00 20.30 12.01 10.00 150.00 474.30 8.00 193.00 402.00 1,630.69* 94,223.17 1,041.67 95,264.84* Communit 49.00 Date: 02/06/2002 Time: 08:39:42 Operator: JAL Page: CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Ch�Ck # Vendor Alpha Name Description Dept Amount 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 MINNESOTA SAFETY COUNC GUIDES /MANUALS 0 PREFERRED ONE HEALTH P HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN INSURANCE Total for Dept 418 0 64212 0 64219 0 0 0 0 0 64222 0 0 0 0 0 0 0 64233 64235 0 0 0 0 111110 0 0 A T & T A T & T WIRELESS C. P. OFFICE PRODUCTS CHIEF SUPPLY, INC. CLEARWATER CREEK CONVE CompUSA, INC. CONNEXUS ENERGY CY'S UNIFORMS, INC. DELTA DENTAL PLAN OF M FAIRVIEW LAKES REGIONA FINGERPRINT AMERICA FORTIS BENEFITS, INC. IACP CONFERENCE REGIST IDENTISYS METRO SALES INCORPORAT MINNESOTA CRIME PREVEN MINNESOTA SAFETY COUNC OTTER LAKE ANIMAL CARE PHOTO WORLD, INC. PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN SHRED -IT, INC. STREICHER'S, INC. UNIFORMS UNLIMITED, IN VERIZON WIRELESS INS Communit 23.53 Communit 10.00 Communit 500.01 Communit 8.00 590.54* MONTHLY SERVICE /JAN MONTHLY SERVICE /JAN OFFICE SUPPLIES TOWELETTE /FILM /GLOVES CAR WASHES COMPUTER SUPPLIES MONTHLY SERVICE /JAN UNIFORM SUPPLIES DENTAL INSURANCE DRUG SCREEN CHILD IDENTIFICATION KIT LONG TERM DISABILITY INS MEMBERSHIP DUES /DAVE P RIBBON TONER MEMBERSHIP /KELLY M GUIDES /MANUALS ANIMAL CONTROL FILM PROCESSING HEALTH INSURANCE INSURANCE DESTROY CONFIDENTIAL MAT SUPPLIES UNIFORM SUPPLIES MONTHLY SERVICE /JAN VWR INTERNATIONAL, INC SUPPLIES Total for Dept 420 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 PREFERRED ONE HEALTH P HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN INSURANCE Total for Dept 421 0 CLEARWATER CREEK CONVE CAR WASHES 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE O FORTIS BENEFITS, INC. LONG TERM DISABILITY INS O LAKE COUNTRY /NORTH STA REGISTRATION /PETE K & VE O MINNESOTA SAFETY COUNC GUIDES /MANUALS O PREFERRED ONE HEALTH P HEALTH INSURANCE O RELIASTAR LIFE INSURAN INSURANCE 64238 SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS Total for Dept 422 • POLICE 11.80 POLICE 109.60 POLICE 364.66 POLICE 119.48 POLICE 132.06 POLICE 162.82 POLICE 10.65 POLICE 822.38 POLICE 338.26 POLICE 55.00 POLICE 989.95 POLICE 257.45 POLICE 100.00 POLICE 360.74 POLICE 31.00 POLICE 30.00 POLICE 30.00 POLICE 82.65 POLICE 66.20 POLICE 7,868.07 POLICE 104.00 POLICE 139.86 POLICE 291.60 POLICE 113.90 POLICE 375.30 POLICE 114.65 13,082.08* FIRE 47.28 FIRE 20.57 FIRE 965.02 FIRE 8.00 1,040.87* BUILDING 4.26 BUILDING 73.50 BUILDING 29.31 BUILDING 100.00 BUILDING 30.00 BUILDING 1,237.17 BUILDING 10.60 BUILDING 1,048.55 2,533.39* Date: 02/06/2002 Time: 08:39 :42 Operator: JAL Check # 64212 0 0 0 0 0 0 64224 0 0 0 0 0 0 Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount A T & T WIRELESS ANOKA COUNTY BOLDT, ROBERT CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. H & L MESABI, INC. H & L MESABI, INC. MINNESOTA SAFETY COUNC MN WEIGHTS & MEASURES PLYMOUTH, CITY OF PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN XCEL ENERGY MONTHLY SERVICE /JAN STREETS STREET LIGHT MAINTENANCE STREETS REIMBURSE CLOTHING ALLOW STREETS MONTHLY SERVICE /JAN STREETS DENTAL INSURANCE STREETS LONG TERM DISABILITY INS STREETS BLADE /NOSE FOR SNOW PLOW STREETS SNOW PLOW STREETS GUIDES /MANUALS STREETS SCALE CALIBRATION /CERTIF STREETS REGISTRATION /10 STREETS HEALTH INSURANCE STREETS INSURANCE STREETS MONTHLY SERVICE /STREET L STREETS Total O AMERICAN FASTENER & SU O BOYER TRUCKS, INC. O CAPITOL CITY WELDING, 0 CATCO PARTS, INC. 0 CHEMSEARCH, INC. O CRYSTEEL TRUCK EQUIPME O D.J.'S MUNICIPAL SUPPL 0 DEHN OIL COMPANY, INC. O DELTA DENTAL PLAN OF M O FORTIS BENEFITS, INC. 0 GILLUND ENTERPRISES, I 0 GOA COMPANY, INC. O HUGO FEED MILL & ELEVA IP0 INTERSTATE BATTERIES, O LEEF BROTHER, INC. O MINNESOTA SAFETY COUNC 0 MYERS TIRE SUPPLY COMP 0 PREFERRED ONE HEALTH P O RDO EQUIPMENT COMPANY, O RELIASTAR LIFE INSURAN O SAFETY KLEEN CORPORATI O SEARS COMMERCIAL ONE O T & T MAINTENANCE, INC O THANE HAWKINS POLAR CH 0 TOUSLEY FORD, INC. O WHITE BEAR LOCKSMITH, O ZEP MANUFACTURING COMP for Dept 430 PARTS /SUPPLIES PARTS /SUPPLIES OXYGEN PARTS /SUPPLIES AEROSOL MANUALS TAPE /BROOMS /BRUSHS GASOHOL DENTAL INSURANCE LONG TERM DISABILITY CHEMICALS OIL /DRUM HAND GUARD /TANK CAP BATTERIES SHOP TOWELS GUIDES /MANUALS PARTS /SUPPLIES HEALTH INSURANCE PARTS /SUPPLIES INSURANCE FLOOR DRY MATERIAL TOOLS REPAIR HOIST PARTS /SUPPLIES SEAL ASSEMBLY KEYS ZEPERFEX Total for Dept 431 0 ACE SOLID WASTE, INC. MONTHLY SERVICE /JAN O AID ELECTRIC SERVICE, MATERIAL /SHOP LIGHT O AMERICAN FASTENER & SU WIRE WHEEL 0 ANCHOR PAPER COMPANY, COPY PAPER 64215 ATOMICPARK.COM COMPUTER SOFTWARE • FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET INS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 27.31 3.61 154.00 570.31 98.00 53.65 820.26 373.18 50.00 200.00 80.00 711.45 23.40 2,863.80 6,028.97* 72.05 489.02 45.76 292.07 113.10 159.75 317.70 3,345.20 24.50 11.01 185.32 450.03 34.59 218.17 13.34 10.00 143.36 500.01 106.09 4.60 647.02 80.42 278.12 226.65 57.48 50.53 76.47 7,952.36* 314.37 67.33 22.79 991.21 14,945.04 Date: 02/06/2002 Time: 08:39:43 Operator: JAL Page: 5 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Ch # Vendor Alpha Name 64220 0 0 0 0 0 0 0 0 0 64229 64232 0 0 0 64212 64220 0 0 0 64225 64226 0 64228 0 0 0 �0 0 0 64241 64212 0 0 0 0 0 0 0 0 Description Dept Amount CIRCLE PINES, CITY OF CONNEXUS ENERGY CORPORATE EXPRESS, INC CRAIG SEVERSON CONSTRU DALCO, INC. DAY - TIMERS, INC. DTE ENERGY TECHNOLOGIE FORTIS BENEFITS, INC. IMAGE PRINTING & GRAPH MENARDS, INC. METRO SALES INCORPORAT OFFICEMAX, INC. PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN UNITED RENTALS, INC. A T & T WIRELESS CIRCLE PINES, CITY OF DALCO, INC. DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. HOFFMAN, MICHAEL HUGO FEED MILL & ELEVA KNOWLAN'S SUPER MARKET LICHTSCHEIDL, DAVE MINNESOTA SAFETY COUNC PLYMOUTH, CITY OF PREFERRED ONE HEALTH P MONTHLY SERVICE /JAN MONTHLY SERVICE /JAN OFFICE SUPPLIES FLOORING REPLACEMENT JANITORIAL SUPPLIES FILLER /2 SERVICE CALL /GENERATOR LONG TERM DISABILITY PRINTING SERVICE LIGHT BULBS SERVICE /SUPPLIES OFFICE SUPPLIES HEALTH INSURANCE INSURANCE EQUIPMENT RENTAL Total for Dept 432 MONTHLY SERVICE /JAN MONTHLY SERVICE /JAN JANITORIAL SUPPLIES DENTAL INSURANCE LONG TERM DISABILITY REIMBURSE SCREW SUPPLIES REIMBURSE GUIDES /MANUALS REGISTRATION /10 HEALTH INSURANCE CLOTHING CLOTHING GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME INS GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS INS PARKS ALLOW PARKS PARKS PARKS ALLOW PARKS PARKS PARKS PARKS PARKS PARKS PARKS QWEST MONTHLY SERVICE /JAN RELIASTAR LIFE INSURAN INSURANCE SEARS COMMERCIAL ONE TOOLS URICH, TRACEY REIMBURSE CLOTHING ALLOW PARKS Total for Dept 450 A T & T WIRELESS MONTHLY SERVICE /JAN DELTA DENTAL PLAN OF M DENTAL INSURANCE FORTIS BENEFITS, INC. LONG TERM DISABILITY INS IMAGE PRINTING & GRAPH MINNESOTA SAFETY COUNC MRPA NATIONAL REC /PARK ASSO PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN 64212 A T & T WIRELESS 0 0 0 • PRINTING SERVICE GUIDES /MANUALS ROUNDTABLE /BARRY B RENEWAL /BARRY B HEALTH INSURANCE INSURANCE Total for Dept 451 MONTHLY SERVICE /JAN DELTA DENTAL PLAN OF M DENTAL INSURANCE FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PREFERRED ONE HEALTH P HEALTH INSURANCE RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM ENVIRONM ENVIRONM 4,598.68 1,091.38 75.46 4,000.00 301.66 72.37 1,883.10 6.94 296.07 104.93 1,510.85 866.00 500.01 4.00 165.00 31,817.19* 73.00 396.72 104.07 134.75 53.62 111.00 3.24 14.29 249.44 40.00 80.00 1,487.18 56.27 22.00 239.60 159.53 3,224.71* 100.90 53.90 31.20 200.33 10.00 5.00 25.00 337.15 12.80 776.28* 27.31 11.02 5.73 225.01 Date: 02/06/2002 Time: 08:39:44 Operator: JAL Page: 6 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Chec 0 # Vendor Alpha Name Description Dept Amount 0 RELIASTAR LIFE INSURAN INSURANCE Total for Dept 461 ENVIRONM 1.80 270.87* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA 2.45 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SOLID WA 1.27 0 PREFERRED ONE HEALTH P HEALTH INSURANCE SOLID WA 50.00 0 RELIASTAR LIFE INSURAN INSURANCE SOLID WA .40 O SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 503.70 Total for Dept 462 557.82* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 PREFERRED ONE HEALTH P HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN INSURANCE Total for Dept 463 64244 M MONTAIN, PAUL LAND PURCHASE Total for Dept 470 FORESTRY 11.03 INS FORESTRY 5.72 FORESTRY 225.00 FORESTRY 1.80 243.55* 64212 A T & T WIRELESS MONTHLY SERVICE /JAN 0 AMERICAN FASTENER & SU LAG BOLT 64242 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE O CONNEXUS ENERGY MONTHLY SERVICE /JAN 0 DALCO, INC. JANITORIAL SUPPLIES O DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 MENARDS, INC. PARTS /SUPPLIES O MINNESOTA SAFETY COUNC GUIDES /MANUALS 0 PLANT & FLANGED EQUIPM ROD /GASKET /BOLT ID0 PLYMOUTH, CITY OF REGISTRATION /10 O PREFERRED ONE HEALTH P HEALTH INSURANCE 64236 QWEST MONTHLY SERVICE /JAN 0 RELIASTAR LIFE INSURAN INSURANCE O WINNICK SUPPLY, INC. PARTS /SUPPLIES Total for Dept 494 64242 M 0 0 0 0 0 CIRCLE PINES POST OFFI CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. MINNESOTA SAFETY COUNC PREFERRED ONE HEALTH P DEBT SER 106,000.00 106,000.00* WATER 108.14 WATER 8.73 WATER 187.56 WATER 930.30 WATER 13.46 WATER 40.42 INS WATER 20.39 WATER 59.04 WATER 20.00 WATER 319.50 WATER 40.00 WATER 371.44 WATER 36.02 WATER 9.60 WATER 35.25 2,199.85* UTILITY BILLING POSTAGE MONTHLY SERVICE /JAN DENTAL INSURANCE LONG TERM DISABILITY GUIDES /MANUALS HEALTH INSURANCE O RELIASTAR LIFE INSURAN INSURANCE Total for Dept 495 SEWER 187.57 SEWER 166.73 SEWER 40.44 INS SEWER 20.36 SEWER 20.00 SEWER 371.45 SEWER 9.60 816.15* 64223 GALATZER, SHAUNA REIMBURSE TRAIL IMPROVEM OTHER 64243 M GLENN REHBEIN EXCAVATI LAND PURCHASE OTHER 0 KENNEDY AND GRAVEN, IN SENIOR HOUSING PROJECT OTHER Total for Dept 499 Grand Total • 2,582.00 677,344.17 45.00 679,971.17* 995,048.80* • Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax February 5, 2002 TO: City Council City of Centerville City Council City of Circle Pines City Council City of Lino Lakes • FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of expenses. Your approval of expenses, as listed on the attached copy of the check register, checks #13049 — 13074, in the amount of $50,795.65 is hereby requested. • • DATE CHECK# NAME 2/5/2002 13049 2/5/2002 13050 2/5/2002 13051 2/5/2002 13052 2/5/2002 13053 2/5/2002 13054 2/5/2002 13055 2/5/2002 13056 2/5/2002 13057 2/5/2002 13058 2/5/2002 13059 2/5/2002 13060 2/5/2002 13061 2/5/2002 13062 2/5/2002 13063 2/5/2002 13064 2/5/2002 13065 2/5/2002 13066 2/5/2002 13067 2/5/2002 13068 2/5/2002 13069 2/5/2002 13070 2/5/2002 13071 • 2/5/2002 13072 2/5/2002 13073 2/5/2002 13074 • Centennial Fire District Check Register Ancom Communications, Inc. Anoka - Ramsey Community College Anoka County Highway Arch Wireless AT &T Wireless Centennial Firefighters Relief Assn. Centennial Utilities City of Lino Lakes College of Continuing Education Emergency Apparatus Maintenance Frattallone's Hardware Heiman Fire Equipment, Inc. Hugo Feed Mill & Equipment International Assn. of Arson Investigators Kevin Stewart McLeod USA Metro Fire Metrocall Milo Bennett MN Fire Agencies Purchasing Consortium Orkin Exterminating Reliant Energy Minnegasco Specialty Sales Service, Inc. Verizon Wireless Viking Office Products Xcel Energy ACCOUNT AMOUNT 42130 - Equipment Expense 2,749.92 42220 - Travel, School, Conference 980.00 42280 - Miscellaneous Expense 2,068.99 42240 - Telephone 71.20 42240 - Telephone 3.32 43010 - Relief Association 5,500.00 42251 - Station 1 - Gas 509.44 43030 - Common Area Charge 5,657.75 42220 - Travel, School, Conference 480.00 42000 - Vehicle Maintenance 436.19 42110 - Other Maintenance 107.59 42280 - Miscellaneous Expense 28,880.00 42110 - Other Maintenance 64.18 42200 - Dues and Memberships 50.00 42220 - Travel, School, Conference 178.56 42240 - Telephone 357.08 42130 - Equipment Expense 521.44 42240 - Telephone 68.90 42280 - Miscellaneous Expense 509.78 42200 - Dues and Memberships 35.00 42110 - Other Maintenance 51.12 42253 - Station 2 - Gas 567.40 42130 - Equipment Expense 43.36 42240 - Telephone 134.59 42180 - Office Supplies 57.30 42254 - Station 2 - Electric 712.54 Total $50,795.65 • • • Agenda Item — lAiii Staff Originator: Ann J. Blair, City Clerk Date: February 11, 2002 Topic: Consider Request from St. Joseph Catholic Church for an Exemption from Lawful Gambling License Votes Required: Simple Majority (3/5) Background Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from lawful gambling license requirements for special events, provided they make this request on no more than four (4) occasions in a 12 -month period. Currently, St. Joseph's Catholic Church typically conducts four exempt gambling activities each year. Each application is required to be considered separately. The request before you is for a one -day bingo activity to be conducted on March 24, 2002. Approval at this time will allow the church the additional time needed to submit the necessary paperwork to the State Gambling Control Board. Approval of this item is recommended, contingent upon completion of the background investigation. Options 1. Motion to Approve 2. Motion to Deny Recommendation Option 1 • • Page 1 of 2 3/01 irnrnIc.LJIa La WW1 vainuuuy LG220 - Application for Exempt Permit Fee - $25 For Board Use Only Fee Paid Check No. Organization Information Organization name Previous lawful gambling exemption number St. Joseph Parish X- 98004 -01 Street 171 Elm Street City Lino Lakes State /Zip Code MN 55014 County Anoka Name of chief executive officer (CEO) First name Last name Timothy Morin Daytime phone number of CEO 651- 784 -3015 Name of treasurer First name Last name Ronald Rausch Daytime phone number of treasurer: 763 - 780 -2128 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal E] Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization E Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity wit be conducted (for raffles, list the site where the drawing will take place) St. Joseph Parish • Address (do not use PO box) 171 Elm Street City Lino Lakes State /Zip Code MN 55014 County Anoka Date(s) of activity (for raffles, indicate the date of the drawing) March 24, 2002 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: : i *Bingo ❑ Raffles (cash prizes may not exceed $12,000) ❑ *Paddlewheels ❑ *Pull -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (Le. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. • • • LG220 - Application for Exempt Permit Organization Name Page 2 of 2 3/01 Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. The city approves the application with no waiting period. 0 The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). 0 The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date---- /-- -- - / - - -- If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. DThe county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. ElThe county denies the application. Print name of county (Signature of county personnel receiving application) Title Date---- /-- - - / - -- TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date__ Chief Executive Officer's Signature The information provided in this applic ' complete and accurate to the best of my knowledge. Chief executive officer's signature Name (please print) Timothy_J Morin Date 01 / 22 / 02 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. Staff Originator: Date: Topic: Votes Required: Background Agenda Item — lAiv Ann J. Blair, City Clerk February 11, 2002 Consider Request from Lino Lakes Lion's Club for a one -day temporary consumption and display permit (set -up license) Simple Majority (3/5) Non - profit organizations are allowed, under the State Gambling Statutes, to apply for a one -day temporary license in connection with a social activity occurring within the city and sponsored by the organization. The City may not issue more than 10 such licenses in any one -year period. This is the first request the City has received in 2002. The Lino Lakes Lion's Club has requested a temporary set -up license for an event to be held on February 23, 2002 at St. Joseph's Church. The fee for such a license is $25.00, which is set by the State. If granted, the permit will allow consumption or display of intoxicating liquor, but does not allow the sale of intoxicating liquor. Approval of this item is recommended, contingent upon completion of the background investigation. Resolution No. 02 -16 approves the requested temporary license. Options 1. Motion to Approve Resolution No. 02 -16. 2. Motion to Deny Resolution No. 02 -16. Recommendation Option 1 • • • • CITY OF LINO LAKES RESOLUTION NO. 02-16 TEMPORARY SET UP LIQUOR LICENSE PERMIT APPROVAL FOR ONE -DAY EVENT, LINO LAKES LION'S CLUB WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of February 11, 2002, and; WHEREAS, the Lino Lakes City Council discussed a temporary set up liquor license for a one -day event, and; WHEREAS, the City of Lino Lakes had conducted an investigation of the Lino Lakes Lion's Club, and; WHEREAS, the Lino Lakes Lion's Club is in compliance with City Ordinance, and; WHEREAS, the Lino Lakes Lion's Club appears to take into consideration the best interest of the City of Lino Lakes, and; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the temporary set up liquor license permit for a one -day event to be held on February 23, 2002, in the City of Lino Lakes, Adopted by the Lino Lakes City Council this day of , 2002. ATTEST: Ann J Blair, City Clerk John Bergeson, Mayor One DayTemporary Consumption and Display Permit Minnesota Department Of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT 444 Cedar Street - Suite 133 St. Paul, MN 55101 -5133 (651)296 -6439 TDD (651)282 -6555 Page 1 of 2 APPLICATION AND PERMIT FOR A 1 DAY TEMPORARY CONSUMPTION & DISPLAY PERMIT (City or county may not issue more than 10 permits in any one year) TYPE OR PRINT INFORMATION NAME OF ORGANIZATION 1-11,4 6' �„a�� i �^k°''`S C4:1&44 ORGANIZED 19 7 3 TAX EXEMPT NUMBER 1oc, 6 ©X 3c1 L' tv � P, 4i ►"N.-, s.sz.1 '-( STREET ADDRESS CITY STATE ZIP CODE NAME OF PERSON MAKIN APPLICATION BUSINESS PHONE HOME .PHONE S ki,s.,,, �(cE t 2 -a4- / _ 40/ Cal (4,S"I) `V -332 Lt'.c Lo' v-tavSal4 DATE SET UPS WILL BE SOLD V364- CQ TYPE OF ORGANIZATION CLUB CHARITABLE RELIGIOUS OTHE R nL Wa \1 S NONPROFIT (,5s) 4f3 - tte'to ORGANIZATION OFFICER'S NAME 16"0 S S Ctr44 S S�DDRESS (:58 3- or'uaCO' ex )LI,A0‘ ,KRS,dt?rt. SSot4 ‘v-at-s3 "W...,\6 ORGANIZATION OFFICER'S NAME 1- 0tY ill i''` ''' ADDRESS 70 0 / 1e'C-Q. I..iG i...j Et / -c 61 et- C' i v c:....CIA• Orvl-3, -3 iN'\ x -5Th Zf • co 5-V -� • ��lags ADD SS ''11 e; 1 t1 , a,„,,, ,k1: (.>ia `3f,3- 7�19 a ¶ t, qp ORGANIZATION OFFICER'S NAME • 3 y� o j43 Location where permit will be used. If an outdoor area, describe .3 CV . s-h 1 V a /M.�u t tJ�0Ock APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY /COUNTY DATE APPROVED CITY FEE AMOUNT PERMIT DATE (Not to exceed $25) htttx / /www.dns. state. mn. us/ alceamb /alcenf/forms /ldavtemn.htm1 6/12/01 • • One DayTemporary Consumption and Display Permit DATEkb.b. PAID Page 2 of 2 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event PS- 09098(12/98) NOTE: Complete all information and obtain all signatures on the page. Photocopy the page and send both documents to Alcohol and Gambling Enforcement Division, 444 Cedar St., Suite 133, St. Paul, MN 55101 -2156. This will provide the "two parts" referred to in the document. This page last modified: URL http: / /www.dps. state. mn. us/ alcgamb /alcenf/forms /ldaytemp.html Return to Alcohol Enforcement Documents Return to Alcohol Enforcement Home Page httn: / /www.dns. state_ mn_ nc /a1 mh/ alrPnf /fnrrnc /1.ia�,ro.,,..1.+..1 cI1' IA 1 • AGENDA ITEM 5/A STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police DATE February 11, 2002 TOPIC VOTES REQUIRED: BACKGROUND Annual renewal of Otter Lake Animal Control Contract 3/5 We have had Otter Lake Animal Control Center as our contract holder for the past 6 years. Our relationship during this time with the business has been very professional and we were able to meet the needs of the citizens, Otter Lake Animal Control Center and the City by utilizing the provisions of this contract. There are no changes from last year's contract. We request that the contract be renewed for calendar year 2002. OPTIONS 1. Approve the request to enter into a renewal contract with the Otter Lake Animal Control Center. 2. Return to staff for further information. RECOMMENDATION Option No. 1 CONTRACT FOR ANIMAL CONTROL SERVICES • THIS AGREEMENT, entered into this day of 2002, by and between the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, hereinafter referred to as the "Municipality ", and Otter Lake Animal Care Center, 6848 Otter Lake Road, Hugo, Minnesota 55038, hereinafter referred to as "Otter Lake ", regarding the provision of animal control services in the City of Lino Lakes. The parties hereto agree as follows: I. TERM The term of this contract shall be from through II. BASIC SERVICES Otter Lake agrees to provide the following services: 1. Shelter for animals on a 24 hour basis. 2. Pick up and transport to the shelter building during normal business hours, seven days per week upon the request of the appropriate Municipal official. 3. Animal examinations and veterinary care as required whenever staff is available. 4. Boarding for up to seven (7) days. 5. Euthanasia and disposal of animals if required. 6. Assist in handling animal abuse /neglect cases in cooperation with Municipal officials when necessary. III. COMPENSATION 1. The Municipality shall pay Otter Lake the following fees: A. IMPOUND FEE: An administration charge of $27.50 per animal for the first day of impound. B. BOARDING FEE: $11.00 per day, per animal, for each day after the first day of impound. C. QUARANTINE FEE: In addition to the regular boarding fee, $4.00 per day, per animal, for all animals which must be quarantined, not to exceed ten (10) calendar days. D. TRANSPORTATION FEE: $27.50 per pick up. E. VETERINARY SERVICE: $40.00 per hour (maximum of $200.00 on any injury charged to the city). F. FLEA DIP: $15.00 per animal. • • • G. EUTHANASIA AND DISPOSAL FEE 0 - 30 lbs. 31 - 60 lbs. 61 lbs. and over H. VACCINATION FEE None (no vaccinations given). $11.00 $15.00 $19.00 2. The Municipality will not be charged those costs recovered from pet owners. 3. Charges for services, shall be paid monthly or within thirty (30) days after submission of the monthly claims by Otter Lake to the Municipality. A copy of the impound sheet(s) shall accompany the monthly claims. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, Otter Lake Shall abide by all statutes, ordinances rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Otter Lake shall comply with all requirements of Minn. Stat. 346.37 and shall indemnify and defendant the City against any claimed violation of that statute, or any other statue, ordinance, rule or regulation pertaining to the services provided by Otter Lake. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS Otter Lake agrees to make available to duly authorized representative of the Municipality and either the legislative auditor or the state auditor for the purpose to audit examination pursuant to Minn. Stat. 16B.06, any books, documents, papers and records of Otter Lake that are pertinent to Otter Lake's provision of services hereunder. Otter Lake further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters. VI. INSURANCE Otter Lake shall purchase, maintain in full force and effect during the term of this Contract the following insurance coverage: 1. WORKER'S COMPENSATION: Coverage at statutory limits as provided by the State of Minnesota. 2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. 3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of $750,000 per occurrence, combined single limit of bodily injury liability and property damage liability. This shall include owned vehicles hired and non -owned vehicles and employee non - ownership. • • • Current valid insurance certificates meeting the requirements herein identified shall be filed with the Municipality before signing of this Contract. All policies shall provide, and the certificate issued shall evidence, that the Municipality shall be notified in writing at least thirty (30) days prior to cancellation or modification of coverage. VII. EARLY TERMINATION This Contract may be terminated by either party, with or without cause, upon thirty (30) days written notice, delivered by certified mail or in person, to the other party. VIII. MODIFICATIONS Any material alteration, modifications or variations of any terms of the Contract shall be valid and enforceable only when they have been reduced to writing as an amendments and signed by the parties. Municipality shall be named as an additional insured on all insurance certificates. IX. ENTIRE AGREEMENT It is understood and agreed by the partied that the entire agreeement of the parties is contained herein and that the Contract superseded all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Otter Lake and Municipality. The parties hereto revoke any prior oral or written agreements between themselves and agree that this Contract is the only and complete agreement regarding the subject hereof. CITY OF LINO LAKES OTTER LAKE ANIMAL CARE CEArftit BY: BY: • TITLE: TITLE: BY: BY: TITLE: DATE: • -Rev! sect AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: February 11, 2001 TOPIC: Consideration of Resolution 02 -14, Approving a Special Election for Recreation Complex, Neighborhood Park Improvements and Trails Referendum VOTE REQUIRED: Simple Majority BACKGROUND At the February 4, 2002 Park Board meeting, the Park Board members unanimously recommended to the City Council, " That an $8.6 million referendum be placed on the ballot for a special vote on Saturday, April 27, 2002, for the development of the recreation complex, neighborhood park improvements and trails." The proposal is based on many years of planning and citizen input on how the city can best meet the recreation and leisure needs and desires of the community. Many Lino Lakes residents have expressed a desire for recreation facilities comparable to those in other communities. In March, 1997 the City Council unanimously passed a resolution supporting the Park Board's recommendation to pursue a referendum to enhance the leisure opportunities for residents such as trails, neighborhood parks and development of a recreation complex. In November, 2001, after months of discussion, the City Council authorized staff to move forward with a spring referendum. A "Referendum 2002" committee was formed and has met regularly over the past several months. The content of the proposed referendum is a result of a lot of research, discussion, and effort by city staff, the "Referendum 2002" Committee, and members of the Park Board. The referendum consists of three major components: development of a recreation complex, improvements to 16 neighborhood parks, and the construction of trails. Recreation Complex Development of a recreation complex has been a priority for the city since 1991 when the Comprehensive Parks and Trails Plan was developed. The plan indicated that the city's growth and increased number of structured sports participants might necessitate the development of a recreation complex. As a result, over the next 10 years the city evaluated potential sites, authorized negotiations for acquisition of land and subsequently, with the approval of the Environmental Board, Planning and Zoning Board, Park Board, and citizens of Lino Lakes, purchased 67 acres of land at the southeast corner of Birch Street and Centerville Road for $925,000. February 7, 2002 Along the way, city staff worked with Jeff Schoenbauer from Brauer and Associates, to develop a master plan of the site. After a thorough review by members of the Referendum 2002 Committee, representatives of user groups, and Park Board members, the development plan includes the following: • 5 Full Size Soccer /Football Fields • 4 Full Size Softball Fields • 3 Little League/Youth Baseball fields • 2 Girl's Softball Fields • Skate Park Facility & Rink for Inline Skating (both used for ice hockey in the winter) • 2 Tennis Courts • Full Size Basketball Court • Internal Trails • Playground Equipment • Multi Purpose Building for Concessions, Restrooms, and Storage A copy of the current development plan of the recreation complex is attached. Neighborhoods Parks A successful bond referendum will provide significant dollars to develop new parks and enhance existing parks. Thirteen existing neighborhood parks will be enhanced with various amenities and three undeveloped parks will be completely developed per the approved master plans. I have attached an itemized list of the planned neighborhood park improvements. Meetings are scheduled the week of April 8th for residents who have a particular neighborhood park of interest to review and comment on the proposed improvements. Construction of Trails The third component of the bond referendum is establishing additional trails throughout the city. The purpose of the trail system is to provide functional pedestrian and bicycle linkages throughout the parks system. I have attached the proposed trails included in the referendum. How to Obtain More Information In addition to the neighborhood park meetings the week of April 8th, the "Referendum 2002" Committee is working on various ways for the residents of Lino Lakes to obtain specific information related to this important bond referendum including: Video Presentation - The video presentation provides information on the history of the referendum, specific content of the referendum, and additional information such as commonly asked questions, tax impacts, etc. The video presentation will be run on Local Cable Channel 16, and at various community meetings. February 7, 2002 Informational Brochure - An informational brochure will be sent to all Lino Lakes residents the first week of April. The informational brochure will include specific components of the referendum, tax impacts, voter information, etc. Town Hall Meetings - Meetings are scheduled April 18 and April 23 at 6:30pm to provide an opportunity for residents of Lino Lakes to review all of the information regarding the referendum and to ask questions. Both meetings will be held at City Hall. Web Site (www.ci.lino- lakes.mn.us) - The "Referendum 2002" web site will provide a centralized place for residents to view all the information pertaining to this important special election. The web site will also provide an opportunity for residents to make suggestions and /or comments pertaining to the upcoming referendum. The city's web page, as identified above in parenthesis, will provide a direct link to the "Referendum 2002" web site. OPTIONS: 1. Adopt a motion to approve Resolution 02 -14, Approving an April 27, 2002 Special Election for Recreation Complex, Neighborhood Park Improvements and Trails Referendum in the amount of $8.6 million dollars. 