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HomeMy WebLinkAbout07/23/2001 Council Packet• • AGENDA AMENDED CITY OF LINO LAKES Monday July 23, 2001 6:30 P.M. Call to Order and Roll Call: Setting the Agenda: Are there any items to be added or deleted from the Agenda? 1. Consent Agenda — A) Consideration of Expenditures: i) July 23, 2001 (Check No. 62397 through 62476 in the amount of $200,140.58) ii) Centennial Fire District B) Consider Donation of $500 to Centennial 13 A Baseball Team to Compcto in AAU National Championship Games in Sherwood, Arkansas C) Consider Application for Authorization to Conduct Excluded Bingo, Rice Lake PTO. 2. Open Mike A) Mayor's Recognition to Ashley Grundtner, Lisa Hatlestad, and Esther Neu for Girl Scout Service Award Projects 3. Finance Department Report, Al Rolek A) Consider Resolution No. 109, Accepting Proposal for Banking Services, (3/5 Vote) Al Rolek B) Public Hearing on Adoption of Business Subsidy Policy and Tax Abatement Policy; Granting a Tax Abatement and Granting a Business Subsidy, Al Rolek 1) Consider Resolution No. 01 -104 (Business Subsidy Policy) 3/5 Vote 2) Consider Resolution No. 01 -105 (Tax Abatement Policy) 3/5 Vote 3) Consider Resolution No. 01 -106 (Lino Lakes Marketplace Request • for Tax Abatement) 3/5 Vote 4) Consider Business Subsidy Agreement with Target/Kohl's Page 1 AGENDA 4. Administration Department Report, Dan Tesch • A) Authorize Hiring CSO Jim Carroll to fill vacant Police Officer Position, (3/5 Vote) Dan Tesch B) Authorize Hiring Nabil Gubash as Community Service Officer, (3/5 Vote) Dan Tesch C) Accept resignation of City Clerk, Ry -Chel Gaustad, (3/5 Vote) Dan Tesch 5. Public Safety Department Report, Dave Pecchia A) Consider Resolution No. 01 -99, Accepting Donation from Circle Lex VFW Post #6583 to Provide Bus Transportation for the Rice Lake Elementary School Safety Patrol Event. (3/5 Vote) B) Consider Resolution No. 01 -100, Accepting Donation from Ladies Auxiliary VFW Post #6583 to Provide Bus Transportation for the Rice Lake Elementary School Safety Patrol Event. (3/5 Vote) C) Consider Resolution 01 -101, Renew Agreement with the Minnesota Department of Public Safety for the Safe and Sober Project. (3/5 Vote) D) National Night Out Proclamation (3/5 Vote) • 6. Public Services Department Report, Rick DeGardner • A) FIRST READING, Ordinance 15 -01 Amending City Code Concerning Parking Restrictions (3/5 Vote) B) Consider Resolution 01 -97, Accepting Donations from Circle -Lex Lions Club and the Centennial Fire District for Football Program. (3/5 Vote) 7. Community Development Department Report A) Resolution 01 -108, Approving Variance To Allow Accessory Building Closer to Front Lot Line Than Principal Building, 8075 20th Ave. No., (3/5 vote) Jeff Smyser B) Centennial School District, Jeff Smyser (i) (ii) Second Reading, Ordinance 14 -01, Rezoning (4/5 vote); Reconsider Resolution 01 -93, Minor Subdivision Approval, To Revise Conditions of Approval (3/5 vote) C) Resolution 01 -98, Making A Negative Declaration On The Need For An Environmental Impact Statement Based on the Environmental Assessment Worksheet, Lino Lakes Marketplace, Dellwood LLC, (3/5 vote required) Jeff Smyser Page 2 AGENDA D) Lino Lakes Marketplace • 1) Ordinance No. 16 -01, Rezone for PDO, 4/5 Vote, Mike Grochala • 2) Resolution 01 -107, Preliminary Plat Approval, 3/5 Vote, Mike Grochala E) First Reading, Ordinance No. 08 -01, Selling Property on the northeast corner of Birch Street/Hodgson Road to Anoka County, (3/5 Vote Required), John Powell F) 2001 Surface Management, John Powell (i) Receive Plans and Specifications (ii) Authorize Advertisement for Bids 8. Unfinished Business A) June 25, 2001 City Council Minutes 9. New Business 10. Community Calendar, July 24, 2001 through August 13, 2001: A) Wednesday, July 25, 2001, 6:30 p.m., Environmental Board Meeting B) Monday, July 30, 2001, 6:30 p.m., Park Board Meeting C) Thursday, August 2, 2001, 7:00 a.m., EDAC Meeting D) Tuesday, August 7, 2001, National Night Out E) Wednesday, August 8, 2001, 5:30 p.m., Council Work Session F) Wednesday, August 8, 2001, 6:30 p.m., Planning & Zoning Board Meeting G) Thursday, August 9, 2001, Safety Camp H) Monday, August 13, 2001, 6:30 p.m., City Council Meeting 11. Adjourn Revised jmv 7/20/01 3:00 PM Page 3 • EXPENDITURES JULY 23, 2001 • • Date: 07/12/2001 Time: 10:37:27 Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 1858 1858 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S CITY OF LINO LAKES -FM Entry - Invoice Journal Operator: JAL Page: 1 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 44.40 44.40 .00 .00 000264 MIDWEST DELIVERY SERVICE, INC. 1 23.05 23.05 .00 .00 000408 AFSCME COUNCIL #14 1 546.56 546.56 .00 .00 000420 ANOKA COUNTY 1 6,224.72 6,224.72 .00 .00 000528 QWEST 1 2,140.70 2,140.70 .00 .00 000670 BERNSTEIN, BARRY 1 75.73 75.73 .00 .00 000767 RENSLOW, SUSAN 1 224.91 224.91 .00 .00 001187 CONNEXUS ENERGY 1 3,007.70 3,007.70 .00 .00 001506 FIRSTAR BANK USA, N.A. 1 2,906.25 2,906.25 .00 .00 001932 ICMA /MANAGEMENT ASSOCIATION 1 3,866.69 3,866.69 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 220.12 220.12 .00 .00 00 KNOWLAN'S SUPER MARKETS, INC. 1 30.91 30.91 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 74,530.83 74,530.83 .00 .00 002694- MINNCOMM PAGING, INC. 1 35.36 35.36 .00 .00 002700 MINNEGASCO ACCOUNTS PAYABLE, INC. 1 260.84 260.84 .00 .00 002760 MN. DEPT OF HEALTH 1 3,661.00 3,661.00 .00 .00 003250 XCEL ENERGY 1 2,902.94 2,902.94 .00 .00 003320 NORTHWEST ASST CONSULTANT, INC. 3 6,416.33 6,416.33 .00 .00 003451 PERA /REGULAR 1 14,562.59 14,562.59 .00 .00 003452 PERA /COUNCIL 1 189.92 189.92 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 5 1,253.19 1,253.19 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 341.53 341.53 .00 .00 900344 MINNESOTA GOVERNMENT FINANCE OFFICERS AS 1 200.00 200.00 .00 :00 Grand Totals: 29 123,666.27 123,666.27 .00 .00* • Date: 07/17/2001 Time: 12:06:08 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 1861 - 1861 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 61.76 61.76 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 138.22 138.22 .00 .00 000158 ALL STAR SPORTS, INC. 1 100.00 100.00 .00 .00 000160 ALLIED BLACKTOP, INC. 1 400.00 400.00 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 48.00 48.00 .00 .00 000165 ALAUN DISTRIBUTING, INC. 1 48.00 48.00 .00 .00 000260 AMERICAN PRESSURE, INC. 1 2,278.28 2,278.28 .00 .00 000399 ALLDATA CORPORATION 1 1,597.50 1,597.50 .00 .00 000493 ASSET RECOVERY CORPORATION 1 1,305.00 1,305.00 .00 .00 000522 INTERSTATE BATTERIES, INC. 1 12.90 12.90 .00 .00 000565 WELLS FARGO BANK MINNESOTA, N.A. 1 1,500.00 1,500.00 .00 .00 c3LANDFORM ENGINEERING COMPANY, INC. 1 680.00 680.00 .00 .00 000693 HAGLIN, NEAL 1 400.00 400.00 .00 .00 000768 CENTENNIAL BASEBALL LEAGUE, 13A TEAM 1 500.00 500.00 .00 .00 000771 JOHN DEERE COMPANY 1 17,898.44 17,898.44 .00 .00 000772 PUBLIC SAFETY EQUIPMENT COMPANY 1 2,811.75 2,811.75 .00 .00 000900 BUMPER TO BUMPER, INC. 1 436.46 436.46 .00 .00 000927 CARLSON, DONNA 1 294.61 294.61 .00 .00 000990 NEW HOLLAND PLAN 1 887.03 887.03 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 1,000.00 1,000.00 .00 .00 001053 CENTER FRAME AND WHEEL ALIGN, INC. 1 80.00 80.00 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 102.23 102.23 .00 .00 • Date: 07/17/2001 Time: 12:06:13 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 0007 CONNEXUS ENERGY 1 13,380.00 13,380.00 .00 .00 001223 CROSS NURSERIES, INC. 1 3,317.75 3,317.75 .00 .00 001260 D.C.A. INC. 1 241.80 241.80 .00 .00 001270 DALCO, INC. 3 1,000.85 1,000.85 .00 .00 001292 DEHN OIL COMPANY, INC. 2 5,055.04 5,055.04 .00 .00 001530 FOREST LAKE FORD, INC. 1 75.70 75.70 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 413.15 413.15 .00 .00 001584 FUNKHOUSER, JAMES & JUDITH 1 2,317.58 2,317.58 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 101.81 101.81 .00 .00 001720 W. W. GRAINGER, INC. 1 68.70 68.70 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 639.00 639.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS 1 239.04 239.04 .00 .00 002694 MINNCOMM PAGING, INC. 1 53.80 53.80 .00 .00 002743 BCA /FORENSIC SCIENCE LABORATORY 1 200.00 200.00 .00 .00 002839 MINNESOTA TAXPAYERS ASSOCIATION 1 125.00 125.00 .00 .00 003193 NEWSCOPE TECHNOLOGIES, INC. 1 1,409.16 1,409.16 .00 .00 0111, XCEL ENERGY 1 180.90 180.90 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER 1 76.78 76.78 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 1,850.00 1,850.00 .00 .00 003664 R D J SPECIALTIES, INC. 1 920.16 920.16 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003990 SHOREVIEW, CITY OF 1 5,012.26 5,012.26 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 004240 STREICHER'S, INC. 1 89.46 89.46 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 2,046.87 2,046.87 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 699.00 699.00 .00 .00 004530 TURF SUPPLIES, INC. 1 2,008.30 2,008.30 .00 .00 • Date: 07/17/2001 Time: 12:06:23 CITY OF LINO LAKES FM Entry - Invoice Journal Vendor # 004562 004590 004840 005030 900524 900590 Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost U.S. FILTER /WATERPRO, INC. 1 1,341.90 1,341.90 .00 .00 UNIFORMS UNLIMITED, INC. 1 36.95 36.95 .00 .00 WINNICK SUPPLY, INC. 1 175.29 175.29 .00 .00 ELECTION SYSTEMS & SOFTWARE, INC. 1 15.54 15.54 .00 .00 BURGER, LUANN 1 304.00 304.00 .00 .00 LASER TECHNOLOGY, INC. 1 53.39 53.39 .00 .00 Grand Totals: 58 76,474.31 76,474.31 .00 .00* Date: 07/17/2001 Time: 12:15:56 Operator: JAL •es : Options: Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 1859 - 1865 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept 62399 AFSCME COUNCIL #14 0 CENTENNIAL FIRE DISTRI 0 CONNEXUS ENERGY 62403 FIRSTAR BANK USA, N.A. 62404 ICMA /MANAGEMENT ASSOCI 62407 METRO COUNCIL WASTEWAT 62408 MIDWEST DELIVERY SERVI 62412 MN. DEPT OF HEALTH 62413 NORTHWEST ASST CONSULT 62414 PERA /COUNCIL 62415 PERA /REGULAR O PRESS PUBLICATIONS, IN 62397 M RENSLOW, SUSAN 0 SHOREVIEW, CITY OF • 0 ALAUN DISTRIBUTING, IN SUPPLIES 0 ALL STAR SPORTS, INC. GIFT CERTIFICATE O BURGER, LUANN DANCE CLASSES O FRATTALLONE'S HARDWARE PARTS /SUPPLIES Total for Dept 207 PAYROLL WITHHOLDING * * * * * * ** SAFETY CAMP * * * * * * ** STREET LIGHTS /BLUEBILL P * * * * * * ** COMPUTER PURCHASE /LODGIN * * * * * * ** PAYROLL WITHHOLDING JUNE SAC /JULY SEWER DELIVERY SERVICE STATE WATER FEE PROFESSIONAL SERVICES PAYROLL WITHHOLDING PAYROLL WITHHOLDING ADVERTISING REIMBURSE OVERPAYMENT QUARTERLY UTILITY BILLIN * * * * * * ** Total for Dept ** YOUTH IN YOUTH IN YOUTH IN YOUTH IN 0 CARLSON, DONNA MILEAGE /LODGING MAYOR /CO O CENTENNIAL BASEBALL LE FUNDING ASSISTANCE MAYOR /CO 62403 FIRSTAR BANK USA, N.A. COMPUTER PURCHASE /LODGIN MAYOR /CO O PRESS PUBLICATIONS, IN ADVERTISING MAYOR /CO O TIMESAVER OFF -SITE SEC JUNE 25, JUNE 27 MAYOR /CO Total for Dept 401 O BARNA, GUZY & STEFFEN, TELEPHONE CONFERENCES ADMINIST O D.C.A. INC. FLEXIBLE SPENDING ADMINI ADMINIST 62403 FIRSTAR BANK USA, N.A. COMPUTER PURCHASE /LODGIN ADMINIST O HAGLIN, NEAL STIPEND ADMINIST 0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST Total for Dept 402 • Amount 546.56 1,000.00 13,380.00 2,441.84 3,866.69 42,101.50 23.05 3,661.00 4,313.78 189.92 14,562.59 103.50 224.91 171.60 86,586.94* 48.00 100.00 304.00 51.06 503.06* 294.61 500.00 360.46 15.00 474.00 1,644.07* 48.00 241.80 99.00 400.00 282.00 1,070.80* Date: 07/17/2001 Time: 12:15:57 Operator: JAL Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description 62411 MINNESOTA GOVERNMENT F CONFERENCE /AL R 0 MINNESOTA TAXPAYERS AS MEMBERSHIP 0 PRESS PUBLICATIONS, IN ADVERTISING Total for Dept 407 0 LANDFORM ENGINEERING C PROFESSIONAL SERVICES Total for Dept 415 62413 NORTHWEST ASST CONSULT PROFESSIONAL SERVICES Total for Dept 416 0 0 0 0 62402 0 0 0 0 0 0 0 0 0 0 0 0 1110.9 A T & T ADVANCED GRAPHIX, INC. BCA /FORENSIC SCIENCE L CLEARWATER CREEK CONVE CONNEXUS ENERGY FRATTALLONE'S HARDWARE GLENWOOD INGLEWOOD, IN MONTHLY SERVICE DECALS CLASSES CARWASHES MONTHLY SERVICE PARTS /SUPPLIES MONTHLY SERVICE IMAGE PRINTING & GRAPH PRINTING LASER TECHNOLOGY, INC. FREIGHT MINNCOMM PAGING, INC. MONTHLY OTTER LAKE ANIMAL CARE IMPOUND PUBLIC SAFETY EQUIPMEN SEATS R D J SPECIALTIES, INC RULERS SHRED -IT, INC. DESTROY STATE OF MINNESOTA CONNECT STREICHER'S, INC. PAINT UNIFORMS UNLIMITED, IN UNIFORM SUPPLIES XCEL ENERGY MONTHLY SERVICE XCEL ENERGY MONTHLY SERVICE Total for Dept 420 SERVICE SERVICE FEE CONFIDENTIAL CHARGES 0 CLEARWATER CREEK CONVE CARWASHES Total for Dept 422 0 ALLIED BLACKTOP, INC. SWEEPER RENTAL 62402 CONNEXUS ENERGY MONTHLY SERVICE 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 62409 MINNCOMM PAGING, INC. MONTHLY SERVICE 0 PRESS PUBLICATIONS, IN ADVERTISING 0 T.A. SCHIFSKY AND SONS ASPHALT 0 WINNICK SUPPLY, INC. PARTS /SUPPLIES 0 XCEL ENERGY MONTHLY SERVICE 62419 XCEL ENERGY MONTHLY SERVICE Total for Dept 430 0 ALLDATA CORPORATION SUBSCRIPTION 0 AMERICAN PRESSURE, INC SERVICE CALL 0 BUMPER TO BUMPER, INC. PARTS /SUPPLIES 0 CENTER FRAME AND WHEEL ALIGNMENT #347 • Dept FINANCE FINANCE FINANCE ECONOMIC PLANNING POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE MAT POLICE POLICE POLICE POLICE POLICE POLICE BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET Amount 200.00 125.00 588.00 913.00* 680.00 680.00* 2,102.55 2,102.55* 61.76 138.22 200.00 93.72 10.65 35.59 40.81 239.04 53.39 53.80 76.78 2,811.75 920.16 54.95 390.00 89.46 36.95 24.85 3.14 5,335.02* 8.51 8.51* 400.00 500.49 68.70 8.84 104.00 2,046.87 73.97 64.65 2,890.10 6,157.62* 1,597.50 2,278.28 436.46 80.00 Date: 07/17/2001 Time 12:15:59 Operator: JAL Page: 3 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description O DEHN OIL COMPANY, INC. GASOHOL 0 FOREST LAKE FORD, INC. OIL 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES O INTERSTATE BATTERIES, BATTERIES O JOHN DEERE COMPANY TRACTOR /TILLER /BROOM O NEW HOLLAND PLAN PARTS 62418 THANE HAWKINS POLAR CH PARTS /SUPPLIES 0 WINNICK SUPPLY, INC. PARTS /SUPPLIES Total for Dept 431 62398 62402 0 0 62403 0 0 62410 0 62416 0 A T & T CONNEXUS ENERGY DALCO, INC. ELECTION SYSTEMS & SOF FIRSTAR BANK USA, N.A. FRATTALLONE'S HARDWARE MONTHLY SERVICE MONTHLY SERVICE SUPPLIES LICENSE COMPUTER PURCHASE /LODGIN PARTS /SUPPLIES GLENWOOD INGLEWOOD, IN MONTHLY SERVICE MINNEGASCO ACCOUNTS PA MONTHLY SERVICE NEWSCOPE TECHNOLOGIES, REPAIR LIGHTS QWEST MONTHLY SERVICE XCEL ENERGY MONTHLY SERVICE Total for Dept 432 O CROSS NURSERIES, INC. 0 FRATTALLONE'S HARDWARE O JOHN DEERE COMPANY 62409 MINNCOMM PAGING, INC. 62410 MINNEGASCO ACCOUNTS PA O NEWSCOPE TECHNOLOGIES, 111111.6 QWEST O TURF SUPPLIES, INC. TREES PARTS /SUPPLIES TRACTOR /TILLER /BROOM MONTHLY SERVICE MONTHLY SERVICE REPAIR LIGHTS MONTHLY SERVICE SUPPLIES Total for Dept 450 62401 BERNSTEIN, BARRY MILEAGE 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 62409 MINNCOMM PAGING, INC. MONTHLY SERVICE 0 PRESS PUBLICATIONS, IN ADVERTISING Total for Dept 451 O TIMESAVER OFF -SITE SEC JUNE 25, JUNE 27 Total for Dept 461 O ASSET RECOVERY CORPORA RECYCLING DAY 62406 KNOWLAN'S SUPER MARKET RECYCLING DAY 62417 SAFETY KLEEN CORPORATI RECYCLE OIL FILTERS Total for Dept 462 0 CROSS NURSERIES, INC. TREES 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES Total for Dept 463 • Dept FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET Amount GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI ENVIRONM SOLID WA SOLID WA SOLID WA FORESTRY FORESTRY 5,055.04 75.70 22.97 12.90 17,116.30 887.03 341.53 101.32 28,005.03* 44.40 1,383.23 1,000.85 15.54 4.95 16.56 61.00 136.56 646.51 1,965.69 5.46 5,280.75* 2,179.05 47.55 782.14 8.84 26.17 762.65 115.14 2,008.30 5,929.84* 75.73 4.12 8.84 280.50 369.19* 225.00 225.00* 1,305.00 30.91 1,253.19 2,589.10* 1,138.70 50.31 1,189.01* A Date: 07/17/2001 Time: 12:16:01 Operator: JAL Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills 0 C # Vendor Alpha Name Description Dept Amount 0 WELLS FARGO BANK MINNE ADMINISTRATION CHARGES DEBT SER 1,500.00 Total for Dept 470 1,500.00* 62402 CONNEXUS ENERGY MONTHLY SERVICE WATER 941.97 O FRATTALLONE'S HARDWARE PARTS /SUPPLIES WATER 116.29 0 INFRATECH TECHNOLOGIES MAGNETIC LOCATOR WATER 319.50 62405 INFRATECH TECHNOLOGIES MARKING FLAGS WATER 220.12 62409 MINNCOMM PAGING, INC. MONTHLY SERVICE WATER 4.42 62410 MINNEGASCO ACCOUNTS PA MONTHLY SERVICE WATER 98.11 0 PRESS PUBLICATIONS, IN ADVERTISING WATER 477.00 62416 QWEST MONTHLY SERVICE WATER 59.87 O SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN WATER 3,749.83 O U.S. FILTER /WATERPRO, LABOR WATER 1,341.90 O W. W. GRAINGER, INC. TOOLS WATER 68.70 Total for Dept 494 7,397.71* 62402 CONNEXUS ENERGY MONTHLY SERVICE SEWER 171.36 O INFRATECH TECHNOLOGIES MAGNETIC LOCATOR SEWER 319.50 62407 METRO COUNCIL WASTEWAT JUNE SAC /JULY SEWER SEWER 30,129.33 62409 MINNCOMM PAGING, INC. MONTHLY SERVICE SEWER 4.42 O SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN SEWER 1,090.83 O XCEL ENERGY MONTHLY SERVICE SEWER 85.94 62419 XCEL ENERGY MONTHLY SERVICE SEWER 9.70 Total for Dept 495 31,811.08* 62400 ANOKA COUNTY TAX- TRAILS OTHER 6,224.72 O FUNKHOUSER, JAMES & JU LAND PURCHASE OTHER 2,317.58 62407 METRO COUNCIL WASTEWAT JUNE SAC /JULY SEWER OTHER 2,300.00 Total for Dept 499 10,842.30* • Grand Total 200,140.58* Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax July 17, 2001 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 #12758 — 12781, in the amount of $17,198.98 is hereby requested. • • • • DATE CHECK# NAME 07/17/2001 12758 07/17/2001 12759 07/17/2001 12760 07/17/2001 12761 07/17/2001 12762 07/17/2001 12763 07/17/2001 12764 07/17/2001 12765 07/17/2001 12766 07/17/2001 12767 07/17/2001 12768 07/17/2001 12769 07/17/2001 12770 07/17/2001 12771 07/17/2001 12772 07/17/2001 12773 07/17/2001 12774 07/17/2001 12775 07/17/2001 12776 07/17/2001 12777 07/17/2001 12778 07/17/2001 12779 07/17/2001 12780 07/17/2001 12781 Centennial Fire District Check Register Amaco Oil Company Anoka - Technical College Centennial Firefighters Relief Association Centerville Floral City of Lino Lakes Connexus Energy Davco Technologies, Inc. Emergency Apparatus Maintenance Frattalone's Hardware Johnson & Hinschberger, Ltd. Loffler Business Systems McLeod USA Milo Bennett Oxygen Service Company, Inc. Photoworld Qwest Sedgwick Susan Booth Tom Thumb Verizon Wireless Viking Office Products Waldoch Sports Xcel Energy Susan Booth ACCOUNT 42100 - Fuel and Lube 42220 - Travel, Conference, School 43010 - 3rd Quarter Relief Assn. 42280 - Miscellaneous Expense 43030 - 3rd Quarter Common Area 42252 - Station 1 - Electric 42110 - Other Maintenance 42000 - Vehicle Maintenance 42110 - Other Maintenance 42160 - Accounting Services 42110 - Other Maintenance 42240 - Telephone Expense 42110 - Other Maintenance 42270 - Breathing Air 42180 - Office Supplies 42240 - Telephone Expense 42110 - Other Maintenance 42280 - Miscellaneous Expense 42100 - Fuel and Lube 42240 - Telephone Expense 45010 - Safety Camp Expense 42130 - Equipment Expense 42254 - Station 2 - Electric 45010 - Safety Camp Expense Total Page 1 of 1 AMOUNT 109.49 550.00 5,375.00 85.88 5,883.50 295.45 69.50 1,866.86 173.30 125.00 17.56 361.73 182.00 280.16 80.50 297.85 366.00 132.00 18.30 112.99 36.47 66.33 641.61 71.50 $17,198.98 • AGENDA ITEM 1C STAFF ORIGINATOR: Jean Viger, Deputy Clerk DATE: July 23, 2001 TOPIC: Application for Rice Lake PTO to Conduct Excluded Bingo VOTE REQUIRED: 3/5 Vote BACKGROUND: Non - profit organizations are allowed under the State Gambling Statutes to apply for an exemption from a gambling license if they conduct fewer than five (5) gambling occasions per year. The Rice Lake PTO, is requesting to hold their 2nd annual "Back to School" bingo family night. This event will be held at the Rice Lake Elementary School, 575 Birch Street, on September 14, 2001. Attached please find a copy of Certificate of Good Standing - Nonprofit Articles of Incorporation from the Secretary of State's office. OPTIONS: 1. Adopt a motion approving the request for an exemption from a gambling license. 2. Deny the request RECOMMENDATION: Option No. 1 •Minnesota Lawful Gambling Page 1 of 2 LG240B - Application to Conduct Excluded Bingo (No fee) 8/00 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Previous authorization number, if any Organization Name (as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service) R Ic�k.�- PT 0 icy Street �, , 5-1 5 Biv-c., ThPet- City Limo L &ke Q State NA k1 Zip code sc I County (Al -Lb k Type of nonprofit organization (check one): Fraternal Veteran Religious Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): MCertificate of Good Standing - Minnesota Secretary of State's Office Intemal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current No X Yes If yes, list the year? dates that bingo was conducted bingo events held this year. i,A0-P_-C� 114._ 2 CSI The bingo event will be one of four or fewer Date(s) of bingo event(s) S P. e fir. CC__I -OR - The bingo event will be conducted (up to 12 County Fair Date(s) of bingo event State Fair Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo event consecutive days) in connection with a: 7 ,/ • Su 7_ `-' « +ii fill ue 1 Le't' Daytime Phone ( ) -1541 % _3L1 Premises Where Excluded Bingo Will Be Conducted Name of premises _ Lidc-c_, L.-_--: I c_1-1.---v-e4 vtcu - / Street address _ f 111;' 't',�t' 1'7 75 e r k- di 1 S' "f li? c' i- City or township ,. n S� i County L Iii Ci( c-c.4 /111. l iii /cc& Be sure to complete page 2 • • • LG240B - Application to Conduct Excluded Bingo f La_ r7Z Organization Name Page 2 of 2 8/00 Chief Executive Officer's Signature The information provided in this applica is complete an ccur t est of my knowledge. / Chief executive officer's signature a' I • Phone number 74... r7rq 1 �/ �7 ) / / 000 Name (please print) N 1 E F V. KEc t,e ♦/ Date 7 / /0 / 200 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the — - - - - -- premises located within the city's jurisdiction. 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. For the township: On behalf of the township, I acknowledge that the organization is applying for -- — _ —_ excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. sec. 349.213, subd. 2). Title Date I. For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's Print name of county jurisdiction. (Signature of county personnel receiving application) Title Date / / This form will be made available in alternative format (i.e. 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 an authorization. If you supply the information requested, the Board will be able to process your application. Your name 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 authorization. When the Board issues your authorization, all of the ' nformation that you have provided to the Board in the process of applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided in the process of applying for an authorization 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 intemational 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. Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. AGENDA ITEM 3A • STAFF ORIGNINATOR: Al Rolek MEETING DATE: July 23, 2001 TOPIC: Consider Resolution 01 -109 Accepting Banking Proposal VOTE REQUIRED: 3/5 • BACKGROUND: For some time it has been the intent of staff, at the direction of the City Council, to evaluate the banking opportunities in the City. The purpose of this evaluation is to establish a banking relationship with the institution which best fits the banking needs of the City. In May of this year staff mailed Requests for Proposals 'for Banking Services (RFP) to each bank within the City, Firstar Bank, Community National I3ank and Lino Lakes State Bank. The City received responses from each of these institutions. Upon comparing and evaluating the responses, staff found that all banks met the basic criteria and had the ability to deliver the services requested in the RFP. Two of the institutions, Lino Lakes State Bank and Community State Bank, offered the best package of services and costs and were virtually identical in this regard. Other criteria of a more intangible nature, such as customer service orientation, community involvement, etc., were also considered in the evaluation. Again, both institutions have a high emphasis on customer relations and are involved in community events and service. At present the City maintains one checking account, which is quite adequate for our needs. It has been suggested that perhaps the City could split its accounts between the institutions. While this may sound like a good solution on the surface it would result in twice the time and work the staff would have to dedicate to this area in terms of record keeping, reconciliations, etc. A better solution might be to consider the institutions not designated as the depository for outside financing, negotiated notes and special needs the City would have from time to time. This would afford them the opportunity to participate in the City's overall financial goals. In addition, the City will revisit the RFP process in three years, at which time it is anticipated that all banks will be again invited to submit proposals. Given these factors and the results of the RFP, staff recommends that the City Council adopt Resolution No. 109 -01 accepting the proposal from Lino Lakes State Bank for banking services for a three -year term extending through December 31, 2004. Should you have any questions relative to this matter, please feel free to call me at your discretion. OPTIONS: 1. Adopt Resolution No. 01 -109 2. Deny Resolution No. 01 -109 3. Return to Staff for further review. RECOMMENDATIONS: • Option 1. • Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 01 -109 RESOLUTION TO ACCEPT A PROPOSAL FOR BANKING SERVICES FROM LINO LAKES STATE BANK WHEREAS, the Lino Lakes City Council currently utilizes Firstar Bank for its main depository, checking account and day -to -day services; and, WHEREAS, the City Council is desirous of obtaining information from area banks with the intent of obtaining the best possible array of banking services at the lowest reasonable costs; and, WHEREAS, the city staff issued Requests for Proposals for Banking Services (RFPs) to area banks to obtain such information, including financial data of the institution, services available and estimated costs; and, WHEREAS, staff has received and evaluated replies from the area banks receiving RFPs from the City; and, WHEREAS, staff recommends Lino Lakes State Bank as the institution which best fits the needs of the City at the present time. THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that: 1. City of Lino Lakes accepts the proposal for banking services from Lino Lakes State along with all the terms and conditions listed in the Request for Proposal, attached as Exhibit A. 2. Such designation shall continue for a three -year period commencing September 1, 2001, or as soon thereafter as practicable, through December 31, 2004, with the ability of the City Council to extend such term for an additional three years. ADOPTED by the Lino Lakes City Council this 23rd day of July, 2001. John J. Bergeson, Mayor Jean Vigerl Deputy City Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly passed and adopted. REQUEST FOR PROPOSAL FOR BANKING SERVICES CITY OF LINO LAKES, MINNESOTA Proposals due by 4:30 p.m. Friday, June 15, 2001 • SECTION I II III IV V VI • • INDEX DESCRIPTION Introduction and Background Financial Activity Statistics Proposal Terms for Services Instructions on Submitting Proposals Proposal Form Questionnaire • • • I. INTRODUCTION The purpose of this request for proposal is to generate bids from banking institutions for banking services for the City of Lino Lakes. The City desires increased services while obtaining competitive fees for its banking needs. Background The City of Lino Lakes is a growing community in the southeast corner of Anoka County and is located approximately 20 miles north of Minneapolis. As a part of the seven - county Minneapolis /St. Paul metropolitan area, Lino Lakes is within the jurisdiction of the Metropolitan Council. The City of Lino Lakes is a community of approximately 17,000 residents. The City currently maintains one bank for one account for regular checking and daily deposits. The City uses various brokerage firms and financial institutions for its investments. The City of Lino Lakes generates daily deposits originating from City Hall and includes revenues from utility bills, building permits, recreation services and other city services. The City receives monies transferred into its regular checking account from Anoka County, State of Minnesota and the City's various brokerage firms. The City uses ACH debit system for the deposit of federal and state payroll taxes and Minnesota State sales taxes and the ACH credit system for direct deposit of payroll. There is also the possibility of expanding our use of electronic funds transfer to extend the ability for our utility customers to pay their utility bills via electronic funds transfer. In addition, the City accepts credit card payments for recreation program registration. The City also maintains a major corporate credit card to facilitate transactions and purchases made over the phone, internet or for use during the travel for City employees. Objectives The objective of this competitive bidding process will be primarily to reduce monthly banking fees while increasing interest earnings and obtaining additional banking services. II. FINANCE ACTIVITY STATISTICS 1. Average number of transactions per month: Checks Written 325 Deposits 38 Checks Included in Deposits 1,420 Wire Transfers 2 Returned Checks 2 Average Collected Balance Average Ledger Balance $96,294 $113,964 • III. PROPOSED TERMS FOR CHECKING SERVICE AGREEMENT 1. Checking account services shall be provided free of charge when the City maintains a compensating balance in the amount specified in the financial institution's proposal. In the event a daily balance is less than the required compensating balance, the City will increase the next day's balance above the required amount so that the average balance for the month equals the required compensating balance. An occasional overdraft balance will be allowed. A monthly service charge as outlined in the institution's proposal may be paid in lieu of maintaining a specified compensating balance amount. • • 2. The financial institution shall provide the following reports: a) Daily verbal report of the current balance in the checking account. b) By the third of each month, a monthly checking account statement with written confirmation for all transactions enclosed. c) Monthly account analysis report listing transactions processed and average balances. 3. The financial institution shall pledge collateral of a type and in the amounts as required by Minnesota State Law. 4. The financial institution shall provide the City free of charge checking account deposit slips. 5. The financial institution shall provide the City free of charge deposit endorsement stamps. 6. The financial institution shall provide the City free of charge two safe deposit boxes that measure 10" x 5" x 21 ", or with a volume equal to this. The safe deposit boxes shall be located at the financial institution's office in Lino Lakes. 7. The financial institution shall provide same day credit for all deposits received prior to 3 p.m. on weekdays (except holidays). 8. The financial institution shall provide free wire transfer services. Wire transfers shall be promptly processed and not delayed until wire transfers -in are confirmed. The financial institution shall send to the City written confirmation of all wire transfers within 24 hours. The City must be permitted to wire transfer funds into and out of any of its accounts via personal contact, telephone instruction or fax. The City will keep the bank informed, in writing, of the names of employees authorized to initiate wire transfers. The financial institution shall compensate the City for any loss or cost incurred as a result of wires not completed on time. 9. The financial institution shall return canceled checks sorted in numerical order. • 10. The financial institution shall provide 24 hour electronic funds transfer by ACH debit option and payroll direct deposit. 11. The financial institution shall have the ability and availability to use sweep accounts and/or repurchase agreements for over -night investment of funds. 12. The financial institution shall provide a major corporate credit card with a credit limit of at least $10,000 with no annual fee. 13. The financial institution shall provide free on -line access to the City's account and free on -line banking services. 14. The preceding terms shall be agreed to in writing and commence when a new supply of printed checks becomes available in September, 2001. 15. Failure of the financial institution to follow the terms of this agreement shall constitute grounds for the City to unilaterally cancel the agreement immediately. 16. Uncollected or insufficient checks will be presented twice before being charged against the City's account. 17. The financial institution will make available copies of debit and credit entries to the City on a daily basis. 18. Verbal stop payment orders will be accepted from designated City personnel. The City will forward a written or fax confirmation of the order within three working days. IV. INSTRUCTIONS ON SUBMITTING PROPOSALS 1. Proposals must be submitted by 4:30 p.m. , Friday, June 22, 2001 to: Alan J. Rolek, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 2. The proposal should include the following: a) Completed pages of Section V (A & B) — Proposal for Financial Services and Section VI — Questionnaire from this RFP; b) A sample of a monthly account analysis report; and c) A copy of your financial institution's most recent annual audited financial statements. • • • 3. Standard Terms and Conditions Each proposal must be accompanied by a consolidated report of condition and a consolidated balance sheet. Each proposal must be accompanied by 3 references for similarly -sized government/business clients. The City reserves the right to reject any or all proposals. 4. Proposal Selection Criteria Each proposal will be evaluated based on the following: • Financial strength of the institution • Costs of services • Interest rates offered • Additional services offered 5. Minimum Qualifications The successful proposing financial institution will be conveniently located to the City of Lino Lakes City Hall, a member of FDIC, licensed in the State of Minnesota, a qualified depository of public funds, and a member of ACH with a sound financial history. • V. PROPOSAL FOR FINANCIAL SERVICES A. Checking Account Services. 1. It is hereby proposed to provide the financial services in accordance with the terms outlined in Section II of the RFP, except for the following conditions: • 2. These terms will be effective starting in September, 2001 for a period of 3 years, with the option for the City to extend for another three years. 3. The cost of the above services may be paid for in any of the following methods: (Check those that apply) [ ] Monthly service charge as itemized in Section V, Part B. [ ] Compensating uncollected balance in a checking account in the amount of $ [ ] Other (Explain) 4. If actual account balances (per history) are kept lower, would this change the above? If so, please explain. • ® B. Monthly Service Charges for Checking Account Services to be Assessed as follows: • • Approximate Units per Month Unit Cost Monthly Service Charge 1. Deposits 38 $ $ 2. Checks included in Deposits 1,420 3. Returned Checks 2 4. Checks and other Debits 325 5. Wire Transfers — In 2 6. Wire Transfers — Out 1 7. Daily verbal balance reporting 21 8. Sequencing of canceled checks 325 9. Account maintenance 1 10. Direct deposit of payroll checks 150 11. Automated debits for payments By utility customers 40 12. Other charges (explain) 13. Total estimated monthly service charges $ 14. Earnings credit — explain how it would be calculated: 15. Will earnings credit in excess of service charges be paid to the City? • The preceding terms are hereby agreed to by: Signature Title Financial Institution • • Date Telephone No. • VI. QUESTIONNAIRE 1. Will the City be allowed to wire transfer out uncollected funds in its account? • • 2. How soon will the city receive credit for collected funds in its account for deposits of checks from Anoka County and/or the State of Minnesota? For other checks? 3. How quickly can it be determined whether a specific check issued by the City has cleared our account? Will there be a service charge when we make these requests? 4. Do you pay interest on uncollected funds in an interest bearing account? 5. How are overdrafts handled? What is the maximum number the City would be allowed per month before service charges are applied? 6. Describe aspects of your financial services that distinguish your services from your competitors. 7. Are there other optional services ( e.g. controlled disbursement) that your institution could provide that would be beneficial to the City? Please describe and include costs for these services. • • AGENDA ITEM 3B STAFF ORIGINATOR: Al Rolek DATE: 7/23/01 TOPIC: Public Hearing on the Adoption of a Business Subsidy Policy and a Tax Abatement Policy; Granting a Tax Abatement; and granting a Business Subsidy Vote Required: BACKGROUND: 3/5 The City Council will be considering several actions tonight in response to a request to provide financial assistance for the construction of a Target Superstore and Kohl's Department store on the shopping center site on Lake Drive and 35W. 1. The first action under consideration is the adoption a Business Subsidy Policy. Minnesota Statutes require that any local public entity that has the power to grant business subsidies must adopt a policy that includes criteria to be considered when evaluating a subsidy request. A determination must be made that the subsidy meets a public purpose other than increasing tax base. Those public purposes can include the potential for growth and spin -off development, whether the project includes special design or amenities beyond that required by the zoning ordinance, or whether it provides needed services within the city. If a project results in the creation of jobs, a business receiving a subsidy will need to establish how many jobs it will create and at what wage. In this policy proposed tonight, the city establishes that those guaranteed jobs created will be at 110% of the federal minimum wage requirements, plus benefits. A public hearing is required before adopting such a policy. 2. The second action to be considered is the adoption of a Tax Abatement Policy for the purpose of providing financial assistance to accomplish economic development objectives. Tax abatement is a tool that is available to local public jurisdictions (the city, county and school district) that enables them to capture all or a portion of taxes on a parcel to assist in development within the city. Cities, counties and school districts can each choose whether to participate in a tax abatement. Taxes on a parcel of land can be abated for no longer than 10 years, or for no longer than 15 years if two or fewer jurisdictions • participate. In any given year, the total amount of property taxes abated may not exceed the greater of 5% of the city's current levy, or $100,000. The policy will establish the city's position relating the use of abatement, with objectives including development of the Town Center (see attached map), retaining or increasing local jobs, enhancing the tax base, and affordable housing. 3. The third action to be considered is granting a tax abatement to the proposed Target/Kohl's project (see attached map). The project is expected to generate approximately $24 million in market value when complete, and approximately $108,000 per year in city taxes. Anoka County and Forest Lake School District have declined to participate in this abatement, therefore the city can abate taxes on the parcel for 15 years. Granting an abatement requires a public hearing. 4. Finally, the city council will consider a business subsidy agreement with Target/Kohl's. Because the business subsidy under consideration is in excess of $100,000, a public hearing is required. ill OPTIONS: 1. Open the public hearing 2. Continue the public hearing RECOMMENDATION: Option 1 • JLL 6 5 4 NORTH �'i�T w'► ®11 Wni- a 001� ©�0�00 0 I3 _ 2 L AK ...:... >.: VIYi! 3f ,�%1 pp t . . 6 T B I I*gage L I . Y Ft SUB. X1. IS �1\ 1� TOWNETER X34 +, - -- I STATE- TRUNM-HIOMWA N0.4- - - - - :tiF;:, v8 9+ 35 34 33 32 31 30 29 28 27 .KES :ENTER —STREE G E O' AULT: 2S NO. MARSHAN LAKE 111 9EET a�4 11111111111 5 4 NORTH 2 6 5 4 3 2 I 3 2 7 • KES 7 6 STATE -TRUNK- HIGHWAY 5 IND • I 4 I 3171.4 IAl■ /4°. 49 r- TARGET/KOHL'S PROJECT L 1 8/ /0 -pARK OUTLOT A - - ;ENTER c. -STREET GEOF 2SUB.' NO. MARSHAN LAKE CINNAMON TEAL COURT WEET 10 01132Hianr4fr Arilrar j ' Jr , ,..) • CITY OF LINO LAKES BUSINESS SUBSIDY POLICY The following business subsidy criteria are intended to satisfy the requirements of Minnesota Statutes, §§116J.993 through 116J.995 (the "Act "). The term "City" means the City of Lino Lakes. The term "project" means the property with respect to which the business subsidy is provided. A. MANDATORY CRITERIA All projects must comply with the following criteria: 1. Comprehensive Plan. All projects must be consistent with Lino Lakes' comprehensive plan and any other similar plan or guide for development of the community. 2. But For Test. Business subsidies must be justified by evidence that the project cannot proceed without the benefit of the subsidy. This criterion may be met based solely on representations of the recipient of the business subsidy. 3. Wage Policy. If the project results in the creation of any jobs, the wage for each full time equivalent job created must be, within two years of the date assistance is received (as defined in the Act), at least equal to 110% of the federal minimum wage, plus benefits, or such greater amount as the City may require for a specific project. This may include jobs to be retained but only if job retention is imminent and demonstrable. 4. Economic Feasibility. The recipient must demonstrate to the satisfaction of the City that it has adequate financing for the project and that the project will be completed in a timely fashion. S. Developers Agreement. Grantees will be required to enter into an agreement with the City which is consistent with statutory requirements, including a commitment to remain in business at the site for a minimum of five years after the benefit date and compliance with specific job and wages goals established for the project. 6. Compliance with Act. The business subsidy from the City must satisfy all requirements of the Act. B. PROJECT REVIEW AND EVALUATION POLICY 1. The City recognizes that the creation of good paying jobs is a desirable goal, which benefits the community. Nevertheless, not all projects assisted with subsidies derive their public purposes and importance solely by virtue of job creation. In addition, the imposition of high job creation requirements and • • • high wage level requirements may be unrealistic and counter- productive in the face of larger economic forces of influence and the financial and competitive circumstances of an individual business. In determining the requirements for a project under consideration for a business subsidy, the determination of the number of jobs to be created and the wage levels therefor will be guided by the following principles and criteria: a. The evaluation of projects will take into consideration the project's importance in and benefit to the community from all perspectives, including created or retained jobs. b. If a particular project does not involve the creation of jobs, but is nonetheless found to be worthy of support and subsidy, assistance may be approved without any specific job or wage goals if permitted by applicable law. c. In cases where the objective is the retention of existing jobs, the recipient of the subsidy will be required to provide evidence, which demonstrates that the loss of those jobs is specific and demonstrable. d. The setting of wage and job goals will be informed by (i) prevailing wage rates, (ii) local economic conditions, (iii) external economic forces over which neither the City nor the recipient of the subsidy has control, (iv) the financial resources of the recipient and (v) the competitive environment in which the recipient's business exists. 2. Because it is not possible to anticipate all the needs and requirements of every type of project and the ever - changing needs of the community and in order to retain the flexibility necessary to respond to all proposed projects, the City retains the right to approve projects and business subsidies which may vary from the principles and criteria set forth herein. B. PROJECT REVIEW AND EVALUATION CRITERIA The City will consider one or more of the following criteria in evaluating a request for a subsidy: 1 Increase in Tax Base. The net increase in property taxes estimated to be generated by the project in the first full year of operation. 2. Compliance with Comprehensive or Other Plans. Whether the project is more compatible with the comprehensive plan than other permitted uses for the property. For example, the project may involve a "clean" industry such as a technology or service business, which is preferred over other permitted uses. 3. Marginal.Property. Whether the project is located on property that is not likely to be developed or redeveloped because of blight or other adverse conditions of the property. For example property may be so blighted that the cost of making land ready for redevelopment exceeds the property's fair market value. 4. Design and/or Other Amenities. Whether, as a result of the business subsidy, the project will include design and/or amenity features not otherwise required by law. For example, the project may, at the request of the City, include building design features, sidewalks, landscaping, open space, or public trails, which serve a public purpose but are not required by law. 5. Utilization of Existing Infrastructure Investment. Whether and to what extent (a) the project will utilize existing public infrastructure capacity and (b) the project will require additional publicly funded infrastructure investments. 6. Direct Monetary Return on Public Investment. Arrangements made or to be made for the City to receive a direct monetary return on its investment in the project. For example, the business subsidy may be in the form of an interest - bearing loan or may involve a project sharing arrangement. 7. Leveraged Funds. For every dollar of business subsidy to be provided for the project, the minimum amount of private funds which will be applied towards the capital cost of the project. 8. Spin Off Development. The dollar amount of non - subsidized development the project is expected to generate in the surrounding area and the need for and likelihood of such spin off development. 9. Growth Potential. Based on recipient's market studies and plans for expansion, whether and to what extent the project is expected within five years of its completion, be expanded to produce a net increase of full time equivalent jobs and of payroll, over and above the minimum net increase in jobs and payroll described in the wage policy above. 10. Community Services. Whether the project will provide services in the community and the need for such services. For example, the project may provide health services, retail convenience services such as a nearby grocery store, or social services needed in the community. 11. Competition. Whether the project would create significant competitive advantage over other projects in the area. 12. Other Factors. Depending on the nature of the project, such other factors as the City may deem relevant in evaluating the project and the business subsidy proposed for it. • • • • C. PROJECT REVIEW AND EVALUATION PROCEDURE 1. The City will consider one or more of the criteria listed in Section B in determining whether to provide financial or other assistance to a project as a business subsidy. In applying the criteria to a specific project, the following will apply: a. The City may consider the requirements of any other business subsidy received, or to be received, from a grantor other than the City. b. If the business subsidy is a guaranty, the amount of the business subsidy may be valued at the principal amount of the guaranteed payment obligation. c. If the business subsidy is real or personal property, the amount of the subsidy will be the fair market value of the property as determined by the City. d. If the business subsidy is received over time, the City may value the subsidy at its present value using a discount rate equal to an interest rate which the City determines is fair and reasonable under the circumstances. As used herein "benefit date" means the date the business subsidy is received. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date occurs when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the benefit date refers to the earliest date of either: when the improvements are finished for the entire project, or when a business occupies the property. 