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04/26/2010 Council Packet
CITY COUNCIL AGENDA Monday, April 26, 2010 ** **** ** *** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty Acting City Administrator: Dan Tesch CLOSED COUNCIL SESSION,. Discussion of proposed purchase of property :rah COUNCIL WORK SESSION, to follow cic Community Room (not televised) Review of Regular Meeting Agenda Jr- ➢ Call to Order — 6:30 P.M. ➢ Roll Call - Council Members Gallup, O'Donnell, Roeser & Raffert, and Mayor Reinert were present Pledge of Allegiance ➢ Open Mike / Public Comment None Setting the Agenda: Addition or deletion of agenda items No changes to agenda CONSENT AGENDA A) Consideration of Expenditures: i) April 26, 2010 (Check No. 88028 through 88164) in the amount of $369,562.93; ii) Centennial Fire District (Check No. 4252 through 4272) in the amount of $27,862.62 B) Consider approval of April 5, 2010 Work Session Minutes C) Consider approval of April 14, 2010 Joint Meeting with Planning & Zoning Board Minutes Action Taken: Motion by O'Donnell, seconded by Roeser, to approve the Consent Agenda, Items 1A through 1C, was adopted Pg 4 -21 Pg 22 -23 Council Agenda -2- April 26, 2010 2. FINANCE DEPARTMENT REPORT, Al Rolek • No report ADMINISTRATION DEPARTMENT REPORT, Dan Tesch A) Consider Lease Agreement with North Memorial Ambulance, Dan Tesch (Postponed 4- 12 -10) Action Taken: Motion by Gallup, seconded by Rafferty, to continue postponement to the next regular meeting, was adopted B) Consider Update the City's AWAIR (A Workplace Accident & Pg 24 -38 Injury Reduction) Program Action Taken: Motion by Gallup, seconded by O'Donnell, to approve the program as presented, was adopted PUBLIC SAF EP; TMENT REPORT, Have Pecchia ,s No Report PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report litt REPORT, Michael Grochala A) Consider First Reading of Ordinance No. 06 -10, Vacating a Pg 39 -42 Drainage and Utility Easement, 1612 Birch St., Michael Grochala Action Taken: Motion by Rafferty, seconded by Gallup, to approve first reading of Ordinance No. 06 -10, was adopted B) Consider Resolution No. 10 -38, Approving an Interim Use Pg 43 -52 Permit for Open and Outdoor Storage in a Light Industrial District, 2209 Phelps Road, Jeff Smyser Action Taken: Motion by O'Donnell, seconded by Rafferty, to approve the Resolution with the amendments that were discussed and authorized by the council, was adopted C) Tree Disease Ordinance i. Consider Second Reading, Ordinance No. 07 -10, Amending City Code Chapter 902, Tree Diseases Relating to Emerald Ash Borer, Marty Asleson Action Taken: Motion by Gallup, seconded by Roeser, to approve second reading and adoption of Ordinance No. 07 -10, was adopted: Yeas, 5; Nays none Pg 53 -59 Council Agenda -3- April 26, 2010 ii. Consider Resolution No. 10 -41, Authorizing summary publication of Ordinance No. 07 -10, Marty Asleson Action Taken: Motion by O'Donnell, seconded by Rafferty, to approve Resolution No. 10 -41 as presented, was adopted D) Extending Deadlines Pg 60 -70 i. Consider Resolution No. 10 -33, Extending Deadlines for Main Street Village Planned Unit Development and Conditional Use Permits, Jeff Smyser ii. Consider Resolution No. 10 -34, Extending Deadlines for The Preserve Planned Unit Development, Jeff Smyser iii. Consider Resolution No. 10 -35, Extending Deadlines for Moon Marsh Planned Unit Development, Jeff Smyser iv. Consider Resolution No. 10 -36 Approving an Extension of Time for Century Farm North 5th Addition, Paul Bengtson Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolutions No. 10 -33, 10 -34, 10 -35 and 10 -36 as presented, was adopted E) Town Center Design & Development Guide Pg 71 -73 Consider Resolution No. 10 -30, approving a summary of Ordinance No. 05 -10 for publication purposes, Jeff Smyser Action Taken: Motion by Gallup, seconded by O'Donnell, to approve Resolution No. 10 -30 as presented, was adopted F) Pine Street Paving Improvements, James E. Studenski i. Consider Resolution No. assessed. Action Taken: Motion approve Resolution No 10 -39, Declaring Costs to be Pg 74 -80 by O'Donnell, seconded by Roeser, to . 10 -39 as presented, was adopted ii. Consider Resolution No. on Proposed Assessment Action Taken: Motion approve Resolution No. 10 -40, Calling for a Public Hearing s. by Roeser, seconded by Rafferty, to 10 -40 as presented was adopted 7. UNFINISHED BUSINESS` None Council Agenda -4- April 26, 2010 A) Consider approval of April 12, 2010 City Council Meeting Pg 81 -86 Minutes Council Members O'Donnell & Rafferty absent Action Taken: Motion by Gallup, seconded by Roeser, to approved the minutes as presented, was adopted (O'Donnell and Rafferty abstained) B) Consider approval of April 12, 2010 Board of Appeal Minutes Pg 87 -88 Council Member O'Donnell & Rafferty absent Action Taken: Motion by Gallup, seconded by Roeser, to approved the minutes as presented, was adopted (O'Donnell and Rafferty abstained) Adjournment Werp Meeting adjourned at 7:40 p.m. on a motion by O'Donnell and a second by Roeser. Community Calendar- A Look Ahead April 27, 2010 through May 10, 2010 • Wednesday, April 28 • Monday, May 3 • Monday, May 3 • Tuesday, May 4 • Thursday, May 6 • Monday, May 10 6:30 pm, Council Chambers 5:30 pm, Community Room cancelled 6:30 p.m. 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board Special Mtg of Environmental Bd EDAC City Council Meeting M EXPENDITURES APRI=L 26th, 2010 • • Date: 04/21/2010 Time 07:44:14 Ranges: Operator: KKF Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 8589 - 8610 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION SENIORS FINANCE LEGAL CONSULTANTS AFSCME COUNCIL #5 APRIL 2010 DUES INTL UNION OF OPER E MONTHLY IUOE DUES LAW ENFORCEMENT LABO APRIL 2010 DUES METRO COUNCIL ENVIRO MARCH 2010 SAC CHARGES MN DEPT OF LABOR /IND 1ST QTR 2010 BLDG PERMIT MN CHILD SUPPORT PAY BRIAN C HRONSKI ID 00140 MN CHILD SUPPORT PAY BRIAN C HRONSKI ID# 0014 MN NCPERS LIFE INSUP. APRIL 2010 INS PREMIUM OBRESTAD, JOHN R & M PERMIT NO 2010 -00114 REF EGAN MECHANICAL CONT PERMIT FEE REFUND /FIRE A Total for Department ACCLAIM BENEFITS QUICKSILVER EXPRESS PRESS PUBLICATIONS, PRESS PUBLICATIONS, PERSONNEL DECISIONS U S BANK VISA INTERNATIONAL MINNESOTA UI APMP OF MINNESOTA Total for Department 402 PUBLIC MARCH 2010 FSA MONTHLY C COURIER TO PDI BITUMINOUS SEALCOAT PUBL REMOVE /INSTALL CMP PUBLI CITY ADMIN. RECRUITMENT/ BEST WESTERN HOTEL /ST CL DAN TESCH MEMBERSHIP DUE 1ST QTR 2010 UNEMPLOYMEN 2010 MEMBERSHIP RENEWAL TDS METROCOM MN MONTHLY TELEPHONE CHARGE Total for Department 406 ROSEVI7.T.r, CITY OF APR 2010 JOINT POWERS AG Total for Department 407 SWEENEY, BORER, & SW MONTHLY PROSECUTION SVCS Total for Department 414 ECONOMIC DEVELOPMENT MN METRO NORTH TOURI HAMPTON INN HOTEL /MOTEL Total for Department 415 PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING NELSON, ROBERT LADEN, PERRY HYDEN, MICHAEL TRALLE, PAUL PRESS PUBLICATIONS, 1ST QTR 2010 P &Z BOARD S 1ST QTR 2010 P &Z BOARD S 1ST QTR 2010 P &Z BOARD 5 1ST QTR 2010 P & Z BOARD VACATION OF EASEMENT PUB 814.78 496.00 1,008.00 6,237.00 578.90 681.40 681.40 336.00 40.00 45.64 10,919.12* 123.75 26.82 127.20 127.20 5,000.00 286.56 145.00 2,953.00 30.00 8,819.53* 36.49 36.49* 5,769.58 5,769.58* 10,886.31 10,886.31* 2,132.75 2,132.75* 100.00 100.00 50.00 150.00 31.80 • Date: 04/21/2010 Time 07:44:15 Department Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING & ZONING PLANNING & ZONING PLANNING & ZONINGG PLANNING & ZONING PLANNING & ZONING COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE akE E POLICE POLICE POLICE POLICE POLICE FIRE FIRE U S BANII VISA GOVN'T TRAINING SVCS -P L U 0 BANK VISA SLUC - J SMYSER PROGRAM POGALZ, BRIAN 1ST QTR 2010 P &Z BOARD 0 ROOT, MICHAEL 1ST QTR 2010 P &Z BOARD S BRADY, ELIZABETH 1ST QTR 2010 P &Z BOARD S Total for Department 416 PRESS PUBLICATIONS, CITY'S STORM WATER PUBLI MINNESOTA UI 1ST QTR 2010 UNEMPLOYMEN Total for Department 418 ANOKA COUNTY CENTRAL 1ST QTR 2010 MDT STATE A ANOKA COUNTY CENTRAL 2010 MESE USER FEE ANOKA COUNTY CENTRAL ANNUAL MOTOROLA RADIO SV ANOKA COUNTY CENTRAL MAR.2010 WIRELESS INTERN TDS METROCOM MN MONTHLY TELEPHONE CHARGE BILL'S GUN SHOP /RANG RANGE USAGE /HEARING & EY JASON BOBBY & STEVE' CAR WASHES HAGER, DALE USPCA K.9 NARCOTIC TRIALS O'REILLY AUTOMOTIVE, SPARK PLUG CONNEXUS ENERGY MONTHLY ENERGY USAGE FAST BREAK CORNER MA CAR WASHES INTOXIMETERS, INC. REPAIRED /RETURNED /BACK I MINNESOTA SHREDDING LLPD /DOCUMENT SHREDDING SAM'S CLUB, INC. LLPD MISC SUPPLIES STREICHER'S, INC. T NOLL UNIFORM ALLOWANCE VISA FILINGS FOR LL VOLUNTEER VISA GOVERNER'S CONFERENCE RE VISA GOVERNER'S CONFERENCE RE VISA PARTS FOR LAPTOPS VISA SUBS CHARGE OF PUBLIC SA CJDN CONNECT CHRGS /TERMI L. HAWKINSON SPRING TRAI CPR INSTRUCTORS Total for Department 420 BUILDING INSPECTIONS BUILDING INSPECTIONS STREETS STREETS STREETS STREETS STREETS STREETS U S BANK U S BANK U S BANK U S BANK U S BANK MN DEPT PLEAA HEART & SOUL CENTENNIAL FIRE DIST CITY OF LL SHARE OF 2010 MINNESOTA UI 1ST QTR 2010 UNEMPLOYMEN Total for Department 421 U S BANK. VISA CODE BOOKS U 5 BANK VISA INT'L CODE COUNCIL MEMBE Total for Department 422 GOODIN COMPANY, INC. ALLIED BLACKTOP, INC AMERICAN ENGINEERING ANOKA COUNTY CENTRAL TDS METROCOM MN BLACKBIRD, JIM ERW GALV PIPE PE /CUT IN 2010 CONTRACT SPRING SWE STREET SWEEPING ANALYSIS 2010 ME5B USER FEE MONTHLY TELEPHONE CHARGE J BLACKBIRD CLOTHING ALL 120.00 38.00 100.00 100.00 50.00 839.80* 35.78 2,233.00 2,268.78* 900.00 695.52 1,830.00 468.36 673.88 39.54 145.00 110.00 2.66 21.37 4.79 94.24 46.50 77.50 80.21 80.00 225.00 225.00 26.16 26.49 390.00 25.00 460.00 6,647.22* 129,011.00 5,382.00 134,393.00* 235.68 100.0D 335.68* 2,238.09 13,738.00 1,150.50 347.76 36.49 177.99 Date: 04/21/2010 Time 07:44:15 Operator: KKF Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET RICK JOHNSON DEER 6 LABOR /MATERIAL FOR DEER UNIQUE PAVING MATERI C/M BULK, UPM $2 WINTER UNIQUE PAVING MATERI C/M BULK, UPM $2 WINTER CONNEXUS ENERGY MONTHLY ENERGY USAGE DEWOLFE, THOMAS REIMBURSE FOR SAFETY MEE MENARDS, INC. 4X4 -8' AC2 TREATED GC MENARDS, INC. PREMIXED CONCRETE MIX AMERICAN MESSAGING MONTHLY PAGER SERVICE MECKLE, TERRY T MECKLE CLOTHING ALLOWA XCEL ENERGY MONTHLY ELEL1'xIC CHARGES VIKING INDUSTRIAL CE C MILLER CLOTHING ALLOWA VIKING INDUSTRIAL CE ZTEK SAFETY GLASSES /BARR MINNESOTA UI 1ST QTR 201D UNEMPLOYMEN WRIGHT /HENNEPIN CO -0 MONTHLY STR LIGHT MAINT Total for Department 430 MACQUEEN EQUIPMENT, SD BRM SUSPENSION CABLE AMERICAN FASTENER & HX ROD COUPL NUT /POLY SH A -1 HYDRAULIC SALES/ HIGH PRESSURE SPRAYER HO POMP'S TIRE SERVICE, OFF ROAD SVC /0- RING /FLAT BAUER BUILT, INC. 6 21585R16 E FI TRANSFOR O'REILLY AUTOMOTIVE, AIR FILTER /OIL FILTER O'REILLY AUTOMOTIVE, AIR FILTERS O'REILLY AUTOMOTIVE, HYD FILTER O'REILLY AUTOMOTIVE, ILDR ARM BKT O'REILLY AUTOMOTIVE, OIL FIL'1R (S) O'REILLY AUTOMOTIVE, TRANS /FUEL /OIL FILTERS EGAN OIL COMPANY 2000 GALLONS UNLEADED GA EMERGENCY AUTOMOTIVE 2 OUTLET 40 WATT STROBE G & K SERVICES, INC. SHOP TOWELS MENARDS, INC. CREDIT- STATEMENT ENDING FACTORY MOTOR PARTS MARINE BATT/PRO BATT FACTORY MOTOR PARTS RETURN SEMI LOADED CALIF U S BANK VISA DAKOTA CO DOT RECERTIFIC U S BANK VISA OXYGEN SENSOR HARMON AUTOGLASS REPLACE WINDSHIELD /2002 JDI SIGNS & GRAPHICS GERBER EDGE PRINTS /VINYL Total for Department 431 GOVERNMENT BUILDINGS ACE SOLID WASTE, INC GOVERNMENT BUILDINGS AID ELELERIC SERVICE GOVERNMENT BUILDINGS WHITE BEAR LOCKSMITH GOVERNMENT BUILDINGS DEEP ROCK WATER COMP GOVERNMENT BUILDINGS AMERIPRIDE LINEN /APP GOVERNMENT BUILDINGS COORDINATED BUSINESS GOVERNMENT BUILDINGS TOS METROCOM MN GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS CENTENNIAL UTILITIES MONTHLY RUBBISH /RECYCLE REPLACE LAMPS & BALLASTS SERVICE POLICE SALLY POR WATER /BOTTLE & DELIVERY MONTHLY RUG /MAT REPLACEM 2010 COPIER MAINT CONTRA MONTHLY TELEPHONE CHARGE ADDRESS LABELS INDEX MAKER /VERIFONE KIT PAPER /INK CRTG /BRITELINE MONTHLY NATURAL GAS USAG 90.00 430.69 166.99 1,056.43 44.34 7.04 142.7B 3.24 27.30 236.06 25.70 66.22 1,121.25 180.00 21,286.87* 104.05 7.23 22.66 484.10 621.88 13.89 85.53 45.52 82.65 14.61 53.49 5,134.60 96.19 69.93 - 138.05 299.74 - 120.00 90.00 144.69 189.64 372.57 7,674.92* 444.85 233.84 85.00 72.39 160.30 414.60 119.10 67.72 104.04 203.19 4,818.37 Date: 04/21/2010 Time 07:44:15 OD Department Operator: KKF Page: City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS 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 PARKS PARKS PARKS PARKS PARES PARKS PARKS PARKS RECREATION RECREATION • CONNEXUS ENERGY DALCO, INC. DALCO, INC. DALCO, INC. DALCO, INC. FRATTALLONE'S HARDWA HOME DEPOT CREDIT 5E MENARDS, INC. CENTERPOINT /MINNEGAS CENTERPOINT / MINNEGAS CENTERPOINT / MINNEGAS XCEL ENERGY MINNESOTA SHREDDING SAM'S CLUB, INC. SAM'S CLUB, INC. STAR TRIBUNE TWIN CITY GARAGE U $ BANK VISA U S BANK VISA COMCAST COMCAST RESERVE ACCOUNT HUGO PLUMBING & ROSEVILLE, CITY Total MONTHLY ENERGY USAGE 60" THREADED WOOD HANDLE CLEANER /BROOM /WET MOP(S) MOP(S) RETURN LUMATHREAD METAL MOUSE TRAPS KITCHEN FAUCET 1/8 "X1- 1 /2 " -3FT ALUM FLA 5890185 - MONTHLY GAS US 5946727 - MONTHLY GAS US 5956628 - MONTHLY GAS U5 MONTHLY ELECTRIC CHARGES CITY OF LL /DOCUMENT SHRE Y. STANSBERRY MEMBERSHIP. K STANSBERRY MEMBERSHIP ANNUAL PAPER SUBSCRIPTIO D00 PERFORMED PREVENTATIVE M FILTERS & BELTS FIRST AID SUPPLIES CITY HALL INTERNET CHARG MONTHLY INTERNET USAGE /P POSTGE REFILL PUMP DIAGNOSE & REPAIR TOILET OF APR 2010 PHONE CHARGES for Department 432 GREENLIFE SUPPLY L.L CENTENNIAL UTILITIES CONNEXUS ENERGY FRATTALLONE'S HARDWA HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE METRO SALES INCORPOR CENTERPOINT /MINNEGAS CENTERPOINT / MINNEGAS TESSMAN SEED COMPANY TESSMAN SEED COMPANY TESSMAN SEED COMPANY URICH, TRACEY VIKING INDUSTRIAL CE ON SITE SANITATION I Total for RAZOR PRO 2.5 GAL MONTHLY NATURAL GAS USAG MONTHLY ENERGY USAGE SINGLE CUT KEYS /KEY RING 1 GAL PAINT 1X6 -8 PINE 1X6 - 8,1X6 -6 PINE /VIN BLI 2" ANGLES GL 1050 1 GAL /10 PK TRAY MINI BLINDS WOOD PUTTY /PF OAK CASING QRTLY COPIER MAINT CHRGS 5882973 - MONTHLY GAS U5 5990462 - MONTHLY GAS US 504 REGALSTAR 504 REGALSTAR /254 BLVD M 504 REGALSTAR /254 BOULEV T URICH CLOTHING ALLOWAN ZTEK SAFETY GLASSES /BARR MONTHLY UNIT RENTAL Department 450 METRO SALES INCORPOR U 5 BANE: VISA QRTLY COPIER MAINT CHRGS FIRST AID SUPPLIES 1,217.53 5.11 163.64 21.03 -6.94 2.45 82.36 8.01 185.27 264.20 464.40 3,515.33 16.50 35.00 -35.00 237.64 440.00 60.39 11.90 34.95 34.95 5,000.00 543.15 951.30 19,976.57* 143.59 271.53 64.95 23.74 14.95 192.31 197.73 33.64 14.40 32.01 175.17 115.05 84.44 111.93 73.98 446.53 446.53 193.04 66.22 40.61 2,742.35* 61.95 270.56 Date: 04/21/2010 Time 07:44:15 Department RECREATION RECREATION Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ASCAP ANNUAL LICENSE FEE MINNESOTA UI 1ST QTR 2010 UNEMPLOYMEN Total for Department 451 O'DEA, MARY JO DEHAVEN, MARTHA ANDRZEJEWSKI, PAULA BROWN, PETER HOME DEPOT CREDIT SE U 5 BANK-VISA BOR, BARBARA HEISKARY, STEVEN ENVIRONMENTAL BOARD STIP ENVIRONMENTAL BOARD STIP ENVIRONMENTAL BOARD STIP ENVIRONMENTAL BOARD STIP TEKS ROOFING /TRIM EARTH DAY SUPPLIES ENVIRONMENTAL BOARD STIP ENVIRONMENTAL BOARD STIP Total for Department 461 SOLID WASTE U S BANK VISA EARTH DAY /RECYCLE DAY /AR Total for Department 462 Total for Fund 101 ADULT INSTRUCTIONAL CENTENNIAL SCHOOLS I 1ST QTR 2010 DISTRICT FA Total for Department 201 ADULT SPORTS ADULT SPORTS YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH SPORTS POLICE FIRE FLEET FLEET CENTENNIAL SCHOOLS I 1ST QTR 2010 DISTRICT FA CROWN TROPHY, INC. PLAQUE Total for Department 202 CENTENNIAL SCHOOLS I 1ST QTR 2010 DISTRICT FA IMAGE PRINTING & GRA COUGAR SOCCER CAMP 20# Y GLSPORTS DUNLOP PRACTICE TENNIS B GLSPORTS RETURN OPTIC YELLOW SOFT BURGER, LUANN APR - MAY 2010 DANCE CLA Total for Department 207 U S BANK VISA FIRST AID SUPPLIES Total for Department 208 Total for Fund 201 ANOKA COUNTY LICENSE CREDIT DUE FROM LIC SURE Total for Department 420 CENTENNIAL FIRE DIST CITY OF LL SHARE OF 2010 Total for Department 421 ANOKA COUNTY LICENSE 2010 GMC SIENA PICKUP -RE ANOKA COUNTY LICENSE NEW 2010 GMC SIERRA Total for Department 431 Total for Fund 402 305.00 525.36 1,162.87* 75.00 50.00 50.00 50.00 66.19 60.95 50.00 50.00 452.14* 174.90 174.90* 236,518.68* 2,214.50 2,214.50* 4,928.00 53.44 4,981.44* 2,200.75 221.30 78.47 -60.42 840.00 3,280.10* 405.60 405.60* 10,881.64* -2.00 -2.00* 17,400.00 17,400.00* 1,452.26 1,470.38 2,922.64* 20,320.64* • Date: 04 /21/2010 Department Time: 07:44:15 Operator: }D;F Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description OTHER. OTHER OTHER OTHER OTHER • WATER WATER WATER WATER WATER WATER WATEP. WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER • ANOKA COUNTY DEED TAX & CONSERVATION Total for Department Total for Fund 405 KENNEDY AND GRAVEN, LEGACY AT WOODS EDGE TIF Total for Department 499 Total for Fund 41B TKDA TKDA 2010 OVERLAY PROJECT 2010 SEALCOAT PROJECT Total for Department 499 Total for Fund 421 KENNEDY AND GRAVEN, LEGACY AT WOODS EDGE TIF Total for Department 499 Total for Fund 423 LUNDA CONSTRUCTION C VOUCHER NO 29 /CSAH 23 AT Total for Department 499 Total for Fund 471 BLAINE, CITY OF MN DEPT OF HEALTH SHOREVIEW, CITY OF Total for D 1ST QTR 2010 WATER USAGE COMMUNITY WATER SUPPLY C 1ST QTR 2010 WATER /SEWER epartment NEOPOST, INC. ABLE HOSE AND RUBBER INSTRUMENTAL RESEARC TDS METROCOM MN BLAINE, CITY OF BUDIG, TIM CIRCLE PINES POST OF CONNEXUS ENERGY HAWKINS , INC. HAWKINS , INC. GOPHER STATE ONE CAL HOME DEPOT CREDIT SE AMERICAN MESSAGING CENTERPOINT/MINNEGAS CENTERPOINT/MINNEGAS CENTERPOINT /MINNEGAS XCEL ENERGY XCEL ENERGY SHOREVIEW, CITY OF STANDARD MAINT /FOLDER IN NITRILE FIRE HOSE /4" BAN TOTAL COLIFORM BACTERIA MONTHLY TELEPHONE CHARGE 1ST QTR 2010 WATER USAGE T BUDIG CLOTHING ALLOWAN UTILITY BILLING POSTAGE MONTHLY ENERGY USAGE CHLORINE CYLINDER CHLORINE /LPC- 5 /HUDROFLUO MARCH 2010 LOCATES HOSE /SWIVEL MONTHLY PAGER SERVICE 5883158 - MONTHLY GAS US 5883220 - MONTHLY GAS US 5973465 - MONTHLY