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05/08/2006 Council Packet
SUMMARY MINUTES CITY OF LINO LAKES Monday, May 8, 2006 SPECIAL MEETING Council Work Room 6:15 p.m. The special meeting was called to order at 6:20 p.m.; all council members were present One item was under consideration at the special meeting: clarification of Section 207.20 of the city's personnel policy. Action Taken: Reinert moved to incorporate clarifying language in Personnel Policies, Section 207.20 that the city will pay the difference between the employee's gross salary and military leave compensation payments for that period of time during which they were required by the armed forces to participate in such training, not including periods of active duty; and this policy shall be apply to future requests for military leave of absences; the motion was seconded by Stoltz and passed unanimously. Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike Call to Order and Roll Call 6:35 p.m. — all council members present Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) May 8, 2006 (Check No. 76506 through 76617) in the amount of $451,284.19; ii) Centennial Fire District (Check No. 15177 through 15187) in the amount of $58,563 Pg 4 -15 Pg 16 B) Consider approval of April 10, 2006 City Council Meeting Minutes Pg 17 -21 C) Consider approval of April 10, 2006 Council Work Session Minutes Pg 22 -23 D) Consider approval of April 24, 2006 Board of Review Minutes Pg 24 -25 E) Consider approval of April 24, 2006 City Council Meeting Minutes Pg 26 -35 SUMMARY MINUTES F) Consider approval of April 24, 2006 Council Work Session Minutes Pg 36 G) Consider Resolution 06 -71, Approving Access Control System for Pg 37 -39 City Hall Item 1G was moved to New Business for discussion. H) Consider Resolution 06 -74, Approving annual Fireworks Permit for Pg 40 -41 sale of consumer fireworks at Lino Lakes Quik Stop, 6501 Ware Road Action Taken: Stoltz moved approval of the Consent Agenda (Items 1A through H except for Item 1G); the motion was seconded by Carlson and adopted unanimously. 2. Finance Department Report, Al Rolek None 3. Administration Department Report, Dan Tesch A) Resolution 06 -64, Addition of New Voting Precinct in the Pg 42 -47 City of Lino Lakes, Jean Viger Action Taken: O'Donnell moved approval of Resolution 06 -64; the motion was seconded by Reinert and adopted unanimously. B) Resolution 06 -65, Establishing an Absentee Ballot Board in the Pg 48 -48b City of Lino Lakes, Jean Viger Action Taken: Carlson moved approval of Resolution 06-64-the motion was seconded by O'Donnell and adopted unanimously. C) Appointment of Acting Serg-ant to follow D) Consider Resignation of Officer Cliff Ross Action Taken: Mayor Bergeson moved to accept the resignation with thanks to Officer Ross for his years of service; the motion was seconded by Reinert and adopted unanimously. E) Consider granting Military Leave for Melissa Hagert, Pg 49 Public Safety Department Action Taken: Stoltz moved to grant the military leave as recommended; the motion was seconded by Carlson and adopted unanimously. 4. Public Safety Department Report, Dave Pecchia A) Announcement and approval of proclamation in support of Pg 50 -52 designating May 14 to May 20, 2006 as Police Week, and May 15 as Peace Officer's Memorial Day in the City of Lino Lakes, Dave Pecchia Action Taken: Mayor Bergeson read the proclamation adding special recognition to Officer Shawn Silvera; Reinert moved approval of the proclamation; the motion was seconded by O'Donnell and adopted unanimously. 5. Public Services Department Report, Rick DeGardner SUMMARY MINUTES 6. Community Development Department Report, Michael Grochala • . . Utility Feasibility Report, Michael Grochala B) Consideration of Resolution No. 06 -72, Approving a Conditional Pg 55 -67 Use Permit Amendment for an addition to the Rehbein Transit Facility at 6298 Hodgson Road, Paul Bengtson. Action Taken: Carlson moved approval of Resolution 06 -72; the motion was seconded by Stoltz and adopted unanimously. C) Consideration of Resolution No. 06 -73, Approving a Conditional Pg 68 -96 Use Permit for a dog kennel at 7933 24th Avenue, Paul Bengtson. Action Taken: O'Donnell moved approval of Resolution 06 -73; the motion was seconded by Reinert and adopted unanimously. D) Consideration of Resolution No. 06 53, Conditional Use Permit for Accessory Drive Through Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center, Jeff Smyser Tabled at Council Mccting of April 24 to follow E) Consider 1st Reading of Ordinance No. 07 -06 Amending Ordinance Pg 97 -100 No. 12 -05 (the 2006 fee schedule) by adding a Fee for Costs Related to the I -35E Corridor AUAR, Jeff Smyser roll call required Action Taken: Reinert moved approval of the first reading of Ordinance No. 07 -06; the motion was seconded by Carlson and adopted unanimously. Legacy at Woods Edge Phase 1 Street and Utility Improvements, Michael Grochala G) Consideration of Resolution No. 06 -77, Approving Joint Powers To follow Agreement with State of Minnesota and County of Anoka, I -35E Preliminary Design, Michael Grochala Action Taken: Stoltz moved approval of Resolution 06 -77; the motion was seconded by O'Donnell and adopted unanimously. H) 21st Avenue Street Extension i. Consideration of Resolution No. 06 -78, Accepting Petition and Pg 101 -116 Waiver Agreement, Michael Grochala Action Taken: O'Donnell moved approval of Resolution 06 -78; the motion was seconded by Reinert and adopted unanimously. ii. Consideration of Resolution No. 06 -79, Approving Joint Powers Agreement with City of Centerville, Michael Grochala Action Taken: Carlson moved approval of Resolution 06 -79; the motion was seconded by Stoltz and adopted unanimously. SUMMARY MINUTES 7. Unfinished Business A) Consider approval of April 5, 2006 Special City Council Minutes Pg 117 -119 (joint meeting with advisory boards) Postponed by Council on 4/24/2006 Action Taken: Carlson moved approval of the minutes of April 5, 2006 as presented; the motion was seconded by O'Donnell and adopted unanimously. 8. New Business A) Consider Resolution 06 -71, Approving Access Control System for Pg 37 -39 City Hall Action Taken: Stoltz moved approval of Resolution 06 -71; the motion was seconded by O'Donnell and adopted by a voice vote; Council member Carlson voted nay. 9. Community Calendar, May 9, 2006 through May 22, 2006: A) Planning & Zoning Board, Wednesday, May 10, 6:30 p.m. B) YMCA Groundbreaking, Wednesday, May 10, 5:00 p.m. 10. Adjourn Action Taken: Reinert moved that the meeting be adjourned at 7:13 p.m.; the motion was seconded by Carlson and adopted unanimously. • • Council Packet — Item 6D Explains deletion of item MEMORANDUM May 5, 2006 To: City Council From: Jeff Smyser /1.� Subject: Millers Crossroads Shopping Center CUP The applicant has requested that we postpone consideration of the conditional use permit in order to re- examine possibilities on the site. We have removed the item from the May 8 agenda (Item 6D). We will assemble background information on the original 2003 approvals when the item returns for consideration by the Council. AGENDA ITEM lAi • EXPENDITURES MAY 8, 2006 • • Date: 04/20/2006 Time: 12:33:57 Ranges: Vendor #: (A) • Iourna #: (A) Entry Journal #: (R) 5369 - 5369 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000053 MINNESOTA SALES /USE TAX DIVISION 1 1,685.91 1,685.91 .00 .00 000061 HAAS, LYNNE 1 40.00 40.00 .00 .00 000062 JENSEN, COLLEEN 1 25.00 25.00 .00 .00 000069 U.D. CONSTRUCTION 1 4,500.00 4,500.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 333.20 333.20 .00 .00 000537 CENTRAL PENSION FUND 1 2,167.00 2,167.00 .00 .00 001298 DEGARDNER, RICK 1 56.65 56.65 .00 .00 001395 NEXTEL COMMUNICATIONS 1 1,836.76 1,836.76 .00 .00 002000 INTL UNION OF OPER ENGR 1 450.00 450.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 448.00 448.00 .00 .00 IPETTY CASH 1 190.80 190.80 .00 .00 004660 URICH, TRACEY 1 130.00 130.00 .00 .00 Grand Totals: 13 12,109.74 12,109.74 .00 .00* • Date: 04/28/2006 Time: 07:48:11 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 5388 5388 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # - Name # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 3 1,117.19 1,117.19 .00 .00 000022 NORTHERN WATER WORKS SUPPLY 2 606.48 606.48 .00 .00 000075 ALBRECHT, JOSH 1 239.63 239.63 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 170.37 170.37 .00 .00 000084 ALLINA HOSPITALS /CLINICS 1 1,170.00 1,170.00 .00 .00 000086 CARDINAL, JIM 1 30.00 30.00 .00 .00 000106 NELSON, ROBERT 1 150.00 150.00 .00 .00 000109 FISCHER, CINDY 1 500.00 500.00 .00 .00 000131 JONATHAN HOMES 1 18.85 18.85 .00 .00 000137 KINDERPRINT COMPANY, INC. 1 323.79 323.79 .00 .00 000138 MARKHURD 1 50,750.00 50,750.00 .00 .00 • NORTH ANOKA PLUMBING 1 37.70 37.70 .00 .00 000146 STOCK BUILDING SUPPLY 3 848.05 848.05 .00 .00 000147 TRICIA HAYNES 1 1,500.00 1,500.00 .00 .00 000158 ALL STAR SPORTS, INC. 1 431.25 431.25 .00 .00 000160 ALLIED BLACKTOP, INC. 1 17,822.50 17,822.50 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 32.95 32.95 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 2 614.70 614.70 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 17.65 17.65 .00 .00 000221 RAFFERTY, ROBIN G. 1 225.00 225.00 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 108.47 108.47 .00 .00 000232 AMERICAN IRON & SUPPLY,COMPANY, INC 1 72.25 72.25 .00 .00 • Date: 04/28/2006 Time: 07:48:11 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # Name # of items Net Gross Discount Lost 000283 PRIME - STRIPE, INC. 1 491.70 491.70 .00 .00 000364 NORTHERN AIR CORPORATION 1 4,432.55 4,432.55 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,396.93 1,396.93 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 590.96 590.96 .00 .00 000511 LADEN, PERRY 1 150.00 150.00 .00 .00 000539 TARGET 1 15.96 15.96 .00 .00 000541 ASPEN MILLS, INC. 1 104.81 104.81 .00 .00 000620 BEACON ATHLETICS, INC. 1 920.24 920.24 .00 .00 000679 RIGID HITCH, INC. 2 163.41 163.41 .00 .00 000680 STANLEY SECURITY SOLUTIONS, INC. 1 192.53 192.53 .00 .00 000698 KEY LAND HOMES 2 5,000.00 5,000.00 .00 .00 000720 BLAINE, CITY OF 1 1,903.75 1,903.75 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 e 38,207.38 38,207.38 .00 .00 000905 HYDEN, MICHAEL 1 150.00 150.00 .00 .00 000917 KFC 1 202.55 202.55 .00 .00 000970 VERIZON WIRELESS 1 42.90 42.90 .00 .00 0.0 CENTENNIAL FIRE DISTRICT 1 5,100.00 5,100.00 .00 .00 001048 HARMON AUTOGLASS, INC. 3 307.83 307.83 .00 .00 001053 CENTER FRAME AND WHEEL ALIGN, INC. 1 70.00 70.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 562.81 562.81 .00 .00 001110 CIRCLE PINES, CITY OF 1 7,023.77 7,023.77 .00 .00 001247 CROWN TROPHY, INC. 1 6,997.05 6,997.05 .00 .00 001265 BOYER TRUCKS 1 59,733.00 59,733.00 .00 .00 001270 DALCO, INC. 2 342.09 342.09 .00 .00 001285 HEWLETT- PACKARD COMPANY 1 4,670.25 4,870.25 .00 .00 001292 DEHN OIL COMPANY, INC. 1 5,119.20 5,119.20 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,045.70 4,045.70 .00 .00 Date: 04/28/2006 Time: 07:48:12 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount V # Name # of items Net Gross Discount Lost 001380 EARL ANDERSON ASSOCIATION, INC. 1 127.65 127.65 .00 .00 001395 NEXTEL COMMUNICATIONS 1 577.32 577.32 .00 .00 001480 HAWKINS INC. 1 8,667.17 8,667.17 .00 .00 001618 GLENN REHBEIN EXCAVATING, INC. 1 58,576.75 58,576.75 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 134.45 134.45 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 1,234.54 1,234.54 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 4 7,744.08 7,744.08 .00 .00 002130 TRALLE, PAUL 1 150.00 150.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 2 160.00 160.00 .00 .00 002328 LEEF BROTHER, INC. 1 16.67 16.67 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 4 1,250.28 1,250.28 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 391.43 391.43 .00 .00 002440 LITTLE FALLS MACHINE, INC. 1 3,509.18 3,509.18 .00 .00 002467 MAC MAY HOMES 1 18.85 18.85 .00 .00 002550 MENARDS, INC. 1 24.18 24.18 .00 .00 0 770 MINNESOTA DEPT OF ECONOMIC SECURITY 1 3,708.31 3,708.31 .00 .00 3 INVENTORY TRADING COMPANY, INC. 1 547.75 547.75 .00 .00 003050 MRPA 1 560.00 560.00 .00 .00 003250 XCEL ENERGY 1 6,073.83 6,073.83 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 341.16 341.16 .00 .00 003467 SHARPER HOMES, INC. 1 18.85 18.85 .00 .00 003491 PETTY CASH 1 73.50 73.50 .00 .00 003492 PETTY CASH 1 177.27 177.27 .00 .00 003600 PRESS PUBLICATIONS, INC. 6 523.40 523.40 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 3 12,332.24 12,332.24 .00 .00 003882 SHRED -IT, INC. 1 70.93 70.93 .00 .00 003974 SENSUS METERING SYSTEMS, INC. 1 1,000.00 1,000.00 .00 .00 • Date: 04/28/2006 Time: 07:48:12 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount V# Name # of items Net Gross Discount Lost 004009 PEAK STAFFING, INC. 1 322.40 322.40 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 1,939.54 1,939.54 .00 .00 004099 SRF CONSULTING GROUP, INC. 1 2,148.44 2,148.44 .00 .00 004240 STREICHER'S, INC. 1 338.46 338.46 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 244.72 244.72 .00 .00 004350 T.K.D.A. 27 63,099.66 63,099.66 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 377.32 377.32 .00 .00 004510 TRUCK UTILITIES, INC. 1 632.61 632.61 .00 .00 004530 TURF SUPPLIES, INC. 1 410.03 410.03 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 1,896.18 1,896.18 .00 .00 004608 POGALZ, BRIAN 1 150.00 150.00 .00 .00 004609 ROOT, MICHAEL 1 150.00 150.00 .00 .00 004788 SPRINT 1 67.87 67.87 .00 .00 004840 WINNICK SUPPLY, INC. 2 172.41 172.41 .00 .00 900224 NORTH COUNTRY BUILDERS 1 18.85 18.85 .00 .00 00 BERBEE INFORMATION NETWORKS CORPORATION 2 31,143.20 31,143.20 .00 .00 1 CORPORATE EXPRESS, INC. 1 3,128.77 3,128.77 .00 .00 Grand Totals: 149 439,174.45 439,174.45 .00 .00* • Date: 04/28/2006 Time: 07:53:03 Operator: JAL e Ranges: Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Options: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 76506 0 0 76507 0 76509 76510 76511 0 0 0 76516 76517 76518 • 0 0 0 76520 0 0 0 0 0 76521 5370 5391 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AMERICAN FAMILY LIFE A ANOKA COUNTY LICENSE B CENTENNIAL FIRE DISTRI CENTRAL PENSION FUND DELTA DENTAL PLAN OF M HAAS, LYNNE INTL UNION OF OPER ENG JENSEN, COLLEEN JONATHAN HOMES KEY LAND HOMES MAC MAY HOMES MINNESOTA SALES /USE TA MN CHILD SUPPORT PAYME MN NCPERS LIFE INSURAN NORTH ANOKA PLUMBING NORTH COUNTRY BUILDERS OTTER LAKE ANIMAL CARE PETTY CASH PAYROLL WITHHOLDING * * * * * * ** LICENSE TABS /'06 PU CHEV * * * * * * ** DONATION /DEFIBRILLATORS * * * * * * ** PAYROLL WITHHOLDING DENTAL INSURANCE REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE WATER METER TA REIMB BLDG ESCROW /1522 S * * * * * * ** REIMBURSE WATER METER TA * * * * * * ** SALES TAX PAYABLE * * * * * * ** PAYROLL WITHHOLDING * * * * * * ** PAYROLL WITHHOLDING * * * * * * ** REIMBURSE WATER METER TA * * * * * * ** REIMBURSE WATER METER TA * * * * * * ** RECON /K -9 * * * * * * ** MEALS /PARKING * * * * * * ** PREFERRED ONE COMMUNIT HEALTH INSURANCE RELIASTAR LIFE INSURAN LIFE INSURANCE SHARPER HOMES, INC. REIMBURSE WATER METER TA SHORT - ELLIOTT - HENDRICK LEGACY TOWNHOMES T.K.D.A. COUNTRY INN & SUITES /MAR U.D. CONSTRUCTION, INC REIMB BUILDING ESCROW /76 Total for Dept ** O ALL STAR SPORTS, INC. T- SHIRTS Total for Dept 201 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE O MRPA TEAM REGISTRATION Total for Dept 202 O ALL STAR SPORTS, INC. T- SHIRTS 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE Total for Dept 205 ADULT IN ADULT SP .ADULT SP SPECIAL SPECIAL 333.20 19.50 5,100.00 2,167.00 2,536.04 40.00 450.00 25.00 18.85 5,000.00 18.85 610.83 246.42 448.00 37.70 18.85 341.16 29.50 8,669.00 1,035.22 18.85 1,767.01 38,610.67 4,500.00 72,041.65* 11.50 11.50* 6.54 560.00 566.54* 235.75 144.56 380.31* Date: 04/28/2006 Time: 07:53:03 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 ALL STAR SPORTS, INC. T- SHIRTS YOUTH IN 184.00 0 CROWN TROPHY, INC. TROPIES YOUTH IN 2,545.35 0 GREG LARSON SPORTS - G BATS YOUTH IN 134.45 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE YOUTH IN -49.76 Total for Dept 207 2,814.04* 0 CROWN TROPHY, INC. TROPIES YOUTH SP 4,451.70 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE YOUTH SP 20.76 Total for Dept 208 4,472.46* 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE MAYOR /CO 66.17 76520 PETTY CASH MEALS /PARKING MAYOR /CO 17.00 0 TIMESAVER OFF -SITE SEC APR 13 MAYOR /CO 377.32 Total for Dept 401 460.49* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE ADMINIST -92.84 0 LEAGUE OF MINNESOTA CI REGISTRATION /GORDON H ADMINIST 80.00 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH ADMINIST 44.99 0 PEAK STAFFING, INC. ADMINISTRATIVE ASSISTANT ADMINIST 322.40 76520 PETTY CASH MEALS /PARKING ADMINIST 23.90 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE ADMINIST 2,266.74 0 PRESS PUBLICATIONS, IN CLASSIFIED DISPLAY ADMINIST 523.40 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 28.50 0 SPRINT MONTHLY SERVICE /MARCH ADMINIST 67.87 Total for Dept 402 3,264.96* 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH SENIORS 46.06 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 4.75 • Total for Dept 406 50.81* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 107.30 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE FINANCE 770.09 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 14.97 Total for Dept 407 892.36* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 30.65 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE ECONOMIC 352.18 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC 4.75 0 SRF CONSULTING GROUP, GATEWAY SIGNAGE /MARCH ECONOMIC 2,148.44 Total for Dept 415 2,536.02* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE PLANNING 61.30 0 HYDEN, MICHAEL QUARTERLY STIPEND PLANNING 150.00 0 LADEN, PERRY QUARTERLY STIPEND PLANNING 150.00 0 NELSON, ROBERT QUARTERLY STIPEND PLANNING 150.00 76520 PETTY CASH MEALS /PARKING PLANNING 31.06 0 POGALZ, BRIAN QUARTERLY STIPEND PLANNING 150.00 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE PLANNING 704.36 0 RAFFERTY, ROBIN G. QUARTERLY STIPEND PLANNING 225.00 0 RELIASTAR LIFE INSURAN LIFE INSURANCE PLANNING 9.50 • Date: 04/28/2006 Time: 07:53:03 Operator: JAL • Check # Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 ROOT, MICHAEL QUARTERLY STIPEND 0 TARGET SNACKS 0 TRALLE, PAUL QUARTERLY STIPEND Total for Dept 416 0 MARKHURD 0 T.K.D.A. CONTOURS /GPS /FILM 21ST AVENUE /MARCH Total for Dept 417 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 418 0 0 0 0 0 0 0 0 76516 76519 0 76520 0 • 0 0 ALLINA HOSPITALS /CLINI ASPEN MILLS, INC. DELTA DENTAL PLAN OF M IMAGE PRINTING & GRAPH INVENTORY TRADING COMP KINDERPRINT COMPANY, I LEAGUE OF MINNESOTA CI MINNESOTA DEPT OF ECON MINNESOTA SALES /USE TA NEXTEL COMMUNICATIONS PETTY CASH PETTY CASH PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN SHRED -IT, INC. STREICHER'S, INC. VERIZON WIRELESS XCEL ENERGY TRAINING UNIFORM SUPPLIES DENTAL INSURANCE 3 PART PRINTING T- SHIRTS /CAPS /JACKETS /PO BOXES WORKSHOP /4 UNEMPLOYMENT SALES TAX PAYABLE MONTHLY SERVICE /MARCH TRAINING /BEVERAGES /PHOTO MEALS /PARKING HEALTH INSURANCE LIFE INSURANCE DESTROY CONFIDENTIAL GUN LOCK