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HomeMy WebLinkAbout12/10/2007Council Packet• REVISED Monday December 10, 2007 (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke Truth In Taxation Public Hearing D Public Comment ➢ Call to Order and Roll Call D Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) December 10, 2007 (Check No. 81788 through 81869) in the amount of $92,662.49; ii) Centennial Fire District (Check No.2945 through 2992) in the amount of $15,164.26 Pg 4 -10 B) Consider Resolution No. 07 -203 Approving an Off -Sale Liquor Pg 11 -13 and Tobacco license for Eagle Liquor and Tobacco, 730 Apollo Dr, (transfer of ownership to S & C Liquors, Inc.) C) Consider Resolution No. 07 -200 Authorizing the Transfer of Funds from the Area and Unit Fund to the Water Operating Fund for Payment of 1996B G.O. Water Revenue Bond D) Consider Resolution No. 07 -201 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund E) Consider Resolution No. 07 -202 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund Pg 14 -15 Pg 16 -17 Pg 18 -19 F) Consider Resolution No. 07 -204 Amending the City of Lino Lakes Pg 20 -26 Flexible Spending Accounts Plan Council Agenda -2- REVISED G) Consider Resolution No. 07 -206 Approving a temporary liquor license for the Lino Lake Lions Club Annual Prime Rib Dinner, March 15, 2008, at St. Joseph's Church, 171 Elm Street None n! 12/10/2007 Pg 27 -28 A) Consider second reading & passage of Ordinance No. 16 -07, Pg 29- establishing the 2008 City Fee Schedule, Julie Bartell Reading and roll call required i) Consider Resolution No. 06 -206, Approving summary publication of Ordinance 16 -07 A) Consideration of Resolution No. 07 -183 accepting the donation of $7,000 from the Turtleman Triathalon to the Police Department None Pg 31 -32 A) Consider 2nd Reading of Ordinance No. 19 -07 Amending Pg 33 -36 Section 3., Subdivision B of the Zoning Ordinance Relating to Minimum Lot Size for Unsewered Lots, Michael Grochala B) Public Hearing and Consider 1st Reading of Ordinance No. 18 -07, Pg 37 -40 Vacating Portions of Two Drainage and Utility Easements, Lot 1, Block 9, Oakwood View, (135 Ash Street), Jeff Smyser C) Consider Resolution No. 07 -194, Approving Payment Request Pg 41 -45 No. 2 (Final), 2007 Surface Water Management Project, Outfall Cleaning, James E. Studenski A) Consider approval of November 5, 2007 work session minutes A) Consider approval of November 13, 2007 Canvassing Board Minutes Council Members Stoltz and Reinert absent B) Consider approval of November 26, 2007 Work Session Minutes Mayor Bergeson absent • Pg 46 Pg 47 -48 • • • • Council Agenda -3- REVISED C) Consider approval of November 26, 2007 City Council Meeting Minutes Mayor Bergeson absent D) Receive from the Lino Lakes Charter Commission a substitute amendment proposed to Charter Chapter VIII, Public Improvements and Special Assessments Property Acquisition for Lake Drive Improvement Project 12/10/2007 Pg 49 -54 Community Calendar— A Look Ahead December 11 — December 17, 2007 Wednesday, December 12 6:30 p.m., Council Chambers 4 Monday, December 17 5:30 p.m., Community Room 4 Monday, December 17 6:30 p.m., Council Chambers Planning & Zoning Council Work Session Council Meeting • • iv Fax 1 evy December 10. 2007 l:y` 1 (5 cto City of Lino Lakes levy: — General Levy for Operations — Special Levies for Debt Service. Abatement payments and PERA — Council Goals, Additional Staff Position. Street Maintenance, Equipment Replacement. Storm Drainage Maintenance City of Lino Lakes Tax Base grew 4.81% t 3f.�D3i(?tic �( 1t� i Adopted Prcliminary Levy 1v4VHC direct to Taxpayer Levy received by City A�MVHC to city from State Levy for MVHC Total Revenue to City $8.866,956 ( 280.000) $8.586.956 280,000 -0- $8.866.956 $8,700.000 -- 58,200,000= 07.268,302 57,700,000 -..'.:.�.... $7,200.000-" $6,700.000 56200,000 55,700,000-' 55,200.000-" $4,700,000—' $4,200,000' $3,700,000-" $3,200,000— $2,700,000= $2.200,000 $1.700,000 $1.200,000 -.. 20115 its' 58.866,956 48,456.328. 4.85'5.. .7976.907 6.01. 9 2006 2007 2008 Special • Debt 7 General 140.16104X.:' 20.0004”,, 100.000"..- 80,0 0 60.000%. 40.000 % - ?0.000% 0.000% 2005 2006 2007 2008 Prop Other - Lino Lakes .1noLa ('o Z.1 q)12 Other 5 ". School District 31 %_ Anoka t'ount■ _ lstri °?lilt} @1 • • • • • • 28 2I 14 2001 Pr l Tax Iisribu101 2000 2007 2008 Prop Lino Lakes 8 Anoka Coon School Dist 7 Spec Dist C of 07' C?llllitil�liIQ l 2008 rkct Value - $250.000 Market Value - $250.0 Ta Capacit} S2.500 Tax Capacity $2.500 Cit Tax Rate x .38994 Cite Tax Rate x .38997 City 'lax $975 C'ity Tax 5975 Tax 2006 Matl.et Value - $250.000 Tax Capacity $2.500 Cit\ Tax Rate \ .38994 {'itx ra $975 2007 4.8% increase in i'alue Market Value - $262.000 Tax Capacity $2.620 Citr Tax Rate x .38997 Citti Fax 51,022 4.8% 'T 1 taI Pr p i on testez $5:200- T $4.700. 0 $4.200' t $3.700' a $3.200. —i 1 $2,700: $2.200 T 51,700 a $1.200 x $200 - ,....:..::.,: 6150.000 0200.000 0300,000 Market Value $400,000 2006 2006 2007 ■ 2008 Tax 1Z t R.an i t. is Anoka • 2005 - 9th out of 21 cities/townships • 2006 - 8th out of 21 cities/townships • 2007 - 9th out of 21 cities /townships • 2008 - 10th out of 21 cities/townships C. Proposed 2008 Cienera.1 Opel g Budget • • • • • • ake:, BtldgLt I t i 1 a io • February - May - City Council establishes budget priorities and objectives at Goal Setting work session • June/July - Departmental budgets are preparec • August 22 - Council reviews proposed budget • September 10 - Council approves preliminary Tax Levy and Budget & sets public hearing date • September 15 - Preliminary Tax Levy, Budget & public hearing dates certified to County Auditor l Ih • Mid - November - County mails notice of proposed property tax • December 10 - Council holds Truth in Taxation hearing on proposed 2008 Budget and Tax Levy • December 17 - Council adopts final 2008 Budget and Tax Levy • By December 28 - City certifies final 2008 Tax Levy and Budget to County Auditor Cit City of Lino Lakes budget includes: - Adjustments in Revenue and Expenditures to lower preliminary budget at adoption - Funding for achieving City Council goals - Finish Comprehensive Plan Update - 1.0 new staff position - Amounts for capital needs - capital equipment, office equipment, computers, etc. - Increased amount for street maintenance per Pavement Management Plan - Resources for Storm Drainage maintenance projects - Contingency for unknowns - Personnel cost adjustments S10,000,000 59,000,000 58.000,000 S7,000,000 56,000.006 55,000,000 54,000,000 Li -)0()5-2,008 2005 2006 2007 2008 0 7 H1U.tHH1 �, 6.000..01 5.000,000 4.000,000 3.000,000 2.(001,01H7� 12131106 t 12'31/07,4 2000 13‘010 61 ' Cia,ll1Ct akeS • • • • • C Prop Licenses & Intergovemt Permits 6.63°% 6.48"A Tfrs & &disc 2.72% Chgsfor Fines Service ,Interest 1.11% 2.53% 202% 2 (il)°2, sed Public Services 26.97 % Tfrs & Other 7.98% Administration 13.89% Public Safety 39.80% Community Development 11.37% • Debt service increased from 2007 sioo 5700 • Water rates under 5500 re\ iC\\ 5300 5100 Thous $ 2006 ' 2007; 2008' Provide emergenc} equipment_ upgrade lift station # 6. SctNcr Rehab in 1 ake5 Addn. • Sewer rates under reFlCNN 51,700 S1,500 $1300 titzii^ S1,100' S900 S700 -` s5(10 Thous 2006 2007 2008 1.325 4 Fate • • • • • :' t \ of I i no i tl Pt 1f's \ 11,111i OU to 1tte►ndi11 <_;. December 10, 2007 • EXPENDITURES DECEMBER 12, 2007 • Date: 11/30/2007 Time 07:36:54 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6760 676D 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 001100 CIRCLE PINES POST OFFICE 1 520.71 520.71 .00 .00 007376 ST. PAUL WINTER CARNIVAL /HERITAGE FOUNDA 1 1,125.00 1,125.00 .0D .00 Grand Totals: 2 1,645.71 1,645.71 .OD .00* • • Date: 11/30/2007 Time: 07:42:41 City of Lino Lakes FM Entry - Invoice Journal 1 g =s: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6747 6747 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 212.60 212.80 .D0 .00 000022 NORTHERN WATER WORKS SUPPLY, INC. 1 123.65 123.65 .00 .00 000064 ROWEKAMP ASSOCIATES, INC. 1 800.00 B00.00 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 44.47 44.47 .D0 .00 000094 PEARSON BROTHERS, INC. 1 6,776.82 6,776.82 .00 .00 000107 R & D BA1"1�kIES, INC. 1 105.56 105.56 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 37.85 37.85 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 65.00 65.00 .00 .00 000227 DELL MARKETING L.P. 1 201.30 201.30 .00 .DD 00022B ANOKA COUNTY ELECTIONS 1 85.88 85.88 .00 .00 Aillg318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 210.50 210.50 .00 .00 _,0389 CUB FOODS 1 25.74 25.74 .00 .00 000420 ANOKA COUNTY 1 104.24 104.24 .00 .00 000490 ASLESON, MARTY 1 110.47 110.47 .00 .00 000500 ASSOCIATION OF TRAINING OFFICERS MN 1 275.00 275.00 .00 .00 000537 CENTRAL PENSION FUND 1 1,305.60 1,305.60 .00 .00 000539 TARGET 1 632.16 632.16 .00 .00 000541 ASPEN MILLS, INC. 1 347.37 347.37 .00 .0D 000604 RYLANDER, VERNON 1 132.98 132.98 .00 .00 000724 BLUE TOW SERVICE, INC. 1 464.38 464.38 .00 .00 000860 BROADWAY AWARDS, INC. 1 74.28 74.28 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 412.86 412.86 .00 .00 Date: 11/30/2007 Time: 07:42:41 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount Dist 000946 C. P. OFFICE PRODUCTS 1 130.20 130.20 .D0 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 11,159.35 11,159.35 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 729.53 729.53 .00 .00 001110 CIRCLE PINES, CITY OF 1 2,593.67 2,593.67 .D0 .00 001148 EGAN OIL COMPANY 1 5,714.60 5,714.60 .00 .D0 001270 DALCO, INC. 3 399.75 399.75 .D0 .00 001360 E. L. REINHARDT COMPANY, INC. 1 149.30 149.30 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 184.90 184.90 .00 .00 00 1395 NEXTEL COMMUNICATIONS 1 740.10 740.1D .00 .00 001475 TASER INTERNATIONAL, INC. 1 450.00 450.00 .00 .00 001530 FOREST LAKE FORD, INC. 2 47.99 47.99 .00 .00 D01752 MOONEN, PATRICK 1 151.41 151.41 .00 .00 D01771 HALVORSON CONCRETE, INC. 1 5,598.00 5,598.00 .00 .00 001840 HIT,T,PSHEIM, TIM 1 175.34 175.34 .00 .00 001675 HUELMAN, PAT 1 50.00 50.00 .00 .00 001881 HUGO HEATING AND COOLING 1 130.00 130.00 .00 0 001971 INFRATECH TECHNOLOGIES, INC. 1 2,236.76 2,236.76 .00 002110 KATE AUTO PARTS, INC. 1 153.87 153.87 .00 .00 002328 LEEF BROTHER, INC. 1 21.77 21.77 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 341.16 341.16 .00 .D0 002355 LINDY, GEORGE 1 75.00 75.00 .00 .D0 002550 MENARDS, INC. 2 76.88 76.88 .D0 .00 002584 METRO SALES INCORPORATED 1 1,500.24 1,500.24 .DD .00 002666 RICHARDS, BRIAN 1 275.00 275.00 .00 .00 002694 AMERICAN MESSAGING 1 19.60 19.6D .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .00 003070 MTI DISTIBUTING, INC. 1 47.75 47.75 .DD .00 • Date: 11/30/2007 Time 07:42:41 City of Lino Lakes operator: JAL Page: 3 FM Entry - Invoice Journal Discount dor Name # of items Net Gross Discount Lost 003180 NEWMAN TRAFFIC SIGNS, INC. 1 299.85 299.85 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 240.26 240.26 .00 .0D 003228 NORTH AMERICAN SALT COMPANY, INC. 2 5,104.97 5,104.97 .00 .00 083250 XCEL ENERGY 1 7,179.51 7,179.51 .00 .00 D03261 BRUGGGEMAN HOMES 2 4,900.00 4,900.00 .00 .00 D03492 PETTY CASH 1 286.98 286.98 .00 .00 D03600 PRESS PUBLICATIONS, INC. 4 360.27 360.27 .00 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 1 374.88 374.88 .00 .00 00370D TEE JAY NORTH, INC. 1 149.00 149.00 .0D .D0 DC3848 SPARTAN PROMOTIONAL GROUP, INC. 1 533.44 533.44 .0D .D0 003882 SHRED -IT, INC. 1 48.00 46.00 .00 .DO 004099 SRF CONSULTING GROUP, INC. 1 1,883.29 1,883.29 .00 .00 004125 ST. PAUL CITY OF 1 80.25 80.25 .D0 .00 004240 STREICHER'S, INC. 1 107.53 107.53 .DD .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 169.98 169.98 .00 .00 04350 T.K.D.A. 1 326.13 326.13 .00 .00 .367 TASCHUK, PAM 1 50.00 50.00 .0D .