GAS US MONTHLY ELECTRIC CHARGES MONTHLY ENERGY CHARGES 1ST QTR 2010 WATER /SEWER Amount 18.20 18.20* 18.20* 273.00 273.00* 273.00* 3,760.72 2,670.12 6,430.84* 6,430.84* 42.00 42.00* 42.00* 4,328.75 4,328.75* 4,328.75* 44.52 6,752.00 9.54 6,806.06* 647.50 266.51 142.50 109.47 511.21 215.90 276.59 875.75 15.00 7,141.76 100.78 57.91 12.74 74.31 190.06 84.94 900.45 1,811.42 1,772.00 Date: 04/21/2010 Time 07:44:15 Department Operator: KKF Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER TWIN CITY GARAGE D00 VIKING INDUSTRIAL CE WINNICK SUPPLY, INC. WINNICK SUPPLY, INC. MINNESOTA UT Total REPLACED MALFUNCTIONING ZTEK SAFETY GLASSES /BARR 20# CO2 SPLIT RING HANGER BLACK 1ST QTR 2010 UNEMPLOYMEN for Department 494 Total for Fund 601 NEOPOST, INC. W. W. GOETSCH ASSOCI BLAINE, CITY OF O'REILLY AUTOMOTIVE, CIRCLE PINES POST OF CENTENNIAL UTILITIES CONNEXUS ENERGY GOPHER STATE ONE CAL INFRATECH TECHNOLOGI AMERICAN MESSAGING CENTERPOINT /MINNEGAS MN POLLUTION CTROL A SHOREVIEW, CITY OF MINNESOTA UI 1ST QTR 2010 UNEMPLOYMEN METROPOLITAN COUNCIL MONTHLY WASTEWATER SERVI Total for Department 495 STANDARD MAINT /FOLDER IN 6.4" DIAMETER - IMPET,T,FR 1ST QTR 2010 WATER USAGE FREEZE PLUGS UTILITY BILLING POSTAGE MONTHLY NATURAL GAS USAG MONTHLY ENERGY USAGE MARCH 2010 LOCATES TELEVISE SEWER MAIN TO L MONTHLY PAGER SERVICE 7729114 -4 - MONTHLY GAS T HIT,T.RSHEIM WASTEWATER 1ST QTR 2010 WATER /SEWER Total for Fund 602 JOHN'S AUTO PARTS, I BAUER BUILT, INC. BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, PRESS PUBLICATIONS, ANOKA COUNTY LICENSE ANOKA COUNTY LICENSE 1998 FORD TAURUS SEIZED ANOKA COUNTY LICENSE CREDIT DUE FROM LIC BURE SWEENEY, BORER, & SW MONTHLY FORFEITURE PROF TAYLOR, KELSEY FORFEITURE REFUND Total for Department 1U -WHEEL /FOR SEIZED TARO TIRES /SEIZED VEHICLE 09- ICR 10- 061467/'07 FORD E ICR 10- 070800/'02 CAD DE CN #09- 001127 SEIZED VEH DISC PAD SET /DRUM & ROTO IDLER ARM /SEIZED VEHICLE SPARK PLUGS /AIR FILTERS/ WHEEL NUT SEIZED VEHICLE ARNT INTERIM USE PERMIT 1993 DODGE CARAVAN SEIZE Total for Fund 801 Grand Total 142.06 66.22 23.75 122.27 2,809.40 18,372.50* 25,178.56* 647.50 1,684.35 1,341.00 2.23 276.60 14.75 328.25 100.77 307.50 3.24 4.83 23.00 816.12 1,314.50 56,799.28 63,663.92* 63,663.92* 160.00 370.56 189.48 125.43 105.69 158.18 80.49 234.01 1.66 31.80 22.00 22.00 -62.00 222.20 245.00 1,906.50* 1,906.50* 369,562.93* • Date: 04/21/2010 Time 07:50:16 City of Lino Lakes FM Entry - Invoice Journal Vendor #: (A) Invoice #: (A) Entry_ Journal #: (R) 8583 - B609 Trans #: (k) Line 8: (A) Due Date: (A) Bank #: (A) Operator: KY.F Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 22.66 22.66 .00 .00 000060 ABLE HOSE AND RUBBER, INC. 1 268.51 268.51 .00 .00 001260 ACCLAIM BENEFITS 1 123.75 123.75 .00 .00 000093 ACE SOLID WASTE, INC. 1 444.85 444.85 .00 .00 000408 AFSCME COUNCIL 85 1 614.78 814.78 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 233.84 233.84 .00 .00 000160 ALLIED BLACKTOP, INC. 1 13,738.00 13,738.00 .00 .00 000201 AMERICAN ENGINEERING TESTING, INC. 1 1,150.50 1,150.50 .D0 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 7.23 7.23 .00 .00 04 AMERICAN MESSAGING 1 19.22 19.22 .00 .00 8 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 160.30 160.30 .00 .00 000611 ANDRZ£JEWSKI, PAULA 1 50.00 50.00 .00 .00 000370 ANOKA COUNTY CENTRAL COMMICATIONS 5 4,241.64 4,241.64 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 3 2,902.64 2,902.64 .00 .00 000420 ANOKA COUNTY 1 18.20 18.20 .00 .00 900517 APMP OF MINNESOTA 1 30.00 30.00 .00 .00 007273 ASCAP 1 305.00 305.00 .00 .00 000610 BAUER BUILT, INC. 2 992.44 992.44 .00 .00 000665 SILL'S GUN SHOP /RANGE -BJAM, INC. 1 39.54 39.54 .00 .00 000593 BLACKBIRD, JIM 1 177.99 177.99 .00 .00 D00720 BLAINE, CITY OF 1 1,896.73 1,896.73 .D0 .00 000724 BLUE TOW SERVICE, INC. 2 314.91 314.91 .00 .00 • Date: 04/21/2010 Time: 07:50:16 City of Lino Lakes FM Entry - Invoice Journal Operator: IMF Page: 2 Vendor # Name # of items Net Gross Discount Dise 004666 BOR, BARBARA 1 50.00 50.00 .00 .00 007744 BRADY, ELIZABETH 1 50.00 50.00 .00 .00 000617 BROWN, PETER 1 50.00 50.00 .00 .00 000903 BUDIG, TIM 1 215.90 215.90 .00 .00 900524 BURGER, LUANN 1 840.00 840.00 .00 .00 000946 C. P. OFFICE PRODUCTS 3 374.95 374.95 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 146,411.00 146,411.00 .00 .00 001050 CENTENNIAL SCHOOLS ISD #12 2 9,343.25 9,343.25 .00 .00 001110 CENTENNIAL UTILITIES 1 5,104.65 5,104.65 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 1,464.38 1,464.38 .00 .00 001100 CIRr7,F PINES POST OFFICE 1 553.19 553.19 .00 .00 004670 COMCAST 2 69.90 69.90 .00 .00 001167 CONNEXUS ENERGY 1 3,564.28 3,564.28 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 414.60 414.60 .00 .00 007354 CROWN TROPHY, INC. 1 53.44 53.44 .00 .00 001270 DALCO, INC. 4 182.84 182.84 .00 000256 DEEP ROCK WATER COMPANY 1 72.39 72.39 .00 000395 DEHAVEN, MARTHA 1 50.00 50.00 .00 .00 001300 DEWOLFE, THOMAS 1 44.34 44.34 .00 .00 008033 EGAN MECHANICAL CONTRACTORS 1 45.64 45.64 .00 .00 001148 EGAN OIL COMPANY 1 5,134.60 5,134.60 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 96.19 96.19 .00 ..00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 179.74 179.74 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 4.79 4.79 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 2 26.19 26.19 .00 .00 002328 G & K SERVICES, INC. 1 69.93 69.93 .00 .00 007684 GLSPORTS 2 18.05 18.05 .00 .00 Date: 04/21/2010 Time 07:50:16 City of Lino Lakes FM Entry - Invoice Journal 111/111kr # Name k of items Operator: KEY Page: 3 Discount Net Gross Discount , Lost 000076 GOODIN COMPANY, INC. 1 2,238.09 2,238.09 .00 .00 001600 GOPHER STATE ONE CALL 1 201.55 201.55 .00 .00 001066 GP.EENLIFE SUPPLY L.L.C. 1 143.59 143.59 .00 .00 000843 HAGER, DALE 1 110.00 110.00 .00 .00 007402 HARMON AUTOGLASS 1 189.64 189.64 .D0 .00 001480 HAWKINS INC. 2 7,156.76 7,156.76 .00 .00 008034 HEART & SOUL 1 460.00 460.00 .00 .00 008032 HEISKARY, STEVEN 1 50.00 50.00 .D0 .00 001859 HOME DEPOT CREDIT SERVICES 1 866.67 866.67 .00 .00 008035 HUGO PLUMBING & PUMP SVC, INC. 1 543.15 543.15 .00 .00 000905 HYDEN, MICHAEL 1 50.00 50.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 221.30 221.30 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 307.50 307.50 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 004761 INTERNATIONAL PUBLIC MANAGEMENT ASSOC. 1 145.00 145.00 .00 .00 IRO INTL UNION OF OPER ENGR 1 496.00 496.00 .00 .00 u01967 INTOXIMETERS, INC. 1 94.24 94.24 .00 .00 000628 JASON'S BOBBY & STEVE'S AUTO WORLD 1 145.00 145.00 .00 .00 007443 JDI SIGNS & GRAPHICS 1 372.57 372.57 .00 .00 000473 JOHN'S AUTO PARTS, INC. 1 160.00 160.00 .00 .00 001860 KENNEDY & GRAVEN, INC. 1 315.00 315.00 .00 .00 000511 LADEN, PERRY 1 100.00 100.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 1,008.00 1,008.00 .00 .00 D05007 LUNDA CONSTRUCTION COMPANY 1 4,328.75 4,328.75 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 104.05 104.05 .00 .00 003230 MECKLE, TERRY 1 27.30 27.30 .00 .00 002550 MENARDS, INC. 4 19.78 19.78 .00 .00 Date: 04/21/2010 Time 07:50:17 City of Lino Lakes Operator: KKF Page: 4 FM Entry - Invoice Journal Vendor # Name # of items Net Gross Discount Dise 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 6,237.00 6,237.00 .00 .00 002584 METRO SALES INCORPORATED 1 177.00 177.00 .00 .00 007694 METROPOLITAN COUNCIL 1 56,799.28 56,799.28 .00 .00 003882 MINNESOTA SHREDDING LLC 2 63.00 63.00 .00 .00 007383 MINNESOTA UI 1 16,338.51 16,336.51 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 2 1,362.80 1,362.80 .00 .00 002760 MN DEPT OF HEALTH 1 6,752.00 6,752.00 .00 .00 002836 MN DEPT OF LABOR & INDUSTRY 1 578.90 578.90 .00 .00 004604 MN DEPT OF PUBLIC SAFETY 1 390.00 390.00 .00 .D0 008021 MN METRO NORTH TOURISM 1 2,132.75 2,132.75 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 336.00 336.00 .00 .00 002820 MN POLLUTION CONTROL AGENCY 1 23.00 23.00 .00 .00 000106 NELSON, ROBERT 1 100.00 100.00 .00 .00 000019 NEOPOST, INC. 1 1,295.00 1,295.00 .00 .00 000155 O'DEA, MARY JO 1 75.00 75.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 15 880.61 880.61 .00 41. 003519 OBRESTAD, JOHN R & MARCIA M 1 40.00 40.00 .00 007730 ON SITE SANITATION INC 1 40.61 40.61 .00 .00 004144 PERSONNEL DECISIONS INTERNATIONAL - PDI 1 5,000.00 5,000.00 .00 .00 007731 PLEAA 1 25.00 25.00 .00 .00 004608 POGALZ, BRIAN 1 100.00 100.00 .00 .00 000464 POMP'S TIRE SERVICE, INC. 1 484.10 484.10 .00 .00 003600 PRESS PUBLICATIONS, INC. 5 353.78 353.78 .00 .00 002788 QUICKSILVER EXPRESS COURIER, INC. 1 26.82 26.62 .00 .00 005022 RESERVE ACCOUNT /PITNEY BOWES 1 5,000.00 5,000.00 .00 .00 000888 RICK JOHNSON DEER & BEAVER INC. 1 90.00 90.00 .00 .00 004609 ROOT, MICHAEL 1 100.00 100.00 .00 .00 • Date: 04/21/2010 Time: 07:50:17 er.# Name City of Lino Lakes Operator: KXF PM Entry - invoice Journal Page: 5. Discount # of items Net Gross Discount Lost 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 008910 SAM'S CLUB, INC. 1 77.50 77.50 .00 .00 00399D SHOREVIEW, CITY OF 1 2,597.66 2,597.66 .00 .00 004150 STAR TRIBUNE 1 237.64 237.64 .00 .00 004240 STREICHER'S, INC. 1 80.21 80.21 .00 .00 007642 SWEENEY, BORER, & SWEENEY, P.A. 2 11,108.51 11,108.51 .00 .00 008036 TAYLOR, KELSEY 1 245.00 245.00 .00 .00 000489 TDS METROCOM MN 1 975.43 975.43 .D0 .00 002790 TESSMAN SEED COMPANY, INC. 3 967.04 967.04 .00 .00 004350 TKDA 2 6,430.84 6,430.84 .00 .00 002130 TRALLE, PAUL 1 150.00 150.00 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 2 582.06 582.06 .00 .00 004560 U S BANK VISA 1 2,581.88 2,581.88 .00 .D0 000909 UNIQUE PAVING MATERIALS, CORPORATION 4 597.68 597.68 .00 .00 004660 URICH, TRACEY 2 193.04 193.04 .00 .00 1111110 VIKING INDUSTRIAL CENTER, INC. 2 224.36 224.36 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 1,684.35 1,684.35 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 85.00 85.00 .00 .00 004840 WINNICK SUPPLY, INC. 2 146.02 146.02 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 180.00 180.00 .00 .00 003250 XCEL ENERGY 9 6,463.26 6,463.26 .00 .00 Grand Totals: 186 369,562.93 369,562.93 .00 .00* Date: 04/21/2010 Account Time: 07:50:18 Description City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 6 Fiscal Debit Main Credit 101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 04/2010 4,017.58 101 - 2120 -000 GENERAL FUND SAC PAYABLE 04/2010 6,300.00 101 - 2130 -000 GENERAL FUND SURCHARGE PAYABLE 04/2010 564.90 101- 2131 -000 GENERAL FUND Plumbing Surcharge 04/2010 14.50 101 - 2132 -000 GENERAL FUND Mechanical Surcharge 04/2010 24.50 101 - 3250 -000 GENERAL FUND BUILDING PERMITS 04/2010 45.64 101- 3254 -000 GENERAL FUND HEATING & AIR CONDITIONING 04/2010 40.00 101- 3414 -000 GENERAL FUND SAC /SURCHARGE FEE 04/2010 -88.00 101 -402- 4141 -000 GENERAL ADMINISTRATION REEMPLOYMENT INSU 04/2010 2,953.00 101 - 402 - 4310 -000 GENERAL ADMINISTRATION OTHER CONSULTANT 04/2010 5,000.00 101 - 402 - 4330 -000 GENERAL ADMINISTRATION TRAVEL /TUITION 04/2010 313.38 101- 402- 4340 -000 GENERAL ADMINISTRATION ADVERTISING 04/2010 254.40 101 -402- 4410 -D00 GENERAL ADMINISTRATION CONTRACTED SERVIC 04/2010 123.75 101 - 402 - 4452 -000 GENERAL ADMINISTRATION SUBSCRIPT /DUES 04/2010 175.00 101 - 406 -4321 -000 GENERAL SENIORS TELEPHONE 04/2010 36.49 101 -407- 4310 -000 GENERAL FINANCE OTHER CONSULTANT 04/2010 5,769.58 101 - 414 - 4303 -000 GENERAL LEGAL CONSULTANTS CRIMINAL ATTOR 04/2010 10,886.31 101 -415- 4900 -000 ECONOMIC DEVELOPMENT MARKETING 04/2010 2,132.75 101 -416- 4330 -000 PLANNING & ZONING TRAVEL /TUITION 04/2010 158.00 101- 416 - 4331 -000 PLANNING & ZONING STIPEND 04/2010 650.00 101 -416- 4340 -000 PLANNING & ZONING ADVERTISING D4/2010 31.80 101 - 418 - 4141 -000 GENERAL COMM DEV REEMPLOYMENT INSURANCE 04/2010 2,233.00 101 - 418 - 4340 -000 GENERAL COMM DEV PRINTING & PUBLISHING 04/2010 35.78 101- 420- 4200 -000 GENERAL POLICE OFFICE SUPPLIES 04/2010 77.50 101- 420 - 4211 -000 GENERAL POLICE MAINTENANCE SUPPLIES 04/2010 123.06 101 - 420- 4214 -000 GENERAL POLICE CRIME PREVENTION 04/2010 80.00 101- 420 -4321 -000 GENERAL POLICE TELEPHONE 04/2010 673.88 101- 420 - 4330 -000 GENERAL POLICE TRAVEL /TUITION 04/2010 1,084.54 101- 420 - 4370 -000 GENERAL POLICE UNIFORMS 04/2010 80.21 101 - 420- 4381 -000 GENERAL POLICE FT,FCTRICITY 04/2010 21.37 101 -420- 4410 -000 GENERAL POLICE CONTRACTED SERVICES 04/2010 4,480.17 101 - 420- 4452 -000 GENERAL POLICE SUBSCRIPTIONS 04/2010 26.49 101- 421 - 4141 -000 GENERAL FIRE REEMPLOYMENT INSURANCE 04/2010 5,382.00 101 -421- 4410 -000 GENERAL FIRE CONTRACTED SERVICES 04/2010 129,011.00 101- 422 - 4200 -000 BUILDING INSPECTIONS OFFICE SUPPLIES 04/2010 235.68 101 - 422- 4452 -000 BUILDING INSPECTIONS SUBSCRIP /DUES 04/2010 100.00 101- 430 - 4141 -000 GENERAL STREETS REEMPLOYMENT INSURANCE 04/2010 1,121.25 101 -430- 4200 -000 GENERAL STREETS OFFICE SUPPLIES 04/2010 44.34 101 -430- 4223 -000 GENERAL STREETS STREET SIGNS 04/2010 2,380.87 101 - 430 - 4224 -000 GENERAL STREETS PATHCHING MATERIALS 04/2010 597.68 101 -430- 4229 -000 GENERAL STREETS GRAVEL /MISC 04/2010 7.04 101 - 430 - 4240 -000 GENERAL STREETS SMALL TOOLS 04/2010 66.22 101 - 430 - 4300 -000 GENERAL STREETS PROFESSIONAL SERVICES 04/2010 1,150.50 101 -430 -4321 -000 GENERAL STREETS TELEPHONE 04/2010 39.73 101 - 430- 4370 -000 GENERAL STREETS UNIFORMS 04/2010 230.99 101 -430- 4385 -000 GENERAL STREETS STREET LIGHTS 04/2010 1,472.49 101 - 430 - 4410 -000 GENERAL STREETS CONTRALTNL SERVICES 04/2010 14,175.76 101 -431- 4212 -000 GENERAL FLEET VEHICLE FUEL 04/2010 5,134.60 101 - 431 - 4221 -000 GENERAL FLEET SHOP PARTS 04/2010 1,776.58 101 - 431 -4300 -000 GENERAL FLEET PROFESSIONAL SERVICES 04/2010 673.74 101 - 431 - 4330 -000 GENERAL FLEET TRAVEL /TUITION 04/2010 90.00 101 - 432 - 4200 -000 GOVER BUILDINGS OFFICE SUPPLIES 04/2010 374.95 101 -432- 4211 -000 GOVER BUILDINGS MAINTENANCE SUPPLIES 04/2010 347.95 • Date: 04 /21/2010 Time: 07:50:18 City of Lino Lakes Operator: IU F Page: FM Entry - Invoice Journal ccount # Description Fiscal Debit Credit 101 -432- 4300 -00D 101 -432- 4321 -D00 101 - 432 - 4381 -000 101 - 432- 43E3 -D0D 101 - 432 - 4384 -000 101- 432 - 4410 -000 101 - 432 -4452 -000 101 -450- 4211 -000 101 -450- 4370 -000 101 -450- 4381 -000 101- 450 -43E3 -000 101- 450- 4410 -000 101 - 451 - 4141 -000 101 -451- 4211 -000 101- 451- 4410 -000 101-461-4211-000 101- 461 - 4331 -000 101 -462 -4410 -000 201 - 201- 4211 -801 201- 202 -4211 -803 201 - 202 - 4211 -805 201 - 202 -4211 -842 201 -207- 4211 -808 201- 207- 4211 -815 201- 207 - 4211 -821 201 -207- 4211 -852 201 - 207 -4211 -854 201-207-4211-866 201-207-4211-872 201- 207 -4211 -883 201 -207- 4410 -B21 201 -208- 4211 -855 201 -208- 4211 -856 402- 420 -500D -000 402- 421 -5000 -000 402- 431 -500D -000 405 - 3720 -000 418- 499 - 4300 -000 • COVER BUILDINGS PROFESS. SERV 04/2010 776.99 GOVER BUILDINGS TELEPHONE 04/2010 6,140.30 GOVER BUILDINGS ELECTRICITY 04/2010 4,732.86 GOVER BUILDINGS HEAT 04/2010 5,732.24 GOVER BUILDINGS SANITATION 04/2010 444.85 GOVER BUILDINGS CONTRACTED 04/2010 1,426.43 GENERAL GOVERNMENT BUILDINGS SUBSCRIPTIO 04/2010 0.00 GENERAL PARKS MAINTENANCE SUPPLIES 04/2010 1,860.80 GENERAL PARKS UNIFORMS 04/2010 193.04 GENERAL PARKS ELECTRICITY 04/2010 64.95 GENERAL PARKS HEAT 04/2010 467.90 GENERAL PARKS CONTRALI.D SERVICES 04/2010 155.66 GENERAL RECREATION REEMPLOYMENT INSURANC 04/2010 525.36 GENERAL RECREATION MAINTENANCE SUPPLIES 04/2010 270.56 GENERAL RECREATION CONTRACTED SERVICES 04/2010 366.95 GENL ENVIRONMENTAL MAINTENANCE SUPPLIES 04/2010 127.14 GENERAL ENVIRONMENTAL STIPEND D4/2010 325.00 GENERAL SOLID WASTE CONTRACTED SERVICES 04/2010 174.90 Fund Total: 236,518.88 RECREATION MAINT SUPPL- AEROBICS 04/2010 2,214.50 RECREATION MAINT SUPPL- BASKETBALL 5 PLAY 04/2010 1,769.44 RECREATION MAINT SUPPL -OPEN BASKETBALL 04/2010 1,386.00 RECREATION MAINT SUPPL -OPEN VOLLEYBALL 04/2010 1,826.00 RECREATION MAINT SUPP BASEBALL CAMP 04/2010 110.65 RECREATION MAINT SUPPLIES SOFTBALL CLINI 04/2010 662.58 RECREATION MAINT SUPL DANCE 04/2010 288.OD RECREATION MAINT SUPL KARATE 04/2010 573.75 RECREATION MAINT SUPL YOUTH TENNIS LESSO 04/2010 78.47 RECREATION MAINT SUPL TOSS, KICK& CATCH 04/2010 192.00 MAINTENANCE SUPPL FLOOR HOCKEY 04/2010 424.00 MAINT SUPPL COUGAR SOCCER CMP 04/2010 110.65 YOUTH INSTRUCT CONTR SERV DANCE 04/2010 840.00 MAINT SUPP YOUTH FALL FOOTBALL 04/2010 304.20 RECREATION MAINT SUPL YOUTH SOCCER 04/2010 101.40 Fund Total: 10,881.64 POLICE CAPITAL OUTLAY 04/2010 -2.00 FIRE DEPT CAPITAL OUTLAY 04 /2010 17,400.00 FLEET CAPITITAL OUTLAY D4/2010 2,922.64 Fund Total: 20,320.64 DEDICATED PARKS CONTRIBUTIONS /DONATIONS D4/2010 18.20 Fund Total: .00 .00 .00 18.2D .00 T.I.F. District 1 -11 PROFESSIONAL SERV 04/2010 273.00 Date: 04/21/2010 Time: 07:50:18 City of Lino Lakes FM Entry - Invoice Journal Account # Operator: KKF Page: 8 Description Fiscal Debit Credit 421 - 499 - 4304 -088 421- 499 - 4304 -089 423 - 499 -4300 -087 471- 499 -4400 -061 601- 2140 -000 601- 494 - 4141 -000 601 - 494 - 4211 -000 601- 494 - 4222 -000 601- 494 - 4300 -000 601 -494- 4321 -000 601- 494 - 4322 -000 601 -494- 4370 -000 601- 494 - 4381 -000 601 -494- 4382 -000 601 -494- 4383 -000 601- 494 - 4410 -000 602 - 495- 4141 -000 602 -495- 4211 -000 602- 495- 4304 -000 602 - 495- 4321 -000 602- 495- 4322 -000 602 - 495- 4381 -000 602 - 495 -4382 -000 602 - 495- 4383 -000 602- 495 - 4405 -000 602 -495- 4410 -000 602 - 495 - 4452 -000 801 -2022 -000 801- 2023 -000 B01- 2300 -000 Fund Total: 273.00 STREET MAINTENANCE OTHER MUNICIPAL ENGIN 04/2010 2,670.12 STREET MAINTENANCE OTHER MUNICIPAL ENGIN 04/2010 3,760.72 Fund Total: 6,430.84 STREET RECONSTRUCTION OTHER PROFESSIONAL 04/2010 42.00 Fund Total: 42.00 Legacy ®Woods Edge Improv OTHER CONTRACTO 04/2010 4,328.75 Fund Total: 4,328.75 WATER OPERATING STATE WATER CONNECTION F 04/2010 6,806.06 WATER OPERATING WATER REEMPLOYMENT INSUR 04/2010 2,809.40 WATER OPERATING MAINTENANCE SUPPLIES 04/2010 538.66 WATER OPERATING CHEMICALS 04/2010 7,156.76 WATER OPERATING PROFESSIONAL SERVICES 04/2010 2B4.56 WATER OPERATING TELEPHONE 04/2010 122.21 