MONTHLY SERVICE /MARCH MONTHLY SERVICE /MARCH Total for Dept 420 PLANNING 150.00 PLANNING 15.96 PLANNING 150.00 1,947.18* ENGINEER 50,750.00 ENGINEER 500.76 51,250.76* COMM DEV 76.62 COMM DEV 14.00 COMM DEV 660.28 COMM DEV 11.87 762.77* POLICE 1,170.00 POLICE 104.81 POLICE 424.52 POLICE 326.94 POLICE 547.75 POLICE 323.79 POLICE 80.00 POLICE 3,605.00 POLICE 551.23 POLICE 1,836.76 POLICE 177.27 POLICE 19.50 POLICE 12,848.94 POLICE 137.75 MAT POLICE 70.93 POLICE 338.46 POLICE 42.90 POLICE 4.09 22,610.64* 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 421 0 0 0 76520 0 0 0 • CORPORATE EXPRESS, INC DELTA DENTAL PLAN OF M NEXTEL COMMUNICATIONS PETTY CASH PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN T.K.D.A. LATERAL FILE DENTAL INSURANCE MONTHLY SERVICE /MARCH MEALS /PARKING HEALTH INSURANCE LIFE INSURANCE BUILDING PERMITS /MARCH Total for Dept 422 0 ALLIED BLACKTOP, INC. SWEEPING FIRE 89.83 FIRE 1,802.06 FIRE 14.25 1,906.14* BUILDING 3,128.77 BUILDING 137.95 BUILDING 77.27 BUILDING 31.94 _BUILDING 2,266.74 BUILDING 19.00 BUILDING 794.20 6,455.87* STREETS 17,822.50 Date: 04/28/2006 Time: 07:53:03 Operator: JAL Check # Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 DELTA DENTAL PLAN OF M O EARL ANDERSON ASSOCIAT O IMAGE PRINTING & GRAPH O MINNESOTA DEPT OF ECON 76516 MINNESOTA SALES /USE TA 0 NEXTEL COMMUNICATIONS 0 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 T.A. SCHIFSKY AND SONS 0 XCEL ENERGY 0 0 0 0 0 0 0 0 0 0 0 76516 0 0 0 0 4110 0 0 0 0 0 0 0 0 0 0 76516 0 0 76520 0 0 0 • DENTAL INSURANCE STREET SIGN HANGING SIGNS UNEMPLOYMENT SALES TAX PAYABLE MONTHLY SERVICE /MARCH HEALTH INSURANCE LIFE INSURANCE ASPHALT MONTHLY SERVICE /MARCH Total for Dept 430 AMERICAN FASTENER & SU ANOKA COUNTY LICENSE B AUDIO COMMUNICATIONS BOYER TRUCKS CENTER FRAME AND WHEEL DEHN OIL COMPANY, INC. DELTA DENTAL PLAN OF M HARMON AUTOGLASS, INC. LEEF BROTHER, INC. LITTLE FALLS MACHINE, MACQUEEN EQUIPMENT, IN MINNESOTA SALES /USE TA PETTY CASH PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN RIGID HITCH, INC. TRUCK UTILITIES, INC. WHITE BEAR LOCKSMITH, WINGFOOT COMMERCIAL TI NUTS /WASHERS LICENSE TABS /'06 PU INSTALL RADIO '07 STERLING TRUCK ALIGN FRONT WHEELS GASOHOL DENTAL INSURANCE WINDSHIELD REPAIR SHOP TOWELS SANDER SUPPLIES SALES TAX PAYABLE SUPPLIES HEALTH INSURANCE LIFE INSURANCE SOCKET /PLUG REISSUE AP #76381 KEYS TIRE Total BERBEE INFORMATION NET CIRCLE PINES, CITY OF COORDINATED BUSINESS S DALCO, INC. DELTA DENTAL PLAN OF M HEWLETT- PACKARD COMPAN LIFE SAFETY SYSTEMS, I MINNESOTA SALES /USE TA NORTHERN AIR CORPORATI PETTY CASH PETTY CASH PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN STANLEY SECURITY SOLUT CUT SERVICE for Dept 431 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET CHEV FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET CABLE GOVERNME MONTHLY SERVICE /MARCH GOVERNNE MAINTENANCE CONTRACT /COP GOVERNME TISSUE /BROOM /HANDLE GOVERNME DENTAL INSURANCE GOVERNME SERVER SERVICE CALL SALES TAX PAYABLE SERVICE ON UNIT HEATERS SUPPLIES MEALS /PARKING HEALTH INSURANCE LIFE INSURANCE LOCKSET /CORE /KEYED Total for Dept 432 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 179.31 127.65 64.49 102.88 27.62 46.06 1,949.89 32.54 244.72 4,048.25 24,645.91* 17.65 1,920.04 1,117.19 59,733.00 70.00 5,119.20 35.25 307.83 16.67 3,509.18 32.95 174.35 12.00 646.83 5.46 163.41 632.61 108.47 614.70 74,236.79* 31,143.20 6,583.57 590.96 342.09 30.65 3,246.85 1,250.28 115.56 4,432.55 48.14 5.95 352.18 4.75 192.53 48,339.26* 0 BEACON ATHLETICS, INC. PVC /BASES /MARKER SYSTEM PARKS 920.24 Date: 04/28/2006 Time: 07:53:03 Operator: JAL • Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 76508 0 0 0 76516 0 0 0 0 0 0 76522 Description Dept Amount CARDINAL, JIM CIRCLE PINES, CITY OF DEGARDNER, RICK DELTA DENTAL PLAN OF M HOME DEPOT CREDIT SERV MENARDS, INC. MINNESOTA SALES /USE TA NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT PRIME- STRIPE, INC. RELIASTAR LIFE STOCK BUILDING TURF SUPPLIES, URICH, TRACEY 0 XCEL ENERGY INSURAN SUPPLY INC. BALE STRAW PARKS MONTHLY SERVICE /MARCH PARKS REIMBURSE MILEAGE /PARKIN PARKS DENTAL INSURANCE WATERPROOFER /TARP /PAINT/ VINYL BRICK SALES TAX PAYABLE MONTHLY SERVICE /MARCH HEALTH INSURANCE WHITE PAINT LIFE INSURANCE CEDAR ALL PURPOSE BLEND REIMBURSE CLOTHING ALLOW MONTHLY SERVICE /MARCH Total for Dept 450 O DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 MINNESOTA DEPT OF ECON UNEMPLOYMENT 76516 MINNESOTA SALES /USE TA SALES TAX PAYABLE O NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH O PETTY CASH SUPPLIES O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 O DELTA DENTAL PLAN OF M DENTAL INSURANCE O NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH •20 PETTY CASH MEALS /PARKING O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 . RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 461 • O AMERICAN IRON & SUPPLY O DELTA DENTAL PLAN OF M O KFC O PREFERRED ONE COMMUNIT O RELIASTAR LIFE INSURAN O TRICIA HAYNES RECYCLING DAY DENTAL INSURANCE RECYCLING DAY HEALTH INSURANCE LIFE INSURANCE ENVIRO SHOWS Total for Dept 462 PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS O ALBRECHT, JOSH OAK WILT REIMBURSEMENT O DELTA DENTAL PLAN OF M DENTAL INSURANCE O FISCHER, CINDY OAK WILT REIMBURSEMENT O HOME DEPOT CREDIT SERV WATERPROOFER /TARP /PAINT/ O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 0 ABLE HOSE AND RUBBER, CAM & GROOVE RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY 30.00 440.20 56.65 137.94 910.54 24.18 -28.29 197.61 891.00 491.70 28.50 848.05 410.03 130.00 85.77 5,574.12* 98.08 .43 46.34 15.07 13.36 1,131.26 15.20 1,319.74* 10.72 62.20 18.65 196.02 4.04 291.63* 72.25 9.20 202.55 201.96 1.43 1,500.00 1,987.39* 239.63 10.73 500.00 55.15 196.02 1.66 1,003.19* WATER 170.37 Date: 04/28/2006 Time: 07:53:03 Operator: JAL • Check # Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 BLAINE, CITY OF UTILITY BILLING WATER 562.75 0 CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE WATER 281.41 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER 96.55 0 HAWKINS INC. CHEMICALS WATER 8,667.17 0 HEWLETT - PACKARD COMPAN SERVER WATER 811.70 0 HOME DEPOT CREDIT SERV WATERPROOFER /TARP /PAINT/ WATER 135.30 0 INFRATECH TECHNOLOGIES MARKING FLAGS WATER 125.80 0 NATIONAL WATERWORKS, I METERS /TOUCH PAD /FLANGE WATER 1,896.18 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /MARCH WATER 74.06 0 NORTHERN WATER WORKS S EXTENSIONS WATER 606.48 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE WATER 1,327.01 0 RELIASTAR LIFE INSURAN LIFE INSURANCE WATER 11.42 0 SENSUS METERING SYSTEM SOFTWARE SUPPORT WATER 1,000.00 0 WINNICK SUPPLY, INC. MAPP GAS WATER 172.41 0 XCEL ENERGY MONTHLY SERVICE /MARCH WATER 1,156.21 Total for Dept 494 17,094.82* 0 BLAINE, CITY OF UTILITY BILLING SEWER 1,341.00 0 CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 281.40 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE SEWER 65.90 0 HEWLETT - PACKARD COMPAN SERVER SEWER 811.70 0 HOME DEPOT CREDIT SERV WATERPROOFER /TARP /PAINT/ SEWER 133.55 0 INFRATECH TECHNOLOGIES MARKING FLAGS SEWER 7,618.28 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE SEWER 974.82 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER 11.37 0 XCEL ENERGY MONTHLY SERVICE /MARCH SEWER 779.51 Total for Dept 495 12,017.53* 11111 0 GLENN REHBEIN EXCAVATI LEGACY PROJECT OTHER 58,576.75 20 PETTY CASH MEALS /PARKING OTHER 13.30 0 SHORT - ELLIOTT - HENDRICK LEGACY AT WOOD'S EDGE /MA OTHER 10,565.23 0 T.K.D.A. BIRCH STREET TRAIL /MARCH OTHER 23,194.03 Total for Dept 499 92,349.31* Grand Total 451,284.19* • AGENDA ITEM lAii Centennial Fire District Check Register 5/1/2006 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 4/28/2006 15177 4/28/2006 15178 4/28/2006 15179 4/28/2006 15180 4/28/2006 15181 4/28/2006 15182 4/28/2006 15183 4/28/2006 15184 4/28/2006 15185 4/28/2006 15186 4/28/2006 15187 • • Arthur Mohler Brothers Fire Protection Company Centennial Utilities CenterPoint Energy City of Lino Lakes Connexus Energy David Bruder Kelly Demarest Milo Bennett Pioneer Products Viking Trophies, Inc. Total 1 of 1 -16- ACCOUNT 42130 - Equipment Expense 42110 - Other Maintenance 42251 - Station 1 - Gas 42253 - Station 2 - Gas 41000 - Payroll Expenses 42252 - Station 1 - Electric 42110 - Other Maintenance 42220 - Travel, Conference, School 42220 - Travel, Conference, School 42130 - Equipment Expense 42280 - Miscellaneous Expense AMOUNT 10.63 387.50 584.42 372.88 53,466.46 317.58 71.44 207.48 282.28 664.36 197.97 56,563.00 • • • AGENDA ITEM 1B COUNCIL MINUTES APRIL 10, 2006 DRAFT CITY OF LINO LAKES MINUTES DATE : April 10, 2006 TIME STARTED : 6:40 p.m. TIME ENDED : 8:05 p.m. MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Gordon Heitke; City Attorney, Barry Sullivan; Director of Administration, Dan Tesch; Community Development Director, Michael Grochala; City Engineer, Jim Studenski; and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA The agenda was approved as presented. PRESENTATION OF COMMUNITY SURVEY REPORT Dr. William Morris, Decision Resources, presented the Community Survey Report rioting it is an excellent tool for the City to utilize in making community decisions. Dr. Morris also provided the background on Decision Resources as a company as well as the benefits of the community survey. Councilmember Reinert moved to accept the Community Survey Report, as presented. Councilmember O'Donnell seconded the motion. Motion passed unanimously. CONSENT AGENDA Councilmember Reinert moved to approve the Consent Agenda, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. ITEM ACTION Consideration of Expenditures: April 10, 2006 (Check No. 76294 — 76388, $364,511.32) Approved Centennial fire District (Check No. 15116 — 15131, $12,850.25) Approved 1 • • • COUNCIL MINUTES APRIL 10, 2006 DRAFT Resolution No. 06 -57, Approving Funding for Voice Over IP System Approved Resolution No. 06 -55, Approving Temporary On- Sale Liluor License for VFW Post #6583, Wine Tasting Event on May 19, 2006 Approved FINANCE DEPARTMENT REPORT, AL ROLEK There was no report from the Finance Department. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 2006 Wage Adjustments for Non -Union Employees — Administration Director Tesch advised staff is recommending that non -union employees receive a three percent salary adjustment for 2006. Three percent is the same percentage increase the City's other employee groups are receiving for 2006. Councilmember Stoltz moved to approve the wage adjustments as recommended. Councilmember Carlson seconded the motion. Motion passed unanimously. Consider 2006 -2007 AFSCME Contract — Administration Director Tesch advised the City has received a tentative two -year agreement with AFCME, the union that represents the City's clerical /technical employees. It has been agreed that any increases in health insurance premiums that may arise later this year will be split, and provide a three percent increase in wages for 2006 and 2007. Three percent is the percentage increase given to Local 49 (general maintenance) and L.E.L.S (police officers). The City also agreed to a market increase of seven percent for two Recreation Supervisors. Councilmember O'Donnell moved to approve the AFSCME Contract as recommended. Councilmember Stoltz seconded the motion. Motion passed unanimously. Offer of Employment to Tim Noll as a Police Officer — Administration Director Tesch advised last year the City recruited for a vacant police officer position. At that time a list was created from which the City would be able to draw upon future officers that could be hired within the year. The next individual on the availability list is Mr. Tim Noll. Mr. Noll has worked for the City as a seasonal employee for a number of years. Staff is confident that Mr. Noll will be an asset to the Public Safety Department. Councilmember Carlson moved to approve a conditional offer of employment to Mr. Noll. Councilmember Reinert seconded the motion. Motion passed unanimously. City Council Code of Conduct — City Administrator Heitke advised the updated "Lino Lakes City Council Code of Conduct" was presented and discussed at the City Council work session on April 3, 2 F?. m e • • • COUNCIL MINUTES APRIL 10, 2006 DRAFT 2006. Recommended changes have been incorporated and the final guidelines are being presented for action. Councilmember O'Donnell moved to approve Resolution No. 06 -58, Lino Lakes City Council Code of Conduct, aspresented. Councilmember Reinert seconded the motion. Motion passed with Councilmember Carlson voting no. Advisory Board Appointments — Administration Director Tesch advised each year, the City appoints or re- appoints citizens to serve on Council advisory boards. The City advertised and received a number of qualified applicants. Interviews were held over the past several weeks. He reviewed the list of 2006 annual board appointments. Councilmember Stoltz moved to approve the advisory board appointments as presented. Councilmember O'Donnell seconded the motion. Motion passed unanimously. Charter Amendment: First Reading of Ordinance No. 04 -06 Relating to Chapter 20 of the Lino Lakes City Charter, Amending Section 2.04 to add Language Regarding Incompatible Offices, Julie Bartell — City Clerk Bartell advised two Lino Lakes residents submitted a petition requesting a Charter amendment to the City Council on September 26, 2005. The amendment would change the City Charter to not allow City Council Members (including the Mayor) to also be members of the Lino Lakes City Charter Commission. Based on a review of the petition by the City Attorney and a determination that the petitioners are not attempting to institute an amendment by petition under Minnesota Statutes, Section 410 as the petition does not meet the requirements of that statute, the petition was found to be "advisory" in nature and considered a request for ballot consideration by the City Council. City Clerk Bartell referred to a timeline prepared by staff indicating the process and schedule such an amendment could follow in order to be presented on the November 7, 2006 ballot. She noted the first reading of the ordinance was held on March 27, 2006. Councilmember Stoltz moved to approve the Second Reading of Ordinance No. 04 -06, as presented. Councilmember Reinert seconded the motion. A roll call vote was taken. Yeas: Councilmember Reinert, O'Donnell, Carlson, Stoltz and Mayor Bergeson. Nays: none. Drug Lab Ordinance, First Reading of Ordinance No. 03 -06 Repealing Ordinance No. 21 -01 entitle Nuisances: Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites Declared to be a Nuisance, removing language from the Lino Lakes Code of Ordinance that is now covered by State Law and designated as County authority, as recommended by the City Attorney, Julie Bartell — City Clerk Bartell advised on November 13, 2001 the City Council adopted Ordinance No. 21 -01, adding language to the City Code regarding drug labs, declaring such sites to be hazardous properties and further establishing abatement and assessment authority for associated costs. 3 • • • COUNCIL MINUTES APRIL 10, 2006 DRAFTorm City Clerk Bartell stated the City Administrator has now been advised by the City Attorney that the State of Minnesota has enacted ;similar law that delegates responsibilities to county government. In light of this new law it would be appropriate for the City of Lino Lakes to repeal its ordinance so as to remove any conflict or confusion. City Clerk Bartell noted the Council approved the first reading of the ordinance on March 27, 2006. Councilmember Stoltz moved to approve the Second Reading of Ordinance No. 03 -06, as presented. Councilmember Carlson seconded the motion. A roll call vote was taken. Yeas: Councilmember Reinert, O'Donnell, Carlson, Stoltz and Mayor Bergeson. Nays: none. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no report from the Public Safety Depaitment. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no report from the Public Service Depat tnient. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 06 -56, Approving Plans and Specifications and Authorizing Advertisement for Bids, Lois Lane Utility Extension, Jim Studenski — City Engineer Studenski advised on December 12, 2005 the City Council ordered improvements, preparation of plans and specifications, and declared official intent to reimburse certain expenditures from the proceeds of bonds to be issued by the City. City Engineer Studenski stated TKDA has prepared the plans and specifications for this work, and staff is requesting Council approval of the plans and specifications and to advertise for bids. Councilmember Carlson moved to approve Resolution No. 06 -56, as presented. Councilmember Reinert seconded the motion. Motion passed unanimously. UNFINISHED BUSINESS Consider March 13, 2006 City Council Meeting Minutes (Councilmember Carlson and Mayor Bergeson absent) — Councilmember Reinert moved to approve the March 13, 2006 City Council Meeting Minutes as presented. Councilmember Stoltz seconded the motion. Motion passed with Councilmember Carlson and Mayor Bergeson abstaining. Consider March 13, 2006 Council Work Session Minutes (Councilmember Carlson and Mayor Bergeson absent) — Councilmember Reinert moved to approve the March 13, 2006 Council Work 4 • • • COUNCIL MINUTES APRIL 10, 2006 DRAFT .- Session Minutes as presented. Councilmember Stoltz seconded the motion. Motion passed with Councilmember Carlson and Mayor Bergeson abstaining. A review of the Council's previous action on the February 27 2006 City Council Meeting Minutes was requested as there were only two members presented who would have been able to vote on them. The minutes will be returned for approval if necessary. NEW BUSINESS Consider Approval of March 27, 2006 City Council Meeting Minutes (Councilmember O'Donnell absent) — Councilmember Reinert moved to approve the March 27, 2006 City Council Meeting Minutes as presented. Councilmember Stoltz seconded the motion. Motion passed with Councilmember O'Donnell abstaining. Consider Approval of March 27, 2006 Council Work Session Minutes (Councilmember O'Donnell absent) — Councilmember Reinert moved to approve the March 27, 2006 Council Work Session Minutes as presented. Councilmember Stoltz seconded the motion. Motion carried with Councilmember O'Donnell abstaining. COMMUNITY CALENDAR APRIL 11, 2006 THROUGH APRIL 24, 2006: Planning & Zoning Board Meeting, Wednesday, April 12, 6:30 p.m. Lino Lakes Charter Commission Meeting, Thursday, April 13, 6:30 p.m. Local Board of Appeal and Equalization, previous to City Council Meeting, April 24, 6:00 p.m. ADJOURN There being no further business, Councilmember Carlson moved to adjoum at 8:05 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 8, 2006. Julianne Bartell, City Clerk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 5 - 2 1 - • • • AGENDA ITEM 1C COUNCIL WORK SESSION APRIL 10, 2006 DRAFT 1 2 3 CITY OF LINO LAKES 4 MINUTES 5 6 7 8 DATE : April 10, 2006 9 TIME STARTED : 5:23 p.m. 10 TIME ENDED : 6:35 p.m. 11 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 12 Stoltz and Mayor Bergeson 13 MEMBERS ABSENT : None 14 15 16 Staff members present: City Administrator, Gordon Heitke; Community Development 17 Director, Mike Grochala; Director of Administration, Dan Tesch; City Planner, Jeff 18 Smyser; City Engineer, Jim Studenski; Economic Development Coordinator, Mary Alice 19 Divine; Chief of Police, Dave Pecchia; Environmental Specialist, Mary Asleson; and City 20 Clerk, Julie Bartell 21 22 Staff advised the purpose of the meeting is to review the results of the Community 23 Survey. 