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 265.75 265.75 .00 .00 D84590 UNIFORMS UNLIMITED, INC. 2 680.99 680.99 .00 .D0 004660 URICH, TRACEY 1 39.29 39.29 .D0 .00 D04720 VIGER, JEAN 1 31.94 31.94 .00 .00 004788 SPRINT 1 75.95 75.95 .00 .00 007369 JOHNSON, JOSEPH 1 99.96 99.96 .00 .00 007374 GERLACH, SHARON 1 90.00 90.00 .00 .00 D07375 KANGAS TANK, INC. 1 1,890.00 1,890.00 .00 .00 007377 WESTCO ENVIRONMENTAL SERVICES, INC. 1 17,836.80 17,836.80 .00 .00 007378 ANDERSON, KAREN 1 1,429.91 1,429.91 .00 .00 • Date: 11/30/2007 Time: 07:42:41 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Vendor # Name # of items Net Gross Discount 007379 BOTACS TACTICAL 1 69.78 69.78 .00 .DD 00738D FRA2TALONE COMPANIES, INC. 1 178.75 178.75 .DD .DO 900477 PARTS ASSOCIATES, INC. PAI 1 135.87 135.67 .00 .00 900591 CORPORATE EXPRESS, INC. 1 139.34 139.34 .00 .0D Grand Totals: 91 91,016.78 91,016.78 .00 .00* • • Date: 11/30/2007 Time: 07:49:40 Operator: JAL Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6761 6762 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount CENTRAL PENSION FUND PAYROLL WITHHOLDING 1,305.60 MINNESOTA STATE RETI PAYROLL WITHHOLDING 11,159.35 MN CHILD SUPPORT PAY TERRY J MECKLE 001401177 257.03 Total for Department 12,721.98* MAYOR /COUNCIL TARGET H TREATS 19.14 MAYOR /COUNCIL BROADWAY AWARDS, INC PLAQUE 74.28 MAYOR /COUNCIL VIGER, JEAN REIMBURSE C TREE SKIRT 31.94 MAYOR /COUNCIL ST. PAUL WINTER CARN AMBASSADOR PROGRAM 1,125.00 Total for Department 401 1,250.36* ADMINISTRATION NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER 18.04 ADMINISTRATION PRESS PUBLICATIONS, ADVERTISING /ADVISORY BOA 97.92 ADMINISTRATION PRESS PUBLICATIONS, ADVERTISING /ADVISORY BOA 97.92 ADMINISTRATION SPRINT MONTHLY SERVICE /OCTOBER 75.95 Total for Department 402 289.83* ELECTIONS ANOKA COUNTY ELECTIO ELECTION ENVELOPES 85.88 Total for Department 403 85.88* CHARTER TIMESAVER OFF -SITE S NOV 1 /CHARTER COMMISSION 265.75 Total for Department 405 265.75* SENIORS NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER 18.07 Total for Department 406 18.07* PLANNING & ZONING ROWEKAMP ASSOCIATES, CLASS /JEFF S 800.00 PLANNING & ZONING TARGET COOKIES /DRINKS 16.23 PLANNING & ZONING PRESS PUBLICATIONS, ADVERTISING /COMP PLAN OP 120.03 PLANNING & ZONING SRF CONSULTING GROUP TRANSPORTATION PLAN 1,883.29 Total for Department 416 2,819.55* COMM DEV NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER 18.04 Total for Department 418 18.04* POLICE DELL MARKETING L.P. TONER 201.30 POLICE ASSOCIATION OF TRAIN LAW ENFORCEMENT TRAINING 275.00 POLICE TARGET MICROWAVE /BOXES /OFF SUPP 346.79 POLICE ASPEN MILLS, INC. UNIFORM SUPPLIES 347.37 POLICE BLUE TOW SERVICE, IN TOW /'87 S10 BLAZER 119.83 Date: 11/30/2007 Time 07:49:40 Operator: JAL Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE TASER INTERNATIONA, KATH AUTO PARTS, INC IMAGE PRINTING & GRA METRO SALES INCORPOR XCEL ENERGY PETTY CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD ANOKA COUNTY SHERIFF SPARTAN PROMOTIONAL SHRED -IT, INC. ST. PAUL CITY OF STREICHER'S, INC. UNIFORMS UNLIMITED, ANDERSON, KAREN BOTACH TACTICAL CORPORATE EXPRESS, I HANDLE /BATTERY PACK LOCKOUT TOOL /WEDGE PRINTING LEAVE REQUESTS COPIER MAINTENANCE MONTHLY SERVICE /OCTOBER COPIES /SUPPLIES /FOOD MEETINGS /GAS PARTS /SUPPLIES RANGE TIME /AUGUST LANYARDS DESTROY CONFIDENTIAL MAT RADIO SERVICE / MAINTENANC UNIFORM SUPPLIES UNIFORM SUPPLIES REIMBURSE EDUCATIONAL EX FIREARM SUPPLIES PRINTER SUPPLIES Total for Department 420 BUILDING INSPECTIONS RYLANDER, VERNON REIMBURSE CLOTHING ALLOW. BUILDING INSPECTIONS NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER BUILDING INSPECTIONS MOONEN, PATRICK REIMBURSE CLOTHING ALLOW Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET BRYAN ROCK PRODUCTS, CLASS 5 CENTRAL LANDSCAPING, EROSION BLANKET EARL ANDERSON ASSOCI STREET SIGNS NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER HALVORSON CONCRETE, MENARDS, INC. MENARDS, INC. AMERICAN MESSAGING NEWMAN TRAFFIC SIGNS NORTH AMERICAN SALT CURB REPAIR CONCRETE MIX /BLAST SIGN BOARDS MONTHLY SERVICE /NOVEMBER STREET SIGNS HIGHWAY SALT XCEL ENERGY MONTHLY SERVICE /OCTOBER T.A. SCHIFSKY AND SO ASPHALT JOHNSON, JOSEPH REIMBURSE CLOTHING ALLOW WESTCO ENVIRONMENTAL CONTRACTOR /'07 SURFACE W Total for Department 430 AMERICAN FASTENER & WASHERS /NUTS EGAN OIL COMPANY GASOHOL FOREST LAKE FORD, IN ADDITIVE FOREST LAKE FORD, IN SPARK PLUGS LEEF BROTHER, INC. SHOP TOWELS MTI DISTIBUTING, INC FILTER /OIL FACTORY MOTOR PARTS BATTERY /PUMP PARTS ASSOCIATES, IN PAINTS Total for Department 431 450.00 153.87 341.16 115.00 3.38 93.00 125.01 68.97 374.88 533.44 48.00 80.25 107.53 680.99 1,429.91 69.78 139.34 6,104.80* 132.98 149.21 151.41 433.60* 412.86 729.53 184.90 35.12 5,066.00 58.97 17.91 3.92 299.85 5,104.97 4,704.37 169.98 99.96 17,836.80 34,725.14* 37.85 5,714.60 11.69 36.30 21.77 47.75 240.26 135.87 6,246.09* Date: 11/30/2007 Time: 07:49:40 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL R & D BATTERIES, INC BATTERIES WHITE BEAR LOCKSMITH STRIKE PLATE AMERIPRIDE LINEN /APP MAT RENTAL C. P. OFFICE PRODUCT OFFICE SUPPLIES CIRCLE PINES, CITY 0 MONTHLY SERVICE /OCTOBER DALCO, INC. JANITORIAL SUPPLIES HUGO HEATING AND COO SERVICE IGNITOR METRO SALES INCORPOR COPIER MAINTENANCE TEE JAY NORTH, INC. ACTIVATE SWITCH /HANDICAP Total for Department 432 A & L SUPERIOR SOD C ANOKA COUNTY CIRCLE PINES, CITY 0 NEXTEL COMMUNICATION HUELMAN, PAT LINDY, GEORGE XCEL ENERGY TASCHUK, PAM URICH, TRACEY SOD TAXES/28- 31 -22 -44 -0035 MONTHLY SERVICE /OCTOBER MONTHLY SERVICE /OCTOBER QUARTERLY STIPEND QUARTERLY STIPEND MONTHLY SERVICE /OCTOBER QUARTERLY STIPEND REIMBURSE CLOTHING ALLOW Total for Department 450 E. L. REINHARDT COMP PADLOCK NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER Total for Department 451 ASLESON, MARTY REIMBURSE CLOTHING ALLOW NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER Total for Department 461 Total for Fund 101 GERLACH, SHARON REIMBURSE PROGRAM EEC Total for Department SPECIAL EVENTS /TRIPS CUB FOODS SPECIAL EVENTS /TRIPS TARGET SPECIAL EVENTS /TRIPS RICHARDS, BRIAN OTHER APPLE CIDER /PROGRAM REC COOKIES /GIFT CARDS PROGRAM REC PROGRAM Total for Department 205 Total for Fund 201 PEARSON BROTHERS, IN CONTRACTOR '07 SEALCOAT Total for Department 499 Total for Fund 421 FRATTALONE COMPANIES REIMBURSE HYDRANT METER Total for Department Amount 105.56 65.00 210.50 130.20 2,526.31 399.75 130.00 1,385.24 149.00 5,101.56* 212.80 101.92 67.36 267.35 50.00 75.00 111.70 50.00 39.29 975.42* 149.30 18.06 167.36* 110.47 35.78 146.25* 71,369.68* 90.00 90.00* 25.74 250.00 275.00 550.74* 640.74* 6,776.82 6,776.82* 6,776.82* - 221.25 - 221.25* Date: 11/30/2007 Time: 07:49:40 Operator: JAL Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER NORTHERN WATER WORKS ABLE HOSE AND RUBBER CIRCLE PINES POST OF NEXTEL COMMUNICATION HALVORSON CONCRETE, HILLESHEIM, TIM AMERICAN MESSAGING XCEL ENERGY KANGAS TANK, INC. BALL /NIPPLE -CURB STOP RE FITTINGS /HOSE UTILITY BILLING POSTAGE MONTHLY SERVICE /OCTOBER CURB REPAIR REIMBURSE CLOTHING ALLOW MONTHLY SERVICE /NOVEMBER MONTHLY SERVICE /OCTOBER WATER TOWER REPAIR Total for Department 494 Total for Fund 601 CIRCLE PINES POST OF UTILITY BILLING POSTAGE NEXTEL COMMUNICATION MONTHLY SERVICE /OCTOBER INFRATECH TECHNOLOGI BENCH /INVERT REPAIR AMERICAN MESSAGING MONTHLY SERVICE /NOVEMBER XCEL ENERGY MONTHLY SERVICE /OCTOBER Total for Department 495 Total for Fund 602 ANOKA COUNTY ANOKA COUNTY BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN BRUGGEMAN HOMES BRUGGEMAN HOMES PRESS PUBLICATIONS, T.K.D.A. FRATTALONE COMPANIES Total for TAXES /09- 31 -22 -12 -0016 TAXES/09- 31 -22 -22 -0031 TOW /'02 TOYOTA CAMRY TOW /'91 CHEV CAPRICE 7336 STAGECOACH TRAIL /RE 7344 STAGECOACH TRAIL /RE ADVERTISING /VACATION -OAK EAGLE BROOK REIMBURSE HYDRANT METER Department Total for Fund 801 Grand Total 123.65 44.47 260.36 129.65 532.00 175.34 11.76 1,352.13 1,890.00 4,519.36* 4,298.11* 260.35 50.78 2,236.76 3.92 1,007.93 3,559.74* 3,559.74* 1.16 1.16 214.07 130.48 2,450.00 2,450.00 44.40 326.13 400.00 6,017.40* 6,017.40* 92,662.49* • CENTENNIAL FIRE DISTRICT • Check Register FIRE GL GL Posting Period(s): 11/07 - 11/07 Check Issue Date(s): 11/16/2007 - 11/30/2007 Page: 1 Nov 30, 2007 02:57pm Per Date Check No Vendor No Payee 11/07 11/19/07 2945 20140 VOID - MILO BENNETT 11/07 11/19/07 2982 11/07 11/19/07 2983 11/07 11/30/07 2984 11/07 11/30/07 2985 11/07 11/30/07 2986 11/07 11/30/07 2987 Total 2987 Void Check 20140 MILO BENNETT 20140 MILO BENNETT 30465 CENTENNIAL FIREFIGHTERS RELIE 30480 CENTENNIAL UTILITIES 50120 EMERGENCY APPARATUS MAINT, 11/07 11/30/07 2988 70578 GRAINGER 11/07 11/30/07 2989 120450 CITY OF LINO LAKES 11/07 11/30/07 11/07 11/30/07 11/07 11/30/07 Totals: 2990 200390 TWIN CITY GARAGE DOOR CO 2991 210400 USA MOBILITY WIRELESS, INC 2992 220200 VERIZON WIRELESS Invoice Description STATION 2 FAUCET REPAIR REPLACES CK 2945 3 SETS OF BINOCULERS 4TH QTR PMT STATION 1 UTILITIES RESCUE 21 MTC RESCUE 11 MTC SWIVEL 4TH QTR COMMON AREA CHARGE STATION 1 DOOR MTC COMMUNICATIONS COMMUNICATIONS Inv Amount 1,368.76- M 1,339.31 363.48 6,125.00 125.02 2,850.95 132.97 2,983.92 67.84 4,528.25 909.52 88.34 2.34 15,164.26 V • M = Manual Check, V = Void Check • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1B Julie Bartell, City Clerk December 10, 2007 Consider Resolution No. 07 -203, Approving Off -Sale Liquor and Tobacco License for Eagle Liquor and Tobacco (transfer of ownership) Simple Majority (3/5 Vote Required) An application has been submitted by Sudhan and Christina Manandhar, president and vice president respectively of S & C Liquor, Inc., requesting approval of an off -sale liquor and tobacco license for Eagle Liquor and Tobacco at 730 Apollo Drive, Suite 190. The business is being purchased by S & C Liquor, Inc. The application is complete and the related fees have been paid, including investigation fees. Insurance information has been provided to the City as required. The Lino Lakes Police Department has conducted a background investigation relative to this application and found no information on the principal applicants that would give a specific reason to deny the application. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing and Section 602 relating to Cigarette Sales, this application requires approval by the City Council. The applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, state and federal government. OPTIONS: 1. Approve Resolution No. 07 -203 2. Deny Resolution No. 07 -203 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -203 APPROVING ISSUANCE OF OFF SALE LIQUOR LICENSE AND TOBACCO LIQNCE FOR EAGLE LIQUOR (TRANSFER OF OWNERSHIP) WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on December 10, 2007, and; WHEREAS, the city has been informed that Eagle Liquor and Tobacco, located at 730 Apollo Drive, Suite 190, will come under new ownership; and WHEREAS, the transfer of an intoxicating liquor license can only be accomplished by application for a new license; and WHEREAS, the corporate entity S & C Liquors, Inc.(Sudhan and Christina Mandandhar) has applied for a liquor and tobacco license to do business as Eagle Liquor and Tobacco; and WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, said application indicates compliance with the city code concerning liquor and tobacco licensing, and therefore the applicant qualifies for such license and; WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves an Off -Sale liquor license and tobacco license, effective upon state approval, for Eagle Liquor and Tobacco, subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. Adopted by the Lino Lakes City Council this 10th day of December, 2007. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • AGENDA ITEM 'IC STAFF ORIGINATOR Al Rolek MEETING DATE 12/10/07 TOPIC Resolution No. 07 -200 Authorizing the Transfer of funds from Area and Unit Fund to the Water Operating Fund VOTE REQUIRED Simple Majority BACKGROUND Each year a transfer is budgeted from the Area -and Unit Fund to the Water Operating Fund to pay principal and interest on the 1996B G.O. Water Revenue Bonds. This transfer is a part of the funding mechanism set up in the original bond documents. The amount of the transfer is $141,199. It is staffs recommendation that Council authorize this transfer as budgeted. OPTIONS 1. Adopt Resolution 07 -200. 2. Refer back to Staff for further consideration. 3. Deny Resolution 07 -200. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-200 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE WATER OPERATING FUND FOR PAYMENT OF 1996B G.O. WATER REVENUE BOND WHEREAS, a transfer was budgeted in 2007 to the Water Operating Fund from the Area and Unit Fund to cover principal and interest on the 1996E G.O. Water Revenue Bonds due in 2007, and WHEREAS, it is staffs recommendation that this transfer be completed effective December 31, 2007. NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, that the following transfer be authorized and recorded effective December 31, 2007: Increase Decrease Water Operating Fund (601) $141,199 Area and Unit Fund (406) $141,199 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. Adopted by the City Council of Lino Lakes this 10th day of December, 2007. Julianne Bartell, City Clerk —15— John Bergeson, Mayor • • • • • • CONSENT AGENDA ITEM 1D STAFF ORIGINATOR Al Rolek MEETING DATE 12/10/07 TOPIC Resolution No. 07 -201 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 2003A Debt Service Fund was established to service the debt on several 2003 improvement projects and to refund the 1996A bond issue. The 1996A debt was to be retired using special assessments and resources of the Area and Unit Fund. Resolution 07 -201 would transfer the necessary funds from the Area and Unit Fund for 2006 debt service needs. The amount of the transfer is $410,000.00. It is staffs recommendation that the City Council approve Resolution 07 -201 authorizing this transfer. OPTIONS 1. Adopt Resolution 07 -201. 2. Refer back to Staff for further consideration. 