WA'1't;R OPERATING POSTAGE 04/2010 276.59 WATER OPERATING UNIFORMS 04/2010 215.90 WATER OPERATING ELECTRICITY 04/2010 3,587.62 WATER OPERATING UTILITIES 04/2D10 2,283.21 WAiER OPERATING HEAT 04/2010 349.31 WATER OPERATING CONTRACTED SERVICE 04/2010 748.28 Fund Total: 25,178.56 SEWER OPERATING REEMPLOYMENT INSURANCE 04/2010 1,314.50 SEWER OPERATING MAINTENANCE SUPPLIES 04/2010 1,686.58 SEWER OPERATING MUNICIPAL ENGINEER 04/2010 307.50 SEWER OPERATING TELEPHONE 04/2010 3.24 SEWER OPERATING POSTAGE 04/2010 276.60 SEWER OPERATING ELECTRICITY 04/2010 328.25 SEWER OPERATING UTILITIES 04/2010 2,157.12 SEWER OPERATING HEAT 04/2010 19.58 SEWER OPERATING MWCC SEWER CHARGES 04/2010 56,799.28 SEWER OPERATING CONTRALi'tU SERVICE 04/2010 748.27 SEWER OPERATING SUBSCRIPTIONS /DUES 04/2010 23.00 Fund Total: 63,663.92 CONTRACTOR'S DEPOSITS POLICE FORFEITURES 04/2010 559.11 CONTRACTOR'S DEPOSITS POLICE DRUG FORFEI 04/2010 1,315.59 CONTRACTOR'S DEP GENERAL FUND ESCROW 04/2010 31.80 .00 .00 .00 .00 .00 .00 • Date: 04/21/2010 Time 07:50:18 City of Lino Lakes FM Entry - Invoice Journal NAccount # Control Operator: ER Page: 9 Description Fiscal Debit Credit A/P 101 - 2020 -000 201 - 2020 -000 402 - 2020 -000 405- 2020 -000 418- 2020 -000 421 - 2020 -000 423 - 2020 -000 471 - 2020 -000 601- 2020 -000 602 -2020 -000 801- 2020 -000 Discount Manual Checks - Cash 101-1010 -000 601- 1010 -000 602-1010-000 • Fund Total: 1,906.50 Grand Totals: 369,562.93 Control Grand Totals: .00 .00 .00 .00 GENERAL FUND ACCOUNTS PAYABLE 04/2010 234,386.13 RECREATION ACCOUNTS PAYABLE 04/2010 10,881.64 CAPITAL EQUIPMENT REVOLVING ACCTS PAY 04/2010 20,320.64 DEDICATED PARKS ACCOUNTS PAYABLE 04/2010 18.20 T.I.F. District 1 -11 ACCOUNTS PAYABLE 04/2010 273.00 SEAL COATING ACCOUNTS PAYABLE 04/2010 6,430.84 STREET RECONSTRUCTION ACCOUNTS PAYABLE 04/2010 42.00 Legacy@Woods Edge Impry ACCOUNTS PAYABLE D4/2010 4,328.75 WATER OPERATING ACCOUNTS PAYABLE 04/2010 24,901.97 SEWER OPERATING ACCOUNTS PAYABLE 04/2010 63,387.32 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 04/2010 1,906.50 A/P Grand Totals: .D0 366,876.99 Discount Grand Totals: GENERAL FUND CASH 04/2010 WA't'Ex OPERATING CASH 04/2010 SEWER OPERATING CASH 04/2010 Cash Grand Totals: .00 .00 .00 2,132.75 276.59 276.60 2,685.94 CENTENNIAL FIRE DISTRICT Check Register- FIRE Page: 1 Check Issue Dates: 4/1/2010 - 4/16/2010 Apr 16, 2010 02:11 PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Vendor Number Payee Amount 04/10 04116/2010 4252 10020 A BETTER STORY STUDIOS 156.41 04110 04/16/2010 4253 10450 AMERICAN FASTENER 17.60 04/10 04/16/2010 4254 10750 ANOKA CO CENTRAL COMMUN 530.00 04/10 04/16/2010 4255 11565 ASPEN MILLS 2,147.90 04/10 04/16/2010 4256 30480 CENTENNIAL UTILITIES 369.18 04/10 04/16/2010 4257 31008 COMCAST 94.00 04/10 04/16/2010 4258 31137 CONNEXUS ENERGY 433.91 04/10 04/16/2010 4259 40040 DEEP ROCK WATER COMPANY 18.94 04/10 04/16/2010 4260 60025 F.I.R.E., INC 350.00 04/10 04/16/2010 4261 60650 FRATTALLONE'S HARDWARE S 82.49 04/10 04/16/2010 4262 70578 GRAINGER 39.99 04/10 04/16/2010 4263 80600 HOGLUND BUS & TRUCK CO 89.75 04/10 04/16/2010 4264 90151 IMAGE PRINTING & GRAPHICS 321.27 04/10 04/16/2010 4265 120450 CITY OF LINO LAKES 20,390.49 04/10 04/16/2010 4266 130290 MnFIAM BOOK SALES 115.43 04/10 04/16/2010 4267 150050 OMCM EMBROIDERY & DESIGN 153.35 04/10 04/16/201D 4268 180600 CITY OF ROSEVILLE 655.58 04/10 04/16/2010 4269 180700 ROWEKAMP ASSOCIATES INC 525.00 04/10 04/16/2010 4270 210232 UNI- SELECT 31.64 04/10 04/16/2010 4271 240100 XCEL ENERGY 439.69 04/10 04/1612010 4272 999917 MICHAEL MILLER 900.00 Grand Totals: 27,862.62 M = Manua! Check, V = Void Check ID • • a• • • AGENDA ITEM 3B STAFF ORIGINATOR: Dan Tesch. Director of Administration interim CA MEETING DATE: 26 April 2010 TOPIC: Safety Policy Updates VOTE REQUIRED: 3/5 BACKGROUND Each year the city's Safety Committee reviews and makes recommendations for changes to the city's AWAIR (A Workplace Accident & injury Reduction) Program. The Committee is recommending the addition of two sections to our AWAIR Program. The first is a Fleet Operation, Procedures and Safety Policy. This policy outlines safe driving procedures for employees who operate a city vehicle or their own vehicle for city business. The section addition is a Contractor Safety Policy. This policy is designed to ensure that contractors who work for the city be properly insured, be aware of the city's safety policies and procedures for reporting unsafe acts. RECOMMENDATION Approve the updated AWAIR Program with the additions of the vehicle and contractor safety policies. ATTACHMENTS Vehicle Operation Policy Contractor Safety Policy -24- A WORKPLACE ACCIDENT & INJURY REDUCTION • • TABLE OF CONTENTS DESCRIPTION PAGE NO. INTRODUCTION 1 SA.F.ETY COMMITTEE POLICY STATEMENT SAFETY COMMITTEE ESTABLISHMENT 4 GENERAL POLICIES AND RULES 5 OBJ .C1I\TES AND COIvflv1UNICATION 6 FIRST AID 6 FIRE HAZARDS 6 HOUSEKEEPING 7 OFFICE WORKERS 7 OPERATION OF VEHICLES 8 SAFE LIFTING AND CARRYING PROCEDURES 9 MACHINERY 9 TOOLS AND EQUIPMENT GENERAL RULES 9 HAND TOOLS 10 ELECTRIC POWER OPERATED TOOLS 10 FUEL POWERED TOOLS 10 HYDRAULIC POWER TOOLS 10 ABRASIVE BLASTERS 10 PORTABLE AIR COMPRESSORS 11 CRACK FILLING EQUIPMENT 12 MOWERS (TRACTORS, SELF PROPELLED AND PUSH TYPE) 12 SNOW BLOWERS 12 JACKS 13 TREE CHIPPERS 13 LADDERS 13 WORK BELOW AND ABOVE SURFACE SEWERS 14 TRENCCI S 15 SCAFFOLDS 15 WELDING AND CUTTING GAS WELDING AND CUTTING 15 ARC WELDING AND CUTTING 16 CHEMICALS AND SOLVENTS 16 HARD HATS 17 INSTRUCTION AND TRAINING 17 SAFETY INSPECTION INSPECTORS 17 INSPECTION PROCEDURE 18 RECOMMENDATIONS 18 EVERYDAY INSPECTIONS AND IMMEDIATE HAZARDS 18 BEHAVIOR RULES AND POLICIES 18 BLOODBORNE PATHOGENS 19 CONFINED SPACE / ENTRY FORM "0 PURPOSE 21 DEFINITIONS 21 TYPES OF HAZARDS 21 CONFINED SPACE CLASSIFICATIONS 22 EMERGENCIES 26 TRAINING 26 COMPLLANCE 26 EXCAVATIONS & TRENCHING 27 FALL PROTEC'T'ION 27 FORKLIFT OPERATION 27 LOCKOUT / TAGOUT PROCEDURE PURPOSE 28 PROCEDURE 28 PERSONAL PROTECTIVE EQUIPMENT 29 DOCUMENTATION OF SAFETY RELATED ACTIVITY 35 • • • CITY OF LINO LAKES SAFETY POLICY INTRODUCTI ©N The City of Lino Lakes recognizes its responsibility in providing the safest conditions for our employees by ensuring all reasonable safeguards in the working environment. No job is so important, and no order is so urgent, that we cannot take the time to perform our work safely. Employees are responsible for observing all safety rules and for using all available safety devices, and are responsible for reporting any unsafe conditions or equipment to their supervisor. The efficiency of any municipal operation can be measured directly by its ability to control unnecessary loss. Accidents resulting in personal injury and /or damage to property and equipment represent needless waste. The joint cooperation of employees and management in observing this policy will provide the safest working conditions that are reasonably possible. City Administrator Signature Date Updated March 19, 2009 1 2 8_ Fleet Operation, Procedures, and Safety Policy The City of Lino Lakes is dedicated to the safety of its citizens and employees. Lino Lakes seeks to establish irniform procedures governing the use of all City owned or leased vehicles, and establish requirements for employees using their own vehicles to conduct City business. Vehicles shall include passenger vehicles, trucks, and vans, as well as all tractors, construction, service or maintenance vehicles and off-road vehicles. This policy allows the City to verify that individuals, who drive on City business, either in their own vehicle or a City -owned vehicle during City -paid work time, or in a City - owned vehicle after work hours, have a valid driver's license. Further, this policy is designed to ensure that an employee's driver's license meets the minimum qualification requirements for that employee's job title. The City requires that vehicles be well maintained, be kept clean and in good working order, and that the driver shall comply with all traffic laws and ordinances. Employees shall operate their vehicles with the utmost safety and shall drive defensively to prevent accidents, regardless of the incorrect actions of others. Authorization • Employees shall not drive a City vehicle unless they possess a valid Minnesota or Commercial Driver's license as designated for that vehicle. Driving records of City employees will be checked on an annual basis, for verification of a valid driver's license, for liability and for insurance related purposes. • All City drivers who are required to have a commercial Drivers License shall follow all procedures outlined in the Commercial Drivers manual as provided by the Minnesota Department of Public Safety. • No employee shall operate a vehicle or other equipment unless properly trained and qualified in its operation. • The use of City vehicles, during an 8 hour workday or on a take home/24 hour basis by authorized staff, shall be limited to work related duties. Personal use must be authorized by the employee's immediate supervisor. • Individuals who are not City employees may operate city owned vehicles only if they possess a valid drivers license, have undergone a driver's license check, and have received authorization from the Public Services Director. • Employees shall not allow unauthorized persons in or on City vehicles or equipment. w • • • • Vehicle Operation • Traffic rules and regulations shall be obeyed by all City employees except those emergency vehicles, which have other specified authorization during certain times of emergency. • Drivers shall be alert, careful and courteous toward pedestrians and other drivers and comply with all applicable motor vehicle laws and regulations. • Vehicles or equipment shall not be used in a manner for which they are not designed. • Motor vehicles or accessory equipment shall not knowingly be operated in a dangerous or defective condition. If problems cannot be corrected immediately, notify supervisor. • Seat belts shall be worn by all drivers and passengers using City vehicles pursuant to State Statutes. • When driving a City owned vehicle, you are responsible for insuring that passengers are safely in the vehicle before starting it • City vehicles shall be checked before use. If any defects are found, they must be reported to your supervisor immediately, per State Statutes • No vehicles shall be allowed to idle in closed areas or structures, unless properly vented. • Employees should secure loose tools and equipment on the floor or behind the seat of the truck cabs or in the front floor of passenger cars. • City vehicles are to be refueled only when the engine has been shut off and no lighted smoking materials shall be within 50 feet of refueling area. • In the event of a vehicle accident or injury the Police shall be contacted and a report generated that includes all details of the accident, including the names of all parties involved. In addition, the employee shall immediately report the accident or injury and details to their immediate supervisor. This shall apply to all accidents involving City owned vehicles or personal vehicles used while attending to City business. • Vehicles left unattended and not in use must be properly secured and keys removed to prevent accidental movement, theft, and unauthorized use (i.e., motor off, power takeoff equipment inoperable, power buckets and shovels grounded). • Eating, use of cell phones, texting and the use of any other distractive device (i.e. laptop computers, GPS's) while operating a moving vehicle is strongly discouraged. All communications, whenever practical, should be made with the vehicle in a stationary position. Hands free devices shall be used when available. • City owned vehicles shall not be towed or pushed except by authorized tow trucks and City owned vehicles shall not tow or push privately owned vehicles. Equipment /Slow Movine. Vehicle Operation • A slow moving vehicle is one that is designed to move at a speed of 25 mph or less. • Employees driving slow moving vehicles on City Streets shall make sure that the vehicle possesses and easily identifiable "Slow Moving Vehicle" sign • Slow moving vehicles shall be driven on public streets or highways only when safety beacons are flashing. • Vehicles in operation on City streets or highways during hazardous weather conditions shall use their safety beacons and flashers. • Vehicles shall use headlights when the following weather conditions exist: snow, fog, heavy clouds, darkness and rain, as per State Statutes. • Heavy equipment (tractors, street sweeper, front -end loaders, graders, etc.) must have flashing lights and beacons turned on when the vehicles are in operation on public streets or highways. • Etb • M sr AUTHORIZATION FOR DRIVER LICENSE CHECK The City of Lino Lakes requires a Driver's License Check for all employees, volunteers, agents of the city, and independent contractors who have direct access to or may operate any vehicle or equipment owned by the City of Lino Lakes. The City of Lino Lakes is of Bring to the undersigned, vehicle or equipment access, subject to positive results of a Drivers License Check. Please complete the below required information authorizing the Lino Lakes Police Department to conduct a review of your driving record. You will be informed of your status when the review is complete. The undersigned will further release the City of Lino lakes and the State of Minnesota from any claims or damages which the undersigned might incur as a result of the police department obtaining this information from the State of Minnesota. This information is being requested by the City of Lino Lakes to determine whether the undersigned is disqualified from operating a city owned vehicle or equipment. Under Minnesota State Law, the City may disqualify a person from access to city owned vehicles or equipment because of, but not limited to, an invalid license, DWI convictions and moving vehicle violations. This information is classified as private personnel data and will be provided only to those employees or agents who have a need to review it. The City of Lino Lakes does not intend to release the information to any other party unless required to do so by subpoena or court order. The undersigned may refuse to authorize the release of this information, but refusal will result in dispmalification from vehicle or equipment access. Name (Last) Date of Birth Sex M (First) (Middle) Driver's License # State of Issuance Signature F Date Contractor Saf h Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. What "insurance program` is referenced above? They are not made for the purpose of complying with the requirements of any law, ruse or regulation. We do not infer or imply in the making of these recommendations and comment that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LC Form Contract 1 -33- 1 w • • as • Section 1: Definitions A. Contract: A legally binding agreement between City of Lino Lakes and a contractor to provide goods or perform services. All contracts should be written. B. Contractor: A contractor is any person or entity hired to perform work on a contract basis. Contractors are not City of Lino Lakes employees, are not directly supervised by City of Lino Lakes employees, and are paid according to terms of the contract. Also referred to as an Independent Contractor. C. On -call Contractor: A contractor who is used on an on -going basis for City of Lino Lakes to perform work as needed. D. Sub - contractor: Any entity or person hired by the contractor to complete parts of the project. Section 2: Program Requirements A. Contractor safety records 1. City of Lino Lakes will make efforts to hire c. ors with good safety records. Bid specifications for contract work wi' when possible, include a requirement that th WAtractor have a workers' compensation modifier of 1.1 or lower. Alteitt f . ly, bid specifications will include language that weighs workers' come ration modifiers when determining who will be awarded the contract. Before a confirms provide City of41 liability insurance. awded a contract, the contractor must o M„ with proof of workers' compensation and e coverages must be adequate to provide proper protection to City of Lakes. B• Insurance requirements When a new contract is awarded, the contractor must name the city on all relevant policies as an "Additional Insured ". contractors must provide updated coverage information annually as wet as when their coverage changes and when their policies are wed. • 3. Prior to beginning work, the contractor must provide City of Lino Lakes with the appropriate certificates of insurance. C. Indemnification 1. Transfer risk to the contractor. ?. The contractor should agree to defend and indemnify City of Lino Lakes for any claim against City of Lino Lakes or City of Lino Lakes employees, officers or agents arising from the contractor's acts or omissions. Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. What `insurance program' is referenced above? They are not made for the purpose of complying with the requirements of any 'taw, rule or regulation. We do not infer or imply in the making of the recommendations and comments that all sites ware reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LC Form Contract 1 —34-- D. Unsafe acts 1. If a City of Lino Lakes employee witnesses a contractor or sub - contractor performing an unsafe act, the employee should report the act to his or her supervisor immediately. If action is necessary after evaluating the report, the City of Lino Lakes supervisor shall report the unsafe act to a person who can stop the act, or communicate with the contractor or sub- contractor to stop the act. 2. If a citizen or other non - employee reports an unsafe the City of Lino Lakes employee who receives the report should pro e the report to his or her supervisor. It is the responsibility of the sur ¢ isor t '•vestigate the report, and if necessary, stop the unsafe act in acc`o' .nc 5 subsection 3. Employees who are working in conjunction with a c .uctt or alb- " to Life or (C.1.) above. contractor may refuse any work that they perceive as dan health. E. Written safety programs and training 1. Bid specifications shoul any pertinent written awarded the contract. 