24 25 Dr. William Morris, Decision Resources, provided the background for Decision 26 Resources and the survey process. He noted the response rate for the survey was very 27 high indicating residents were very interested in taking the survey. 28 29 I Dr. Morris advised the results of the survey are projectaable to all adult residents in Lino 30 Lakes plus or minus five percent in ninety -five out of one hundred cases. The average 31 time it took to complete the survey was 29 minutes. 32 33 Dr. Morris reviewed the results of the survey in detail noting 94% of those who took the 34 survey rated the quality of life in Lino Lakes as good. 35 36 Information was requested regarding the timing of the survey in relation to property 37 evaluations and tax statements. The results of the stadium issue and County library was 38 also requested. 39 40 Dr. Morris advised the City would receive a very thick narrative of the results as well as a 41 report. The results of the two additional questions will be included with the final report. 42 43 The meeting was adjourned at 6:35 p.m. 44 Delete • • • COUNCIL WORK SESSION APRIL 10, 2006 DRAFT. 1 These minutes were considered, corrected and approved at the regular Council meeting held on 2 May 8, 2006. 3 4 5 6 Julianne Bartell, City Clerk John Bergeson, Mayor 7 8 9 Transcribed by: 10 Kim Points 11 TimeSaver Off Site Secretarial, Inc. 12 2 • • • AGENDA ITEM 1D BOARD OF REVIEW MEETING APRIL 24, 2006 DRAFT Formatted: Centered 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : April 24, 2006 5 TIME STARTED : 6:38 p.m. 6 TIME ENDED : 6:50 p.m. 7 MEMBERS PRESENT : Council Members Carlson, O'Donnell, 8 Reinert, Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator, Gordon Heitke; Finance Director, Al Rolek; 13 and City Clerk, Julie Bartell 14 15 16 I Mayor Bergeson advised the purpose of the meeting is to discuss property valuations. 17 The County Assessors are present to answer questions. He asked all residents who wish 18 to speak to sign it. 19 20 Mr. John Leone, County Assessor, came forward and read a statement regarding the 21 property valuation process and the appeal process. He provided background information 22 as well as the valuation increases within the City of Lino Lakes. He stated the County did 23 receive 110 calls this year but most of them had to do with the approved school levy. 24 25 Mr. Leone advised he does believe the market will be stabling out and the City will not 26 see as many large increases next year. He reviewed the average valuations for residential, 27 commercial and light industrial properties within the City. 28 29 Ms. Linda Weiner, County Assessor, advised there are property tax relief forms that are 30 available to taxpayers that qualify. 31 32 Mr. Alan Stender, Deerwood Lane, came forward and stated his property taxes went up 33 14 %. He stated that is a big increase on top of the school referendum. He noted the 34 school referendum information that was distributed indicated taxes would increase by 35 $300.00 but his increased $600.00. 36 37 1 Mr. Stender also expressed concern about the condition of the, roadway in front of his 38 house due to the hauling of dirt for the Fox Borough development. He stated the street 39 was very damaged. 40 41 Mr. Stender continued indicating that traditionally, estimated market value has always 42 been about 20% less that the selling value of a home. The County Assessors have 43 indicated the City of Lino Lakes is trying to catch up to market value. He suggested the 44 County is trying to catch up too fast. 45 Deleted: his - W • • BOARD OF REVIEW MEETING APRIL 24, 2006 DRAFT { Formatted: Centered 1 Carl and Charlene Elmquest, 6310 Otter Lake Road, advised their property valuation has 2 increased $94,300 in two years. He stated he did receive a correcttstatement that was - i Deleted: ion 3 still very high. Mr. Elmquest indicated he did a comparison with his neighbors and they 4 were most often in the 4 -5 %. He request that he also have a 4% increase in property 5 valuation. 6 7 Ms. Weiner responded to both residents and advised she would work with each of them 8 to explain how the increases were determined and answer any additional questions. 9 10 Mr. Leone outlined further steps that can be taken by homeowners in regard to the appeal 11 process. 12 13 Councilmember O'Donnell moved to adjourn at 6:50 p.m. Councilmember Reinert 14 seconded the motion. Motion passed unanimously. 15 16 These minutes were considered, corrected and approved at the regular Council meeting held on 17 May 8, 2006. 18 19 20 21 22 City Clerk, Julianne Bartell John Bergeson, Mayor 23 24 Transcribed by: 25 Kim Points 26 TimeSaver Off Site Secretarial, Inc. 27 2 • • • AGENDA ITEM 1E COUNCIL MINUTES APRIL 24, 2006 DRAFT CITY OF LINO LAKES MINUTES DATE : April 24, 2006 TIME STARTED : 7:00 p.m. TIME ENDED : 8:10 p.m. MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Gordon Heitke; City Attorney, Barry Sullivan; Finance Director, Al Rolek; City Planner, Jeff Smyser; Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Associate Planner, Paul Bengtson; and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA Item 1 G, Consider Approval of April 5, 2006 Special City Council Minutes (Joint meeting with Advisory Boards) was removed from the consent agenda. The agenda was approved as amended. STATE OF THE CITY ADDRESS — MAYOR BERGESON Mayor Bergeson advised the Governor proclaimed last Saturday, April 22, 2006 as Art Hawkins Day in remembrance of Mr. Hawkins, a long time Lino Lakes resident who was an environmental advocate. Mayor Bergeson also stated the County received a $10,000 grant from R.E.I. to plant trees in the County park. Mayor Bergeson presented the annual State of the City Address. A copy of the Mayor's State of the City Address can be found at the end of these minutes. CONSENT AGENDA Councilmember Reinert moved to approve the Consent Agenda, as amended. Councilmember O'Donnell seconded the motion. Motion carried unanimously. ITEM ACTION Consideration of Expenditures: 1 - -.1 Formatted ::. Centered COUNCIL MINUTES APRIL 24, 2006 DRAFT April 24, 2006 (Check No. 76389 — 76505, $593,181.53) Centennial fire District (Check No. 15132 — 15176, $24,653.44) Accepting Donation from Centennial Firefighters Relief Assn. For Replacement of Defibrillators in Centennial Schools Resolution No. 06 -62, Approving Issuance of On -Sale Wine and Beer License, Sunday Sales, for Poblano's Mexican Restaurant, 730 Apollo Drive Resolution No. 06 -63, Approving the Premises Permit Application by Centennial Youth Hockey Association to Conduct Charitable Gambling at Miller's on Main Approval of February 20 and 21, 2006 City Council Retreat Minutes Approval of April 3, 2006 Council Work Session Minutes Resolution No. 06 -61, Accepting Bids and Awarding Contract, 2006 Overlay Project, Jim Studenski Resolution No. 06 -60, Accepting Bids and Awarding Contract, 2006 Sealcoat Project, Jim Studenski Resolution No. 06 -59, Authorizing Execution of Development Agreement, Century Farm North 4th Addition, Jim Studenski Resolution No. —6 -69, Approving Final Plat of Century Farm North 4th Addition, Paul Bengtson Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved FINANCE DEPARTMENT REPORT, AL ROLEK There was no report from the Finance Department. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 2 • Formatted: Centered. COUNCIL MINUTES APRIL 24, 2006 DRAFT w ( For Centered There was no report from the Administration Department. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no report from the Public Safety Department. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no report from the Public Service Department. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 06 -53, Conditional Use Permit for Accessory Drive Through Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center, Jeff Smyser — City Planner Smyser advised the Millers Crossroads development was approved in 2003 with Resolution No. 03 -142. The project includes one commercial lot at the corner of Birch St. and Hodgson Road. This lot received approval for a conditional use permit for a daycare business that would have filled part of the commercial building. That business did not materialize and the building was never constructed. City Planner Smyser stated the current proposal includes a coffee shop in the east end of the building and a Subway sandwich shop in the west end. The applicant has requested a conditional use permit for an accessory drive through and outdoor seating for the coffee shop. Each of these is a conditional use, and staff has combined them into one conditional use permit. A public hearing was held on the request. If the drive through and outdoor seating facilities were not requested, the project would be reviewed administratively. The proposed building is almost exactly the same as what was approved in 2003, but with some improvements in materials. City Planner Smyser advised the Planning and Zoning Board recommended approving the project with 11 conditions. Two conditions have been met with revised plans. The remaining nine conditions are included in Resolution No. 06 -53. Mr. Greg Schlenk, 3465 Longview Drive, came forward and stated he is representing the developer and is present to answer and Council questions. Councilmember Reinert moved to table Resolution No. 06 -53, to the next City Council meeting for further discussion and review at the next Council work session. Councilmember O'Donnell seconded the motion. The Council determined further review would include the grading plan from the original development, additional screening for residents and drive through uses on that site. Motion passed unanimously. • • • COUNCIL MINUTES APRIL 24, 2006 DRAFT w { Formatted:! Centered Consideration of Resolution No. 06 -70, Amending the Planned Unit Development Conditional User Permit to Allow for Building Height in Excess of the District Standards and Revisions to the Site Layout, Apollo Landing, Paul Bengtson — Associate Planner Bengtson advised Equinox Development was previously approved by the City Council for a hotel that is proposed for lot 1 of the plan. The final plat application included the final building plans for the hotel as well as the final plat for the site. Associate Planner Bengtson stated the developer is now requesting to add an additional floor of rooms increasing the total to 113 rooms. This will mean a five story structure with a height of 46 feet. These heights are simply the roof deck height. Parapets will extend beyond that height; previously the parapet would have met the ordinance limit, while the current proposal will extend the parapets to 4.5 feet and 7 feet. Associate Planner Bengtson stated that because the original approval tied the height of the buildings in Apollo Landing back to the zoning ordinance; and because Section 3 Subdivision 4 Letter C which is titled "Height" requires a Conditional Use Permit to exceed the height standards of the zoning district provisions, this request is considered an amendment to the existing conditional use permit for the planned unit development on the site and an amendment to the planned unit development final plan for the hotel itself. Associate Planner Bengtson noted a fifth condition of approval has been added per the Council work session: All roof mounted equipment shall be screened from view. Councilmember Carlson moved to approve Resolution No. 06 -70, based on conditions in the staff report as well as the additional condition that all roof mounted equipment shall be screened from view. Councilmember Stoltz seconded the motion. Motion passed unanimously. Legacy at Woods Edge Improvement Project, Michael Grochala Consideration of Resolution No. 06 -66, Accepting Bids and Awarding Contract, Legacy at Woods Edge Phase 2 — Street Lighting Project — Community Development Director Grochala advised sealed bids were received and publicly opened on March 30, 2006. The bid package included two components as outlined in the staff report. Community Development Director Grochala stated the low bid received was submitted W. H. Response of Rockford, Minnesota in the amount of $628,935.84. The bid is approximately 35% under the engineers estimate. Councilmember O'Donnell moved to approve Resolution No. 06 -66, as presented. Councilmember Reinert seconded the motion. Motion passed unanimously. Consideration of Resolution No. —6 -67, Accepting Bids and Awarding Contract, Legacy at Woods Edge Phase 3 — Streetscaping Improvement Project - Community Development Director Grochala advised sealed bids were received and publicly opened on March 23, 2006. The bid package included four components as outlined in the staff report. 4 • COUNCIL MINUTES APRIL 24, 2006 DRAFT (Formatted: Centered Community Development Director Grochala stated the low bid received was submitted by Jay Bros, Inc., of Forest Lake, Minnesota in the amount of $1,549.732.38. Staff recommends adoption of Resolution No. 06 -67 awarding the Base Bid to Jay Bros. Inc., of Forest Lake, Minnesota in the amount of $725,352.61. The resolution also reserves the City's right to award the Alternate 1 bid no later than October 24, 2006 per an agreement with Jay Bros., and rejects Bid Alternates 2 and 3. Councilmember Stoltz moved to approve Resolution No. 06 -67, as presented. Councilmember Carlson seconded the motion. Motion passed unanimously. Consideration of Resolution No. 06 -68, Authorizing I -35E Corridor Roadway Improvement Cost Allocation Study, Michael Grochala — Community Development Director Grochala stated during the last three years the City of Lino Lakes has worked extensively with Anoka County and the I -35W/E Coalition to pursue the reconstruction of the I- 35E/Main Street Interchange. Those efforts have been successful in receiving federal funding for preliminary and final design work in the amount of $1,000,000. Additionally, the project has recently been selected for federal funding in the amount of $5,500,000 for construction in the 2009 -2010 program funding years. Community Development Director Grochala stated staff has received a proposal from SRF Consulting Group, In., to prepare a Roadway Improvement Cost Allocation Study. The study will outline the roadway infrastructure improvements necessary to support future growth in this area over the next 25 years. Additionally, the costs associated with these improvements will be allocated to the appropriate existing and future development based on traffic generation. SRF is proposing to prepare the study in the amount of $16,000. Community Development Director Grochala advised the study is proposed to be funded from state dollars available to the City associated with the turn back of Trunk Highway 49. Anoka County has also indicated their interest in cost sharing the study up to 50 %. • Councilmember Reinert moved to approve Resolution No. 06 -68, as presented. Councilmember O'Donnell seconded the motion. Motion passed unanimously. UNFINISHED BUSINESS Consider February 27, 2006 Work Session Minutes (Councilmember Stoltz was absent) — Councilmember Reinert moved to approve the February 27, 2006 Work Session Minutes as presented. Councilmember Carlson seconded the motion. Motion passed with Councilmember Stoltz abstaining. Consider February 27, 2006 City Council Meeting Minutes (Councilmember Stoltz was absent) — Councilmember Reinert moved to approve the February 27, 2006 City Council Meeting Minutes as presented. Councilmember Carlson seconded the motion. Motion passed with Councilmember Stoltz abstaining. 5 • • • • COUNCIL MINUTES APRIL 24, 2006 DRAFT Formatted: Centered NEW BUSINESS There was no New Business. COMMUNITY CALENDAR APRIL 25, 2006 THROUGH MAY 8, 2006: Environmental Board Meeting, Wednesday, April 26, 6:30 p.m. Park Board Meeting, Monday, May 1, 6:30 p.m. ADJOURN There being no further business, Councilmember O'Donnell moved to adjourn at 8:10 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 8, 2006. Julianne Bartell, City Clerk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. „STATE OF THE CITY 2006 f ormatted: Font :11 pt As Mayor of the City of Lino Lakes. it is my privilege each year to deliver the State of the City address. It provides an opportunity to review our progress and share the course we are setting. for the future. It is vitally important that we. as city officials. leverage our city's assets to the benefit of our residents and business owners. Our recently completed resident survey shows that location. natural amenities, neighborhoods and schools are what attract people to this community. It is our goal to ensure that what is highly valued by our residents is preserved, while providing conveniences, housing opportunities and additional tax base for our residents. This year, I want to take a look back to the hopes and dreams of the community 10 years ago when we completed a major public initiative called 20/20 Vision. I also want to briefly highlight some of the accomplishments of our city departments. First the 20/20 vision in review: It's time to examine whether we have trade progress towards that vision. In doing so. I would hope to set the stage for the new visioning process we will be undertaking later this summer. The 20/20 Vision participants from 10 years ago imagined the future Lino Lakes. and then recommended ways to move the city toward that vision. Major focuses of that process were on Growth Planning, the Environment, Parks, and Commercial Development. 