2. Because it is not possible to anticipate all the needs and requirements of every type of project and the ever - changing needs of the community and in order to retain the flexibility necessary to respond to all proposed projects, the City retains the right to approve projects and business subsidies which may vary from the principles and criteria set forth herein. Adopted by: Date of adoption: Date of public hearing: • Tax Abatement Policy City of Lino Lakes June 2001 • • • • I. POLICY PURPOSE The purpose of this policy is to establish the City of Lino Lakes' position relating to the use of Tax Abatement, for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax abatement assistance. The fundamental purpose of Tax Abatement in the City of Lino Lakes is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through Tax Abatement. The City of Lino Lakes is granted the power to utilize Tax Abatement by the Minnesota Tax Abatement Act, as amended. It is the intent of the City to provide the minimum amount of Tax Abatement, as well as other incentives, at the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on city services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of Tax Abatement to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. H. DIFFERENCE BETWEEN TAX ABATEMENT & TAX INCREMENT FINANCING The primary difference between Tax Abatement and Tax Increment Financing (TIF) is the way in which the dollars are awarded to the project. When TIF is awarded to a project by the city, the other political subdivisions (the school district and the county) are required to contribute their portion of the increased taxes to the project. Conversely, when Tax Abatement is requested, each political subdivision has the option of granting its portion of the increased taxes to the project. Subsequently, the dollars generated for the project with Tax Abatement are generally Tess than the dollars generated with TIF. I11. OBJECTIVES OF TAX ABATEMENT As a matter of adopted policy, the City will consider using Tax Abatement to assist private development projects to achieve one or more of the following objectives: • To Provide assistance in the Town Center • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. • To enhance and diversify the City of Lino Lakes' economic base. • To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off" development. • To facilitate the development process and to achieve development on sites which would not be developed without Tax Abatement assistance. • To remove blight and /or encourage redevelopment of commercial and industrial areas in the city that result in high - quality redevelopment and private reinvestment. • To offset' increased costs of redevelopment (i.e., contaminated site clean up) over and above the costs normally incurred in development. • To create opportunities for affordable housing. • • • To contribute to the implementation of other public policies, as adopted by the city from time to time, such as the promotion of quality urban or architectural design, energy conservation, and decreasing capital and/or operating costs of local government. IV. POLICIES FOR THE USE OF TAX ABATEMENT a. Tax Abatement assistance will be provided to the developer upon receipt of taxes by the City, otherwise referred to as the pay -as- you -go method. Requests for up- front financing will be considered on a case -by -case basis. b. Any developer receiving Tax Abatement assistance shall provide a minimum of twenty percent (20 %) cash equity investment in the project. c. Tax Abatement will not be used in circumstances where land and/or property price is in excess of fair market value. d. Developer shall be able to demonstrate a market demand for a proposed project. e. Tax Abatement will not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. f. Tax Abatement shall not be used for projects that would place extraordinary demands on city services or for projects that would generate significant environmental impacts. The developer must provide adequate financial guarantees to ensure completion of the project, including, but not limited to: assessment agreements, letters of credit, personal guaranties, et cetera. h. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. g. V. PROJECT QUALIFICATIONS All Tax Abatement projects considered by the City of Lino Lakes must meet each of the following requirements: a. The project shall meet at least one of the objectives set forth in section IV of this document. b. The use of Tax Abatement will be limited to: • Projects occurring in Town Center; or • Industrial, development, expansion, redevelopment, or rehabilitation; or c. The developer shall demonstrate that the project is not financially feasible but -for the use of Tax Abatement. d. The project shall comply with all provisions set forth in the state's Tax Abatement Law, statutes 469.1812 to 469.1815, as amended. • • • e. The project must be consistent with the City's Comprehensive Plan, Land Use Plan, and Zoning Ordinances. f. The project shall serve at least two of the following public purposes: • Job creation. • Increase tax base. • Enhancement or diversification of the city's economic base. • Development or redevelopment that will spur additional private investment in the area. • Fulfillment of defined city objectives, such as those identified in the Comprehensive Plan. • Removal of blight or the rehabilitation of a high profile or priority site. VI. SUBSIDY AGREEMENT & REPORTING REQUIREMENTS All developers/businesses receiving Tax Abatement assistance from the City of Lino Lakes shall be subject to the provisions and requirements set forth by state statute 116J.993 and summarized below. All developers /businesses receiving Tax Abatement assistance shall enter into a subsidy agreement with the City of Lino Lakes that identifies: the reason for the subsidy, the public purpose served by the subsidy, and the goals for the subsidy, as well as other criteria set forth by statute 116J.993. The developer /business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and performance agreement have been met, whichever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Lino Lakes no later than March 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the city within 30 days of meeting the requirements. The developer /business owner shall maintain and operate its facility at the site where Tax Abatement assistance is used for a period of five years after the benefit is received. In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the borrower shall achieve at least one of the objectives set forth in Section IV of this document. Developers /businesses failing to comply with the above provisions will be subject to fines, repayment requirements, and be deemed ineligible by the State to receive any loans or grants from public entities for a period of five years. VII. APPLICATION PROCESS FOR TAX ABATEMENT A. City of Lino Lakes 1. Applicant submits the completed application and completes the Application Review Worksheet. • • • 2. City staff reviews the application and completes the Application Review Worksheet. 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, all necessary notices, resolutions and certificates are prepared by. City staff and/or consultants. 5. Public hearing(s) on the proposed project are held. 6. The EDA or HRA recommends approval or denial of the proposal to the City Council. 7. The City Council grants final approval or denial of the proposal. B. Applications to other political subdivisions It is recommended that applicants intending to seek Tax Abatement from Anoka County and /or Forest Lake or Centennial School District make their applications to those bodies concurrent with their application to the City of Lino Lakes. • • • VIII. APPLICATION FOR TAX ABATEMENT A. Applicant Information Name of Corporation /Partnership Address Primary Contact Address Phone Fax Email On a separate sheet, please provide the following: • Brief description of the corporation /partnership's business, including history, principal product or service, etc... Attach as Exhibit A. • Brief description of the proposed project. Attach as Exhibit B. • List names of officers and shareholders /partners with more than five percent (5 %) interest-in the corporation /partnership. Attach as Exhibit C. • A but -for analysis and narrative. Attach as Exhibit D. Attorney Name Address Phone Fax Email Accountant Name Address Phone Fax Email Contractor Name Address Phone Fax Email Engineer Name Address Phone Fax Email Architect Name Address Phone Fax Email • • • B. PROJECT INFORMATION 1. The project will be: Town Center: Housing Industrial: New Construction Expansion Commercial Redevelopment/Rehabilitation Other Retail Redevelopment/Rehab 2. In addition to the City of Lino Lakes, applicant is requesting Tax Abatement funds from: Anoka County Forest Lake or Centennial School District 3. The project will be: Owner Occupied Leased Space • If leased space, please attach a list of names and addresses of future lessees and indicate the status of commitments or lease agreements. Attach as Exhibit E. 4. Project Address • Include Legal Description and PID number. Attach as Exhibit F. 5. Site Plan Attached: Yes No. 6. Total Amount of Tax. Abatement $ over years. Requested: City Portion of Tax Abatement: Annual $ Total $ County Portion of Tax Abatement ISD xxx Portion of Tax Abatement: Annual $ Total $ Annual $ Total $ 7. Current Real Estate Taxes on Project Site: $ Estimated Real Estate Taxes Upon Completion: Phase I $ Phase II $ 8. Construction Start Date: Construction Completion Date: If Phased Project: Year % Completed Year % Completed • C. PUBLIC PURPOSE It is the policy of the City of Lino Lakes that the use of Tax Abatement should result in a benefit to the public. Please indicate how this project will serve a public purpose. Job Creation: Number of existing jobs Number of jobs created by project Average hourly wage of jobs created New Industrial development which will result in additional private investment in the area Enhancement and/or diversification of the city's economic base The project contributes to the fulfillment of the City's Strategic Plan for Economic Development Accomplishment of City's goals related to the Town Center development Removal of blight Rehabilitation of a high profile or priority site Other: D. SOURCES & USES SOURCES Bank Loan Other Private Funds Equity Fed Grant/Loan State Grant/Loan EDA Micro Loan Tax Abatement ID Bonds TOTAL NAME AMOUNT $.. USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ TOTAL • • E. ADDITIONAL DOCUMENTATION AND CHECKLIST Applicants will also be required to provide the following documentation. A) Written business plan, including a description of the business, ownership /management, date established, products and services, and future plans B) Financial Statements for Past Two Years Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date D) Two Year Financial Projections E) Personal Financial Statements of all Major Shareholders Profit & Loss Current Tax Return F) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration G) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in the Project H) Application fee of $5,000 J) Attach the following documentation as Exhibits Exhibit A — Corporation /Partnership Description Exhibit B — Description of Project Exhibit C — List of Shareholders /Partners Exhibit D — But -For Analysis Exhibit E — List of Prospective Lessees Exhibit F — Legal Description Note: All Major shareholders will be required to sign personal guarantees if up -front financing of the project is required. The undersigned certifies that all information provided in this application is true and correct to the best of the undersigned's knowledge. The undersigned authorizes the City of Lino Lakes to check credit references, verify financial and other information, and share this information with other political subdivisions as needed. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name By Its Date • TAX ABATEMENT PROPOSAL REVIEW WORKSHEET TO BE COMPLETED BY CITY STAFF 1. The project meets the criteria set forth in Section V of the Tax Abatement policy. a) Meets at least one of the objectives in Section III. b) Demonstrates need for Tax Abatement with the but -for analysis c) Consistent with all city plans and ordinances d) Serves at least two public purposes as defined in Section V 2. Ratio of Private to Public Investment in Project: Points: $ Private Investment 5:1 5 $ Public Investment 4 :1 4 Ratio Private : Public Financing 3:1 3 2:1 2 Less than 2:1 1 3. Job Creation in the City of Points: Private Investment 25+ 5 Public Investment 20+ 4 Total 15+ 3 10+ 2 Less than 10 1 4. Ratio Of Tax ABATEMENT To New Jobs Created: Points: $ Tax Abatement request $8,000 or Tess 5 Number of new jobs created $10,000 or less 4 $ of Tax Abatement per new job created $12,000 or less 3 $15,000 or less 2 Over $15,000 1 5. Wage Level of jobs created: Points: Average hourly wage Over $21 /hour 5 of jobs created $18 -21 /hour 4 $14 -17 /hour 3 $10 -13 /hour 2 Under $10 /hour 1 6. Project size: Points: The project will result in the construction 40,000+ 5 of square feet 30,000+ 4 20,000+ 3 10,000+ 2 10,000 or less 1 7. Type of Project: Points: 100% Owner Occupied 5 Mix Owner Occupied & Investment 4 Investment Property 3 8. Use: Points: Industrial or Business Park Project 5 Commercial Rehabilitation /Redevelopment 4 • • • 9. The project will pay annual property taxes Points: in the first fully assessed year of 35,000+ 5 25,000+ 4 15,000+ 3 10,000+ 2 Under $10,000 1 10. Likelihood that the project will result in unsubsidized, spin -off development Points: High 5 Moderate 3 Low 1 Sub -Total Points of a possible 45 points. 11. Bonus Points Bonus Points: The project will be 100% pay -as- you -go Tax Abatement The project contributes to the goals o . Total Points: Overall project analysis: High 45 -38 points Moderate 37 -29 points Low 28 -20 points Not Eligible 19 -0 points 3 points 2 points EXHIBIT A Description of the corporation or partnership EXHIBIT B Description of the proposed project EXHIBIT C Names of officers and shareholders /partners with more than five percent (5 %) interest in the corporation /partnership EXHIBIT D But-for analysis EXHIBIT E Prospective Lessees EXHIBIT F • Legal Description and PID number • • • • AGENDA ITEM 3B -1 STAFF ORIGINATOR: Al Rolek DATE: 7/23/01 TOPIC: Resolution No. 01 -104 adopting the City of Lino Lakes Business Subsidy Policy BACKGROUND: This resolution establishes that the city has met the requirements of the business subsidy law and adopts the City of Lino Lakes Business Subsidy Policy. OPTIONS: 1. Adopt Resolution No. 01 -104 2. Do not adopt Resolution No. 01 -104 3. Return to staff for further consideration RECOMMENDATION: Option 1 • • • Councilmember introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 01 -104 RESOLUTION ADOPTING BUSINESS SUBSIDY CRITERIA WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Statutes ") require the adoption of criteria for the granting of business subsidies as defined in the Statutes; and WHEREAS, The City Council of the City of Lino Lakes (the "City ") has determined that it is necessary and appropriate to adopt business subsidy criteria pursuant to the Statutes; and WHEREAS, The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed business subsidy criteria, including the holding of a public hearing upon published notice as required by law on July 23, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the business subsidy criteria, contained in Exhibit A of this resolution are hereby approved, ratified, established, and adopted and shall be placed on file at the City Hall. Dated: July 23, 2001 Mayor ATTEST: Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 3B -2 STAFF ORIGINATOR: Al Rolek DATE: 7/23/01 TOPIC: Resolution No. 01 -105 adopting the City of Lino Lakes Tax Abatement Policy BACKGROUND: This resolution establishes that the city developed objectives for the use of tax abatement, which include providing assistance to the Town Center, increasing the number and diversity of jobs, enhancing the tax base, or encouraging spin -off development. Policies for the use of tax abatement include developer responsibilities for demonstrating an ability to complete the project, providing cash equity investment, and that the project would not happen without financial assistance. Attached are EDAC recommendations for language changes for Council consideration. OPTIONS: 1. Adopt Resolution No. 01 -105 2. Do not adopt Resolution No. 01 -105 3. Return to staff for further consideration RECOMMENDATION: Option 1 • Memorandum To: Mayor and Council From: Mary Divine Date: 7/16/01 Re: EDAC recommendations on Tax Abatement Policy cc: • EDAC is recommending the following minor corrections and clarifications to the draft Lino Lakes Tax Abatement Policy: IV. Policies for the Use of Tax Abatement, • Letter e: Change wording to "Tax Abatement may not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects and/or existing businesses in the area. • Letter f: Change to "Tax Abatement may not be used for projects...." V. Project Qualifications, Section. b., second bullet: Change the wording to read "Commercial or industrial development, expansion, redevelopment, or rehabilitation." VII. Application Process for Tax Abatement, Section B: Change to "It is recommended that applicants intending to seek Tax Abatement from the affected county or school district..." • • • Councilmember introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 01 -105 RESOLUTION ADOPTING TAX ABATEMENT POLICY WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Statutes ") allows the governing body of a political subdivision to grant an abatement of the taxes imposed by the political subdivision on a parcel of property; and WHEREAS, The City Council of the City of Lino Lakes (the "City ") has determined that it is appropriate to consider tax abatement when it is in the public interest because it will 1) increase or preserve the tax base: 2) provide employment opportunities in the political subdivision; 3) provide or help acquire or construct public facilities: 4) help redevelop or renew blighted areas: or 5) help provide access to services for residents of the political subdivision, pursuant to the Statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Tax Abatement Policy, contained in Exhibit A of this resolution, is hereby approved, ratified, established, and adopted and shall be placed on file at the City Hall. Dated: July 23, 2001 Mayor ATTEST: Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. e AGENDA ITEM 4A STAFF MEMBER Daniel Tesch, Director of Administration DATE 23 July 2001 SUBJECT Promotion of Jim Carroll VOTE REQUIRED 3/5 BACKGROUND At your 9 July meeting, the city council approved a twenty -seven month leave of absence for Police Officer Shawn Silvera. The plan is to re- integrate officer Silvera into the department upon his return from the Peace Corps. This would fit into our growth plan for the department. We would like to fill the vacancy created by Officer Silvera's departure by promoting Jim Carroll, currently our Community Service Officer. Mr. Carroll has been with the department since April of 2000. His promotion is the • customary way we fill vacancies in the police department. OPTIONS 1. Approve the promotion of Jim Carroll to police officer. 2. Deny the promotion. RECOMMENDATION Number One. • • • • AGENDA ITEM 4B STAFF MEMBER Daniel Tesch, Director of Administration DATE 23 July 2001 SUBJECT Hiring Nabil Gubash as Community Service Officer VOTE REQUIRED 3/5 BACKGROUND Jim Carroll's promotion has created a vacancy in the department for a community service officer. We are recommending the hiring of Nabil Gubash for this part-time position. Mr. Gubash is currently a reserve officer with the department, and is attending school for law enforcement. The duties for this position include responding to animal complaints, office duties and general assistance to sworn officers. OPTIONS 1. Approve the hiring of Nabil Gubash. 2. Deny the request to hire Nabil Gubash. RECOMMENDATION Number One. • AGENDA ITEM 4C STAFF MEMBER Daniel Tesch, Director of Administration DATE 23 July 2001 SUBJECT City Clerk Resignation VOTE REQUIRED 3/5 BACKGROUND Ry -Chel Gaustad has submitted her resignation as city clerk effective 13 July 2001. We will begin the process of selecting her replacement immediately. We wish Ry -Chel the best with her career endeavors. OPTIONS Ill 1. Accept Ms. Gaustad's resignation. RECOMMENDATION Number One. • • • • AGENDA ITEM 5A STAFF ORIGINATOR David J. Pecchia Public Safety Director /Chief of Police DATE July 23, 2001 TOPIC VOTES REQUIRED: BACKGROUND Consideration of Resolution No. 01 -99 Accepting Donation from Circle Lex VFW Post #6583 to provide bus transportation for the Rice Lake Elemenetary School Safety Patrol Event. Simple Majority The Circle Lex VFW Post #6583 has donated $280.00 to the Lino Lakes Police Department to defray the cost of bus transportation for the Rice Lake Elementary School Safety Patrol program. The school patrol students are awarded a trip to the Mall of America /Camp Snoopy in appreciation for their dedication to the school safety program enjoying Camp Snoopy for a day of amusement and rides. OPTIONS 1. Adopt Resolution No. 01 - 99 accepting the donation. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 - 99 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW POST #6583 FOR THE SCHOOL PATROL PROGRAM APPRECIATION DAY EVENT WHEREAS, the Rice Lake Elementary School Patrol students attend an appreciation day at the Mall of America, Camp Snoopy, WHEREAS, funding for the Camp Snoopy entrance fee is sponsored by the Suburban Law Enforcement Association, however the transportation cost to the Mall of America is not included, WHEREAS, the Circle -Lex VFW Post #6583 has made a donation in the amount of $280.00 to the City of Lino Lakes to defer the cost of the transportation provided by Lorenz Bus Company; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures - Police $280.00 $280.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $280.00 to defer the cost of transportation to the Mall of America /Camp Snoopy for the School Patrol Appreciation Day and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for their donation. Adopted by the Lino Lakes City Council this 23rd day of July, 2001. John Bergeson, Mayor Jean Viger, Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • STAFF ORIGINATOR AGENDA ITEM 5B David J. Pecchia Public Safety Director /Chief of Police DATE July 23, 2001 TOPIC VOTES REQUIRED: BACKGROUND Consideration of Resolution No. 01 -100 Accepting Donation from Ladies Auxiliary VFW Post #6583 to provide bus transportation for the Rice Lake Elemenetary School Safety Patrol Event. Simple Majority The Ladies Auxiliary VFW Post #6583 has donated $280.00 to the Lino Lakes Police Department to defray the cost of bus transportation for the Rice Lake Elementary School Safety Patrol program. The school patrol students are awarded a trip to the Mall of America /Camp Snoopy in appreciation for their dedication to the school safety program enjoying Camp Snoopy for a day of amusement and rides. OPTIONS 1. Adopt Resolution No. 01 - 100 accepting the donation. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 • Council Member and moved its adoption: introduced the following resolution • • CITY OF LINO LAKES RESOLUTION NO. 01 - 100 RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW POST #6583 FOR THE SCHOOL PATROL PROGRAM APPRECIATION DAY EVENT WHEREAS, the Rice Lake Elementary School Patrol students attend an appreciation day at the Mall of America, Camp Snoopy, WHEREAS, funding for the Camp Snoopy entrance fee is sponsored by the Suburban Law Enforcement Association, however the transportation cost to the Mall of America is not included, WHEREAS, the Ladies Auxiliary VFW Post #6583 has made a donation in the amount of $280.00 to the City of Lino Lakes to defer the cost of the transportation provided by Lorenz Bus Company; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures- Police $280.00 $280.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $280.00 to defer the cost of transportation to the Mall of America /Camp Snoopy for the School Patrol Appreciation Day and wishes to express its gratitude to the Ladies Auxiliary VFW Post #6583 for their donation. Adopted by the Lino Lakes City Council this 23rd day of July, 2001. John Bergeson, Mayor Jean Viger, Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • L PAY TO THE ORDER OF f'4/1-11Eti*C ZOloiLV1 '&V DOLLARS ei 8•0101Y km.