2. Do not approve Resolution 02 -14. RECOMMENDATION: Option 1 2/7/02 RD /Referendum /final green sheet CITY OF LINO LAKES RESOLUTION NO. 02-14 RESOLUTION APPROVING A SPECIAL ELECTION FOR RECREATION COMPLEX, NEIGHBORHOOD PARK IMPROVEMENTS AND TRAILS REFERENDUM WHEREAS, city staff, members of the park board, residents, and City Council members have considered a possible referendum since 1991 to develop a recreation complex, improve our neighborhood parks, and construct trails. WHEREAS, In March, 1997 the City Council unanimously passed Resolution 97 -30 supporting the Park Board's recommendation to pursue a referendum to enhance the leisure opportunities for residents such as trails, neighborhood parks and development of a recreation complex. WHEREAS, in November, 2001, after careful consideration, the City Council authorized staff to move forward with a Spring 2002 referendum. WHEREAS, a "Referendum 2002" Committee was formed to assist city staff and members of the Park Board to address issues related to a Spring 2002 referendum. WHEREAS, the referendum consists of three major components: development of the recreation complex, improvements to 16 neighborhood parks, and the construction of trails. WHEREAS, the "Referendum 2002" Committee and the Park Board have unanimously recommended to the City Council, "That an $8.6 million referendum be placed on the ballot for a special vote on Saturday, April 27, 2002 for the development of the recreation complex, improvements to 16 neighborhood parks, and the construction of trails." NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council approves that an $8.6 million referendum be placed on the ballot for a special vote on Saturday, April 27, 2002 for the development of the recreation complex, improvements to 15 neighborhood parks, and the construction of trails. Adopted by the Lino Lakes City Council this llth day of February, 2002. John J. Bergeson, Mayor ATTEST: Ann J. Blair, City Clerk Councilmember — introduced Resolution No. 02 -14 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember - and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-14 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -14 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02 -14 Witness my hand as said City Clerk and the Corporate Seal of the City this - day of —, 2002. Ann J. Blair (SEAL) REFERENDUM 2002 Proposed Neighborhood Park Improvements Arena Acres Park • Tennis court backboard Behm's Park • Picnic shelter • Half court basketball court • Landscape enhancements • Park benches, picnic tables, grills Birch Park • Picnic shelter • Half court basketball court • Landscape enhancements • Park benches, picnic tables, grills Birchwood Acres Park • Complete southern portion of park per the approved master plan • Picnic shelter • Half court basketball court • Internal trails • Sand volleyball • Horseshoe courts • Landscape enhancements • Park benches, picnic tables, grills Brandywood Park • Half court basketball court • Landscape enhancements City Hall Park • Half court basketball court • Pave parking lot near west field • Landscape enhancements Clearwater Creek Park • Complete entire park per master plan • Pave internal trails • Half court basketball court • Sand volleyball • Irrigation system • Establish turf • Park benches • Landscape enhancements Country Lakes Park • Group picnic shelter • Internal trails • Playground equipment • Horseshoe courts • Sand volleyball courts • Park benches, picnic tables, grills • Landscape enhancements Highland Meadows Park • Complete entire park per master plan • Playground equipment • Picnic shelter • Internal trails • Half court basketball court • Irrigation system • Substantial landscaping • Establish turf LaMotte Park • Playground equipment • Landscape enhancements Marshan Park • Picnic shelter • Half court basketball court • Internal trails • Landscape enhancements. • Park benches, picnic tables, grills Pheasant Hills Park • Bridge over creek, trail to Sherman Lake Road • Landscape enhancements Quail Ridge Park • Complete entire park per master plan • Playground equipment • Deck overlook • Internal trails • Boardwalk • Half court basketball court • Workout station • Horseshoe court • Landscape enhancements • Establish turf • Park benches, picnic tables, grills Shenandoah Park • Half court basketball court • Landscape enhancements Sunrise Park • Convert Field #2 to youth baseball field • Half court basketball court • Extend Glenview trail to parking lot • Landscape enhancements • Pave central parking lot Sunset Oaks Park • Significant site work including leveling and seeding • Half court basketball court • Landscape enhancements 2/7/02 • • AGENDA ITEM 7B STAFF ORIGINATOR: Michael Grochala C.C. MEETING DATE: February 11, 2002 TOPIC: Consideration of Resolution 02 -06 amending a Conditional Use Permit for the construction of a picnic shelter ACTION REQUIRED: BACKGROUND Gethsemane United Methodist Church 7330 Lake Drive 3/5 vote The subject property is zoned R -3, Medium Density Residential. Churches are a conditional use within the R -3 district. The Church is requesting a Conditional Use Permit amendment to construct a picnic shelter on the property. The Section 2, Subdivision 2.B13 of the City Zoning Ordinance states that, "any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit." ANALYSIS The proposed picnic shelter is classified as an accessory building (see Exhibit #2). It is anticipated the picnic shelter would be used for the Church's annual Booya Festival, Vacation bible School classes, Youth Events, Church picnics, and reunions. Under City Zoning Ordinance Section 3, Subd. 4.D.8.f., accessory buildings for property located within an R -3 zone, greater than one and one - quarter acres in size, are limited in number to a maximum of one attached garage and two detached accessory structures. The maximum total square footage for accessory buildings in an R -3 zone for a lot of this size is limited to 2,020 sq. ft. There are currently two detached accessory buildings on the property: an 8' X 10' tool shed and a 24' X 30' detached garage. The construction of the proposed picnic shelter would result in three detached accessory structures, one more than is allowed under City Ordinance. The total square footage of the existing two accessory buildings is 800 sq. ft. The proposed picnic shelter would measure 1,380 sq. ft. (30' X 46'), resulting in a total accessory square footage of 2,180 sq. ft. This is 160 sq.ft. more than is allowed under ID City Ordinance. Construction of the proposed picnic shelter would violate the City' s Zoning Ordinance in terms of both number and size of accessory structures. Removing the 8' X 10' existing tool shed, and decreasing the size of the proposed picnic shelter by 80 -sq. ft. are options to resolving this zoning issue. It should be noted that the City's Zoning Ordinance reaches a cap, or threshold level, of 2,020 sq.ft. for accessory buildings in ANY size lot of one and one - quarter acre or greater in an R -3 zone. Therefore, even though the proposed site is approximately 5.2 acres in size, the proposed picnic shelter would not be allowed under City Zoning Ordinance, and would thus require approval of a Variance for construction. A last issue of note is the roof material, a galvanized ribbed metal, noted on plans for the proposed picnic shelter. City Zoning Ordinance Section 3, Subd. 4.D.8.f.4 states that accessory buildings should contain "no metal corrugated siding or roof, except upon tool sheds less than one hundred fifty (150) square feet in area," with 4.D.8.f.6 going on to require that "roof and exterior color and material be compatible with the principal building (except for manufactured metal tool sheds)." The applicant has been made aware of these zoning regulations in discussions with staff, and has indicated that the roofing material could be changed to match that of the church. OUTSTANDING RELATED ISSUE In 1997 the Gethsemane United Methodist Church site underwent a Rezoning, Minor Subdivision, and Comprehensive Plan Amendment in order to construct a parsonage. The above requests were all approved at that time, subject to the following condition: 1. The subdivision include the formal dedication of the Stage Coach Trail right -of- way, with the understanding that Parcels B and C will be financially responsible for the future construction of the street" (see Exhibit #3 & #4). On inspection of the records in preparation of this report, it was found that the condition of approval was never fulfilled (see Exhibit #5). Staff is recommending that the right -of- way dedication be made as a condition of the Conditional Use Permit amendment approval. The purpose for requiring the dedication of the Stage Coach Trail right -of -way was to satisfy the subdivision requirement that all lots shall abut for their full frontage on a publicly dedicated street. Parcel B and Parcel C of the minor subdivision did not meet this requirement as originally proposed. The condition of the minor subdivision approval was based on the information submitted by the church and testimony received by the Planning & Zoning Board. The church had indicated that the proposed subdivision of Parcel B would be forthcoming. • • • If not for this, the minor subdivision would have been denied due to its nonconformance with the City's subdivision regulations. At a minimum the church would have been required to provide an improved city street extension with the appropriate cul -de -sac turnaround. Therefore, staff is of the opinion that the church needs to fulfill this requirement in one of two ways: 1. Dedicate the right -of -way for Stage Coach Trail to the northern property line of Parcel B (Exhibit 3) as originally proposed; or 2. The Stage Coach Trail right -of -way be dedicated to the city commencing at the north line of the platted Stage Coach Trail right -of -way and extending northerly approximately 160 feet to the center of a cul -de -sac turnaround with a minimum right -of -way radius of 60 feet. That the dedicated right -of -way be improved subject to the requirements of the City Engineer. PLANNING & ZONING BOARD The Planning and Zoning Board discussed the request at its January 9, 2002 regular meeting. The board discussed possible ways to decrease number and total square footage of accessory buildings. It was felt that by both eliminating the 8' X 10' tool shed and decreasing the footprint of the proposed picnic shelter (approximately one foot on each side) the proposed project could be brought into line with the City's Zoning Ordinance. The Planning and Zoning Board voted unanimously to recommended approval, with the following three conditions: 1. Elimination of the 8' X 10' tool shed (or attach it to the existing garage) so that there will be no more than two detached accessory buildings on the site once the proposed picnic shelter is constructed. 2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory square footage maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance. 3. Dedicate and record the formerly approved dedication of the Stage Coach Trail right - of -way. OPTIONS 1. Approval of the Conditional Use Permit Amendment, with conditions. 2. Deny the Conditional Use Permit. 3. Return to staff with direction. RECOMMENDATION Staff is recommending Option 1 with the following conditions: • • • 1. Elimination of one existing detached accessory structure so that there are no more than two detached accessory structures on the site (including the proposed picnic shelter). 2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory square foot maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance. 3. Roof materials should be compatible with the principle church building (no metal corrugated materials). 4. A building permit must be obtained for construction of the proposed picnic shelter. 5. Issuance of the building permit will not be granted until the right -of -way for Stage Coach Trail extending to the north property line of Parcel B, as shown on Exhibit 3, is dedicated to the City. • • 1. Elimination of one existing detached accessory structure so that there are no more than two detached accessory structures on the site (including the proposed picnic shelter). 2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory square foot maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance. 3. Roof materials should be compatible with the principle church building (no metal corrugated materials). 4. A building permit must be obtained for construction of the proposed picnic shelter. 5. Issuance of the building permit will not be granted until the right -of -way for Stage Coach Trail extending to the north property line of Parcel B, as shown on Exhibit 3, is dedicated to the City. EXHIBITS 1. General Location Map 2. Site Plan 3. 1997 Minor Subdivision Survey 4. 1997 City Council Minutes 5. Recorded Registered Land Survey No. 182 6. Cross Section of Picnic Shelter 7. Resolution No. 02 -06 z 4 I2 V 14 13 1 1. LINO ! LAKES 5 6 ter-^ MEADOW 7 L REHABILITAT1Oi CENTER STATE THANK HIGHWAY H0.49 -74TH - STREET ••g ]EXHIBIT #1 OUTLOT A \Z MARSHAN LAKE 11KH OF JOSEPH 13 9 3 2 I6 ?) I TO RR kZ miq t age mg r• ;T, s rr • .� • 5 • 41- NLIS \ fir$ • Sea �_...� t /•fir►'" µ m. n M GL,li.62N 0 µ r 3" • n ij Ds -es Ea; "il fl. s d q 2 L A n� X r f yI f • ♦ --•-yam 11 • 2• + 0. . w J CE J W 0 a.. w 0 r ` a a 0 Q n -J COUNCIL MINUTES EXIT #4 MAY 27, 1997 Consider FIRST READING of Ordinance No. } 97, Rezone Gethsemane United Methodist Church Property and Comprehensive Plan Amendment - Mr. Brixius reviewed the staff report with regard to the rezoning, Comprehensive Plan, compatibility, public services, and performance standards and advised decisions regarding land use appropriateness are considered matters of City policy to be determined by City officials. If the Council finds the proposed land use to be acceptable, staff would recommend approval of the rezoning request. This rezoning approval should, however, be made contingentupon the City amending its Comprehensive Plan (Land Use Plan) such that low density residential use is guided upon the • subject site. If considered for approval, Mr. Brixius recommended the following conditions: 1. The subdivision include the formal dedication of the Stage coach Trail right -of -way with the understanding that Parcels B and C will be financially responsible for the future construction of the street. 2. The City Engineer provide comment and recommendation in regard to utility issues. 3. Any other comments of City staff. Council Member Bergeson asked why the Planning & Zoning Board's recommendation is for approval but staffs recommendation is open. Mr. Brixitis noted the recommendation of the Planning & Zoning Board and explained any land use change is ultimately a Council determination. Council Member Bergeson noted sometimes churches grow and need more area for parking. He asked if this is an adequate piece of property for future needs. Mr. Brixius stated this is difficult to estimate but Parcel A, as shown, appears to have adequate room and setback to accommodate an expansion with some parking. He noted with utilities in the immediate vicinity, land becomes available for expansion. Mr. Brixius stated it appears the site serves the needs of the church and there is area for expansion. Council Member Bergeson asked if the entire parcel is tax exempt and when this would change in status. Mr. Hawkins advised this occurs when title is changed from the church. Council Member Lyden moved to approve the FIRST READING of Ordinance No. 15 - 97, Rezone, Gethsemane United Methodist Church property, and to approve a Comprehensive Plan Amendment (Land Use Plan) such that low density residential use is guided upon the subject site (as shown on draft town Center Land Use Plan) subject to three conditions as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consider Minor Subdivision - Council Member Bergeson moved to approve the Minor Subdivision of Gethsemane United Methodist Church Property subject to three conditions as - presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, Rick Carlson /Junes Property, 599 - 62nd Street - Ms. Wyland explained that Mr. and Mrs. Junes own approximately 30 acres at 599 - 62nd Street and have agreed to sell 21.66 acres to Mr. Rick Carlson but will keep the existing homestead and PAGE 11 N Oorslicn gne. . b .1 7 •N11 0 w n °' a a8_-yQ cs a'Q A^ v� r. N ° N M W t 0 AI.1 Zip �O H .4 \1 c. .50 W 0 0. pi 0'- - 'n U C ^' _ • Q -+ a W CA = Z Orgill .•+ 00•;8 - van M.L0.6tL00S ..... .-: qS v. \ ........ \ N \ o (n \��ti.\ �•1 La � 101 1P1311N2gA00 3N11 iS3M� 6'£££ 6 M„ £Z,00o00N • METAL RIDGE C.4 z0 0 z ' "' Z m 4 tuo <Iz 4U IQ z � 4 0o 4x X.4 2o OIDO. m� u,a�z -, 4o 5m�U�z m� N 'a rit 0 X U X = u,, 4 cp m W .z -� IQ 4 EE 4D IIY II ),- 4iii ® 44ii zi 1O> U 0 Csi ® d) N cA Z 0= z� 00) 0n U 4 01 z 0 rtt 4 0 n v m m 1H913H N3C173H DOWN FOOTING CROSS SECTION CITY OF LINO LAKES RESOLUTION NO. 02-06 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE CONSTRUCTION OF A PICNIC SHELTER FOR GETHSEMANE UNITED METHODIST CHURCH, 7330 LAKE DRIVE WHEREAS, an application has been submitted to the City for a conditional use permit amendment to allow the construction of a picnic shelter, and WHEREAS, the legal description of the property is: Tract A, Registered Land Survey No. 182 (PIN #17- 31 -22 -33 -0050) and WHEREAS, at their meeting on January 9, 2002, the Planning and Zoning Board conducted a public hearing to consider the application and recommended approval subject to the conditions listed in the meeting minutes; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as • required by Section 2 Subd. 2.B.7 of the Zoning Ordinance: The proposed use at the proposed location, subject to the conditions contained herein: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. c. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. d. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. • • f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. g. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. Will conform to specific standards of this ordinance applicable to the particular use. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the conditional use permit amendment subject to the following conditions: 1. Elimination of one existing detached accessory structure so that there are no more than two detached accessory structures on the site (including the proposed picnic shelter). 2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory square foot maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance. 3. Roof materials should be compatible with the principle church building (no metal corrugated materials). 4. A building permit must be obtained for construction of the proposed picnic shelter. 5. Issuance of the building permit will not be granted until the right -of -way for Stage Coach Trail extending to the north property line of Parcel B, as shown on Exhibit 3, is dedicated to the City. Adopted by the Lino Lakes City Council this 11th day of February, 2002 ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor • • AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 11, 2002 TOPIC: Resolution 02 -13: Final Plat, West Shadow Ponds ACTION: 3/5 vote BACKGROUND The City Council approved the preliminary plat on August 13, 2001 with Resolution 01- 113. The developer has submitted a final plat for approval. The City typically requires a number of things for a final plat approval. These include: • Final plat must substantially conform to the approved preliminary plat. • Development agreement must be completed, including financial securities. • Title must be reviewed by City Attorney. • Conditions of approval must be met. The final plat conforms to the preliminary plat. We have a development agreement. The title has been reviewed by the City Attorney. The conditions of approval have been met or are included in the development agreement, as appropriate. OPTIONS 1. Approve Resolution 02 -13 approving the final plat of West Shadow Ponds. 2. Return to staff with direction. RECOMMENDATION Option 1 • CITY OF LINO LAKES RESOLUTION NO. 02-13 RESOLUTION APPROVING THE FINAL PLAT FOR WEST SHADOW PONDS WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Spirit Hills was approved with Resolution 01 -113 by the City Council on August 13, 2001, and WHEREAS, the final plat for West Shadow Ponds complies with City requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for West Shadow Ponds. • Adopted by the Lino Lakes City Council this ATTEST: Ann Blair, City Clerk • day of , 2002. John J. Bergeson, Mayor t • Resolution 02 -13 Councilmember introduced Resolution 02 -13 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. n to Csi M M 0 to th of St Quarter of Nor the Lfne Northeast the Quouarter thwes of Section 32. T. 31, R. 22. •is •it - 1 �?94 e ! 1 r2JU57�Eaiimrn;t'glg1 43' sr.- 1 21. -, S717 tS2 E!(r5833 • l,1 ..23;0 1oo.64 .g 6 Sic . '_'�/1�'!•l• "•i ' 589'59'57"E 888.52 West Shadow Po Northeost Corner of the Southwest Quarter of the Northeast Quarter of Section 32 T 31. R. 22. 7' $ Y �� 4 !T '''- ir 5 1.t- . N 1 \ /7 \1, ,r" 4,e4 . ,` / // / ; a� /N6� \NV6 X16• G i •• •.o, 6 1 / i� O '`a�.. o. a 4. 229.95 - j 589.58'25 "E ! W •0 • itiSr W 1 \ .. r� 8 Sti15vv' ' ,.j I, / i• ? * ( .d .e•:� • ° i 6' s/111' 1.�F /�� 9 ,. /- __.l__ vt„ 165.05 1�6S.OS / 10•48•E 'L�. A . 0 1 `ti 330.10 589'58'25 "E J W 1, 'g o n ;I3 a� c_c e 5qq 7H 17 5J{ #°, IJIt 1111 ' 230.38 589.58'25 "E la I N p0 8 m o; ►. - - -- - ±_ _ C- -_ ' ,-- -_-' __�� 8 --- 660438'25.61._ y849.98... f•.•i: '_TRI: t Southwest Corner at Northeast Cuprter j of Section 32, T. 31, R. 22, Anoko ' County Minnesota. i The South Line of the Southwest 1/4 of the Northeast 1/4 of Section 32, T31, R22. -r 8a I 1 i r;4 I 1 8700�j/ 1;;,- ----- SB99BYSE 13215, KNOW Al 1. PERSONS BY THESE PRESENTS: 'fluu Richard S Partnership, fee owner of the Wowing described property situated The East half of the West half of the Southwest quarter of the Non 100.00 feet thereof, and EXCEPT the South 650.00 feet thereof; 'Ile West Iadf of the East half of the Southwest quaver of the Non 430.00 feet thereof; AND The East half of the East half of the Southwest quarter of the Nonl ;89.08 test of the Soum 229.08 feet of the West 230.36 feet them All in Township 31, Range 22, Atoka County, Minnesota. Has caused the same to be surveyed and platted as WEST SHAD, the public for public use forever the drive, and park as shown on tl utility purposes as shown on The plat. In witness whereof said Rh these presents to be signed by its pmper officer this day of Richard S. Carlson and Associates, LLP. Richard 0. Carlson, ns General Patnrer ' STATE OF MINNESOTA) Tie foregoing instrument was ackn COUNTY OF __, _ _ 2002, by Richer, and Associates, LLP. a Limited Lia Notary Public. _^ My Commission expires _ 1 hereby certify that 1 have surveyed and platted the property des this plat is a comet representation of the survey, that all distance of a foot. that all monuments will be correctly placed in the grow correctly designated on the plat, and that there are to wet lands t be designated other than as shown. VT Minnesota Maude. i.and Sw Minnesota License No. 15. STATE OF MINNESOTA) The Ibregoing Instrument was ack COUNTY OF _^, ) 2002, by Tedd Notary Public. _. _ My Commission expires I hereby certify that the City Council of the City of Lino Lakes, the plat of WEST SHADOW PONDS at a regular meeting he applicable, written comments and recommendations of the Com Engineer have been received by the City, or the prescribed 30 d and recommendations, as provided by Minn. Statutes, Section 5 City of Lino Lakes Anoka County, Minnesota; By Ry.. __ . Mayor , City Manager Checked and Approved this _ day of By _ _ _. _ . Anoka County Surveyor. '`-Sauthecat Corner of Northeast Quarter of Section 32, T, 31. R. 22, Anoko County. Minnesota. AGENDA ITEM 7D STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: February 11, 2002 TOPIC: Appointment of Development Regulations Task Force (DRTF) members BACKGROUND: As part of the Zoning/Subdivision Ordinance Update process, the council established the Development Regulations Task Force (DRTF). The DRTF is comprised of two members from the Planning & Zoning Board, Environmental Board, and the Economic Development Advisory Board. At their respective meetings in January, the boards selected representatives for appointment, by the council, to the Task Force. The following board members were nominated: Environmental Board Amy Donlin Rod Kukonen Alternate: Nikki Schneider Planning & Zoning Board Jamie Schaps Michael Hyden Alternate: Sharon Lane EDAC Julie Jeffrey - Schwartz Bill Hicks Alternate: Fred Chase The DRTF by -laws require that the City Council appoint members to the Task Force upon nomination by the respective boards. Alternates were selected in the event that an appointed board member is unable to fulfill the term of appointment. Alternates will be provided all information submitted to the Task Force members. RECOMMENDATION: Staff recommends appointment of the nominated board members • AGENDA ITEM 7E • STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: February 11, 2002 TOPIC: Resolution No. 02 -15, Revised Joint Powers Agreement with Hugo for Water Service. • • VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The City Council discussed and approved a Joint Powers Agreement (JPA) for water service with the City of Hugo at the September 24, 2001, City Council meeting. The City of Hugo requested that the term of the agreement, as stated in Article IV, Item G, be extended from 48 to 54 months. Staff has no objection to this change. The other key components of the agreement remain unchanged: 1. The water service is for residential land uses only. 2. Water use is billed at the City's rates plus 10 %, in accordance with City policy. Lino Lakes will provide one bill to the City of Hugo; Hugo will bill the individual users. 3. The developer will pay for the extension of the water main to the Hugo border. Lino Lakes will pay for 50% of the meter cost. 4. The water users in Hugo that are connected to Lino Lakes water are required to adhere to any and all water system related ordinances and policies in place in Lino Lakes. 5. The developer will be required to provide financial security for improvements within Lino Lakes consistent with current City policy. The City of Hugo has approved the attached agreement. The water main extension and meter along Cedar Street will be installed this year. After a great deal of grading activity in the fall of 2001, the Victor Gardens project was slowed due to floodplain definition issues. These issues have now been resolved. The project will resume when site conditions allow. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 02 -15, Approve the Joint Powers Agreement. 3. Adopt Resolution No. 02 -15 with revisions. RECOM ENDATION: Option No. 2 - Staff recommends that Resolution No. 02 -15 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 02-15 RESOLUTION APPROVING A REVISED JOINT POWERS AGREEMENT WITH THE CITY OF HUGO FOR WATER SYSTEM CONNECTION AND SHARED SERVICE AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the Cities wish to install a project which would allow Lino Lakes to provide water service to the City of Hugo, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with the City of Hugo for the water system connection and shared water service and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 11th day of February, 2002. AI LEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor • • • Councilmember — introduced Resolution No. 02 -15 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember — and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-15 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -15 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02-15 Witness my hand as said City Clerk and the Corporate Seal of the City this — day of —, 2002. Ann J. Blair (SEAL) Return to: David K. Snyder ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 JOINT POWERS AGREEMENT AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 200_, by and among the CITY OF HUGO, Washington, Minnesota ( "Hugo "); the City of Lino Lakes, Anoka County, Minnesota ( "Lino Lakes "); and POA- SCHERER, LLC, a Minnesota limited liability company ( "Developer "). WITNESSETH: WHEREAS, the Developer has proposed to construct a planned unit development major subdivision in the City of Hugo to be known as "Victor Gardens" ( "The Property "); and, WHEREAS, the Developer desires to service the property with a municipal water system; and, WHEREAS, Hugo Plans to provide water service to this area by the year 2005; and, • • WHEREAS, Hugo does not currently possess the ability to service the property with its existing municipal water system, however, the Hugo envisions that it will be expanding its municipal water service in the future so that the Hugo may, in the future, possess the ability to service the property with its own municipal water system; and, WHEREAS, Lino Lakes does currently possess the ability to service the property with its existing municipal water system; and, WHEREAS, the parties hereto desire to enter into a Joint Powers Agreement to allow Lino Lakes to service the property with its municipal water system until Hugo can extend its own municipal water system to the property; and, WHEREAS, Minnesota Statutes Section 471.59 authorizes two (2) or more governmental units by agreement of their governing bodies jointly and cooperatively to exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised; and, WHEREAS, cities are authorized to enter into development contracts as contemplated in Minnesota Statutes Section 462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth the respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and among the parties as follows: ARTICLE I Responsibilities of Developer A. The Developer shall arrange to conduct a site inspection of the property and prepare all of the necessary plans and specifications for the construction of the water system to service the property. The Developer shall hire the Contractor, with the approval of the Cities of Lino Lakes and Hugo, to install the improvements. B. The Developer shall prepare all necessary documents to bid out the project. The Developer shall hire contractors to install the water system to the property. The contractors shall be of the choosing of the Developer. Neither Hugo nor Lino Lakes shall be responsible for any actions of the Developer or the Developer's contractors regarding the installation or construction of the water system. All work to be done in constructing and installing the water system within Lino Lakes shall be done subject to the approval of the Lino Lakes City Engineer in accordance with City standards and requirements. All work to be done in constructing and installing the water system within Hugo shall be done subject to the approval of the Hugo City Engineer. The interconnect and appurtenances shall be contructed in accordance • with the direction of both cities. C. The Developer shall hold harmless and defend Hugo and Lino Lakes from any and all claims made by anyone for any defects or damages of any kind caused by the installation and/or construction of the water system. D. The Developer shall obtain any and all easements necessary to extend Lino Lakes' water system to the property. This shall be done at no cost to Hugo or Lino Lakes. E. Developer shall, contemporaneously with the execution of this Agreement, deposit with Hugo an escrow of Two Thousand Dollars ($2,000.00) to cover the cost of legal fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. • All fees and costs incurred by Hugo in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of 3 • • • the development. Any funds remaining in the escrow accounts after the completion of the development shall be refunded to the Developer. F. Developer shall, contemporaneously with the execution of this Agreement, deposit with Lino Lakes an escrow of Twelve Thousand Dollars ($12,000.00) to cover the cost of legal fees, construction documents and observation for the water main in Lino Lakes, engineering fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. All fees and costs incurred by Lino Lakes in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of the development. Any funds remaining in the escrow accounts after the completion of the development shall be refunded to the Developer. G. When Hugo has developed the capability to service the property, the Developer, its successors in title or assigns, agrees that it will hook up to Hugo's municipal water system. Additionally, the Developer agrees to grant to Hugo any and all easements as may be necessary to connect the property to Hugo's municipal water system, and at no cost to the City of Hugo. Developer makes this representation on behalf of itself and all future property owners within the plat. H. When the Hugo water system is extended to the property, the Developer, its assigns and its successors in title agree to pay assessments for the costs of the project in accordance with Minnesota Law, and Developer, its assigns and its successors in title waive all formalities or requirements pursuant to Minnesota Statutes Section 429, and specifically waive any right to appeal or contest the assessment of the project costs upon the lands affected hereby. 