3. Deny Resolution 07 -201. RECOMMENDATION Option 1 Council Member introduced the fallowing resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -201 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2003A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2003A Bond Debt Service Fund has a deficit balance, and WHEREAS, a portion of this issue refunded the original 1996A bond issue, and WHEREAS, the refunded portion of this bond issue was originally sold to finance 1996 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1996A bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Decrease Imp. & Refunding Bonds 2003A (324) $410,000.00 Area and Unit Fund (406) $410,000.00 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. Adopted by the City Council of Lino Lakes this 10th day of December, 2007. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • • CONSENT AGENDA ITEM 1 E STAFF ORIGINATOR Al Rolek MEETING DATE 12/10/07 TOPIC Resolution No. 07 -202 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 1998A Debt Service Fund was established to service the debt on the 1997 and 1998 improvement projects. The 1998A issue was subsequently refunded by the 2005B issue. The original debt was to be retired using special assessments to benefited properties and resources of the Area and Unit Fund. The 2005B fund is currently in a deficit situation. Resolution 07 -202 would transfer the necessary funds from the Area and Unit Fund to eliminate this deficit. The amount of the transfer is $480,899.00. It is staff's recommendation that the City Council approve Resolution 07 -202 authorizing this transfer. OPTIONS 1. Adopt Resolution 07 -202. 2. Refer back to Staff for further consideration. 3. Deny Resolution 07 -202. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -202 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2005B G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2005B Bond Debt Service Fund has a deficit balance; and, WHEREAS, a portion of this issue refunded the original 1998A bond issue, and WHEREAS, these bonds were originally sold to finance 1997 and 1998 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1998A Bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Imp. Bonds 2005B (328) $480,899 Area and Unit Fund (406) Decrease $480,899 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. Adopted by the City Council of Lino Lakes this 10th day of December, 2007. Julianne Bartell, City Clerk —19— John Bergeson, Mayor • • • • • CONSENT AGENDA ITEM I STAFF ORIGINATOR: Al Rolek MEETING DATE: December 10, 2007 TOPIC: Resolution 07- , Resolution Amending the City of Lino Lakes Flexible Spending Accounts Plan (the "Plan') VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: It is recommended that the city's Flexible Spending Accounts Plan be amended to incorporate any changes that may have occurred. The last plan document was updated in 2006. The following resolution incorporates one change to the current plan document. It is: • The Plan shall make available to Eligible Employees the health savings account (HSA) benefit on a pre -tax basis OPTIONS: 1. Approve Resolution 07- . 2. Return to Staff for further review. 2. Deny Resolution 07- . RECOMMENDATION: Option 1. CITY OF LINO LAKES RESOLUTION NO. 07- RESOLUTION AMENDING AND RESTATING THE CITY OF LINO LAKES FLEXIBLE SPENDING ACCOUNTS PLAN, (the "Plan ") the plan was adopted per Resolution No. 78 -90 with the effective date of January 1, 1991, and the plan was amended and restated per Resolution No. 95 -156 with an effective date of January 1, 1996, and again per Resolution No. 00 -119 with an effective date of January 1, 2001 and again per Resolution No. 03 -07 with an effective date of January 1, 2003, and again per Resolution No. 05 -181, WHEREAS, WHEREAS, WHEREAS, the City of Lino Lakes wishes to amend the plan document effective January 1, 2008, to include the following; •The Plan shall make available to Eligible Employees the health savings account (HSA) benefit on a pre -tax basis. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lino Lakes that: 1. The City of Lino Lakes Flexible Spending Accounts Plan be amended and adopted in the form presented to the City council effective as of January 1, 2008. 2. That any authorized persons of the Employer are hereby authorized to make such contributions from the funds of the Employer as are necessary to carry out the provision of said plan at any time. 3. That in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 ( ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the Lino Lakes City Council this 10th day of December 2007. John J. Bergeson, Mayor Julie Bartell, City Clerk • • • • • • PLAN AMENDMENT TO HE City of Lino Lakes Flexible Benefit Plan Pursuant to the authority retained by the Employer under Section 8.1 of the Flexible Benefit Plan (the "Plan"), the Plan is hereby amended as follows: Effective January 1, 2008: • the provisions of the Plan referencing the Section 1.2 Purpose. The purpose of the Plan is to increase the social insurance protection of Eligible Employees by making available to those employees different combinations of accident and health care benefits, dental care benefits, health care reimbursement benefits, dependent care reimbursement benefits, Health Savings Account (HSA) benefits, and direct compensation. The Plan is intended to comply with the provisions of Sections 79, 104, 105, 125, 129, and 223 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder. Section 2.1 Definitions (k) "Health Savings Account" or "HSA" means a health savings account established under Code Section 223. Such arrangements are individual trusts or custodial accounts, each separately established and maintained by an Employee with a qualified trustee or custodian. (1) "High Deductible Health Plan" or "HDHP" means, generally, a health insurance plan established by the Employer with an annual deductible of not less than $1,000 for self -only coverage and twice that amount for family coverage, as indexed for cost -of -living adjustments. The definition of HDHP shall be consistent with Section 223(c)(2) of the Code. Section 4.3 Employer Contributions. In its discretion, the Employer may make contributions to the Plan on behalf of the Participants. Any such contributions shall be made at such rates and subject to such conditions as are established and applied on a uniform basis by the Employer. Such contributions shall be contributed on such date or dates during the Plan Year as the Employer determines in its sole discretion. Employer contributions shall be made only on behalf of Participants who are currently employed by the Employer on the date that the contribution is made. Employer contributions shall be automatically applied to pay the Participant's cost of any benefits elected by the Participant. Employer Contributions that are intended for a Participant's HSA may only be contributed by the Participant to the HSA. They may not be allocated towards other benefits under the Plan. Participants shall be informed prior to the commencement of each Plan Year of the amount, if any, of such employer contributions to be made during the Plan Year. Section 4.5 Revocation or Changes in Benefit Elections. A Participant's benefit election for any Plan Year shall be irrevocable during the Plan Year, except that (a) the Employer may limit or reduce a Participant's contributions allocable to certain benefits in accordance with Section 4.9, and (b) if there is a Status Change, a Participant shall be entitled to change the Participant's election of benefits on a prospective basis in a manner that is consistent with the Status Change; (c) as further described in Section 4.6, an election to contribute to an HSA may be changed at any time on a prospective basis. Notwithstanding the foregoing, a Participant may switch from Limited - Purpose Health Care Reimbursement Coverage to General - Purpose Health Care Reimbursement Coverage at any time during a Period of Coverage up to and including the last day of the Plan Year, provided, that a Participant may not make a corresponding Election Change to increase or decrease Pretax Contributions for Health Care Reimbursement Coverage, unless the Election Change is consistent with a Change in Status. If a Participant changes from Limited - Purpose Health Care Reimbursement Coverage to General- Purpose Health Care Reimbursement Coverage, his or her Pretax Contributions and reimbursements under the Limited- Purpose plan shall be taken into account in determining the amount of coverage available under the General - Purpose plan for the balance of the Plan Year. Medical Care expenses incurred prior to the date that a Participant changes from the Limited - Purpose plan to the General - Purpose plan, but not previously reimbursed, shall be payable from the General- Purpose plan (if sufficient coverage remains in the Limited Purpose plan at the time of reimbursement), and a corresponding reduction shall be made to the coverage available under the General Purpose plan. Section 4.6 Election Change for HSA Benefits. A Participant who has enrolled in the HDHP and is an eligible individual under Section 223(c)(1) of the Code may start or stop an election to contribute to an HSA, or increase or decrease the amount of the election, as long as the change is effective in the following month. Rules that govern election changes following a "Change in Status" or a "change in Cost or Coverage" do not apply to Employer contributions or Pretax Contribution to HSAs. 5.2.2 Health Care Reimbursement Coverage. A Participant may elect to receive health care reimbursement coverage under one of two separate plans: (1) a plan for General- Purpose Health Care Reimbursement Coverage, or (2) a plan for Limited - Purpose Health Care Reimbursement Coverage. General - Purpose Health Care Reimbursement Coverage shall be available to Participants who do not intend to contribute to an HSA and are not "eligible individuals" under Section 223(c)(1) of the Code. Limited - Purpose Health Care Reimbursement Coverage shall be available to Participants who have elected coverage under the HDHP and intend to contribute to an HSA. Limited- Purpose Health Care Reimbursement Coverage shall also be available to Participants whose spouses are covered under an HDHP of another employer, so that those spouses remain eligible to contribute to an HSA. Both General - Purpose and Limited Purpose Health Care Reimbursement Coverage plans are governed by the terms and conditions of this paragraph 5.2.2. (a) Maximum Coverage Amounts. Participants receiving General Purpose Health Care Reimbursement Coverage may elect to receive medical reimbursement coverage of up to a maximum coverage of Three Thousand Dollars ($3,000) per Plan Year. Participants receiving Limited - Purpose Health Care Reimbursement Coverage may elect to receive medical reimbursement coverage of up to a maximum coverage of Three Thousand Dollars ($3,000) per Plan Year. • • • • • (b) Health Care Reimbursement Charge. Prior to the commencement of each Plan Year, the Employer shall determine and communicate to Participants the annual rate of the Health Care Reimbursement Charge for each dollar of health care reimbursement coverage for the forthcoming Plan Year. A Participant's Health Care Reimbursement Charge shall be payable from the Participant's available Employer Contributions or Pretax Contributions on a monthly or other periodic basis during the Plan Year as determined by the Employer and communicated to Participants. (c) Health Care Reimbursement Benefits. Subject to (imitations contained in other provisions of this Plan, a Participant receiving General - Purpose Health Care Reimbursement Coverage who incurs expenses for Medical Care attributable to the Participant or the Participant's spouse or Dependents during the Participant's Period of Coverage for a Plan Year shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses to the extent of the maximum amount of coverage elected by the Participant for that Plan Year. A Participant receiving Limited - Purpose Health Care Reimbursement Coverage who incurs expenses attributable to the Participant or the Participant's spouse or Dependents for [dental expenses, vision expenses, preventative care expenses that fall within the safe harbor described in IRS Notice 2004 -23, and Medical Care expenses that are incurred after the HDHP deductible has been satisfied], shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses to the extent of the maximum amount of coverage elected by the Participant for that Plan Year. The Employer shall pay all such expenses to the Participant upon the presentation of documentation of such expenses in a form prescribed by the Employer, which shall include satisfactory third party evidence of the amount of the expense and the date(s) incurred. In addition, upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimbursement under any policy described in paragraph 5.2.2(d) or from any other source. In its discretion, the Employer may pay any of such expenses directly, in which event it shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt during the prior month of a claim complying with Plan requirements and totaling at least Ten Dollars ($10), and by following the close of the Plan Year upon receipt no later than of a claim (no minimum) complying with Plan requirements. (d) Limitations on Health Care Reimbursement Benefits. Anything in the Plan to the contrary notwithstanding, no Participant shall be entitled to benefits under this paragraph 5.2.2: (i) In the event and to the extent that, the reimbursement or payment is covered under any insurance policy or policies, whether paid for by the Employer or the Participant, or under any other health and accident plan by whomever maintained. If there is such a policy or plan in effect providing for reimbursement or payment, in whole or in part, then to the extent of the coverage under that policy or plan, the Plan shall be relieved of any liability; or (if) To the extent that the expense has been submitted for reimbursement from the Participant's Dependent Care Reimbursement Account or under any similar program or plan maintained by some other person or entity. Notwithstanding the foregoing, however, in the event that an expense for Medical Care could be reimbursed from either a Participant's Health Care Reimbursement Coverage or a Participant's HSA, the Participant's Health Care Reimbursement Coverage shall pay first, until such coverage is exhausted, unless the Participant directs that the HSA pay first. In no event may the same expense be reimbursed under both Health Care Reimbursement Coverage and an HSA. (e) Unused Benefits. If following the final payment of reimbursement benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount remains in a Participant's Health Care Reimbursement Account for that Plan Year, such amount shall be returned to the Plan, and Participant shall have no further claim to that amount. (f) Separate Written Plan. For purposes of the Code, paragraph 5.2.2 shall constitute a separate written plans providing for the reimbursement of Medical Care expenses. To the extent necessary, other provisions of the Plan are incorporated by reference in paragraph 5.2.2. 