* Oa A. Onftr, Pa.v. D.N.,11,617/1 V.F.W. POST 6583 GAMING 7868 LAKE DRIVE LINO LAKES, MN 55014 DATE 12097 56-15222509 910 *FIRSTAR Bank N A www.firstr.com 6/4.1 d ' i 116 L 209 7111,409 LO S 2 244 00300022 • 56-15222497 LADIES AUXILIARY VFW POST #6583 003003389 910 LINO LAKES, MN 55014 DATE 7868 LAKE DR. $L2ld 9 PAY TO THE 4 ORDER OF cao Ott-f--ak ij *FIRSTAI? Bank, NA www.firstancom Bank Without Boundaries MEMO 4- e,ILp1 -A:09 LO S 2 241: 00 300 3 3890 04968 74•17 rti 4968 Se..1 Fauns DOLLARS 411 AGENDA ITEM 5C • • STAFF ORIGINATOR David J. Pecchia, Public Safety Director DATE July 23, 2001 TOPIC Consideration of Resolution No. 01 -101 renew agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the Safe & Sober project VOTES REQUIRED: BACKGROUND 3/5 The Lino Lakes Police Department has participated in the Safe and Sober project for the past two years. We are requesting that the Lino Lakes City Council allow us to enter into a renewal grant agreement for the period of October 1, 2001 through September 30, 2002, and adopt Resolution 01 -101. See attached agreement for further details. OPTIONS 1. Approve request to renew the Safe & Sober grant agreement. 2. Return to staff for further review and consideration. RECOMMENDATION Approve request. • Council Member introduced the following resolution • • and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 - 101 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Lino Lakes enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities during the period from October 1, 2001 through September 30, 2002. The Public Safety Director /Chief of Police is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on July 23, 2001. John Bergeson, Mayor Jean Viger, Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Example 1 for Single Agency Grants and Lead Agencies in Multiple Agency Grants RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Lino Lakes Police Department enter into a grant (Name of Your Agency) agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2001 through September 30, 2002. The Chief of Lino Lakes Police Department is hereby authorized to execute such agreements and amendments as are necessary to, implement the project on behalf of the Lino Lakes Police Department and to be the fiscal agent and administer the grant. e/, /0 / I certify that the above resolution was adopted by the Lino Lakes City Council (Executive Body) of Lino Lakes, Minnesota on July 00, 2001 . (Name of Lead or Single Jurisdiction) (Date) SIGNED: WITNESSETH: (Signature) (Signature) City Auditor City Clerk (Title) (Title) (Date) (Date) 2002 Minnesota Safe & Sober Office of Traffic Safety, Department of Public Safety Attachment 3 2002 Safe & Sober Grant Application, Mimiesota Department of Public Safety, Office of Traffic Safety for the Following Agency(ies): Lino Lakes Police Dept., Anoka County Sheriff's Dept., Anoka Police Dept., Centennial Lakes Police Dept., Coon Rapids Police Dept., Ramsey Police Dept., Spring Lake Park Police Dept., St. Francis Police Dept. LEAD AGENCY INFORMATION -' e-mail address: bharnmes105@hotrail.com . Lino Lakes Police Department Agency Name Sgt. Bill Hammes Project Director 1 (Typed Rank & Name) P.O. Box 640 Town Center Parkway Street Address (needed in addition to P.O. Box) � f y Project Director's Signature Telephone: 651- 982 -2305 City: Lino Lakes Zip: 55014 Fax: 651- 982 -2399 Lead or single agency applicants must fill in one of the following numbers. Ask your auditor or treasurer or city clerk. Federal Employer ID Number: 41111111 Or Minnesota Tax ID Number: 10.16 Chief David J. Pecchia Fiscal Officer 2 (Typed name & job title) 7;i 41:‘,Z---- (Ze-e414 Fiscal Officer Signature Resolution Status: ❑ Attached riK In Progress 3 (Date: August, 2001 ) Please make every effort to complete the e-mail address box. A home e-mail address of the project director is fine if one isn't available at work. Providing an e-mail address will help OTS communicate with you and will be appreciated. Complete the reverse side if more than one agency is involved. Copy the reverse side if needed for more agencies. 1 The person responsible for over -all management of the project (i.e., scheduling, media, reporting to OTS). 2 The person responsible for keeping financial records for the project (cannot be the same as the project director). 3 If in progress, give date scheduled for consideration by board or council. 11'R,El INE} ��U e-mail address: D.T.Anderson @ci.Anoka.MN.US e -mail address: Capt. D. Tom Anderson Agency Contact' (T ed Rank & Name) Anoka County Sheriffs Department Agency Name Sgt. Shelly Kazimer Agency Contact' (Typed Rank & Name) P.O. Box 1530 Bunker Lake Blvd. NW Street Address (needed in addition to P.O. Box) - ' --- - -, Agency Contact's Signature ,---' Telephone: 763 - 754 -4529 City: Andover Zip: 55304 Fax: 763 - 754 -4520 Resolution Status: ❑ Attached Fib In Progress 2 (Date: August, 2001 ) 11'R,El INE} ��U e-mail address: D.T.Anderson @ci.Anoka.MN.US Anoka Police Department Agency Name Capt. D. Tom Anderson Agency Contact' (T ed Rank & Name) I-, P.O. Box 2015 1St Ave. N. Street Address (needed in addition to P.O. Box) ,.., ' ���.✓.t�,,�� - - Agency Contact s'Signatu e" Telephone: 763 -576 -2832 City: Anoka Zip: 55303 Fax: 763 - 422 -2092 Resolution Status: ❑ Attached (X In Progress 2 (Date: AP ) 1 The person in each partner agency responsible for such things as scheduling and reporting to lead- agency project director. 2 If in progress, give date scheduled for consideration by board or council. e-mail address: Centennial Lakes Police Department Agency Name Corporal Michael A. Jensen Agency Contact' (Wed Rank & Name) P.O. Box 200 Civic Heights Drive Street Address (needed in addition to P.O. Box) ivj Agency Contact's Signature Telephone: 763 - 784 -2501 City: Circle Pines Zip: 55014 Fax: 763 - 784 -0082 Resolution Status: ❑ Attached (I In Progress 2 (Date: August, 2001 ) 1 The person in each partner agency responsible for such things as scheduling and reporting to lead- agency project director. 2 If in progress, give date scheduled for consideration by board or council. Attachment 3 PARTNER AGENCY e-mail address: jwav(cisamsev.mn.us.coin "" e-mail address: URQUHART@ CI. Coon- Rapids, T.US INFORMATION Coon Rapids Police Department Agency Name Sgt. Jon Urquhart Agency Contact' (Typed Rank & Name) P.O. Box 11155 Robinson Drive Street Address (needed in addition to P.O. Box) 9 J Agency Contact's Signature .,/ Telephone: 763 - 767 -6487 City: Coon Rapids Zip: 55433 Fax: 763 -767 -6435 Resolution Status: ❑ Attached g] In Progress 2 (Date: August, 2001 ) PARTNER AGENCY INFORMATION" e-mail address: jwav(cisamsev.mn.us.coin Spring Lake Park Police Department Agency Name Ramsey Police Department Agency Name Sgt. Jim Way Agency Contact' (Typed Rank,& Name) 1301 81st Avenue Street Address (needed in addition to P.O. Box) ' P.O. Box 15153 Nowthen Blvd. Street Address (needed in addition to P.O. Box) Ag ncy Contact's Signature City: Spring Lake Park Telephone: 763- 427 -6812 Fax: 763 - 784 -3638 City: Ramsey Zip: 55303 Fax: 763 - 427 -2361 Resolution Status: ❑ Attached Progress 2 (Date: August, 2001 ) In PARTNER AGENCY INFORMATION. e-mail address: SLPPDMBonesteel(�7i,USWEST Spring Lake Park Police Department Agency Name Officer Mark Bonesteel Agency Contact' (Typed Rank & Name) P.O. Box 1301 81st Avenue Street Address (needed in addition to P.O. Box) 4 --1 . .0 • .:" Agency Contact's Signature Telephone: 763- 792 -7200 City: Spring Lake Park Zip: 55432 Fax: 763 - 784 -3638 Resolution Status: ❑ Attached [if In Progress 2 (Date: August, 2001 ) 1 The person responsible for over -all management of the project (i.e., scheduling, media, reporting to OTS). 2 The person responsible for keeping financial records for the project (cannot be the same as the project director). 3 If in progress, give date scheduled for consideration by board or council. - e -mail address: JPRowe@Juno.com St. Francis Police Department Agency Name Officer John Rowe Agency Contact' (Typed Rank & Name) P.O. Box 3740 Bridge Street NW Street Address (needed in addition to P.O. Box) (Z.,., Agency Contact's Signature Telephone: 763 - 753 -1264 City: St. Francis Zip: 55070 Fax: 763 - 753 -2619 Resolution Status: ❑ Attached IN In Progress 2 (Date: August, 2001 ) I A T AGENCY, IN QR , T e-mail address: Agency Name Agency Contact' (Typed Rank & Name) P.O. Box Street Address (needed in addition to P.O. Box) Agency Contact's Signature Telephone City Zip Fax Resolution Status: ❑ Attached ❑ In Progress 2 (Date: ) 1 The person in each partner agency responsible for such things as scheduling and reporting to lead- agency project director. 2 If in progress, give date scheduled for consideration by board or council. e-mail address: Agency Name Agency Contact' (Typed Rank & Name) P.O. Box Street Address (needed in addition to P.O. Box) Agency Contact's Signature Telephone City Zip Fax Resolution Status: ❑ Attached ❑ In Progress 2 (Date: ) 1 The person in each partner agency responsible for such things as scheduling and reporting to lead- agency project director. 2 If in progress, give date scheduled for consideration by board or council. Y 1 4 4 } t } SAF & +�y5� � <-,. ....• _ .,.. v -9�b s� '., OI 4F V2°I3 1C AG�ll i ,E � .,. k �¢ *Jft'a. � z. 3a x -'v < s.d `3 �.'33, s(4... a� :k ,... �`4'Ae -�.$ �;, ? r%, Lino Lakes Police Department Lead Agency Name Anoka County Sheriff's Department — Anoka Police Department Centennial Lakes Police Dept. — Coon Rapids Police Dept. Ramsey Police Dept. — Spring Lake Park Police Dept. St. Francis Police Dept. Partner Agency(ies) Name(s) 206,512 3. Strive to increase seat belt use, as shown 1, 2002. Full -Time: 199 Part-Time: 1 • Number of Officers in Agency(ies) Total Population Served by Agency(ies) Name of city or county used for seat belt & (See grids: attachment 1, for crash rates) Alcohol - related Crashes By VMT: alcohol rates): state average state average Anoka County (See grids: attachment 1, for crash rates) Non -use of Seat Belts in Crashes By VMT: ■ higher than state average or ❑ lower than ■ higher than state average or ❑ lower than state average By Population: By Population: ❑ higher than state average or ►1 lower than ❑ higher than state average or lower than state average Applicant in one of 20 most dangerous counties? (see grids: Attachment 1, paragraph 2) ►1 Yes ❑ No Instructions: Considering the number of enhanced enforcement hours you intend to work, fill in the objectives below for which are able to find the data. See Section VII, Part A of the RFPJor more information on objectives. 1. Realizing Safe & Sober is a grant dedicated to reducing deaths and injuries caused by traffic crashes by increasing seat belt and child seat use and decreasing impaired driving, the agency commits to enhanced enforcement and public and media relations outreach following the Safe & Sober calendar provided. 2. Strive to increase DWI arrests by 15 percent (from 1684 to 1938 ) by October 1, 2002. 3. Strive to increase seat belt use, as shown 1, 2002. by informal surveys, by 5 percent (from 75 percent to 80 percent) by October 4. Strive to increase child seat citations written by 20 percent (from 59 to 71 ) by October 1, 2002. 5. Strive to increase seat belt citations /warnings written by 30 percent (from 1599 to 2079 ) by October 1, 2002. 6. Strive to increase speeding citations written by 10 percent (from 7988 to 8788 ) by October 1, 2002. 7. Strive to increase "not a drop" citations written by 10 percent (from 394 to 434 ) by October 1, 2002. 8. Strive to increase minor consumption arrests by 10 percent (from 586 to 646 ) by October 1, 2002. DWI arrests. ❑ All arrests. ❑ All citations and arrests. 9. Track and report disposition of ►1 10. Reduce the number of traffic- related complaints by 10 percent (from 2179 to 1961 ) by October 1, 2002 11. Reduce the number of people injured in traffic crashes by 10 percent (from 1122 to 1010 ) by October 1, 2002. 2002 Safe & Sober Basic Agreement, page 1 of 3 PLT`ClT`11QTT,)j Instructions: You must complete this entire section. If all Safe & Sober funded hours are within S &S wave windows, put a 0 in 14 and NA in 15. 12. The total estimated number of Safe & Sober patrol hours to be worked during the year is 908 . 13. The estimated number of additional patrol per enforcement period. (NOTE: Each hours during each of the six Safe & Sober enforcement windows will be 135 . wave must have roughly the same number of Safe & Sober hours worked) 14. The total number of additional patrol hours 15. Outside window hours divided by Total estimated to be outside of the Safe & Sober enforcement windows will be 100 . hours (#15 / #12) equals : 11 % . PLT`ClT`11QTT,)j F" Instructions: This section is a brief survey of the number of media outlets available to you Fill in the number of each type in the boxes that apply; leave blank only f there are none in your area. 7 Weekly Newspapers 2 Daily Newspapers 6 School Newspapers 1 Radio Stations `• 5 Commercial TV Stations 8 Cable TV Stations 0 Company Newsletters 14 City /Organizational 4 Newsletters You are required to distribute news releases to all media outlets (including to the editors or staff counselors of high school and college papers) and to conduct other public information and media relations activities. See page 7 of the RFP. 2002 Safe & Sober Basic Agreement, page 2 of 3 Instruction: #17 through 20 should each have two numbers in the space provided — for example, 3 (10) if three officers need and ten officers have had the course. For first year grants, Advanced CPS the RFP SFST is not required and neither first nor second year grants are required to have a practitioner: put NA in the space if that training is not required OTS will send details of September 5`" and 6`h workshop at a later date. Attendance is required by one person from each lead agency. People from partner agencies are welcome but not required to attend See the page 9 for conference cost information. 17. The number of officers who will need (or have had) Standardized Field Sobriety Testing is: 46 ( 139 ). 18. The number of officers who will need (or have had) Occupant Protection Usage and Enforcement is: 79 ( 106 ). 19. The number of officers who will need (or have had) Advanced SFST is: 90 ( 95 ). 20. The number of agency staff who will need to become (or are) certified Child Passenger Safety Technicians: ( 7 ) 21. The people who would like to attend the Safe & Sober conference on September 5th and 6thare: (include rank or job title, name, and agency for each person): Sgt. Bill Hammes — Lino Lakes Police Dept. / Sgt. Shelly Kazimer — Anoka County Sheriff's Dept. Sgt. Jon Urquhart — Coon Rapids Police Dept. / Sgt. Jim Way — Ramsey Police Dept. Officer Mark Bonesteel — Spring Lake Park Police Dept. / St. Francis Police Dept. — S. Jeff Harapat 4 Corporal Mike Jensen — Centennial Lakes Police Dept. / Anoka Police Dept. (Officer to be determined yet) 2002 Safe & Sober Basic Agreement, page 2 of 3 • Instructions: You must fill in # 25. (Note: if the population you serve is less than 20,000 you must use at least three sites per survey; if the population you serve is greater than or equal to 20,000 you must use at least five sites per survey. See page 7 of the RFP for survey information.) 22. A plan on a form provided (Thanksgiving and December by the OTS for an upcoming Safe & Sober wave will be submitted by November 12, 2001 waves 1 & 2); February 4, 2002 (Valentines wave 3); May 17, 2002 (Memorial Day wave 4); June 24, 2002 (Independence Day wave 5); and August 31, 2002 (September wave 6) and prior to the use of any overtime hours outside of the Safe & Sober enforcement periods. Both enforcement schedules and public and media relations efforts to be undertaken will be included in the plans. 23. A progress report for June 14, 2002 (wave 4), each Safe & Sober wave will be submitted by January 4, 2002 (waves 1 &2), March 1, 2002 (wave 3), July 19, 2002 (wave 5) and September 27, 2002 (wave 6) on forms provided by the OTS. Progress reports will include information on citations and warnings for specific offenses as well as public information and media relations activities conducted. 24. A final report on the entire year's activities on a form provided by OTS will be submitted no later than October 14, 2002. 25. Informal seat belt use 17 — 23, June 3 — 9, August surveys will be conducted during the weeks of November 12 — 25, November 26 — December 2, May 31 — September 6, and September 15 -- 21. A set is defined as counts of shoulder belt use and non -use of drivers and year. Results will be front seat passenger conducted at 8 sites. Site locations shall remain constant throughout the submitted to OTS in the appropriate reports. 26. Invoices will be submitted July 5th (wave 4 including no less frequently than the following schedule: January 22nd (waves 1 &2), March 18th (wave 3), final costs incurred through June 30th and no costs after that date), August 16th (wave 5 including no costs incurred after July 15t), and September 30th (wave 6 again with no costs after July 1st). The OTS is required to separate all grant costs into different state fiscal years, so we must have you separate out all costs incurred before July 1st from all costs incurred after that date. THIS IS AN IMPORTANT CHANGE FROM PREVIOUS YEARS. • 2002 Safe & Sober Basic Agreement, page 3 of 3 Instructions: Fill in the boxes with the number that will be available for Safe & Sober use. Leave blank if the answer is none. You are not required to have every piece of equipment. Squad Cars: 75 Radar Units: 82 Laser speed units: 3 _ Digital PBTs : 38 Pass/Warn/Fail PBTs: 18 Speed display trailers: 4 In- squad- video: 8 Intoxilyzers: 7 Mobile data/display terminals: 82 2002 Safe & Sober Basic Agreement, page 3 of 3 Instructions: Fill in both of the following; leave blank if the answer is none. This is for our information only — you are not required to have these personnel on staff. Drug Recognition Experts: 4 Intoxilyzer Operators:: 88 2002 Safe & Sober Basic Agreement, page 3 of 3 • • • 2002 SAFE & SOBER PROJECT PROPOSED BUDGET Lead Applicant Agency: Lino Lakes Police Department See RFP page 4 for a discussion of budgeting. Proposed Federal Budget only federal grant monies in this block) Federal Sae 1k � t 6 's''i � � %a k S � k R, � �" Cp Soler Budget ri �. � 5, ra, � �%. 3 �'� £ Y� U�b� 5 � 13R S' +• � � ii : Z ��� %'C �'x e ff 'nq�C1'4EE4g�8 ' �k�6`( i F E p d .. yy� 6 . 3F4Fa�}x.[int i1,t4�j4'f��+nLrR(��iyd. eral>.anlp�}���� d Y id ed b i�ede1 3 et tot 1. Overtime Enforcement Hours Budget $38,700.00 90% 2. Discretionary Budget $ 4,300.00 10% Federal Budget Total $43,000.00 100% Note: Federally paid overt ime enforcement hours must equal at least 85% of the total federal budget. Oxx allithe following budget :foians, "Federal share" 'refers :16 the amount of money you are seeking iri Safe &. ober grant fu icl*p.nd "Agency sJiare "Trrefers to, the- cost commitment by your agency or private sources to which you °Have access :The columni':`` otal cast" refers ta:the Bum: of the 'federal share and the agency. share Part l:OVERTIME* ENFORCEMENT HOURS PatrolrEducation $37.71 $4.90 908+ $70,700.00 $3 8,700.00 Training**** $25.14 $3.27 1124 $28,257.36 0 $32,000.00 $28,257.36 Total overtime $98,957.36 $38,700.00 $60,257.36 *Rank or seniority -- groupings of officers with similar salaries. * *Attach explanation if not overtime rate. ** *Fringe rate on overtime hours is usually around 13 %. See page 5 of RFP for more on an acceptable fringe rate. * ** *Total cost of training will be at straight pay as much as possible. (Soft match) +Does not include # of hrs. paid by individual agencies from their own traffic safety monies. PART 2: DISCRETIONARY BUDGET Administration 0 $13,974.68 $13,974.68 Equipment 0 0 0 Operating $5,482.05 $5,482.05 Travel $1,300.00 $250.00 $1,550.00 Incentives $3,000.00 $245.00 $3,245.00 TOTAL $4,300.00 $19,706.73 $24,251.73 * Details required on reverse side. See RFP page 4 for a discussion of budgeting. Breakdown of Discretionary Budget See RFP page 4 for a discussion of budgeting. Clerical $16.50 $2.15 $18.65 220 $4,103.00 0 $4,103.00 Supervision $28.00 $3.64 $31.64 32 $1,012.48 0 $1,012.48 Administration/Reports Public Speaking/Info $28.00 $3.64 $31.64 250 $7,910.00 0 $7,910.00 $28.00 $3.64 $31.64 30 $ 949.20 0 $ 949.20 Total $13,974.68 $13,974.68 gUip Total * Note: Agency share for equipment must be greater than or equal to Federal share ;c- :. d xxae1 ancT ubs�ce, x t= erattn QS $ .� escri R � # is gen si? p Squad operating rate per mile* 15890 .345 $5,482.05 0 $5,482.05 ;c- :. d xxae1 ancT ubs�ce, x t= $ �� - ��; � i 3 g f <T< � d+, Sf'i � i �� I*1 me an ca la of prr ference , 9$ � # ���wi5 �� Altp ►d g �"� �„3A�'t, ��"i�•' �• �e �, � ota ost Y 'fir k. � � 4�" � S � � edera � ; � � k - � ,3 �� .are °. Beyond the Ticket— St. Cloud, MN 8 $1,792.00 0 $1,792.00 Life Savers Conference — Orlando, Florida 1 $1,550.00 $1,300.00 $ 250.00 Total $3,342.00 $1,300.00 $2,042.00 evil uan ice Pens/Pencils 2000 $0.66 $1,320.00 $1,320.00 Magnets 1000 $0.73 $ 730.00 $ 730.00 Key Chains 1000 $0.86 $ 860.00 $ 805.00 Hats 100 $1.45 $ 145.00 $ 145.00 Safe & Sober cards 1000 $0.19 $ 190.00 0 TOTAL $ $3,245.00 $3,000.00 0 0 $ 55.00 0 $190.00 $245.00 See RFP page 4 for a discussion of budgeting. Lino Lakes Police Department Problem Identification: • On our proposed 2001 grant we have three additional agencies (Anoka, Coon Rapids, & Ramsey) that have decided to join our group. With the addition of these three agencies there will be 16 cities served with a population of 206,512 residents. There are several hundred miles of roadway within our boundaries. Included in these roadways are two major freeways, I35W- I35E, and the new Hwy. 10 from Coon Rapids west to the Anoka County border. Also included are several collateral, yet significant roadways that include, Hwy. 65, 242, 610, and 47. There are several hundred miles of two lane, two way rural roads where most fatal crashes occur. Many of these two lane roads are 55 MPH zones. With this many miles of two -lane roadways, coupled with the major arteries, Anoka County continues to rank as one of the worst counties in the number of deaths and severe injury crashes. During the time period of 1996 -1998, Anoka County ranked 85th out of 87 counties for the most number of fatalities and severe injury crashes. In the year 2000 Anoka County had 23 fatalities, the 4th worst county in the state. There were 1,745. personal injury crashes which resulted in 2,612 people being injured, the 3''.worst in the state in 2000. The City of Coon Rapids experienced five fatal crashes in 2000 and 462 personal injury crashes with 685 people being injured. Lino Lakes had three fatalities and 58 personal injury crashes that resulted in 80 people being injured. Ramsey City experienced three fatal crashes and 78 personal injuries crashes that injured 124 people. The City of Anoka experienced 127 personal injury crashes that resulted in 188 people injured. Spring Lake Park had 54 personal injury crashes with 75 people injured. The Centennial Lakes Police Department reported 21 personal injury crashes in which 34 people were injured. The City of St. Francis had 19 personal injury crashes with 30 injured people. Between these eight agencies 1,684 impaired drivers were removed from our streets in 2000. 990 of these ests came from the original five agencies in our group. This is about a 15% increase from the year before. With addition of the three new agencies, we expect even better results in removing impaired drivers from the roads. Consider the number of driving complaints (2,179) received in 2000 by the eight agencies. With addition of three new agencies, this number probably will rise as we strive to get our message out about the Safe & Sober program in the new areas. The past has shown that this number should eventually decrease. Some of these 2,179 complaints come as a result of road construction and design. For example, I35W northbound is narrowed to a one- lane freeway prior to merging with 135E. Hwy. 10 reduces from four lanes to two lanes in less than one mile. This results in major traffic congestion. These types of situations result in driving complaints and road rage incidents. There is also an increase in the number of vehicles on our roadways and the number of miles traveled in Anoka County. There was a decrease in road and driving complaints in 2000 among the original five agencies from 1218 to 1056, which is about a 14% decrease in these types of complaints. 