4 • • • I. Developer agrees to pay to Hugo, according to Hugo's regular and customary course of business, for all water supplied to the property, together with any water - related fees or costs charged to Hugo by Lino Lakes pursuant to this Agreement. J. The Developer agrees to construct the water system within the City of Lino Lakes described herein at its own expense and in accordance with Lino Lakes' specifications. Lino Lakes shall prepare plans and specifications for all work within Lino Lakes. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the project and shall submit the same to the Lino Lakes Engineer for review and approval. Developer shall provide a financial guarantee to Lino Lakes in the form of a cash escrow or letter of credit, in the amount equal to One Hundred Fifty Percent (150%) of the estimated amount of the cost of the water system to be constructed. K. The Developer, its successors and assigns shall pay to Hugo the prevailing water availability charges and connection charges as are customary for all water hook -ups in the City of Hugo at the time the Building Permit is requested for a lot. No connection charges or water availability charges shall be paid to the City of Lino Lakes. L. All water use charges that are delinquent shall be handled in like manner as other delinquent water charges in the City of Hugo. M. As part of the construction of the water system contemplated herein, Developer shall also install a water meter at or near the junction point with the Lino Lakes municipal water system. This meter shall measure the volume of water used in the City of Hugo in the Victor Gardens plat. 5 • • • ARTICLE II Responsibilities of Lino Lakes A. All work to be done in constructing and installing the water system shall be done subject to the approval of the Lino Lakes City Engineer in accordance with Lino Lakes city standards and requirements, and upon plans prepared by Lino Lakes. Lino Lakes agrees to authorize its engineer to inspect the plans and observe the site to insure that the system is adequately and properly installed. B. Hugo shall pay Lino Lakes all water utility fees required by the Lino Lakes City Code, City resolutions and amendments thereto. The specific water use rate applicable to Hugo shall be equal to Lino Lakes rate plus Ten Percent (10 %). The connecting meter shall be read by Lino Lakes personnel. A statement for the total water provided during the month, as determined by the Lino Lakes Finance Director, shall be mailed to Hugo within a reasonable time after the last day of each month. Statements shall be due and payable within thirty (30) days of receipt. All invoices shall be sent to the Finance Director for the City of Hugo. C. Lino Lakes shall pay for Fifty Percent (50 %) of the construction cost of the metered water connection, but no connecting mains. Hugo shall pay for Fifty Percent (50 %) of the construction cost of the metered water connection and Developer shall pay for all connecting mains. D. Lino Lakes agrees to cooperate with Hugo and the Developer in arranging for the switchover from the Lino Lakes water system to the Hugo system when Hugo develops the ability to service the property. The switchover shall be at no cost to Lino Lakes, and the Developer, its assigns and its successors in title, shall reimburse Lino Lakes for any costs incurred when this switching over occurs. 6 • • E. Lino Lakes shall ensure that the contract documents include a requirement that Developer secure insurance coverage satisfactory to Hugo and Lino Lakes. ARTICLE III Responsibilities of Hugo A. Hugo agrees to allow the property to obtain water service from Lino Lakes until such time as Hugo has the ability to service the property. B. Except as herein provided, Hugo shall be responsible for maintenance of any water mains within Hugo that use water from Lino Lakes. Hugo shall maintain the water mains in good working order and in accordance with the American Waterworks Association Standards for Water Mains. All repair and maintenance shall be completed within a reasonable time. C. Hugo shall report to the Lino Lakes Director of Public Services any defects which occur in the Hugo water system. Hugo shall have an on -call contractor available on a twenty -four (24) hour basis for repair of its water main system. Lino Lakes may designate any defect as requiring an emergency repair if it will have significant impact on the use of the Lino Lakes water system by Lino Lakes residents or businesses, if the defect will result in unmonitored use of the Lino Lakes water. In the event of an emergency, repair procedures shall be undertaken as soon as reasonably possible, but nothing herein shall prevent Lino Lakes from taking appropriate steps to protect the security of the Lino Lakes water system and the health, safety and welfare of Lino Lakes residents. All repair and maintenance shall be completed within a reasonable time. D. Hugo shall comply with the provisions of the Lino Lakes City Code relating to its water system and any amendments thereto. All Lino Lakes codes and resolutions • • • referred to in this Agreement are hereby incorporated. Nothing herein shall be construed to limit the authority of Lino Lakes to adopt or amend its ordinances or resolutions. ARTICLE IV Miscellaneous Provisions A. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the water system shall and hereby are made a part of this Agreement by reference as if fully set out herein in full. B. All applicable fees relating to this project shall be paid for by the Developer, including the cost of recording documents with Washington County and/or Anoka County. C. The Developer shall permit access to the land herein for periodic inspections to assure conformance with the conditions herein. D. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described on Exhibit A hereto and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the land herein, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. E. This Agreement may be terminated by Lino Lakes in the event that: 1. Hugo violates the terms of this Agreement, the provisions of Lino Lakes City Code relating to the Lino Lakes water system, or amendments thereto; and such violation continues for thirty (30) days after Hugo receives a written notice of violation from Lino Lakes. 2. Hugo fails to properly maintain its water system after reasonable • notification and opportunity to cure. • • 3. Hugo authorizes connection of any non - residential land uses. 4. Hugo authorizes connections of any development outside the boundaries of Victor Gardens, without first notifying and securing approval from the City of Lino Lakes. F. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers, the cost of said recording shall be borne by the Developer and charged against the escrow account. G. This Agreement shall remain in effect for a period of fifty -four (54) months from the date hereof, unless earlier terminated by the City of Hugo, and thereafter it shall expire, unless extended in writing by the parties hereto, their successors or assigns. City of Lino Lakes Ms. Ann Blair Lino Lakes City Clerk 600 Town Center Parkway Lino Lakes, MN 55014 City of Hugo Mr. Michael A. Ericson City Administrator 5524 Upper 146th Street North Hugo, MN 55038 POA- SCHERER, LLC Mr. Len Pratt 1611 Highway 10 N.E. Spring Lake Park, MN 55432 H. Notwithstanding the foregoing Paragraph G, the terms and conditions of this Agreement shall survive the termination of this Agreement to the full extent necessary for their enforcement and for the protection of the parties hereto, their assigns, successors in title and successors. 9 • IN WITNESS WHEREOF, the City of Lino Lakes, the City of Hugo, and Developer have caused this Agreement to be duly executed on the day and year first above written. STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON) ss. CITY OF HUGO By Fran Miron, Mayor By Mary Ann Creager, City Clerk On this day of , 200_, before me, a Notary Public, personally appeared Fran Miron and Mary Ann Creager, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of said City of Hugo by the authority of the City Council of the City of Hugo, and Fran Miron and Mary Ann Creager acknowledged said instrument to be the free act and deed of said City of Hugo. 10 Notary Public • • CITY OF LINO LAKES By John J. Bergeson, Mayor By Ann Blair, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 200_, before me, a Notary Public, personally appeared John J. Bergeson and Ann Blair, of the City of Lino Lakes, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of said City of Lino Lakes by the authority of the City Council of the City of Lino Lakes, and John J. Bergeson and Ann Blair acknowledged said instrument to be the free act and deed of said City of Lino Lakes. 11 Notary Public POA- SCHERER, LLC • By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 200, before me, a Notary Public, personally appeared and , to me personally known who are the and , respectively, of POA- SCHERER, LLC, a Minnesota limited liability corporation, and that said instrument was signed on behalf of POA- SCHERER, LLC, by the authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. • THIS INSTRUMENT WAS DRAFTED BY: David K. Snyder Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439 -2878 • 12 Notary Public • • EXHIBIT A Legal Description All lots in all block and outlots A, B, C, D, E, F, G, H, I, J, K and L in the Plat of Victor Gardens. 13 fo CITY OF LINO LAKES MINUTES DATE : January 14, 2002 TIME STARTED : 6:53 P.M. TIME ENDED : 10:29 P.M. MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Chief of Police, Dave Pecchia (part); City Attorney, Bill Hawkins; Community Development Director, Mike Grochala; City Clerk, Ann Blair; Public Services Director, Rick DeGardner (part); Director of Administration, Dan Tesch; Finance Director, Al Rolek; City Engineer, John Powell; and City Planner, Jeff Smyser OATHS OF OFFICE FOR COUNCILMEMBERS..,. City Attorney Hawkins performed the swearing -in cer Mayor of the City of Lino Lakes. br [he re- election of John Bergeson as City Attorney Hawkins performed the swearing fo Councilmember of the City of Lino Lakes. r the re- election of Jeff Reinert as City Attorney Hawkins performed the swe -in ceremony for the re- election of Caroline Dahl as Councilmember of the City of Lino SETTING THE AGENDA Councilmember Dahl asked that the appointment of Acting Mayor under agenda item 4C be handled separately from the remaining annual appointments. Mayor Bergeson advised City staff has requested the deletion of agenda item 7C, Consideration of Resolution 01 -185, Approving Minor Subdivision, SSR & W Development, for reconsideration at a future City Council meeting. Mayor Bergeson noted agenda item 5A will be slightly modified. The agenda was approved as amended. CONSENT AGENDA Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember O'Donnell seconded the motion. Motion carried unanimously. COUNCIL MINUTES JANUARY 14, 2002 • ITEM A. DISBURSEMENTS: i) January 14, 2002 (Check No. 63917 — 64076, $571,362.16) Approved • ACTION ii) Centennial Fire District (Check No. 12994 — 13023 $11,327.21) Approved iii) Charitable Gambling License Renewal — Approved VFW Post 6583 B. CONSIDERATION OF EASEMENT AGREEMENT FROM THE CITY TO THE SCHUT'S, Rick DeGardner, Public Services Director DeGardner advised City Attorney Hawkins has drafted the proposed Easement Agreement. This agenda item authorizes the Mayor and City Clerk to execute the Easement Agreement as required by th approved Stipulation of Settlement. OPEN MIKE Mayor Bergeson read a proclamation, declaring 1, 2002 as Dr. Martin Luther King, Jr. Day in the City of Lino Lakes. There was no one present for open mike. FINANCE DEPARTMENT RE- OLEK Consideration of Resolution Nt ..02 -02, Authorizing the Issuance of 2002 Certificates of Indebtedness, Al Rolek — Finance rector; Rolek advised the 2002 budget called for the issuance of Certificates of Indebtedness in the arTio%t "y of $140,000 at 6% interest to be used for the purchase of capital equipment as part of the City's equipment replacement program. Finance Director Rolek indicated the Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A Special Levy will pay for this certificate in 2003, 2004 and 2005 and the levy proceeds will be credited to the Area and Unit Fund. Finance Director Rolek advised staff recommends that the City Council adopt Resolution No. 02 -02, Authorizing the issuance of the 2002 Certificates of Indebtedness. Councilmember Reinert moved to adopt Resolution No. 02 -02, Authorizing the Issuance of 2002 Certificates of Indebtedness. Councilmember Dahl seconded the motion. Motion carried unanimously. • Resolution No. 02 -02 can be found in the City Clerk's office. 2 COUNCIL MINUTES JANUARY 14, 2002 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Approve Appointments to City Boards, Dan Tesch — Administration Director Tesch advised there are a number of vacancies to be filled on City Boards due to resignations or expiration of terms of office. Vacancies were advertised, applications accepted and applicants interviewed. In December 2001, the City Council reached a consensus to appoint or reappoint the list of individuals included in the staff report to serve on the various boards. The City Council now needs to take formal action to make these appointments official. Administration Director Tesch advised staff recommends that the City Council approve the appointments to City Boards as listed in the staff report. Mayor Bergeson stated outstanding candidates had been considered for the City Board vacancies and the decisions had been difficult to make. Councilmember O'Donnell moved to approve the Appointments to City Boards as listed in the staff report. Councilmember Carlson seconded the motion. Councilmember Carlson agreed that many good applicants had been considered and selecting new Board Members had been difficult. Because of the qualit y 'of the applicants and the fact that the City loses Board Members throughout the year, she novedto amend the motion to approve the Appointments to City Boards to state that if a Board 1VIem er leaves within the next year before new positions are scheduled to be advertised, the next topia plicant for that position fill the vacancy. Councilmember Dahl seconded the motion for'?discussion purposes. Councilmember Carlson noted ti e nviroental =Board had lost two members and went for three to four months without those positions being filled. She stated during the previous round of interviews for Environmental Board positions, the C ty received a very well - qualified applicant who had involvement in international organizations- However, this applicant had not been chosen at that time and one applicant that had been appointed resigned from the Board within one month and moved out of the City. She felt that appointing the next highest qualified candidate to fill this type of vacancy would be an efficient way of appointing well - qualified Board Members. Mayor Bergeson was opposed to this amendment. He felt the long -term vacancies on the Environmental Board were unfortunate. He felt this was a responsibility the City Council should have addressed and they could have filled those vacancies in a timely manner. He stated he would favor advertising for Board vacancies. Mayor Bergeson called for a vote on the proposed amendment to the original motion. Motion failed 2 -3 (Mayor Bergeson and Councilmembers O'Donnell and Reinert opposed.) 41) Mayor Bergeson called for a vote on the original motion to approve the Appointments to City Boards as listed in the staff report. • COUNCIL MINUTES JANUARY 14, 2002 Motion carried unanimously. Oaths of Office for Board Members, Bill Hawkins City Attorney Hawkins performed the swearing -in ceremony for the appointments of City Board Members. Mayor Bergeson extended his congratulations to the newly appointed Board Members. He indicated that the Board Members not present this evening could be sworn in at a later date. He noted Sharon Lane, a re- appointed member of the Planning and Zoning Board, had been present earlier this evening but left because today is her birthday. He wished her a happy birthday. Annual Appointments, Dan Tesch — Administration Director Tesch advised each year the City Council is required to make a number of appointments. Appointments of individuals to advisory boards have been approved. Included in the staff report is aelist of appointments that still need to be made. He noted the list showed the appointments for the ye& 2001 and the proposed appointments for 2002, some of which were the prerogative of the zty Co nctl to name. Mayor Bergeson noted Councilmember Dahl had askec addressed separately from the remaining appointment Mayor Bergeson noted item 13, the appointment' to correctly designate Councilmember Jeff Reine e appointment of Acting Mayor be y Corrections for 2001, should be amended Councilmember Dahl stated eve , s that -she stands for win -win situations and/or compromises. She stated she _ remai °`p d the same over the last four years and intends to remain the same in the future. She stated would li, a balance on the Council and, as long as there is a male Mayor, she would like the Actin • ayor e a female. She noted former Mayor Sullivan had appointed a male Councilmember to se`` as Acting Mayor. She indicated she had discussed this issue with Mayor Bergeson and had indicated she did not care whether she or the other female Councilmember serves as Acting Mayor, providing the position is filled by a female. She stated she was not concerned with the notion of majority or minority, rather she wished for the Council to be balanced. Mayor Bergeson stated during the last Council work session there had been proposals for two different individuals to serve as Acting Mayor for 2002. He asked that a motion be made for this appointment. Councilmember Carlson noted Mayor Bergeson had made such a motion at the recent Council work session and suggested he make that motion now. Mayor Bergeson moved to appoint Jeff Reinert as Acting Mayor for 2002. Councilmember O'Donnell seconded the motion. • • COUNCIL MINUTES JANUARY 14, 2002 Councilmember Carlson stated she agreed with Councilmember Dahl's comments. She recalled reading in the newspaper a few years ago when she was not serving on the City Council that there had been an investigation that found the women were sitting toward the back while the men sat at the table. She believed decisions such as appointing an Acting Mayor should be based on who has the best experience and training. She felt that Councilmember Dahl, the current Acting Mayor, would be the best candidate for this appointment, because she has done a very good job over the past two years, has been on the Council twice as long as Councilmember Reinert, has served on the Planning and Zoning Board and has been involved in other community activities. would be the best candidate for re- appointment. If Councilmember Dahl is not the choice, Councilmember Carlson stated she would be willing to serve as Acting Mayor. She noted she has served as Vice Chair of various boards since 1976 and has served on the Planning and Zoning Board for one year prior to being elected to the Council. Councilmember Carlson noted the Planning and Zoning Board is mandated by State law and she believed the City placed a great deal of emphasis on the Planning and Zoning Board. She noted per the minutes of the Special Council meeting minutes of October 17, 2001, Mayor Bergeson had stated he believes the Environmental Board is a sub -board relatmg to the Planning and Zoning Board. She did not believe this is the case and she felt the Enviromental Boarzj''s more important than that. Councilmember Carlson noted Councilmember Retne that there has been some animosity from the Board embrace development, or that the City is looking for development in order to be part of the process. Board that will embrace development as far as working with developers with an emphasis on the Board. d the Environmental Board applicants ast and the Board should work hard to nvironmental Board that embraces ved the City needs a strong Environmental Councilmember Carlson believed the City Council needs a role for women. She noted the current Mayor is male and she received 4`5 =5 percent'` of the votes when she ran for Mayor. She believed that women are not as respected as they should' "be in the City. Councilmember O'Donnell stated Councilmember Dahl has done a wonderful job as Acting Mayor over the last two years. However, he believed that providing another individual an opportunity to have that experience is a good idea. He stated he has not noticed any divisiveness on the Council by gender or any other lines in the two years he has served on the Council. He felt the fact that all the incumbents have been re- elected speaks to this very clearly. Therefore, he supported the appointment of Councilmember Reinert as Acting Mayor for 2002. Councilmember Reinert said he was surprised by these concerns. He noted the Acting Mayor simply runs the City Council meetings in the absence of the Mayor. He stated he appreciated the nomination. Regarding his comments during the interviews of the Environmental Board candidates, Councilmember Reinert indicated the statement "embracing development" if taken out of context, could mean a variety of things. He felt the Environmental Board should embrace development in the sense that they should be able to work with what is being developed. He stated development will • • COUNCIL MINUTES JANUARY 14, 2002 occur and, if the Environmental Board realizes this, they can be an integral part of the discussions, addressing environmental concerns and advising the City Council. He stated he stands by this notion one hundred percent and hopes the City has an Environmental Board that embraces development in that context so they can work with what will be developed in the future and the Council receives good environmental advice from the Board. Councilmember Carlson felt the question was whether the City Council would vote on experience and training. She noted she has attended a great deal of training and is aware of the amount of training received by both Councilmembers Dahl and Reinert. She was also aware that Councilmember Dahl has more experience. She expressed concern for not voting for the woman with more experience. Mayor Bergeson stated the City Charter suggests that the City Council appoint the Acting Mayor. However, the practice has been in the past that the Councilmembers have asked the Mayor for a recommendation and that recommendation has been supported by all the previous Councils. He stated two years ago he had intended to make a recommendation, but before he was able to do so, Councilmember Carlson had nominated Councilmembez,Dah1 and the entire Council had supported that nomination. He indicated, once again, one year ago Co ricilmember Carlson had suggested that Councilmember Dahl continue serving as Acting Mayor ndagain the entire Council had supported that nomination and he had not voiced his opinion. He felt Councilember Dahl had done a fine job serving as Acting Mayor during both years. Mayor Bergeson stated when the issue of appointing an Acting Mayor for 2002 had been discussed during the work session he had indicated that he 'would like to see Councilmember Reinert appointed to that position. He felt that the position of Acting Ma r should be moved around from time to time and he did not feel this issue related to gender He felt the City was well beyond the gender issue and he hoped that in all appointments, t Ze CounciI is gender- blind. He felt a good example of this was the Environmental Board, which w1 l -he 80 to 90 percent women in 2002. He stated those Board Members were not appointed because of the gender, rather they were appointed because of their excellent credentials. Councilmember Carlson stated the City Charter states that at its first meeting each year the Council shall choose an Acting Mayor to assume the office during the disability or absence of the Mayor. She stated the Charter does not give the prerogative to the Mayor to decide who should serve as Acting Mayor. Regarding the comment by Mayor Bergeson at the October 17, 2001 Special meeting that the Environmental Board is a sub - board, Councilmember Carlson noted the Planning and Zoning Board consists of one woman and six men, and the EDAC consists of two women and seven men. Mayor Bergeson believed all of those positions had been appointed gender -blind and appointed according to qualifications. Councilmember Reinert felt the issue of gender was a ridiculous topic for the Council to be discussing. He noted the only time this becomes an issue is when Councilmember Carlson brings it up. COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl wished to clarify that the former Mayor stated who she wanted to serve as Acting Mayor and the City Council at that time had allowed this. Mayor Bergeson called for a vote to appoint Councilmember Reinert as acting Mayor for 2002. Mayor Bergeson voted aye. Councilmember Reinert voted aye. Councilmemer O'Donnell voted aye. Councilmember Carlson voted nay. Councilmember Dahl voted nay. Motion passed on a 3 -2 vote. Councilmember Carlson moved to approve the Annual Appointments for 2002 of items two through 15 as presented in the staff report. Councilmember O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Accept Donation to City of Lino Lakes of $1,000 from Dave Pecchia - Public Safety Director Pecchia introduce Snowmobile Association in attendance this evening:F ,,a Public Safety Director Pecchia advised the Police D:± utilizing DWI/drug forfeiture funds to patrol theno, • Barons organization has graciously donated $1.,000 t+ purchase appropriate clothing and equipment °for this s no- Barons for Snowmobile Equipment, epresentatives of the Sno- Barons meat recently purchased a snowmobile trails within the community. The Sno - e. City of Lino Lakes to offset the cost to wmobile. • Public Safety Director Pecchia indicate snowmobile outfits that would allow eas equipment for the snowmobile iisell artment's current needs include snowmobile helmets, access to the officer's equipment belt, and emergency Public Safety Director Pecchia reque the Snow - Barons organization for their generous donation. Mayor Bergeson noted the amended agenda had also included the acceptance of a similar donation for use by the Centennial Fire District for Coldwater Rescue Equipment. He indicated this donation will be accepted at a future meeting. A Sno -Baron representative stated for 36 years the Sno- Barons have put on the largest snowmobile event in the world in Columbus Township. He stated the organization has begun to use more of its profits each year to put back into the community, such as monetary donations. He stated Sno- Barons was proud to make this donation to the Lino Lakes Police Department because they believe in the good job the Police Depaitment is doing with snowmobile protection. Councilmember Dahl indicated her husband and two sons attend the Sno - Barons snowmobile events regularly and are extremely impressed by the events. at the City Council accept the donation and publicly thank COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl moved to accept the donation of $1,000 from the Sno- Barons to defray costs to purchase snowmobile attire /equipment. Councilmember Reinert seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, LINDA WAITE SMITH Consideration of Receiving Bids and Awarding Playground Equipment, Clearwater Creek Park, Linda Waite Smith — City Administrator Waite Smith advised on Thursday, December 20, 2001, bids were opened for the Clearwater Creek Park playground equipment project. Three proposals were submitted. The playground equipment proposals were on display at City Hall the week of January 3 — 8, 2002. Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the project. City Administrator Waite Smith indicated that residents overwhelmingly chose Minnesota/Wisconsin Playground Proposal #1. Staff met with the interested residents on January 9, 2002 to make final decisions, such as color selection. Staff feels this proposall work well at Clearwater Creek Park. City Administrator Waite Smith advised that currentans are to tall the playground equipment in April through May with area residents, a certified playground installer and park maintenance staff. The funding for this project is the Outdoor Recreation Grant° that the City was awarded in 2001. City Administrator Waite Smith advised City sta award Clearwater Creek Playground Equipmnt Projt to Minnesota/Wisconsin Playground in the amount of $40,000. reboni nds that the City Council receive bids and Councilmember Carlson move' Project to Minnesota/Wiscons seconded the motion. Motion carried unanimously. aygroun s and award Clearwater Creek Playground Equipment in the amount of $40,000. Councilmember O'Donnell COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Second Reading, Ordinance 23 -01, Moratorium on New Residential Development, Jeff Smyser - City Planner Smyser advised the Comprehensive Plan sets the policy direction, while the implementation of the Plan occurs through official controls, such as the subdivision ordinance and zoning ordinance. Staff has set up a process for amending the official controls to implement the Plan. A moratorium will protect the City while this is occurring. The proposed Ordinance will prohibit most types of residential development activity in the City for one year. City Planner Smyser noted the City Council approved the first reading of Ordinance 23 -01 on December 17, 2001. • • • COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser reviewed the three main reasons for the moratorium and the scope of the moratorium. He indicated the City is in an awkward position between the old, sketchy Comprehensive Plan and the new Plan. The new Comprehensive Plan establishes numerous policies, such as managing the rate of growth and preserving environmental features through better design, and the current official controls do not provide the means to implement these policies. The moratorium will allow staff and consultants to devote resources to the ordinance project rather than attempting to review new applications using ordinances that may or may not support the Comprehensive Plan. City Planner Smyser indicated the moratorium does not apply to building permits or site plan reviews. Owners of platted lots have a right to build on them. Site plan reviews involve commercial and industrial projects. City Planner Smyser presented the proposed schedule for implementing the moratorium and indicated, if approved this evening, the moratorium would be effective on February 21, 2002 and would remain effective for one year, until February 21, 2003. City Planner Smyser indicated the Environmental Board recommended approval of the moratorium at its November 28, 2001 meeting. The Planning and Zoning Board conducted a public hearing on the moratorium ordinance on December 12, 2001. The Planning and Zoning Board recommended, on a 5 -1 vote, to approve the ordinance establishing the moratorium. The Board included a strong recommendation that the City complete the necessary ordinance revisions within the one -year period to avoid a need to extend the moratorium. The &ono i c I evelopment Advisory Committee recommended approval of the moratorium at its,Janary 3, 2002 meeting. City Planner Smyser advised City staff recd; 01. ends approval of the second reading of Ordinance 23- City Planner Smyser provided the Council with copies of a letter received by City staff earlier this evening from Peter J. Coyle, Atttriey representing Gary Uhde and Century Farm Development, Inc. Mr. Coyle had requested the letter be entered into the official record. A copy of the letter is attached to these minutes. Councilmember Carlson asked how many applications were currently pending and how many homes were involved with those applications. City Planner Smyser stated the City received one plat application last week, which has not yet been reviewed, and may have received another today involving approximately 80 acres. Community Development Director Grochala indicated according to the letter received today from Mr. Coyle, the plat being submitted by Mr. Uhde appeared to involve a total of 169 low-density, single - family residential units on 95 acres. Mayor Bergeson opened the meeting to public comments and stated that because this was not a public hearing comments should be concise. r • COUNCIL MINUTES JANUARY 14, 2002 Connie Grundhofer, 235 Linda Avenue, stated the City has worked hard on its new Comprehensive Plan and in order to implement the new Plan, the City must develop new ordinances. She believed this process will take some time and the sooner the process can begin the better. For this reason she asked that the proposed moratorium be passed. Matthew Weiland, representing Mr. and Mrs. Cardinal, stated the Cardinals have been working on the development of their property and submitted a plat application today. He felt because this application was in process it should be exempted from the impending moratorium. He indicated the applicants wished to continue working with the City on these development plans. Mr. Coyle indicated late this afternoon he faxed a letter to the City documenting the issues he wished to discuss this evening. He indicated Mr. Uhde was in attendance this evening, as well as his engineering consultant, John Johnson. Mr. Coyle stated he had previously expressed opposition to the proposed moratorium and his opposition remains the same. He felt the moratorium as proposed was unfair and illegal and the intent of the moratorium to establish growth control measures; which would allow the issuance of only 147 single - family building permits per year, which he believed was arbitrary and not legally sustainable. Mr. Coyle stated as of last Wednesday, Mr. Uhde has submitted a preliminary plat application for the next phase of the Behm's development. He stated Mr, lJhde would like to see that application processed by City staff. He stated if the City Council is determined to proceed with the moratorium, Mr. Uhde would request that a portion of the-land within the proposed project be exempted from the terms of the moratorium. He stated Mr. ma-- e -would like the ability to proceed with 23 acres of the approximately 98 acres Behm's Development Addition, while City staff is the process of working through the zoning and subdivision ordinance changes that are the subject of the moratorium decision. Mr. Coyle indicated, by applying the language of the moratorium ordinance literally, he felt that any land currently zoned R -1 or which is covered by an approved preliminary plat is exempted from the moratorium. With respect to the project area, a total of 9.387 acres meets this definition and should be allowed to go forward. Outlots B, C and D, Behm's Development 5th Addition, are already zoned R -1. Additionally, Lots 13, 14, 15 and 16 of Sunset Oaks (to be replatted with the Behm's Development) are covered by an approved preliminary plat. Mr. Coyle indicated Mr. Uhde further requests that an additional 13.861 acres be exempted from the moratorium due to its compatibility with the underlying nine acres, and its compatibility with the existing, approved and fully developed Behm's development. Mr. Coyle stated if these requests are granted, Mr. Uhde would be committed to working with City staff to ensure the project conforms with the existing ordinances and that in the future the balance of the property not being proposed at this time will conform with whatever form the ordinances may take. 10 • COUNCIL MINUTES JANUARY 14, 2002 Mr. Coyle felt this was a proposal that would meet the City part way. He stated this request was fundamentally premised on the idea that Mr. Uhde has invested hundreds of thousands of dollars in readying this property for development. The land areas already developed are contiguous with the property proposed to be exempted and the property is already guided for single- family, low - density development. The property is most likely, under any scenario that would be presented to the City over the next couple of years, to develop in substantially the same manner as proposed in the application submitted last Wednesday. Councilmember Reinert requested confirmation that if the second reading of the ordinance is approved this evening the moratorium would not take effect for 30 days. City Attorney Hawkins stated this was correct. Councilmember Reinert asked if the requests for exemption from the moratorium could be addressed by the City Council within that 30 days even after taking action on the moratorium. City Attorney Hawkins stated if the Council wished to exempt certain properties, then Section 3, Subparagraph E of the ordinance would have to be amended to include those exemptions. He cautioned the Council against picking out individual parcels and including those to that section of the ordinance, unless the Council had specific reasons why those parcels should be treated differently than any other residential property within the City. Councilmember Reinert requested the City Attorney's opimo egarding the comments made this evening by the two developers' representatives µCity °Attorney Hawkins believed the primary legal issue being raised was whether or not the City, ly exempting property it owns for development, has created a discriminatory situation. He noted the staff rp'ort delineated the reasons why the City feels it can differentiate the Village property, which he felt'were legitimate reasons and not ones that were designed to put the City in a better developmentRyposition than any other developer. He stated he did not agree with Mr. Coyle's position regarding the `legality of the proposed moratorium. � a } Councilmember Reinert expressed concern for the City Council not taking action on the proposed moratorium for fear of potential legal action. He stated he supported the City Attorney's opinion. Mr. Coyle noted the proposed moratorium ordinance identified the exemption of properties with approved preliminary plats and development requests of residential subdivisions that result in up to four lots. He felt the City was improperly singling out two categories of residential development. Mr. Coyle noted there have been 10 years of development within the Behm's development and indicated the future development will be consistent with that which has occurred over the last 10 years. He asked that Mr. Uhde be allowed to continue with a scaled -down version of his development plans. City Attorney Hawkins advised State law requires that moratoriums not apply to plats that have received preliminary approval. Additionally, per the staff report, small developments of four lots or less will not create the kind of inconsistencies with the Comprehensive Plan that are likely to occur with larger developments. 11 • • COUNCIL MINUTES JANUARY 14, 2002 Mayor Bergeson noted Mr. Coyle was suggesting that part of Mr. Uhde's development would already be exempt from the moratorium if the ordinance were passed in its current form. He questioned how the City would determine whether or not this was in fact the case. City Planner Smyser indicated once a project receives preliminary plat approval a final plat application must be allowed. He noted Mr. Coyle had referred to nine acres that had been included in the approved preliminary plat for the Behm's Development 6th Addition as being exempt from the moratorium. He indicated the nine acres are outlots that would require preliminary approval to develop. Additionally, regarding the issuance of MUSA, he indicated the moratorium would apply to all areas not located within the existing MUSA. He added that he had just received the information from Mr. Coyle this evening and has not had an opportunity to determine which areas are within the existing MUSA. Al Robinson, 8299 4th Avenue, stated he has been a businessman in the Lino Lakes community for 47 years and he believed the proposed moratorium would send a negative message to business owners. He noted there is currently no grocery store in Lino Lakes and he believed a moratorium would drive business away. He did not believe it would take the City one year to address its ordinances since, when serving on the Planning and Zoning Board, the' oard uvas able to update the City ordinances in four meetings. He felt the City should be able to update its ordinances without a one -year moratorium. Mr. Robinson noted the number of lots available at City does not have enough inventory. He notedlthe' residential units per year, which would mean the Ci than three years worth of residential development. There was no one else present public comment. e was approximately 400, which meant the the Comprehensive Plan was for 147 y has enough inventory at this time for less speak, and Mayor Bergeson closed the meeting to Councilmember O'Donnell requested, fication of whether the number of pending preliminary plats referred to earlier included those that have been approved or simply to those that have been submitted for review. City Planner Smyser stated the number referred to earlier was for the number of new preliminary plats received by the City. He indicated the City has received two new applications which have not yet been reviewed by Staff. Councilmember O'Donnell clarified the proposed moratorium is not intended to control growth, rather the only way City staff would be able to focus on developing new ordinances to implement the new Comprehensive Plan was if their time is redirected from plat review and working with developers to developing those ordinances. He stated he respected staff s opinion that this was the only way to effectively perform this work. He did not believe any of the Councilmembers wish to enact a moratorium and noted the Council has discussed this issue in many work sessions. He felt the issue at this point was where to draw the line and determine what properties should be exempted from the moratorium. He questioned whether it would make sense to also include in the list of exempted developments the plats that have already been received by the City but have not received preliminary approval. 12 • COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser felt that this would eliminate a number of purposes of the proposed ordinance. He indicated allowing the recently received plats to be exempted from the ordinance would distract staff from efficiently working on the necessary ordinances to implement the Comprehensive Plan. Additionally, the current ordinances will not implement the new Comprehensive Plan and, in order to do so, staff must revise the official controls. Therefore, he believed staff's view would be that exempting these plat applications would be defeating the purpose of the moratorium. He noted many other developers had recently questioned whether they should submit preliminary plat applications and were told, while they could summit their applications, their plats would not receive approval prior to the effective date of the moratorium. He felt it would be unfair to those developers to allow the recently submitted plats to be exempt from the moratorium. Mayor Bergeson noted over the next couple of years there will be a number of new homes constructed within the City, some under the old rules and some under the new rules. He felt it will take at least one to two years before all new construction will be under the new rules. He felt the issue at hand was interpreting where the old rules end and where the new ones begin. Councilmember Carlson suggested that the Council address the concern that there is currently not enough housing inventory in the City. City Planner Shyser believed Mr. Robinson was referring to the goal of the new Comprehensive Plan to maintain 4n inventory of three years at approximately 147 new lots per year. He indicated the City currently has approximately 400 lots in inventory at this time. He noted in order to implement this goal, controls must be in place. He noted one primary reason for the moratorium was the concern over wheher or not the new Comprehensive Plan is in effect and can be used as a guide. He believed the Ci 'currently has enough inventory for nearly three years of residential development an d the new ordinances will be in effect well before that time. Councilmember Carlson asked whether the Council would have any basis to allow the applications received prior to this evening to rove forward. She no t Mr. Vaughn's development project was also under consideration at this time, having been reviewed by the Planning and Zoning Board at their last meeting. However, she stated there may be difficulty if other developers feel they did not have this opportunity. Community Development Director Grochala clarified that staff did not tell any developers to not make application at this time; rather they had been informed of the process, the proposed moratorium and its purpose. Community Development Director Grochala stated he could foresee problems with pursuing the exemption of the recently submitted plat applications. He questioned whether the City Council would be willing to approve two plats consisting of approximately 260 lots for development based on the existing rules. He indicated if the plats were consistent with the existing rules, Staff would have no basis to recommend denial. Additionally, the City does not have MUSA available at this time to allocate to the two subject plats. Community Development Director Grochala stated the City has worked a number of years on the new Comprehensive Plan and the 20 -20 vision process and a new Plan has been developed. He stated 13 1 COUNCIL MINUTES JANUARY 14, 2002 staff was attempting to protect the planning process and ensure the goals and policies in the new Comprehensive Plan are carried out with all future development. He stated enacting a moratorium will allow staff to do this and will ensure there are no questions about whether or not the new regulations are being applied. Community Development Director Grochala stated the primary concern for staff was whether the Council would be comfortable with the possibility of approving the two subdivisions based on the existing ordinances. He acknowledged it would not be impossible for staff to review the two applications in conjunction with working on the new ordinances. Councilmember Reinert noted another issue was the fact that the City does not have MUSA available at this time. He indicated the current plats before the City require MUSA and, even if they met the current ordinances, they could not be granted approval because there is no MUSA available. Community Development Director Grochala concurred. Councilmember O'Donnell believed, even though the City currently has no MUSA available, the hope would be that if the developers would be allowed to move forward with their preliminary plat applications, the City would have MUSA available once the Comprehensive Plan is approved by the Metropolitan Council. Councilmember Reinert stated if MUSA were to become available in the near future to apply to the plats, then this would change his understanding :6f C .ty's position at this time. Community Development Director Grochala explained that once the Comprehensive Plan review is completed by Metropolitan Council and the plan becomes effective, then MUSA would become available to allocate. Therefore, it hazy be possible,that within two months the City may have available the 359 acres of MUSS. that had been requested. Councilmember Carlson noted propertiesAcurrently located in a MUSA area could request approval for development. Additionally, she recalled in the past instances where MUSA exchanges have occurred. City Planner Smyser agreed there is a possibility of MUSA exchange. He indicated this would be at the sole discretion of the City Council and is rarely done. City Administrator Waite Smith stated the only MUSA exchange that has occurred involved the VFW, who owned both parcels of land. Mayor Bergeson called for a motion on the second reading of Ordinance 23 -01. Councilmember O'Donnell moved to approve the SECOND reading of Ordinance 23 -01, Interim Ordinance Establishing a Moratorium on Residential Development, as presented. Councilmember Carlson seconded the motion. Councilmember O'Donnell moved to amend the motion providing that Section 3E(1) of the ordinance be amended to include an exemption to the moratorium for preliminary plats which have been 14 es • • COUNCIL MINUTES JANUARY 14, 2002 submitted to the City for review prior to the effective date of the moratorium. Councilmember Reinert seconded the motion. Councilmember Reinert questioned how many plats this amendment would affect. Community Development Director Grochala stated this would depend upon the proposed cut -off date for plat application submittals. Councilmember O'Donnell indicated his intent was for the cut -off date to be the effective date of the moratorium. He acknowledged this could open the City to receiving more plat applications before the effective date and suggested that this date be discussed and amended if necessary. Mayor Bergeson suggested the cut -off date be the date of adoption of the second reading of the ordinance by the Council. Councilmember Reinert agreed since his intent was to allow only those applications that have already been submitted to be exempted from the moratorium. Councilmember Reinert moved to amend the proposed amendment, providing that the exemption proposed under Section 3E(1) of the ordinance be hated to those preliminary plats submitted to the City prior to adoption of the second reading of the ocnance by tle= "council. Councilmember O'Donnell seconded the motion. Councilmember Carlson requested a legal opinion an, staf s opinion on whether there would be challenges from other parties to this motion City Attorney indicated the City Council has the right to allow the moratorium to apply to anything that has not received preliminary plat approval. He stated providing the Council chooses a date4hat does not specifically benefit one person over another, such as the effective date c fthe °. ® option pf the ordinances as proposed, he believed this would be defensible. Community Development Director roc expressed concern for the developers that this exemption would apply to He noted there has been o consistency in how the City approves or denies plats, indicating that some plats have gone through quickly while others have taken as long as one, two or even three years. He was concerned that the developers that the exemption would apply to would be caught between existing ordinances and meeting those requirements, as well as perhaps being forced or requested to meet ordinance requirements the City may or may not have developed. He noted there would be no guarantee that if the plats meet all the current requirements, the City will approve the plats since there are impending changes to some of the requirements. Community Development Director Grochala noted there was a concern regarding the perception of a moratorium and he personally felt if the situation he just proposed happens, which he was nearly certain will happen, the impact on the perception would be much worse than simply moving forward with the moratorium as originally proposed. Councilmember Reinert noted the motion did not guarantee approval of the preliminary plats. Community Development Director Grochala was concerned that the developers would move forward anticipating that their plats will be considered for approval under the current zoning and subdivision 15 • • COUNCIL MINUTES JANUARY 14, 2002 ordinances. He reiterated if the plats meet those ordinance requirements, then the City would be in the position of approving those developments. He did not feel the plats should be allowed to move forward if it was likely they would not be approved. Councilmember Carlson questioned whether it would be possible to allow the three applications currently before the City to move forward providing they meet the new ordinances. Community Development Director Grochala noted the City does not at this point know what the new ordinance requirements will be. He believed the developers were asking to proceed with the current ordinance requirements and staff would not at this time be able to review the plats based on the new Comprehensive Plan. He felt there could be a verbal agreement from the developers to comply with the new ordinance regulations but he was not certain the City could ask for this type of agreement when the new regulations are unknown. Mayor Bergeson believed the Vaughn development would not apply to these concerns since it has already been reviewed by the Planning and Zoning Board and will be before the Council prior to the effective date of the moratorium. However, he noted one issue the Planning and Zoning Board had with the Vaughn development was the number of lots: roposed. He questioned, if changes were made to the development, how the City would determine at what point in the process a new application would have to be made and how to apply c #her the new''ordinance requirements or the old requirements. Community Development Director Grochala believedthe City has an opportunity to act on the Vaughn development prior to the effective date of the moratorium. However, if the development were to fail at that time and a new applicationwas submitted, it would be subject to the moratorium. City Attorney Hawkins stated if the Council denied the Vaughn development and Mr. Vaughn then submitted a new plat that was substantially different than the original, he would have to file a new application. He believed if the development Was denied due to a slight dislike of the configuration it r„ may be possible to reconsider the development under the existing application if the changes were not substantial. Councilmember Carlson asked how the moratorium would affect the Vaughn application if the application were tabled by the Council. City Attorney Hawkins stated if the proposed action this evening was to allow plats that have been filed to move forward until they are denied, then the Vaughn development would still be an open application even if tabled. Councilmember Reinert requested clarification if the plats received to date were allowed to move forward could they be considered beyond the effective date of the moratorium. City Attorney Hawkins clarified that any preliminary plats falling under this exemption could then go forward in the process until they were either approved or denied. Councilmember Carlson expressed concern whether the Council could hold the recently received plats to the new ordinances if they were exempted from the moratorium. City Attorney Hawkins stated those plats would have the right to be judged under the existing ordinances. 16 • COUNCIL MINUTES JANUARY 14, 2002 Councilmember Carlson noted that the 287 lots involved in the two plats could all be constructed at one time. She stated she would prefer to hold the two developments to the new Comprehensive Plan since approving the plats under the existing ordinance would not uphold the goals of the new Plan. Community Development Director Grochala stated the Council could potentially be considering preliminary plat approval on both developments in March and final plat approval in April and construction could potentially begin in May. He stated requiring the developers to adhere to the new Comprehensive Plan could only be done through negotiations. City Attorney Hawkins stated that although the developers have filed for preliminary plat approval, this did not mean the City cannot change the rules be'ween now and the end of 12 months and make those rules apply to the plats. He did not believe that allowing the plats to move forward would give the developers a vested right to continue under the existing regulations if new regulations are adopted. However, he noted if the developers proceed diligent Ly and receive final plat approval prior to the adoption of the new regulations then the City would have no ability to require them to phase the developments. Councilmember Dahl wished to reach a compromise iu this situation. She wondered if exempting the two plat applications would give an unfair advantage to the two developers who submitted their applications under the wire. She noted staff has been informing prospective developers of the impending moratorium, who chose to not pursue *r_apphcattons. She noted Mr. Coyle had been focusing in the work session on the limitation of 147 homesper year and it was her understanding that the intent was to submit applications that woulo be ittider :that limit after the new ordinances are in effect. Councilmember Dahl stated she ha vorked on tbe. updating of ordinances when serving on the Planning and Zoning Board an he agreed ,his type of work takes time. She noted the work that will be undertaken by staff will be to ;ensure the ordinances comply with the new Comprehensive Plan, which she believed will take even. .ore effort and time. She stated she would prefer a win -win situation and questioned whether the developers would be willing to agree to meet the new ordinances as they become effective. City Attorney Hawkins stated the developers could agree to comply with the new ordinances as they are approved but he suspected that they would not make such an agreement. He believed the reason the developers had submitted their applications now was so they would be considered under the existing ordinances. He noted neither the developers or the City know what the new ordinances will be and he felt it would be unrealistic to expect the developers to agree to comply with them. Mr. Coyle noted the original plat submitted last Wednesday encompassed 169 residential units on 95 acres and he had offered a proposal this evening to phase the development and begin with the development of 25 acres under the existing ordinances and defer the balance of the application. He stated this would allow Mr. Uhde to keep moving forward with the development of his property that is most contiguous to the property already developed, and to utilize the infrastructure already paid for and in place. 17 • • COUNCIL MINUTES JANUARY 14, 2002 Councilmember O'Donnell requested clarification of whether staff told developers to not submit applications due to the impending moratorium. City Planner Smyser indicated he had told developers they could submit their applications, but that it was unlikely approval could occur before the proposed moratorium was in place. Mr. Weiland stated he was willing to work with staff to produce a high quality residential development. He indicated his intent was for the development to be reviewed based on the existing ordinances; however, he was willing to phase the development in order to meet the goals of the new Comprehensive Plan. Councilmember Carlson stated she respected Community Developer Director Grochala's point of view and she asked if a commitment from the developers to phase their developments would change his opinion. Community Development Director Grochala stated staff could review the development proposals under the existing ordinances; however, he did not feel this was the best idea. He questioned whether the Council would be willing to approve the plats based on to current ordinances and, if not, he felt they should not allow the applications to proceed. Councilmember Carlson asked if there was a significa t difference between the plats and the intent of the new Comprehensive Plan. Community Development Director Grochala stated this may be a concern. Councilmember Reinert believed some of the apprehension regarding the two plats was the size of the proposed developments. He noted Mr. Coyle had offered to move forward with only 25 acres at this time, which he felt would make it easier to votees" on the proposed amendment of Section 3E(1) of the ordinance. He felt the phasing of these two developments may be a "win -win" situation. He noted the 25 acres of the Uhde development would be under the existing ordinances and the remainder would be under the new requirements. He asked Councilmember Carlson if this would alleviate some of her concerns. Councilr%.ember Carlson responded affirmatively, however, she stated the new ordinances must be in place prior to the expiration of the moratorium, even if this costs the City additional money in consulting fees. Mayor Bergeson stated one difficulty he was having was with the fact that the new ordinance requirements were unknown at this time. However, he noted per the new Comprehensive Plan one requirement will be the phasing of larger developments. He stated if the proposed amendment to the ordinance is approved, he would support it, including the phasing of the developments. Mayor Bergeson called for a vote on Councilmember Reinert's amendment to the amendment on the motion. Motion carried unanimously. Councilmember Carlson suggested requiring the phasing as an amendment to the amended motion. City Attorney Hawkins felt this would be unworkable and unenforceable. 