2. Pertinent written safety era n^ would no e requireirl ba Lino Lakeg e or ement that the contractor provide to City of Lino Lakes prior to being are 'y written safety programs that PIA, other regulatory bodies, or City of uestion. 3. City of Lino Lak will przoide any pertinent written safety programs to the contractor prior t - : a beginning of the job. 4. Bid specifications will /Formally include a requirement that the contractor provide records of any pertinent safety training to City of Lino Lakes prior to being awarded the contract. Pertinent safety training is any training that would normally be required by other regulatory bodies, or City of Lino Lakes to perform the work in quon. Examples of this training may be: permit- required confined spacentry, employee right -to -know, etc. er the contract is awarded, but prior to bejnning work covered under the contract, City of Lino Lakes will provide the contractor and any sub- contractors with an orientation of City of Lino Lakes operations. This orientation will focus on workplace and project safety. If the contractor has already received this orientation, and has all the information that is provided in the orientation, the orientation is not necessary. Orientation topics will normally iaelucie but not be limited to: i. Safe access to the work site Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. What "insurance program" is referenced above? They are not made for the purpose of complying with the requirements of any law; rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LC Form Contract 1 —35— • • • IP ii. City of Lino Lakes safety policies iii. Emergency contact information iv. City of Lino Lakes emergency response procedures 7. Any City of Lino Lakes employees who are affected by the contract work must be provided with, read, and understand the contractors and sub- contractors pertinent written safety programs. 8. The primary contractor on any project will dete P which safety program(s) to follow for the contractor's em p yees and for sub- contractors. F. Sub - contractors 1. Sub - contractors are bound by the same obligations as'yptractors, or the purposes of this program. All sub- contractors must provi .cater of insurance, and name City of Lino Lakes as an "Addition " ured" on their policies. 2. Supervision of sub -contr . ors is responsibility of the primary contractor who has hired the *,-,contrantor. 3. The primary contractor is respo any, perform their work in a safe an for ensuring that sub - contractors, if thful manner. 4. Sub - contractors must provide a cop w of any pertinent written safety programs and records of pertinent safety training to City of Lino Lakes and to the primary contractor prior to beginning any work. 0. Supervision 1. City • Lakes will desirate one manager or supervisor to act as a Iiaiso actor. 2. The d ted representative of City of Lino Lakes has the authority to immediaIy halt any acts performed by the contractor and sub - contractor. any. 3. Contractors are responsible for supervision of their personnel and sub - contractors at all times. 4. All problems must be communicated promptly. H. Large projects 1. Details of fire safety and site security for a large project should be determined prior to awarding a contract, and should be written into the bid specifications and the contract. If these details change while the project is in progress, the contract should be amended. 2. If City of Lino Lakes provides employees for fire watch, security, etc., Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. What "insurance program` is referenced above? They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possibie hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LC Form Contract 1 —3 6- those employees are to be supervised by a City of Lino Lakes supervisor. 3. City of Lino Lakes employees who participate with the contractor or any sub - contractor as fire watch, security, etc. should receive training on any non- routine work they are performing. I. Use of equipment 1. Every effort should be made for contractors and sub - contractors to use their own equipment, and for City of Lino Lakes emplo ees to use City of Lino Lakes equipment. If equipment is shared, then a uld be a written agreement between the parties on how to handlAiability and property damage 2. In an emergency, a contractor or sub - contractor m ' e City Lino Lakes equipment (e.g. using a City of Lino Lakes fire i gui.s ±; to put out a fire). Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above What "insurance program" is referenced above? They are not made for the purpose of complying with the requirement of any taw, rule or regulation. We do not infer or imply in t'ne making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted_ The final responsibility for conducting, loss control and risk management programs must rest with the insured. LC Form Contract 1 —37— 5 Ea • • • • ADDENDUM A Contract Requirement Checklist Project /contract: Contract bid specifications include a requirement of workers' compensation modifier of 1.1 or below, OR include language that weighs the contractors' safety records. City of Lino Lakes is named on the contractor's policy as an "Additional Insured ". List coverage periods: The contractor has provided a certificate of incur ' :;• City o mo Lakes for both liability and workers' compensation. List coverage per Contractor agrees to defend an agents of the entity for any claims filed a. actions. emnify entity, and the employees, officers and the entity arising from the contractor's Y _. ino °Lakes with the following written safety contractor has prove � -.• C' following ty programs: The contractor has provided City of Lino Lakes with the following safety training records: The contractor has attended an orientation session for working with City of Lino Lakes. List date: Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. What "insurance program'- is referenced above± They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the makmp. of these recommendations and comments that all sits were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LC Form Contract 1 —33- • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 6A Michael Grochala April 26, 2010 First Reading: Ordinance 06 -10 Vacating a Drainage and Utility Easement, (1612 Birch Street) 4/5 Vote In 2008 the City approved a minor subdivision for the property owner of 1612 Birch Street. In accordance with the City's Subdivision Ordinance a drainage and utility easement was obtained from the property owner as a condition of the approval. ANALYSIS The minor subdivision was never filed with Anoka County and the property owner is no longer pursuing subdivision of the parcel. As such the drainage and utility easement is no longer needed for public purposes. A public hearing was held for this item at the Council Meeting on April 12th. The public hearing was closed, and action was postponed as a 4/5 vote was required. RECOMMENDATION Staff is recommending approval of Ordinance 06 -10 Vacating the Drainage and Utility Easements on Outlot A of the recorded plat of Spirit Hills. ATTACHMENTS 1. Ordinance No. 05 -10 2. Site Map 1' Reading: Publication: 2"° Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 06 -10 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (1612 Birch Street) The City Council of Lino Lakes Ordains: Section 1. Preamble WHEREAS, the City Council of Lino Lakes has determined to vacate the drainage and utility easements, in their entirety, on property legally described as: The West 494.50 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, except the west 24.75 feet thereof and except road. WHEREAS, a public hearing was held on April 12, 2010 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and WHEREAS, it appears to be in the best interest of the City to vacate such drainage and utility easement; and WHEREAS, four -fifths of all members of the City Council concur in this ordinance. Section 2. The drainage and utility easement described as follows is hereby vacated: All that part of the drainage and utility easement lying over, under, and across the north 10.00 feet , the south 10.00 feet, the west 5.00 feet, and the east 5.00 feet of that part of the Northwest Quarter of the Southwest Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the intersection of the south line of said Northwest Quarter of the Southwest Quarter with the east line of the west 24.75 feet of said Northwest Quarter of the Southwest Quarter; thence northerly and parallel to the west line of said Northwest Quarter of the Southwest Quarter 879.85 feet to the point of beginning of the parcel to be described; • thence easterly and parallel with the north line of said Northwest Quarter of the Southwest Quarter 295.31 feet; thence northerly parallel with the west line of said Northwest Quarter of the Southwest Quarter 367.89 feet to the southerly line of Parcel 57, ANOKA COUNTY HIGHWAY RIGHT - OF -WAY PLAT NO. 11; thence westerly along said southerly line of Parcel 57 to the east line of said west 24.75 feet of the Northwest Quarter of the Southwest Quarter; thence southerly along said line 368.77 feet to the point of beginning. Passed by the Lino Lakes City Council this 26th day of April, 2010. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of April, 2010. 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. EIIISIINIi rllurEllil uESCmrn_un C N D. • CM fig o D a ma 0 = C C ▪ L ire mwm C_ —a: g s- vw °e sl Ea EG Anoka county. Minnesota 0 st 0 =°0 srr.an.amc arzaz = I iIn 111 EA:Z4."Rz Taile -gym -1 Dom' Ai o �i ati= CD CCa ge CD • _ 9�� - C'm % F�_<_sm_ e. D m= - 41m;d- -1a ,t.;'‹': 14i a1:N us°p>o_ °= n = . am¢ 1R d0 Nuns 37L' AD PAM 311! d0 7324 000ref ME DIL SD DIM MS secs ,....,=.;\ D�.;:t= 17dr .; �mmcc gg A_ 1 ,o. I ---+ I� . pimm ar ME SD Y/7 MD 3HL lD DID !0 1@'- =VD 758tl. 3HL dD 3mn DOW { 1 S88Yd4 Gor DINS 3®D do 0 WM tad remit Vd30 7si7Vti Invdpsqsa .0 .DD.r--.r. E i sls.on oas �1 M MS is /./ Mt 40 r /V0N mu d0 3M'■ 7400 -- m•rsl— SC g AD r/uL d0 a /wt-.�i'" 00- dD 191100 753a147106 •IP • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 26, 2010 TOPIC: Resolution No. 10 -38, Interim Use Permit for Open and Outdoor Storage As a Principal Use in a Light Industrial Zoning District, 2209 Phelps Road BACKGROUND Demolition and construction businesses have operated in the Phelps Road area for decades. The Light Industrial zoning district provides for open and outdoor storage as a conditional use and as an interim use, depending on the situation. The documentation is spotty regarding just what activities have been conducted on specific locations over time. This makes is difficult to determine which approval is required by the zoning ordinance: a conditional use permit or an interim use permit. Staff has determined that an interim use permit is the best option. This is explained in this report. Interim use permits are reviewed with the same submittal requirements, standards, and procedures as a conditional use permit as well as standards specific to the interim use permit. This requires a public hearing by the P & Z Board and a decision by the City Council. Arnt Construction owns property on the south side of Phelps Road and has requested an interim use permit to expand storage activities onto the north side of the road. The property on the north side of Phelps Road is not owned by the Amts. We are told they are negotiating to buy it from the current owner. We have received a letter from the current owner supporting the application. The interim use permit request is for the site on the north side of Phelps Road only. ANALYSIS Arnt Construction has requested an interim use permit to allow storage activities on the north side of Phelps Road. On its site south of the road, Arnt often has kept a stockpile of material that either has been crushed or will be crushed. This also has included topsoil at times. The company recently obtained a contract for demolition of the existing Main Street bridge over 1- 3 5E. The new contract means more material must be stored and processed, and more storage land is needed. Storage of material north of Phelps Road has occurred in the past. Staff conducted extensive research into minutes and permit files. but documentation does not prove conclusively that outdoor storage has been ongoing without breaks. Without a proven nonconforming use status Interim Use Permit 2209 Phelps Road page 2 (often referred to as being "grandfathered "), use of the site on the north of Phelps Road for open and outdoor storage needs a new approval. The research and conclusions are described in this report. The site is guided Industrial and zoned Light Industrial. Land to the west, south, and east is guided Industrial and zoned Light Industrial. Property abutting the north side is guided Commercial and zoned General Business. Phelps Road In the past, Phelps Road began at the old Otter Lake Road (abutting 1 -35E) and extended only about 850 feet to the east. In fact, it was a driveway or private road until 1977 when Miller granted a public road and utility easement to the City. The Amt family acquired a one -acre parcel at 2109 Phelps Rd. from Paul Miller in the 1970s. The City's property file includes building permits issued to Arnt in 1978. An additional lot of 1.8 acres to the east was acquired from Miller by Arnt soon after. This lot has no separate address, and the business has functioned across these properties, as well as onto the Miller property to the east, for some time. In 1988, Miller granted another easement which extended Phelps Road another 1320' east to the location of what is now the new Otter Lake Road. However, the deed specified that this easement was not to take effect until 2003 (fifteen years later). When the new Otter Lake Road was constructed in the 1990s, Arnt actually constructed the Phelps Road extension to City street standards, though it was a private road because the easement was not yet effective. Now that the easement is in effect, Phelps Road is entirely a public road. The land to the east of the two Arnt parcels actually is part of an 8 -acre parcel that lies both on the north and south sides of Phelps Road. This lot, still owned by Miller, was physically divided by the extension of Phelps Road, but never legally subdivided into two tax parcels. The area on the south of Phelps Road has been used as part of Arnt's activities, while the land on the north of the road has seen some changes in land use. The proposed interim use permit would include provisions to block off the east end of Phelps Road for limited periods of time to allow for a conveyor to cross the road and carry material from the crushing machinery on the south side to the storage area on the north side. Zoning and Permits On the Site(s): A History • February 13, 1968: City Council notes contact with Acton Construction regarding "purchasing property on the east side of the Village and rezoning of same " • Feb. 21, 1968: City Council sets special meeting and hearing regarding "the request of Acton Construction Co. to rezone their property near 35E & Main St. from residential- farming to commercial." • Feb. 26, 1968: Staff instructed to send letters to adjacent property owners about the hearing. —44— 110 • N • Interim Use Permit 2209 Phelps Road page 3 • March 11, 1968: Rezoning to Commercial approved. This includes the property currently owned by Miller and Arnt between old and new Otter Lake Road and abutting Phelps Road. • November 25, 1968: Building permit issued for 2209 Phelps Rd. for "60' x 120' for pole bldg. office bldg. size - check plan ". Presumably, this building permit is for two buildings. • August 25, 1969: City Council discusses Miller purchase of land on west side of 35E and development potential, including sewer service and a trailer park. Hearings set for September 17 (P & Z) and September 22 (City Council). • September 22, 1969: Hearing on rezoning at City Council. No specific plans presented, waiting for sewer service. P & Z had wanted specific plans. "That was okay by Mr. Miller, and the hearing was continued for up to six months." Miller thought he could have plans for P & Z by next meeting. City Council hearing continued to October 27. • November 24, 1969: City Council continues rezoning hearing to December 22. • December 22, 1969: Hearing dates moved to January 21 (P & Z) and January 26 (City Council). • January 26, 1970: City Council public hearing discussion of rezoning of 80 acres on east of 3 5E, but not land on west of freeway. Rezoning to industrial approved. (Exact land included not yet determined: have not yet found Ordinance 6P, which will include legal description of land.) • January 31, 1978: Building permit issued for 40' x 126' pole barn at 2209 Phelps Rd. • May 30, 1978: Building permit issued for 50' x 100' building on Amt site. • September 19, 1979: Building permit issued for "parking lot" on 2209 Phelps Road. • December 10, 1979: Building permit issued for 30' x 80' parking lot, 2190 Phelps Road. • November 6, 1980: Building permit for 20' x 60' parking lot, 2190 Phelps Road. • September 26, 1988: City Council approves site plan for 80' x 120' rock face block building on Amt site at 2190 Phelps Rd. A condition required removal of metal building within 7.5 years. • September 27, 1988: Building permit issued for 80' x 120' building at 2190 Phelps Rd. • June 24, 1996: City Council approves site plan for new 100' x 172' building of rock face block to replace the old metal building at 2109 Phelps Road. A variance from the Phelps Road setback also was granted. • February 11, 1997: Building permit issued for 17,000 sf building at 2190 Phelps Rd. • September 26, 1983: Conditional use permit granted for a cell phone tower on 2209 Phelps Road. There also have been various plumbing and electrical permits for the buildings listed above. Alternative Urban Areawide Review (AUAR) The site is within the area of the 2005 Alternative Urban Areawide Review (AUAR). The AUAR is an environmental review of an area of 4664 acres in the east and northeast portion of Lino Lakes. The AUAR provided a significant amount of planning and environmental information, much of which was incorporated into the draft new comprehensive plan. Development in the study area is exempt from requirements for additional environmental review such as an Environmental Assessment Worksheet or an Environmental Impact Statement as long Interim Use Permit 2209 Phelps Road page 4 as the development is consistent with the assumptions and mitigation plan of the AUAR. Each development proposal is compared to the AUAR mitigation plan to ensure consistency. The site on the north side of Phelps Road has no wildlife, wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. There is no unique farmland on the site. The storage activity will not increase water use or wastewater production. Traffic will not exceed what was assumed in traffic analyses to anticipate transportation impacts. The site is guided for industrial use, so the proposed use is compatible with the comprehensive plan. The proposed project has been compared to zoning requirements and permit conditions will ensure compatibility. Stormwater management is the primary issue from the perspective of potential environmental impacts. The site has been impervious for some time, so the proposal will not alter the rate or volume of runoff. (Even if unpaved, land that has been compacted by vehicles driving on it is considered impervious for purposes of calculating runoff) Water quality has been examined by the City Engineer and that information is included in this report. Water Quality Existing ground elevations and a berm contain the runoff for most of the site. The southeast corner of the site has an outlet pipe that leads to a drainage system on the east side of Otter Lake Road. This outlet area must have a sediment collection area with stabilized vegetation. This area must then be surrounded by silt fence or another barrier to protect it from excessive material runoff. Zoning Ordinances, Allowable Uses We have copies of previous zoning ordinances dated 1971, 1992, and 1997. The current ordinance was a significant overhaul of the 1997 version, and was adopted in 2003. These were reviewed for this application. No zoning districts at that time or since have listed outdoor storage of construction material or debris as a permitted use. The 1992 ordinance includes the following as a conditional use in the LI zone: "Open storage of materials and equipment when fenced and screened relating to the principal use." The 1997 ordinance includes, as a conditional use in the LI zone, "Open and outdoor storage as an accessory use" provide it meets specific screening, fencing, surfacing, lighting, and parking conditions. These conditions were amended and made more restrictive in 2000. The 1971 ordinance includes "Land Reclamation and Land Grading ", defined as "the reclaiming of land by depositing or moving material so as to alter the grade." Land reclamation was allowed by conditional use permit in all districts. In addition: "Depositing a total of more than fifty (50) cubic yards of material per acre, either by hauling in or regarding the area, shall constitute land reclamation." This text remained in the 1992 ordinance. _4.6_ as • w • • Interim Use Permit 2209 Phelps Road page 5 Similarly, the current zoning ordinance includes "Earth Moving and Land Reclamation ". This is allowed in all districts except that a conditional use permit is required when 5,000 cy or more is to be removed or deposited. The ordinance states that inclusion of this permit process in the ordinance does not automatically imply entitlement to such a permit. We have no record of a conditional use permit being issued to the site for Earth Moving and Land Reclamation. Communication towers like the one on the north parcel are allowed with a conditional use permit in the LI zone. It is not entirely clear just what activity on the site was allowed under the City's zoning ordinances over time. No zoning district allowed the storing of materials and equipment outdoors except by conditional use permit. As noted, there was the possibility of a conditional use permit, but there is no record of any being granted. Floodplain The site is within an unnumbered A zone on the floodplain map. This means it likely is within the floodplain, but the exact 100 -year flood elevation has never been determined. We have various documents that have assumed different flood elevations on the site and in the area. The differences are two feet or even more. The Rice Creek Watershed District has discussed this issue with Arnt representatives and have proposed a way to address this issue. When the new Otter Lake Road was constructed, compensatory storage was created to accommodate the floodplain fill created by the road. In fact, excess storage was created. The Watershed District has proposed that some of the excess storage be allocated to the material storage involved in this interim use permit. The Watershed notes that since the original floodplain fill permit was granted to the City of Lino Lakes, it is essential that the City concurs with the proposed solution. City staff recommends agreement with this proposal. This is included as a condition of approval of the interim use permit. Nonconforming Use Issues A nonconforming use is a use that lawfully occupied a building or land on the effective date of the zoning ordinance but that currently does not conform to the use regulations. Regulations change over time as a community evolves. What conformed to a city's zoning regulations at one time might not later in time after the regulations are amended. It is documented that Amt operated beginning in the 1970s. The nature of the activity there has not changed. On the north side of the road, Acton Construction began on the site in 1968. However, the businesses and uses on that site have changed. The files include building permits and sign permits for Acton Construction, Mr. Miller's company. However, there has been a Bobcat equipment business there in the interim. That is, it appears that the site use has not been construction material storage the entire time. At least one other use operated there for more than one year. Therefore, the nonconforming use status expired, in accordance with the zoning Interim Use Permit 2209 Phelps Road page 6 ordinance both in the 1970s and the current ordinance. The relevant passages are highlighted below. The point is that the concept and intent of the "nonconforming" status has been recognized for many years in the City's zoning ordinances. • The current zoning ordinance includes the following, which is very similar to the 1997 ordinance. (Underlining is added as hig}-Ilighting ) SECTION 3. GENERAL PROVISIONS Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Subd. 2. Non- Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non - conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non - conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non - conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non - conforming uses shall be eventually brought into conformity. B. Provisions. 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year: or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. in this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. • The 1971 and 1992 zoning ordinance includes the following provisions (underlining added):: Sec. 4, Subd. 3 Nonconforming t3ses and Structures. (1) Any structure or use lawfully existing upon the effective date of this ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. —48— • • • • Interim Use Permit 2209 Phelps Road page 7 (5) Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance. (6) Any nonconforming use of open land, that is use of land without buildings, lawfully existing upon the effective date of this ordinance may be continued for a period of three (3) years after the effective date of this ordinance, whereupon such nonconforming use shall cease. (8) A lawful nonconforming use may be changed only to a use that decreases its nonconformity. Existing Use Conditional Use Permit Clause It should be noted that there is a provision in the current ordinance (2003) that states the following: 14. All uses existing as of July 14, 1997 that are included in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. (Sec. 2, Subd. 2.B.14.) "Open and outdoor storage as an accessory use" was originally in the 2003 ordinance as a conditional use in the LI zone. (This has been amended since then to include strict restrictions on outdoor storage.) "Earth Moving and Land Reclamation" involving over 5,000 cy is another conditional use. An argument might be made that the site was used for such activities when the ordinance was si7ificantly amended in 2003. If true, the site could be considered to have a CUP for the land use and structures as they existed, and expansion would require an amendment to that CUP. However, it is unclear just what activities were occurring at any particular date. An April 1997 aerial photo appears to show some material piled near the north side of Phelps Rd., with some equipment elsewhere. An April 2001 aerial photo does not appear to show material stored north of the road. Some equipment is seen near the buildings and parlking area. These photos are not conclusive, nor is any other information on file. We know that Acton Construction was there and seems to have stored some material on part of the site at some point in time. However, we cannot determine anything more conclusive. Because of this, staff does not believe the City can conclude that material storage on the entire site north of Phelps Road should be considered a pre - approved use. Interim Use Permit 2209 Phelps Road page 8 Interim Use Permit Because the record of uses on the property north of Phelps Road is not definitive regarding specific activities, staff recommends that a new interim use permit is the most effective mechanism for regulating the use. An interim use permit will establish the applicant's right to use the site for outdoor storage and establish the parameters of the activity. Discussions with the applicant led to this as well as some parameters, which are included as several of the recommended conditions of approval. The interim use permit would effective for five years with the possibility of extension by the City. The open and outdoor storage would include vehicles and construction material. The east end of Phelps Road could be blocked off for limited periods of time after discussions with the Police Department and Centennial Fire District prior to each period. Access would remain open on the west end, at the old Otter Lake Road. We note that access to the cell tower is a private matter between the tower owner and the property owner leasing the site to the tower owner. The zoning ordinance includes a category "interim use permits ". The purpose of an interim use permit is as follows: Subd. 3. Administration: Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Section 2, Subd. 3 of the ordinance includes general standards for all interim use permits. These require compliance with the submittal requirements, standards and procedures for a conditional use permit as well. In addition, there are specific standards listed with each individual interim use in the zoning districts. The Light Industrial zoning district includes one interim use: open and outdoor storage as a principal use. (This was added in October 1997 and retained in the 2002 update.) The City should make findings on approvals or denials of interim use permits. Resolution No. 10 -38 includes findings that list the standards and criteria that must be met and how the proposal addresses them. • Interim Use Permit 2209 Phelps Road page 9 PLANNING & ZONING BOARD The P & Z held a public hearing on the interim use permit on April 14 and recommend approval. OPTIONS 1. Approve Resolution No. 10 -38 approving an interim use permit. 2. Deny the interim use permit, listing findings for the denial. 3. Return to staff with direction. RECOM1V1ENDATION Option 1 • • Site Location r .I f ■ r' -11 pun 7-.7111L 41111:1 1111 rish ®111113■rp7 15/1111,0. aank..411111124 tr 1x11111 PIP. site • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -38 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS A PRINCIPAL USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 2209 PHELPS ROAD WHEREAS, the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 2209 Phelps road north of Phelps Road, and WHEREAS, Section 8, Subivision 1.K of the zoning ordinance allows for open and outdoor storage as a principal use with an interim use permit, and WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2 below. b. Conforms to the applicable performance standards of this Ordinance. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal use d. The date or event that will terminate the use can be identified with certainty. • The interim use permit will expire in five (5) years, with the possibility of extension by the City Council. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. • No additional costs will be borne by the public. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. • The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: Subd. 2. Administration: Conditional Use Permits. B. Procedure. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. • The site is guided and zoned for industrial use. Traffic will not exceed what was assumed in traffic analyses to anticipate transportation impacts. The proposed activity will not increase demands on utilities. Stormwater will be managed according to City standards. No City capital improvements are needed. No natural features will be affected. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for industrial use. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. Resolution No. 10 -38 page 2 • • • • • • • Traffic will not exceed what was assumed in previous traffic analyses to anticipate transportation impacts. 8) The City does not relinquish any rights of local determination. • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. 10) The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is connected to municipal water and sanitary sewer. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • No City capital improvements are needed. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Similar activities and uses have occurred in the vicinity over time. There are no nearby residences. Adherence to the conditions of approval and City requirements will avoid negative impacts on others. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site on the north side of Phelps Road has no wildlife, wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. Finding 3. Section 8, Subd. 1.K. of the zoning ordinance includes one interim use in the Light Industrial zoning district: open and outdoor storage as a principal use. The proposed interim use permit complies with these specific standards as follows: a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned properties. • There are no residential zones or properties abutting the site. b. The setback shall include a buffer yard not Tess than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • There are no residential zones or properties abutting the site. c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. Resolution No. 1 0-3 8 page 3 • Screening exists along Otter Lake Road in the form of a berm three to four feet high and some tree plantings. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not use required parking or loading space. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. • No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner. • The site currently is fenced. g. The storage area is surfaced in a wear - resistant material determined by the City Engineer to be suitable to control dust and drainage. • The City Engineer's recommendations on the surface and drainage control will be conditions of the interim use permit. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. • No on- street parking is required. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code. J. • Noise is not anticipated to exceed current levels. The use is terminated upon a specified date or the happening of an event as determined by the City. • The interim use permit will be effective for five (5) years after the date of approval with the possibility of extension at the discretion of the City Council. Finding 4. The proposed interim use permit has been compared to and found to be consistent with the mitigation plan of the I -35E Corridor Alternative Urban Areawide Review. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Interim Use Permit for Open and Outdoor Storage as a Principal Use subject to the following conditions of approval: Resolution No. 10 -38 page 4 • • • • Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420012, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 2. This interim use permit is for open and outdoor storage of vehicles and construction materials. 