6 - f Formatted: Une spading lni le! COUNCIL MINUTES APRIL 24, 2006 DRAFT The Growth Planning AcIvisoiy Group called for "a plan that would control the tpe and quality of growth in a manner that would ultimately provide the benefits of available commercial services, broadened tax base. and city services, and vet stillpreserve the character of Lino Lakes." The. Environmental Advisory Group recommendations included: • The enactment of zoning regulations, ordinances and special efforts to preserve areas of special environmental importance. • It recommended locating trails, buffers, and greenway corridors for maximum benefit to wildlife and to provide recreation opportunities. • Their recommendations asked for a master plan. The Environmental Advisory Group asked the city to provide resources that encourage the dedication of private property to complement the citv's natural resource base. The Parks Advisory Group recommendations in the 20/20 Vision Plan were: • To develop a detailed development and construction plan specifically for trails. • To map current and future trails and to develop a lone -terra planning relationship with Anoka County to provide connections between the city and county trail systems. The final section of the 20/20 Vision Plan deals with Commercial. Development. That advisory group said the city should pursue commercial business with characteristics that "fit" the community, including ones that are compatible with the environment, provide a business center. support multiple types of zoning, and support community activities and family values. Tonight I am proud to say that the city has made muchprogress towards these recommendations and has set the stage for how we can continue to grow in a way that protects. enhances and preserves our valuable amenities. Lino Lakes was one of the first cities in the state to complete a detailed natural resources inventory. Our "Parks, Natural Open Space /Greenways and Trail System Plan" is a comprehensive study of our natural resources and provides guiding principles for the future. Those principles include: • An interconnected network of natural landscapes, greenways, parks and trails. Formatted: Centered { {Formatted; Bullets and Numbering • _ { Formatted: Bullets and Numbering • Finding ways to foster a high quality living environment within the context of ecological protection, land stewardship, long -term sustainability and economic viability. Now, those are all very lofty words. But words in a study by themselves don't accomplish much. It was critical to find a way to implement these principles. The city took a significant step forward when it amended the growth management ordinance in 2004 to encourage ecologically based "Conservation Development ". This amendment has since brought recognition to Lino Lakes for being on the leading edge of "Conservation Development." Other cities, environmental and planning organizations, and the development community, are turning to Lino Lakes to find out how we're making it work. The idea was to provide design flexibi.Iity in creating new neighborhoods to achieve desired public values. Our first "Conservation Development" is underway. It has received ..much attention because it is environmentally 7 • Formatted: Bullets and Numbering • • • COUNCIL MINUTES APRIL 24, 2006 DRAFT sustainable. and workable. Our "Parks, Natural Open Space / Greenways, and Trail System Flan" can be implemented and paid for largely with private development dollars. In the past vear our city staff has been asked to speak about conservation development at conferences sponsored by the Regional Greenways Collaborative. the Minnesota Recreation and Park Association, the Minnesota Department of Natural Resources, the American Planning Association, and Minnesota Land Trust. The Pioneer Press recently reported on the Foxborough Estates conservation development in Lino Lakes. So, we now have a plan and a wav to implement that plan. We are proud of our progress. We have tools, resources and experience we did not have 10 years ago. Since 2003, the city has increased funding for trail development. We have partnered with Anoka County to provide a paved trail segment connecting the Town Center with the regional park trail system. Soon. residents will be able to get from Pheasant Hills to city hall and the YMCA via off -road trails. Anyone who has lived in this city for any length of time is aware of the years of planting this city has put into creating a "downtown" Lino Lakes. We are proud to say it is underway. and the initiative we took as a city is paying off. As the 20/20 Vision Commercial Development Group recommended, it is compatible with the environment, provides a business center, supports multiple ty3.res of zoning, and supports community activities and family values. Country inn and Suites is going up, and townhomes are going through approvals. The YMCA is holding its groundbreaking on May 10. Anoka County has selected Lino Lakes Town Center for a future regional resource library. Hampton Inn is also building on the north side of 35W, and we are getting additional users in the Target/Kohl's development. The 20/20 Commercial Development advisory group also promoted "Community Unity" through better communication between city officials and citizens. Communications with residents, I believe, continues to improve. The city received high praise for the vervpublic way that the environmental review of the 35W Corridor the AUAR) was handled before its adoption last year. Our website is filled with information and is easy to use. We learned from the recent survey that 83% of our residents read the newsletter, which is considerably higher than the none for suburban cities. We televise and replay our council and advisory board meetings on cable. Our staff is involved in the local chamber, and other local business organizations. Our recently completed city survey is a vital tool that provides insight into the residents' perceptions about the community. It was rewarding to receive such positive responses. It is also necessary and helpful to hear the negatives, and it helps us know where to focus our attention. An abbreviated summary of survey results will be in your next newsletter, and the full results will be on the city website soon. The city also plans to run a series of follow -up guest columns in the Quad. Press to provide more detail to residents regarding the survey results. We continue to work on communication with our citizens, and look forward to resident involvement in our visioning process this summer. Another 20/20 Vision .recommendation in 1996 was to monitor the adequacy of our roads and work with other agencies on hansporation issues. We all know that transportation needs and lack of funding have grown dramatically since 1996 across the metro area. We are taking aggressive action. in cooperation with. Anoka County and MN /Dot. to find ways to fund improvements at the 35W and 35E interchanges. Federal funds for 8 Formatted: Centered'.`. COUNCIL MINUTES APRIL 24, 2006 DRAFT Formatted: Centered:- 35E are programmed for 2009 construction, and we continue to work toward funding for the 35W interchange in 2007. Over the past 10 years we have made significant progress towards the goals of the 20/20 vision. We have an excellent base to begin our new visioning process and we look forward to a collaborative visioninn process this summer. We were less successful in 2005 in funding the reconstruction of some of our most deteriorated local roads. The Lino Lakes City Charter does not allow general fund dollars to be used for local road reconstruction without voter approval. In 2005, for the second time, a road referendum was defeated. It is our role as elected city officials to provide basic services such as roads to our citizens. We are dependent upon support of residents to do this. It is not in the best financial interest of this city to continue to allow deterioration of our local road system. The city is undertaking a financial analysis this summer to study, among other things. our assessment policies. street maintenance and reconstruction schedules. outstanding debt and financing decisions, and reduction of state aids. Periodic review and adjustment is critical, and tough decisions. based on updated projections. need to be made. Our city council makes decisions based on the needs of the community and its affect on local property taxes. I'm pleased to say that the city portion of your tax dollar has again decreased. In 2004 it was 36% of your property tax bill. In 2005 it was 35 %. and in 2006 it was 34 %. Its not a huge decrease, but in light on the increasing demands for services and amenities. I ani proud that we are able to hold the line as we do. POLICE DEPARTMENT I want to again acknowledge and honor Officer Shawn Silvera. His death in the line of duty in September 2005 truly moved us all and brought us together as a community in a new way. While we grieved. we found strength in the manvpeople who united with us to share in commemorating our fallen hero. Shawn's wife, Jennifer. and his children, Jordan and. Madelvnn, will always be in our thoughts and prayers. Legislation has been proposed to designate the portion of 1 -35 from the site of the accident north to Washington County 2 (Broadway Street) in Forest Lake in Officer Silvera's honor. Representative Ray Vandeveer has authored this bill in the House, along with Representative Phil Krinkie. Senator Michele Bachmann is authoring a version of the bill in the Senate, along with. Senator M.ady Reiter. We are proud to be able to honor Officer Silvera's memory in this way. FINANCE DEPARTMENT Our finance department is always looking for ways to save costs. Just one example is the refmancing of bonds in 2005. which saved the city S 123,000. And for the 10`s year in a row, it has received national recognition for its financial management by being awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association. PARKS DEPARTMENT Our parks division of our public services department installed the Birch Street trail in 2005 a major link from Blackduck Drive to Pheasant Hills Drive. The dedicated staff is consistently renovating and replacing parks equipment, planting and replacing trees and seeding, sodding. and mulching our public areas to keep this city green. • • • COUNCIL MINUTES APRIL 24, 2006 DRAFT Formatted: Centered Our recreation division started on -line registration for recreation programs. processed 3,545 registrations, and held all the many regular and special events that become increasingly popular with each passing near —from the Family Turkey Shoot to tennis programs to summer playuound activities. PUBLIC WORKS Our public works division patches our streets. replaces public signage. trines and removes trees. Our utilities division keeps our sewer and water systems operational and safe. They adopted Part 2 of the city's Wellhead Protection Plan and a Vulnerability Assessment Plan in 2005. BUILDING SERVICES Our building services in 2005 issued a total of 1,364 building pen-nits for new consl action and improvements valued at almost $54 million. Of these permits, 196 were for new construction of single family residences and townhomes, valued at almost $38 million. Commercial. and industrial new construction and additions totaled over $6 million. CONCLUSION I want to thank the members of the city council and our excellent staff who, year after year, work so hard to make Lino Lakes a better place to live. 1 particularly want to thank our residents who took the time to participate in the recent survey. for your interest and attention to this community, and for your support. 10 • • AGENDA ITEM 1F COUNCIL WORK SESSION APRIL 24, 2006 DRAFT • I Formatted: Centered 1 I CITY OF LINO LAKES Formatted: Top 0.8', Bottom: ' 2 MINUTES 3 4 DATE : April 24, 2006 5 TIME STARTED : 5:32 p.m. 6 TIME ENDED : 6:08 p.m. 7 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 8 Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator, Gordon Heitke; City Planner, Jeff Smyser; 13 City Engineer, Jim Studenski; and Finance Director, Al Rolek 14 15 City Administrator Heitke advised the purpose of the meeting is to review the regular 16 Council agenda. He stated all Councilmember's also received a memo regarding 17 1 Pomp.Vire landscaping. Staff is suggesting the City Attorney, the neighbors and staff { Deleted: 18 goes to a workroom and discusses this issue. • [ Deleted :L„ 19 20 The Council agreed staff and the City Attorney should meeting with the neighbors and 21 gather information. A report will be made to the City Council and this item may appear 22 on the Council work session next week. 23 24 The Council reviewed the regular Council agenda and noted the following changes: 25 26 1. Item IG, Consider Approval of April 5, 2006 Special City Council Minutes — 27 this item was pulled from the consent agenda. 28 29 2. Item 6B, Consideration of Resolution No. 06 -70, Amending the Planned Unit 30 Development Conditional Use Permit to Allow for building Height in Excess 31 of the District Standards and Revisions to the Site Layout — A condition that 32 equipment be screened was added to the condition of approval. 33 34 The meeting was adjourned at 6:08 p.m. 35 36 These minutes were considered, corrected and approved at the regular Council meeting held on 37 May 8, 2006. 38 39 40 41 Julianne Bartell, City Clerk John Bergeson, Mayor 42 43 Transcribed by: 44 Kim Points 45 TimeSaver Off Site Secretarial, Inc. 1 • • AGENDA ITEM 1G STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: May 8, 2006 TOPIC: Consideration of Resolution 06 -71, Approving Access Control System for City Hall VOTE REQUIRED: Simple Majority BACKGROUND As discussed at the April 3, 2006 City Council Work Session, city staff has identified the need to provide a more secure environment at city hall. With the substantial investment in capital equipment such as computers and servers as well as important documents (ie. address files, permits, contracts, etc) it is essential that city hall is more secure. In addition, we have had difficulty retrieving keys from past employees and city council members. There is also the possibility of keys checked out by staff being lost or misplaced. Staff is recommending the installation of an Access Control System (card readers and security management software) for city hall. This is similar to the system used at the police department. An Access Control System is the best way to provide a secure environment for city hall that can be controlled /monitored. The total project cost to install an Access Control System is $20,845. This includes proximity card readers, door status sensors, electric locks, and security management software for the two "exterior" door locations (The main outside door to city hall and the interior concourse door near the Community Room) and the four interior doors leading to the employee work area. Six door release buttons will also be installed at the front desk areas (Administration, Community Development, and Parks and Recreation). Staff recommends that funding be designated from the Capital Projects Fund. When city hall is open, all areas of city hall (except employee work area) will continue to be accessible to the general public. When city hall is secured for the evening /weekend, an access card will need to be used to access city hall. OPTIONS 1. Approve Resolution 06 -71 2. Do not approve Resolution 06 -71 3. Return to staff for further review RECOMMENDATION Option 1 -37- Council Packet — Item 1G (revised resolution) Replaces Pgs 38 -39 Council Member introduced the following resolution and • moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 06 -71 RESOLUTION APPROVING ACCESS CONTROL SYSTEM FOR CITY HALL WHEREAS, City staff has identified the need to provide a more secure environment at city hall to protect the substantial investment in capital equipment such as computers and servers as well as important documents (ie. address files, permits, contracts, etc); and WHEREAS, Staff is recommending the installation of an Access Control System for city hall; and WHEREAS, An Access Control System is the best way to provide a secure environment for city hall that can be controlled /monitored; and WHEREAS, The total project cost is $20,845. This includes proximity card readers, door status sensors, electric locks, and security management software for the two exterior doors and the four interior doors leading to the employee work area. Six door release buttons will also be installed at the front desk areas (Administration, Community Development, and Parks and Recreation); and WHEREAS, City staff will update policies and procedures to effectively manage and maintain the Access Control System and to provide a secure civic complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA. 1) That city staff implement the Access Control System at City Hall. Funding for the project will be designated from the Capital Projects Fund. Adopted by the Lino Lakes City Council this 8th day of May, 2006. John Bergeson, Mayor • Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • AGENDA ITEM 111 STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: May 8, 2006 TOPIC: Resolution No 06 -74, Approving a new fireworks Permit for Lino Lakes Quik Stop VOTE REQUIRED: 3/5 BACKGROUND The City has received an application from Q. S. Inc. requesting a permit to sell fireworks at their Lino Lakes Quik Stop facility located at 6501 Ware Road. With the permit application, the City has received verification of the required liability insurance and a letter from the building landlord granting permission to sell fireworks at that location. In turn, the applicant has been provided with a copy of the City's regulations concerning the sale, possession and use of consumer fireworks (City Ordinance No. 06 -02), as well as a copy of the State's regulations including information on what can be sold. The application has been reviewed by both the fire marshal and the police department and they have indicated no reason to deny the permit request. OPTIONS: 1. Approve Resolution No. 06 -74 authorizing issuance of an annual permit for the sale of consumer fireworks to Q.S. Inc., d /b /a Lino Lakes Quik Stop. 2. Deny Resolution 06 -74. • CITY OF LINO LAKES RESOLUTION NO. 04 -74 APPROVING ISSUANCE OF AN ANNUAL PERMIT ALLOWING THE SALE OF CONSUMER FIREWORKS AT THE LINO LAKES QUIK STOP, 6501 WARE ROAD WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on May 8, 2006, and; WHEREAS, the City Council received a report outlining a permit application received from Q.S. Inc; and; WHEREAS, the police department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, the fire marshal has reviewed the application and premises; • WHEREAS, the requested site for sales, 6501 Ware Road, is zoned for general business purpose; and WHEREAS, the applicant has provided proof of insurance, authorization from the building owner and has paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves an annual Fireworks Permit for Q.S. Inc., d /b /a Lino Lakes Quik Stop, 6501 Ware Road. Adopted by the Lino Lakes City Council this 8th day of May, 2006. ATTEST: Julianne Bartell, City Clerk • John Bergeson, Mayor • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Jean Viger, Deputy Clerk May 8, 2006 Resolution No. 06 -64, Adding a New Precinct, Redrawing Precinct Boundaries and Designating New Polling Places Simple Majority (3/5 Vote) Residential growth in the city has created a need for an additional precinct. Precincts are not tied to population size. However, precincts sized much beyond 2000 registered voters can become unwieldy for election administration purposes. At this time I would like the City Council to consider the recommendation to add a 7th Precinct. Attached to this staff report is a draft Precinct/Boundary Change & Precinct Code Assignment sheet, a map showing our current precincts & polling places and a map showing the proposed changes to add Precinct No. 7. Note that there is no change to Precinct No. 1 or Precinct No. 2. The southern portion of Precinct No. 3 was moved into Precinct No. 5. Precinct No. 4 boundaries were not changed, but the polling place was relocated to 600 Town Center Parkway, Lino Lakes City Hall. Precinct No. 7 was created from Precinct No's. 5 & 6. Rice Lake Elementary, previously the polling place for Precinct No. 4, would become the polling place for our new Precinct No. 7. Minnesota Election Law states the governing body of a municipality shall establish the boundaries of the election precincts and designate a polling place for each precinct. This shall be done