18 • COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl stated she would be willing to vote in favor of the amended ordinance if phasing requirements were included. Councilmember Carlson noted both developers in attendance this evening have agreed to the phasing of their developments. City Attorney Hawkins noted Mr. Coyle has asked that 25 acres of the Uhde development be exempted from the moratorium and that the rest would be subject to the new regulations. He stated he would prefer the ordinance be amended to allow plats of up to 25 acres submitted by the established deadline to be exempted from the moratorium and the rest of the applications be withdrawn. He stated if the Council were to simply require the remainder of the applications to comply with the new regulations he was not certain this would be legally enforceable. Mayor Bergeson expressed concern for requiring the developers to withdraw their applications and reapply with a different number of acres. He noted if the amended ordinance was approved this evening, this would not allow this opportunity. City Attorney Hawkins indicated the developers could amend their plats without being required to submit,new applications. th Community Development Director Grochala suggested the uncilallow either the complete applications to move forward as submitted or not allow any port pps`of the applications to move forward. He felt there would be problems with amending the applications since he prefers sites to be master planned versus piece - mealed together. Community Development Director Grochalanoted there was an issue of how the goal of 147 residential developments per year would apply to these developments if the Comprehensive Plan is not in effect yet. He questioned, if the Couctl;allowed the developers to move forward with 25 acres, would those acres apply to thatgoal He1tthese issues must be clarified and he would not want to be back before the Coupfcii in twd,tp three months recommending denial of the applications due to some issue that was nit clarified this = evening. Councilmember Carlson noted the motion was approved to amend the ordinance allowing the plats received as of the adoption of the ordinance to move forward. Community Development Director Grochala stated if the Council approves the ordinance as amended, he would recommend that the applications stand as submitted. Councilmember Carlson noted the new Comprehensive Plan discusses phasing large developments and the plats that would be covered by the amended ordinance include a total of 288 units. She believed the Council and the developers were in agreement with the phasing of those developments and asked how this can be accomplished for this year. Mayor Bergeson suggested that the new exemption in the ordinance be amended to limit the number of units or acres that can be developed in one year under that exemption. Mr. Coyle stated the preliminary plat submitted last Wednesday included a five phase process, which would begin with the requested 25 acres. He suggested that Mr. Weiland make this same type of commitment as well. 19 1 • COUNCIL MINUTES JANUARY 14, 2002 Mr. Weiland stated he had anticipated phasing the development and would be willing to amend the preliminary plat to reflect that. City Attorney Hawkins stated he concurred with Community Development Director Grochala in that the Council should allow the preliminary plats allowed under the exemption to move forward as submitted noting that the developers have committed to the phasing of the developments. Mayor Bergeson believed submitting a phasing plan subsequent to this evening's meeting would not be an amendment to the preliminary plat applications, rather it would be new information provided for the benefit of the City. City Engineer Powell noted there may be an impression that the Behm's development has invested disproportionately in the utility system, which he indicated was not the case. City Engineer Powell expressed concern that the Council was discussing detailed information, such as the phasing of plats that City staff has not yet reviewed to ensure completeness. Councilmember Reinert stated it was clear there was no guarantee the Tats vo id receive approval. He asked that City Planner Smyser respond to the issues being rais City Planner Smyser stated all the questions raise last six months. He stated that an ordinance ha been told was wanted. Now he felt the process Was not know how to respond at this point. He stated th Director Grochala's earlier comments. is evenin had been discussed by staff over the eveloped that would do everything staff had a completely different direction and he did oncurred with Community Development Councilmember Carlson asked on how to work out the conceli ommurity`Development Director Grochala if he had any suggestions staff being able to work with this situation. Community Development Director Grochala stated he was not necessarily concerned with staff having to review the recently submitted preliminary plats. However, he was concerned with the Environmental Board, the Planning and Zoning Board and the City Council being able to deal with this situation. He stated the two applicants that recently submitted plats will expect a review from staff based on the existing ordinances, which they will receive. He anticipated that both plats would be in conformance with the existing ordinances and the next step would be the recommendation from staff that the plats be approved. He noted there will be issues with MUSA but indicated the applications could be tabled until there was MUSA available to allocate. He added the plats will be reviewed by the Environmental Board and he was not certain whether the developments will impact wetlands or include the buffers mentioned in the Comprehensive Plan. He cautioned that all reviews and recommendations will have to be made based on the ordinances currently in place and he was concerned with the recommendations being carried through from the Environmental Board and Planning and Zoning Board to the City Council. • Mayor Bergeson stated the Council has been approving plats for a long time under the current regulations and he believed very nice developments have resulted. He felt the City should be proud of 20 • • COUNCIL MINUTES JANUARY 14, 2002 those developments and, although the new regulations may be better, he did not have problems with the quality of the developments that have been approved. Councilmember O'Donnell stated he understood staff's concerns, but he supported Mayor Bergeson's comments. He did not feel the amendment changed the spirit of the moratorium ordinance or the direction to staff to complete the new ordinances. Councilmember Reinert stated he has the utmost confidence in the ability of City staff to review the plats and forward them correctly to the Council. He noted both applicants have agreed to the phasing of the developments. Councilmember Dahl requested a clarification of the proposed phasing. She noted Mr. Coyle had offered to begin with 25 acres, which would be one -third of the originally proposed development. Mayor Bergeson stated phasing requirements had not been included in the ordinance amendment, rather the developers have verbally agreed to the phasing of their developments. Mr. Weiland anticipated his development would be him to determine the exact amount of acreage involve best to master plan this type of development and he *i1 most sense. sages, although it was difficult for prose at this time He agreed that it is to determine which stages will make the The Council clarified that the motion now on the floor was for the adoption of the second reading of Ordinance No. 23 -01, calling for a moratorium on new residential development, with the amended language as proposed by Councilmember 'Reinert, providing for an addition to the exemptions enumerated under Section 3E(1) of the Ordinance, which would allow preliminary plats which had been submitted to the City for re„uiew before adoption of second reading of Ordinance No. 23 -01 by the City Council, to proceed forward in the process until the plats were either approved or denied. Mayor Bergeson stated he has not changed his opinion since the last City Council meeting and he intended to vote against the proposed moratorium ordinance. He believed the moratorium would send the wrong message to the business community that the City is shutting down for business and he preferred to encourage business. Mayor Bergeson added he heard the legal arguments but believed the Council has the right to implement a moratorium. However, in this case he believed the rules before the moratorium and after the moratorium will be significantly different and this makes it more difficult to defend having a moratorium. He felt the changes will be much more substantial than those made during most moratoriums. Councilmember Carlson commented that the current Council has significant differences in views and she felt all the Councilmembers respect each other's views and attempt to reach a consensus. She felt this was evident tonight with the agreement the Council came to regarding the proposed moratorium ordinance. She acknowledged that the decisions made this evening will cause some concerns for City staff but she was pleased the Council was able to reach an agreement and move forward. 21 1 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Reinert stated he had originally been opposed to the moratorium due to concerns about continuing momentum in the City. He noted the City recently approved the Target/Kohl's development and that there has been some damage to the City's reputation in the past. He stated after staff explained the necessity of the moratorium to protect the City and realize the vision of the Comprehensive Plan, he understood and supported the moratorium in order to get the necessary ordinances in place. Councilmember Reinert stated at the last City Council meeting he had voted against the first reading of the Ordinance, not because he opposed the moratorium, but because the process that would be followed by staff was not in place at that time. He stated during the last Council work session a very thoughtful process had been presented and he was confident that staff will keep on schedule. He stated he would now support the moratorium because he was fairly confident the Council not only has a way into the moratorium, but more importantly a way of out the moratorium. Vote on the motion to approve SECOND reading of Ordinance No. 23 -01 as amended by Councilmember Reinert: Councilmember Carlson voted yet: Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember Reinert vot d yep Mayor Bergeson voted nay. Motion carried on a vote of four to one. Ordinance No 23 -01 can be found in the City Cler Mayor Bergeson called for a recess at 9:55 eeting was reconvened at 10:04 p.m. Consideration of Resolution 02 Establishing the Development Regulations Task Force (DRTF), Michael Grochala Community Deve1opment Director Grochala advised staff is proposing to establish a Task Force with-2, the :purpose ofreviewing ordinance modifications necessary to implement the Comprehensive P1art prior, to the expiration of the moratorium. The proposed Task Force would be comprised of one CityG�ouncilmember, who would serve as the Chairperson, and two members from each of the following Boards /committees: 1. Economic Development Advisory Committee 2. Environmental Board 3. Planning and Zoning Board Community Development Director Grochala indicated the Park Board, while not represented on the Task Force, would serve as a resource in matters that pertain to park, trail and greenway development. Community Development Director Grochala indicated staff has also created bylaws that would govern the activities of the Task Force and establish the following: 1. Name of the Task Force • 2. Purpose and Policy 3. Structure and Organization 22 • COUNCIL MINUTES JANUARY 14, 2002 4. Officers 5. Meetings 6. Sunset Date Community Development Director Grochala advised attached to the Resolution establishing the Task Force were the updated bylaws based on the discussion at the last City Council work session. He noted the reference on the cover page to Article V, Section 5 should be corrected to Article III, Section 5. Community Development Director Grochala advised staff is recommending approval of Resolution 02 -03, establishing the Development Regulations Task Force and adopting the proposed bylaws in an effort to insure the timely completion of the ordinance review process. Councilmember Carlson asked if the Council would take formal action on the Board Members appointed to serve on the Task Force. Community Development Director Grochala suggested that the appointments be clarified during the first Task Force meeting on January 31, 2002. Councilmember Carlson questioned whether a formal appointments. Mayor Bergeson noted the Task Forcfz the ordinances, therefore, he believed the Council cowl first Task Force meeting. Community Developmer was for the Council to adopt a Resolution establishin establish the make up of the Task Force. Auld be taken by the Council on the ers wil `'not be taking formal action on Eply confirm the appointments after the orn`oted the action requested this evening ask Force, including the bylaws which Councilmember Carlson asked if the Task Development Director Grochala. anticipated t Community Room to allow in round -table ce meetings will be televised. Community e:Task Force meetings would be held in the discussions. Councilmember Carlson preferred that residents have the opportunity to watch the Task Force meetings on cable television. Community Development Director Grochala preferred a more informal setting for the meetings. Mayor Bergeson asked if minutes will be taken at the meetings. Community Development Director Grochala stated reports will be generated after each meeting. Councilmember Carlson asked if a voice recording would be made for future review if necessary. Community Development Director Grochala had not anticipated voice tapes being made and suggested that more formal minutes be taken at the meetings. Co_uncilmember Reinert stated he supported minute taking at the Task Force meetings but not the televising of the meetings. He felt having meetings televised tends to encourage show - boating and grandstanding, which he hoped would be kept to a minimum. Mayor Bergeson requested that the Task Force meeting dates be included on the Community Calendar. 23 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl noted there had been a request to televise the Comprehensive Plan Task Force meetings since the results of those meetings would effect the entire community. She felt televising the Development Regulations Task Force meetings may or may not be a good idea and she was willing to support the rest of the Council's wishes. Councilmember Reinert moved to adopt Resolution No. 02 -03, establishing the Development Regulations Task Force and adopting its bylaws. Councilmember Dahl seconded the motion. Councilmember Carlson noted Article VI of the bylaws indicated the Task Force shall terminate on November 30, 2002, or by simple majority vote of the City Council. She noted the Council would like to see the ordinance work completed before November 30th if possible and suggested Article VI be amended to state the DRTF shall complete all revisions and terminate on or before November 30, 2002, or by simple majority vote of the City Council. She felt this would put more emphasis on the desire to complete the Task Force work as soon as possible. Councilmembers Reinert and Dahl concurred with this dent to the Development Regulations Task Force bylaws. Motion carried unanimously. Resolution No. 02 -03 can be found in the City Cier PUBLIC HEARING, Consider First Reading of Ordinance 01 -02, Vacating Easement and Accepting New Easement, Lot 1, Block` 10, Lakes Addition No. 3, Jeff Smyser — City Planner Smyser advised two actions approved by;Ethe Cry years ago were never officially recorded. This arose recently during the sale of the property. ``An abstract company has asked the City to resolve the issue. This lot was involved in an extremely complicated series of events going back several decades. The immediate concern is resolving Iwo ca,sernent issues on this lot. City Planner Smyser indicated at the time of a legal settlement between the City and a developer in 1989, the intent was to vacate part of the easements on Lot 1, Block 10. This was done to accommodate the placement of a home closer to the front and side lot lines than would have been allowed under the ordinances in effect at that time. In order to make the lot buildable, it was necessary to vacate the easements and grant setback variances. The City Council, in 1989, approved the necessary easement vacations and setback variances. Subsequently, a house was built on the lot according to the reduced setbacks, however, the easement vacation was never recorded. City Planner Smyser indicated, in addition to the partial vacation of the lot line easements, a separate drainage and utility easement covering a large portion of the back of the lot was to be dedicated to the City to cover a wet area. This easement was never recorded either and the City has received a new easement grant document from the current owner. The City should accept this easement so it can be recorded. cp. • COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser indicated the adoption of Ordinance No. 01 -02 will accept the easement over the wet area and vacate the lot line easements as approved by the City in 1989. According to the City Charter, the vacation of an easement requires an ordinance. Accepting the other easement does not require an ordinance, but staff has incorporated this action into the proposed ordinance to simplify it all into one action and one document. City Planner Smyser advised staff recommends approval of the first reading of Ordinance No. 01 -02. Mayor Bergeson opened the public hearing at 10:23 p.m. Councilmember O'Donnell moved to close the public hearing at 10:24 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. Councilmember Dahl moved to approve the FIRST reading of Ordinance 01 -02, Vacating Easement and Accepting New Easement, Lot 1, Block 10, Lakes,Additi n No. 3, as presented. Councilmember Reinert seconded the motion. Councilmember Carlson voted yea. Councilmember'' voted yea. Councilmember Reinert voted yea. Ma • Motion carried unanimously. • )oinell voted yea. Councilmember Dahl ergeson voted yea. Ordinance No. 01 -02 can be found in the City Clerk's office. Consideration of Resolution 02-04, Receiving the Marshan Lane Feasibility Study, John Powell — City Engineer Powell advised on.Septembe3 25, 2001, the City received a petition from residents and property owners on Marshan Lane, east of Lake Drive, for preparation of a report on sanitary sewer and water service. Trunk sanitary sewer and water main are close to the project area at the intersection of Lake Drive and Town Center Parkway. City Engineer Powell indicated at the October 8, 2001, City Council meeting, the study was ordered to address, on a preliminary basis, design, cost, assessment, schedule and other issues as they relate to providing City utility service to this area. City Engineer Powell indicated the only City Council action requested this evening was to receive the feasibility report. This information will be forwarded to the interested parties for their determination as to whether or not they want to continue with the public improvement process. City Engineer Powell advised staff recommends that Resolution No. 02 -04 be adopted. Councilmember Reinert moved to approve Resolution No. 02 -04, Receive Feasibility Study for the Marshan Lane Utility Improvements. Councilmember Carlson seconded the motion. 25 • COUNCIL MINUTES JANUARY 14, 2002 Motion passed unanimously. Resolution No. 02 -04 can be found in the City Clerk's office. UNFINISHED BUSINESS CONSIDER APPROVAL OF MEETING MINUTES, December 5, 2001, Council Work Session Minutes and December 12, 2001, Council Work Session Minutes. Councilmember O'Donnell moved to approve the December 5, 2001, Council Work Session Minutes and the December 12, 2001, Council Work Session Minutes, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS There was no new business to consider. COMMUNITY CALENDAR JANUARY 15 THROUG i JANUARY 30 2002: Monday, January 21, 2002, City Hall Closed in Observance of Martin Luther King Jr. Day Wednesday, January 23, 2002, 5:30 p.m. Monday, January 28, 2002, 6:31 Wednesday, January 30, 201 ADJOURN ork Session ouncil meeting nvironmental Board Meeting There being no further business, Councilmember Dahl moved to adjourn at 10:29 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, February 11, 2002. Ann Blair, City Clerk John Bergeson, Mayor Transcribed by: 26 • 0 COUNCIL MINUTES JANUARY 14, 2002 Lori Rolfson TimeSaver Off Site Secretarial, Inc. 27 • LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW PETER J. COYLE DIR. DIAL (952) 896 -3214 January 14, 2002 Mayor John Bergeson Lino Lakes City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 1500 WELLS FARGO PLAZA 7800 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 -1194 TELEPHONE (952) 835 -3800 FAX (952) 896 -3333 Re: Century Farm Development, Inc./Behm's Century Farm Dear Mayor and Councilmembers: Our firm represents Gary Uhde and Century Farm Development, Inc. in connection with the Behm's Century Farm Development ( "the Behm's Development ") in the City of Lino Lakes, Minnesota ( "the City "). This letter restates Mr. Uhde's objections to the proposed Interim Development Moratorium. Alternatively, we propose a compromise should the City Council decide to move forward with the Moratorium, notwithstanding our stated objections. • Project Description Mr. Uhde has been pursuing the Behm's Development since 1992. He currently is proposing the next phase, with a total of 169 low- density single - family lots ( "the Project ") on 95.319 acres, including approximately 9.4 acres in the approved Preliminary Plat for the Behm's Development 6th Addition. The Project area encompasses land guided for this use under the City's Comprehensive Plan Update. Of the total Project acreage, 18.71 acres (or 19.6 %) is proposed to be dedicated to the City as parks, trails, open space, ponding, etc. Moratorium Objections We have previously expressed our opposition to the proposed Interim Development Moratorium by letter dated December 14, 2001. Mr. Uhde's objections to the proposed Moratorium arise from a concern that the City may deviate from well- established policies affecting the Project, which place at risk substantial investments made in reliance on such City policies. Specifically, the Project conforms to low - density residential criteria currently reflected in the Behm's Development (1st —5th Additions). Utility and drainage system investments have been made based on such policies, both for the in -place development and that called for in the Project. In addition, the proposed growth - control Ordinance, under which only 147 single - family building permits would issue per year City -wide, is arbitrary and capricious and would, if enacted, constitute a regulatory taking of land. If enacted, this Ordinance would potentially bar Mr. Uhde from realizing a return on investments (both land and utilities) made in compliance with City policies. Notwithstanding that the Project area is guided for low - density use and further notwithstanding that utilities and road improvements have been made in anticipation of future phases of the Behm's Development, the City • LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mayor John Bergeson Lino Lakes City Council January 14, 2002 Page 2 would, by enacting its proposed growth- control Ordinance, effectively be barring the sale and development of otherwise fully compliant residential homesites. Finally, the City has exempted several categories of land and, in so doing, unfairly discriminated in favor of some residential property (including property within the City's Town Center area) to the disadvantage of other residential property. Request for Exemption from Moratorium If the City Council is determined to proceed with the Moratorium, Mr. Uhde requests that a portion of the land within the proposed Project area be exempted from the terms of the Moratorium. Applying the language of the Moratorium Ordinance literally, we assume that any land currently (1) zoned R -1 or (2) which is covered by an approved Preliminary Plat is exempted. With respect to the Project area, a total of 9.387 acres meets this definition and should be allowed to go forward, notwithstanding the Moratorium Ordinance. Outlots B, C and D, Behm's Development, 5th Addition, already are zoned R- 1. In addition, Lots 13, 14, 15 and 16 of Sunset Oaks (to be replatted with the Behm's Development) are covered by an approved Preliminary Plat. Confirmation of this interpretation is requested. Mr. Uhde further requests that an additional 13.861 acres be exempted from the Moratorium, for a total of 23.248 acres (see attached schematic). This land directly abuts existing development within the Behm's Development, will be served by utilities in place and most likely will develop based on existing City policies. Arguments favoring this request by Mr. Uhde include: • The Behm's Development has been in the planning and development process since 1992; • The Behm's Development has financed the extension of trunk sanitary sewer and water main improvements over 1 mile, from near the City water tower to the north end of Behm's 5th Addition; • Future phases of the Behm's Development will require construction of a lift station to serve the area, based on a feasibility study conducted by the City in the late 1990s, in connection with the Behm's 4th and 5th Additions -- additional lot sales will be required in order for Mr. Uhde to self - finance this requirement; • The Behm's Development has a designed drainage system, with numerous ponding areas to service the entire Behm's footprint — additional lot sales are necessary to offset construction costs; • Development of the proposed 6th Addition has been on hold for over two years pending completion of the City's Comprehensive Plan update so that adjoining parcels can be incorporated into the Behm's Development in conformance with the adopted Plan; • Approval of the additional development area, as an interim compromise, will permit construction of a trail linkage to the future neighborhood park; and LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mayor John Bergeson Lino Lakes City Council January 14, 2002 Page 3 • Approval of the 23+ acre exemption area would include 3.6 acres as park or designated open space. For the reasons stated above, Mr. Uhde and Century Farm Development, Inc. respectfully request that you reject the proposed Interim Development Moratorium. If you decide to adopt the Moratorium, we request that you exempt from it a total of 23.248 acres as detailed above and as reflected in the attached schematic. Peter J. Coyle, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Cc: Gary Uhde John Johnson • Attachment 737225.1 • { 1 p' y; r I«I .I M / / • . \ { ._ Ids' g` � 1, i..< .1. •!? �S I -,._— Its �y .I ,,/ �f� \ I I x R�—_, ate~ L� °r ( iJ 1 1w� 1 1 I. �- { t os eg I I I .,,, Ir ! / /. I ■ I � aHn WWI w _J r I a 1- — — _o wv n 1 1._ .. 1 g N lh 1 Ld _ 1 •.iti cc. ca.; >r 1 1 1 I a 1i r; �rr s: Ps; ooN 1 1 1 1 r — — 1 1 1 1 1 1 11 LI ItI IWYON 19 ONI9 Y WO t4 ON CIYMI W41503 • • ! C "exc.: `b.: A/te, A I Z S bu gQ a k -0 _,,, d h , Environmental Board Meeting Date: January 30, 2002 Topic: Ordinance Proposal /Peltier Lake Use Regulation Background: Peltier Lake Island is classified as the second largest nesting site for the Great blue heron in the Metropolitan Area. The island is also a nesting area for the White egret. Records of these birds nesting habits in Lino Lakes have been maintained since 1945. Before 1979 there were two other sites in Lino Lakes that the birds used for nesting. One was on the East Side of Rice Lake and the other was in the Lamprey Pass area. From 1979 to 1991, the birds from these two sites appeared to have migrated to the Peltier Lake nesting site. The theory is that the birds moved away from development and other human disturbances in the area. It was at that time the island became the second largest colony in the Twin City Metropolitan Area. The first record of colonies on Peltier was recorded in 1989. The records indicate the decline in population of the Rice Lake and Lamprey sites, and in increase in the population of the Peltier site. In 1999, there were 625 recorded nests on Peltier Island. At that time, the Peltier colony became the second biggest colony in the state. The Pigs Eye colony was the largest. There are only five or six nesting colonies in the Metropolitan Area. In 1996 there were 1100 recorded nests on the island. In 1998, a storm reduced the number of nests to 500. The birds were nesting at the end of May 2000. After June 14, the birds were gone. A number of factors may have caused the disappearance of the Blue Herons. A task force of stakeholders met on January 23rd to discuss action that might be taken to protect the Great blue heron rookery on Peltier Island and to other significant natural features on the North side of the island. Last year was a budget wildfire year. The DNR was practicing aerial water pick -ups on Peltier during the nesting time. Highway construction began on Interstate Highway 35W. The Highway project occurred within 1/2 mile from the nesting birds. Aerial photographs show about 60 nesting Egrets on April 16, 2000. The birds left sometime after this. The Blue Heron numbers also went down. In 1998, a permit was issued for private water ski slalom coarse. It is not known if the permit for this coarse was issued in 1997, or weather skiing was occurring at that time. The coarse was set up on the North side of the island. The birds nest on the North side of the island. — Research indicates the need for at least a 300 -meter nesting and buffer zone for the Great Blue Heron, and that the birds tend to abandon nests with larger disturbances within 500 meters Butler, 1992. • The Task Force made suggestions to communicate with other state agencies that operate in the area. Discussions with a local skiing group will also occur. It is thought that if a "handshake agreement" can be reached with the skiers to not • use the area during critical times, then observations can be made of cause and effect. The other issue that • • was discussed was lake -use regulation. Regulating the use of Lakes in Minnesota is delegated to local governments. Regulation is achieved through local ordinance establishment. There are two local governments involved in the issue of regulating use on Lake Peltier. They are the Cities of Lino Lakes and Centerville. The two cities would need to pass joint powers agreement and ordinance. The proposed ordinance would include a no -wake zone in the area to the North of the Southern section lines of Sections 10 and 11. This would be a line east and west starting at the southern boundary of Rehbeins Peltier View Subdivision of Lino Lakes. Biologists at the task force meeting have indicated that we have one, maybe two more chances left to save the Heron Rookery. Analysis: Without some action taken very soon, the City of Lino Lakes is in danger of loosing a unique natural resource feature. The Herons start nesting at the end of April. Regulation before this time would ensure the buffer /use needed to encourage the retum of the Colony. Another side point of high -power boat prop use in the area North of the island is that of water quality impact. Normal water depth in this area is registered as 4.5 feet. During low -lake elevation periods, this can be less than 3 feet. Aerial photography shows channeling and turn - around curl in the ski coarse. Sediments are very phosphorous rich in our lakes. The effect of the prop churning of these sediments is that of pumping phosphorous into the water column. Phosphorous is the limiting factor to plant growth in our lakes. Although unverified by phosphorus sampling data, observations made indicated an unusual increase in algae blooms in the lake after skiing events. Options: Proceed with a joint - powers ordinance regulating use of Peltier Lake in the island area. Recommendation: Proceed and process this regulation ianguage as soon as possible. ■ • • Attachments: 1. Butler Technical Report 2. DNR Water Surface Use Summary 3. Lablanc Report • nvironmental Memo To: Lino Lakes City Council From: Marty Asleson Date: February 8, 2002 Re: Environmental Board Recommendation /January 30, 2002/Lake Peltier The Environmental Board made the following recommendation conceming the Island Heron colony on Lake Peltier. The recommendation was made at the January 30, 2002 Environmental Board Meeting. Teri O'Connell made a motion to accept the Ordinance regulating the surface use of Peltier Lake with the following stipulations: • The City of Lino Lakes will work with the City of Centerville to draft a mutually acceptable ordinance that will pass in the City of Centerville and the City of Lino Lakes, so that there would be no loopholes or misunderstandings of intent. • The ordinance should address the placement of structures on the Lake. • That a joint powers agreement between the City of Lino Lakes and The City of Centerville be adopted. Motion by O'Connell Seconded by O'Dea Motion passed unanimously • Page 1 • • nvironmental Memo To: Lino Lakes City Council From: Marty Asleson Date: February 8, 2002 Re: Environmental Board/Special Meeting/February 8, 2002/Lake Peltier Draft Ordinance Review /Recommendation. The Environmental Board met on February 30, 2002 for the purpose of reviewing the Draft Ordinance with proposed revisions. Staff presented the draft ordinance and discussed the issue of the additional request to include language in the ordinance that would address "structures." After a discussion of the issues the Environmental Board made the recommendation to exclude the issue of structures and proceed to present the draft ordinance and joint powers agreement to the City Council on February 25th. Motion By O'dea, Seconded by Hallen. All approved • Page 1 • Ordinance Process Checklist: Decide who has jurisdiction of the body of water: township, city, county - -one or more units of government? — multiple jurisdictions need identical ordinances with identical documentation multiple jurisdictions must submit a Joint Powers Agreement Fill out the worksheet (work from web -site lake surveys). Talk to county DNR hydrologist if needed. Determine the desired regulations. Draft the ordinance. Send draft ordinance to the DNR for preview. _ Make recommended changes if any. Send the final ordinance to the DNR with the following documentation for comment distribution: completed worksheet; _ map of the water body, highlighting the affected areas; _ a statement explaining the necessity for the ordinance and the solution the ordinance will offer; _ an account of the public hearing held concerning the proposed controls, with an account of the statements made by each person who testified; DNR circulates the ordinance and documentation for comments (takes about 2 weeks): Regional Administrator; Regional Enforcement Supervisor; Regional Trails & Waterways Supervisor; Regional Fisheries Supervisor; Regional Hydrologist; Water Access Coordinator; Attorney General's Office; County Sheriff's Department. Upon receipt of the comments, the DNR recommends approval (or approval on condition that stated changes are made). Letters of approval are mailed to the _applicant, _the county sheriff, the regional DNR Enforcement Supervisor (within 120 days). Ordinance becomes effective_ when it has been posted by the units of jurisdiction and_ the ordinance is on tile with the DNR. JOINT POWERS AGREEMENT LAKE PELTIER WATER SURFACE USE I. PARTIES. This Agreement is made and entered into by and between the CITY OF LINO LAKES, a municipal corporation and political subdivision of the State of Minnesota, (herein "Lino Lakes), and the CITY OF CENTERVILLE, a municipal corporation and political subdivision of the State of Minnesota (herein "Centerville "). II. RECITALS. Lake Peltier is located within the corporation boundaries of Lino Lakes and Centerville and has a public access for boats. The waters of Lake Peltier are used extensively by the public for boating, fishing and other recreational purposes. Lake Peltier Island contains a unique Great Blue Heron and White Egret nesting colony. Regulation of boating traffic on Lake Peltier is necessary in order to minimize adverse impact on natural resources and to protect the health, safety and welfare of the residents of Lino Lakes and Centerville who reside on properties surrounding Lake Peltier and of those people who use Lake Peltier for recreational purposes. By means of this Joint Powers Agreement adopted pursuant to Minn. Stat. §§ 459.20 and 471.59, Lino Lakes and Centerville will establish guidelines applicable to the adoption of ordinances by each City restricting the speed and use of motorized watercraft on Lake Peltier. III. TERMS AND CONDITIONS. In Consideration of the mutual undertakings herein • expressed, Lino Lakes and Centerville agree as follows: t k 5 t t3 tea A. Each City shall adopt an ordinance, which incorporates the following guidelines: 1. Adopts the defuutions of Minn. Stat. §86B.005. 