5.2.8. HSA Benefits. (a) Employee Pretax Contributions. A Participant who has enrolled in the HDHP and is an eligible individual under Section 223(c)(1) of the Code may elect to have a portion of his or her compensation forwarded by the Employer to an HSA established with one or more designated trustees or custodians (an "eligible HSA "). If a Participant elects to contribute to an eligible HSA, the employee's cash compensation will be reduced, and an amount equal to the reduction will be forwarded to the employee's HSA. (b) Employer contributions. The Employer may contribute directly to the HSA of a Participant, outside of the Plan; subject to the comparability rules under Code section 4980G. In the alternative, the Employer may -25- • • • • • DATED: contribute an amount through the Plan that is intended for the HSA of a Participant, without regard to the comparability rules, and the Participant may choose between the HSA contribution and taxable cash compensation. The Employer reserves the right to change the amount or timing of contributions at any time, and from time to time, whether made to the Plan or directly to the Participant's HSA. (c) Limitation on Employer Involvement. The terms of individual HSAs will be governed by an agreement between employees and a trustee or custodian. The Employer will not impose conditions on the use of HSA funds, restrict the ability of employees to move HSA funds to other HSA providers make or influence investment decisions with respect to funds contributed to an HSA, or receive any payment or compensation in connection with an HSA. The Employer may limit the forwarding of payroll contributions to designated HSA trustees or custodians. However, the employer does endorse any particular HSA provider, and has no authority or control over funds deposited in an HSA. (d) Contribution Limitations. In no event shall Participant Pretax Contributions to an HSA, when combined with Employer contributions to the HSA, exceed, (i) the statutory maximum amount for HSA contributions applicable to the Participant's HDHP coverage option (i.e., single or family) for the calendar year in which the Contribution is made, as adjusted each year for cost -of- living increases ($2,900 for single and $5,800 for family in 2008 If you elect to be covered for an HSA eligible plan in a month other than January you can choose to contribute the statutory maximum of that plan year. The election will be based on coverage in the last month of the plan year, unless the participants chooses not to continue on the HSA plan for the 12 subsequent months following the last month of the year of the first year of eligibility. An additional catch -up contribution ($800 for 2007, increasing by $100 each year until it reaches $1,000 in 2009) may be made by Participants who are age 55 or older. City of Lino Lakes City Council By Its • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1G Julie Bartell, City Clerk December 10, 2007 Consider Adoption of Resolution No. 07 -206, Approving an application for a Temporary On -Sale Liquor License for the Lino Lakes Lions Club Simple Majority (3/5 Vote Required) The Lino Lake Lions Club has scheduled its annual prime rib dinner for Saturday, March 15, 2008 to be held at St. Joseph's Church, 171 Elm Street. The Lino Lakes Lions Club is requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License Application. The license is necessary to allow the Lions Club to mix and dispense liquor that will be served as part of the dinner. The applicant is required to submit an application to the city, for approval, at least 30 days prior to the event and city policy requires a background check on the CEO each time a permit or license application is received. The Lino Lakes Police Department has completed the background check and has found no reason to deny the license. A copy of the application, a certificate of liquor liability insurance and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve Resolution No. 07 -206 approving the Lino Lakes Lions Club application for a temporary on -sale liquor license. 2. Deny Resolution No. 07 -206. RECOMMENDATION: Approve Resolution No. 07 -206 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -206 APPROVING LINO LAKES LIONS CLUB APPLICATION FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE WHEREAS, Minnesota Statute, Section 340, allows the city council to issue a temporary on -sale liquor license to a non - profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Lino Lakes Lions Club has submitted an application to hold a fundraising event at St. Joseph Catholic Church, 171 Elm Street, on March 15, 2008; and WHEREAS, the Lino Lakes Lions Club has paid the required fee, and WHEREAS, the City of Lino Lakes has conducted an investigation of the Lino Lakes Lions Club, and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of the Lino Lakes Lions Club for a temporary on -sale liquor license. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of December, 2007. 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. • • • • AGENDA ITEM 3A STAFF ORIGINATOR: DATE: TOPIC: VOTE REQUIRED: BACKGROUND: Julie Bartell, City Clerk December 10, 2007 Second Reading of Ordinance No. 16 -07 Establishing the 2008 Fee Schedule Simple Majority (3/5 Vote) In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. Some of these fees have specific statutory requirements. The current fee schedule has been circulated to department directors with a request to update or amend the schedule as appropriate. For some fees, survey information available from Metro Cities (Association of Metropolitan Municipalities) was used to compare our city fees with comparable metro cities. Ordinance No.16 -07 (the proposed 2008 Fee Schedule) is attached. Recommended amendments to the ordinance are printed in red. Please note the following: • Alcohol and Tobacco License Fees — a comparison with other metro cities indicates that our fees are in line with area averages with the exception of tobacco licenses. Staff is therefore recommending that the current fee for a tobacco license be increased from $50 to $100 annually. • Government Data - the city has an established cost for providing paper copies of public data, however, new language is recommended on some related data provision areas. The added section clarifies the city's policy on how data can be provided (format), the cost of staff time, and provision of electronically maintained data. • Housing Maintenance Code — the fee ordinance includes the addition of a Rental Housing Licensing fee as provided for in the Rental Housing and Property Maintenance Code adopted by the city in August. The fee is based on inspection and administrative time associated with the rental program. It should be noted that the "Star Program" administered by the Public Safety Department, as a companion to the rental housing requirements, provides for reductions to the license fees as an incentive for program compliance; • Building Fees - base fees are being adjusted and updated. The 2008 Fee Schedule Ordinance was presented to the Council on November 13, 2007 and first reading was approved. Based on the recommendation of the city engineer, staff has made additional amendments to the ordinance as follows: • City Trunk Utility Fees - base fees are being updated. • Surface Water Management Fees — base fees are being updated. OPTIONS: 1. Approve second reading and adoption of Ordinance No. 16 -07, the 2008 City Fee Schedule Ordinance 2. Return to staff for further consideration RECOMMENDATION: Option No. 1 • • • 1s` Reading: November 13, 2007 2"d Reading: Publication: Effective: City of Lino Lakes Ordinance No. 16 -07 AN ORDINANCE ADOPTING THE 2008 CITY OF LINO LAKES FEE SCHEDULE AND PROVIDING FOR THE ISSUANCE OF LICENSES, PERMITS AND COLLECTION OF FEES THEREOF; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2008 FEE SCHEDULE ALCOHOLIC BEVERAGES 3.2 Beer Investigation 3.2 Beer Off -Sale 3.2 Beer On -Sale 3.2 Beer On -Sale Temporary Club License Liquor License Investigation Fee Liquor On -Sale License Liquor Off -Sale Liquor Temporary Permit Temporary Set -Up License Wine License Investigation Fee Wine Sunday Liquor AMUSEMENT & COMMERCIAL RECREATION Cabaret License Dances Gambling Permit Application State Licensed Gambling: BUSINESS & MISCELLANEOUS Assessment Search Fee Burning Permit Dog Kennel - Private Dog Kennel - Commercial Dog License Male /Female Dog License Male /Female Copies: City Code Book Copies: Mailed Minutes 1 $250.00 Indiv.; $450.00 Corporate $200.00/Year $300.00/Year $50.00 + $5.00 /Day $300.00 $250.00 Indiv.; $450.00 Corporate $4,500.00/Year $200.00 $50.00 $25.00 $250.00 Indiv.; $450.00 Corporate $500.00/Year $200.00/Year $35.00 $200.00/Year $10.00 Regulation Tax 1/10 Of 1% of Net Profits $20.00 /Search $30.00 $20.00/Year $100.00/Year $10.00 $5.00 (Spayed or Neutered) $75.00 $36.00 /Year Copies: Mailed Agenda Copies: Per Page Copies: New Resident Labels Copies: Aerial /Topo Map City Map Comp. Plan. Computer Disk or DVD Environmental Handbook Fax Charge Garbage Hauler License Overweight Permit Pawn Shop Class A Pawn Shop Class B Class A Secondhand Goods Dealer Class B Secondhand Goods Dealer Class C Secondhand Goods Dealer Pawn Shop Investigation Pawn Shop In State Investigation Pawn Shop Out State Investigation Peddler, Solicitor, Transient Merchant Recycling Container Purchase Rental License (annual) Rental License Reinspection Fee Special Event Permit Tapes: Audio Tapes: Video Tobacco License Return Check Charge Zoning Maps Zoning Ordinance $12.00/Year 1St 10 Copies Free, then .25 Per Page $5.00 Per Month Flat Fee $10.00 $2.00 $55.00 $7.00 $55.00 1st 10 Pages Free, then .25 Per Page $75.00 /First Truck $45.00 Each Additional $20.00 $10,000.00 $7,000.00 $720.00 $105.00 No Fee $15,000 (deposit on costs) $750.00 $20,000.00 $250.00/Year 1St Free / $8.00 for each Additional $50.00 for 1 or 2 units $50.00 + $10 per unit for 3 or more unit. $50 00 $50.00 $10.00 $15.00 mar- $100.00 $30.00 $5.00 /Large or Colored $25.00 • • GOVERNMENT DATA All public government data is available for viewing at no charge at City Hall during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m. The City has an established fee for making copies of requested data. Copies of non - copyrighted public data are available in the format in which the data is maintained, Data requests for more than 100 pages may result in charges for staff time in addition to the cost of the actual copies. If the data requested is maintained electronically and the data takes less than one hour to compile, that data will be released free of charge. PARK & RECREATION USER FEES Field Rental - Resident Only Baseball /Softball Drag Only Baseball /Softball Drag & Chalk Soccer (Excluding Youth) Picnic Shelter Reservation Party Wagon - Block Party 2 $20 /Evening $30 /Evening $65 /Evening Residents - No Fee Non - Resident - $25 No Fee • Mon. - Thurs., Non -Block Party Fri., Sat. Or Sun.,Non -Block Party Playground Grab Bags IIIFIRE REGULATIONS Annual Permit For Sale Of Consumer Fireworks POLICE FEES Copy of Report Copy of Report - Mail In Vehicle Lockouts Clearance Letter Fingerprinting Video Image Printing Photographs Booking Photographs Electronic Photographs False Alarms • Vehicle Forfeiture Fee Videotape Copy Costs include all applicable taxes BUILDING - CONSTRUCTION UTILITIES Building Permit Fee Schedule Fee Table $25 $40 $10.00 / $25.00 $350 exclusive retail seller / $100 in conjunction with existing retail store Free to subject of data up to 3 pages; 4th page $1.00; then $.25 any addl pages up to 100. $4.00 Up To 4 Pages, Then $.25 Per Page thereafter No charge $5.00 $10.00, by appt. $5.00 $25.00 plus developing cost $5.00 $5.00 per page of four 3 free; 4 -10 $50.00; 11 or more $100.00 /calendar yr. $100.00 per vehicle $25.00 Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof 3 Building Permit Fees shall be based on the Fee Table. Fire Suppression Permit fee shall be based on Fee Table Minimum fee of $50.00 for all permits • Other Inspections and Fees: 1. Work commencing before permit issuance Double Permit Fee 2. Erosion Control Inspection Fee (single, two - family, townhomes up to 8 units) $150.00 Multi - family > 8 units, Commercial, Industrial and Institutional determined by separate agreement. 