3. This interim use permit is effective for five (54-years-from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. s{I 4. The east end of Phelps Road, y be blocked to allow for transfer of material to the north side of the road from the south side by conveyor or other means. a. Any such blocking of the road shall require notice to the Lino Lakes Police Department and the Centennial Fire District at least seven calendar days prior to the desired blocking period. It shall also require consultation with the Police Department and Fire District and an agreement or plan for managing emergency access and other issues related to the blockage. The west end of Phelps Road shall not be blocked during the same period. b. The Police Department shall monitor the situation during any period of such blocking and shall have the authority to convene a meeting to address any problems that have arisen. The agreement or plan for managing access and other issues shall be revised as recommended by the Chief of Police or his representative. c. Blocking of the end of Phelps Road may occur more than once a year but shall not occur for a total of more than eight (8) weeks of any calendar year. d. Appropriate signage notifying the public of the blocking of the road shall be determined and any cost of such signage is the responsibility of the property owner. 5. Prior to commencing storage activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. The Watershed District has proposed that, subject to concurrence by the City of Lino Lakes, excess compensatory storage created for floodplain for the Otter Lake Road project be used for the temporary material storage included in this interim use permit. The City Council concurs with this proposal. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 6. The repair of any damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the property owner. An enforceable agreement or commitment shall be submitted and kept on file. Activity authorized by this interim use permit shall not commence until such a commitment is submitted and approved by the City Attorney. Resolution No. 10 -38 page 5 7. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 8. This interim use permit shall be recorded against the property. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. 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. Resolution No. 10 -38 page 6 • • • • E • Property Addresses and Ownership Owner: Arnt Construction Company, Inc. Interim Use Narrative 2209 Phelps Road March 19, 2010 Paul K. Miller 1100 Jardin Drive Naples, FL 34104 Buyer: Amt Investments 2190 Phelps Road Hugo, MN 55038 Area of Interim Use: - 736 Acres North of Phelps Road ResCeiveto WY OP tiAto 14Es AR22Z010 Buildings: The site has an office and attached maintenance shop, two metal storage buildings constructed in 1969, a cell tower and new equipment building. The office is being used by Ivin/DOT for the County Road 14 Bridge Project. The maintenance shop and storage . buildings are being used by Arnt Construction Co., Inc. Site Drainage: The contour map grading plan denotes the present and proposed drainage patterns. We intend to install a sand filter upstream of the apron on the southeast comer of the property. Operation: The fenced in storage yard will be used to park equipment, stockpile fieldstone, riprap, salvage cut stone, recycled class 6 gravel, #2 keystone, granular borrow, storm sewer, watermain and sanitary sewer appurtenances, and occasionally topsoil. The material will be hauled out via Anoka County Road 84 (Otter Lake Road). Normally all rubble and recycled class 6 will be stockpiled south of Phelps Road. We receive rubble at 2190 Phelps Road from our projects, Moline Concrete, Anoka County, City of Lino Lakes, City of Centerville, City of Hugo and the residences in the area. We operate on a 24 -hour basis in order to comply with certain contracts with Mn/DOT and various Minnesota counties. • • • • RICE CREEDS WATERSHED DISTRICT April 13, 2010 Jeff Smyser, Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449 -4539 Phone: 763.398 -3070 • Fax: 763- 398 -3088 www,ricecreek.org RE: Proposed Floodplain Fill & Mitigation for 2209 Phelps Road Dear Mr. Smyser, RCWD FILE #10-025R The RCWD has reviewed the aggregate storage project proposed by Arnt Construction Company, Inc. for 2209 Phelps Road in Lino Lakes, MN. The activity will meet the definition of fioodplain fill for the duration it is undertaken at this site, triggering RCWD Rule E (Floodplain Alteration) and Rule D (Erosion and Sediment Control Plans). As proposed, this activity will not trigger regulation by any of RCWD's other Rules and the project has not been reviewed against these Rules. Our understanding is that the City of Lino Lakes is considering issuance of an interim land use permit to allow the proposed activity with a sunset of five years and that if the activity is planned to continue beyond this timeframe, the existing interim land use permit would be reconsidered at that time and either be extended or allowed to expire. While the fill activity may be considered temporary at this time, our Rules do not make an allowance for temporary floodplain fill. After determining that the activity would result in floodplain fill, we met with Nicholas Arnt to discuss the project in further detail and how this fill may be mitigated. As it turns out, the RCWD issued a permit to the City of Lino Lakes (RCWD fi98 -108) in 1998 to facilitate the relocation of Otter Lake Road and possible future development of an industrial park in the same area as the project in question. Arnt Construction Company, Inc. was the contractor for the Otter Lake Road project and now owns or has purchase options on the majority of this property which remains largely undeveloped. According to the engineer's report for RCWD Permit #09 -108, 15,900 cubic yards (9.86 acre -feet) of floodplain fill were required by the project which was mitigated in excess by the excavation of a required wetland mitigation site adjacent to Clearwater Creek. The engineer's report did not quantify the floodplain storage volume created in excess of permit requirements, however. Mr. Arnt was asked to provide floodplain fill and mitigation volume calculations for his proposed aggregate storage project (assuming the entire proposed location would be filled) and for the wetland mitigation site, respectively. He submitted calculations showing that the maximum floodplain fill generated by Arnt Construction's proposed activity is 3.69 acre -feet while the fioodplain storage created BOARD OF Barbara A. Haake Rick A. Mastell Harley M. Ogata Patricia L. Preiner John J. Waller MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County by the wetland mitigation site was 14.93 acre -feet. A calculation of remaining floodplain storage is provided below: 14.93 Ac -Ft Total additional volume created by wetland mitigation in 1998 — 9.86 Ac -Ft Total floodplain fill from 1998 Otter Lake Road project — 3.69 Ac -Ft Total floodplain fill currently proposed by Arnt Construction = 1.38 Ac -Ft Remaining excess floodplain storage volume This demonstrates that the floodplain system in this stretch of Clearwater Creek has the ability to handle the temporary fill proposed by Arnt Construction Company, Inc. The RCWD does not operate a floodplain volume banking program, nor does it intend to create one. Additionally, the City of Lino Lakes, not Arnt Construction, was the original permitee for the Otter Lake Road Project when the excess floodplain storage was created. Considering the interim nature of the approval being considered by the City of Lino Lakes, the RCWD is willing and proposes to accept this demonstration of available floodplain storage volume to facilitate the proposed temporary project. Due to past project history in this location, however, we feel concurrence by the City of Lino Lakes is essential. If the City agrees, no additional permitting would be required by the RCWD for this project. If the City is not comfortable allocating the floodplain "credit" from its previous Otter Lake Road relocation project as proposed herein, the applicant would then be required to obtain a RCWD permit and construct appropriate floodplain mitigation onsite. If permanent floodplain fill becomes a part of any plan at this location, those plans would be again subject to RCWD review and approval through our standard permitting procedures. If you have any additional questions or concerns about this proposal, please contact me directly at (763) 398 -3072 or kaxtell @ricecreek.org. Please provide a written response detailing the City's opinion regarding this proposal. If approved, also please provide us with a copy of the issued interim land use permit for our records. e Axteli Water Resource Specialist CC: Nicholas Arnt — Arnt Construction Company, Inc. RCWD Files 10 -025R, 98 -108 • • • • • Proposed Land Use Plan 2002 Comprehensive Plan COMMERCIAL COMMERCIAL INDUSTRIAL LOW DENSITY RESIDENTIAL I • • • • Main St Zoning Map GB site Phelps R6 ad ■ Ilt >iti0 MI Rural SOO Nat 7 TEmw4rrt Tor Ingress. eras. s te•t 1WDmea Pe- / old d Na 7468714. 1 .10L7 flat al of le. me 90900 ms 1 z fllM 1 ,• /e 217 ` - ea �--i >u R .1 I. r'"" per 20.7 C f '�♦ R ra.I .It EXISTING CONDITIONS SURVEY FOR ARNT CONSTRUCTION COMPANY N8855$47 1 '-fart afteattart ••sour nom, ••a rata -__.pa •R '�I 4 IA 16110 .t bate it ` s } n ° •wan B'td •ea r4 1 9: Nut 91 • psi • rMa Mae .®s WSJ •na Maw {la?e.rrtrmr And tDae 1 .. 1 . eat e.41 !'k wu sot Existing 75'98979 m< Tat LA 1. not Ant •.m, 1 •m -= = )1WIIT6e 11•7/4 5E7 /4 See 24, 731/4 112211 as Ertsi•2 Eaedbg KOS. em. 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Stott of IOMmta fatior L Woof- 214.41044 theme tad 301,74 qeg. !b. 19427 Dote 3722/2010 OD AGENDA ITEM 6C(i) STAFF ORIGINATOR: Marty Asieson MEETING DATE: 4!26/10 TOPIC: Consider Second Reading of Ordinance No. 07-10, Amending the City Code, Chapter 902: Tree Diseases, relating to Emerald Ash Borer VOTE REQUIRED: 315 BACKGROUND Emerald Ash Borer (EAB) is an invasive, non - native introduced pest that came into the USA from ports in Detroit, Michigan in 2002. Once EAB gets established in a city, all of that city's ash trees will be killed within five to ten years. In preparation for EAB it is suggested that as a first step, the City update its Tree Disease Ordinance to include controls for Emerald Ash Borer. The City Council approved the first reading of Ordinance No. 07 -10 on April 12, 2010. Staff is now requesting approval of second reading. Changes made to Chapter 902 are underlined and changes since the first reading are noted in red ink. If second reading is approved, the ordinance will be published and will become effective after 30 days according to the City Charter. RECOMMENDATION Approve second reading of Ordinance 07 -10, Amending the City Code, Chapter 902: Tree Diseases, relating to Emerald Ash Borer ATTACHMENTS 1. Ordinance 07 -10 • 1st Reading: 2nd Reading: Publication: Effective: • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07 -10 Amending Title 900, Chapter 902 of the Lino Lakes Code of Ordinances relating to Tree Diseases. The City Council of Lino Lakes ordains: Section 1. That Section 902.01 of the above - entitled ordinance be amended by adding thereto a new subdivision (3) to read as follows: 902.01 NUISANCES DECLARED. The following are declared to be public nuisances whenever and wherever they may be found in the city. (3) All Species and Varieties of Ash trees (trees of the genus Fraxinus) infested with Emerald Ash borer (Agrilusplanipennis Fairmarie), and all species and varieties of Ash trees that are dead or substantially dead, all dead ashwood to which the bark is still attached which because of their condition, may serve as a breeding place for Emerald Ash Borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances and furthermore all ash trees are hereby declared to be public nuisances as determined by (2) or more visual symptoms as listed herein; basal sprouting, bark fissures, woodpecker damage (holes). One - eighth inch (1/8 ") D shaped holes, presenence of larvae or the adult Emerald Ash borer (Agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries. Section 2. That Section 902.03 of the above - entitled ordinance be amended to read as follows: 902.03. INSPECTION AND INVESTIGATION. The Council may designate a person or persons who shall inspect all premises and places within the city as often as practical or necessary to determine whether any condition described in § 902.01 exists thereon. The tree inspector shall investigate all reported incidents of infestation by oak wilt fungus or Dutch elm fungus or elm bark beetles or emerald ash borer. The tree inspector so designated by the Council may enter upon private premises at any • • • reasonable time for the purpose of carrying out the duties assigned to him or her under this chapter. That person or persons shall, upon finding conditions indicating oak wilt, or Dutch elm infestation, or emerald ash borer take steps for diagnosis as may be appropriate including analysis lay-a- qualified laboratory of twig samples from actively wiltingbranchcs. Whenever possible, diagnosis shall be based upon accepted field symptoms. Section 3. That Section 902.05, subdivision (1), of the above - entitled ordinance be amended to read as follows: 902.05 PROCEDURE FOR ABATEMENT AND REMOVAL. (1) Whenever it is found with reasonable certainty that the infestation exists, he or she shall proceed as follows. If the tree inspector finds that the danger of infestation of other oak, elm, or ash trees is net imminent, he or she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the owner at his or her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15 of the following year. The tree inspector shall immediately report the action to the Council and after the expiration of the time limited by the notice, the tree inspector may proceed to abate the nuisance as herein provided. The cost of the abatement shall be assessed against the owner of the property involved or against the property itself. Section 4. That Section 902.05 of the above - entitled ordinance be amended by adding thereto a new subdivision (9) to read as follows: 902.05 PROCEDURE FOR ABATEMENT AND REMOVAL. (9) Ash trees found to be infected with Emerald Ash Borer must be treated and /or disposed of in compliance with all recommendations of the Minnesota Department of Agriculture, and the Minnesota Department of Natural Resources Section 5. That Section 902.06 of the above - entitled ordinance be amended to read as follows: 902.06 TRANSPORTING ELM AND ASH, AND OAK WOOD PROHIBITED. It is unlawful for any person to transport within the city any bark - bearing elm, oi-oak, or ash wood without having obtained a permit from the city forester. The city forester shall grant the permits only when the purposes of this chapter will be served thereof. • • Section 6. Effective This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. 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. • • AGENDA ITEM 6C(ii) STAFF ORIGINATOR: Marty Asieson MEETING DATE: 4126/10 TOPIC: Consider Resolution No. 10-41, Approving a Summary of Ordinance No. 07 -10 for publication VOTE REQUIRED: 415 BACKGROUND The City Council is considering second reading and passage of Ordinance 07 -10 amending Chapter 902 of the Lino Lakes Code of Ordinances relating to Tree Diseases to include language for the Emerald Ash Borer. Once adopted all ordinances must be published in the city's official newspaper. However, state statute allows the city by a 4/5 vote of the city council to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves on publication costs. Resolution No. 10- 41 includes the summary prepared by staff and authorizes summary publication. RECOMMENDATION Staff is recommending approval of Resolution No. 10-41, approving a summary publication of Ordinance No. 07 -10. ATTACHMENTS 1. Resolution No. 10 -41 2. Summary Ordinance No. 07 -10 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -07 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 07 -10 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 07 -10, amending City Code Chapter 902, relating to Emerald Ash Borer ; and WHEREAS, Minnesota State 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 WHEAEAS, 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. Passed by the Lino lakes City Council this 26th day of April, 2010. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. 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 10 -41 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 07 -10 AN ORDINANCE AMENDING CHAPTER 902 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO TREE DISEASE, ADDING EMERALD ASH BORER. The purpose of amending the City's tree disease regulations is to include controls to manage the infestation of Emerald Ash Borer. Section 902.01 is amended to declare Emerald Ash Borer as a nuisance. Section 902.03 is amended to direct the inspection and diagnosis of reported infestation of Emerald Ash Borer. Section 902.05 is amended to order the removal of diseased ash trees. Section 902.05 is amended to prohibit the transportation of ash wood. Passed by the Lino Lakes City Council on April 26, 2010. 410 This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • AGENDA NDA ITEM 6 D i STY ' ORIG ATOR: Jeff Smyser C.C. I�ETI G DA IL: April 26, 2010 TOPIC: Consideration of Resolution No. 10-33 Main Street Village Extension of Time VOTE REQUIRED: 3/5 BACKGROUND On February 11, 2008, the City Council approved the Main Street Village project. This included the approval of three resolutions: - Resolution No. 08 -17 for a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution 08 -18 for a Conditional Use Permit for a Motor Fuel Station; and - Resolution 08 -19 for a Conditional Use Permit for Commercial Car Wash. A planned unit development (PUD) development stage plan must be followed by the PUD final plan application within twelve months. Similarly, a final plat must be submitted within one year of the preliminary plat approval. For a conditional use permit (CUP), construction must begin within one year of approval. Ordinances allow extending these approvals, and they were extended with Resolution No. 09 -76. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. This project would provide some new commercial tax base near the I -35E interchange. The recommendation is to extend the deadlines Since the final plat must be approved prior to construction of the infrastructure needed by any uses on the site, construction of the gas station and car wash can begin later than the fmal plat submittal. OPTIONS 1. Approve Resolution No. 10 -33 granting extensions for submitting the PUD -final plan /final plat and for construction to begin on the motor fuel station and carwash. 2. Deny Resolution No. 10 -33. 3. Return to staff with direction. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10-33 RESOLUTION APPROVING AN EXTENSION OF TIME ON THE PLANNED UNIT DEVELOPMENT FINAL PLAN, FINAL PLAT, AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: - Resolution No. 08 -17, a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution No. 08 -18, a Conditional Use Permit for a Motor Fuel Station; and - Resolution No. 08 -19, a Conditional Use Permit for Commercial Car Wash. and WHERAS, Section 2, Subd. 10.F.8.g. of the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan but allows an extension for six month intervals, and the extension can be approved after the deadline date passes; and WFIERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08 -18 and 08 -19 cannot receive building permits until the final plat has been approved; AREAS, the City Council approved extensions of project deadlines on with Resolution No. 09 -76; and WHEREAS, a request has been submitted to the City for additional extension; WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: • • • • • • 1. A PUD -final plan/final plat application for the CUP/PUD approved with Resolution No. 08 -17 must be submitted by October 1, 2010. 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin within six months of final plat approval. BE IT FURTHER RESOLVED, that all of the conditions of approval included in Resolution Nos. 08 -17, 08 -18, and 08 -19 continue to apply. Jeff Reinert, Mayor Al "PEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 2009. 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. —62— Resolution No. 10 -33, page 2 • • AGENDA rFEM 6 D STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: April 26, 2010 TOPIC: Consideration of Resolution No. 10 -34 Extension of Time for The Preserve P0't'E REQUIRED: Simple Majority BACKGROUND In 2006 the City Council approved The Preserve, a residential subdivision. This approval included: - Ordinance 08 -06: Rezone to Planned Unit Development (PUD) - Resolution 06 -137: Development Stage Plan/Preliminary Plat A PUD development stage plan must be followed by the final plan application within twelve months. Likewise, a final plat must be submitted within one year of the preliminary plat approval. The project did not meet these deadlines due to the widespread slowdown in development in the region. The City extended the deadline twice with Resolutions 08 -109 and 09 -77. The recommendation is to extend the PUD final plan/final plat submittal deadline once again. The preservation of open space on this site will be an important step in the implementation of the City's larger greenway vision. The Preserve site includes a high value natural resource area that includes a major drainage through the southern part of Lino Lakes. Permanent open space is to be created behind most lots that extends for hundreds of feet. These areas are to be placed in a permanent conservation easement. The approval included a restoration and management plan for wetlands and other open space. A public trail also would be created. OPTIONS 1. Approve Resolution No. 10 -34 granting an extension for submitting the PUD -final plan /final plat. 2. Deny Resolution No. 10 -34. 3. Return to staff with direction. RECOMMEND A'I ION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10-34 APPROVING AN EX1INSION OF TIME FOR THE PLANNED UNIT DEVELOPMENT FINAL PLAN AND FINAL PLAT FOR THE PRESERVE WHEREAS, on September 11 and August 28, 2006 the City Council granted approvals for the The Preserve project with the following actions: - Ordinance 08 -06: Rezone to Planned Unit Development (PUD) - Resolution 06 -137: Development Stage Plan/Preliminary Plat and WHERAS, Section 2, Subd. 10.F.8.g. of the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan but allows an extension for six month intervals, and the extension can be approved after the deadline date passes; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, the City granted extensions with Resolutions 08 -109 and 09 -77; and WHEREAS, a request has been submitted to the City for additional extension; and WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves an extension for submittal of the PUD -final plan/final plat application for the Planned Unit Development originally approved with Resolution No. 06 -137. BE IT FURTHER RESOLVED, that the following conditions apply: 1. The PUD -final plan/final plat application must be submitted by October 1, 2010. 2. All of the conditions of approval included in Resolution No. 06 -137 continue to apply. Jeff Reinert, Mayor • • • • • 1'hST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of April, 2010. 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. Resolution No. 10 -34, page 2 • • AGENDA ITEM 6 D iii STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: April 26, 2010 TOPIC: Consideration of Resolution No. 10 -35 Extension of Time for Moon Marsh VOTE REQUIRED: Simple Majority BACKGROUND In 2007 the City Council approved the Moon Marsh project with Resolution No. 07 -142. This approved a Conditional Use Permit for a Planned Unit Development and PUD Development Stage Plan/Preliminary- Plat. A PUD development stage plan must be followed by the final plan application within twelve months. Likewise, a final plat must be submitted within one year of the preliminary plat approval. Construction must begin within one year of approval of a conditional use permit. The project did not meet these deadlines due to the widespread slowdown in development in the region. The recommendation is to extend the PUD final plan/final plat to October 1, 2010. The preservation of open space on this site will be a step in the implementation of the City's larger greenway vision. The Moon Marsh site includes a high value natural resource area. Permanent open space is to be created within the site that will be placed in a permanent conservation easement. OPTIONS 1. Approve Resolution No. 10 -35 granting an extension for submitting the PUD -final plan /final plat. 2. Deny Resolution No. 10 -35. 3. Return to staff with direction. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -35 APPROVING AN EXTENSION OF TIME FOR THE CONDI'T'IONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FINAT, PLAN AND A FINAL PLAT FOR MOON MARSH WHEREAS, on September 10, 2007 the City Council granted approvals for the Moon Marsh project with Resolution 07 -142 approving a Conditional Use Permit for a Planned Unit Development and PUD Development Plan/Preliminary Plat; and WHERAS, Section 2, Subd. 10.F.8.g. of the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan but allows an extension for six month intervals, and the extension can be approved after the deadline date passes; and WHHIER4S, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, Section 2, Subd. 2.13.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and AREAS, the City granted extensions with Resolutions 08 -106 and 09 -78; and RREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: 1. Submittal of the PUD -final plan/final plat application for the Planned Unit Development approved with Resolution No. 07 -142. 2. Beginning of construction under the Conditional Use Permit requirement. BE IT FURTE -ER RESOLVED that these extensions are subject to the following conditions: 1. The escrow account must be paid in full prior to any additional City review, action, or activity that would incur additional charges against the escrow. 2. The PUD final plan/final plat must be submitted by October 1, 2010. • • • 3. Construction must begin within six months of final plat approval. 4. All of the conditions of approval included in Resolution No. 07 -142 continue to apply. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 2009. 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. _6g_ Resolution No. 10 -35, page 2 • AGENDA ITEM 6.D.iv STAFF ORIGINATOR: Paul Bengtson C.C. MEETING DATE: April 26, 2010 TOPIC: Consideration of Resolution No. 10 -36 Century Farm North 5th Addition • Planned Unit Development Extension of Time VOTE REQUIRED: Simple Majority BACKGROUND The Century Farm North project received preliminary plat approval in 2003 with Resolution No. 03 -60. The approval included a phasing plan that would allow the final platting of certain dwelling units annually over five years time. The City's subdivision ordinance requires that a final plat be submitted within one year of the final plat of the previous phase. The City Council previously adopted Resolutions 07 -165, 08 -107 and 09 -39, which allowed the developer until April 30, 2010 to submit the fmal plat for the fifth phase. The developer has asked for another extension. The city's growth management policy monitors both lots platted and MUSA allocated. This development originally was allocated 33 lots and 9.4 acres of MUSA in 2007. As development has slowed, these can easily be provided for within the pre -2010 lot and MUSA allocations. Each phase of Century Farm North requires the creation of a new long term escrow account, so no money is currently held by or owed to the city in regards to the fifth phase. A full final plat application will be required when the developer is ready to proceed, which will include an escrow deposit per the city's fee schedule. RECOMMENDATION Staff is recommending adoption of Resolution No. 10 -36 approving an extension for the Final Plat submittal.. subject to the following conditions: 1. The complete Final Plat for Century Farm North 5th Addition must be submitted by October 1, 2010; unless an additional extension is granted by the City Council. 2. All conditions of approval for Resolution No. 03 -60 will continue to apply to the site. 3. The 9.4 Acres of MUSA reserve assigned to Century Farm North 5th Addition by Resolution No. 03 -60 shall not be reallocated to a different project if the final plat for the 5th Addition is submitted by October 1, 2010. ATTACHMENTS 1. Resolution No. 10 -36 _69_ Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -36 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE SUBMITAL OF THE FINAL PLAT CENTURY FARM NORTH 5TH ADDITION WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the Planned Unit Development — Development Stage Plan for Century Farm North, approved by the City Council on April 28, 2003 with Resolution 03 -60, included a phasing plan for final platting a specified number of units each year, and WHERAS, the phasing plan also specified numbers of acres of Metropolitan Urban Service Area (MUSA) reserve that would be granted to each annual phase, and WHERAS, the city's Subdivision and Platting Ordinance requires the final plat for subsequent phases be submitted within one year of approval of the final plat for the previous phase, and WHEREAS, a request has been submitted to the City to extend the time allowed for submittal of a final plat upon approval by the City Council, and WHEREAS, the Planned Unit Development — Development Stage Plan for Century Farm North is still in compliance with City requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves an extension to the submittal time of the final plat for Century Farm North 5th Addition, subject to the following conditions: 1. The complete Final Plat for Century Farm North 5th Addition must be submitted by October 1, 2010; unless an additional extension is granted by the City Council. 2. All conditions of approval for Resolution No. 03 -60 will continue to apply to the site. 3. The 9.4 Acres of MUSA reserve assigned to Century Farm North 5th Addition by Resolution No. 03 -60 shall not be reallocated to a different project if the final plat for the 5th Addition is submitted by October 1, 2010. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of April 2040. 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 duty passed and adopted. —70— • • • • • • AGENDA ITEM 6 E ST AI ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 26, 2010 TOPIC: Resolution No. 10 -30 Summary of Ord. No. 05 -10 for Publication VOTE: 4/5 BA CKG-ROUND The City Council approved the second reading of Ordinance 05 -10 on April 12. Resolution No. 10-30 is the summary of the ordinance for publication. Minnesota Statutes allows the City Council to approve by a 4/5 vote that a summary be published. This saves the City money for space in the newspaper. The City Council did not have the required four members present on April 12. OPTIONS 1. Approve Resolution No. 10 -30. 2. Return to staff with direction. RECOMMENBA'1'!ON Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10-30 RESOLUTION APPROVING A SUMMARY OF ORD] A.NCE NO. 05-10 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 05 -10, amending the Town Center Design & Development Guide Regarding, Outdoor Dining /Seating; and WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and 'WHEREAS, the City Council determines that the summary in Attachment A clearly informs the public of the intent and effect of Ordinance No. 05 -10, 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 12th day of April , 2010. Jeff Reinert, Mayor A MST: 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 No. 10 -30 CL'1'Y OF LINO LA..F.S COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 05 -1O AN ORDINANCE AMENDING THE TOWN CENTER DESIGN & DEVELOPMENT GUIDE REGARDING OUTDOOR DIN NGISEATLNG Section 1: Findings: 1) The area called Legacy at Woods Edge, rezoned to Planned Unit Development by Ordinance No. 04-04, is subject to the Lino Lakes Town Center Design & Development Guide as well as the Zoning Ordinance and City Code. 2) The Development Guide requires a conditional use permit for outdoor dining/seating for eating places /restaurants /private clubs and lodges. The Development Guide does not address outdoor seating for other uses. 3) A conditional use permit adds time and expense for a business without providing a benefit to the public that can't be otherwise provided. 4) Outdoor seating is a suitable use in the Commercial and Mixed Use land use districts. 5) The amendments support policies and strategies in the Comprehensive Plan. 6) Amending the Development Guide is considered a zoning amendment and the amendment meets applicable criteria. 7) The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on March 10, 2010 and recommended approval. Section 2: The Town Center Design & Development Guide is amended as follows: Section 3.1, Table 1: Outdoor Dining /Seating are accessory uses instead of conditional uses in the Commercial and Mixed Use land use districts for: Eating places /restaurants /private clubs and lodges; Food stores; and Convenience stores. Alcohol service is an accessory use instead of a conditional use. Outdoor dining /seating is subject to Section 3, Subd. 16 of the Lino Lakes Zoning Ordinance except as specified. Appendix A: Requirements for accessory outdoor seating areas are removed from the list of conditional uses because they will be accessory uses. Section 3 As above amended, said Development Guide shall stand as initially passed and previously amended. Section 4: This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council on April 12, 2010. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. ST F OR1GP 4TOR: CITY COUNCIL KEE.TENG DATE: AGENDA ITEM 6Fi James E. Studenski, City Engineer April 26, 2010 TOPIC: Resolution No. 10 -39, Declaring Costs to be Assessed., Pine Street Paving Improvements. ACTION REQUIRED: Simple Majority BACKGROUND: A Public Hearing was held for the Pine Street Paving Improvements on October 26, 2009. Before any further action could be taken on the proposed project as required by the City Charter, 60 days was required to elapse following the Public Hearing, that date was December 25, 2009. The Public Hearing was initiated by a resident petition to research the costs of paving Pine Street. The feasibility report for this paving improvement project was prepared in coordination with the City of Columbus. The estimated improvement project costs to pave Pine Street from Lake Drive to 4th Avenue are $398,500. The costs to pave Pine Street will be split as a 50% - 50% cost share with the City of Columbus. Assessments for the Lino Lakes residents on Pine Street will total $199,250.00 and will be 100% assessed to the benefiting properties. The next step in the process is to declare the costs to be assessed. Attached is the assessment breakdown. RECOMMENDATION: Stafrecommends approving Resolution Number 10 -39, Declaring Costs to be Assessed, Pine Street Paving Improvements. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -39 RESOLUTION DECLARLNG COSTS TO BE ASSESSED, PPE STREET PAVLNG IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the 28th day of September 2009 called for a Public Hearing on the proposed paving improvements of Pine Street from Lake Drive to 4th Avenue, AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 26th day of October, 2009, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, The costs to pave Pine Street will be split as a 50% - 50% cost share with the City of Columbus and it is proposed to finance the project with special assessments assessed 100% to the benefited property owners, AND WHEREAS, this improvement project will be subject to a Joint Powers Agreement between the City of Columbus and the City of Lino Lakes Regarding the Pine Street Paving Improvements and Maintenance, WHEREAS.. pursuant to a resolution passed by the council on January 25, 2010, TKDA has prepared plans and specifications for the paving improvement of Pine Street and has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LLNO LAKES, MINNESOTA: 1. The project is 100% assessed to the benefited property owners. The City will be assessing $199,250.00 at this time. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. • • The City Clerk shall upon the completion of such proposed assessment, notify the council thereof. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of April, 2010. 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. • • April 26, 2010 Assessment Roll w w Et to L CO CD ❑ CO M M O CO r w 1 ER 64 In LO LOD > U) N r` W CD O < Y co M Q co r z O J _ EP, en- 1— w O O > Ln to N ti ❑ J r co w Q r-- N O E 64 co i- Z w w co > o 0 LLCC ci o N N CO W - d OU W Cry c - CD z2 d w2 5 ti Q N d Z rf O Q = s 1- F P J W C/) Cn W 5 p 0 0 - O zi a. < < o o Q 2 2 zILLI 17- C/) U U F W W 0 0 0 Ln a) a) 64 $ 398,500.00 C!) o U z W -� W O —o- Z ❑ UJ O LLJ ~ c!)Ucn W <O O l— H C!) 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CD r- CO C) rO T N ' f r N N 0 O a) CA 64 0 LC) I` CA M en- 69- O Ln o 0) co Cis 64 M Ca O r_ 0014292.005 • • STAFF ORIGINATOR: CITY COUNCIL MEETPiG DATE: TOPIC: AGENDA ITEM 6Fii James E. Studensli, City Engineer April 26, 2010 Resolution No. 10-40, Calling for a Public Hearing on Proposed Assessments, Pine Street Paving Improvements. ACTION REQUIRED: Simple Majority BACKGROUND: Following the City's action declaring cost to be assessed for the Pine Street Paving Improvements project, the City must call for a Public Hearing on the proposed assessments. It is staffs recommendation to call for a Public Hearing on the proposed assessments for the Pine Street Paving Improvements project. The Public Hearing, Adopting the Proposed Assessment Role for the paving improvements of Pine Street will be held at the May 24, 2010 City Council Meeting. RECOMMENDATION: Staff recommends approving Resolution Number 10 -40, Calling for a Public Hearing on Proposed Assessments, Pine Street Paving Improvements. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -40 RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ASSESSMENTTS, PINE STREET PAVING IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the 28th day of September 2009 called for a Public Hearing on the proposed paving improvements of Pine Street from Lake Drive to 4th Avenue, AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 26th day of October, 2009, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A Public Hearing shall be held on the 24th day of May, 2010 in council chambers of City Hall at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 15, 2010; If assessment is not paid in full, interest shall accrue bea-inning on November 15, 2010. The owner may, at any time thereafter, pay to • • • the City Treasurer the entire amount of the assessment remaining unpaid; with interest accrued. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of April, 2010. 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. COUNCIL MINTJTES April 12, 2010 DRAFT •CITY OF LINO LAKES 2 MINUTES 4 DATE : April 12, 2010 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:15 p.m. 7 MEMBERS PRESENT : Council Members Gallup, Roeser, and 8 Mayor Reinert 9 MEMBERS ABSENT : Council Members O'Donnell, Rafferty, 10 11 Staff members present: City Attorney Joseph Langel; Community Development Director Michael 12 Grochala; Chief of Police Dave Pecchia; Finance Director Al Rolek; Environmental Coordinator 13 Marty Asieson; City Engineer Jim Studenski 14 15 PUBLIC COMMENT 16 17 Peggy Little, 7775 Clydesdale Circle, reported her concern about the possibility of a group home 18 locating in her neighborhood. She would like to understand up front who would be housed in that 19 facility. 70 21 Gary Specator, 7785 Clydesdale Circle, noted that he has forwarded information in email form 22 already and won't repeat all of that. He is concerned that Anoka County is not forthcoming with • 23 adequate information about this group home situation, either to the residents or the city. The county 24 is offering to hold an informational community meeting to provide factual information about the 25 situation; the city should be a willing participant. 26 27 Mayor Reinert noted that the council is putting the matter of the group home on their May 3, 2010 2s work session agenda. He has lots of questions and some concern about the operation of the house; 29 future plans and opportunities need to be understood. 30 31 SETTING THE AGENDA 32 33 The agenda was approved as presented. 34 35 CONSENT AGENDA 36 37 Council Member Gallup moved to approve the Consent Agenda. Council Member Roeser seconded 38 the motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 39 40 ITEM ACTION 41 42 Consideration of Expenditures: 43 •44 April 12, 2010 (Check No. 87947 — 45 88027, $233,087.50) Approved COUNCIL MINUTES April 12, 2010 DRAFT 46 47 Centennial Fire District (Check No. 4222- 48 4251, $40,059.04) Approved 49 50 FINANCE DEPARTMENT REPORT. AL ROLEK 51 52 2A. Resolution No. 10 -31 Providing for Issuance and Sale of Approximately S1,015,000 General 53 Obligation Improvement & Utility Revenue Refunding Bonds Series 2010A - Finance Director 54 Rolek explained an opportunity to refinance some of the city's general obligation bond debt with 55 savings possible in the area of $45,000. 56 57 Terri Heaton, Springsted, Inc., reviewed the refunding proposal including savings made possible 58 through a reduced interest rate. 59 60 Council Member Roeser moved to approve Resolution No. 10 -31 as presented. Council Member 61 Gallup seconded the motion. Motion carried on a voice vote; Council Members O'Donnell Rafferty 62 absent. 63 64 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 65 66 3A. Consider Lease Agreement with North Memorial Ambulance 67 •68 The Mayor noted that this item was postponed at the last meeting and he has been informed by staff 69 that the lease documents are still under necessary legal review. Staff is therefore recommending that 70 the matter be postponed to the next meeting. 71 72 Council Member Gallup moved to postpone to April 26, 2010. Council Member Roeser seconded the 73 motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 74 75 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCITLA 76 77 There was no report from the Public Safety Department. 78 79 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 80 81 There was no report from the Public Services Department. 82 83 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICFLAEL GROCHALA 84 85 6A. Public Hearing. Consider First Reading of Ordinance No. 06 -10, Vacating a Drainage and 86 Utility Easement, 1612 Birch St - Community Development Director Grochala reported that a minor 87 subdivision was approved by the council with a condition that this drainage and utility easement be 88 achieved. Since the easement was not filed and the property owner is no longer seeking the 89 subdivision, staff is recommending that council approve the vacation. • 90 2 _82_ • COUNCIL, MINUTES April 12, 2010 DRAFT 91 Under state statute, however, the item requires a four -fifths vote of the council. Since there are two 92 council members absent from meeting this evening, staff recommends that the public hearing be held 93 but that the item be postponed. 94 95 Mayor Reinert opened the public hearing. 96 97 There was no one present wishing to speak on the matter. 98 99 Council Member Gallup moved to close the public hearing. Council Member Roeser seconded the 100 motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 101 102 Council Member Gallup moved that Ordinance No. 06 -10 be postponed to the meeting of April 26, 103 2010. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 104 105 106 107 - •- .. • ... -.. 108 109 The council had been informed that the applicants withdrew their application so the request was 110 withdrawn from the council agenda. 111 112 6C. Town Center Design & Development Guide • 113 i. Consider Second Reading of Ordinance No. 05 -10, Amending a Planned Unit Development by 114 Amending the Town Center Design & Development Guide Regarding 115 Outdoor Dining /Seating — City Planner Smyser noted that the council approved first reading of this 116 ordinance on March 22, 2010; the proposed ordinance amends the outdoor seating and dining 117 requirements within the Town Center area as was outlined and discussed at the first reading. 118 119 Council Member Gallup moved to approved second reading and passage of Ordinance No. 05 -10 as 120 presented. Council Member Roeser seconded the motion. The motion was approved: Yeas 3; Nays 121 none (Raffety and O'Donnell absent) 122 123 ii. Consider Resolution No. 10 -30, approving a summary of Ordinance No. 05 -10 for 124 publication purposes — City Planner Smyser noted that state law requires a four -fifth vote of the 125 council to authorize a summary publication. Since there are two council members absent this 126 evening, he recommends that this resolution be postponed to the next meeting. 127 128 Council Member Roeser moved to postpone Resolution No. 10 -30 to April 26, 2010. Council 129 Member Gallup seconded the motion. Motion carried on a voice vote; Council Members O'Donnell 130 and Rafferty absent. 131 132 6D. Consider First Reading of Ordinance No. 07 -10, Amending City Code Chapter 902: Tree 133 Diseases relating to Emerald Ash Borer — Environmental Coordinator Asleson reported that he is •134 presenting an ordinance for first reading that would update the city code to include controls relating to 135 the infestation of emerald ash borers. The city's Environmental Board has reviewed the changes. He is COUNCIL MINUTES April 12, 2010 DRAFT 136 recommending some additional changes to the ordinance based on additional input; those additional • 137 changes are indicated. 138 139 Council Member Gallup moved to approve first reading of Ordinance No. 07 -10 as presented by staff. 140 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member 141 O'Donnell and Rafferty absent. 142 143 E. 2010 Street Maintenance Projects: 144 145 i. Consider Resolution No. 10 -27, Accepting Bids and Awarding a Construction Contract, 146 2010 Overlay Project — Engineer Studenski presented a map indicating the areas that would be done 147 as part of this year's Overlay Project. Bids were received and opened on March 31, 2010; the low 148 bidder was Rum River Contracting and they are in contact with the city. 149 150 He added that staff will be giving an update on the Pavement Management Plan at the next council 151 work session. It will be an update on the state of the city's streets and how the system is functioning. 152 153 Council Member Roeser moved to approve Resolution No. 10 -27 as presented. Council Member 154 Gallup seconded the motion. Motion carried on a voice vote; Council Members O'Donnell and 155 Rafferty absent. 156 157 ii. Consider Resolution No. 10 -28, Accepting Bids and Awarding a Construction Contract, 158 2010 Sealcoat Project — Engineer Studenski noted that bids were received and opened on March 31, • 159 2010 for this project; there were four bidders with the lowest being Pearson Brothers, a past 160 contractor for the city. One bid was found to be incomplete and they were properly notified. He 161 showed a map indicating this year's . planned sealcoating project. 162 163 A council member asked about quality control. With the wide spread in bid amounts, how does the 164 city make sure the best work is achieved. Staff explained that standards are included in the contract 165 and corrections are required if those standards are not fully met. 166 167 Council Member Roeser moved to approve Resolution No. 10 -28 as presented. Council Member 168 Gallup seconded the motion. Motion carried on a voice vote; Council Member O'Donnell and 169 Rafferty absent. 170 171 6F. Consider Resolution No. 10 -29, Approving Plans and Specifications and Authorizing Ad for 172 Bids, Pine Street, Zodiac Street and Howard Lake Drive Paving Improvements — Engineer 173 Studenski reported that the resolution approves moving ahead with the bid element for the Pine Street 174 paving improvement project. The project is being done in conjunction with the City of Columbus 175 since Pine is a border street. Columbus is adding the Zodiac Street and Howard Lake Drive 176 improvements as well and the larger project may well bring down the overall cost. The City of Lino 177 Lakes will assess one -half of the Pine Street improvements back to the affected property owners. This 178 should be a fairly early summer construction project. Drainage requirements have been reviewed. 179 11111 4 —84— • • 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 • `24 ''24 225 COUNCIL MINUTES April 12, 2010 DRAFT Council Member Roeser moved to approve Resolution No. 10 -29 as presented. Council Member Gallup seconded the motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 6G. Consider Resolution No. 10 -32, Authorizing Preparation of Signal Justification Reports for the Birch St./Ware Road & Lake Drive/TS/lain Street Intersections — Community Development Director Grochala noted that the city has previously received requests from residents to signalize these two intersections, both of which are experiencing growing congestion and safety problems. In order to begin consideration of signalization, a signal justification report that will provide information on conditions and possible signal outcomes at the intersections is necessary. The engineering firm of TKDA has provided an estimate for doing these reports in the range of $6,800 to $10,000. There is no funding in the budget for this purpose so the contingency would be the recommended source. If the project(s) a more permanent source of funding is established and this funding can be reimbursed. Staff would coordinate and work with Anoka County on any process for these intersections. The reports would take about six to to eight weeks to complete. It is the council's intent to put these questions on this fall's ballot for citizen consideration. Council Member Gallup moved to approved Resolution No. 10 -32 as presented. Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member O'Donnell and Rafferty absent. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS 8A. Consider approval of March 22, 2010 Council Work Session Minutes 8B. Consider approval of March 22, 2010 City Council Meeting Minutes Council Gallup moved to approved the minutes as presented. Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. COMMUNITY CALENDAR: 00- 000 Wednesday, April 14 Wednesday, April 14 Monday, April 19 Monday, April 26 Monday, April 26 Community Calendar — A Look Ahead April 13, 2010 through April 26, 2010 6:30 pm, Council Chambers 7:30 pm, Community Room 6:00 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Jt. Mtg of P &Z and City Council Special Wk Session — Comp Plan Council Work Session City Council Meeting 5 -85- COUNCIL MINUTES April 12, 2010 DRAFT 226 ADJOURN 227 228 There being no further business, the meeting was adjourned. 229 230 These minutes were considered and approved at the regular Council Meeting on April 26, 2010. 231 232 233 234 235 Julianne Bartell, City Clerk Jeff Reinert, Mayor 236 • 6 —86— • • • BOARD OF REVIEW MINUTES APRIL 12, 2010 DRAFT 1 CITY OF LINO LAKES MINUTES 3 BOARD OF REVIEW 4 5 DATE : April 12, 2010 6 TIME STARTED : 6:04 p.m. 7 TIMIE ENDED : 6:53 p.m. 8 MEMBERS PRESENT : Council Member Gallup, Roeser and 9 Mayor Reinert 10 MEMBERS ABSENT : Council Member O'Donnell and Rafferty 11 12 Staff members present: Acting City Administrator Dan Tesch; Public Safety Director Dave Pecchia 13 14 Council Member Roeser explained that the Local Board of Appeal and Equalization of the City of 15 Lino Lakes meets for the purpose of reviewing and correcting the assessment of the city for the year 16 2010, payable in 2011. All persons considering themselves aggrieved by said assessment or who 17 wish to complain that the property of another is assessed too low were given the opportunity to 18 address the Board. He reminded those present that only appeals for the current year valuation or 19 classification could be made. Discussion of the Board is limited to valuations only, not taxes. 20 21 Linda Weiner, Anoka County Assessor's Office, presented the Board with the Anoka County, 2010 22 Board of Appeal and Equalization, County Assessor's Report document and presented a brief 23 overview of the property tax process and a recap of current assessments. She noted that she has 24 received only 27 calls, fewer than normal. 25 26 The county assessor noted that Bill Fogerty and Richard McNamara have signed in for this evening's 27 meeting but do not wish to speak to the council but rather to reserve their right to the county process. 28 29 Ms. Weiner noted that she had received a call this afternoon from the owner of the mobile home park 30 in Lino Lakes; staff will meet with them in the near future and they will be able to participate in the 31 county process. 32 33 A Senior Appraiser of Anoka County Assessor's Office reported on the properties at 474 Apollo 34 Drive and 471 Apollo Drive, industrial properties. He has visited the properties and is working on 35 reaching an agreement with the owners. An owner added that there is some concern about a wrong 36 calculation on square footage among other things. It was understood that the situation will be 37 addressed through the county process. 38 39 The following individuals addressed the Board: 40 41 Ms. Bernadine Skoglund, 7481 Lake Drive, questioned why the valuation on her lots is again being 42 increased; there should a cap. She added that although the property is for sale there have been very 43 minimal inquiries since 2001. The assessor will review the property valuation. 44 45 BOARD OF REVIEW MINUTES APRIL 12, 2010 DRAFT 46 47 ADJOURN 48 49 There being no further business, Council Member Gallup moved that the meeting be adjourned at 50 6:53 p.m. Council Member Roeser seconded the motion. Motion carried. 51 52 These minutes were considered and approved at the regular Council Meeting on April 26, 2010. 53 54 55 56 57 Julianne Bartell, City Clerk Jeff Reinert, Mayor 58 • •