2. A slow no -wake speed 24 hours per day all year in the area to the North and West of the Southern section lines of Sections 10 and 11 of Township 31 N Range 22 West starting at the southern boundry of Rehbeins Peltier View Subdivision of Lino Lakes will be inforced. Exemptions: i, Authorized resource management emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. ii. A temporary exemption from these restrictions for a special event may be granted upon approval by the City Council and the issuance of a permit by the Anoka County Sheriff s Department. • B. The Anoka County Parks Department shall be responsible for informing the public, • posting notification at all public accesses and marking or buoying areas affected by the ordinance as necessary to give reasonable notice of the restrictions of the ordinance. C. Each City shall advise the owners of properties surrounding Lake Peltier who reside in the respective City that motorboat speed and use regulations have been adopted. D. Each City shall request the appropriate law enforcement agency to enforce the provisions of such ordinance and will notify the other party when such request is made. E. Neither City shall change or amend its ordinance relating to motorised watercraft regulations Lake Peltier without consultation with the other. F. This agreement supersedes all prior agreements between the parties dealing with the subject matter of this agreement. Date this day of , 2002. Pursuant to authorization Granted by the City Council On the day of , 2002. CITY OF LINO LAKES By Its: Mayor By Its City Clerk Pursuant to authorization CITY OF Centerville Granted by the City Council On the day of , 2002. By Its Mayor By Its City Clerk STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES AN ORDINANCE REGULATING THE SURFACE USE OF MOTERIZED WATERCRAFT ON PELTIER LAKE. Be it ordained and enacted by the City Council of Lino Lakes, State of Minnesota, that these amendments following, by this act, hereby replace and nullify those like numbered clauses now existing and a part of Lino Lakes Ordinance No. , or are newly enacted sections which, upon their enactment, become part of Lino Lakes Ordinance No. Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes 86B.201.86B205, and 459.20, AND Minnesota Rules 6110.3000- 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the water of Peltier Lake in Anoka County Minnesota, said body of water being located within the boundaries of the City and Lino Lakes, to promote its fullest use and enjoyment by the public in general; to insure safety for persons and property in connection with the use of said waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of said waters, and to promote the general health, safety and welfare of the citizens of Lino Lakes, Minnesota. Section 2: DEFINITIONS 'Kerins used in this ordinance related to boating are defined in M.S.86B.005. Section 3: SURFACE ZONING'OF PELTIER LAKE BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY: x� (a) Slow no -wake speed 24 hours per day all year in an area to the North of the Southern section lines of Section 10 and 11 on a line extending East and West starting at the southern boundary of Rehbeins Peltier View Subdivision of Lino Lakes. Section 4: ENFORCEMENT: The Primary responsibility for enforcement of this ordinance shall rest with the Anoka County Sheriff's Department and the Lino Lakes Police Department. This, however, shall not preclude enforcement by other licensed peace officers. Section 5: EXCEPTIONS: All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions. • • Section 6: NOTIFICATION: It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of the ordinance, as well as the placement of necessary buoys and signs. Section 7: PENALTIES: Any person who shall violate any of the provisions of this Ordinance shall be, guilty of a misdemeanor with a fine of Section 8: EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. Passed by the City Council of Lino Lakes on this day of , 2002. APPLICANTS FOR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MINN. S RULE 6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO BE REGULATED. YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE NECESSARY INFORMATION. PLEASE NOTE ANY INFORMATION THAT IS NOT RELEVANT. 1.Physical Characteristics Peltier Lake - Anoka County a. Size - normal surface acreage, if available, or the basin acreage listed in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes." 465 surface acres (or) basin average b. Crowding potential - expressed as a ratio of water surface area to length of shoreline. Not available surface acres: miles of shoreline c. Bottom topography and water depth (deepest & average) (available from DNR regional or area fisheries headquarters). Maximum depth is 18 feet in the center of southern portion of the lake. The entire north portion 'of the lake is Tess than 5 feet in depth . d. Shore soils and bottom sediments (available from, DNR regional or area fisheries headquarters). e. Aquatic flora and fauna (available from DNR regional or area fisheries headquarters) . Status of the Fishery (as of 08/11/1997) Walleye fry were stocked biannually 1995 through 1997 The fish population of Peltier Lake is dominated by black bullhead, which made up over 75% of the fish captured in 1997. Black crappie were the next most abundant fish present, with most fish of small size. Bluegill were less abundant with nearly half of fish over 7 inches long. Northern pike numbers were good, with most fish three years old. Walleye numbers were high for this lake class with some fish over 20 inches. Carp numbers were above average for this lake class. Other species present in the lake include bowfin, golden shiner, largemouth bass (2 fish), muskellunge (1 fish), white sucker, yellow bullhead, and yellow perch. Several minnow species were sampled in seine hauls. A heron rookery has been present on the island in the lake since 1982. At its largest it included 1137 nests of three species - Great Blue Heron, Great Egret and Black- crowned Night Heron. The heronry was abandoned midway through the nesting season in 2000 and again in 2001. Cause of abandonment may be related to human disturbance. This is the second largest rookery in the 7 county metro area. It is a very significant regional natural resource. f. Water Circulation For Lakes: the existence and locations of strong currents, inlets, and large water level fluctuations. For Rivers and Streams: velocity and water level fluctuations. g. Water level fluctuation is moderate. The recorded range in water level change is 9.65 ft. An outlet dam in SW corner of the lake holds water on an average water level of 189.69 feet. Natural and artificial obstructions or hazards to navigation, including but not limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys. The entire northen portion of the lake is shallow and filled with submergent vegetation. There is a row of posts set into the lake by the St. Paul Water Utility to contain the floating cattail mats within the north part of the lake. Private docks and swimming platforms occur along the SE shore. A stop log outlet dam is located in the SW corner of the lake. A fishing pier is located on the SW shore. h. Regional relationship -- the locations and the level of recreational use of other water bodies in the area. Public boat launch sites are available in the park on Marshan Lake, E. Centerville Lake and a walk -in launch is available on George Watch Lake. 2.Existing development. a. Private -- to include number, location, and occupancy characteristics of permanent homes, seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. Private permanent houses occur along the SE shore in Centerville and on the east central shore in the Peltier View subdivision in Lino Lakes. The remaining shore is in agricultural use or undeveloped within the boundaries of the Rice Creek Chain of Lakes Country Park. No industrial or commercial development occurs, there are no marinas or resorts on Iakeshore. b. Public -- to include type, location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities. One public fishing pier and one boat launch public water access on SW end of lake operated by Anoka County Parks. Capacity fewer than 25 cars. 3.0wnership of shoreland -- to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private semi - public, or corporate lands. 65 percent of the shoreland on northeast, north, west or southwest shore is owned by Anoka County as Rice Creek Chain of Lakes Park. 4. Public regulations and management -- to include federal, state or local regulations and management plans and activities having direct effects on watercraft use of surface waters. 5. History of accidents which have occurred on the surface waters (available from sheriff's office) . The Anoka County Sheriffs Office indicated that one Driving Under the Influence citation has been issued since 1999 along with 27other incidents reported which were primarily warnings issued for various boating transgressions. 6. Watercraft use -- to include information obtained in the morning, afternoon and evening on at least one weekday and one weekend day, concerning the number of types of watercraft in each of the following categories: The following information on watercraft use was from the DNR study " Boating in the Twin Cities Metropolitan Area "Current Status and Trends Since 1984 ". a. Kept or used by riparians. Study estimates 40% riparian ownership. b. Rented by or gaining access through resorts or marinas.0% c. Using each public watercraft launching facility. 60% estimated use d. In use on the waterbody. The study cited above estimates peak boat sue on the lake during a weekend afternoon at 16 boats. 7. Conflict perception and control preferences -- to include opinions, gained by surveys or through public meetings or hearings of riparians, transients, local residents, and the public at large. IN ADDITION TO THE ABOVE, APPLICANTS ARE ALSO REQUIRED TO PROVIDE: 1. The information requested in Minn. Rule 6110.3600, portrayed on a map to the extent reasonable. 2. A statement evaluating whether the information reveals significant conflicts and explaining why the particular controls proposed were selected. 3. The proposed ordinance. 4. A description of public hearings held concerning the proposed controls, including an account of the statement of each person testifying. NAME(TYPE OR PRINT) SIGNATURE TITLE OF PERSON COMPLETING FORM Return Completed Form To:Minnesota Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road St. Paul, Minnesota 55155- 4046 o a O n75'° = i 5 air; . 7A '� C1 S p ry m, O ti{G lix c to +s'�€r•s Monday Tuesday Wednesday Thursday Friday Sat/Sun — --- — --- °— / — 1 2 1 2 • 3 4 5 6 7 8 9 3 4 5 6 7 8 9 10 11 12 13 14 15 16 10 11 12 13 14 15 16 17 18 19 20 21 22 23 17 18 19 20 21 22 23 24 25 26 27 28 24 25 26 27 28 29 30 31 �^S Tnv s2'µ Cri r,. firi k= 0 (� G "f x q ' *' N ' in i 64- c n cc) ) -i i _1 r; d ' t firr �1� =,� nI� cic s c n. *i� O ^ nI iC in.' �- {111 m i � ce iO }j ,yq .. .�F 1 , i n : N i O J O c ti •s D, arr S J a5 - 1 rn co n. 1 D CO rq t rk '>i is �� k x •fir .; ' ' February -1 ULNA W .s V µ ON T { 0 ao V O r tD 0 March 200 2 Marti 2002 April 2002 S M T WT F 5 S M T W T FS 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun t to ` ;i r # r v; !_ F t K a March 1 2 Publish Ends _ Quad Public Notice'. 3 4 5 6 7 8 9 .Quad Notice ends H 11 10 11 12 13 14 15 16 tsint cruLba Iec sHCeoa nci f_ I 1 , ; Centerville Counflc9 l idek • N 0 N o►. CO V V net 0 0 VW:AoN ^VO W VI OHO F�`.1� O■bN VI V OLUM N N1+ VOWO% r AVOW tnOar�+A VI T Vt V1 1 T 8 • • • The Birds of North America, No. 25, 1992 Ardea herodias FRENCH: Grand Heron SPANLSH: Garza morena, Garza blanca granda, Gallinaza Great Blue Heron The Great Blue Heron is one of the most widespread and adaptable wading birds in North America. Up to seven subspecies have been recognized by past researchers, based on differences in size and plumage color, but a single subspecies (herodias) probably suffices for most of the continent, except for Florida's Great White Heron (occidentalis), the subspecies most distinctive in color (entirely white). Occidentalis interbreeds freely with herodias to produce an intermediate form, Wiirdemann's Heron of the Florida Keys. This account focuses on both of these subspecies: the continental Great Blue Herons (A. h. herodias), sometimes referred to as the herodias (or blue) group, and the Great White Heron, the occidentalis (or white) group. Both have received considerable attention from researchers. This species nests mostly in colonies, usually large ones of several hundred pairs. Such colonies are often located on islands or in wooded swamps, isolated locations that discourage predation by snakes and mammals. Although this species is primarily a fish eater, wading (often belly deep) along the shoreline of oceans, 4 marshes, lakes, and rivers, it also stalks upland fields for rodents, especially in winter. Its well- studied, elaborate courtship displays have correlates on the foraging grounds, where this species can be strongly territorial. ROBERT W. BUTLER The Birds of North America Life Histories for the 21st Century Figure 1. Breeding, nonbreeding, and year -round ranges of A. herodlas. The species Is rare in winter in the northern parts of Its range. Order CICONIIFORMES ` Family AREIDAE The American Ornithologists' Union `_ (Curry- Lindahl 1971), and genetically (Sheldon 1987), suggesting that they constitute a single species. Because they do not overlap in distribution, however, these taxa are usually considered to be semispecies constituting a superspecies (e.g., Hancock and Elliot 1978, Payne 1979). Such a classification permits each of the semispecies to be divided into subspecies. Hancock and Elliot (1978) divided Great Blue Heron into seven subspecies, wardii (se. North America), cognata (Galapagos Is.), treganzai (middle North America), hyperonca (w. U.S.), sanctilucae (s. California), and occidentalis (Florida and West Indies). They also suggested that two more subspecies might usefully be described for Central American and Carribean forms. In general, most researchers view occidentalis (Great White Heron) as a localized color morph, but Curry- Lindahl (1971) believed it differed from typical Great Blue Herons in its behavior, possibly enough to be a distinct species. Payne (1979) recognized four subspecies, fannini, herodias, cognata, and occidentalis. He noted that while southern birds are larger than northern birds, the eastern variation in size is clinal. Thus, a single subspecies ( herodias) suffices for most of continental North America, with the exception of the northwest (tannin') and Florida (occidentalis). This account treats occidentalis as a color morph /subspecies of A. herodias. MIGRATION NATURE OF MIGRATION IN THE SPECIES Migrates alone or in groups of 3 to 12, occasionally up to 100, day and night (Palmer 1962). Some wander northward in summer to arctic Alaska, s. Yukon, s. Keewatin, n. Manitoba, n. Ontario and n. Quebec (Brock 1959, Godfrey 1986). Southward migration from northern localities from mid -Sep to late Oct. General movement away from northern edge of breeding range for winter (Henny 1972), but some recorded on Christmas Bird Counts in Canada each year. Spring migrants return in early Feb to Illinois, Wisconsin, and central Minnesota (Palmer 1962); mid -Mar to Vermont (Laughlin and Kibbe 1985) and British Columbia (Butler et al. 1986); late Mar to Kentucky (Mengel 1965), Iowa (Dinsmore et al. 1984), and Oklahoma (Sutton 1967); early Apr to Nova Scotia (Tufts 1961), Ontario (Devitt 1967), and Alberta (Vermeer 1969). Also arrive Nova Scotia by Mar, Canadian Prairies and Maritimes in Apr and early May (Palmer 1962). More infor- mation on arrival and departure dates needed to establish migration chronology. ROBERT W. BUTLER 3 TIMING AND ROUTES OF MIGRATION Little information available. Most probably winter along ice -free coastlines and watercourses. Recoveries of U.S. and Canadian herons banded as nestlings east of the Rockies and recovered before their first birthday suggest many winter along Caribbean shores (Byrd 1978). Christmas Bird Counts (CBC) show large numbers in se. U.S. (see Fig. 5). Pacific coast populations appear nonmigratory (Byrd 1978, Gill and Mewaldt 1979) but some post- breeding dispersal occurs (Pratt 1970, Butler 1991). Large concentrations in Puget Sound, WA, and Strait of Georgia, BC. MIGRATORY BEHAVIOR No information. CONTROL AND PHYSIOLOGY OF MIGRATION No information. HABITAT BREEDING RANGE Widespread and remarkably adaptable. Feeds mostly in slow moving or calm freshwater, also along seacoasts. Occasionally in surf and fields. Nests in trees, bushes, on ground and artificial structures (see Breeding: nest site), usually near water; prefers vegetation on islands or in swamps, probably to avoid ground predators. Breeding at elevations up to 1,100 m in British Columbia (Campbell et al. 1990), 610 min Vermont (Laughlin and Kibbe 1985), and 1,500 m in Panama (Hancock and Kushlan 1984). Along east coast of U.S., avoids nesting in marine habitats in New Hampshire and New York (Spendelow and Patton 1988), favoring inland sites; farther north and south, nests near fresh and salt water. Great White Heron found almost exclusively in shallow -water marine habitats, particularly tidal grass flats. SPRING AND FALL MIGRATION No informationbut probably similar to breeding season. WINTER RANGE Little information. In Oklahoma, avoids farm ponds with little emergent vegetation in favor of natural wetlands and riverbanks (Heitmeyer 1986). In British Columbia, flies to estuaries (adult females) and nearby grasslands (juveniles) in autumn and winter when high tides and declining fish populations make foraging unprofitable on beaches; some adult males spend fall and winter on territories along river banks (Butler 1991). Also — The Academy of Natural Sciences of Philadelphia The American Ornithologists' Union _; often than at other stages. Females snap bills when approaching bachelor males and after they have formed breeding pairs (Mock 1979). Possibly analogous to territorial song of passerines (Mock 1976). Bill clappering (Hancock and Kushlan 1984), a rapid chattering of the tips of the bill, is very common between paired birds; many other heron species also do it (Hancock and Kushlan 1984). BEHAVIOR LOCOMOTION Walking. Walks erect with long strides and wades in water, often up to belly or nearly so. Toes are spread as the foot is placed on the ground. Flight. Folds neck in S -shape and extends legs along the body axis on long flights. Extends neck and dangles legs when preparing to land, when chasing other herons, when startled (e.g., when pursued by Bald Eagles, Haliaeetus leucocephalus), and at colony -sites during courtship flights. Flies with deep, slow wingbeats at 2.3 to 3.2 beats /s; flight speed 30 to 46 km /h (Palmer 1962). Soars to great heights and glides occasionally. Capable of evasive maneuvers when pursued. SELF - MAINTENANCE Preening, head- scratching, stretching, etc. Powder downs on flanks and pectinated middle toe nail used for scratching are common to herons, including this species. Stands on one foot to scratch head by lifting leg over closed wing, erecting crest feathers, and lowering and twisting head in position where it can be reached by pectinate toe. Preens by sliding bill along feathers. Droops wing slightly when preening neck. Partly opens wing when preening underwing feathers. Shakes head, body, and finally tail in one motion. Cleans bill by wiping on branches or shaking. Sunbathing, thermoregulation, temperature metabolism. Droops and exposes inside of wings on sunny days, perhaps to radiate body heat on warm days and absorb solar radiation on cool days (Kahl 1971, Larkins 1989). Avoids strong winds by seeking shelter behind bushes, fences, etc. Leaves nest to drink on hot days (Pratt 1977). Sleeping and roosting. Roosts alone or in loose — flocks of over 100 on the ground, in trees, and on man -made objects near feeding grounds during day. Some roosts used repeatedly. Sleeps at night in trees with dense foliage. Tucks bill under wing - coverts while asleep. _ Daily time budget. On Pacific Coast, activity controlled mostly by tides. Peak feeding activity near low tide (Brandman 1976, Bayer and ROBERT W. BUTLER 5 McMahon 1981); pair formation, courtship, and nest building generally just before or after foraging (Brandman 1976). During pair formation male spends 100% of his nonforaging time at the nest (perhaps to guard against robbing of nest sticks), 50% to 60% during courtship, 100% during incu- bation, and 51% at nest when chicks are > 4 to 5 wk old (Brandman 1976). Female spends 50 to 60% of her nonforaging time at nest during courtship, 100% brooding chicks < 4 to 5 wk old, and 31% with older chicks (Brandman 1976). Adult nest attentiveness declines from about 83% to 99% in the first week after hatching to near zero at 6 to 7 wk (Dowd and Flake 1985a). Feeding activity peaks when chicks are 4 wk old. Males spend less time foraging and more time on the nest than females during the day (Brandman 1976); opposite at night. AGONISTIC BEHAVIOR Physical interactions. Individuals erect crest and fly toward conspecifics that approach within about 2 m of nests and nest sites; also jab such intruders with bill during courtship (see Fig. 2c). Thrust bill at herons that approach nest after eggs are laid. Communicative interactions. The rich repertory of courtship displays at the nest are described below (see Behavior: sexual); displays in this section described by Bayer (1984b). The most spectacular display given by herons on the foraging grounds is the "Upright and Spread Wing" display given when two herons approach one another; neck is nearly fully extended and tilted slightly over the back, head and bill are held above horizontal, wrists are drooped or held away from the body exposing the black shoulder patch of the adult. Sometimes wing nearest the opponent is drooped lower than the opposite wing and body plumes are erected. As opponents approach one another, head and bill are raised closer to the vertical and the neck extended farther over the back. These displays usually cause the two herons to move apart but occasionally bring a chase. This display is sometimes directed towards gulls (Larus sp.), Great Egrets (Casmerodius albus), and even people. A less spectacular display on the foraging grounds is the "Vertical" display (Bayer 1984b). A heron performing this display sleeks its plumage, extends the neck forward at about a 45 °, and tilts the head along its axis so its eyes alternately direct upwards. This behavior used when predators and herons fly at high altitudes over the foraging grounds. The "Forward and Full Forward" display entails partly folding the neck with the bill facing the opponent and partly erecting the body plumes. The Academy of Natural Sciences of Philadelphia `. • • • 'The - =American Ornithologists' Union:'' Number of territories declines through winter; 14% to 20% of territories in Yaquina estuary are defended by juveniles in Oct, but none in winter (Bayer 1978). On the Fraser River Delta, BC, adult females and juveniles feed nonterritorially on beaches, estuarine marshes, and in fields in winter, while adult males defend year -round feeding territories (Butler 1991). SEXUAL BEHAVIOR Mating system and sex ratio. Mostly mono- gamous. Birds choose new mates each year (Simpson 1984). Pair bond. Elaborate courtship displays; described in detail by Meyerriecks (1960) and Mock (1976, 1979, 1980). Much variation between individuals and in sequence of displays. Mock (1976) describes pair formation displays as follows. Stretch display (Fig. 2b): unpaired males extend neck, raise bill toward vertical, and erect neck plumes while exhibiting bright soft parts; neck then retracted, accompanied by a moaninggoo -goo call (see Sounds: vocalizations). Snap display: erected head, neck, and breast plumes as head is lowered; mandibles are clapped together and legs flexed when the neck is nearly straight. Wing Preen display: bird leans forward, opens wing slightly, runs bill along edge of primaries. Circle Flights: heron flies laboriously in wide circle above colony with its neck outstretched. Landing call: when heron returns to nest, neck and head plumes erect; utters a series of croaks (see Sounds: vocalizations). Twig Shake: heron grasps a twig on the nest tree and shakes it side -to -side. Crest Raising: erects black occipital plumes. Fluffed Neck display: heron raises head, erects neck feathers, holds bill at or slightly above horizontal. Upright display: neck and bill extended in a straight line about 45° above the horizontal. Arched Neck display: rapid erection of plumes while curving neck so bill points downwards. Forward display (Fig. 2a) heron extends wrists from its sides, retracts neck on to back, erects all plumes, then stabs forward with the bill, squawks and claps bill. Bill Duels (Fig. 2c): paired male erects plumage, stands tall, and lunges at the face of its mate with wings held away from its body and a closed bill. Bill Clappering: rapid clicking of bill tips in mid air, directed toward mate. These displays not rigidly organized into predictable sequences (Mock 1976). Three sequences seen most often by Mock (1976) were the Greeting Ceremony, Stick Transfer, and Nest Relief Ceremony. The Greeting Ceremony occurs when a heron joining its mate on the nest gives the Landing Call. The bird on the nest usually responds with a Full Stretch or, less often, an Arched Neck ROBERT W. BUTLER or Fluffed Neck display. The Stick Transfer sequence occurs when the male brings sticks to its mate. She performs the stretch display and takes the sticks. The male then Bill Clappers the female as she places the stick in the nest. During the Nest Relief sequence an arriving heron utters the Landing Call and its mate stands followed by a Full Stretch. Often the pair Bill Clapper, preen, and even sleep before departure takes place. COPULATION Mostly morning and evening because females are away from nests midday. Few or no displays (Mock 1976); occurs mostly on nest. Male places one foot gently in centre of female's back: Female leans forward, bends ankles slightly, holds wings slightly away from sides. Male grasps female's humeri with toes and lowers himself onto his tarsi, often while flapping his wings. The female moves her rectrices to one side while the male wags his lowered tail over her cloaca. He grasps her head or neck while copulating, then steps off the female. Extra -pair copulations rare ( Cottrille and Cottrille 1958, Brandman 1976, Mock 1976, I. Moul pers. comm.). SOCIAL AND INTERSPECIFIC BEHAVIOR Degree of sociality. Forages alone (Kushlan et al. 1985) or in loose flocks throughout year (see Spacing). Roosts alone or in loose flocks, on the ground during day, above ground at night. Hypothesis that colonies serve as information centres for location of food patches is not well supported (Mock et al. 1988). Play. Nestlings and fledglings stab at inanimate objects; adult play is undocumented. Interactions other than predation with members of other species. Utters mobbing calls toward mammalian and avian predators. Mobbed while flying by nesting gulls and chased by nesting Ospreys (Pandion haliaetus). Bald Eagles; Bayer 1979), Turkey Vultures (Cathartes aura; Kushlan 1978), and (rarely) gulls (Bayer 1985b, Quinney et al. 1981) steal large food items. In turn, steals food from gulls (Bayer 1985b) and (rarely) fish from Osprey nests (A. Poole pers. comm.). Catches fish driven near shore by Double - crested Cormorants (RWB): Occasionally feeds with other ciconiiformes (Kushlan 1978) and larids (Bayer 1985b). Its'nests used by Canada Geese (Branta canadensis), House Sparrows (Passer domesticus), and Great - horned Owls (Bubo virginianus; Vermeer 1969, RWB). Recovery of beaver (Castor canadensis) populations in ne. U.S. and in s. Canada has benefited this species by providing additional nesting and foraging areas (e.g., N.Y. State; Andrle and Carroll 1988). The Academy of Natural Sciences of Philadelphia •The American Ornithologists'. Union ROBERT W. BUTLER Selection process. Males arrive in colony and settle on nests, where they court females (Brandman 1976, Mock 1976). Nest site fidelity weak; 13 of 14 marked individuals choose different nests the following year (Simpson 1984), but fidelity to the choice of tree species within colonies can be strong (Kelsall and Simpson 1979). Some colonies have long histories of use: 71 yr in Stanley Park, BC (RWB), 37 yr in Minnesota (M. Partch pers. comm.). Site characteristics. Nests mostly in trees, up to 30 m or more above ground; usually lowland swamp or upland hardwood forest, islands, forest - bordered lakes and ponds, and riparian wood- lands, including conifers. Where trees not available, nests on ground (usually only on predator -free islands; Taverner 1926, Gill and Mewaldt 1979), in bullrushes, on shrubs (Behle 1958, Vermeer 1969), cacti (Rosenberg et al. 1991), sagebrush (Blus et al. 1980), mangroves (generally islands; Powe111983), duck blinds (Palmer 1962), channel markers (Henry and Kurtz 1978, Blus et al. 1980), and artificial nest platforms (Sandilands 1980). Nests Figure 4. Most Great Blue Herons nest in colonies. Drawing by J. Zicketoose. 