no later than June 1St in the year of a state general election. The boundary changes shall not take effect until notice has been posted in the municipal clerk's office for at least 60 days. If Resolution No. 06 -64 is approved, a notice will be sent to each registered voter, as required by law, notifying them their election precinct and/or polling place has been changed: OPTIONS: 1. Approve Resolution,No. 06 -64 2. Return to Staff with Direction RECOMMENDATION: 1. Approve Resolution No. 06 -64 -42- • CITY OF LINO LAKES RESOLUTION NO. 06-64 RESOLUTION ADDING A NEW PRECINCT, REDRAWING PRECINCT BOUNDARIES AND DESIGNATING NEW POLLING PLACES WHEREAS, residential growth in the city has created the need for an additional precinct; and WHEREAS, the governing body of a municipality shall establish the boundaries of the election precincts and designate a polling place for each precinct; and WHEREAS, the addition of a precinct and the redrawing of precinct boundaries must be adopted no later than June 1st in the year of the state general election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, State of Minnesota that: • 1. The city be divided into seven voting precincts effective with the September 12, 2006 State Primary Election, and • 2. The boundaries of the precincts are hereby established pursuant to Minnesota Statute 204B.14, subd. 4, and 3. The polling places of the precincts are hereby established pursuant to Minnesota Statute 204B.16, and 4. Such boundaries and polling places shall be as follows: Precinct #1 — Polling Place - Lino Lakes Senior Center, 1189 Main Street: South on 4th Avenue from Pine Street on the north to Main Street on the south, east on Main Street to Lake Drive, south on Lake Drive to I -35W, northeast on I -35W to Main Street, south on Main Street to Centerville border, follow Centerville border east and south to Main Street, east on Main Street to 24th Avenue, our eastern border, north on 24th Avenue to northern border, west on northern border to 4th Avenue. Precinct #2 - Centennial Fire Station #2, 7741 Lake Drive: South on 4th Avenue from Pine Street on the north to Main Street on the south, east on Main Street to Lake Drive, south on Lake Drive to the eastern extension of Lilac Street, west on the eastern extension of Lilac Street to Apollo Drive, southwest on Apollo Drive to Sunset Road, north on Sunset Road to northern border, east on northern border to 4th Avenue. -43- • • Precinct #3 - Saint Joseph Catholic Church, 171 Elm Street: Northeast on Apollo Drive from Sunset Road on the west to Lilac Street, east on Lilac Street extending to the center of Lake Drive, south on Lake Drive to North Road, west on North Road to Sunset Road, north on Sunset Road to Apollo Drive. Precinct #4 — Lino Lakes City Hall, 600 Town Center Parkway: North on Lake Drive from Hodgson Road to I -35W, northeast on I -35W to Main Street, south on Main Street to Centerville border, follow Centerville border west and south, continue to follow border line to 20th Avenue, south on 20th Avenue to Birch Street, west on Birch Street to Hodgson Road, northwest on Hodgson Road to Lake Drive. Precinct #5 - Rice Creek Covenant Church, 125 Ash Street: North on Ware Road from Ash Street on the south to Birch Street, west on Birch Street to Hodgson Road, northwest on Hodgson Road to Lake Drive, follow Circle Pines border south to Ash Street, east on Ash Street to Ware Road. Precinct #6 - Living Water Lutheran Church, 865 Birch Street: North on Ware Road from Ash Street on the south to 62nd Street, east on 62nd Street to West Shadow Lake Drive, north on West Shadow Lake Drive to Birch Street, east on Birch Street to 20th Avenue, north on 20th Avenue to Cedar Street, follow Centerville border east and north to Main Street, east on Main Street to 24th Avenue, our eastern border, south along our eastern border to our southern border, west along our southern border to Ware Road. Precinct #7 — Rice Lake Elementary School, 575 Birch Street North on Ware Road from 62nd Street on the south to Birch Street, east on Birch Street to West Shadow Lake Drive, south on West Shadow Lake Drive to 62nd Street, west on 62na Street to Ware Road. Adopted by the City Council of the City of Lino Lakes this 8th day of May, 2006. ATTEST: • JulianneBartell, City Clerk John J. Bergeson, Mayor r 0 0 O 0 C) 0 0 0 0 a 0 m • - 4 5 - `Recommend new precinct code 5670 01 O) N 0 cn 01 O (1 w Z 0 CD 01 D 01 w D CJ1 CA) (n w 01 w (n N D (n o C (n (D 0) 01 01 0) 01 0) 0) 00 0 0 0 Cr) i 0) 01 w 01 w i co w i N 0) A C.) V 0 O_ (1 V Z O O N 01 C0 Pa o CA). (ll O O '' Z O 0' S 0) 0) 0) CD CI 17 o CD o m 0,0 01 010101(1(1010 O 0000000 01 01 01 A 01 (.)1 CO 01 N --t 0 13 -, 0. CD 0 Current polling locations voter count as of 3/27/06 O) 01 .. C N i 0 TOTAL 1 i�iinn \Natarc 1 iitharan Church RR5 Birch ST Rice Creek Covenant Church. 125 Ash St St. Joseph Catholic Church, 171 Elm St Rice Lake Elementary School 75 Birch St Centennial Fire Station #2 7741 Lake Dr Polling location Lino Lakes Senior Center 1189 Main St 10889 co O Ca) V Voter Count 1115 1565 1714 2076 1382 01 V 0 Prec code 5610 5620 5630 5640 5650 5660 Polling locations and voter county after adding P7 NOTE: Precinct 4 location change and Precinct 7 add V C1 CT .AwNial 0 Rice Lake Elementary School, 575 Birch St 0 C) CD CD M 0 o CD ro 3 0 n Cr m .� ) St. Joseph Catholic Church, 171 Elm St Lino Lakes City Hall, 600 Town Center Pkwy Centennial Fire Station #2, 7741 Lake Dr Polling location Lino Lakes Senior Center, 1189 Main St j CJ) 0) O N i O 01 V w 01 C1 i 01 0) C1 voter Count 1115 - 4 5 - `Recommend new precinct code 5670 01 O) N 0 cn 01 O (1 w Z 0 CD 01 D 01 w D CJ1 CA) (n w 01 w (n N D (n o C (n (D 0) 01 01 0) 01 0) 0) 00 0 0 0 Cr) i 0) 01 w 01 w i co w i N 0) A C.) V 0 O_ (1 V Z O O N 01 C0 Pa o CA). (ll O O '' Z O 0' S 0) 0) 0) CD CI 17 o CD o m 0,0 City of Lino Lakes • Map 1 11 LI 111 Ull A 'I mi . h 4,- il .. VIPMFAVAMMATIVAWIENT&M' TawarromwerazomIg 1:J a ME• =IN Wow 5"t Morahan Lake Centerville Lake Rice Lake ' Reshanau Lake , • I I 111111a11111 r I IN = 1111101151111111111111W116. 1L-1 IIILOUP4e.: tS4 1%1 111111111 a—KkgfirlaMtafili*tlift'SkagralkiligNigaiMatirtafektic,.6-41- 74:74, Otter Lake • Draft Precinct/Bo!Tdary Change -47- • AGENDA ITEM 3B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: May 8, 2006 TOPIC: Establishing Absentee Ballot Board in the City of Lino Lakes VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The City of Lino Lakes receives hundreds of absentee ballots each election and every absentee ballot must be accepted or rejected base on the criteria set forth by Minnesota election law. Current state law allows for absentee voting based on the voter meeting one of five specific reasons. At this time there is a bill in legislature seeking to allow anyone to vote absentee without a specific reason. This would create an increase in the already large number of absentee ballots to be processed on Election Day. Establishing an Absentee Ballot Board is an excellent way to improve the processing of absentee ballots with less chance for error as well as easing the responsibility of the election judges on Election Day. Anoka County is willing to aid in facilitating the Absentee Ballot Board for the state elections if every city, township and school board is willing to authorize the Board through official action. This would mean more experienced workers will supervise the accepting or rejecting of the absentee ballots. The current plan is that approximately four days prior to the election, each city would be responsible to send individuals to Anoka County, in our case the City Clerk, Deputy Clerk/Election Liaison or designee, to conduct the responsibilities of the Board. Anoka County will supply the room, match the absentee ballots to the absentee ballot applications and provide any necessary supplies. However, during local elections, the City of Lino Lakes will be responsible for administering the Board for that election. In order for this process to be successful and consistent for every city, township and school board, the County needs 100% consensus. OPTIONS: 1. By motion, approve Resolution No. 06 -65, establishing an Absentee Ballot Board in the City of Lino Lakes. 2. Reject Resolution No. 06 -65 RECOMMENDATION: 1. Approve Resolution 06 -65 -48- • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -65 RESOLUTION ESTABLISHING ABSENTEE BALLOT BOARD IN THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes receives hundreds of absentee ballots each election; and WHEREAS, on Election Day the election judges must take time to accept or reject the ballots according to the criteria set forth by the State of Minnesota Election Laws; and WHEREAS, processing absentee ballots prior to election day will ease the responsibility of the election judges on election day and reduce their time spent at the polling place at the close of the polls; and WHEREAS, establishing an Absentee Ballot Board is an excellent way to improve the processing of absentee ballots with less chance for error; and WHEREAS, Anoka County is willing to aid in facilitating the Absentee Ballot Board for the State Elections which means more experienced workers will supervise the accepting or rejecting of the absentee ballots; and WHEREAS, in discussions with Anoka County Elections officials, it has been agreed that the City's Election Liaison and/or designees will be the only staff needed for the processing of the absentee ballots; and WHEREAS, during local elections the City will be responsible for administering the board which will be made up of election judges and/or city staff of different political parties serving as election judges; and WHEREAS, Anoka County needs 100% cooperation from each city /township /school board for the Absentee Ballot Board process to be consistent and successful. -48a- • • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby authorizes and establishes an Absentee Ballot Board for the City of Lino Lakes and that the Election Liaison, City Clerk and/or designee is authorized to serve on the Absentee Ballot Board. Adopted by the City Council of the City of Lino Lakes, Minnesota this 8th day of May 2006. John J. Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed. s • • Council Packet- Item 3E Add after Pg 48b AGENDA ITEM 3 E STAFF MEMBER Daniel Tesch, Director of Administration DATE 5 May 2005 SUBJECT Resignation of Officer Ross VOTE REQUIRED 3/5 BACKGROUND Officer Ross has let us know that he will begin a long awaited retirement effective 23 June 2006. We would like to offer Cliff all the best on his retirement. OPTIONS RECOMMENDATION Accept Officer Ross' Resignation • • AGENDA ITEM 3 D STAFF MEMBER Daniel Tesch, Director of Administration DATE 8 May 2006 SUBJECT Melissa Hagert VOTE REQUIRED 3/5 BACKGROUND Melissa Hagert with our Public Safety Dep.'. lment has informed us that her National Guard Unit has been deployed to Iraq. Because she will be gone longer than our normal leave of absence allows, the council needs to grant an official military leave. Melissa has requested an eighteen month military leave of absence. OPTIONS 1. Approve the Request 2. Deny the Request RECOMMENDATION Number One. • • • AGENDA ITEM 4A STAFF ORIGINATOR David J. Pecchia, Public Safety Director Chief of Police DATE May 8, 2006 TOPIC Police Week 2006 VOTES REQUIRED Simple Majority I I !BACKGROUND ! I I POLICE WEEK WAS DESIGNED TO ;RECOGNIZE THE SERVICE GIVEN BY THE MEN AND WOMEN WHO, NIGHT AND DAY, SELFLESSLY STAND GUARD IN OUR COMMUNITIES TO SAFEGUARD THE LIVES AND PROPERTY OF THEIR FELLOW AMERICANS. ON OCTOBER 1, 1962 PRESIDENT JOHN F. KENNEDY, PROCLAIMED MAY 15 OF EACH YEAR AS PEACE OFFICERS' MEMORIAL DAY AND THE CALENDAR WEEK OF EACH YEAR DURING WHICH MAY 15 OCCURS AS POLICE WEEK. STAFF IS REQUESTING THAT COUNCIL ACKNOWLEDGE AND READ THE ATTACHED PROCLAMATION IN OUR SUPPORT OF DESIGNATING MAY 14 TO MAY 20, 2006, AS POLICE WEEK, AND MAY 15TH AS PEACE OFFICER'S MEMORIAL DAY IN THE CITY OF LINO LAKES. I I !OPTIONS ! 1 I 1. MOTION TO APPROVE 2. MOTION TO DENY I I !RECOMMENDATION ! I I OPTION 1 - APPROVE SUPPORT OF POLICE WEEK • Chief Pecchia announces that National Police Week is May 14 through May 20. Please join the citizens of Lino Lakes in recognizing Police Week 2006. • • PROCLAMATION POLICE WEEK 2006 WHEREAS, the Congress of the United States of America has designated the calendar week of each year during which May 15 occurs as "National Police Week" and May 15th of each year to be "Peace Officers' Memorial Day "; and WHEREAS, the members of the Lino Lakes Police Department play an essential role in safeguarding the rights and freedoms of the City of Lino Lakes; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their Lino Lakes Police Department, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the members of the Lino Lakes Police Department play an essential role in safeguarding the rights and freedoms of the City of Lino Lakes; and NOW, THEREFORE, We, the Lino Lakes City Council, do hereby proclaim the WEEK OF MAY 14TH TO MAY 20TH to be POLICE WEEK and call upon all citizens of Lino Lakes and upon all patriotic, civic and educational organizations to observe the week of May 14 - 20, 2006, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. Julie Bartell, City Clerk John Bergeson, Mayor • AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: May 8, 2006 TOPIC: Consideration of Resolution No. 06 -75, Accepting Storm Water Utility Feasibility Study ACTION REQUIRED: Simple Majority BACKGROUND On January 9, 2006 the City Council authorized the preparation of a Storm Water Utility Feasibility Study. The intent of the study is to identify a dedicated funding source and equitable means of funding the City's storm water management program. Short, Elliott, Hendrickson Inc., (SEH) has completed a draft of the study for council review. Andy Lamberson, from SEH will be at the meeting to present the study and to answer council questions. A copy of the draft study was presented to the council at the May 1, 2005 work session. As part of the study process staff identified storm water related costs that are currently incurred or will be incurred by the City as we continue to manage our storm water management system. Also incorporated in the budget structure is funding for storm water related costs associated with street reconstruction projects identified in the Pavement Management Plan (PMP). Storm water costs related to street reconstruction account for over 50% of the proposed storm water utility budget. As such the draft study includes three (3) rate scenarios based on funding street reconstruction related storm water costs at funding levels of 100 %, 75% and 50 %. RECOMMENDATION Staff is recommending acceptance of the report. It is important to note that acceptance of the study does not establish or otherwise commit the City to establishing a Storm Water Utility. The next steps in the process would include the following: 1. Preparation of a Storm Water Utility brochure and mailing to all property owners within the City. 2. Two (2) public informational meetings 3. Public Hearing 4. Council consideration of an Ordinance establishing a Storm Water Utility. • ATTACHMENTS 1. Resolution No. 06 -02 • • City Council Storm Water Utility May 8, 2006 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -75 RESOLUTION ACCEPTING STORM WATER UTILITY FEASIBILITY STUDY WHEREAS, the City has identified the need for a dedicated funding source for storm water related projects and activities including storm water improvements related to street reconstruction; and WHEREAS, the City authorized Short, Elliott, Hendrickson, Inc., to provide services to assist the City of Lino Lakes in determining the feasibility of establishing a Storm Water Utility; and WHEREAS, Short, Elliott, Hendrickson, Inc., has prepared such feasibility study and presented it to the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 That the Storm Water Utility Feasibility Study, prepared by Short, Elliott, Hendrickson, Inc., is hereby accepted. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of May, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: May 8, 2006 TOPIC: Resolution No. 06 -72 Conditional Use Permit Amendment Rehbein Transit VOTE REQUIRED: 3/5 BACKGROUND Rehbein Transportation is proposing an 8 foot x 100 foot awning addition to the north side of the existing facilities at 6298 Hodgson Road. The Rehbein property is covered by a conditional use permit for the existing bus transit center. Building additions such as those proposed in this application require an amendment to the Conditional Use Permit. Construction of the addition was begun prior to the issuance of the appropriate building permits or this application and was stopped by the City of Lino Lakes Building Department. No further construction has taken place after the first warning was issued by a building inspector. Under the new zoning ordinance, the site plan review is done administratively. However, a Conditional Use Permit amendment is necessary, and a site plan review is part of the CUP review. Therefore the comments for the Site Plan Review will be included in this report. Because this application involves the CUP amendment, it is also appropriate to review the conditions placed on the site through the last CUP amendment in 1999. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Bus Transit Facility Commercial GB (General Business) North Single Family Dwellings Low Density Unsewered Residential R -1 (Single Family Residential) South Single Family Dwellings Low Density Sewered Residential R -1 (Single Family Residential) East Single Family Dwellings Low Density Unsewered Residential R -1 (Single Family Residential) West Manufactured Homes Low Density Unsewered Residential & Manufactured Home Park R -1 (Single Family Residential) & R -6 (Manufactured Home Park) -55- • • • Rehbein Amendment Page 2 of 5 SITE PLAN Buildings: Site plans have been submitted for the addition which will be attached to the north side of the western most building (Office and Shop building). This addition will be 53.4 feet from the north property line and therefore meets setback requirements. Lighting: The applicant has submitted a revised lighting plan and already made changes on site. Planning and Zoning Board members have informed staff that the changes have satisfied the concerns of the neighbors. Traffic: As this area will not be enclosed it is not believed that this addition would create any additional traffic to or from the site. Grading/Drainage, Utilities: As this addition is very minor in nature, no grading plans were required with the Conditional Use Permit Amendment application. The City Engineer will require that the necessary plans be submitted prior to the issuance of any building permits for the site. Landscaping: No landscaping plan was submitted with the application. PREVIOUS ACTION The City Council approved an Amendment to the Conditional Use Permit for the site July 26, 1999. The conditions for that approval are as follows: 1. Proper building permits including the entire building to be sprinkled be obtained prior to any construction and 1% escrow deposit be provided to insure completion of site improvements. 