3. Erosion Control Reinspection Fee $17.00 $50.00 per trip 4. Inspections outside of normal business hours $498 $50.00 per hour* 5. Reinspection fee $47.00 $50.00 per trip 6. Inspections for which no fee is specifically designed 7. Additional plan review required by changes, additions, or revisions 8. For use of outside consultants for plan checking and inspections, or both 9. In Ground Swimming Pool 10. Above Ground Swimming Pool $47.98 $50.00 per trip $47.08 $50.00 per hour ** Actual Cost * ** $141.00 $17.00 $50.00 11. Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period 13. Easement Encroachment Fee $55.00 14. Fence Permit • 15. Roofing Permit 16. Siding Permit 17. Replacement Windows Permit 18. Retaining Wall Permit 19. All Residential Mechanical Permits, (except new construction 20. Residential New Construction Mechanical Permit $17.00 $50.00 $100.00 $100.00 $100.00 $50.00 and air conditioning $25.00 $50.00 $60.00 21. Residential Air Conditioning Permit .1% of the contract price ($25.00 $50.00 minimum fee) 22. Commercial Mechanical Permit .1% of the contract price ($25.00 $50.00 minimum fee) 23. Manufactured Home Permits $90.00 24. Plumbing Permit $9.00 per fixture ($15.00 minimum fee 25. Sewer Connection Fee $200.00 4 23. Water Connection. Fee $250.00 24. Contractor License Verification $5.00 per permit • 25. Contractor License .$50.00 26. SAC (Sewer Availability Charge) per Met Council 27. 3/" Water Meter $165.00 28. 1" Water Meter $325.00 29. MXU Unit $125.00 30. Septic Installation or Repair Permit $150.00 31. Septic Pumping Permit $5.00 32. Demolition Permit $17.00 $SO 00 Fee Refund — Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non - refundable. All permits issued are subject to applicable State surcharge fees. * Inspections made out side of normal business hours is a three -hour minimum charge ** Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. * * * Actual costs include administrative and overhead costs. • Sign Permit - Temporary (portable/banner) $25.00 /Term �;a��dw�cls Board $22sTouch Pad .0.00 00 Curb Stop Covers $68.00 An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. ESCROW DEPOSITS In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 c. As -built Surveys - $1,000.00 d. Stucco (final coat only) $1,000.00 e. Garage Floor - $1,000.00 5 f. Landscaping - $2,500.00 (landscaping may be escrowed year -round per City Staff) Escrow deposits include a $50.00 non - refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a.) Escrow can be paid to the City upon execution of an agreement signed by both the a ee and • p y d the City. b.) The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. UTILITY FEES Sewer Rate Water Meter Rental Additional Accessories $25.00 Per Month $52.00 /Quarter/Reu +$1.00 Per 1000 Gallons Over 10,000 Gallons $400.00 (Deposit) / $25 Per Month Water Usage Fees Gal.) Valve Replacement Driveway Covet Underground Utility Permit Meter Testing (Our Cost, Delivered To Minneapolis) 5/8" - 3/4" Meter Test 1" Meter Test 1-1/2" - 2" Meter Test City Trunk Utility Fees Sanitary Sewer Unit Water Unit SURFACE WATER MGMT $10.00 Per Quarter / Reu $1.77 Per Thousand Gallons (0 - 30,000 Gal.) $2.07 Per Thousand Gallons (Over 30,000 $45.00 Each (during work day) %10‘, 00 Each (e■enings & weekends) x$60 00 $50.00 $50.00 $65.00 $100.00 $2,585.00 S2 960 00 Per Sac Unit $3,415.00 S3 S60 00 Per Sac Unit • Fee Charge per Sq. Ft. of Development Area I. Single /Two Family Lots $0- '0124 Land Use Type II. Multi Family Lots Surface Water Management Charge: Applied to developing parcels in accordance with established in Resolution No. 92 -70. Credits may be earned for watershed improvements. CULVERT PRICES III. Commercial /Industrial/ Institutional Property $&4-74C) 184 the policy provisions All culvert prices are based on market prices and include tax & delivery and 15% administration fee 6 • • • LAND USE Alternative Urban Areawide Review (AUAR) To be charged to land development applications within I -35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid, the same land will not be charged again. Application Fee (Required With Each Submittal) Comprehensive Plan Amendment 40 Acres or Less More Than 40 Acres Conditional Use Permit Residential Commercial /Industrial ESCROW FEE DEPOSIT* $269 per acre $100.00 $1,500 $5,000 $750 $5,000 Environmental Assessment Worksheet $10,000 Interim Use Permit Rezoning 40 Acres or Less More Than 40 Acres Site Plan Review $750 $1,500 $5,000 $5,000 Subdivision Minor Subdivision / Lot Split $1,000 Preliminary Plat 40 Acres or Less $2,500 Over 40 Acres) $10,000 Final Plat $1,500 Planned Unit Development General Concept Plan $2,500 Development Stage Plan $10,000 Final Plan $2,500 Park Dedication - Residential Park Dedication — Commercial / Industrial $2,075 per unit $2,175 per acre Tax Increment Financing or Tax Abatement $7,500 Vacation (Street, Utility, Drainage) $500 Variance $500 Zoning Confirmation Letter $25 *An escrow account shall be established as indicated above to cover all expenses incurred 0 part the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon the City's determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. ENGINEERING Flood Plain Elevation Certificate Elevation Certificate Survey Digital Contour Mapping LATE FEE $200.00 Fee Addl $1,000.00 Escrow Deposit $800 per % Section Increment Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for any fees not paid when due. Section 2. Effective Date of Ordinance. This Ordinance shall be effective as of January 2, 2008. Passed by the Lino Lakes City Council this _th day of 200_. ATTEST: Julie Bartell, City Clerk 8 John J. Bergeson, Mayor • • • AGENDA ITEM 3A (i) STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: December 10, 2007 TOPIC: Resolution No. 07 -206 Summary of Ordinance 16 -07 for publication (2008 Fee Ordinance) VOTE REQUIRED: 4/5 vote BACKGROUND: Ordinance No. 16 -07 establishing 2008 fees will be considered for second reading and approval by the city council on December 10, 2007. If approved, due to the length of this ordinance, staff is requesting authorization to publish the ordinance in a summary form. Minnesota Statutes, Section 412.191 allow for summary publication when appropriate; a copy of the summary is attached to Resolution No. 07 -206. OPTIONS: 1. Approve Resolution No. 07 -206 authorizing summary publication; 2. Deny Resolution No. 07 -206 thus requiring staff to publish Ordinance No. 16 -07 in its entirety; 3. Return to staff. RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -206 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 16 -07 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 16 -07, establishing the 2008 Fee Schedule, for first reading on November 23, 2007 and second reading and final passage on December 10, 2007; and WHEREAS, Ordinance No. 16 -07 is lengthy and MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 10th day of December 2007. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • ATTACHMENT A, RESOLUTION 07 -206 • CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 16 -07 AN ORDINANCE ADOPTING THE 2008 CITY OF LINO LAKES FEE SCHEDULE AND PROVIDING FOR THE ISSUANCE OF LICENSES, PERMITS AND COLLECTION OF FEES THEREOF; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City staff, a fee schedule for City services and licensing is hereby adopted as follows: 2008 FEE SCHEDULE A. Alcoholic Beverages; B. Amusement and Commercial Recreation; C. Building — Construction Utilities; D. Utility Fees; E. Business and Miscellaneous; F. Culvert Prices; G. Park and Recreation User Fees; H. Fire Regulations; I. Lane Use; J. Engineering; H. Police Fees. Section 2. Effective Date of Ordinance. This ordinance shall be effective 30 days after its publication. Passed by the Lino Lakes City Council on December 10, 2007. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia, Public Safety Director / Chief of Police MEETING DATE: December 10, 2007 TOPIC: Consideration of Resolution No. 07 -183 accepting a donation from Turtleman Triathlon VOTE REQUIRED: Simple majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution No. 07- 183 and publicly accept and thank the Turtleman Triathlon for their generous donation • to the City of Lino Lakes. OPTIONS 1. Adopt Resolution No. 07 -183 accepting the donation. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 ATTACHMENTS Resolution No. 07 -183 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -183 RESOLUTION ACCEPTING DONATION FROM TURTLEMAN TRIATHLON FOR EQUIPMENT FOR THE RESERVE PROGRAM WHEREAS, the Turtleman Triathlon sponsors a bike race that utilizes the roadways within the City of Lino Lakes; and WHEREAS, the Turtleman Triathlon conducts a fun and safe race for the athletes while being able to give back to the community; and WHEREAS, the Lino Lakes Reserve Officer Unit provides traffic control during the event; and WHEREAS, the Turtleman Triathlon has donated $7,000 to the city in appreciation and thanks to the dedicated Reserve Officers who volunteer their services to assist with this event; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Police Revenue $7,000.00 (101 - 420 -4214 -000 Crime Prevention) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $7,000 and wishes to express its gratitude to Turtleman Triathlon for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of December, 2007. 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: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6A Michael Grochala December 10, 2007 Ordinance No. 19 -07, Amending Section 3, Subd. 3.B of the Lino Lakes Zoning Ordinance Related to Unsewered Lot Size VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following prior direction from the City Council the City Attorney has drafted an amendment to Section 3, Subdivision 3.B of the zoning ordinance, to allow the creation of a parcel not less than one acre in area, where the creation of a new lot is needed to provide security to a third party lending institution for owner financing (3.B.2.b). Lots created under this exception, in addition to the existing requirements, would also need to record a covenant that prohibits transfer of the lots created unless they are combined. This requirement would not be applicable to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure (3.B.2.h). The first reading of the ordinance amendment was approved by the Council on November 26, 2007 with the additional phrase "of the existing habitable single family home." inserted at the end of Subd. 3.B.2. Following second reading and approval, the ordinance would be published and would take effect 30 days from the date of publication. OPTIONS 1. Approve second reading and passage of Ordinance 19 -07 2. Return to staff for further consideration. ATTACHMENTS 1. Ordinance No. 19 -07 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 19-07 AMENDING SECTION 3, SUBDIVISION 3.B OF THE ZONING ORDINANCE REGARDING EXCEPTIONS TO THE MINIMUM LOT SIZE FOR UNSEWERED RESIDENTIAL PROPERTIES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The Lino Lakes Comprehensive Plan establishes the policy to limit unsewered development to a 10 acre minimum lot size. 3. The applicability of certain home mortgage financing opportunities are limited by lot size requirements that conflict with the zoning ordinance requirements 4. Under certain conditions it is in the public interest to allow smaller lot sizes in unsewered areas to provide property owners the opportunity to utilize equity built up in their existing homesteads. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. Section 3, Subdivision 3.B. UNSEWERED LOTS. 1. Except as provided for in Section 3, Subd. 3A4, and Section 3, Subd. 3.B.2 of this Ordinance, the minimum unsewered lot size within any zoning district is ten (10) acres. 