9 with other species of herons (Custer et al. 1980), waterbirds, and even hawks, owls, and vultures (Mengel 1965, Ryser 1985, Simpson 1987). Nest density varies from 39 to 750 nests /ha in Oregon colonies (Bayer and McMahon 1981). NEST Sticks gathered from the ground, nearby trees, or unguarded nests primarily by males and placed on the nest by females ( Cottrille and Cottrille 1958, Palmer 1962, Mock 1976). Nest built in 3 d to 2 wk, a platform of twigs with saucer - shaped interior lined with pine needles, moss, reeds, dry grass, mangrove leaves, or small twigs (Cottrille and Cottrille 1958, Palmer 1962, Pratt 1970). Four nests in British Columbia weighed 2,570, 2,600, 2,800 and 4,820 g (Butler 1989). Material added throughout nesting period. Dimensions. Vary greatly, from flimsy new platforms of sticks just 0.5 m diameter to bulky older structures 0.9 to 1.2 m across (Andrle 1988); about 1 m deep in nests used several times. The Academy of Natural Sciences of Philadelphia t" The American, Ornithologists' Union',;; of 81 d (range 64-91 d), chicks of late- nesting pairs at mean of 67 d. PARENTAL CARE Brooding. Shared by both parents (see Behavior: self maintenance). Begins immediately after hatching and lasts 3 to 4 wk (RWB). Feeding. Both parents feed chicks (see Behavior: self maintenance). Newly hatched chicks peck at adult's bill, the nest, and each other (Pratt 1970). Adult stands on rim of nest and places food in open bill of chicks (Cottrille and Cottrille 1958). By end of second week, chicks grasp adult's bill momentarily; by the end of the third week, until they leave nest, chicks pull adult's bill into the nest (Pratt 1970). Sometimes they reach into adult's open mouth (Cottrille and Cottrille 1958). Largest chicks get most food (Mock 1985, 1986, 1987). Chicks also eat regurgitated food dropped by parents in nest for up to about 30 d after hatching, then take food directly from parents (Mock 1987). Food remains eaten by parents. Aggression between nestmates is low and not related to brood size (Mock et al. 1987a). Brood reduction is apparently not mediated by hunger of nestmates but by size of prey items delivered by parents (Mock et al. 1987b). Chicks fed small prey compete to monolopize food boluses and fight with nest mates more frequently than chicks fed large prey items. Two- day -old chicks fed 10 times in 13 h, 6-d- old chicks more variable: 6 times in 13 h, twice in 15 h (Pratt 1970). Number of feeding visits /h peaked at about 29 d after hatch, lowest rate several weeks before fledging (Dowd and Flake 1985b). Nest sanitation. Most eggshells thrown from nests (Brandman 1976). Feces, partly eaten prey, and dead chicks remain in nest and on ground below. Chicks sometimes regurgitate into nest or onto ground below when disturbed (RWB). Parental carrying of young. Not known to occur. COOPERATIVE BREEDING Not known to occur. BROOD PARASITISM Not known to occur. FLEDGLING STAGE Departure from the nest. Age at first flight: Alberta, 52.6 d (range 51 -54 d, Vermeer 1969), 7 to 8 wk in Oregon (Werschkul et al. 1977) and Nova Scotia (Quinney and Smith 1979). First flight as early as 60 d, mean of 81 d, in California (Pratt 1970). • Growth. See above: Breeding: young birds. ROBERT W. BUTLER 11 Associations with parents or other young. Fledglings return to nest to be fed by adults for a further 3 wk (Quinney and Smith 1979). Fledglings in British Columbia follow adults from the foraging grounds to the nest to be fed, or return to nest alone (RWB). Ability to get around, feed, and care for self. First flights clumsy but improve rapidly. Foraging skills poorer than adults (Quinney and Smith 1980, Butler 1991). Strike and pace rates similar to adults but capture rates about half of adults during 2 mo following nest departure (Quinney and Smith 1991, Butler 1991). IMMATURE STAGE Independent of adults a few weeks after first flight. Wander in late summer. Forage with adults on beaches in British Columbia until about Oct, after which juveniles feed in grasslands and marshlands (Butler 1991). DEMOGRAPHY AND POPULATIONS MEASURES OF BREEDING ACTIVITY Age at first breeding; intervals between breeding. Most apparently breed in second spring (i.e. > 22 mo), based upon plumage, but this conclusion might reflect ability of observers to age herons. Juvenile plumaged birds have attempted to breed (Pratt 1973, RWB). Clutch `2 to 6 eggs; generally increases with latitude. Great Blue: California, mean = 3.16, SE = 0.04, n = 297 (Pratt and Winkler 1985); Oregon mean = 4.19, SD not given, n = 32 (Henny and Bethers 1971); Nova Scotia, mean = 4.2, SD = 0.8, n = 36 (McAloney 1973); Quebec, weighted mean = 4.1, n = 77 (data in DesGranges 1979); British Columbia, mean = 4.2, SD = 0.6, n = 23 (Butler 1989); Alberta, mean = 5.0, SD not given, n = 11 (Vermeer 1969). Decreases through season (Pratt and Winkler 1985). Great White: Florida, mean = 2.9, SD = 0.6, n = 64 (Powell 1983); Annual and lifetime reproductive success. Annual success based on number of nests with eggs varies widely. Most authors, however, report only the number of fledged young per successful nest (nest fledging young), which shows small annual variation: mean of means 2.3 young /nest (SD = 0.30, n = 16 studies, RWB). Future studies should determine number of fledglings raised per nesting attempt. Lifetime reproductive success unknown. Most researchers have been unable to see into nests so causes of chick loss remain poorly known. The average reproductive success (mean number The Academy of Natural Sciences` of Philadelphia The` American' Ornithologistsr Union POPULATION REGULATION Severe winters might reduce northern popula- tions when foraging sites freeze (Blus and Henny 1981). Populations in Florida decimated by hurricanes, but recovered to former levels (Powell et al. 1989). Evidence for regulation during the breeding season weak or non - existent. Nest sites not limiting in general; number of breeding pairs in colonies positively related to the area of nearby wetlands (Bayer and McMahon 1981, Gibbs et al. 1987), suggesting food supply a critical limitation, perhaps not surprising in a species so strongly territorial. CONSERVATION AND MANAGEMENT EFFECTS OF HUMAN ACTIVITY Contaminants. Eggshell thickness correlated negatively with DDE (Blus et al. 1980, Laporte 1982, Fleming et al. 1984) but not PCB (Vermeer and Reynolds 1972, Ohlendorf et al. 1979, Fleming et al. 1984, but see Blus et al. 1980), although PCB levels were high in a colony that failed in Quebec (Laporte 1982). Mean eggshell thickness has declined compared to pre -1947 levels (Anderson and Hickey 1972): 5.3% to 13.1% (12 colonies, Laporte 1982; 2 colonies, Blus et al. 1980;13 colonies, Bayer 1982; 4 colonies, Fleming et al. 1984). Eggshells broken during incubation an average of 14% to 17% thinner than pre -1947 levels (Faber et al. 1972, Bayer 1982). Wide variation in intraclutch eggshell thickness (Fleming et al. 1984). No clear evidence of adverse effects on reproductive success (Blus et al. 1980, Fleming et al. 1984), but measures of success often too crude to detect subtle differences (see Demography and Populations: measures of breeding activity). Induction of liver enzymes (Bellward et al. 1990), reduced growth and development of young (Hart et al. 1991), and possible reproductive failure (Elliott et al. 1988, 1989) associated with colonies highly contaminated with dioxins (but see Moul 1990). High con- centrations of dieldrin (Ohlendorf et al. 1981) and endrin (Ohlendorf et al. 1979) suspected to be lethal to Great Blue Herons. Disturbance. Nest and colony abandonments increase with increased visits by humans (Drapeau et al. 1984) and with road building and logging activity within 0.5 km (Werschkul et al. 1976). Some colonies splinter and attempt to settle nearby following abandonment (Parker 1980). Response to disturbance can vary between sites and time of breeding season (Vos et al. 1985). Early in season, herons flush easily from nests with slightest disturbance; after eggs, they fly reluctantly and ROBERT W. BUTLER 13 Figure 6. Great Blue Heron at rest. Drawing by Allan Brooks; US Fish & Wildlife Service art collection, archives of the Academy of Natural Sciences (Stewart Library), Philadelphia. return quickly to nests; few flush when chicks in nest. Birds habituate to non - threatening repeated activities (Anderson 1978, Parker 1980, Vos et al. 1985). Colonies are probably dynamic in areas of high disturbance with individuals and entire colonies relocating between years. Most studies recommend a minimum 300 m buffer zone from the periphery of colonies in which no human activity should take place during courtship and nesting seasons, with the exception of scientific study (reviewed by Butler 1992); however,' the most easily disturbed herons left nests in a colony in British Columbia when Butler (1992) approached on foot within 200 m early in the season. Other colonies were less easily disturbed early in the season. This species might have suffered more from loss of wetlands than from overt human activities (English 1978, Rosenberg et al. 1991) and benefitted from open fish ponds and hatcheries. Populations suffered from shooting in past but have not retracted from former range. Attitudes have changed; conspicuousness of this bird that led to its hunting early in the century may now act The Academy -of Natural Sciences: of Philadelphia ;+ 'The American Ornithologists' Union ROBERT W. BUTLER 15 tilar Table 1. Length (mm) of exposed culmen and tarsus, and body mass (kg) of Great Blue Herons. Standard deviation and sample size appears in parantheses. Data from British Columbia: Simpson (1984); Nova Scotia and eastern North America: Quinney & Smith (1979); Oregon: Bayer (1981c). LOCATION British Columbia Adult Male Adult Female EXPOSED CLILMEN TARSUS BODY MASS 137.0 (4.4, 24) 123.9 (4.7, 29) 165.9 (6.7, 24) 152.0 (7.0, 29) 2.48 (0.29, 24) 2.11 (0.34, 29) Nova Scotia Adult Male Adult Female 141.2(8.6,9) 136.5 (5.3, 13) 178.7 (11.6, 16) 170.8 (12.2, 15) No data No data Eastern Canada & U.S. No data Adult Males and Females No data 2.23 (0.76, 37) Oregon Adult Juvenile (July) Juvenile (Aug -Dec) Yearling (Jun Jan) No data No data No data No data No data No data No data No data 2.09 (0, 1) 1.76 (0.29, 4) 1.98 (0.50, 4) 2.22 (0.40, 3) REFERENCES American Birds. 1991.90th Christmas Bird Count. Am. Birds 44: 547 -1042. American Ornithologists' Union. 1983. Check -list of North American birds, 6th ed. Amer. Ornithol. Union, Washington, D.C. Anderson, D. W. and J. J. Hickey. 1972. Eggshell changes in certain North American birds, pp. 514 -540 in Proc. XV Int. Ornithol. Congr., E. J. Brill, Leiden. Anderson, J. M. 1978. Protection and management of wading birds, pp. 99 -104 in Wading birds (A. Sprunt IV, J. C. Ogden, and S. Winkler, Eds.). Natl. Audubon Soc. Res. Rep. No. 7, New York. Andrle, R. F. (Ed.) 1988. The atlas of breeding birds in New York State. Cornell Univ. Press, Ithaca, New York. Bayer, R. D. 1978. Aspects of an Oregon estuarine Great Blue Heron population, pp. 213 -218 in Wading birds (A. Sprunt IV, J. C. Ogden, and S. Winkler, Eds.). Natl. Audubon Soc. Res. Rep. No. 7, New York. Bayer, R. D. 1979. Bald Eagle -Great Blue Heron interactions. Murrelet 60: 31 -33. Bayer, R. D. 1980. Social differences in defecation of Great Blue Herons (Ardea herodias). Auk 97: 900- 901. Bayer, R. D. 1981a. Great Blue Herons "mousing" in western Oregon. Murrelet 62: 91. Bayer, R. D. 1981b. Regional variation of Great Blue Heron longevity. J. Field Ornithol. 52: 210 -213. Bayer, R. D. 1981c. Weights of Great Blue Herons at the Yaquina estuary, Oregon. Murrelet 62: 18-19. Bayer, R. D. 1982. Great Blue Heron eggshell thickness at Oregon estuaries. Wilson Bull. 94: 198 -201. Bayer, R. 1984a. Vocalizations of Great Blue Herons at Yaquina Estuary, Oregon. Colonial Waterbirds 7: 35-44. Bayer, R. 1984b. Foraging ground displays of Great Blue Herons at Yaquina Estuary, Oregon. Colonial Waterbirds 7: 45 -54. Bayer, R. D. 1985. Bill length of herons and egrets as an estimator of prey size. Colonial Waterbirds 8:104- 109. Bayer, R. D. 1985a. Shiner perch and Pacific Staghorn sculpins in Yaquina Estaury, Oregon. Northwest Sci. 59: 230 -240. Bayer, R. D. 1985b. Interactions between Great Blue Herons and gulls. Wilson Bull. 97: 538 -541. Bayer, R. D. and E. McMahon. 1981. Colony sizes and hatching synchrony of Great Blue Herons in coastal Oregon. Murrelet 62: 73-79. Becker, J. J. 1982. Birds of the Pleistocene American Falls Local Fauna, Idaho. Condor 84: 449. Becker, J. J. 1984. Additions to the late Pleistocene avifauna of Bradenton, Manatee Couty, Florida. Florida Scientists. 47: 203. Becker, J. J. 1985a. A late Pleistocene (Wisconinan) avifauna from West Palm Beach, Florida. Bull. Brit. Orn. Club. 105: 38. Becker, J. J. 1985b. Fossil Herons (Aves: Ardeidae) of the late Miocene and early Pliocene of Florida. J. Vert. Paleontol. 5: 25. Becker, J. J. 1986. An early heron (Aves, Ardeidae, Ardea) from the middle Miocene of Nebraska. J. Paleontol. 60: 968. Behle, W. H. 1958. The bird life of Great Salt Lake. Univ. Utah Press, Salt Lake City. The Academy of Natural Sciences of Philadelphia The American-Ornithologists'Union Elliott, J. E., R. W. Butler, R. J. Norstrom, and P. E. Whitehead. 1989. Environmental contaminants and reproductive success of Great Blue Herons Arden herodias in British Columbia, 1986 -87. Environ. Pollut. 59: 91 -114. Emslie, S. D. 1992. Two new late Blancan avifaunas from Florida and the extinction of wetland birds in the Plio- Pleistocene, pp. 252 in Papers in avian paleontology, honoring Pierce Brodkorb (K. E. Campbell, Jr., Ed.). Nat. Hist Mus Los Angeles County, Sci. Ser. No. 36. Faber, R. A. 1972. Organochlorine and mercury in Common Egrets and Great Blue Herons. Environ. Pollut. 3: 111 -122. Fleming, W. J., B. P. Pullin, and D. M. Swineford. 1984. Population trends and environmental contaminants in herons in the Tennessee valley, 1980 -1981. Colonial Waterbirds 7: 63 -73. Forbes, L. S. 1982. Prey manipulation in the Great Blue Heron. Murrelet 63: 89. Forbes, L. S. 1987. Predation on Great Blue Herons: is it important? Colonial Waterbirds 10: 120 -122. Forbes, L. S. and E. McMackin. 1984. Extreme aggression in Great Blue Herons. Wilson Bull. 96: 318 -319. Forbes, L. S., K. Simpson, J. P. Kelsall, and D. R. Flook. 1985. Reproductive success of Great Blue Herons in British Columbia. Can. J. Zool. 63: 1110 -1113. Foss, E. 1980. A black bear in a Great Blue Heron colony. Murrelet 61: 113. George, C. J. and A. Moore. 1990. Overwintering of the Great Blue Heron at Collins Lake, Schenectady Co., New York. Kingbird 40: 75 -82. Georgi, M. R., M. S. Carlisle, and L. E. Smiley. 1986. Giardiasis in a Great Blue Heron (Arden herodias) in New York State: another potential source of waterborne Giardiasis. Am. J. Epidemiol.123: 916- 917. Gibbs, J. P. 1991. Spatial relationships between nesting colonies and foraging areas of Great Blue Herons. Auk 108: 764 -770. Gibbs, J. P., Woodward, M. L. Hunter, and A. E. Huthchinson. 1987. Determinants of Great Blue Heron colony distribution in coastal Maine. Auk 104: 38-47. Gill, R., Jr. and L. R. Mewaldt. 1979. Dispersal and migratory patterns of San Francisco Bay produced herons, egrets and terns. North Am. Bird Bander 4: 4 -13. Godfrey, W. E. 1986. The birds of Canada. Natl. Mus. Canada, Ottawa. Godin, J -G. 1977. A Great Blue Heron preying on shiner perch in deep water. Can. Field -Nat. 91: 88- 90. Gray, P.J. W. Grier, G. D. Hamilton, and D. P. Edwards. 1980. Great Blue Heron colonies in northwestern Ontario. Can. Field -Nat. 94: 182-184. Guthrie, D. A. 1992. A late Pleistocene avifauna from San Miguel Island, California, pp. 321 in Papers in avian paleontology, honoring Pierce Brodkorb (K. E. Campbell, Jr., Ed.). Nat. Hist Mus Los Angeles County, Sci. Ser. No. 36. Hamblin, N. L. and A. M. Rea. 1985. Isla Cozumel archaeological avifauna, pp. 176 in Prehistoric ROBERT W. BUTLER 17 lowland Maya environment and subsistence economy (M. Pohl, Ed.). Pap. Peabody Mus. Archaeol. Ethnol. Vol. 77. Hancock, J. and H. Elliott. 1978. The herons of the world. Harper and Row, New York. Hancock, J. and J. Kushlan. 1984. The herons handbook. Harper and Row Publ., New York. Harris, M. P. 1973. The Galapagos avifauna. Condor 75: 265 -278. Harrison, C. 1978. A field guide to the nests, eggs and nestlings of North American birds. Collins, Glasgow. Hart, L. E., K. M. Cheng, P. E. Whitehead, R. M. Shat, R. J. Lewis, S. R. Ruschkowski, R. W. Blair, D. C. Bennett, S. M. Bandiera, R. J. Norstrom, and G. D. Bellward. 1991. Dioxin contamination and growth and development in embryos. J. Toxicol. and Environ. Health 32: 331 -344. Heitmeyer, M. E. 1986. Post breeding distribution and habitat use of wading birds in Oklahoma, USA. Colonial Waterbirds 9: 163 -170. Henny, C. J. 1972. An analysis of the population dynamics of selected avian species with special reference to changes during the modern pesticide era. U.S. Fish Wildl. Serv., Wildl. Res. Rep. I. Washington, D.C. Henny, C. J. and M. R. Bethers. 1971. Population ecology of the Great Blue Heron, with special reference to western Oregon. Can. Field -Nat. 85: 205 -209. Henny, C. J. and J. E. Kurtz. 1978. Great Blue Herons respond to nesting habitat loss. Wildl. Soc. Bull. 6: 35 -37. Hjertaas, D. G. 1982. Great Blue Herons and raccoons at Nicolle Flats. Blue Jay 40: 36-41. Hoffman, R. D. 1978. The diets of herons and egrets in southwestern Lake Erie, pp. 365 -370 in Wading birds,(A. Sprunt IV, J. C. Ogden, and S. Winkler, Eds.). Natl. Audubon Soc. Res. Rep. No. 7, New York. Hom, C. W. 1983. Foraging ecology of herons in a southern San Francisco Bay saltmarsh. Colonial Waterbirds 6: 37-44. Jensen, J. P. 1932. Great Blue Heron fishing in deep water. Auk 47: 245 -246. Kahl, M. P. 1971. Spread -wing postures and their possible functions in the Ciconiidae. Auk 88: 715- 722. Kelsall, J. P. and K. Simpson. 1980. A three -year study of the Great Blue Heron in southwestern British Columbia. Proc. Colonial Waterbird Grp. 3: 69 -74. Kleen, V. 1987. Illinois heron colony surveys, 1987 report. Illinois Birds and Birding 3: 79-82. Koonz, W. H. 1980. Bald Eagle nest in a Manitoba heronry. Blue Jay 38: 47. Krebs, J. R. 1974. Colonial nesting and social feeding as strategies for exploiting food resources in the Great Blue Heron (Ardea herodias). Behaviour 51:99 -131. Krebs, J. R. and B. Partridge. 1973. Significance of head tilting in the Great Blue Heron. Nature 242: 533- 535. Kushlan, J. A. 1976. Feeding behavior of North American herons. Auk 93: 86-94. - The - Academy of;Nataral Sciences: of Philadelphia .'" • 1 Great Blue Heron and Great Egret Feeding Habitat, 1998 Christine M. Custer USGS, Biological Resources Division Upper Midwest Environmental Sciences Center P.O. Box 818 La Crosse, WI 54602 Final Report to Minnesota Department of Natural Resources Introduction Populations of both great blue herons (Ardea herodias) and great egrets (Casmerodius albus) have declined in the Midwest and along the upper Mississippi River (UMR) (Thompson 1977, 1978a). It has been hypothesized that these population declines have been a result of habitat quality changes including loss of nesting trees due to logging and flooding, and degradation and loss of wetlands which has reduced the quality and quantity of feeding habitats. Quality feeding habitat in proximity to breeding rookeries is an important aspect governing reproductive success of colonial waterbirds. Quality habitat is defined around physical, biological, and anthropogenic parameters such as water depth '(Custer and Osborn 1978), turbidity (Krebs 1974), vegetation characteristics (Thompson 1978b), food abundance, distance from breeding site (Gibbs 1991), distance from human disturbance (Miller 1943), volume of barge and recreational boat traffic, etc. Flooding, construction of dams, and dredging can alter the presence and location of preferred feeding habitats in river system and thereby impact reproductive success. Urban sprawl and wetland loss can also alter the location and quality of feeding habitat in other situations. The objectives of this study were to determine the location of feeding habitat for great blue hero ns and great egrets from selected rookeries (Fig. 1) and to quantify important habitat features associated with those feeding sites. Methods • Using a single- engine, high- winged aircraft, the breeding rookery was circled in a counter- • • Figure 1. Location of great blue heron and great egret rookeries where feeding habitat data were collected in 1998. 2 clockwise direction, approximately 300 meters above the ground, and a bird selected as it left the rookery. That bird was then followed to its feeding location (Custer and Osborn 1978, Custer and Bunck 1992). The time of day that the bird left the rookery and the time it arrived at its feeding location were recorded. The location where the bird landed was mapped using a combination of global position system equipment and/or landmarks. The general habitat characteristics (small pond, lake, river, main channel of UMR, open water, emergent vegetation, submergent vegetation, forest, urban, agricultural, etc.), surface water characteristics (glass -like, rippled, or rough), and the presence of other herons and egrets was quantified. After those data were recorded, the observer returned to the nesting rookery and repeated the flight following with a different bird. The next bird to follow was chosen by beginning the search for a new bird at the location in the rookery where the previous bird had departed from and then continuing to fly around the rookery in a counter- clockwise direction. The next bird to leave the rookery was then followed. This eliminated any bias in choosing which bird to follow and ensured that all directions from the rookery had an equal chance of being selected. As many birds as possible were followed from each rookery during a 2- to 3 -hr period in the morning and a 2- to 3 -hr period in the afternoon. Only one species was followed during a specific time period (i.e. either morning or afternoon) and the species followed during a specific time period was alternated so that each species was followed both in the morning and afternoon. The time -of -day that a flight was made, however, was probably unimportant because great blue herons feed steadily throughout the day (McNeil et al. 1993). Results and Discussion One hundred eighty -nine great blue herons and 86 great egrets were followed from 4 rookeries, Pigs Eye, Vermillion River, Peltier Lake, and Smith Slough, between April and July 1998. The Vermillion River and Pigs Eye rookeries were only flown twice. Excessive air traffic in the vicinity of Pigs Eye rookery made those flights dangerous and reduced the quality of the data to the point that it would have been virtually useless. The Vermillion River rookery was discontinued because it lacked great egrets. Peltier Lake and Smith Slough rookeries were substituted at that time. The numbers of birds followed and the distribution of flights covered the breeding season (Custer et al. 1996, Table 1). Observations were terminated at the Pigs Eye rookery before the great egrets arrived there in numbers, and no great egrets were present in the Vermillion River rookery. • Table 1. Distribution of flights by rookery and species during 1998. Rookery Number of birds followed Number of flights Dates flown Great blue Great Egret heron Pigs Eye 11 -- a 2 April 5 - April 14 Vermillion River 46 --- a ' April 5 r April 14 Peltier Lake 63 27 7 May 1 - June 15 Smith Slough 69 59 8 April 28 - July 26 a few or no great egrets were present in the rookery 3 The habitats selected for feeding varied by rookery and species (Table 2). At Peltier Lake rookery, great blue herons selected lakes for feeding (76% of observations), whereas, great egrets selected smaller ponds (65% of feeding sites). The selection of lakes by great blue herons and ponds and marshes by great egrets at the Peltier Lake rookery was a novel result. This might be one way that herons and egrets divide up the feeding habitat. Less than 5% of feeding sites for either species were on rivers or creeks. At the Smith Slough rookery on the upper Mississippi River, however, both great blue herons and great egrets selected river and creek habitat for feeding, 90% and 84 %, for the 2 species respectively (Table 2). Fewer than 10% fed in lakes or ponds. This difference in feeding habitat use, between the 2 rookeries, is probably due to the availability of habitats. The Smith Slough rookery, being located on the upper Mississippi River, had more river habitat in close proximity to the rookery than did the Peltier Lake rookery. Likewise nearly all of the Vermillion River feeding habitat was located on rivers and creeks. When great blue herons and great egrets fed on the upper Mississippi River, most ( >80 %) fed in backwater habitats, such as braided channels and backwater areas (Table 3). Main channel habitat was used slightly, but the open parts of the navigation pools were avoided. The pond and lake division, however, was not seen at the two Mississippi River rookeries. The predominance of river habitat as the prime feeding habitat, and the lack of large lake and pond habitat nearby might o have masked the habitat -use division that was seen at Peltier Lake. • • Table 2. Habitat selection by great blue herons and great egrets in the upper Mississippi River Basin, 1998 Colony & S •ecies Peltier - Great blue heron Peltier - Great egret Smith Slough - Great blue heron Smith Slough - Great egret Vermillion - Great blue heron Foraging habitat selection, 1998 Lake Pond Marsh River /creek other 76% ;13% 7% 2 %' 2% 13% 65% 17% 4% 0% 0% 8% 0% 90% 2% 4% 7% 5 °k 84% 0% 0% 0% 0% 97% 3% Table 3. Habitat selection by great blue herons and great egrets on the upper Mississippi River, 1998, Mississippi River foraging habitat selection Braided channels/ Main channel Open pool backwaters Smith Slough - Great blue heron Smith Slouth - Great egret Vermillion river - Great blue heron • 84% 14% 2% 95% 2% ' 2% 95% 5% 0% 4 • • • 5 At both Peltier Lake and Smith Slough rookeries, great blue herons were more likely to land on the shoreline or on vegetation and walk into the water to feed than were great egrets (Table 4). Great egrets were more likely to land directly in the water than were great blue herons. Because great egrets often feed with other egrets, the water depth is "known" to them because of the other egrets already feeding in the area. Great blue herons, however, often feed solitarily and therefore have no indication of water depth. Hence, they land on a shoreline, vegetation, or other substrate and them walk into the water from there. Great blue herons can also feed from those perches. Table 4. Landing substrate used by great blue herons and great egrets in the upper Mississippi River basin, 1998. Landing substrate Colony & species Vegetation Shoreline Water Logs/snags Tree Other Peltier - Great 9%1 27% 36% 18% :;a % •.: 49/0 9% blue heron �,.,.� Peltier -Great 19% 31% 27% 8% 15% 2 egret Smith Slough • 20% 32% 30% 10% 8% Great blue heron Smith Slough • 4% 13% 63% 4% 13% 2 %3 Great egret Verrnillion - Great blue heron 12% 59% 21% 9% Are 4 herons that plunged to feed and 1 that landed on a man -made structure. 2 Are 4 egrets that landed at an upland site which was probably a roost. site 3 Is 1 egret that landed on a muskrat house A feeding strategy, plunge diving, was used by great blue herons from Peltier. This was included in the "other" category in Table 4. This was a novel feeding strategy that had been seen by the author very infrequently at the other 8 rookeries where the author has worked. This feeding strategy was seen quite commonly at Peltier rookery. When using this feeding method, a great blue heron would fly slowly over the water and then drop into the water to catch a fish. The bird would then rise from the surface of the water, and it had caught a fish, return to shore so that the fish could be swallowed. This feeding method seems to require calm water with fish routinely feeding near the surface. • 6 The time required and distance traveled to reach a feeding site were correlated, but each metric provides slightly different information (Fig. 2 - 11). The time spent is most useful in determining energetic costs, whereas, distance is more useful in quantifying various habitat parameters. The maximum distance traveled to a feeding site was between 26 and 43 km (Fig. 7 - 11). The mode was always less than 1 km in all cases. The median distance traveled was similar between great blue herons and great egrets at Smith Slough, 7.4 and 7.0 km, but was different between the species at Peltier Lake. At Peltier Lake, great blue herons traveled a median distance of 2.7 km compared to 11.8 km for great egrets. The median distance would be even greater at Peltier Lake, 115 km, if the 6 great egrets that flew to a roost site on the shore of Peltier Lake were disregarded. The reason for this difference in distance flown between great blue herons and great egrets may be accounted for by the habitat preference noted above in Table 2. The rookery is located on an island in Peltier Lake, which is 1 of several large lakes in the area. There are few small ponds or marshes in the immediate vicinity of the rookery, hence the great egrets had to fly farther to find preferable feeding habitat than did the great blue herons. The median distance flown to feeding sites at tie _V rmillion River rookery was smaller than at the other rookeries, however, because only nights were made. The median distance would have been greater had more flights been made.A The spatial distribution of heron and egret feeding sites varied:by_rookery location (Figs. ° 12 - 17). The Peltier Lake birds flew fairly uniformly out in all directions from the rookery (Fig. 12 - 13). The Mississippi River rookeries, Smith Slough (Fig. 14 - 15), Vermillion River (Fig. . 16), and Pigs Eye (Fig. 17), however, had feeding flight lines constrained by the course of the upper Mississippi River. The birds that were lost en route, square yellow boxes on figures 12 - 17, were lost for several reasons. Those at Pigs Eye were lost mainly because of interference with other airplanes or lack of access to restricted air space. At the other rookeries, however, losses were mainly do to the difficulty of following birds that began to circle and gain altitude rapidly. These were often the birds that were leaving the Mississippi River to go inland to feed. They apparently found that it was energetically beneficial to gain altitude by riding thermals and then to coast to distant feeding sites. The distance flown, time to fly to feeding sites, and feeding habitat characteristics at Vermillion River and Smith Slough rookeries were similar to other rookeries on the upper Mississippi River that the author has worked during the past 3 years. Herons and egrets utilize shallow water, braided channel habitat near their rookery, with some off -river feeding. The use of off river feeding habitat is dependent on water levels on the upper Mississippi River for both species. Water level on the upper Mississippi River seems to be more important for great egrets than for great blue herons, however. When the river stage is high, especially in the spring, many to most great egrets may leave the upper Mississippi River to feed because there is little shallow water within the flood plain. As noted above, great egrets land in water and then proceed to feed. They seem to rarely feed from perches such as logs and rocks. Great blue herons, on the other hand, will feed from perches, so they can use deeper water habitats and hence still feed on the upper Mississippi River even during higher water levels. In 1998, the water levels on the upper Mississippi River were generally lower than normal; the spring floods were of less magnitude. IP Because of this, there was more on -river feeding by Smith Slough herons and egrets than has been seen at other rookeries in other years. • • • 7 The only other data on feeding habitat on the upper Mississippi River were done in 1978 (Thompson 1978b). Thirty five herons and egrets were followed by airplane from the Dairy land Power rookery at the north end of Pool 9 right below Lock and Dam 8 (Thompson 1978b). The mean distance flown, 6.5 km for great blue herons and 8.6 km for great egrets, was similar to the median distance of 7.4 and 7.0 km in this study from the Smith Slough rookery. Thompson (1978b) also found that most herons and egrets fed within the flood plain corridor. The maximum distance traveled, 20.4 km for a great blue heron and 35.2 km for a great egret, was less than in this study, but the fewer number of birds followed, probably accounted for that. In both Thompson's (1978b) and this study great egrets flew farther than great blue herons. This may be due to the more restricted feeding habitat of great egrets. Management Implications The first step in preserving and improving heron and egret feeding habitat is knowing what constitutes good habitat. Both herons and egrets seem to require shallow- water, protected-areas, which contain food, within 7 - 12 km of the rookery. Ideally,good feeding habitat should also be within 1 km rookery. Because great blue herons can feed from perches, such as logs and rocks, they can utilize a slightly broader array of habitats than can great egrets, which mainly feed by wading. When given a choice great_ egrets prefer smaller ponds and marshes and avoid large, lakes,, probably because most of the surface area of large lakes is not available to great egrets for feeding. Both species can fly long distances (> 40 km) to find feeding habitat, but most feed close to their rookery. Each species may fly long distances when temporary conditions, such as spring floods, reduce feeding habitat nearby. Because it is energetically costly to fly long distances to feed, they probably can not do this, however, on a long term basis or during periods, such as when young are rapidly growing, which have high energetic costs. References Custer, T. W., and C. Bunck. 