2001 Grant: In August 2000 we were awarded a Safe & Sober grant. The group continues to meet on a regular basis to discuss and plan our projects. This usually results in projects well thought out that will help reduce the number of accidents and increase the number of seat belt users. During our meetings we plan and strategize our media opportunities, educational applications and our enforcement activities. We believe part of the success of this group is due to the cooperative attitude taken by all involved. No one agency has been slighted within this group. We work as one unit during our Safe & Sober campaign. This results in •ryone involved knowing what is expected and how to achieve those results. During our current grant we have planned several joint projects to focus on an area that presents particular problems. These joint projects usually consisted of 5 -10 squads saturating an area coupled with a high media blitz informing citizens of our intent. Lino Lakes Police Department 2001 Grant continued: • We then followed up this activity with another media event telling what our results were. Some of these joint projects were very successful with excellent arrests such as taking several grams of cocaine and meth as well as guns off our streets. We have also experienced projects that were not as successful. We did find that Wave V seems to have been less successful than we hoped for. Part of this may be the result of the number of people who left town for the week and/or weekend. While we are still pulling numbers together from this wave, they are down from what our group had strived to achieve. One way this group will attempt to resolve problems with enforcement efforts will be through better planning. There will be more aggressive planning on the dates and times we schedule our events. Careful consideration will be given to those times when productivity will be high. IE: Early morning shifts, afternoon rush hours, at the beginning and at the end of a holiday season. Our group has planned several local projects within our jurisdictions that are coordinated with each other. In other words, same dates, same times, resulting in several additional squads enforcing traffic laws in Anoka County at the same time. This will continue. During Wave V KARE 11 did a short media story on this effort. While it was a short story, we believe a strong message was sent to the motoring public. We have also experienced success with the local media within our communities. Reporters have ridden with officers during projects. This results in excellent media stories relayed to the motoring public within our communities. This open invitation to ride along will continue. During several school camivals within our communities we have assigned an officer to be present and eak about the Safe & Sober program. There were officers present at the Anoka County Fair last year and flyers were distributed to explain the program. And a business card is handed to each motorist stopped by the officers working the projects. These cards briefly explain the project and why they are being stopped. It is our intent to keep these cards in the event we receive another grant. In November of 2000 our group hosted a meeting between ourselves and all the city attorneys representing our agencies. A total of 10 attorneys and six officers were present along with Bob O'Brien. The focus of this meeting was to explain the Safe & Sober program to the attorneys and why it exists. Our group wanted to make sure the attorneys knew the importance of this program and the important role they played. No one wins if traffic violations are pled away or dismissed. Every attorney made positive comments about the meeting and all expressed they would be very aggressive when prosecuting traffic violations in the future. Our group continues to explore these types of pro- active projects and there is currently discussion on holding a similar meeting for the judges within Anoka County. Public Education/Media Relations: ••• School carnivals ❖ Anoka County Fair • Crime watch newsletters and City newsletters ••• Cable TV interviews ❖ Local Newspapers ❖ Neighborhood block parties ❖ Shopping malls National Night Out ❖ Drug & alcohol awareness presentations at schools ❖ Reporters riding with officers Lino Lakes Police Department Public Education/Media Relations continued: • Each of these listed events is some of the type of tools used to get the message out to the motoring public. We have found the local media is very willing to work with the departments and always put a positive spin on their articles of the Safe & Sober program. We have had good success with the local cable TV stations that are very willing to assist in running presentations on the local channels. This coverage will expand with the addition of the three agencies. Articles will go out to every high school in our communities explaining what and why we are involved in this traffic safety program. Special emphasis will be placed in the school newspapers during the Youth/Belt wave. High school students will be invited to ride along with officers working Safe & Sober projects in an attempt to get students to understand the importance of buckling up and staying alcohol /drug free. The current Safe & Sober group has received strong support from our city councils and county board in this effort to save lives. Councils have publicly stated the importance of traffic safety within their communities. There will also be an effort placed on asking local clubs (VFW's, Legions, etc.) to assist with the placement of Safe & Sober materials within their establishments and donations to help defer the costs of the Safe & Sober business cards. Pens, key chains, and magnets along with Safe & Sober material will be handed out at the Anoka County Fair and school carnivals in an effort to promote Safe & Sober driving. Projects: Theeight agencies will meet prior to and after each wave. We will discuss the most productive times to edule shifts that will produce the highest results for that particular wave. During the Impaired Driving wave ese shifts will be centered around those times when the impaired driver is likely to be on the road. (IE: 22:00 — 03:00) Seat Belt waves will focus on day light hours and those times when the highest number of motorist are driving on our streets. This will allow officers to visually see which drivers and passengers are complying with our seat belt laws. Officers will be encourage to stop motorist for any moving violation when the motorist is not wearing their seat belts. Shifts will be four hours long for most if not all the hours worked. It is believed that four -hour shifts produce the best results. Officers seem to stay better focused on the effort they are trying to accomplish when assigned to the four -hour shift. There will be a minimum of eight joint projects in the upcoming grant with the media encouraged to ride along with officers. And of course projects will be assigned to those dates set forth by the state on when we will work. The highest producers of our group will be awarded an incentive with the Safe & Sober logo. Some of these incentives may include hats, pens, coffee mugs, etc. The project director will write letters to the highest producers from each agency commending them on their performance. Officers who sign up to work the Safe & Sober projects will be encouraged to produce by the manager from each agency. • • Attachment 2 All agencies which have received funding for a Safe & Sober overtime patrol grant in the past must complete this report. This does not include agencies which used a Challenge award for overtime patrols. REPORT ON SEAT BELT AND CHILD SEAT CITATIONS AND WARNINGS DURING PREVIOUS SAFE & SOBER YEARS There is no easier, cheaper, more effective way to save lives and prevent injuries than to increase seat belt and child seat use rates. When evaluating applications for Safe & Sober 2002, the OTS will again consider your performance in comparison to other grantees for the rate of vehicle stops per hour, the rate of stops that resulted in a citation or written warning for violation of the seat belt or child seat laws, and the rate of stops resulting in a citation rather than a warning. This report is meant to help you to make your case that your agency does need a Safe & Sober grant and is committed to enforcing the passenger protection laws. Please note: "Everyone is buckled up" only tells us your agency doesn't need a Safe & Sober grant as badly as all those other places where everyone isn't buckled up. Each year OTS is able to approve about half of the requests for funding — it is our responsibility to do everything we can to ensure our grants go to those communities who need them most and can use them best. For each past year in which you received an overtime patrol Safe & Sober grant, fill in the percentage of contacts which resulted in an action for failing to comply with the seat belt or child seat law. The results by lead agency for 1996, 1997, 1998, 1999, 2000, and 2001 are attached. For more current 2001 data, call your OTS coordinator (the attached data for 2001 does not include reports on the Youth wave or later). In evaluating how well your agency has done, we will consider significant improvement and the answers to the questions as well as absolute percentages. Year Your Contacts Related to Passenger Protection All Agencies Average Contacts Related to Passenger Protection 1996 % 20.09% 1997 % 19.0% 1998 % 18.4% 1999 % 20.7% 2000 r i .— % 27.6% 2001 ;, % C: , 1'7 22.8% (reports through Valentines only) If you believe your agency did its part to enforce the passenger protection laws but your rate was adversely affected by the poor performance of a partner agency, report your agency's results in contrast to your partner agency's (or agencies) results below: Turn this page over to complete the report. Restraint Use Enforcement Report for 2002 Safe & Sober Page 1 of 2 • If the report on the opposite side indicates you did not meet the average seat belt or child seat rates of other agencies, tell us what you will do differently in 2002: Lino Lakes Police Department So far our group has fallen short on the number of seat belt citations issued. At the time of this report we were at 17.8 %, which is lower than the average of 22.8 %. While this number does fall short it does not include the last wave, which was seat belts. It is our belief that when the final count for Wave V comes in, we will still be short, but there should be an increase from 17.8 %. Our group has discussed this and some feel it was due to the number of people who left town during this wave. The initial contacts and citations were high and then tapered off after the traffic reduced. We have discussed ways to be more productive and one of those is to schedule more squads during the beginning and the end of a holiday weekend or week. As project director I will continue writing letters to top producers from each agency after each wave. We will also continue to reward good work with an incentive, such as pens, coffee mugs, etc. We will also place a special emphasis on "buckling up" during the Anoka County Fair. This is a time when several thousand people will attend the county fair and we need to capitalize on this event within our community. Our group will try harder. We can do better and we will. Department managers involved in the grant will stress the importance of seat belt enforcement to their officers. Is there anything else would you like the OTS to consider regarding your agencies ability to increase seat belt use and enforcement in your area? Restraint Use Enforcement Report for 2002 Safe & Sober Page 2 of 2 • • AGENDA ITEM 5D STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police July 23, 2001 National Night Out, August 7, 2001 Simple Majority DATE TOPIC VOTES REQUIRED: BACKGROUND NATIONAL NIGHT OUT WAS DESIGNED TO HEIGHTEN CRIME AND DRUG PREVENTION AWARENESS, GENERATE SUPPORT AND PARTICIPATION IN LOCAL ANTICRIME EFFORTS, STRENGTHEN NEIGHBORHOOD SPIRIT AND POLICE - COMMUNITY RELATIONS AND SEND A MESSAGE TO CRIMINALS LETTING THEM KNOW THEIR NEIGHBORHOODS ARE ORGANIZED AND FIGHTING BACK. RESIDENTS LOCK THEIR DOORS, TURN ON THEIR OUTSIDE LIGHTS FROM 7:00 PM TO 10:00 PM AND GET TOGETHER WITH THEIR NEIGHBORS. NATIONAL NIGHT OUT IS FOR ALL NEIGHBORHOODS AND BUSINESSES IN LINO LAKES, NOT JUST ESTABLISHED NEIGHBORHOOD WATCH GROUPS. STAFF IS REQUESTING THAT COUNCIL ACKNOWLEDGE AND READ THE ATTACHED PROCLAMATION IN OUR SUPPORT OF DESIGNATING AUGUST 7, 2001 AS NATIONAL NIGHT OUT IN THE CITY OF LINO LAKES. OPTIONS 1. MOTION TO APPROVE 2. MOTION TO DENY RECOMMENDATION OPTION 1 - APPROVE SUPPORT OF NATIONAL NIGHT OUT • PROCLAMATION NATIONAL NIGHT OUT 2001 WHEREAS, the National Association of Town Watch (NATW) is once again sponsoring a unique, nationwide crime and drug prevention program on August 7, 2001 called "National Night Out "; and WHEREAS, the "18th Annual National Night Out" provides a unique opportunity for Lino Lakes to join forces with thousands of other communities across the country in promoting cooperative, police- community crime and drug prevention efforts; and WHEREAS, the City of Lino Lakes plays a vital role in assisting the Lino Lakes Police Department through joint crime and drug prevention efforts in Lino Lakes and is supporting "National Night Out 2001" locally; and WHEREAS, it is essential that all citizens of Lino Lakes be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Lino Lakes; and WHEREAS, police- community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE I, MAYOR BERGESON, do hereby call upon all citizens of Lino Lakes to join the Lino Lakes City Council and the National Association of Town Watch in supporting "18th Annual National Night Out" on August 7, 2001. FURTHER, LET IT BE RESOLVED THAT I, MAYOR BERGESON, do hereby proclaim Tuesday, August 7, 2001 as "National Night Out" in Lino Lakes. John Bergeson, Mayor Jean Viger, Deputy Clerk • • AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: July 23, 2001 TOPIC: FIRST READING, Ordinance 15 -01, An Ordinance Amending Section 802 of the Lino Lakes City Code Concerning Parking Restrictions VOTE REQUIRED: Simple Majority (3/5) BACKGROUND: The Public Services and Public Safety Departments are recommending to the City Council to amend Section 802 of the City Code pertaining to "parking." The proposed ordinance prohibits parking of vehicles on a city street between the hours of 2:00 am — 6:00 am, from November 1 — April 1. Parking is also prohibited when 2 or more inches of snow has accumulated until the street has been plowed. Residences without an established driveway, to include new construction, are exempt from winter parking restrictions. The impetus for the proposed ordinance is due to the impact "snowbirds" have on the plowing operations of the Public Services Department. A typical accumulation of 2 " -3" takes the Public Services personnel approximately nine hours to clear the all roads, dead ends, parking lots, and cul -de -sacs. Snowbirds prolong this process since Public Services personnel need to back track to re -plow the snowbird areas. The Public Safety Department supports the proposed ordinance for various reasons including Tess exposure to possible theft from vehicles and hit and run incidents, as well as better emergency vehicle access. Temporary exemptions may be granted in advance by contacting a police officer from the Lino Lakes Police Department. If the proposed ordinance is approved, staff will communicate the winter parking restrictions to residents by including an article in the fall and winter city newsletters, submitting an article to the Quad, and placing the new ordinance information on cable. OPTIONS: 1. Approve Ordinance 15 -01. 2. Do not approve Ordinance 15 -01. 3. Return to staff for further review. RECOMMENDATION: • Option 1 7/18/01 RD /Corr /Council /greensheet/no parking ordinance • Ordinance No 15 -01 An ordinance amending the Lino Lakes Code by Amending Section 802 Concerning Parking Restrictions The City Council of the City of Lino Lakes ordains: Section 1. Section 802 of the Lino Lakes City Code is amended to read as follows: 802 Parking 802.1 No person shall temporarily stop or park a motor vehicle on any street when directed to proceed by a police officer, reserve police officer or firefighter while in the performance of official duties. 802.2 No vehicle shall be parked on any street, boulevard, public right -of -way or other public property for the purpose of displaying it for sale. No person shall park or allow to be parked more than one vehicle on private property for the purpose of displaying it for sale. The parking of multiple vehicles for sale is only permitted on the property of a business licensed to sell vehicles. III 802.3 No owner of a motor vehicle, trailer, boat, snowmobile, or seasonal vehicle shall leave, park, or permit the same to stand on a city street between the hours of 2:00 a.m. and 6:00 a.m. between 1 November and 1 April of the following year, or at any other time when the National Weather Service forecast accumulation is two (2) or more inches of snow until the street or alley has been plowed. Residences without an established driveway, to include new construction, are exempt from winter parking restrictions. At no time shall a vehicle be parked in a manner that interferes with the necessary maintenance of the road including but not limited to snow removal, street sweeping or seal coating. This section shall not apply to emergency vehicles in the performance of official duty nor public utility vehicles while providing service to the residents of Lino Lakes. Temporary exemptions from this section may be granted in advance by contacting a police officer from the Lino Lakes Police Department. 802.4 The presence of any vehicle in violation of sections 802.1, 802.2 or 802.3 is prima facie evidence that the registered owner of the vehicle committed or authorized the commission of the violation. 802.5 A representative of the Lino lakes Police Department is authorized to have a vehicle in violation of any or all sections 802.1, 802.2 or 802.3 towed to an impound lot. Section 2 This ordinance shall be effective on October 1, 2001 following its passage and publication. 0 ADOPTED this day of , 2001, by the City Council of the City of Lino Lakes, Minnesota. John Bergeson, Mayor Jean Viger, Deputy Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • STAFF ORIGINATOR: COUNCIL MEETING DATE: July 23, 2001 AGENDA ITEM NO. Rick DeGardner, Public Services Director TOPIC: Consideration of Resolution 01 -97, Accepting Donations from Circle -Lex Lions Club and Centennial Fire District Vote Required: Simple Majority BACKGROUND: The Lino Lakes Parks and Recreation Department was approached last fall by the Centennial Youth Tackle Football Organization to find ways to improve their football program. After several meetings it was decided that the Lino Lakes Parks and Recreation Department could administer this football program more efficiently. In order to provide equipment for each team, staff contacted several organizations in the community requesting donations. The Lino Lakes Parks and Recreation Department received $500 from the Circle -Lex Lions Club and $1000 from the Centennial Fire District. OPTIONS: 1. Accept donations from the Circle -Lex Lions Club and Centennial Fire District. 2. Return donations from the Circle -Lex Lions Club and Centennial Fire District. RECOMMENDATION: Option 1. sw /rick/Circle -Lex Lions and Centennial Fire District Green Sheet Football Donations.doc • • • Council Member adoption. introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 01 -97 A RESOLUTION ACCEPTING DONATIONS FROM CIRCLE -LEX LIONS CLUB AND CENTENNIAL FIRE DISTRICT WHEREAS, the Circle -Lex Lions Club and Centennial Fire District supports the Lino Lakes Parks and Recreation Department and, WHEREAS, the Lino Lakes Parks and Recreation Department is administering the football program; and WHEREAS, the Circle -Lex Lions Club and Centennial Fire District have expressed their desire to assist the city in providing equipment to the teams in this program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, the Council accepts the $500 donation from the Circle -Lex Lions Club and the $1000 donation from the Centennial Fire District to help purchase team equipment for this newly formed Lino Lakes Park and Recreation Department Football Program. Adopted by the Lino Lakes City Council this 23rd day of July, 2001. John Bergeson, Mayor Jean Viger, Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: July 23, 2001 TOPIC: Resolution 01 -108 Approving Variance To Allow Accessory Building Closer To Front Lot Line Than Principal Buildin Sai Lee, 8075 20 Ave. No. ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Sai Lee has applied for a variance from the prohibition on building an accessory building closer to the front lot line than the principal building. This report is based on a 1999 Certificate of Survey of the property by E. G. Rud & Sons, Inc. and a hand drawing showing the approximate location of the proposed accessory building. Both were receive 6/6/01. The City's zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage (Section 3 Subd. 4.D.1.c.). ANALYSIS Mr. Lee wants to build an accessory building near the existing house but closer to the road than the house. The existing house is in the south central part of the property. The septic system is to the southwest, behind the house. The aerial photo indicates a low- lying, wet area to the north of the house and another, larger wet area to the east. A large area of the western part of the property is in a drainage easement. A larger portion of the western part of the lot is covered by a right of way easement for the electric transmission lines. The transmission easement is 200 feet wide. There may be upland available to build the storage building behind the house. However, creating a driveway to get to it would require impacting the wet areas to the north and east of the house. The drainfield prevents a driveway running on the south of the house. These physical constraints limit the location where a structure could be built. Findings for Variance In considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: • • • 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The low- lying, wet area to the north of the house limits the location of a driveway to serve the area behind the house where there might be upland to build a storage building on. The area behind the house is also limited by the transmission line easement, even if a driveway could be built to serve it. Conditions of Approval Staff recommends approving the variance application with the following condition: 1. A building permit must be obtained, which will require that the building meets the size and other requirements of the zoning ordinance and building code. PLANNING & ZONING BOARD ACTION The P & Z considered this application on July 11 and recommended approval with the above condition. OPTIONS 1. Approve Resolution 01 -108 approving the variance based on physical constraints described in the report. 2. Deny the variance application. 3. Return to staff with direction. RECOMMENDATION Option 1 S 01 -108 Council Member introduced the following resolution and moved its adoption. • CITY OF LINO LAKES RESOLUTION NO. 01-108 RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL BUILDING AT 8075 20TH AVENUE NORTH WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: Lot 1, Block 1, Van Elsberg Estates, Anoka County, Minnesota and WHEREAS, Section 3 Subd. 4.D.1.c. of the Lino Lakes zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage ", and WHEREAS, the applicant desires to construct an accessory building closer to the front lot line than the existing house, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing drainfield and need for a secondary drainfield area prevents the accessory building from being built to the southwest of the house. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The location of the low, wet area prevents an accessory building from being built north of the house the low- lying, wet area to the limits the location of a driveway to serve the area behind the house where there might be upland to build a storage building on. 3. The hardship is not due to economic considerations alone. This application is not driven by reluctance to spend extra money to avoid the need for a variance. 4. Granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The physical features of the site create the hardship. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. The landowner's intent to use the new building for storage use fits with the purpose of the Rural zoning district. • • • NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct an accessory structure closer to the front lot line than the principal building, in the general location indicated on the attached drawing received by the City on June 6, 2001. BE IT FURTHER RESOLVED that the following condition of approval applies: 1. A building permit must be obtained before construction of the accessory building begins. Adopted by the Lino Lakes City Council this day of , 2001 John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. 