2. Where the following conditions exist, a lot of a minimum of one acre may be created, provided that: —34— • • • • • a. A habitable single family home has been constructed prior to July 13, 1992; or b. There exists a habitable single family home constructed after July 13, 1992, and the creation of a new lot is needed to provide security to a third party lending institution for owner financing of the existing habitable single family home. The following conditions shall apply to any lot created hereunder: c. The new lot that has a minimum area of one acre contains an existing habitable home, and d. The balance of the property is ten (10) acres or more, and e. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land, not including road right of way, electrical transmission line easements or pipeline easements, and f. Both the one -acre- minimum lot and lots made from the remaining land must meet all minimum lot requirements and provide for meeting setback and other structure requirements, and g. It can be demonstrated that all unsewered lots can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with Minn. Stat. 7080 and other applicable requirements. h. For lots created under 2.b herein, the applicant making a request for a lot split based upon requirements of a lending institution shall provide written verification from the lender of such requirements at the time the application is filed. For Tots created under 2.b herein, the property owner shall record with the Anoka County recorder a covenant that prohibits the transfer of any lots created under this section unless the same is combined into one parcel with the balance of the owner's property from which it was split or in accordance with the provisions of Section 3, Subdivision B.1. This requirement shall not apply to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure. 3. Two family dwellings and multiple family dwellings are not allowable uses upon unsewered lots. 4. All subdivisions in areas without public sanitary sewer shall be designed such that the larger non - sewered Tots can be resubdivided to provide smaller sewered lots when sewer becomes available in the future. Homes and accessory buildings shall be located on these lots so as to allow for future resubdivisions. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of December, 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Carlson 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. Council Member moved for adoption of the following ordinance: • • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: December 10, 2007 TOPIC: Public Hearing First Reading: Ordinance No. 18 -07 Vacating Portions of Two Drainage and Utility Easements, Lot 1, Block 9, Oakwood View (135 Ash Street) ACTION: 4/5 vote BACKGROUND The site is Lot 9, Block 1 within the Oakwood View plat, the final plat for which was approved in 2005 with Resolution 05 -26. This lot was platted to accommodate an enabling residence (group home) associated with the Rice Creek Covenant Church. The current plan for the enabling residence requires vacating parts of two drainage and utility easements platted with Oakwood View. One drainage and utility easement needs to be altered to allow for the building and another for the driveway. Easement vacations require a public hearing and city council approval by ordinance, which requires a first and second reading. ANALYSIS Discussion of the enabling residence in 2004 included a two story duplex structure with approximately 3500 square feet in each unit, for a total of 7000 sf. The current submittal is a one -story structure with a footprint of approximately 6300 sf. The application includes the vacation of portions of two separate drainage and utility easements. These easements were established with the final plat of Oakwood View. One area to be vacated is in the middle of the lot, at the northeast corner of the proposed building. Because the building itself has a larger footprint than originally envisioned, it would encroach into the drainage and utility easement. The vacation of this portion of the easement will not affect the drainage. The other easement to be vacated is in the location of the driveway leading to the building. This was a design oversight with the platting in 2004. The remaining easement will still allow the site to drain properly and will allow access to ponds. Both easements will still provide a minimum buffer of 10 feet around delineated wetlands. OPTIONS 1. Approve the first reading of Ordinance No. 18 -07 approving the vacation of portions of two easements. 2. Return to staff with direction RECOMMENDATION Option 1 • • • 110 Council Member - moved for adoption of the following ordinance: • • CITY OF LINO LAKES ORDINANCE NO. 18 -07 VACATING PORTIONS OF TWO DRAINAGE AND UTILITY EASEMENTS LOT 1, BLOCK 9, OAKWOOD VIEW The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate portions of existing drainage and utility easements: 1. The Rice Creek Covenant Church and CER of Minnesota have requested that the City Council vacate portions of two drainage and utility easements that were created with the final plat of Oakwood View, which was approved with Resolution No. 05 -26. 2. A public hearing was held on December 10, 2007 before the City Council after due published and posted notice had been given, and all persons interested were given an opportunity to be heard; 3. The proposed vacations were reviewed with the site plan and grading plans submitted for the enabling residence on the site. Stormwater management and wetland buffering will continue to comply with City requirements. Section 2 Such request is hereby granted and the portions of drainage and utility easements described as follows are hereby vacated: Those two parcels located within Lot 9, Block 1, Oakwood View which are more particularly described as follows: PARCEL NUMBER ONE Beginning at the Southwest Corner of said Lot 9; thence North 00 degrees 36 minutes 05 seconds East (Basis of Bearings: the most westerly line of said 9 has an assumed bearing of North 00 degrees 36 minutes 05 seconds East) along the most westerly line of said Lot 9, a distance of 100.02 feet; thence South 52 degrees 34 minutes 40 seconds East 6.18 feet; thence North 00 degrees 15 minutes 43 seconds East 68.20 feet; thence North 14 degrees 56 minutes 20 seconds East 29.71 feet; thence North 38 degrees 48 minutes 17 seconds East 90.90 feet; thence South 23 degrees 04 minutes 50 seconds West 99.69 feet to an angle point in said Lot 9; thence South 00 degrees 36 minutes 05 seconds West, along one of the lines which constitute the boundary of said Lot 9, a distance of 173.02 feet to the easterly terminus of the most southerly line of said Lot 9; thence North 88 degrees 38 minutes 13 seconds West, along the most southerly line of said Lot 9, a distance of 30.00 feet to the Point of Beginning. PARCEL NUMBER TWO Commencing at the southerly terminus of the most easterly line of said Lot 9; thence North 00 degrees 36 minutes 05 seconds East (Basis of Bearings: The most easterly line of said Lot 9 has an assumed bearing of North 00 degrees 36 minutes 05 seconds East) along the most easterly line of said Lot 9, a distance of 35.50 feet; thence North 80 degrees 21 minutes 57 seconds West 114.37 feet; thence North 41 degrees 07 minutes 02 seconds West 44.14 feet to the Point of Beginning of the Parcel Number Two to be described; thence North 05 degrees 26 minutes 55 seconds West 83.99 feet; thence North 24 degrees 38 minutes 08 seconds West 43.84 feet; thence North 90 degrees 00 minutes 00 seconds East 23.22 feet; thence South 00 degrees 00 minutes 00 seconds West 25.95 feet; thence South 01 degrees 46 minutes 51 seconds East 97.55 feet to the Point of Beginning. All in Anoka County, Minnesota. Section 3 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 18 -07, page 2 —40— • • • CERT FCAT • ; Or; - \ '7. • 50 01- )' EX FE S' WITH`,„_„„ 0134 FFLED, WE AIR, /l0iV: 8g5.58 •' • :4-, 1 i ico 90° ( ' \ , - .• . ......- \ --I • )899.6 ; \ \ \‘52..; \ \' %,•\ .59344 ktA ; x ts9s. .Lc; 'fige9&'.■_... I 0 OF SURVEY L. e ar1.3 et/and Drainage and \ '11.4f " 94.8 tility Easement NA • tv 7 4.8 894.9 0 201.6 zz \ `-r ss: - 23' S8910'5ErE 210630 —1739e-',7 025.5 894 9 • dt ,•;,\ .0%) , ii ''-' c9 \ - (.0 / 7 4Ir6siv:r. s '`5i. .. .• s • s , ' 4\ G e-; b ,VsI\ \ „ 0 u ! ; \ - Drainage and \ \ / Utility Easement c_ C95 9 7 \. -, \ 56o o0 /iR1%PAP V ' o s ON 51'. * -I's, • /• s , - . . e _- _ __ fte -4 6 6* - — . -T• t 7 -../ — c:.'s e_Ii i l L . I —94 - i / ti i 1 ---. _ _i_ $ • -7 \ \ 898.8 c.0 0 901.5 1 99F.6 0 P I cc; ..7_ 1120.00 ri °).--- ,5(<,.../7 ____ R 0 /-) x...6,--/ ,3 /, . .../ :.., / ..) '4-1 't '''e' cf7.cifm,„ - AF FLED WEIR in o', \ _, / ,...y, . op it-, 1, c.,6 , 6c, ( pig; iNv: 895.58 3 ......„5,7 901,4 / : ' 41/ C). .,,.: \ . 'a( i? iltig 0 GS I I 1 tni` 4 ' \ I li,. et ›§ct3 ' , -.0 / \j''. ii -696- \ eel .gliAlL._ ( R „... / Imprs.--, / ,c:b ',.._ ol \ — ,9_....\894-,-;___) x '4i, __,-- ::•(/' N. e'''. / 4. ,_., \ r" / .3, yif I i —39B- ----')/ P.aPAO' \---/ (: x 97.7s, ....\...., 1...._„4.%99.8 ... \ 897.5 ...7. 4,, ;,'" es .9, •••••- LI .--- L. 854.9 A I LLI - I 0 o — 94.2 b 0-; o co Z >894.7 CD FES WITH L ng Parking . \ z---\ / \ .,.C•1 ' '4? 111 _C 0 '. 0 Q.) ...., 4-.• u i• / \ 1 '',.. , ----, -o ''', \ ..1ciNi_...._ c.,1 Lig -T., t-s, CM '''' 0, CNI •sr : cl) _c 'd.5 .,... i.-,.... outrt (n ,' . f o 5)0 -1.4- a: .c.a- ..-4---... I- In c3 Access , Easementi Y Areas — \\ :RI 8 T-F-WAy PLAT NO. KA C OU N164"H CH WA Y z / 250.74 / 900.0 EXCEPTION S883813"E iot No. 48 (00. RD. J) (CSAH NC). 32) 599.6 30 in x N 898.3 r- )$99 4c3) o - / 30100 99i7. 280.74 N88°38'13"W ASH STPEET ASH STREET L N88'38'13"W (OSAH NO. '`.2) — et 6°4 - 's7.195.2 Rip 895.5 114733 ifs — -16-940 895- / •-• ” 7 "3, 0 I -0- -e- P) 7.2 346.63 - S8838'13"E •A' -17897.8 The North line of th East 340 ft. of---) t the West 1120 ft of the South 223 ft. of SE 1/4 of SW 1/4, Section 31, TWP. 31, RNG. 22 Existing House a: v>> 50 GRAPHIC SCALE N Existing House (CAH NO. 32) 541.43 (56 FEET) lthsb08 0- :xisting House S 1/4 Cor. • • Sec. 31, TWP. 31, RNG. 22. (Anoka Co. _Cast Iron Monument.) South line of Section 31, TWP. 31, RNG. 22 PARCEL DESCRIPTION 1.58 9, Block 1, Oakwood View, together with im casement for Ingress and Egress purposes ova and across the east 15055 of the south 65 feet of Lot 8, Block 1, Oakwood View, said Lor 9 being burdened by an casement for Ingress and BUMS purposes over sod across the most southerly 65 feet of said Lot 9 which benefits said Lor 8, Block 1, Oakwood View, Anoka County, Minnesota. SECTION 31, TWP. 31, RKIG 22 VICINITY MAP DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: 5.00-I — I-- I-5.00 110.00 1 HoT 80 SCAIF I BEING 5 FEET IN MTH AND ADJOINING SIDE LOT LJNES. AND 10 FEET IN 60114 AND ADJOINING STREET AND REAR LINES. UNLESS OTHERWISE SHOWN ON THtS PLAT. 58 • DENOTES FOUND IRON PIPE FOR THE PURPOSES OF NIS SURVEY 1118 50(110 UNE OF SW 1/4, SEC. 31, T,31, R. 22, IS ASSUMED TO HAVE A SEARING OF N 8031113" W. CITY OF LINO LAKES COUNTY OF ANOKA SEC. 31, T. 31, R. 22 !REM Porting wwwww Am= moray WatIVAF 87.1, 0587100 SISSISITE I 10 18 8r.. (280.1 00 32) 2110.25 lar3843•1, 9H CTPFT ASH Tow Slob, sr. al MO IL nth sr ars nu a. sr SS 1/458 del I/O. Sohn M. TR. M. MG SS EXCEPTION — \/\ Mow -1 Ne 32) ((I/O Ss. M. IMP. 31. IP* Cs Cos sem “sesonsest.) 1" : 80' DRAINAGE AND UTILITY EASEMENT VACATIONS SEE EASEMENT VACATION EXHIBIT PREPARED BY GLENN REHBEIN COMPANIES DATED 6-26-2007 I hereby certify that this plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Richard C. Person Date MN Reg. No. 23300 DD GRC FIELD #03505 V • \ I cri c \ 7ClIC_CADI,4-_7(11-17 0:/7C17C1/17 1 .A7.17 DM f-1 1/1/.44,-”- (1/8:EREBY CERTIFY 111AT 181‘ PLAN OR SPECIFICATION WAS PREPARED BY IAE OR UNDER MY DIRECT SUPERVISION AND -MAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA W.A.T. McCULLY KTE: __--REG 110,23138..) LL V/ AT M DRAWN CHECKED WATM DATE 06/22/2007 VERTICAL SCALE HORIZ. 