1992. Feeding flights of breeding double- crested cormorants at two Wisconsin colonies. J. Field Ornithol. 63:203 -211. Custer, T. W., R. K. Hines, and C. M. Custer. 1996. Nest initiation and clutch size of great blue herons on the Mississippi River in relation to the 1993 flood. Condor 98:181 -188. Custer, T. W., and R. G. Osborn. 1978. Feeding habitat used by colonially- breeding herons, egrets and ibises in North Carolina. Auk 95:733 -743. Gibbs, J. P. 1991. Spatial relationships between nesting colonies and foraging areas of great blue — herons. Auk 108:764 -770. Krebs, J. R. 1974. Colonial nesting and social feeding as strategies for exploiting food resources in the Great blue Heron (Ardea herodias). Behaviour 51:99 -134. Miller, R. F. 1943. The great blue heron. The breeding birds of the Philadelphia region (Part II). Cassinia 33:1 -23. McNeil, R., R. Benoit, and J -L. Desgranges. 1993. Daytime and nighttime activity at a breeding • colony of great blue herons in a nontidal environment. Can. J. Zool. 71:1075 -1078. Thompson, D. H. 1977. Declines in populations of colonial waterbirds nesting within the flood plain of the upper Mississippi River. Proc. Colonial Waterbird Group 1:26 -32. Thompson, D. H. 1978a. Declines in populations of great blue herons and great egrets in five midwestern states. Proc. Colonial Waterbird Group 2:114 -123. Thompson, D. H. 1978b. Feeding areas of great blue herons and great egrets nesting within the flood plain of the upper Mississippi River. Proc. Colonial Waterbird Group 3:202 -213. List of Figures Fig. 1. Location of great blue heron and great egret rookeries where feeding habitat data were collected in 1998 (see page 2). 8 Fig. 2. Frequency distribution of flight times for great blue herons from Peltier Lake rookery in 1998. Fig. 3, Frequency distribution of flight times for great egrets from Peltier Lake rookery in 1998. 411 Fig. 4. Frequency distribution of flight times for great blue herons from Smith Slough rookery in 1998. • Fig. 5. Frequency distribution of flight times for great egrets from Smith Slough rookery in 1998. Fig. 6. Frequency distribution of flight times for great blue herons from Vermillion River rookery in 1998, Fig. 7. Frequency distribution of flight distances for great blue herons from Peltier Lake rookery in 1998. Fig. 8. Frequency distribution of flight distances for great egrets from Peltier Lake rookery in 1998. Fig. 9. Frequency distribution of flight distances for great blue herons from Smith Slough rookery in 1998. Fig— 10. Frequency distribution of flight distances for great egrets from Smith Slough rookery in 1998. Fig. 11. Frequency distribution of flight distances for great blue herons from Vermillion River rookery in 1998. • Fig. 12. Feeding locations for great blue herons from the Peltier Lake rookery in 1998. Fig. 13. Feeding locations for great egrets from the Peltier Lake rookery in 1998. Fig. 14. Feeding locations for great blue herons from the Smith Slough rookery in 1998. Fig. 15. Feeding locations for great egrets from the Smith Slough rookery in 1998. Fig. 16. Feeding locations for great blue herons from the Vermillion River rookery in 1998. Fig. 17. Feeding locations for great blue herons from the Pigs Eye rookery in 1998. 9 UNIVERSITY OF MINNESOTA eirbi- it- January 23, 2002 Joan Galli Non -Game Wildlife Specialist 1200 Warner Road St. Paul, MN 55106 Dear Joan, James Ford Bell Museum of Natural History 10 Church Street S.E. Minneapolis, MN 55455 -0104 612- 624 -7083 Fax: 612 - 626 -7704 College of Natural Resources Thank you for inviting me to today's meeting. I'm sorry that I had to leave before the meeting concluded but I had a meeting back on campus for which I couldn't be late. Perhaps you will find the following hasty summary of my thoughts after the meeting helpful in thinking about next steps. We spent a great deal of time talking about water skiing but I think we would be wise to keep other possible explanations in mind. The following are nine alternatives, presented in alphabetic order, and my assessment of the likelihood that each is the primary cause of abandonment. Importantly, I've suggested steps that could be taken to either eliminate each potential cause or at least to obtain data that would help us to determine whether each alternative might be contributing to the heron/egret abandonment. To maximize the probability of successfully maintaining this colony now, and to maximize our ability to prevent colony abandonment in the future, we should seriously consider all of these possibilities. It is likely that someone will suggest that there is insufficient evidence to identify the primary cause of abandonment and that no restriction on lake use should be imposed until such time as we have conclusive data. I would suggest that we used that philosophy in 2001 with the result that once again there was no successful breeding in this colony. Given the status of this colony as one of the largest, of a relatively small number of metro area colonies, this is a matter of great concern for the entire north metro area. For the health of the metro area ecosystem we cannot afford to wait another year for all the necessary data to be obtained before we act. We must make an educated guess and take action. In my opinion, the most likely explanation is that the colony has been abandoned due to direct human influence in the form of human disturbance (noise and physical presence) in close proximity to the colony. We should work with the community to encourage the adoption of a no -wake zone north of the bog poles. Respect 1y, I M. Lanyon, Ph.D. i ector, Bell Museum of Natural History Professor, Dept. of Ecology, Evolution, and Behavior • • • POSSIBLE EXPLANATION OF COLONY ABANDONMENT HYPOTHESIS #1 Disease ASSESSMENT — To my knowledge there is no evidence of any massive die off However, that does not preclude the possibility that the birds are getting sick during the early part of the breeding season and that this causes them to abandon. I judge this as highly unlikely. ACTION PLAN — We should probably be on the look out around the metro area for heron and egret carcasses. They could be evaluated for pesticide levels, West Nile virus, etc... We could attempt to capture adults (away from the colony would be best) and take blood samples to investigate health. If this is the cause of colony abandonment then examination of only a few individuals should be sufficient. HYPOTHESIS #2 Eagle Presence ASSESSMENT — To date there is no direct evidence that this is a problem either at this colony or in Minnesota generally. Investigation of the Eagle nest this past year revealed no evidence of eagle predation on herons and egrets. However, in other regions of the country there are records of colony abandonment as a result of Eagle activity. ACTION PLAN —Make observations of Eagles around the island to determine whether there are any negative interactions between the species. Examination of nest contents for evidence of eagle predation on herons and egrets would be good to do again this year. HYPOTHESIS #3 Food quantity /quality ASSESSMENT — Food for herons and egrets is unlikely to be a limiting resource in the Chain of Lakes Park region. However, it is possible that the quality of that food has changed without our knowledge. ACTION PLAN — We could attempt to capture adults (away from the colony would be best) and examine body weight and blood chemistry to document individual health. If this is the cause of colony abandonment then examination of only a few individuals should be sufficient. HYPOTHESIS #4 Health of nest trees ASSESSMENT — We didn't discuss this at all and I've never been on the island However, it is hard for me to imagine how this could result in the abandonment of the entire colony. ACTION PLAN — We could monitor tree health (could be correlated with the risk of nest destruction due to branch breakage) and density of canopy cover (could be correlated with risk of predation). HYPOTHESIS #5 Human Disturbance (other than noise) ASSESSMENT —It is possible that noise is not much of an issue but that there is a sufficiently high level of human disturbance (e.g., speed boats, canoes, people walking on the island, people fishing) that the herons and egrets have abandoned the island I don't think we have enough information on level of human disturbance to evaluate how likely this explanation might be. ACTION PLAN — Monitor human use of the island and adjacent waters. Limit use until more evidence is in hand • HYPOTHESIS #6 Inadequate quantity and/or quality of nesting material ASSESSMENT — It appears likely that this could be a limiting resource for the colony. If nest material is in short supply, herons and egrets may be forced to select materials of lower quality. Nests built with low quality materials may be more prone to destruction_. However, it is hard for me to imagine circumstances under which this would lead to a mass abandonment of a colony. ACTION PLAN — Augment the environment with appropriate nest construction materials early in the season (April) and document whether, and to what extent, the herons and egrets make use of this resource. HYPOTHESIS #7 Noise Disturbance — 35W construction ASSESSMENT — It remains possible that the noise associated with this construction project was partially or even completely responsible for the abandonment of the colony in 2000. However, it clearly cannot be the primary cause of abandonment in 2001. ACTION PLAN —Inform the Minnesota Department of Transportation and other offices of the location of concentrations of sensitive wildlife (e.g., colonial waterbird breeding colonies) and provide advice regarding steps they could take to minimize disturbance to the colony (most notably avoiding construction during the time when birds have eggs and nestlings). HYPOTHESIS #8 Noise Disturbance — motor boats close to the island ASSESSMENT —/t appears likely that this could result in sufficient disturbance to cause a mass abandonment of this colony although we lack information on the • timing and intensity of this activity. ACTION PLAN — Maintain a no -wake zone north of the bog poles. Have a discussion with the community asking them to restrict their high speed activities to the area south of the bog poles. We should also post the community decision, to maintain a no wake zone north of the bog poles, on the poles themselves to ensure that visitors to the lake are aware of this goal. HYPOTHESIS #9 Weather ASSESSMENT —A violent storm that destroys nests is often the cause of mass abandonment in colonies. However, there is no evidence of such a storm and/or of mass nest destruction in this colony in 2000 and 2001. ACTION PLAN —Monitor nesting status at regular intervals during the breeding season and immediately following any storms that are accompanied by with significant wind speeds. • Phone # 763 - 767 -2896 763 -767 -2861 651 - 429 -8007 651 - 982 -2400 651 - 429 -3232 651 - 297 -2277 651 - 770 -9864 651 - 635 -6519 651- Lly7 --ter 651 - 429 -3642 763 - 754 -4545 651 - 766-4195 E -Mail Address - zci- Y(;LC((tc/f>') il . 3 z Z No E -Mail Address Mailing Address 1350 Bunker Lake Blvd Andover, MN 55304 550 Bunker Lake Blvd Andover, MN 55304 7701 Main St Lino Lakes, MN 55038 1189 Main St Lino Lakes, MN 55038 1880 Main St Centerville, MN 55038 1200 Warner Road St. Paul, MN 55106 P.O. Box 9334 North St. Paul, MN 55109 1677 Peltier Lake Dr Centerville, MN 55038 6102 Centerville Rd Hugo, MN 55038 1530 Bunker Lake Blvd Andover, MN 55304 3585 N Lexington Ave Suite 330 Arden Hills, MN 55126 Agency / Affiliation Anoka County Parks Anoka County Parks Anoka County Parks City of Lino Lakes City of Centerville Minnesota DNR Minnesota DNR Peltier Lake Association Resident of Lino Lakes Anoka County Sheriff Dept Rice Creek Watershed District Name / Title Jeff Perry Natural Resources Specialist Jon Oyanagi Park Operations Manager Lisa Gilliland Lead Naturalist Marty Asleson Environmental Coodinator Kim Moore -Sykes City Administrator Joan Galli Non -Game Wildlife Specialist Lisa Kruse Conservation Officer Wayne LeBlanc President Art Hawkins Resident Tim Sink Deputy Lee Daliden Inspector T 4 • 0 • � v a � � � V To Whom It May Concern: January 21, 2002 Summary — The Problem I am very concerned for the unique environment and wildlife in Peltier Lake and I am concerned for the hundreds of users of the Lake. It seems that just two individuals have insisted on constructing and using an illegal slalom water -ski course set in a sheltered part of the lake right next to the Heron rookery where 700 nests have been counted. (It is illegal to leave a course in place overnight without a permit.) I believe their noisy boats and activity disturbed the birds and essentially all the birds left the rookery for the 2001 summer season. In addition, mostly coontail and other beneficial aquatic plants were uprooted by their powerful boats causing environmental damage that can easily be seen from an aerial photo. The lake is only 3 to 4 feet deep in that area and I believe huge amounts of silt were put in suspension by their downward thrusting heavy inboard water -ski boats. The fall of 2001 gave Peltier Lake perhaps the worst water quality I have seen in my 22 years on the Lake and I suspect is could be due to the environmental disregard demonstrated by these two individuals. I have never seen coontail wash ashore like it did in August. After the sheriff finally made them remove the illegal slalom water -ski course, they continued to set up the course during days in the same location. Later they moved into various main parts of the Lake causing hardship and restricting others from full use of Peltier Lake. I saw fisherman and other boats forced to go around the slalom water -ski course they established. They essentially cordoned off their own huge private area in what is supposed to be a public resource. In 1998, these same 2 individuals constructed a slalom water -ski course in the same sensitive place right next to the Heron rookery. At the end of the year bird populations seemed down and there was great concern. A meeting with lakeshore owners and several government agencies was held on April 27, 1999, and an agreement was reached that there would be no water - skiing in the sensitive area near the Heron rookery. On July 7, 2001, I saw these same 2 individuals using a slalom water -ski course again in exactly the same spot. When I approached them with my concern, they said they didn't agree to anything and they could do anything they want. It is crystal clear to me that "informal agreements" do NOT work. Formal protection and regulation is required. Even if these 2 individuals quit their activities, there is always the potential for anyone from anywhere to come in and do the same or worse. All indications are that an entire species, the unique and uncommon Black - crowned Night Heron, has completely vanished since 1998, which exactly coincides with the start of slalom water -ski activity next to the rookery. To me, this is not a coincidence. After foraging at night, Black - crowned Night Herons come back to roost during the daytime and are extremely vulnerable to daytime disturbance which is what would happen with a slalom water -ski course next to the rookery. An entire species being wiped out from the rookery is very disturbing to me. Summary — A Solution I recommend protection with local regulation something like the below be enacted before Marchl5 to include •iceout to ice - covered (otherwise they could setup the day of ice -out). 1. North of the bog poles, all non - powered craft stay at least 500 feet away from the island, and power boats are not permitted. (The mostly beneficial aquatic plants are so thick there that power boats normally have difficulty anyway — it is only 3 to 4 feet deep.) • ■TeN r2 t l 200,z 2. South of the bog poles, fishing boats and other boats going at no -wake speed are permitted to within 100 feet of the island, and water skiing is not permitted within 500 feet of the island. 3. Slalom water -ski courses or any marking off of areas in Peltier Lake is not permitted. (The main part of Peltier Lake is about 2000 feet by 4000 feet and a slalom water -ski course has an impact of over 2000 • feet in length with its turn around. Peltier Lake is too small and too unique to justify support of such activity). 4. The island be posted as a bird sanctuary with no trespassing. Signs be added at the boat launch, and buoys, markers, and other signs be located by the island. I hope the various governments pull together and support an action that will help restore and protect the Heron rookery, restore equal access for everyone to the Peltier Lake resource, and preserve and protect the environment from damage. Details — My Background I've lived on Peltier Lake since 1979. In 1989, I started the Peltier Lake Association. Here are some of the accomplishments: • Worked lake level issues when St Paul Water pumped Centerville and Peltier Lake down 6 feet in 1988. • Participated on the Rice Creek Watershed District (RCWD) Citizen Advisory Committee for 3 years and learned much about watersheds. • Began a roughly 4 year Curlyleaf Pondweed harvesting effort for Peltier Lake in 1989. • Motivated RCWD to implement a $90,000 Cleanwater Partnership water quality study for the Centerville and Peltier Lake watershed in 1990. • Worked dam level issues as landowners upstream wanted the dam removed and/or lake levels dropped over winter. • Monitor Peltier Lake water quality for the Metropolitan Council starting in 1989. • Launched an effort to manually dig out recently discovered Eurasian Watermilfoil in Peltier Lake in the fall of 2000. irIn 2001, found $5,000 in RCWD grant money to help harvest and attempt to control the exotic Curlyleaf Pondweed in Peltier Lake south of the island. • Participate in the Centerville Park and Recreation Committee and advocate community trails. • Volunteer as an Assistant Scoutmaster. I'm afraid that virtually everything I've worked for in trying to preserve and improve Peltier Lake is in jeopardy. Details — Behavior Observed To put the problem into perspective, I believe it is worth describing some observed behavior of the two individuals involved. Both were at the April 1999, meeting where numerous experts explained the sensitivity of the area and to please not ski there. Yet, on July 7, 2001, these same two individuals repeated their previous behavior and set up a slalom water -ski course next to the rookery. When I expressed my concern, they said they didn't agree to anything. Later, when I started asking a few other people on the lake about the situation, I was visited on July 10, 2001, by Jerry Lindner and Cindy Lindner who rudely threatened me with a lawsuit saying I was somehow denying them the right of their disabled child to ski the slalom course. They said the ADA was going to get me. They said they were going to sue the Peltier Lake Association for numerous illegal actions. They each had a sheet of paper and seemed to be reading a script. I said I wanted everything in writing. Then I said you have a ski course; right? He said that it was his ski course and he had it rigged so that it sunk when he wasn't using it so nobody else could use it. It was just for him. I asked how long the ski course had been there. He hesitated and said, I'm not answering that. Then I asked him if it was there right now and he again said, I'm not answering that. On July 23, the Anoka County sheriff said he found the slalom water ski course and told the owner it must be removed. So on July 10, when Jerry Lindner and Cindy Lindner were threatening me and intimidating me •with every legal word they could think of, they must have had an illegal water -ski course next to the Heron rookery. Do these actions show respect for regulation or for other people? Regarding the other person, all the years he had his current boat on Peltier Lake, he apparently felt no need to license it. It wasn't until DNR and other vehicles started showing up that he finally got a license for his boat in July. I have seen him drive his boat right next to fishermen when the whole lake was clear (at least now someone has a chance at reading a registration number). I was fishing once myself when he drove by within 50 feet pulling a skier. He happened to come back near us and my daughter called out to him, "Can't you see we're fishing here ?" He said, "There aren't any fish there." I said, "No, not anymore." Do these actions show respect ()for regulation or for other people? In the spring of 1999, I was canoeing around the island when I discovered a float just under the surface. I pulled it up and saw it was part of the slalom water -ski course from 1998. I looked around and saw another, then another. That's when I stopped looking. I don't know how many more were there, but it seemed like there was already an intention to return. Permits do not extend through the winter. All material must be removed from the lake. In August of 2001, I watched them take down their course in the main part of the lake in the evening. In every case I observed, they only removed the top float. They left all the other apparatus in the water overnight (which is illegal without a permit). They set their course up in the only place where I have ever caught a walleye in the lake. With all kinds of lines, concrete blocks and who knows what down there, I wouldn't go fishing there. And even if they had a slalom water -ski course that sunk when not in use, there would probably be over 1,000 feet of hose, lines and other apparatus under water so you couldn't fish there. My opinion is that strict enforcement of new clear regulations as described before are required to protect the Heron rookery, the environment, and normal users of the lake. Details — The Rookery Peltier Lake contains a large wilderness island that used to be home to Black- crowned Night Herons and a large number of Great Blue Herons, Great Egrets, and other birds. The shoreline areas of the lake to the north, east, and west of this island are also essentially wilderness. These areas are rarely frequented by people because the waters there are only 3 to 4 feet deep with a loose silty mud bottom and the area is packed with mostly beneficial aquatic plants. It is an ideal rookery. On July 7, the day I encountered the slalom water -ski course in use north of the island, I did not see any Herons or Egrets north, east, or south of the island (I could not see west of the island). On July 8, the course was again eLin heavy use. On July 25, I did a careful survey and could not find any Herons or Egrets anywhere on Peltier ake west, south, or east of the island. The Herons and Egrets seemed essentially gone for the season. There may be some here and there but for 22 years previous to 1998, I have always seen Great Blue Herons, Great Egrets, and Black - crowned Night Herons from my house from spring to fall essentially every day. They land on the dock or fly to the delta at Clearwater creek about '/a mile away from my house. From my house since July 7, I did not seen any Black - crowed Night Herons, Great Egrets, or Great Blue Herons for at least 3 weeks. Most significant, however, the Black- crowned Night Herons disappeared 3 years ago, exactly corresponding to the establishment of the first slalom water ski course. The summer of 2000 also saw abandonment of the rookery sometime in June. There was speculation that it might have been the I35W road reconstruction, however, it is also worth considering the possibility that there was slalom water -ski activity north of the island. This area is not easy to see from the main part of the lake (which is why the birds like it so well). North, east and west of the island, most vegetation consists of native beneficial aquatic plants such as coontail. An image showing the course cut through these aquatic plants is available to anyone via www.mapquest.com. Type in "Peltier Lake" with zip code 55038, pick one of the results and recenter upward (northward) to the top of the island. Click on the "Aerial Photo" tab. Right click it and do a "save as" and lighten the image to better see the track. The ski track is almost horizontal just north of the island angled slightly upward (see dashed line in figure on page 1) and the right hand end has a counter clockwise curl where the ski boats turn around. Details - -Slalom Water -ski Course Impact Almost everyone on the lake lives south of the island with the western shore belonging to Anoka County Parks. The area south of the island is narrow and small. Refer to the map of Peltier Lake with a slalom water ski course drawn to scale. In the center, is the course (with &its 22 to 28 buoys) and two turnaround ends. Surrounding it all is a buffer of 150 feet. The total estimated impact footprint for a course with a short turn around is about 2,320 feet by 448 feet and for a course with a long turn around, 2,580 feet by 448 feet (course data from www.iwsf.com). The surface area depicted is for the smaller course and has a impact size of about 25 acres. • Estimated Slalom Water Ski Course Impacts On Peltier Lake Slalom water ski course size to scale 150' buffer 2 turn arounds course f Smallest version of official slalom water ski course 2,320' x 448' (largest is about 2,580' x 48) North 40 1000 Feet The geography of Peltier Lake does not allow for easy placement of a course without severely hampering other users of the lake. People tend to fish in a trolling circle around the lake south of the island right through the areas where the two vertical courses are shown. With a slalom water -ski course on either the east or west sides of the lake, the fishing area is essentially reduced by almost half. Because Peltier Lake is long and narrow instead of circular, the placement of a slalom water ski course anywhere dramatically affects the ability of others to use the lake. There is no reason tiny Peltier Lake should dedicate a third of its usable surface area to such a resource hogging specialized activity. There are alternatives for those who want a slalom water -ski course. Just across the road, on adjacent Centerville Lake, there is a water ski club that performs at least weekly. They already regularly obtain a permit for a water ski jump and it seems likely that something could be set up with this club to provide a slalom water -ski course in the same rough area. Centerville Lake is much bigger in its usable area. As another alternative, Goose Lake, just south of White Bear Lake, has a permanent slalom water -ski course installation. As boating pressures continue to increase in the future, it will be even more important to be careful that everyone has equal access to lake resources. Not permitting slalom water -ski courses just ensures that everyone can fish, boat, and water ski with equal access to the Peltier Lake resource. It also helps ensure protection of the rookery. Conclusion I'd like to see Peltier Lake given back to Black - crowned Night Herons, the Great Egrets, and Great Blue Herons. I'd like to see that fishermen, simple water skiers, sailors, canoeists, and other boaters have equal access to the Peltier Lake resource. The resources of Peltier Lake need formal protection. This is a unique situation with its rookery and relatively small size and requires unique regulation. The impact of a fishing boat or even a single water ski boat with skier is negligible compared with the 25 acre monster foot print of a 2,320 foot by 448 foot slalom water -ski course. See again the four points listed under "A Soulution" above. Thank you. Wayne LeBlanc • Appendix Aerial photo taken July 23, 2001 north of island. August 4, 2001. Slalom course north of island. Swirl in lower center is turn around. July 8, 2001 north of island. Setting up course north of island, August 4, 2001. August, 2001. Course in main part of lake (south of the island I I 1 i - • F I -... b \ ..,. ".. 1.1D ... 13 0 \ / .• \ \ / lir V 8 A Slalom ski course dimensions in meters. A=27, B=41, 0=29.347, D=47.011, E=1.25, F=11.5, G=1.15 • • Buoy 6 0 140-180m End Gates 55re (Optional) • %P. Turn Rung n1 • • 5 • X Skier Drop Point Turn around dimensions. Coontail aquatic vegetation washed on shore, August 2001. Rotting coontail, August 20001 Bad water quality, August 2001. John K. VonDeLinde Director May 4, 1999 Anoka County Department of Parks & Recreation Wayne LeBlanc Peltier Lake Association 1677 Peltier Lake Drive Centerville, Minnesota 55038 Dear Wayne: 550 Bunker Lake Boulevard NW • Andover. Minnesota 55304 Telephone,(,642) 757 -3920 • FAX (612) 755 -0230 763 Thank you for setting up the meeting with the Peltier Lake Association April 27. The turnout was exceptional. Everyone's comments were heard and they provided valuable background on the use of the lake and the history behind the development of the Iakeshore. There is obvious passion for the lake and a strong desire to keep a sense of community. Anoka County Parks and Recreation appreciates being a part of the meeting. As everyone is aware, Anoka County is a major landowner along Peltier Lake. We would also be glad to be a part of any future meetings. The St. Paul Waterworks is also a landowner on the lake. Everyone connected to the lake has an interest in issues that apply. This note is meant to provide a review of the decisions made at the April 27 meeting. The consensus was to try the following options: 1. Voluntarily keep any water skiing to the main body of the lake south of the island. There was agreement to avoid skiing in the area north of the island. The request is to keep fast moving boats at least 500 feet from the island. 2. Anoka County Parks and Recreation will work with the water skiing sub- committee to educate the general public in regards to the valuable natural resource the northern third of the lake provides and the importance of limiting any fast - moving water activity in that area. Initially, signs will be placed at the public access to inform and educate. Signs will also be placed on the island shoreline declaring the area as a bird sanctuary. 3. Mayor Kim Sullivan, of Lino Lakes, will approach the sea plane operation in order to educate the business about the heron rookery and the need to avoid the area from a safety perspective for both the planes and the birds. Affirmative Action / Equal Opportunity Employer • • • 4. The Department of Natural Resources will monitor the rookery and the behavior of the variety of nesting birds. Lakeshore owners will also monitor lake use and rookery activity. Perhaps this fall or winter all parties can reconvene to discuss their findings. The residents gathered that evening seem very genuine about working together to allow everyone the opportunity to enjoy the beauty of the natural resources in and around Peltier Lake. Hopefully, they have a better understanding of the rookery and the importance of preserving the habitat needed to support the wildlife. Thank you again for organizing this meeting and for guiding the discussion. Please feel free to contact us with any further information about the water ski sub - committee. Let's hope for a wonderful summer season. Sincerely, Jon Oyanagi Park Operations Manager cc: Kim Sullivan, Mayor, City of Lino Lakes Jim March, City Administrator, City of Centerville Bruce Andersohn, Anoka County Sheriff Jeff Perry, Natural Resource Specialist John VonDeLinde, Director of Parks and Recreation • a7 LeB1�kl. 3zc r 'i Gosw q73Z e re, ift Y-„\ \\- \\'\ 5 u'-' 1)34J \cam ye,,; eL,/tr,,.4ry, i\h„, -tefie7 \2.-64- M /I7-Ri j 7101 // Verivia, 1-e ,\ ,To h 64 -CZnc2 nJer5ol Vt 1- 442.6- o) 6? -si— C/)-L 3 737 611 --7.c - 2• -q G 1- 2q°1- Z Zr1 PJ 4'z _ gds," 05) S-)05 GE-1 -4(0 4 &s'- / ~ d'$ 3- ail/ 0,y( Lf2 c I -O (7y 6c( 6c3 --L3 L (- (77 /Z4-2Q s ",r YZ? - s'(Z7 mss/ 65-3 —75115-- s-/e — 412i/j2-,.3 6V - Yas -zai/ 5'1 -429 6Sl - yZ 9 - S37S