2. The proposed construction blend with the existing building exterior. 3. A lighting plan be provided for staff review and comment — all lighting shall be shielded and directed downward. 4. The trash handling area shall be screened from the street right -of -way and adjoining properties. 5. Drainage and utility plans are subject to the review and approval of the City Engineer. During the review of the current request the Fire Department has been very vocal in the fact that the previous addition, which was supposed to include a fire sprinkler system, was never completed. The fire sprinkler system was installed but never connected to the water source. As such, staff is recommending a condition of approval requiring that the fire sprinkler system be connected with this addition. To further insure that this is completed staff is recommending that a performance agreement with appropriate financial sureties be entered into between the developer and the city prior to the issuance of any building permits for this site. - 5 6 - • Rehbein Amendment Page 3 of 5 PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed this item at the April 13, 2005 meeting and recommend approval subject to 5 conditions. One of those conditions was the requirement that the lighting be corrected prior to the item being forwarded to the City Council for review. The applicant has addressed those comments to the satisfaction of staff and the Planning and Zoning Board members; therefore that condition is no longer included with staff's recommended conditions. RECOMMENDATION Staff recommends approval of Resolution 06 -72 subject to the following conditions: 1. All conditions from the Conditional Use Permit, as amended, shall continue to apply. 2. Construction must comply with the requirements of the Centennial Fire Department, including the connection of the existing buildings to municipal water for fire sprinkling. 3. A performance agreement between the city and the developer must be executed prior to the issuance of any building permits for the subject site. 4. The proposed addition is subject to double permit fees as construction was begun prior to the issuance of any building permits. 5. No outdoor storage of materials shall be allowed under the canopy. This review is based on the following plans and information: - 57 - 1. Rehbein Plan Set • • Council Member Rehbein Amendment Page 4 of 5 introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-72 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW A BUILDING ADDITION AT REHBEIN TRANSIT, 6298 HODGSON ROAD. WHEREAS, Rehbein Transit has submitted a request to the City to amend an existing conditional use permit to allow for a building addition at 6298 Hodgson Road, and WHEREAS, the legal description of the property is: That part of the southeast quarter of the northeast quarter of Section 31 Township 31 Range 22 lying west of the east 517 feet thereof and north of that part platted as Fox Trace, excluding road, and subject to easement of record. and WHEREAS, the City's review is based on the Rehbein Transit Plan Set received March 14, 2005; WHEREAS, the Planning Commission held a public hearing on the application on April 13, 2005, and recommended approval with conditions, and WHEAREAS, the City Council of the City of Lino Lakes approved the original Conditional Use Permit on May 22, 1995, and WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by Section 2 Subd. 2.B.7 and by Section 8 Subd.2.I.4 of the zoning ordinance: a. This application is consistent with the comprehensive plan, including future and present land uses. The building additions do not alter existing uses on the site. b. The application meets all performance standards. c. The project will not increase traffic generation or impacts. d. The project will not increase demands on sanitary sewer and water use. e. The project will not require capital improvements by the City. f. The project will not create detrimental impacts. g. The project will not impact natural or historic features. h. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. i. The project will not alter the site's drainage system previously approved by the City Engineer. -58- • • • Rehbein Amendment Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves an amendment of the existing conditional use permit to allow the construction of the building addition depicted on the submitted plans. BE IT FURTHER RESOLVED that the following conditions apply: 6. All conditions from the Conditional Use Permit, as amended, shall continue to apply. 7. Construction must comply with the requirements of the Centennial Fire Department, including the connection of the existing buildings to municipal water for fire sprinkling. 8. A performance agreement between the city and the developer must be executed prior to the issuance of any building permits for the subject site. 9. The proposed addition is subject to double permit fees as construction was begun prior to the issuance of any building permits. 10. No outdoor storage of materials shall be allowed under the canopy. Passed by the Lino Lakes City Council this 8th day of March 2006. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of March, 2006. 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. METAL POLE BUILDING 4\ N 3N1-1 A.1.d3d0dd BUS PARKING PROPERTY LINE 33N3d )INII-NI'VHO EMPLOYEE PARKING RECEW` ED MAR 1 4 2005 CITY OF LINO LAKE t 0 5 ?ow Z z 02 i... cog to co La I O0 m WO N Z tQ • • 15' CORREGATED STEEL. ROOF 8' WS.1,..1,••••••■•■•••••11.4■1, •■■••••....•••■••1•■• REHBEIN TRANSIT INC 6298 HODGSON RD LINO LAKES, MN 55014 651-484-1809 - 6 1 - 10' um" X 16' L1131 6 X 6 PRESSUF TREATED POE 6 X 6 POST BP 12" X 4' PIE RECEIVE • MAR 1 4 2005 NTY NEW AWNING TO REPLACE OLD ONE z co z °o Cr) w 8' REHBEIN TRANSIT INC. 6298 HODGSON RD. LINO LAKES, MN. 55014 0 0 0 0 0 0 - 62 - 9- 12" PIERS, 10' ON CENTER RECEIVE MAR 1 4 2005 CITY OF LINO LAM earcom 0 tD Cor =m DOZ itnv otnom ZO Z U) °Z 073 zOcn000= ON DILIVc1 33&O1dW3 CHAIN -LINK FENCE Q) CD CD cQ 3 O NI)4LIVd Sfle CD 41. - 2 PROPERTY LINE -63- Non alBuIWIi3 lu6ll a }euiw113 80.5' - - - - -Z co t N ! wl 1 e • 16.5' rrl I D - I 64.3' 1 e 74' 84' 3N17 Al J3dOdd •ackets for Aluminum Poles PULETOP BRACKET$ Aluminum pole top brackets are for mounting luminaires or floodlights on aluminum poles. Catalog No. of For Pole Net. Wt. Catalog No. of For Pole Net. Wt. Number Figure Stubs Top (In.) (Lbs.) Number Figure Stubs Top (In.) (Lbs.) T2A -4 2 2 4 9 T2A -6 2 2 6 12 T2B -4 1 2 4 B T2B -6 1 2 6 11 T3A -4 3 3 4 16 T3A-6 3 3 6 19 T3B -4 4 3 4 14 T3B -6 4 3 6 17 T3C -4 5 3 4 15 T3C -6 5 3 6 18 T4A -4 9 4 4 21 T4A -6 9 4 6 24 T4B -4 6 4 4 17 T4B -6 6 4 6 20 T4C -4 7 4 4 19 T4C -6 7 4 6 22 T4D -4 8 4 4 19 T4D -6 8 4 6 22 Figure 1 —T2B 2 tenons in line w /uprights Capacity per tenon: EPA 5.0; Wt. 100 lbs. Bracket EPA: 0.9 Figure 2 —T2A 2 tenons at 160 ° /no uprights Capacity per tenon: *PA 5.5; Wt. 100 lbs. racket EPA: 0.5 Figure 3 —T3A 3 tenons in line w /uprights Capacity per tenon: EPA 5.0; Wt. 100 lbs. Bracket EPA: 1.1 Figure 4—T3B 3 tenons at 120 ° /no uprights Capacity per tenon: EPA 5.5; Wt. 100 lbs. Bracket EPA: 0.6 Figure 5 -T3C 3 tenons at 120° w /uprights Capacity per tenon: EPA 5.0; Wt. 100 lbs. Bracket EPA: 1.1 4— 34'—i L;J1 ` -- 2o'� Figure 6 —T4B 4 -34' -4 4 tenons in line w /uprights L 1 1 1 15 Capacity per tenon: EPA 5.0; Wt. 100 lbs. Bracket EPA: 4.0 1111� Figure 7 —T4C 4 tenons at 90 ° /no uprights Capacity per tenon: EPA 5.5; Wt. 100 lbs. Bracket EPA: 0.9 34'— Figure 8 —T4D 15" 4 tenons at 90° w /uprights Capacity per tenon: EPA 5.0; Wt. 100 lbs. Bracket EPA: 1.5 Figure 9 —T4A 4 tenons in line w /uprights Capacity per tenon: EPA 3.7; Wt. 75 lbs. Bracket EPA: 2.0 - 6 4 - 44'1 t 15' LUMARK .qu raight and Square Tapered Steel 1 0 -- 0.D. Ordering Information $S$!$TS The following example illustrates the correct way to enter an order for SSS5A2OSFM1 XG. The ordering designation is detailed as follows. Catalog Number Logic Shaft Wall Mounting Fixture Number & Access. Dia. Thick- Height Base Mounting Location Arm (Ground Square,� traight Steel at Base ness (ft.) Type Finish Type of Arms Length Lug) 5 3 S 5 5 A 20 S F M 1 X G Base* EPA (Sq. Ft-)" Max. Fixt. Fixture Plate Bolt Bolt' Hand Net EPA (Sq. Ft.) 2ft. Above Load Incl. Catalog" Mtg. Shaft* Square Size Proj. Hole Wt. At Pole Top Pole Top Bracket Number Ht. (Ft.) Size (In.) (In.) (In.) (in.) Size (Lb.) 80 90 100 120 80 90 100 120 (Lb.) Square Straight Steel SSS4A1OSF 10 4 104 % x 25 x 3 4% 2 x 4 88 28.5 22.1 17.5 11.5 20.3 15.8 12.5 8.2 150 SSS4A15SF 15 4 1014 ;ix 25 x 3 414 2 x 4 120 17.3 13.0 9.9 6.0 10.9 82 6.2 3.7 150 ..S4A20SF 20 4 1014 '/< x 25 x 3 4:4 2 x 4 152 8.5 5.9 4.1 1.7 7.0 4.9 3.4 1.4 200 SSS4A25SF 25 4 1014 '% x 25 x 3 4334 2 x 4 184 4.7 2.7 1.2 - 4.0 2.3 1.0' - 200 SSS5A2OSF 20 5 1014 3/4x 25 x 3 4%i 3 x 5 184 15.1 11.0 8.0 4.2 12.6 9.1 6.7 3.5 200 SSS5A25SF 25 5 1014 % x 25 x 3 4i4 3 x 5 223 9.7 6.4 4.0 -- 8.3 5.5 3.4 -- 200 SSS5A3OSF 30 5 1014 3/4x 25 x 3 414 3 x 5 254 5.4 2.6 .6' - 43 2.1 .5' 300 SSS5M35SF 35 5 1014 % x 25 x 3 414 3 x 5 434 6.6 3.4 1.1' - 5.9 3.1 1.0' - 300 SSS6A25SF 25 6 1214 1 x 36 x 4 5 3 x 5 269 16.0 11.1 7.6 3.1 13.7 9.6 6.6 2.7 200 SSS6A3OSF 30 6 12'4 1 x 36 x 4 5 3 x 5 317 10.3 62 3.3 - 8.2 5.0 2.6 -- 200 SSS6M3OSF 30 6 124 1 x 36 x 4 5 3 x 5 483 202 14.1 9.7 4.0 16.1 112 7.7 3.2 300 SSS6M35SF 35 6 12'4 1 x 36 x 4 5 3 x 5 539 12.5 7.8 4.5 - 11.3 7.0 4.0 -- 300 SSS6X35SF 35 6 124 1 x 36 x 4 5 3 x 5 696 19.0 12.9 8.6 3.0 17.0 11.6 7.7 2.6 300 SSS6M39SF 39 6 124 1 x 36 x 4 5 3 x 5 597 8.6 4.3 1.4' - 7.9 4.1 1.3' - 300 SSS6X39SF 39 6 1214 1 x 36 x 4 5 3 x 5 772 14.4 8.9 5.0 -- 13.2 8.2 4.7 -- 300 Square Tapered Steel STS6A2OSF 20 5.7 x 3.5 1014 14 x 25 x 3 414 3 x 5 165 25.6 19.6 15.4 9.6 20.2 15.3 12.2 7.6 400 STS6A25SF 25 6.25 x 3.5 1214 1 x 36 x 4 5 3 x 5 232 19.9 15.1 11.6 6.9 15.9 12.1 9.3 5.4 400 STS7A3OSF 30 6.8x3.5 124 1 x36x4 5 3x5 285 19.1 14.1 10.0 4.1 13.4 9.8 7.0 2.9 400 STS7D3OSF 30 6.8x3.5 124 1x36x4 5 3x5 412 28.7 21.2 16.1 10.5 23.0 17.0 12.9 7.5 450 STS8A35SF 35 7.79 x 3.94 13'4 1' /a x 42 x 6 6 3 x 5 . 385 18.5 12.1 7.6. 1.6 14.8 9.7 6.1 1.3 450 STS8D35SF 35 7.79 x 3.94 1314 1' /a x 42 x 6 6 3 x 5 553 27.8 20.4 15.5 8.0 22.5 16.5 12.6 6.5 450 STS8A39SF 39 7.79 x 3.5 1314 1% x 42 x 6 6 3 x 5 410 13.7 8.0 3.7 - 11.1 6.5 3.0 -- 450 STSBD39SF 39 7.79 x 3.5 1314 1% x 42 x 6 6 3 x 5 589 22.2 16.4 12.1 4.3 18.2 13.4 9.9 3.5 450 1 Catalog number includes pole with 4 anchor bolts with double nuts. BEFORE INSTALLING ANCHOR BOLTS MAKE SURE PROPER Al CHOR BOLT TEMPLATE IS OBTAINED FROM COOPER LIGHTING HEADQUARTERS. 2 Tenon size or machining for rectangular arms must be specified. Handhole is located 180° from single arm. 3 Shaft size, base plate, anchor bolts and projections may vary slightly -all dimensions are nominal. 4 EPAs based on shaft properties with wind normal to flat EPA's calculated using base wind velocity as indicated plus 30% gust factor. f Not recommended. Mounting Options Fixed Tenons (add as suffix) Designation 0.0. Length Number (In.) (In.) 2 236 4 3 314 5 9 3 4 Accessories Machining for Rectangular Arms (add as suffix) Designation Letter & Number Quantity Lumark & Location' M1 Single M2 2 C 180° M3 3©90° M4 4 © 90° M5 2 Qa 90° A 'A" Tapped hub' 1 Arm mounting holes located 45° from base holes. B %" Tapped hub' c Convenience outlet' G Grounding lug (Max. wire #8 AWG) Finishes H Additional handhole and cover -12" F Dark Bronze Powder Coat W White Powder Coat below pole top - 90° from handhole G Galvanized X None P Prime Powder Coat T Black Powder Coat 1 Location is 3' above base -90° from handhole. V Gray Powder Coat 2 Outlet is located 4' above base and on same side of pole as handhole, unless specified otherwise. Receptacle not included, provision only. - 6 5 LU MARK • • PPLICATION DATA NIGHTHAWK MHNH -400 400 Watt Met. Hal. -Clear Lamp Mounting Height -20' Area -120' x 120' Tilt Angle -60° Number Luminaires -1 Lumens - 36,000 Light Loss Factor -1 Average Footcandles -1.0 NIGHTHAWK MHNH -400 400 Watt Met. Hal.-Clear Lamp Mounting Height -30' Area -120' x 120' Tilt Angle-60° Number Luminaires -1 Lumens - 36,000 Light Loss Factor -1 Average Footcandles -1.0 60' 50' 40' 30' 20' 10' ' 10' 20' 30' 40' 50' 60' 0' 10' 20' 30' 40' 50' 60' 70' 60' 90' 100' 110' 120' 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 -.3 -.6 -1.3 -3.0-7.0-12.2-7.0-3.0 - 1.3- .6 -.3 -.1 1 1 1 1 1 1 1 1 1 1 1 1 1 .2- .3- .6- 1.0- 2.1 -7.7 15.4- 7.7- 2.1- 1.0 -.6- .3- 2 I I I 1 1 1 I 1 I I 1 1 . 2-3 -. 5- .8- 1.8- 5.7- 8.2- 5.7- 1.8- .8 -.5 -.3 -.2 1 I 1 I 1 1 1 1 1 1 1 1 1 . 2-. 2-. 4-. 6- 1.4- 3.4- 4.4- 3.4- 1.4- .6- .4 -.2 -.2 1 1 1 1 I I I I 1 1 1 1 . 1- 2-. 3-. 5- 1.1- 2.0- 2.5- 2.0- 1.1- .5- .3 -.2 -.1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1-2-. 2-. 4- .8- 12 - 1.4- 12- .8- .4- .2 -2 -.1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 -.1 -.2 -.4 - .6- .8- .9- .8 -.6 -.4 -2 -.1 -.1 I 1 1 I 1 1 I I I 1 1 1 1 3--3- .2 -- .2 -- .4 - .6 - - .6 - A - 3 - .2 - .1 - .1 1 I 1 I I 1 I I 1 1 1 1 1 . 1-. 1- .1- 2- .3- .4- .4- .4- .3- 2- .1 -.1 -.1 1 1 1 I I I I I I I 1 1 1 . 1-. 1- .1- 2 - .2- .3- 3- .3- 2 - .2- .1 -.1 -.1 I 1 I I I 1 1 1 1 1 1 1 1 . 1-. 1- .1- 2 - 2 - 2- 2- 2- .2- .2- .1 -.1 -.1 1 1 1 1 1 I I 1 1 1 1 I 0-. 1-. 1- .1- .1- .2- .2- .2- .1- .1- .1 -.1 -.0 I I I I I l i l l l l 0' 10' 1 1 1 I I I I 1 1 1 1 1 1 .2 -.4 -.8 -1.6-2.6-4.5- 4.4-4.5-2.6- 1.6- .8 -.4 - .2 20' 1 I I 1 I I I 1 1 1 1 1 1 3-. 4-. 7- 1. 1- 22 - 5.6- 82- 5.6- 22 - 1.1- .7 -.4 -.3 3p, I I 1 I I I I I I I 1 1 1 2- .4 - .6 -1.0- 2.0- 5.0-6.8-5.0-2.0- 1.0- .6 - .4 - 2 40' 1 1 1 1 1 1 1 1 1 1 1 1 1 2-3-. 5-. 9- 1.9- 3.7- 4.5- 3.7- 1.9- .9- .5 -.3 -2 1 1 1 1 I 1 1 I I I 1 1 1 50' 2-3-.4-.7-1.6-2.5-2.9-25-1.6-.7-.4-.3-2- 60' 1 I 1 I 1 1 1 1 1 1 1 1 1 2-2-.4-.6-12-1.7-1.9-1.7-1.2-.6-.4-2-2 - 70' 1 1 I I I 1 1 I 1 1 1 1 1 3- 2 -.3 -.5 - .9 -1.2-1.3- 1.2- .9 - .5 - .3 -.2 -.1 I 1 1 1 1 1 1 1 I 1 1 1 1 60' . 1-2-3 - .5- .7- .8- .9- .6- .7- .5- .3 -.2 -.1 90' 1 1 1 1 1 I 1 1 1 1 1 1 1 .1 - .2- .2- .4- .5 -.6 -.6 -.6- .5 -.4 -2 -.2 -2 100' 1 1 1 1 1 1 I 1 1 1 1 1 1 60 4) 3I � 10' I 1I 20' 40' 60' .1 -.1 - .2- .3- .4- .5- .5 -.5 -.4 -.3 -.2 -.1 -.1 1 1 1 1 I I 1 1 1 1 1 1 1 110' 1-. 1-. 2- .2- .3- .3- .4- .3- .3- .2- .2 -.1 -.1 1 1 1 1 1 1 1 1 1 1 1 1 1 120' 1-•. 1-. 2- .2- .2- .3- .3- .3- .2- .2- .2 -.1 -.1 I( I l 1 1 1 1 1 1 1 -66- • 60' • • 42 BENEATH,: SURFACE, SITE LIGHTING CONTOURS LIGHT POLE 4 GALVANIZED STEEL ANCHOR BOLTS 18" PIER Council Packet — Addition to Item 6B Add after Pg 67 Memorandum To: City Council Cc: Gordon Heitke, Michael Grochala From: Paul F. Bengtson, Associate Planner Date: May 5, 2006 Re: May 8, 2006 City Council Meeting Agenda Item 6.B. - Rehbein Transit Facility Attached are the minutes from the July 14, 1999 Planning and Zoning Board meeting for the previous addition to the Rehbein Transit Facility at 6298 Hodgson Road. These minutes were requested by Council member Carlson at the May 1, 2006 work session. Planning & Zoning Board July 14, 1999 Page 11 • Ms. Wyland advised the overall park plan shows a transportation trail along Lake Drive. • • Mr. Kerber stated the only reason for the trail was to put in park benches and use the area as an informal park. A trail going north to Main Street was looked at. Access was allowed for to get to Main Street. Mr. Dunn suggested the Board make a recommendation to City staff to take the plan back to the Park Board to look at and consider a trail connection. Mr. Corson expressed concern regarding too many unattached trail segments within the City. Ms. Wyland advised she will discuss the issue with Park Board. The Park -Board did not recommend an additional trail. It was determined that the following conditions of approval would be added: 16. An additional trail will be considered and reviewed by - Par': oard. 17. The City will investigate the moving of the dirt. The MOTION carried 6 -0. This item will go before the City Council .►a on.:rt July 26, 1999, 6:30 p.m. C. PUBLIC HEARING, Re n a n, 6298 Hodgson Road, Amended Conditional Use Permit & Site.P e Rehbein Transit Inc. is re. e Amended Conditional Use Permit and la ite S Plan Review to allow the cox <.'o a 14 x 26 addition to the rear of their office /shop building. The 364 squ t addition will be used as a dispatch office. Staff noted the Fir building will requir located on the prope reviewed the site plan and indicated that an addition to the e entire building to be sprinkled and may require a hydrant to be Acting Chair Lane declared the public hearing open at 8:40 p.m. Mr. Dunn suggested the sprinkling of the building be added to the conditions of approval Mr. Corson made a MOTION to close the public hearing at 8:42 p.m., and was supported by Ms. Carlson. Motion carried 6 -0. Mr. Corson made a MOTION to approve Amended Conditional Use Permit and Site Plan Review based on the following conditions: • • • Planning & Zoning Board July 14, 1999 Page 12 1. Proper building permits including the entire building to be sprinkled be obtained prior to any construction and 1% escrow deposit be provided to insure completion of site improvements. 2. The proposed construction blend with the existing building exterior. 3. A lighting plan be provided for staff review and comment - all lighting shall be shielded and directed downward. 4. The trash handling area shall be screened from the street right -of -way and adjoining properties. 5. Drainage and utility plans are subject to the review and approval of the City Engineer. 6. Other conditions as recommended. The MOTION was supported by Mr. Schilling. Motio This item will go before the City Council Monday, D. UDOR USA, 500 Apollo Drive, Site& la n •dew Mr. Gordy Johnson, owner of UDOR re . sting a site plan review to allow a 33 x 60 addition to his existing 6,000 s ity at 500 Apollo Drive. Ms. Wyland noted staff is re , r` ° . "xg?r the applicant remove the two storage buildings that were placed on the pr .. thout a site plan review. The Fire Chief has rev' `` his construction plan and indicated that the entire building will have to be s. <.s`: d . ay require a hydrant to be located on the property. Mr. Johnson, UDO " SA, came forward and stated he is in agreement with the conditions. He aske.'`the plan be approved tonight because time is a factor. He stated the two storage buildings can be easily removed. Acting Chair Lane asked if the addition will accommodate what is being stored in the two storage buildings. Mr. Johnson stated the addition will accommodate the steel that is being stored and an additional garage will not be necessary. Mr. Dunn suggested the condition regarding sprinkling be added for approval. Acting Chair Lane noted the original plan called for screened trash. She asked how this is enforced. Ms. Wyland advised now is a good opportunity to take care of any outstanding issues. • AGENDA ITEM 6.C. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: May 8, 2006 TOPIC: Resolution 06 -73 Conditional Use Permit — Dog Kennel 7933 24th Avenue BACKGROUND Linda Ide has requested approval of a Conditional Use Permit to allow a dog kennel at 7933 24th Avenue. This application is required due to the current animal ordinance which limits the number of dogs kept on this property. The regular limit for a property is two dogs, to exceed that number it requires a Conditional Use Permit and a Dog Kennel License. The following history of this issue was documented through reports issued by the Lino Lakes Police Department: 41104pril 7, 2005 Issued a warning for unlicensed dogs and operating an unlicensed private kennel. August 24, 2005 Issued a citation for unlicensed dogs and an unlicensed private kennel. September 4, 2005 Issued a `dog at large' citation. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Single Family Residential Rural Rural Business Reserve North Single Family Residential Low Density Unsewered Residential Rural Business Reserve South Single Family Residential Rural Rural Business Reserve East 24th Avenue Right of Way N/A West Single Family Residential Rural Rural Business Reserve Proposed Use: The applicant is proposing to keep 6 adult dogs which exceeds the number allowed without the approval of a •dog kennel on site. This is quite clear in all of the various city code documents, but the process, application type, and requirements are not so clear. There are discrepancies between the City Code and the Zoning Ordinance when it comes to kennels. The table on the following page outlines those discrepancies: • Land Requirement Number of Dogs Conditional Use Permit Zoning Every Property None 2 No Not Specified Private Kennel Zoning Ordinance: None Zoning Ordinance: 3 -6 Zoning Ordinance: Not listed as a `conditional use' in any zoning district Zoning Ordinance: None Specified City Code 502: 5 acres City Code 502: Up to 4 City Code 502: Required City Code 502: None Specified City Code 607: 5 acres City Code 607: Up to 4 City Code 607: Required City Code 607: R (Rural), R -X (Rural Executive), LI (Light Industrial) and GI (General Industrial) "Commercial Kennel Zoning Ordinance: None Zoning Ordinance: No Specific Limit Zoning Ordinance: Yes Zoning Ordinance: R (Rural), R -X (Rural Executive), R -BR (Rural Business Reserve) and in association with a Veterinary Clinic in LI (Light Industrial) City Code 502: None City Code 502: No Specific Limit City Code 502: Required City Code 502: None Specified City Code 607: None City Code 607: No Specific Limit City Code 607: Required City Code 607: LI (Light Industrial) and GI (General Industrial) • II 'Due to the ambiguity of the codes, the Community Development Department advised the applicant to apply for the only Conditional Use Permit possibility shown in the zoning ordinance: Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care and similar uses provided that: a. The applicable provisions of Section 503 of the City Code relating to the keeping of animals are determined to be satisfied. Section 503 of the City Code is the basic animal portion of the city code. It does not include any specific dog sections, nor does it call out a dog under the animal unit section. Therefore its applicability is quite limited. Attached to this report is Section 502 which is the Dog section of the City Code. Section 502 includes specific standards for dog kennels that will need to be complied with on this site. A staff recommended condition is included with the report which requires compliance with both City Code sections. Also attached is Section 607 which is the Kennels section of the City Code. This seems to be rather repetitive of the `dog kennel' portion of Section 502, but does have slight discrepancies (as can be seen above). For thoroughness a condition of approval requires compliance to this section as well. Administration: 4110As listed in the Zoning Ordinance, 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. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. 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. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. With a limitation to the number of animals that can be kept on the site, staff feels that all six on the Conditional Use Permit requirements are being met on the site. Process: Pending approval of a Conditional Use Permit, the applicant has also submitted an application for a license for a 411 dog kennel. This application will require a separate review, and according to Section 502 will require a public hearing and approval by the City Council before being issued. The Police Department is going to complete an inspection of the site to determine its status in meeting the requirements for a kennel license. Once that inspection is complete it will be forwarded to the City Council for review. -70- Planning and Zoning Board: On April 12, 2006 the board held a public hearing and ultimately recommended approval of this request subject to five conditions. Since that time staff has amended condition number 3 to read six dogs as this was the intent of the applicant's request, amended condition number 1 to include Section 607 of the City Code, and added a condition (number 5 below) to eliminate the possibility of retail sales occurring on the site. RECOMMENDATION • Staff recommends approval of Resolution 06 -73 approving a dog kennel at 7933 24th Avenue, subject to the following conditions: 1. The applicant must obtain a dog kennel license from the City of Lino Lakes. 2. Ongoing compliance with Sections 502, 503, and 607 of the City Code. 3. At no time shall dogs that are not owned by the occupant of the dwelling be allowed to remain on the property overnight. 4. A maximum of six dogs over the age of six months shall be kept on the property at any one time. 5. All animals kept on the property shall be licensed in accordance with city policies. 6. At no time shall the property be used for sale of animals or merchandising directly to customers. 7. Failure to comply with any of the conditions of this conditional use permit shall constitute grounds for revocation of the license of such kennel. 8. If a license for a kennel is not obtained within one year after the date of the conditional use permit, the permit is void. 9. If the dog kennel use ceases for more than one year the conditional use permit is void. ATTACHMENTS S1. Location Map 2. Applicant's Justification Letter submitted January 11, 2006. 3. City Code Sections 503 and 607 4. Site Plan submitted on January 11, 2006. 5. Photographs submitted on January 11, 2006. - 7 1- •ouncil Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -73 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DOG KENNEL AT 7933 24TH AVENUE WHEREAS, Linda Ide has submitted a request to the City to grant a conditional use permit to allow for a dog kennel at 7933 24th Avenue, and WHEREAS, the legal description of the property is: The South 926.80 feet of the east 470 feet of the northeast quarter of the northeast quarter of section 12 township 31 range 22, excluding road and subject to easements of record. and WHEREAS, the City's review is based on the Plan Set received January 11, 2006; WHEREAS, the Planning Commission held a public hearing on the application on April 12, 2006, and recommended approval with conditions, and "'WHEREAS, the City Council of the City of Lino Lakes fords that, with the conditions odditions of approval included in this resolution, the following findings of fact apply as required by Section 2 Subd. 2.B.7 and by Section 8 Subd.2.I.4 of the zoning ordinance: a. This application is consistent with the comprehensive plan, including future and present land uses. The building additions do not alter existing uses on the site. b. The application meets all performance standards. c. The project will not increase traffic generation or impacts. d. The project will not increase demands on sanitary sewer and water use. e. The project will not require capital improvements by the City. f. The project will not create detrimental impacts. g. The project will not impact natural or historic features. h. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. i. The project will not alter the site's drainage system previously approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves an amendment of the existing conditional use permit to allow the construction of the building addition depicted on the submitted plans. BE IT FURTHER RESOLVED that the following conditions apply: 1. The applicant must obtain a dog kennel license from the City of Lino Lakes. 2. Ongoing compliance with Sections 502, 503, and 607 of the City Code. 3. At no time shall dogs that are not owned by th 7 2rcupant of the dwelling be allowed to remain on the property overnight. • 4. A maximum of six dogs over the age of six months shall be kept on the property at any one time. 5. All animals kept on the property shall be licensed in accordance with city policies. 6. At no time shall the property be used for sale of animals or merchandising directly to customers. 7. Failure to comply with any of the conditions of this conditional use permit shall constitute grounds for revocation of the license of such kennel. 8. If a license for a kennel is not obtained within one year after the date of the conditional use permit, the permit is void. 9. If the dog kennel use ceases for more than one year the conditional use permit is void. Passed by the Lino Lakes City Council this 8th day of May 2006. ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of May, 2006. 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. John J. Bergeson, Mayor • • • Location Map 7933 246 Avenue Roth Avenue T15R Main Street /1:F1r i Subject Property L m i t s 1111 Applicant's Justification Letter • • January 10th, 2006 I Linda Ide own and live on the property at 7933 24th Avenue Hugo 55038. I am applying for a conditional use permit for a kennel license. I have more dogs than the limit. These dogs are my personal pets. I do not run a business open to the public. I have lived on this property of ten acres for twenty -five years. I have a fenced in yard including gates across the driveway which are closed unless someone comes in or out of the driveway. I also have a fenced in exercise area that is connected to my house measuring 30 X 29 and 5 1/2 feet tall. It also has two swing dog doors with insulated boxes that lead into the attached porch. There are also 2 doors that open with a plastic window into the porch. It has motion flood lights that light up the entire exercise area. It also can be switched from the house to stay on or to stay off when needed. There also is a water facet in the exercise area to water the dogs and clean. The area is grass. Also there is a insulated milk house that has five separated dog boxes in the building that have openings to their own separate dog runs and also a door on each for access from inside the building. The building is 18 feet from the house and 8 feet wide 16.6 long. Each exercise run is cement floor. Each one has a locking gate with a 6 foot tall fence. There are five exercise runs measuring 12 feet long each run. Total of all 5 is 20 feet wide. The flood light from the other exercise pen lights up this area as well. I will be putting in its own separate flood light for that area within 60 days. The dogs spend most of the time in the house with me. I have six dogs that are my pets and belong to me. I sometimes with take care of my family or friends dogs temporarily in on vacation, etc. All dogs are current on vaccinations. The dogs I have and own are four Doberman pinchers and a 4 pound Chinese crest. I have built a new gate, just finishing afternoon of January 10th, 2006. The pictures of building and fences will be ready and dropped off January 1 lth, 2006. Linda Ide January 10th, 2006 651- 429 -9541 7933 24th Avenue Hugo, MN 55038 (Typed by Paul Bengtson from the original letter on February 28, 2006) • • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 03 -96 AN ORDINANCE AMENDING SECTION 502 OF THE LINO LAKES CITY CODE The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section I. Section 502, Dogs, is hereby repealed and replaced with the following:. 502.1 Definitions: As used in this Section except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Subd 1 Animal. Every living creature except members of the human race. Subd 2 Animal - Domestic. Animals normally kept within the home, but not exclusive of the home, such as fish, dogs, cats, potbelly pigs and household birds. Subd 3 Animal- Non - Domestic. Animals normally kept outside of the home for the purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. Subd 4 Animal Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan, baboon, any bison, bobcat, cheetah, crocodile, coyote, deer, including all members of the deer family such as antelope, elk, and moose, any elephant, ferret, fox, hyena, jaguar, lion, leopard, cougar, lynx, ostrich, skunk, wolf, or brush wolf, tiger, poisonous snake, or any constrictor snake, bears, badgers; any other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is normally found in the wild; or any animal which is a mixed breed of any wild animal and any other animal. Subd 5 At Large. Not under restraint as defined in this section. Page 1 -76- • • • Subd 6 Cat. Any domestic feline animal, male or female, whole or neutered, of any age. Subd 7 Dog. Any domestic canine animal, male or female, whole or neutered, of any age. Subd 8 Dangerous Dog. Any dog which meets the definition of dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Dangerous Dog. "Dangerous Dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property. (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. Subd 9 Potentially Dangerous Dog. Any dog which meets the definition of potentially dangerous dog set forth in Minnesota Statutes Section 347.50 _ or any successor statute. A Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd 10 Kennel, commercial. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred., or offered for sale or any other merchandising that is not defined as a private kennel under Subd 11. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. After issuance of a Conditional Use Permit, Commercial Kennels shall be allowed in the following zoning districts: Rural Business Reserve (RBR), Commercial, Industrial. Page 2 - 7 7 - • • Subd 11 Subd 12 Subd 13 Subd 14 Kennel, private. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept for private enjoyment and not for monetary g Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. Private Kennels shall be allowed in all zoning districts upon parcels of property five (5) acres or more in size following issuance of a. Conditional Use Permit. Owner. Any person, firm, corporation, organization, or department, possessing, harboring, keeping, having an interest in, or having temporary or permanent custody or control of an animal. Under Restraint. Controlled by a leash of not more than six (6) feet in length; under restraint by an electrical device, i.e. electric fence provided the animal is wearing a shock collar made for that specific electrical device; or within the limits of its owner's premises in any residential district; under the voice or signal command of a competent person whose command the animal will obey immediately in other zoning districts. An unattended dog on the property of another, without the consent of such property owner, is "at large" and not under restraint, even though it might be on a leash. 502.2 Enforcement Personnel: Subd 1 Enforcement. A The provisions of this Section may be enforced by any of the following: (1) The primary law enforcement agency of the community. (2) The animal control officer as designated by the City. (3) The animal control facility contracted with by the City. B For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any police officer is empowered to enter upon any premise upon which any domestic or non - domestic animal is kept and to demand the exhibition of such animal by the owner of such animal and the license and rabies certificate for such animal. Any police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in such officer's opinion, the animal's life is in danger. Page 3 -78- • • Subd 2 502.3 Exemptions: Subd 1 Subd 2 Subd 3 Interference. No person shall interfere with, hinder or molest any animal control officer or police officer in the performance of any duty, or seek to release any animal in the custody of the animal control officer or police officer. Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated. The licensing and vaccination requirements of this chapter, except as otherwise expressly stated, shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days, provided all such dogs shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. Dogs confined to a veterinarian clinic, animal hospital or licensed commercial kennel, or dogs engaged in law enforcement work for the city need not be licensed. Subd 4 Section 502.1 relating to dangerous dogs and potentially dangerous dogs shall not apply to dogs under the control of a law enforcement officer. Subd 5 Section 502.1 and 502.2 shall not apply to raptures possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. 502.4 License and Vaccination Requirements: Subd 1 License and Registration. All dogs within the City of Lino Lakes shall be licensed except the following: A Dogs less than six (6) months of age; B Dogs which are brought into the City for appearances in an animal show or trial; C Dogs being used by law enforcement officers. Page 4 - 7 9 - • • • Subd 2 Vaccination Required. It shall be unlawful for any dog owner to keep or maintain any dog older than six (6) months of age, unless it has been vaccinated within the prior twenty -four months with an anti- rabies vaccine by a licensed veterinarian. No license shall be issued except upon compliance with this Section. Subd 3 Licensing/Vaccination Procedures. A Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog which has not previously been licensed by the City, the owner of the dog shall make application for a dog license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter to the City prior to the issuance of a license or renewal of a license. B License Fee. The license fee for each dog must be submitted with the license application. The fee will be as set forth as follows: .