1' : 30' JOB NO. 03505 BOOK PAGE SHEET 3 OF 8 sHEELsi SITE PLA\ 9 \ Lr REMOVE AND REINSTALL FE! /\AND WEIR r\ \ Fu��e Sanctutgy OR FRIENDSHIP PLAC Wetland I POND 2P /12P EMERGENCY OVERFLOW ELEV: 896.05 \ EX -100YR NW., 896.11 PROP -10DYR HW 896.191 8896.05 EMER. OVERFLOW Rain water garden -4 • .Ni WL: HWL: BOT: 8 .75 FFE 898.5 Proposed Enabling c, Residence E o 2 H9 Friendship Place 11 i JJI 'uture CIa sroor1^S EXISTING STORM PIPE AND STRUCTURES TO BE REMOVED X Impermeable Areow18,746 SF. 2.5- Storm Runoff-3.905 CY. RWG 2 Runoff Capacity -783 CYC.VII RWG 3 Runoff Copocity -1,367 • 4 RWG Runoff Capacity -1.788 Total Runoff Capacfty=3,958 CY. POND 16 Dead Storoge - 12,303 1F. (Replacing permitted 5 pond RCWS f 96 -90) r 0 0 Gn CD LC) Existing House (CSAH Na 32) L_ / \uLl 1 I\../1 N Existing House X Wetland POND 5P /9P EMERGENCY OVERFLOW ELEV: 895 100YR HW 895.02 Existing House t / - i1 GRAPHIC SCALE or rear ) t Nebo 30 ft- LEGEND 1 CLPT— PROP. FINISHED CENTERLINE — LOW POINT — HIGH POINT — FLOW LINE — STORM MANHOLE — CATCH BASIN — PROPOSED ELEV. e — PROPOSED STOP SIGN. — SPOT ELEVATION — WETLAND — EASEMENT VACATION LP HP FL I) X 895.69 EXISTING UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES, BEFORE COMMENCING WORK. HE OR SHE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING U11LI11ES. GOPHER STATE ONE CALL TWIN CITY AREA (651) 454 -0002 MN TOLL FREE 1- 800 - 252 -1166 WORK WTIi1N THE CSAH 32 (COUNTY) RIGHT -OF -WAY WILL BE SUBJECT TO THE CONDITIONS OF ANOKA COUNTY. INCLUDING ANY PERMITS AND RESTORATION REQUIREMENTS THE CONTRACTOR SHALL ADHERE TO ANY REQUIREMENTS RELATED TO CONSTRUCTION ACTIVITY AND WORKING HOURS AS ESTABUSHEO BY THE CITY OF UNO LAKES (HEREBY CERTIFY THAT 1HI5 PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER 119 DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA W.A.T. MCCULLY J / DRAWN WATM CHECKED WATM DATE 06/22/2007 VERTICAL SCALE HORIZ. : 30' JOB NO. 03505 BOOK PAGE SHEET 2 8 SHEEfSJ • • • AGENDA ITEM 6C STAY'F ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: December 10, 2007 TOPIC: Resolution No. 07 -194, Approving Payment Request No. 2 (Final), 2007 Surface Water Management Project, Outfall Cleaning. VOTE REQUIRED: Simple Majority BACKGROUND: At the July 23, 2007 meeting, City Council awarded the 2007 Surface Water Management, Outfall Cleaning Contract to Jay Brothers, Inc. The contractor for the Surface Water Management, Outfall Cleaning, Jay Brothers, Inc. is requesting City approval of Payment No. 2 (Final) in the amount of $822.50. A copy of the final payment is attached.. The change order authorized by the Council October 8, 2007, addresses the additional outfall cleaning that was directed by Public Works. Staff recommends approval of Payment No. 2 (Final) in the amount of $822.50, which results in a total project cost of $16,450.00. The total project cost is under the engineer's estimate of $17,500. RECOMMENDATION: Staff recommends the approval of Resolution No. 07 -194, Approving Payment Request No. 1 (Final), 2007 Surface Water Management Project, Outfall Cleaning. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -194 APPROVING PAYMENT REQUEST NO. 2 (FINAL) 2007 SURFACE WATER MANAGEMENT PROJECTS, OUTFALL CLEANING WHEREAS, pursuant to the resolution of the Council adopted July 23, 2007, awarding the contract for 2007 Surface Water Management Projects, Outfall Cleaning to Jay Brothers, Inc.; WHEREAS, a complete breakdown is detailed in attached Payment No. 2 (Final); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment No. 2 (Final) in the amount of $822.50, which results in a total project cost of $16,450.00 are approved for the 2007 Surface Water Management Projects, Outfall Cleaning. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of December, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • TKDA • ENGINEERS • ARCHITECTS • PLANNERS 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292-0083 Fax www.tkda.com Pro}. No. 13849.002 Cert. No. 2(F) St. Paul, MN, October 31 , 20 07 To City of Lino Lakes, Minnesota This Certifies that Jay Bros., Inc. For 2007 Surface Water Management Is entitled to being 2nd Owner , Contractor Eitrht Hundred Twenty -Two Dollars and 50/100 FINAL estimate for payment on a contract with you dated July 30 , 2007 ($ 822.50) Received payment in full of above Certificate. TIDA Jay Bros., Inc. i , 20 Thomas D. Prew P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity —43— CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 15,300.00 All previous payments $ 15,627.50 All previous credits Extra No. Change Order No. 1 $ 1,150.00 Credit No. $ - II III V1 VI ,1 11 II VI AMOUNT OF THIS CERLLEICATE $ 822.50 Totals $ 16,450.00 $ 16,450.00 $ - Credit Balance $ - There wffl remain unpaid on contract after payment of this Certificate $ - 1 $ 16,450.00 I $ 16,450.00 d $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity —43— TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2(F) Period Ending October 31 , 20 07 Page 1 of 1 Proj. No. 13849.002 Contractor Jav Bros.. Inc. Original Contract Amount $15,300.00 Project 2007 Surface Water Manaeement Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ $ 15,300.00 $ 0.00 1,150.00 $ 1,150.00 $ 16,450.00 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 15,627.50 Total Deductions Amount Due This Estimate 15,627.50 $ 822.50 Date / / -/� D Dater 3/- 7 • • • ,1MATE NO. 2(F) 607 SURFACE WATER MANAGEMENT Y OF LINO LAKES, MINNESOTA ..DA PROJECT NO. 13849.002 ITEM NO. DESCRIPTION STORM SEWER PIPE CLEANING 1 MOBILIZATION 2 CLEAN /OPEN STORM SEWER OUTFALL 3 TRAFFIC CONTROL TOTAL BASE BID CHANGE ORDER NO. 1 1 CLEAN /OPEN STORM SEWER OUTFALL PERIOD ENDING: October 31, 2007 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE 1.0 1.0 $ 1,000.00 $ 1,000.00 12.0 12.0 $ 1,150.00 $ 13,800.00 1.0 1.0 $ 500.00 $ 500.00 $ 15,300.00 LS 1.0 1.0 $ 1,150.00 $ 1,150.00 TOTAL ESTIMATE NO. 2(F) $ 16,450.00 • • • • • DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES CANVASSING BOARD : November 13, 2007 . 6:25 p.m. . 6:30 p.m. : Council Members Carlson, O'Donnell and Mayor Bergeson : Reinert, Stoltz Staff members present: City Administrator, Gordon Heitke; Deputy City Clerk, Jean Viger; and City Clerk, Julie Bartell Deputy City Clerk Viger reviewed the results of the Lino Lakes election held on November 6, 2007. As requested, a copy of the print -out lists from the ballot scanning equipment and a list of write -in votes was distributed. Board Member Carlson noted that the number of voters registered when the polls opened had decreased from the close of the last election. Deputy Clerk Viger explained that would normally be due to the removal of registered voters who have not voted for a certain amount of time. A question was posed regarding background information on the last election (2006), specifically regarding the recount of a race. Canvassing Board Member Carlson moved to accept the November 6, 2007 General Election Results, as presented. Canvassing Board Member ODonnell seconded the motion. Motion carried unanimously. Being no further business, Canvassing Board Member ODonnell moved to adjourn at 6:28 p.m. Canvassing Board Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at the regular Council meeting held on November 26, 2007. City Clerk, Julianne Bartell John Bergeson, Mayor • • AGENDA ITEM 8D STAFF ORIGINATOR: Gordon Heitke MEETING DATE: December 10, 2007 TOPIC: Substitute Charter Amendment submitted by the Lino Lakes Charter Commission VOTE REQUIRED: 3/5 BACKGROUND After receiving the report and recommendations of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements in July 2007, the council acted to refer a proposed charter amendment to Chapter VIII of the City Charter (Public Improvements and Special Assessments) to the Lino Lakes Charter Commission. This referral follows the process established by state statute for amendments proposed by council (Minnesota Statutes, Section 410.12, Subd. 5). A charter commission is allowed 60 days to approve, reject or submit a substitute amendment with a 90 day extension period if requested. The commission exercised their right for an extended review period thus making their response due back to the council by December 6, 2007. On November 30, 2007, the Lino Lakes Charter Commission submitted the attached substitute charter amendment to City Hall. The amendment was delivered to the Council and reviewed briefly at the council work session on December 3, 2007. The council indicated that they will be further reviewing and discussing the proposed substitute amendment during the first quarter of 2008. The council also referred the proposed substitute amendment to the city attorney for review and process recommendations COUNCIL ACTION The City Council is requested to officially accept the substitute charter amendment submitted to the City on November 30, 2007. ATTACHMENTS Substitute Amendment to Chapter VIII recommended by the Charter Commission The Lino Lakes Charter Commission has completed its review of Ordinance 07 -07, proposing amendments to Charter Chapter VIII, Public Improvements and Special Assessments. We understand the concerns being raised by the City Council. Rather than simply approve or reject the Council proposed amendment, we have prepared a substitute amendment that we believe strikes a better balance between the concerns of the City Council and the concerns shared by many Lino Lakes residents. We also recognized the opportunity to clean up confusing language, clarify procedures, and generally make Chapter VIII of the Charter more readable and useful to everyone. Attached is the substitute amendment proposed by the Charter Commission. The most significant provisions are as follows: 1. A referendum is no longer required for a road reconstruction project. When a project would be paid for out of the general revenue fund, taxpayers may petition for a referendum. This preserves the rights of the taxpayers to stop projects, while also requiring that enough taxpayers sign a petition. 2. Special assessment projects may be initiated in three ways. One, if all the property owners agree to pay all of the cost of the project, as in the existing Charter, the City Council may approve the project just as described in state law. Two, if more than 25% of the property owners (but less than 100 %) petition for a project, the City Council may order a feasibility study by a 3/5 majority. Three, the City Council itself may initiate a project by a 4/5- majority vote. 3. After the feasibility study is done, notices are sent to the affected property owners with enough detail to let them know how the public improvements will change the look and use of property around them, and an estimate of their special assessment. 4. The feasibility study will need to include alternatives, so that the residents and the City Council can see what it would cost to do some, rather than all, of the project. Those alternatives also would be included in the information sent to the affected property owners. 5. Property owners would be given a chance to indicate which alternative they prefer. Rather than building or rejecting an entire project, this will give the City the flexibility to do special assessment projects approved by the neighborhoods. The Charter Commission respectfully recommends that the City Council place this amendment on the ballot in November of 2008. Respectfully submitted, Cori M. Duffy Chair, Lino Lakes Charter Commission • • • • SUBSTITUTE AMENDMENT TO CHAPTER 8 RECOMMENDED BY THE CHARTER COMMISSION Section 8.01. Power to Make Improvements. Subdivision 1. Power. The City may make any type of public improvements not forbidden by law. Subd. 2. Local nature of improvements. All public improvements funded in part through either general revenue or special assessments shall be primarily designed to give a direct benefit to property currently occupied by residents or businesses in the City. Public improvements primarily designed to open up new areas of the City for development may not be funded in part through general revenue or through special assessments (except as provided in Section 8.04, Subd. 3 below). Section 8.02. Relation to State Law. Except as otherwise specified in this Charter, the City shall follow the procedures set forth in • state law relating to local improvements and special assessments. Section 8.03. Power to Impose Special Assessments. Subdivision 1. Need a special benefit. The City may impose special assessments to pay for all or a part of the cost of the public improvements when the public improvement provides a special benefit to adjacent or nearby properties, except as provided in Subd. 2 below. Subd. 2. Street maintenance. The City shall not impose special assessments for maintenance of its streets. Maintenance includes overlays, sealcoating, and other improvements to care for the street surface between the date the street was constructed and the date the street will be reconstructed. Subd. 3. Sanitary sewer connections. When public improvements include sanitary sewers, the City shall not require an adjacent or nearby property to connect to those sewers if the property is served by a properly working private sewage disposal system (e.g., a septic system). The property may be required to connect to the sanitary sewer system when either the private sewage disposal system fails, or the property is conveyed to a new owner, whichever occurs first. Subd. 4. Uniformity and maximum. Special assessments shall be imposed uniformly on similar properties. The special assessment on each property shall not exceed the benefit to that property. • Section 8.04. How to Initiate Public Improvements for Which Special Assessments may be Imposed. Subdivision 1. Policy. The City desires to protect existing residents and businesses from having to pay special assessments for public improvements they do not want. Therefore, the process for initiating public improvements is restrictive. Subd. 2. Three ways to initiate public improvements. Special assessments may not be imposed for public improvements unless the public improvements are initiated in one of the ways described in subdivisions 3, 4, and 5 below. Subd. 3. Petition signed by 100 %. The owners of 100% of the property proposed to be specially assessed for public