0 0 a..Jws0c TIER LAKE N }v H ARM) )ELTIER LAKE • SUBDIVISION NUMBER 47 3 REVISED OTT OF UNO LIKES OF CENTEFLLE 0 0 U Z O CERTIFICATE W r 1n 2 - 3.91,00. tON , q^r z .00'0911 1 -:33N3.1 3tlW 0'10 ; 1 \ I '1 \ 2' ♦ / �` \ / \ \I 4y♦ q'b)r 4 e4 CA /?'f% 617 , /sot a4-74,-e /z4r/e LZ ON H Old 31V1S ------------------- .°3 51 .££,6L.11 •• S4'S££ - 1 3.f0.00.90N.,6•T* O \ ` i ♦ \ 1 - -a \ 1 1 \ ." 1 1 1 r' �\ f 1 1 1 1 `stsQsi \ 100 FS 1 .£S131> 3.,£S,ZO.SON 1- W In 04 N `i in 10 47 10 0 0 c c i c 0 U 00 a N O w rn i■ Ow 1- c Et. V 0 w O 1 Y m La W O et 75 E 3 O • Z ig • property line • • Property line ail' # 4Jacio.Jd RECEIVED JUN 0 6 2001 CITY OF LINO LAKES • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: ACTION REQUESTED: BACKGROUND AGENDA ITEM 7 B Jeff Smyser July 23, 2001 Second Reading: Ordinance 14 -01 Rezoning Land From LI to PSP For New School Site Reconsider and Revise Resolution 01 -93 Approving Minor Subdivision Centennial School District (ISD 12) 4/5 Vote on Second Reading of Ordinance 14 -01 3/5 Vote on Resolution 01 -107 (Minor Subdivision) On July 9 the City Council approved the first reading of Ordinance 14 -01 rezoning property for the Centennial School District. The District intends to build a new elementary school on the site. Also on July 9, the City Council approved the minor subdivision which created the lot on which the new school is to be built. This was done with Resolution 01 -93. The staff report included several conditions of approval, and the City Council attached the conditions to both the rezoning ordinance and the lot split resolution. Those conditions were: 1. The elementary school site is combined with the middle school site to create a single lot. 2. The applicant pursue a conditional use permit and submit detailed development plans for the site. The site plan should illustrate how the plan will be integrated with the middle school. 3. Wetland replacement plans will be required and subject to the review and approval of Rice Creek Watershed. 4. Vacation of the west half of 4th Street through the proposed site will be required. 5. Appropriate easements must be established over all existing utilities and along side and rear lot lines. • • Rezoning: Staff has been working toward eliminating the practice of attaching conditions of approval to a rezoning. Recall the process: the second reading of the ordinance occurs, the rezoning ordinance is published, then the rezoning becomes effective after 30 days. Once the ordinance is effective, the property is rezoned. It is impossible to enforce any conditions of approval after that. Conditions attached to a rezoning mean that the conditions must be fulfilled before the City can actually rezone the property. That is, before the City approves the second reading, or before the ordinance is published, the conditions should already be fulfilled. It is staff's view that if there are unresolved issues for a rezoning, the rezoning should not be approved. In the case of the School District rezoning, the City has no outstanding issues with the rezoning itself. Therefore, the rezoning should proceed. Minor Subdivision: As to a minor subdivision, attaching conditions means that there are things that must be done before the City signs off on the subdivision. In the case of the School District subdivision, the City wants the utility easements added to the survey so they are recorded with the property. The City also wants the lot combined with the existing school property so it is all one parcel. These two things apply to the subdivision itself: the breaking off of a piece of property from a larger piece, and the recording of it. The other conditions refer to the site plan review, conditional use permit, wetland impacts, and vacation of the road. All these things can and should be addressed as part of the typical site plan and CUP review. A site plan and CUP review are necessary before a school is built anyway. There is no need to hold up the lot split to wait for the site plan to be submitted. Current Situation: As it stands now after the July 9 approval actions, the site plan and CUP, including wetland review and road vacation, would have to be completed before the lot split occurs and before the rezoning can go into effect. Staff does not believe it is necessary to hold up the lot split, rezoning, and land transaction. A site plan review and CUP review is necessary under the normal zoning ordinance requirements. Staff is recommending approval of the second reading of the rezoning ordinance without any conditions attached. We also are recommending that the City Council agree to reconsider the resolution that was adopted on July 9. This will require a vote of the Council to reconsider it. Then, we are recommending that the City Council adopt the revised Resolution 01 -93 • (attached), which has only two conditions of approval. • OPTIONS 1. Approve the second reading of Ordinance 14 -01 with no conditions attached to the rezoning ordinance. 2. Reconsider Resolution 01 -93 that was approved July 9, 2001. 3. Approve amended Resolution 01 -93 approving the minor subdivision with the conditions listed in the resolution. 4. Return to staff with direction. RECOMMENDATION Options 1, 2, and 3 • • 14 -01 Council Member introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 14- 01 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM LI, LIGHT INDUSTRIAL TO PSP, PUBLIC -SEMI PUBLIC The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd. 1.E. of the Lino Lakes zoning ordinance: 1. Rezoning this site from LI, Light Industrial District to PSP, Public -Semi Public District is consistent with policies and provisions of the City's Comprehensive Plan. • 2. The Existing Land Use Map indicates that the subject property is adjacent to the middle school and property zoned for Industrial use. The parcel is separated from the industrial land by a storm water pond and wetland area. • 3. This application meets the standards for rezoning outlined in the City Code. However, prior to actual construction of the proposed facility, the applicant must receive approval of a site plan and CUP in compliance with all applicable performance standards and combine this lot with that of the middle school. 4. Rezoning this site will not overburden the City's service capacity. 5. Rezoning this site from LI, Limited Industrial District to PSP, Public -Semi Public District will not have an adverse effect on traffic at the site. Section 2. 13, 2001. A public hearing was held before the Planning & Zoning Board on June Section 3. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from LI, Light Industrial District to PSP, Public -semi Public District, the following described real estate: see attached legal description • Section 4. As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 5. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2001. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. • • k/13.3— fr /l3N j JOGU/7 /SD3_. •() O m O (f) p 1 /� Vi ▪ O �` O 0 Or G — 7 q C J 3 h ■ • 1 O .0 m � Z Z 41" in ' (/)s,. ij\ /` 6r) 4_0 O 0. h Q ct h H \ CL 3N \ m m 0 ct \ li ..e ,41... 0 \ O ... ti In 1,441e/tgeri " -0 In \ 03 ©rds-lasi ce \ r5 IZI • /q-e7/ N -- ieg..i G s ci7 f.41/m yI \ err° , aPp7 / /J,fc \\ lo �,, L. m m� sz o o � i O _ . v, .0 - L Q No � 000 -0 -o 3,.v C b o b mm V LZ m�''"yp0 oO ooeN, m� C4- +.. cc -0010 3 ..Cpb2Om m o 0 m� ^Z .0co C --V b, j0 � ) 0'4- m'C yt\ P) IN U` V -- ^� 3 Q, y p m•� 0 � O c 0o b b S 1.1) sr') w$C b H u.2 11)0E O . .Cb .�o ' w h p b �El 6.. 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CITY OF LINO LAKES RESOLUTION NO. 01-93 RESOLUTION APPROVING A MINOR SUBDIVISION IN THE SW 14 OF SECTION 17 FOR THE CENTENNIAL SCHOOL DISTRICT • WHEREAS, the City has received an application for minor subdivision for the proposed school site; and WHEREAS, A public hearing was held before the Planning & Zoning Board on June 13, 2001; and WHEREAS, Ordinance 14 -01 rezones the subject site to PSP, Public -Semi Public; and WHEREAS, the proposed minor subdivision meets the requirements of the City's zoning ordinance and subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the minor subdivision for the Centennial School District, subject to the following conditions: 1. The elementary school site is combined with the middle school site to create a single lot. 2. A revised survey shall be submitted showing appropriate easements established over all existing utilities and along side and rear lot lines. Passed by the Lino Lakes City Council this day of 2001. ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor 1111 The motion for adoption of the foregoing resolution was duly seconded by • • • Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. LINO MITIONEEMIN OUTLOT AIR PARK NORTH p -11111111111111111 El n MMICIPLIXI 111 FramilMEMMOr AZI 111111:11111NS. "471E11111 • A*riAtkr*1 WA* Air_ _ Baia cr74* /Emma rdsual wan Mrs , LI 1 IMEnt i5 agra Em-N offillactican - • am ZEI•11 CM an 1111h&ha GEORGE 3 n'artlw4.9 Earttif.&.&-, fpt iij'b AMEIEL:a3 mr AINUL10911L1 Uli4 3 leadle-tagn am14.1=0 ItliaZEME1 u•WilIMECIZEDGME smtimmimo I litiaticric Nina mm-zz,zzom =MI on iirree BEI 1116EIR2, mum roclafibc5164e±k. aw.--neptiouou MEM ME= t Aria' 14U moms lEalagia MM. MEM f, 111%11111 row MEM ; NENE fA, ' lf MIR 16,g1). -EmEl D-411,11, LO 19 • 1, 146113ri. 10 19 IS 13 It la IS • 10 ali* EL ,11 1i • IR IMO, RICE LAKE RESHANAU LAKE • I hi hill] I 1 6(F 1J1YlA010010S IN WAdoW V321V 431014 AlM3N NO S-N 100HDS A21V1N3W313 1VINN31N3D M3N 31-11 +�¢ x t it 1 [� 3.**, 15.00N 00'96! \\ \\ I \ \\ \\ \ \ \\ \\ \ \ ■ \\ \\ io rr9 00717 4 roirr i 3.»,15.00N '4 3.", IV.00N W 4 '. .; '-1 .� 9 • • AGENDA ITEM 7C (REVISED) STAFF ORIGINATOR: Jeff Smyser Michael Grochala CITY COUNCIL MEETING DATE: July 23, 2001 TOPIC: Resolution No. 01 -98 Lino Lakes Marketplace Environmental Assessment Worksheet (EAW) Review ACTION REQUESTED: 3/5 Vote on Negative Declaration Resolution BACKGROUND The purpose of the Environmental Assessment Worksheet (EAW) is to determine whether an Environmental Impact Statement (EIS) is needed for a project. The EAW is defined by state statute as a "brief document, which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed action." The purpose of the EAW process is to disclose information about potential environmental impacts of the project; it is not an approval process. The information disclosed in the EAW process has two functions: 1) to determine whether an EIS is needed, and 2) to indicate how the project can be modified to lessen its environmental impacts; such modifications may be imposed as permit conditions by regulatory agencies. The Environmental Quality Board rules assign responsibility for preparing the EAW and determining the need for an EIS to a specific unit of government. The Responsible Governmental Unit (RGU) is generally the unit with the greatest responsibility for approving or supervising the project as a whole. The City of Lino Lakes is the RGU for the Marketplace project. The RGU (city council) is required to make a decision on the need for an EIS between three working days and thirty (30) days after the comment period ends. The comment period for the Marketplace project ended on July 11, 2001. The purpose of the EAW, comments and comment responses is to provide the record on which the RGU can base a decision about whether an EIS needs to be prepared for a project. EIS need is described in the rules: "An EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects, the RGU "shall compare the impacts that may reasonably be expected to occur from the Lino Lakes Marketplace EAW Page 2 • project with the criteria in this rule," considering the following factors (part 4410.1700, subparts 6 and 7) ": 1. Type, extent, and reversibility of environmental effects. This deals with the nature and significance of the environmental effects that will or could result from the project. It relies directly on the EAW information and may be augmented by information from the comments and responses. 2. Cumulative potential effects of related or anticipated future projects. The second criterion is difficult to apply in practice often because little is known about other potential projects unless they are also under review at the same time. Cumulative impacts are discussed in Item 29 of the EAW. 3. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. This is frequently the main justification for why an EIS is not required. Projects often have impacts that could be significant if not for permit conditions and other aspects of public regulatory authority. • 4. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer including other Environmental Impact Statements. This criterion enters in only where the same information that would be sought in an EIS already is available through past studies, including other impact statements. The RGU is obligated to examine the facts, consider the criteria and draw its own conclusions about the significance of potential environmental effects based on the EAW, comments received and responses to the comments. The RGU may postpone its decision on the need for an EIS for upto 30 additional calendar days if it determines that "information necessary to a reasoned decision about the potential for, or significance of, one or more possible environmental impacts is lacking, but could be reasonably obtained" (part 4410.1700, subpart 2a). ANALYSIS Staff has reviewed the comments received during the thirty day review period. The comments and responses are included in Attachment 1. They have been revised to incorporate the following Environmental Board Comments. • Lino Lakes Marketplace EAW Page 3 • ENVIRONMENTAL BOARD REVIEW The Lino Lakes Environmental Board met on July 18, 2001 to discuss the Marketplace Environmental Assessment Worksheet (EAW), regulatory agency comments and the City's response to those comments. The Environmental Board requested that the following modifications be made to the city responses: 1. Response to the MPCA Stormwater Volume Comment: Indicate that the volume of runoff from "this site" is not significant given the ponding requirements, rate control, and infiltration provisions being incorporated into the project design. This modification should also be incorporated into similar responses to the Metropolitan Council and Environmental Board. 2. Response to Metropolitan Council Adjacent Land Use Comment: Delete the last paragraph ( "The City notes... ") of this response. 3. Response to Environmental Board Comments: Include additional paragraph stating that the City will require that Best Management Practices are included in the development's Operation and Maintenance Agreement to minimize proposed phosphorous runoff loads. 4. Finding No. 5 of Resolution No. 01 -98: Modify language to note that • environmental effects are subject to mitigation by ongoing regulatory authorities. The Environmental Board did take specific action regarding the EAW as follows: 1. Recommend tabling the decision until the submission of additional information (i.e., RCWD and U.S. Army Corp of Engineers). 2. Metropolitan Council states analysis of impacts of water runoff from the site must be completed before an EIS determination can be made. 3. Metropolitan Council recommends applicants try to reduce runoff volume to predevelopment conditions. 4. Environmental Board to review and comment following the submission of additional information. OPTIONS 1. Motion making a Negative Declaration on the Need for an Environmental Impact Statement. 2. Motion making a Positive Declaration on the Need for an Environmental Impact Statement. 3. Motion to recommend tabling the decision until the submission of additional information. • Lino Lakes Marketplace EAW Page 4 . RECOMMENDATION Staff is recommending Option No. 1. based on the following: 1. that potential environmental impacts associated with the proposed Marketplace Development shall be mitigated in an acceptable manner and therefore an Environmental Impact Statement is not necessary. 2. Mitigation of potential environmental impacts shall be achieved by the following means: • • a. Conditions of approval of the Preliminary Plat/Planned Development Overlay Site Plan; and b. Permit conditions or other actions of various public regulatory authorities including, but not limited to the City of Lino Lakes, Rice Creek Watershed District, and the MPCA. ATTACHMENTS 1. Resolution No. 01 -98 2. EAW Comments and Responses. 0 01 -98 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-98 RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE LINO LAKES MARKETPLACE PROJECT BASED ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the City of Lino Lakes has received a proposal for a commercial development called Lino Lakes Marketplace, and; WHEREAS, Minnesota Rules 4410.4300 Subp. 14.B. requires the preparation of an Environmental Assessment Worksheet (EAW) for the project, and; WHEREAS, the Lino Lakes City Council makes the following specific findings of fact: • 1. The City of Lino Lakes is the responsible governmental unit for the EAW. 2. An EAW was prepared and distributed according to the requirements of MN Rules 4410. 3. The public comment period ended July 11, 2001. 4. The City has reviewed comments on the EAW from the Minnesota Historical Society, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Transportation, the Metropolitan Council, and the Lino Lakes Environmental Board. The City has prepared responses to these comments. 5. The City has considered comments on the EAW and the extent to which environmental effects are subject to mitigation by ongoing public regulatory authority indicates that this project does not have the potential for significant environmental effects. • 6. In considering the type, extent, and reversibility of environmental effects, there will be no significant environmental effects from the project. 7. The project involves no related developments, connected actions, or phased actions as defined by MN Rules 4410. 8. Future development near the project site has been considered and is not anticipated to cause significant environmental effects. Responses to Comments On Lino Lakes Marketplace EAW page 1 of 11 • • • 9. Impacts on wetlands will be analyzed, minimized, and regulated through the permitting process conducted according to the Wetland Conservation Act, as implemented by the Rice Creek Watershed District, and the Clean Water Act, as implemented by the U.S. Army Corps of Engineers and the Minnesota Pollution Control Agency. 10. The City Council must make either a positive or negative declaration on the need for an Environmental Impact Statement (EIS). NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a negative declaration regarding the need for an EIS, meaning that an EIS is not needed. Adopted by the Lino Lakes City Council this day of , 2001 John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. Responses to Comments On Lino Lakes Marketplace EAW page 2 of 11 • • SUMMARY OF COMMENTS ON EAW LINO LAKES MARKETPLACE PROJECT July 18, 2001 This document summarizes comments received by the indicated agencies. Responses to the comments follow each comment. The complete comment letters can be found attached to this summary. Minnesota Historical Society, State Historic Preservation Office • SHPO notes that the response to question 25a of the EAW fails to indicate that the archaeological survey of the parcel identified one site that was determined not to meet National Register criteria. City response: The EAW states that a previously recorded prehistoric archaeological site is located in the project area, and that the site was evaluated to determine whether it meets National Register criteria. The EAW did not specifically state that the site did not meet the criteria. The clarification from SHPO is noted and included in the record. Minnesota Pollution Control Agency • MPCA notes that the project will not exceed state ambient standards for CO and thus no significant air quality impacts are expected. • MPCA notes that the list of approvals and permits in item 8 of the EAW should include a Clean Water Act Section 401 Water Quality Certification from the MPCA. City response: This addition is noted and added to the record. • MPCA notes that storm water management basins shall not be considered as wetland compensatory mitigation; that existing wetlands altered by excavation or construction to function as storm water basins should be counted as adversely impacted; and that, as stated in the EAW, an evaluation for avoidance of impacts must be conducted. If impact is unavoidable, compensatory mitigation must occur. City response: The Rice Creek Watershed District (RCWD) is the Local Governmental Unit under the Minnesota Wetlands Conservation Act. The project applicant has submitted a sequencing analysis and mitigation plan to the RCWD. The City of Lino Lakes relies on the RCWD for administration of the requirements of the Wetlands Conservation Act. The City will require that RCWD approval is obtained as a condition of City approval of the project. Responses to Comments On Lino Lakes Marketplace EAW page 3 of 11 • • • • MPCA also notes that the discussion of avoidance alternatives is somewhat confusing, and that "investment- backed expectations" and "visibility from I -35W" are not appropriate criteria for a decision on an EAW. City response: The City agrees that investment - backed expectations of the applicant and visibility from the freeway are not issues to be considered in making a decision on the adequacy of an EAW or on the need for an EIS. • MPCA also recommends that the developer look for every chance possible to infiltrate storm water, and states that the major threat to the adjacent wetland and lakes is the increased volume of storm water from the project. City response: The project applicant has attempted to incorporate infiltration basins into the drainage design of the project. The Rice Creek Watershed District is the local surface water planning authority. The RCWD standards includes using infiltration when possible. The project will require a permit from RCWD. Increased runoff volume from development is a watershed -wide issue. Impacts are not limited to this project. Nor can the impacts of runoff from this project be considered to be significant, given the immense area that makes up the watershed that drains to the chain of lakes in the park reserve. The City does not consider the runoff from this project to be a major threat. The City has intended that the site be developed for extensive retail use and has planned and zoned it for such uses for many years. The site is within a larger City Center planning area intended for the development of a central business district, or "downtown." The project site is the best location in the City for extensive retail development such as the proposed project. The City recognizes that wetlands will be impacted on site, but does not consider this impact to be a threat to the regional park reserve. It is unlikely that the volume of runoff from the site will impact the vast acreage of lakes and wetland systems in the 2600 acre park reserve. especially with the size of the watershed draining into the chain of lakes. Also, site runoff will be collected and treated by stormwater ponding, runoff rates will not increase, and infiltration basins are incorporated into site design. The City also notes that the site is not actually "adjacent" to any lakes. The site is separated from the regional park reserve by the I -35W right of way, which is 260 feet wide. George Watch Lake, within the park reserve, is over 1000 feet from the freeway right of way, with wetlands in between. Responses to Comments On Lino Lakes Marketplace EAW page 4 of 11 • Minnesota Department of Natural Resources • • DNR expresses concern over the impacts on wetlands, stating that filling wetlands for a parking lot raises questions about the appropriateness of the site for the project as defined. DNR notes that Wetland A, at the edge of the site, is a logical candidate for avoidance, and that there must be an alternative design scenario. DNR also notes that the EAW states that the fill is necessary due to the central location of the wetland in the most visible area of freeway frontage. DNR questions how this meets wetland sequencing requirements under the Wetland Conservation Act. City response: The City has intended that the site be developed for extensive retail use and has planned and zoned it for such uses for many years. The site is within a larger City Center planning area intended for the development of a central business district, or "downtown." The project site is the best location in the City for extensive retail development such as the proposed project. The City recognizes that wetlands will be impacted on the site, and recognizes the need to comply with the Wetlands Conservation Act, including sequencing and mitigation requirements. The Rice Creek Watershed District (RCWD) is the Local Governmental Unit under the Minnesota Wetlands Conservation Act. The project applicant has submitted a sequencing analysis and mitigation plan to the RCWD. The City of Lino Lakes relies on the RCWD for administration of the requirements of the Wetlands Conservation Act. The City will require that RCWD approval is obtained as a condition of City approval of the project. • DNR also states that even though Wetland B is not directly impacted, changing water levels in the stormwater pond (Wetland A) is likely to influence groundwater levels in Wetland B. City response: The area covered by Wetland B is much greater than that covered by Wetland A —five to seven times greater. It is unlikely that water levels in Wetland A will influence Wetland B. • DNR recommends that trees that are removed should be used for commercial forest products and not just piled and burned. City response: The City will convey this suggestion to the developer. • DNR also states that the tree preservation plan Exhibit K does not provide sufficient readable information to be able to determine the proposed tree preservation plans. DNR notes that if the City does not have tree mitigation/replacement guidelines, then it is difficult for the project proposer to know whether they have met the goals and objectives of the City. Responses to Comments On Lino Lakes Marketplace EAW page 5 of 11 • • • City response: The project proposer has submitted a tree replacement plan. The City finds the submitted plan satisfactory given that the site has for years been planned for intense retail development.. Minnesota Department of Transportation • MnDOT comments that the runoff rate must remain the same, that the developer must submit hydraulic computations for the 10- and 100 -year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. A MnDOT drainage permit may be required. City response: The project proposer has submitted these hydraulic calculations to meet City submittal requirements. The project proposer will be responsible for submitting them directly to MnDOT. • MnDOT also comments that the Village ingress is located too close to the I35W northbound entrance ramp. City response: The Village is the area located on the south side of the freeway. The Village is not part of the project. The traffic study referred to in the EAW and attached as an exhibit analyzes traffic along Lake Drive including the Village and up to Main St. Metropolitan Council • Met Council states that a sanitary sewer extension permit is required for this project. City response: It is the City's understanding that the sewer extension permit is issued by the Minnesota Pollution Control Agency, and that the Met Council must sign off on the permit before MPCA issues it. At any rate, this clarification/addition is noted and added to the record. • Met Council states that the Rice Creek Chain of Lakes Regional Park is located directly across I35W and should be noted on page 8 as an adjacent land use. City response: Item 9 (page 8) of the EAW addresses land uses adjacent to the project site. The item includes one sentence describing the Village, "where the City is working to create a city center of mixed uses, including City Hall and other public uses as well as private housing and commercial uses." Since this description of the Village is included in the item, it would be appropriate to list the regional park reserve as well since the park reserve abuts the Village on the south of the freeway. It is not the City's intention to ignore or minimize the existence of the park reserve, a very important resource that the City values highly. The park reserve is described in items 11 and 25. Responses to Comments On Lino Lakes Marketplace EAW page 6 of 11 • • • • Met Council notes that page 10 of the EAW indicates the presence of burr oak trees on the site but that the tree survey (Exhibit J) indicates only white an read oaks on the site. City response: white oak. The City's Environmental Specialist notes that a Burr oak is a type of • Met Council also notes that the City's tree ordinance does not require tree mitigation or replacement and thus is of little use to the community. Met Council goes on to recommend that the City incorporate protection and reforestation components in the ordinance. Met Council staff feels the project applicant could do much more to remediate the loss of trees from the site. City response: Tree replacement on development sites is part of a larger effort to address tree preservation, open space, and landscaping, including the planting and management of native species. The City has recognized the need to address these elements. The project proposer has submitted a tree replacement plan. The City finds the submitted plan satisfactory given that the site has for years been planned for intense retail development. • Met Council states that its concerns about the proposed development impacts on the Regional Park include: 1. The potential to degrade water quality do to a large amount of hard surface proposed in the development that will prevent a significant amount local infiltration. (28.7 acres of hard surface of the 40.15 acres site total) 2. The large amount of hard surface will likely elevate the temperature of the storm water runoff temperatures due to the sun heating the extensive roofs and parking lots of the development. This increase in runoff water temperature could negatively impact the park wetlands and the corresponding bird and wildlife populations. City response: The site currently is undeveloped land which includes wetland, wooded areas, and grassland. Any development that includes impervious surface will, by definition, reduce infiltration. As noted above in the response to the MPCA, the project applicant has attempted to incorporate infiltration basins into the drainage design of the project. The Rice Creek Watershed District is the local surface water planning authority. The RCWD standards includes using infiltration when possible. The project will require a permit from RCWD. Increased runoff volume from development is a watershed -wide issue. Impacts are not limited to this project. It is unlikely that the volume of runoff from the site will impact the vast acreage of lakes and wetland systems in the 2600 acre park reserve. Nor can the impacts of runoff from this project be considered to be significant, given the immense area that makes Responses to Comments On Lino Lakes Marketplace EAW page 7 of 11 Sup the watershed that drains to the chain of lakes in the park reserve. This applies equally to the statement about the water temperature of the runoff. The City does not consider the runoff from this project to be a major threat. • 3. The Wetland Conservation Act requires avoidance as the first step of compliance. This plan is proposing to fill 3.64 acres. Replacement wetlands typically have significantly less diversity than natural wetlands and therefore have significantly less natural resource value. The proposed wetland area to be filled was directly part of the wetland complex in the regional park. It has been severed by the construction of Interstate 35W but it likely still functions in conjunction with the regional park through subsurface waters and well as plant and wildlife interaction on the surface. (4.88 acres of wetland reduced to 1.24 acres) Is there a hardship that merits the filling of 3.64 acres of wetland, cutting down 1.64 acres of forest with a proposed removal of 474 significant trees adjacent to a regional park? Also the removal of 32.3 acres of Brush/grass land and creating 2.82 acres of sterile storm ponds that will have virtually no natural resource value. (Pages 9 and 10). City response: Wetland impacts are governed under the Wetland Conservation Act by the Rice Creek Watershed District. The project will require a permit from the RCWD as well as from the U. S. Army Corps of Engineers under the Clean Water Act. 4. The loss of a significant amount of trees adjacent to the park will result in a loss of habitat for birds and wildlife that use this area in addition to the park area. City response: A sense of scale is necessary in considering this comment as well as comments regarding runoff. The site is 40+ acres of land guided and zoned for intense commercial development. The regional park reserve is over 2600 acres. The loss of about two acres of woodland must be compared to the larger picture. • Met Council states that from a parks and open space perspective, the wetland and tree covered property on the east side of the property should be left undisturbed and the development concentrated on the western portion of the property. The remaining natural areas should be restored to a higher quality native vegetation state. The upland forest oaks that are 24" to 30" should be preserved. Why is the city asking for removal of 21 significant cottonwood and aspen? Is this an attempt to manage the forest type? City response: From a larger urban planning perspective, areas of the City are guided for specific land uses. The project site is planned for intense commercial development. Other areas of the City and the regional park reserve are planned for parks and open space. Open space is considered in reviewing all development projects, but open space is not the only consideration. Nor is open space appropriate on every development project. As to parks, the City has a comprehensive park plan that guides park planning. Responses to Comments On Lino Lakes Marketplace EAW page 8 of 11 • • Met Council states that a site evaluation should be done by a professional ecologist for rare and endangered species. • • City response: A natural resource inventory analysis of the site was conducted in 1998 -99 by a consultant hired by the City. The study revealed no rare or endangered species. In addition, as described in the EAW, the Minnesota Dept. of Natural Resources Natural Heritage Database includes no record of rare or endangered species on the site. • Met Council states that there is some question of the rationale for proposing to fill a wetland so that there is better visibility from the freeway frontage. The avoidance argument (page 15) is not very compelling as there seems to be significant ability to develop the site to the west. City response: The Rice Creek Watershed District (RCWD) is the Local Governmental Unit under the Minnesota Wetlands Conservation Act. The project applicant has submitted a sequencing analysis and mitigation plan to the RCWD. The City of Lino Lakes relies on the RCWD for administration of the requirements of the Wetlands Conservation Act. The City will require that RCWD approval is obtained as a condition of City approval of the project. • Met Council states that any wetland mitigation (page 16) within the regional park would have to be a part of the existing master plan or a master plan update that would require approval by the Council. There should be at least an equal amount of public parkland purchased to replace the areas being used for wetland mitigation for this private development. Funding should also be provided for on going maintenance and monitoring of the "created" wetlands. City response: City staff discussed this comment with John VonDeLinde, Director of Anoka County Parks and Recreation. Anoka Parks has anticipated the improvements to the park proposed as part of the wetland mitigation plan for the Lino Lakes Marketplace project. The wetland mitigation provides an opportunity to fulfill the Anoka Parks plans. Implementation of the wetland creation projects is intended to further park master plan goals in several ways. The wetlands to be created near the campgrounds will enhance biodiversity and provide an opportunity for public interpretation on natural resources and wildlife related to wetlands. There is currently no such opportunity at the campgrounds. The wetlands on the golf course will add biodiversity and enhance the recreation goals of the park. Thus, the wetland mitigation plans are consistent with the park master plan goals. Anoka Parks would not have expressed interest in the arrangement if it did not promote park goals. Responses to Comments On Lino Lakes Marketplace EAW page 9 of 11 • • Met Council states that the flood plain of George Watch Lake in the Regional Park should be avoided instead of being filled. City response: The EAW states that 90 cubic yards of floodplain fill is proposed on the site. Review and approval by the Rice Creek Watershed District will be required. Floodplain fill will require the creation of compensatory storage. The City will include the RCWD permit as a condition of approval for the project. • Met Council states that Council staff is concerned that the applicant has not determined the effects of projected increased volume of stormwater discharge on the Rice Creek Regional Park Reserve wetlands and George Watch Lake. Increased water levels in the park may significantly alter shoreline plant ecology and habitat. Due to the potential for significant alteration to plant communities in a regional park reserve, it is our opinion that an analysis of water level changes in the park reserve due to increased runoff from the site must be completed before an EIS determination can be made. City response: The watershed that drains into the chain of lakes encompasses a very large area, perhaps as much as 100 square miles. As noted in several comments above, increased runoff volume from development is a watershed -wide issue. Impacts are not limited to this project. It is unlikely that the volume of runoff from the site will impact the vast acreage of lakes and wetland systems in the 2600 acre park reserve. Nor can the impacts of runoff from this project be considered to be significant, given the immense area that makes up the watershed that drains to the chain of lakes in the park reserve. • Met Council is concerned about the potential for plugging of the two small diameter outlet pipes of the large detention basin. City response: The City shares this concern. The City is requiring redesign of the outlet to include a larger diameter pipe. Lino Lakes Environmental Board • At its meeting June 27, 2001, the Board recommended an analysis of impacts on wetlands and lakes from increased runoff volume and the increase of phosphorous runoff loads. City response: As noted in several comments, the size of the project and the amount of runoff from it is insignificant compared to the watershed that drains into the chain of lakes. Any analysis of runoff impacts would need to address the larger watershed. This issue and the larger watershed is beyond the jurisdiction of the City of Lino Lakes. The RCWD is the jurisdictional unit with authority for watershed planning. The City has a surface water management plan that must be consistent with the watershed management plan prepared by the Rice Creek Watershed District. Responses to Comments On Lino Lakes Marketplace EAW page 10 of 11 • • The City will require that the project proposer incorporate best management practices into the operation and maintenance agreement for the development, such as regular sweeping of parking lots and drives to reduce phosphorous in runoff. Actual comment letters are attached. Responses to Comments On Lino Lakes Marketplace EAW page 11 of 11 • July 6, 2001 Minnesota Pollution Control Agency Mr. Jeff Smyser, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 RE: Environmental Assessment Worksheet (EAW) — Lino Lakes Marketplace Dear Mr. Smyser: RECEIVED JUL 0 9 2001 CITY OF LJNO LAKES Thank you for the opportunity to comment on the EAW for the proposed project by Ryan Companies, for the construction of a retail center at the intersection of Highway 35W and Lake Drive in Lino Lakes (city). The proposed project would include a Super Target Retail Store, Kohl's Retail Store, and other retail land uses for a total of 326,400 square feet on a 40 -acre parcel. The Minnesota Pollution Control Agency, (MPCA) staff has reviewed the EAW for this project. The staff has provided the following comments for your consideration and response in determining the need for an Environmental Impact Statement (EIS). Traffic and Air Quality Analysis An Indirect Source (ISP) permit is not required for the project since the ISP program has ended effective July 1, 2001. The project proposer, however, must still ensure that carbon monoxide (CO) standards are not violated. A detailed traffic impact analysis was conducted for the proposed project and included as an appendix to the EAW. The traffic analysis identified and evaluated traffic impacts associated with the proposed. The traffic analysis report recommended installation of several traffic signals and other roadway improvements including road widening in order to improve traffic flow within the vicinity of the project. The EAW also conducted a detailed air quality analysis to assess CO emissions generated by traffic from the proposed project by estimating CO concentrations at sensitive receptor sites at congested traffic areas near the project site. The results of the analysis showed that CO concentrations are well below the state ambient standards. Therefore, no significant air quality impacts are expected from the proposed project. You may contact Innocent Eyoh at (651)- 296 -7739, if you have any questions about the above comments. Wetlands Wetland filling and excavation are a part of this project. If the filling is conducted as non - exempt and in jurisdictional wetlands, then Item 8 must indicate that the following approvals and permits are required regarding the wetland fill: a Clean Water Act Section 401 Water Quality Certification from the MPCA. It should be noted that the creation of storm water management basins shall not be considered as wetland compensatory mitigation. Also, any existing wetlands that are altered by excavation or other construction to function as storm water retention basins should be counted as being adversely impacted. As noted in the EAW, an evaluation for avoidance of that impact must be conducted. If the proposed construction impact is considered unavoidable, then compensatory wetland mitigation may be required to offset that impact. Questions regarding wetland requirements may be directed to Larry Zdon at (651) 297 -8219. 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar, www.pca.state.mn.us Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. • Mr. Jeff Smyser Page Two The avoidance alternatives discussion on pages 15 and 16 of the EAW is somewhat confusing. It is not clear whether the purpose of the discussion is to show compliance with Wetland Conservation Act requirements or with EAW process requirements. An EAW is an environmental information document to be used by the city, other units of government and interested parties to assess the potential for significant environmental effects. The "investment- backed expectations of the applicant" or "visibility [of the store] from I -35W" do not appear to be appropriate criteria for a decision on an EAW. If, however, an EIS were ordered on the proposed project, then an evaluation including economic impacts could be considered. Storm Water Runoff As noted in Item 8, this project would require the application for and issuance of a National Pollutant Discharge Elimination System General Storm Water Permit for Construction Activity. Projects that create more than one acre of new impervious surface require permanent wet sedimentation pond(s). In addition to complying with watershed and National Urban Runoff Program criteria, the pond must comply with MICA permit requirements. We strongly recommend that the developer /engineer look for every chance possible to infiltrate storm water. The major threat to the adjacent wetlands and lakes is the increased volume of storm water that will occur after this project is completed. Questions regarding the MPCA's storm water program requirements may be directed to Keith Cherryholmes at (651) 296 -6945. Thank you for the opportunity to review this project. This comment letter addresses matters of concern to MPCA staff reviewing the EAW and is submitted for consideration by the city of Lino Lakes, the responsible governmental unit, in deciding whether an EIS should be prepared on the project. It does not constitute approval by the MPCA of any or all elements of the project for the purpose of pending or future permit action(s) by the MPCA. We have attempted to identify and consult with interested program staff to identify the MPCA permits that may be required. Additional comments or requests for information may be submitted in the future to address specific issues related to the development of such permit(s). Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permit conditions. As required by Minn. R. 4410.1700, we look forward to receiving written responses to our comments on the EAW and a record of the decision on the need for an EIS. If you have other questions conceming our review of this EAW, please contact me at (651) 296 -6703. Sincerely, -Eru.a '(-fit, Barbara Conti Planner Principal Operations and Planning Section Metro District BC:sjs cc: Thomas Palmquist, Ryan Companies Gregg Downing, Environmental Quality Board • Keith Cherryholmes, MPCA, MD /CAP Larry Zdon, MPCA, MD /CAP Innocent Eyoh, PP /CAP • • July 11, 2001 Minnesota Department of Natural Resources Mr. Jeff Smyser, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 500 Lafayette Road S. Paul. Minnesota 55155 -4{) [BY FACSIMILE] (Hard copy to follow' RE: Lino Lakes Marketplace Environmental Assessment Worksheet (EAW) Dear Mr. Smyser: The Department of Natural Resources (DNR) has reviewed the EAW for the proposed Lino Lakes Market-place retail center, located in the City of Lino Lakes, Anoka County. This project involves a commercial retail center of approximately 327,000 square feet along with parking lots and a storm water pond, to be constructed on 40 acres of undeveloped land. We offer the following comments for your consideration. Li Item 12 of the EAW there is a discussion of the wetlands on the project site and proposed impacts to wetlands. We note that the wetlands referred to as Wetland Basin A and Wetland Basin B are not DNR protected waters or wetland basins. The DNR is concerned by the proposed elimination of wetlands and the significant loss of the forested wetland habitats of these two wetland basins. These wooded areas are excellent examples of sites that can easily be avoided by changing the building placement. For Wetland Basin A, the EAW states that the proposed fill is necessary due in part to the large footprint of the development being proposed. The proposed impact to this wetland by fill for a parking lot raises questions about the appropriateness of the site for the project as defined. Wetlands, such as Wetland Basin A, Located at the very edge of a proposed project, are logical candidate for avoidance. The project proposer appears to be trying to maximize the development of the site at the expense of both the wetland and upland communities on the eastern edge of the site. The wooded habitat wetland will be eliminated by the filling of one part of the wetland and the use of the remainder for storm water storage. There must be an alternative development scenario that would be both economically and environmentally sound. It does not appear that the project proposer has considered a full slate of reasonable design options. The DNR recommends that the City of Lino Lakes and the project proposer work together to redesign this project to avoid the impacts to the eastern portion of the site. DNR Information: 651- 296 -6157 • 1- 888 -646 -6367 • TTY: 651- 296 -5484 • 1- 800 -657 -3929 An Equal Opportunity Employer Who Values Diversity 'r0 Printed on Recycle Paper Containing a •M Minimum of to% Poet- Consumer Waste /I 1 • • • Mr. J. Smyser July 10, 2001 Page 2 This item in the EAW also states that the proposed fill for the parking lot is necessary due to the "central location of the subject wetland in the most visible area of freeway frontage." It is uncertain how this justification meets the impact sequencing requirements of the Wetland Conservation Act. Regarding the proposed impacts to Wetland Basin B, the EAW states that impacts to Wetland Basin B have been totally avoidcd. While Wetland B may not be proposed to be filled or dredged, the trees are still likely to be impacted by the development. While the proposed project will not directly impact Wetland B, the close proximity of that wetland to the storm water storage pond is likely to influence groundwater levels in the wetland. The changing water levels can reduce the health of the existing trees and make them more susceptible to insect and disease attack. These effects will develop slowly and will become apparent several years