improvements may present a petition to the City Council. The petition shall generally describe the public improvements to be studied, and specifically identify the property proposed to be specially assessed. The petition must be accompanied by an agreement that these owners agree to pay 100% of the cost of the public improvements. Upon receipt of such a petition and agreement, the City Council may adopt a resolution to initiate these public improvements by a simple majority vote. These public improvements need not comply with Section 8.01, Subd. 2 above. Aside from the requirements of this subdivision, state law shall govern these public improvements. Subd. 4. Petition signed by 25% or more. The owners of more than 25 %, but less than 100 %, of the property proposed to be specially assessed for the public improvements may present a petition to the City Council. The petition shall generally describe the public improvements to be studied, and specifically identify the property proposed to be specially assessed. The City Council may adopt a resolution ordering a feasibility study for these public improvements by a majority vote of all members of the City Council. In determining whether sufficient signatures are present on the petition, the following four rules shall be followed: (1) The signers must own at least 25% of the total number of lots proposed to be specially assessed. For unplatted property, each existing parcel of land shall be considered one lot. The owner of a small lot gets one vote, the same as the owner of a large lot. (2) If more than one person owns a particular lot, only one signature will be counted for that lot. (3) If more than one lot is owned by a person, that person's signature will be counted only once. (4) If multiple owners of a lot also own an additional lot or lots, only one signature will be counted for all the owners and all their lots. This is intended to keep any one owner from dominating the process. -2- • • • • • Subd. 5. No petition. The City Council may initiate public improvements without a signed petition. The resolution shall generally describe the public improvement to be studied, and specifically identify the property proposed to be specially assessed. The City Council may adopt a resolution ordering a feasibility study for these public improvements by the affirmative vote of four -fifths all members of the City Council. Section 8.05. Feasibility Study. Subdivision 1. Contents. Once public improvements have been initiated under Section 8.04, Subd. 4 or Subd. 5, the City Council shall direct staff to do a feasibility study. In addition to any requirements under state law, the feasibility study shall contain the following information: (1) a list of the recommended public improvements; (2) changes in the appearance or use of property, such as trees to be removed, easements acquired, and new or changed storm water facilities; (3) the projected cost for the recommended public improvements; (4) a list of the properties proposed to be specially assessed for the recommended public improvements; and (5) an estimated special assessment per lot for the recommended public improvements. Subd. 2. Alternatives. If more than a single public improvement (e.g., street lights) is proposed, the feasibility study shall include information on alternatives, such as doing individual improvements or doing different combinations of the improvements (e.g., just streets, streets and street lights, streets and curb and gutter, streets and sanitary sewers, etc.). If one of the public improvements is reconstruction or other work to improve an existing street, one alternative must be to do only the street. The feasibility study shall contain the information listed in Subd. 1 above for each of the alternative combinations. Section 8.06. Public Hearing. Upon being notified that staff has completed its feasibility study, the City Council shall adopt a resolution scheduling a public hearing on the proposed public improvements. The hearing shall be scheduled for a date at least two weeks away. In addition to the requirements in state law, the notice of the public hearing that is sent to the property owner shall be sent by certified mail, and shall include the information described in Section 8.05. Section 8.07. Indication of Preferences. Subdivision 1. Waiting period. After the public hearing, there shall be a period of at least 60 days prior to the next City Council action on the proposed public improvements. Property owners proposed to be specially assessed are given this 60 -day period so that they may indicate their preference regarding the proposed public improvements. Each indication of preference -3- shall be in writing, signed by the property owner, and state whether the property owner prefers all, a specific one of the alternative combinations, or none of the recommended public improvements. Subd. 2. Preferences counted. Property owners who signed a petition to initiate the public improvements shall be considered to have indicated a preference for all of the public improvements described in the petition, unless they indicate a different preference during the 60- day waiting period. The restrictions on who may sign a petition, described in Section 8.04, Subd. 4 above, also apply to determine who may indicate a preference. If multiple owners of a lot or lots indicate different preferences, no preferences shall be counted for that lot or lots. Subd. 3. Utilities in streets. Some utilities typically are installed during street improvements, which usually costs less than constructing the streets and utilities separately. If property owners prefer an alternative which results in a street being improved without utilities recommended by staff, then the utilities may not be installed in that street within five years after completion of the street, unless the installation of utilities and any related street repair will be paid for without using any of the City's general revenue. Section 8.08. City Council Action. Subdivision 1. Approval of preferred alternative. At the first regular City Council meeting occurring after the 60 -day period ends, the City Council shall approve the alternative which was preferred by the largest number of property owners. If the largest number of property owners indicated a preference that none of the recommended public improvements be constructed, then the City Council shall not approve any of the proposed public improvements. Subd. 2. Second waiting period. If the preferred alternative is to have some or all of the public improvements constructed, then there shall be a period of at least 60 days between the day the City Council approves the preferred alternative and the date of the next City Council action on the proposed public improvements. Taxpayers are given this 60 -day period so that they may petition for a referendum as provided in Section 8.09 below. Section 8.09. Taxpayer Referendum. Subdivision 1. Petition. When a proposed public improvement is to be funded in part through general revenue, the taxpayers of the City may petition for a referendum on the public improvements. Any registered voter may sign the petition for a referendum. To trigger a referendum, the number of valid signatures on the petition must equal or exceed 12% of the number of votes cast for mayor in the last mayoral election. -4- • • • • • • Subd. 2. Timing. Prior to the first regular City Council meeting occurring after the end of the 60 -day period described in Section 8.08, Subd. 2, the taxpayers must submit their petition for a referendum to the City. If the petition is not submitted prior to that meeting, or does not have sufficient valid signatures, no referendum is required. If the petition is timely submitted, with sufficient valid signatures, the City Council shall order the public improvements to be placed on the ballot at the next general or special election. Subd. 3. Voting. The ballot shall ask voters if they want to use general tax dollars to pay for a portion of the described public improvements. The actual ballot language shall give a general description of the public improvements proposed to be constructed. Subd. 4. Public improvements rejected. If a majority of those voting on the issue are opposed, the City Council shall not proceed with the proposed public improvements. The City Council may not initiate the same or substantially similar public improvements within the next 12 months. Subd. 5. Public improvements approved. When proposed public improvements are allowed under Subd. 3, the City Council shall adopt a resolution approving the public improvements. If, after bids are received on the public improvements, the proposed contract exceeds the estimates described in Section 8.05 above by more than ten (10 %) percent, the City Council may not award the contract for the proposed improvement. The City Council may rebid the public improvements once. Section 8.10. Specified Commercial Area. Subdivision 1. Not as restricted. The area described in Subd. 2 below is not subject to the restrictions set forth in Sections 8.04 through 8.09 above. However, certain single family residences are protected in this area as indicated in Subd. 3 below. Subd. 2. Area description. This is an area generally known as the intersection of Interstate 35W and Trunk Highway #49 (Lake Drive). More specifically, this area is described as follows: - the north one half (1 /2) of the southwest quarter (1/4) of Section 18; and - that part of the south one half (1/2) of the southwest quarter (1/4) of Section 18 lying north of the Interstate 35W right -of -way; and - that part of the southwest quarter (1/4) of Section 17 lying west of the Trunk Highway #49 (Lake Drive) right -of -way; and - all of the northwest quarter (1/4) of Section 17, except that part of the southeast quarter (1/4) of said northwest quarter (1/4) of Section 17 described as follows: beginning at a -5- point at the intersection of the south line of said southeast quarter (1/4) of the northwest quarter (1/4) with the east right -of -way line of Trunk Highway #49; thence northeasterly along said right -of -way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 feet (+ or -) to east line of said southeast quarter (1/4) of the northwest quarter (1/4); thence south along said east line 588.5 feet (+ or -) to the south line of said southeast quarter (1/4) of the northwest quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning; and - the north 720 feet of that part of the southwest quarter (1/4) of the northeast quarter (1/4) of Section 17 lying west of the Anoka County Park property; and - that part of the north one half (1/2) of the northeast quarter (1/4) of Section 17 lying west of the Anoka County Park property; and - the south one half (1/2) of southeast quarter (1/4) of the southeast quarter (1/4) of Section 8; and - the southeast quarter (1/4) of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 8; and - the east 330 feet (+ or -) of the northeast quarter (1/4) of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 8. Subd. 3. Single family residences protected. Special assessments shall not be imposed on a single family residence if the residence meets all three of the following criteria: (1) The residence is located within the area described in Subd. 2 above; and (2) At least 80% of the residence is used exclusively as the owner's residence, and not for a business; and (3) The residence has been owner- occupied since at least September 30, 1993. If the residence was empty between owners, this still counts as owner occupied. Subd. 4. Notice and objection. When public improvements are proposed which would result in special assessments on a single family residence located in the area described in Subd. 2 above, the City shall send a certified letter to the owner of the residence prior to the first public hearing on the proposed public improvements. In addition to the requirements in state law, the letter shall inform the owner that the owner will not be specially assessed if (a) the owner's residence meets the three criteria in Subd. 3 above (which shall be listed in the letter), and (b) the owner gives the City Clerk a written statement, prior to the close of the public hearing, that the owner objects to being specially assessed. -6- • • • • Subd. 5. Effect of objection. The City shall not assess an owner who submits a signed written statement objecting to being specially assessed, as described in Subd. 4, unless the City can prove that the single family residence does not meet the criteria in Subd. 3 above. Subd. 6. Later connection. If the public improvements include utilities and the owner connects to one or more of those utilities within five years after the completion of construction of the improvements, then the owner shall be considered to have consented to being specially assessed for the public improvements. The City may impose the special assessments at that time, in the amount that would have been imposed had the owner been specially assessed when the public improvements were constructed. -7-