after the project is complete. Similar comments about the impacts of this project on wetland basins have been provided to the Rice Creek Watershed District as part of the DNR comments on the Wetland Conservation Act (WCA) Replacement Plan application. The DNR also recommends that the trees removed should be used for commercial forest products and not just piled and burned. DNR Metro Utilization Forester Jean Mouelle, can be contacted at 651- 772 -7567 for additional information. Exhibit 1( in the EAW contains the proposed tree preservation plan. However, this exhibit does not provide sufficient readable information to be able to determine the proposed tree preservation plans. The exact plans are not well described. Landscaping a site with trees does not replace the habitat values lost when the original forested area is removed. If the City of Lino Lakes does not have tree mitigation /replacement guidelines, then it is difficult for the project proposer to know whether they have met the goals and objectives of the city. Thank you for the opportunity to review this project and the EAW. We look forward to receiving your record of decision and responses to comments at the conclusion of environmental review. Minnesota Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days of your decision on this action. • • Mr. J. Smyser July 10, 2001 Page 3 If you have questions about this letter, please contact Charlotte Cohn of my staff at (651) 296- 4790. Thomas W. Balcom, Superviso• Environmental'Review Sectio4 Office of Management and Budget Services c: Kathleen Wallace Steve Colvin Wayne Barstad Sarah Hoffman Joe Oschwald Peggy Sand Jon Larsen, EQB Thomas Palmquist, Ryan Companies, US Inc. # 20010181 -0002 LIDIO LAKES MARKETPLACE EAW.DOC • • July 11, 2001 Jeff Smyser, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 RE: EAW for Lino Lakes Marketplace Metropolitan Council District 9 (Natalie Haas Steffen, 763 - 753 -4298) Metropolitan Council Referral File No. 18553 -1 Dear Mr. Smyser: Metropolitan Council staff reviewed the environmental assessment worksheet (EAW) on the Lino Lakes Marketplace to determine its adequacy and accuracy in addressing regional concerns. The review • concludes that the EAW is incomplete and consequently the Council is unable to determine whether there may be issues of consistency with Council policies and whether an Environmental Impact Statement (EIS) may be necessary for regional purposes. Item 8 — Permits and Approvals Required A Metropolitan Council sanitary sewer extension permit is required for this project. Item 9 — Land Use Rice Creek Chain of Lake Regional Park is located directly across Interstate 35. This should be noted on page 8 as an adjacent land use. Item 10 — Cover Types and Item 11: Fish, Wildlife, and Ecologically Sensitive Resources The proposed site includes 5.6 acres of wooded/forest and 32.3 acres of brush/grassland. Post- development, the site will include 3.99 acres of forest, 1.85 acres of grassland, 28.8 acres of impervious surface, and 2.5 acres of suburban lawn landscaping. The tree survey indicated 752 trees on site, including 566 significant trees (hardwood deciduous trees 6" caliper* or greater, softwood deciduous trees 8" caliper or greater, and coniferous trees 12' height or greater). Proposed grading and other activities will result in loss of 495 significant trees. The EAW includes a tree preservation plan map (Exhibit K), which indicates that trees will be preserved in the northeast corner and along the southeast border of the site. Unfortunately the map is of such poor quality that it is impossible to decipher the species of those trees that will be removed or preserved. While the draft EAW indicates the presence of 24-30 inch burr oak trees on the site (p.10), • the significant tree survey (Exhibit J) indicates only white and red oaks on the site. This inconsistency should be corrected. Also, the city's tree ordinance defines significant trees, • • • Jeff Smyser, City Planner July 11, 2001 Page 2 but does not require tree mitigation or replacement. A tree ordinance that does nothing more than identify significant trees is of little use to the community. Council staff recommend the city incorporate protection and reforestation components in the ordinance to preserve its forests for future generations. Council staff would be happy to help the city refine its tree ordinance. The Council's Regional Blueprint (December 1996) states that the Council will encourage protection of the region's significant woodlands and the long -term management of the urban forest. The draft EAW states that 67 tamarack trees will be planted in the northwest and east areas of the site to replace 21 tamaracks slated to be removed from the wetland area. Council staff feels the project applicant could do much more to remediate the loss of trees from the site. We recommend native deciduous hardwood trees (especially oak, maple, and cherry) be planted on the site as part of the 2.5 ac of suburban landscaping. In addition, replacement of typical turf landscaping with native vegetation will recreate destroyed wildlife habitat, will require minimal irrigation, and will require no application of herbicides or pesticides. The concerns about the proposed development impacts on the Regional Park include: 1. The potential to- degrade water quality do to a large amount of hard surface proposed in the development that will prevent a significant amount local infiltration. (28.7 acres of hard surface of the 40.15 acres site total) 2. The large amount of hard surface will likely elevate the temperature of the storm water runoff temperatures due to the sun heating the extensive roofs and parking lots of the development. This increase in runoff water temperature could negatively impact the park wetlands and the corresponding bird and wildlife populations. 3. The Wetland Conservation Act requires avoidance as the first step of compliance. This plan is proposing to fill 3.64 acres. Replacement wetlands typically have significantly less diversity than natural wetlands and therefore have significantly less natural resource value. The proposed wetland area to be filled was directly part of the wetland complex in the regional park. It has been severed by the construction of Interstate 35W but it likely still functions in conjunction with the regional park through subsurface waters and well as plant and wildlife interaction on the surface. (4.88 acres of wetland reduced to 1.24 acres) Is there a hardship that merits the filling of 3.64 acres of wetland, cutting down 1.64 acres of forest with a proposed removal of 474 significant trees adjacent to a regional park? Also the removal of 32.3 acres of Brush/grass land and creating 2.82 acres of sterile storm ponds that will have virtually no natural resource value. (Pages 9 and 10). 4. The loss of a significant amount of trees adjacent to the park will result in a loss of habitat for birds and wildlife that use this area in addition to the park area. From a parks and open space perspective, the wetland and tree covered property on the east side of the property should be left undisturbed and the development concentrated on the western portion of the property. The remaining natural areas should be restored to a higher quality native vegetation state. The upland forest oaks that are 24" to 30" should be preserved. Why is the city asking for removal of 21 significant cottonwood and aspen? Is this an attempt to manage the forest type? A detailed site evaluation should be done by a professional ecologist for rare and endangered species. • • • Jeff Smyser, City Planner July 11, 2001 Page 3 Item 12 — Physical Impacts on Water Resources There is some question of the rationale for proposing to fill a wetland so that there is better visibility from the freeway frontage. Is this a hardship? The avoidance argument (page 15) is not very compelling as there seems to be significant ability to develop the site to the west. Any wetland mitigation (page 16) within the regional park would have to be a part of the existing master plan or a master plan update that would require approval by the Council. There should be at least an equal amount of public parkland purchased to replace the areas being used for wetland mitigation for this private development. Funding should also be provided for on going maintenance and monitoring of the "created" wetlands. Item 14— Water - related Land Use Management District The flood plain of George Watch Lake in the Regional Park should be avoided instead of being filled. Item 17— Water Quality: Surface Water Runoff Existing site soil is of naturally high infiltration media, therefore the predevelopment 100 - yr flood event results in a total site runoff rate of only 1.54 cfs. The applicant proposes to maintain predevelopment runoff rates by addition of two stormwater ponds, a bio- retention basin, and bio - swales. The runoff from the site will be collected in a 13.5 ac -ft detention pond, which will outlet to George Watch Lake of Rice Creek Regional Park Reserve through a 2 -inch and an 8 -inch pipe. Nutrient load simulations indicate a predevelopment phosphorous load of 22 lbs. per year and a post - development load of 60 lbs. per year. The draft EAW states the following: "while runoff rates will be maintained at predevelopment rates, it is not known what, if any, impact will result from the increased volume of runoff into the wetlands in the regional park reserve and George Watch Lake". Council staff is concerned that the applicant has not determined the effects of projected increased volume of stormwater discharge on the Rice Creek Regional Park Reserve wetlands and George Watch Lake. Increased water levels in the park may significantly alter shoreline plant ecology and habitat. Due to the potential for significant alteration to plant communities in a regional park reserve, it is our opinion that an analysis of water level changes in the park reserve due to increased runoff from the site must be completed before an EIS determination can be made. Council staff commends the applicant for inclusion of bio - filtration basins and bio - swales in the plan. However due to the existing soil's high capacity for infiltration, much more can be done to reduce the volume of runoff from the site. Rain - gardens can be added to infiltrate much of the runoff from the buildings' roofs. Frequent placement of infiltration trenches in the parking lot will also reduce runoff volumes. We recommend the applicant try to reduce runoff volume, as well as runoff rate, to predevelopment conditions. As the applicant did not include a site stormwater system map in the Draft EAW, it is not possible for us to determine the placement of proposed bio- filtration basins and bio- swales. The applicant should include this map in the final EAW. Council staff is concerned about the potential for plugging of the two small diameter outlet pipes of the large detention basin. It will be essential to install skimmers or other trash collectors, and to frequently maintain the pipe inlets. • Jeff Smyser, City Planner July 11, 2001 Page 4 This concludes the Council's review of the EAW. The Council will take no formal action on the EAW. If you have any questions or need further information, please contact Jim Uttley, AICP, principal reviewer, at 651- 602 -1361. Sincerely, Helen Boyer Director, Environmental Services Division cc: Sherry Narusiewicz, MN DOT Metropolitan Division Natalie Haas Steffen, Metropolitan Council District 9 Keith Buttleman, Director, MCES Environmental Planning and Evaluation Department Eli Cooper, Director, MC Planning and Growth Management Phyllis Hanson, Supervisor, Planning and Technical Assistance Connie Kozlak and Carl Ohm, Transportation and Transit Development Karen Jensen, MCES Environmental Planning & Evaluation Department Michael McDonough, Planning and Growth Management Department Jim Uttley, AICP, Planning and Growth Management Department VA L. ibnary \Commundv\Refemal\Letters12001 Lettcrs\Lino Lakes Marketplace EAW 18553 -1 3 Recommendations of the June 27, 2001 Environmental Board 8075 20th Ave North. The Environmental Board reviewed a plan for a variance to build a garage at 8075 20t to give feed back on environmental considerations of this site. At he time of review, the Environmental Board recommended that the applicant check with Rice Creek Watershed District to ensure that no wetlands are impacted; and if the building size would exceed the allowable fill (no building size was available at the time of the meeting) than they work with the watershed to develop a plan. The Environmental Board would like this plan to include a simple method of maintaining additional impervious runoff on the site since it is in a designated lake protection area adjacent to Hardwood Creek. Since the meeting a site visit has indicated that the proposed area of the garage construction is devoid of wetlands, and that any water running from this site seems to be directed to a natural depression between the creek and the building site, with a good distance of reed canary grass between the depressional area and the creek. Target Ryan The Environmental Board voted to forward the following recommendation: The draft EAW states on page 19, second -to- last - paragraph, that it is not known what "impact will result from the increased volume of runoff into the wetlands in the regional park reserve and George Watch Lake" The last paragraph on that page also states that phosphorous runoff loads will increase from the current 22 lbs per year to 60 lbs per year after the development is completed, all of it going to "the wetlands in the regional park reserve and George Watch Lake" An analysis should be done to fully determine these impacts to the Rice Creek Chain of Lakes Preserve, wetlands and lakes. If the Rice Creek Watershed is unable to provide this, it may be appropriate for the applicant to provide this analysis. The analysis should utilize computer modeling. Draft Comprehensive Plan That an emergency building moratorium ordinance be enacted for all residential development and consideration for all development. (see letter and memo) Environmental Board Goals Should be forwarded to the Planning and Zoning Board for their information. (attached) • AGENDA ITEM 7D (REVISED) STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: July 23, 2001 TOPIC: FIRST READING: Ordinance 16 -01 Rezoning /Preliminary Development Plan Resolution 01 -107 Preliminary Plat ACTION REQUESTED: 4/5 Vote on Rezoning Ordinance 3/5 Vote on Preliminary Plat Resolution Review Revised plans were received on Friday, June 29, 2001. A review of the plans, based upon the issues and concerns that were raised in the June 7, 2001 report to the Planning and Zoning Board, as well as the memo dated June 18, 2001, has been completed. The Planning & Zoning Board recommended approval of the PDO and . Preliminary Plat/Site Plan at its July 11, 2001 meeting with 18 conditions included as Attachment 1. Additionally, staff has added condition no. 19 with regard to installation of a bituminous trail segment along Lake Drive. However, in response to previous council action and subsequent discussions with Anoka County, the developer is in the process of evaluating an alternative secondary access location that would be acceptable to the county. The new access location does require design changes to the Outlot and circulation configuration. Staff is meeting with the Developer and County Highway Engineer on Monday, July 23, 2001 to discuss the revised access location. The outcome of the meeting will be discussed at the council meeting. RECOMMENDATION Due to the above referenced issues staff is recommending that the council table the request until the August 13th regular council meeting. ATTACHMENTS 1. Planning & Zoning Board Recommendation • • PLANNING AND ZONING BOARD RECOMMENDATION • • The Planning and Zoning Board recommended approval of the Planned Develop Overlay and the Preliminary Plat/Site Plan, based on the June 29, 2001 plans, with the following conditions: 1. No formal approval of the application shall be in effect until the EAW process is complete. 2. No formal approval of the application shall be in effect until Rice Creek Watershed District has completed their review and issued appropriate permits for the development. 3. All required on and off -site improvements shall be subject to the review and approval of the City Engineer and County Engineer, as appropriate. 4. Landscaping treatments along residentially zoned property shall provide for year round screening. Suitable coniferous plantings and /or fencing shall be applied in these areas to minimize the impact of vehicular lighting from said properties. 5. The lighting plan shall be modified to provide decorative lighting at 75 to 100 feet spacing staggered along the primary drive aisles. The lighting plan shall be modified to limit lighting to 0.4 foot candles at the boundary line. 6. All information /modifications requested by the City Engineer per the July 7, 2001 Engineering Review shall be provided prior to PDO approval. 7. Wall signage on the rear of Buildings C and D shall be limited to a low profile identity sign. The sign face shall have a maximum dimension of 2' by 8'. Note: Provisions will be made to accommodate tenants occupying more than one bay of the building. All other buildings shall be subject to the wall signage requirements of the Lino Lakes Sign Ordinance. 8. Freestanding signs shall be limited as follows: A. Maximum height of any sign along I -35W shall be no greater than thirty (30) feet. B. One Joint Identification Sign along Lake Drive with a maximum height of 30 feet. • • C. Three individual user signs in the locations shown with a maximum structure and sign size of 9' wide by 12' high. 9. Refrigeration units on delivery vehicles shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Loading and unloading of delivery vehicles shall be limited to the same hours. 10. All trash containers shall be fully contained within the building footprints. 11. The Convenience Store (Lot 1), Fast Food (Lot 2), Bank (Lot 8), and Buildings A (Lot 3), B (Lot 4) and E (Lot 5) shall require Site Plan Review approval in accordance with Section 2, Subd. 5 of the Lino Lakes Zoning Ordinance. 12. The secondary access and intersection located adjacent to Lots 1, 2, 4, and 5 shall be redesigned to eliminate the proposed offset and angle to improve site circulation and reduce vehicle conflicts and confusion. 13. The Kohl's parking lot shall be modified to minimize access points to the Apollo Drive Extension and to include landscaping islands adjacent to the proposed handicap stalls. 14. All required plan changes shall be completed prior to the final plan review by the City Council and shall be submitted to the City no later than 4:30 p.m. on Friday, July 27, 2001. 15. Dedication of access control to Anoka County should be shown on the plat along Lots 1, 2, 3 and Outlot C adjacent to Lake Drive. The opening width for the secondary access will need to be determined by Anoka County. 16. The development agreement shall incorporate a cross access and ingress /egress easement should be provided for the remnant parcel located between Apollo Drive and Lots 3 and 4. 17. The sidewalk shall be extended on Lot 8 to the southerly property line. 18. A concrete pavement treatment shall be used for crosswalks on major drive lanes. 19. The developer shall be responsible for the cost of the bituminous trail segment along Lake Drive that is adjacent to the project area. Such trail shall be installed in conjunction with future Lake Drive Improvements. • • • AGENDA ITEM 7E STAFF ORIGINATOR: John Powell, City Engineer CITY COUNCIL MEETING DATE: July 23, 2001 TOPIC: First Reading, Ordinance No. 08 -01, Sale of City property on the northeast corner of Birch Street/ Hodgson Road to Anoka County VOTE REQUIRED: Simple Majority BACKGROUND: In 1995 the city purchased from Anoka County a .7 -acre property known as the "Kaiser" property on the northeast corner of Birch Street and Hodgson Road. The property has a small abandoned home and several outbuildings, and is zoned General Business. The purchase price was $61,400. The intent for the use of the property was to make ii: available for commercial development. However, Anoka County later concluded that it needed a significant amount of the parcel for roadway and storm water pond purposes related to the reconstruction of Hodgson Road. The County board has approved purchasing the entire parcel back from the city at the current market value of $88,400. The owner of Apitz Garage and the County will subsequently negotiate an agreement for the remainder of the land for the expansion of the Apitz facilities. This item was referred back to City staff on June 11, 2001. OPTIONS: 1. Approve the First Reading of Ordinance No. 08 -01, Offering the sale of property to Anoka County 2. Return to staff for further consideration RECOMMENDATION: Option 1 - Approve the First Reading of Ordinance No. 08 -01. • • Councilmember introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 08 -01 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY TO ANOKA COUNTY The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at the intersection of the south line of said Northeast Quarter with the centerline of State Highway No. 49 as now established; thence east along said south line 208 feet to a point 858.5 feet west from the southeast corner thereof; thence north at right angles a distance of 220 feet; thence west and parallel with said south line of the Northeast Quarter of the Southeast Quarter to said centerline of State Highway No. 49; thence southeasterly along said centerline to the point of beginning. Except that part platted as Anoka County Highway Right of Way Plat No. 11. (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes conveyance of the Property directly to Anoka County. The mayor and city clerk- treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to convey the Property. III. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk- Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed. First Reading Approved on , 2001 • Second Reading Approved on , 2001 Published in the official newspaper on , 2001 • • AGENDA ITEM 7F STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: July 23, 2001 TOPIC: Resolution No. 01 - 110 - Approve Plans and Specifications and Authorize Advertisement for Bids, 2001 Surface Water Management project VOTE REQUIRED: Simple Majority BACKGROUND: After storm water ponds and drainage ways are constructed, they require periodic maintenance to ensure their effectiveness. Five areas have been identified for maintenance in 2001, they are located as follows: Location Mar Don Acres Twilight Acres 2nd Addition Highland Meadows West Thomas Street Tomahawk Trail Type of Maintenance storm sewer outlet repairs pond cleaning downstream ditch cleaning storm sewer outlet repair install storm sewer and ditch cleaning The maintenance activity required at these sites is more extensive than what is typically undertaken by Public Works staff. The selected sites also have limited accessibility. They have been combined into one project in order to minimize mobilization costs. The funding for this work is provided by the Surface Water Management Fund. This fund was established in 1992 as a revenue source in order to meet the "administrative, planning, ponding, mitigation, and water quality needs" of the City. It is reimbursed through assessments to new subdivisions and is also collected as property owners connect to City utilities. The schedule for this project is as follows: City Council Approves Plans and Specifications City Council Authorizes Ad for Bids City Council Awards Contract Construction Begins July 23, 2001 July 23, 2001 August 27, 2001 September 1, 2001 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 01 -110 approving the plans and specifications and authorizing advertisement for bids for the 2001 Surface Water Management project. 3. Not adopt Resolution No. 01 -110. RECOMMENDATION: • Option No. 2 - Staff recommends that Resolution Number 01 -110 be adopted. • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 -110 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS — 2001 SURFACE WATER MANAGEMENT PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2001 Surface Water Management project, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 9:00 a.m. on Tuesday, August 21, 2001, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, August 27, 2001, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 23rd day ofJuly, 2001. John J. Bergeson, Mayor Jean Viger, Deputy City Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 23, 2001. Jean Viger, Deputy City Clerk