(1) Dog male or female, not neutered or spayed $10.00 (2) Dog male or female, neutered or spayed $ 5.00 C Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a $5.00 penalty will be applied.. D Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount of $1.00. E Change of Address. An applicant who has obtained a dog license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. F Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog in the City. G Transfer of Tags. No person shall transfer a dog tag from one dog to another. Page 5 -80- • H Change of Ownership. If there is a change in ownership of the dog during the year, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 502.5 Dog Kennels: Subd 1 Requirements. A Health, Safety and Welfare. No dog kennel license, commercial or private shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. B Land Requirements. Five acres of land or more is required for private dog kennels in any zoning district. Private kennels shall be limited to four (4) dogs upon issuance of a Conditional Use Permit. C Notification. Notification of public hearing for a co_ nditional use permit to operate -a dog-kennel must be sent to all property owners within 1,000 feet of a proposed dog kennel. Subd 2 Conditions. A Sanitation. Every dog kennel shall be operated in a clean, healthful, sanitary, safe condition and humane manner so as not to create a public nuisance, and failure to do so shall constitute grounds for a revocation of the license of such kennel. B Inspection. All dog kennels are subject to annual review and inspection and shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time C Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, or other public grounds or on private property of others within the city. D Noise. No person maintaining a dog kennel shall permit the dogs kept there to bark, bay, cry, yelp, howl or causes noise, disturbance or annoyance to persons residing in the vicinity thereof, sufficient to constitute a public nuisance. Page 6 -81- • • Subd 3 Nuisance. A Any dog kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. Subd 4 Grandfather Clause. A A.11 dog kennels which are validly located within the city prior to the adoption of this ordinance may continue to exist as to size and present location, provided the dog kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. Subd 5 Dog Kennels -- License; required, fee, term; penalty. A It shall be unlawful for any person to own or operate any kennel, commercial or private, unless a licensed conditional use permit as per the city zoning ordinance is secured therefore. All kennels are subject to annual review and inspection. The annual license fee for a Commercial Kennel shall be one hundred dollars ($100.00). The annual license fee for a Private Kennel shall be twenty dollars ($20.00). In addition, all dogs kept in Private Kennels shall be licensed under the requirements of Section 502.4 of this ordinance. All kennel licenses expire on April thirtieth next following issuance of the license, except that such license may be renewed prior to June first without penalty. Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall ,.._ constitute -a- .separate offense. Application The Kennel application shall contain the following: (1) Whether the license is for commercial or private purposes. (2) The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee. The maximum number of adult dogs to be kept on the premises. The term 'Adult ", as used herein, shall include any dog over six months of age. (3) Page 7 -82- • • • (4) A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. Separate housing and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. If the dogs are to be kept primarily within a building, the applicant shall so state. Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. (6) The method to be used to keep premises in a sanitary state. (7) The method to be used to keep the animals quiet. (5) (8) An agreement by the applicant that the premises may be inspected by the City__atall reasonable times. D Issuance and Conditions. The City Clerk shall refer the application to the Council. The Council or Planning and Zoning Board shall conduct a public hearing. The issuance of a license shall be within the discretion of the Council. In making such determination, the Council shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quantity and height of the fencing; and , with particularity, any violations during the previous license period, if applicable. The Council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this Chapter. E Revocation. If a licensee fails to comply with the statements made in the application or with any reasonable conditions imposed by the Council, or violates any other provision of this Chapter, the licensee shall be notified by mail and given ten (10) days to remedy any defects or defaults. If such condition be not remedied in said ten (10) days, the Council may revoke the license. F Three or more violations of any provision of this code, in one calendar year constitutes reason for revocation of the Conditional Use Permit. G Unlawful Acts. It shall be unlawful for any licensee to do or permit any of the following: Page 8 -83- • (1) Allow any of the dogs to run at large on any street or public property or any private property not owned by the licensee or under the licensees's control. (2) Allow the premises to be kept in an unsanitary or unhealthful condition. (3) Bum offal or waste. (4) Allow the dogs to bark, yelp, or fight so as to disturb the neighborhood either night or day. (5) Allow any of the dogs to bite anyone lawfully on or off the premises. (6) Maintain any dogs in such manner as to create a nuisance by way of noise, odor, or otherwise. (7) (8) (9) Sell or cause to be sold any dog(s) without first providing the purchaser with written certification as to the origin of the animal Private kennels shall be limited to one litter in a 12 month period. All dogs shall always be treated in a humane manner as set forth in Minnesota Statute Chapter 343 and 346. H Tags. In the case of Private Kennels, licensees shall affix an identification tag to all dogs owned by or under the control of the licensee. Such identification tags shall meet the requirements set forth in this ordinance. Rabies Vaccination A licensee shall cause every dog in a kennel to be vaccinated by a licensed veterinary surgeon with anti- rabies vaccine. Puppies shall be so vaccinated at or before the age of sixteen weeks and again at the age of one year. Adult dogs shall be so vaccinated at least once in every 24 month period or as often as needed under the type of vaccine used to ensure immunity. 502.6 Regulations: Subd 1 All dogs shall be kept under restraint by their owners at all times Subd 2 The owner of any dog in heat shall cause such dog to be confined in such a manner so as not to come in contact with any other dog during such time as the dog is in heat, except for intentional breeding purposes. Page 9 -84- • Subd 3 The owner of any dog shall prevent the dog from committing in the City any act which constitutes a nuisance. Acts which constitute a nuisance include, but are not 1imiited to, the following: A To bark, bay, howl or make any other loud noise; (1) Habitually or frequently between the hours of 8:00 p.m. and 8:00 a.m.; Consistently for a period of five minutes or longer between the hours of 8:00 p.m. and 8:00 a.m.; or Consistently for a period of ten minutes or longer between the hours of 8:00 a.m. and 8 :00 p.m. To be present on school grounds. C To chase vehicles or to molest or unreasonably annoy any person while away from the property of its owner. D A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. Subd 2 Feces Disposal: The owner of any dog shall be responsible for the sanitary disposal of all feces material deposited by such dog in the following manner: (1) During the period of November 1st through April 30th, all feces material shall be removed from the owner's premises and /or stored in a sanitary manner within seventy -two (72) hours. (2) During the period of May 1st through October 31st, all feces material shall be removed from the owner's property and /or stored in a sanitary manner within forty -eight (48) hours. (3) Objectionable feces odor and /or flies detectable at the adjoining property line shall be deemed a violation of this Section. Page 10 -85- • • • The owner of any dog shall not permit such dog to be on park property, City trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the dog as well as a container for the transport of such material to an appropriate disposal receptacle. C The provisions of this Section shall not apply to the ownership or use of seeing -eye dogs by blind persons; ownership or use of companion dogs by quadriplegic, paraplegics or other individuals with severe disabilities who are unable to clean up after the companion dog; dogs when used in police activities; or tracking dogs. Subd 5 Humane Treatment of Animals: A The owner of any animal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. B No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. C Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG ". 502.7 Impounding and Confinement: Subd 1 Abandoned Animals. Upon written notice of the Chief of Police or designated agent, that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such written notice. Subd 2 Impounding and Confinement. A Any dog found running at large may be seized by an animal control officer or police officer, and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of the greater of seven (7) days or five (5) business days (the Impoundment Period), unless claimed by the owner. Page 11 - 8 6 - • • • Animal control officers are not authorized to enter private dwellings for the purpose of seizing animals C Before seizing an animal from the private property of its owner, the animal control officer or police officer shall make a reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was observed by the animal control officer or police officer to be in violation of the provisions of this chapter. D When an animal is seized from the private property of its owner and the animal control officer or police officer has been unable to notify the owner of the reason for seizing the animal, a written notice shall be affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address and the phone number of the shelter where the animal can be found. E Immediately upon impounding animals, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to owner. F Disposition of unclaimed animals: An animal which is not redeemed by the owner within the Impoundment Period may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time may be euthanized and disposed of in a humane manner by the appropriate animal shelter facility. Upon notice from the appropriate animal shelter facility that an animal is sick and /or injured, the Chief of Police or designated officer is authorized to permit euthanization at any time within the Impoundment Period in an effort to end the suffering of such animal. G Owner title of any animal may be transferred to the animal shelter facility upon expiration of the Impoundment Period and if the animal has not been claimed by the owner in the manner required by this Section. H Impoundment Fees. Any animal impounded under this Section may be reclaimed by its owner within the Impoundment Period. Before the owner shall be permitted to retake possession of the animal, the owner shall make payment to the animal shelter of all required fees and costs of such impoundment. Page 12 -87- • • 502.8 Rabies Control. Subd 1 Subd 2 Subd 3 Bites. An owner or custodian of a dog which does not have an appropriate antirabies vaccination and which bites or otherwise exposes a person to rabies virus may be penalized under Minnesota State Statute 346.53. It shall be the duty of every physician to report to the Police Department the names and addresses of any person treated for bites inflicted by an animal, together with any other information .. deemed helpful in the control of rabies. It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty -four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. The owner of any such animal shall also be required to provide to the police written proof of vaccination and pertinent insurance information when warranted or requested by the police. Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of any animal observed by the veterinarian to be suspected of having rabies. Subd 5 The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and to have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier. The City and /or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and /or its agents act in good faith to protect the public. Subd 6 Whenever an animal has bitten a person and is not destroyed pursuant to Section 502.8 subd 5 , or whenever a suspected or known rabid animal is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: A Upon proof of current rabies vaccination, the animal control officer or police officer may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be mu77led and on a leash not exceeding six (6) feet when removed from the place of confinement. Page 13 _8g_ • • B If no proof of current vaccination is provided, or if the animal control officer or police officer do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owner's expense. C An animal under confinement may not be removed from such confinement prior to the expiration of the 10 -day period without written permission of the Chief of Police or designee. D The owner of any animal confined at the owner's residence shall, at all reasonable times, permit the inspection of such animal during the confinement period upon oral request of an animal control officer or a police officer. The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer or police officer during the confinement period. E A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked.witth a secure locking device.. The animal shall not be removed - - --- -- from the enclosure unless muzzled and-6n a leasfi not exceedLnQ six (6) feet in length, and under the control of a competent person. Any animal control officer or police officer may enter upon the private property of another for the purposes of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with the provisions of this Section. 502.9 Dangerous and Potentially Dangerous Dogs. Subd 1 The Minnesota State Statute 347.50 is hereby adopted in cases of Dangerous and Potentially Dangerous Dogs. Subd 2 No person shall bring into the City any animal which has previously been declared by another jurisdiction to be dangerous or potentially dangerous. The City shall seize and destroy, at the owner's expense, any animal brought into the City in violation of this provision. 502.10 Wild Animals. Subd 1 No person shall keep, maintain, harbor or sell any wild animal within the corporate limits of the City, except as provided in this subsection: Page 14 - 8 9 - • • A The owner or proposed owner of any wild animal shall, prior to bringing the wild animal into the City, make application to the City for a wild animal permit on an application form provided by the City. Such application shall be submitted to the City Clerk, together with the following required fees and /or documentation: (1) That the applicant possesses all necessary state and federal wild animal permits, and that all such permits shall be maintained by the owner in valid form during the time,that such wild animal is possessed by the owner. Expired state and /or federal permits shall cause the City's wild animal permit to be considered null and void. (2) A written statement shall be submitted with the application by a licensed veterinarian that such wild animal has been vaccinated in an appropriate manner, consistent with accepted veterinary practices, where applicable. A copy of a valid insurance policy providing liability coverage for any harm caused by the wild animal with limits of not less than $100,000 per person and $300,000 per occurrence and naming the City as an additional insured. The certificate shall provide that it may not be canceled except upon ten days written notice to the City. The certificate and all renewals thereof shall be delivered to the City. The City Administrator may waive the insurance requirement upon a determination that the wild animal does not pose a substantial risk. (4) A written statement by the owner that such wild animal will be maintained in a locked enclosure and removed only by a competent person for purposes of sanitation. The removal of such wild animal shall be conducted while the animal is muzzled and on a chain or leash not exceeding six (6) feet in length, under sedation, or under the complete physical control of the attendant. A written statement by the owner that such enclosure shall be posted with plainly visible warning signs on all sides of the enclosure with letters of contrasting color. The sign shall measure a minimum of 6" x 12 ", and have letter of 1/2" stroke and a minimum of 2" height, with the following inscription: "DANGER - WILD ANTh'LAL ". (6) A fee as set at $35.00. (3) (5) Page 15 - 9 0 - • • Subd 2 The City may deny or attach conditions to the permit based upon the type of animal, the character of the owner's residence and neighborhood, and any other appropriate factors. If the permit is granted, the owner may bring the animal into the City, subject to any requirements of this Section and any permit conditions. The permit need not be reviewed, but shall be subject to review at any time by the City. Subd 3 The Chief of Police or designated agent is hereby authorized to immediately impound any wild animal not in compliance with this Section. The impoundment shall be in accordance with Section 502.7. 502.11 Summary Destruction. Subd 1 Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any member of the public, after maldng a reasonable attempt to impound such animal, the officer is hereby authorized to destroy such animal in the interest of public safety. 502.12 Penalty for Violations of this Chapter. Subd 1 Section 2. Any violation of this Section is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. Effective Date. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Lino Lakes this 8th day.pf July, 1996. ATTEST: L. Landers, Mayor //A Cr,-) Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Lyden, Neal, Landers. Page 16 -91- • • The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. Page 17 -92- • 607. Kennels 607.01 Definitions. Subdivision 1. Doq. For purposes of 607.01 through 607.06, "dog" shall include all dogs over the age of six (6) months. Subd. 2. Private Kennels. The keeping of three or more dogs on the same premises, whether such dogs are owned by the same person or not, shall constitute maintenance of a dog kennel. A private kennel shall be limited to a maximum of four dogs at all times. Subd. 3. Commercial Kennels. All kennels where the owner(s) boards, raises, breeds, sells or otherwise cares for a dog(s) for a consideration. 607.02 -Licenses. Subdivision 1. License Required. No person shall maintain a kennel without having obtained a kennel license. Subd. 2. Dog License. Dogs kept in a licensed kennel shall not be required to be individually licensed pursuant to this ode. 607.03 Requirements. Subdivision 1. Private Kennels. Private kennels shall be allowed only in the "S -R ", "R" and "R -X ", and heavy and light industrial districts after issuance of a conditional use permit by the city. • Subd. 2. Commercial Kennels. Commercial kennels shall be only allowed in heavy and light industrial districts after issuance of a conditional use permit by the city. Subd. 3. Health, Safety and Welfare. No kennel license shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. Subd. 4. Land Requirements. Five acres of land required for private kennels in the "S -R ", "R ", and "R -X" districts. Subd. 5. Notification. Notification of public hearing for conditional use permit to operate a kennel must be sent to all property owners within 1,000 feet of a proposed kennel. 607.04 Conditions. Subdivision 1. Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition. 119 -93- 0 Subd. 2. Inspection. Every dog kennel shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. • Subd. 3. Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the city. Subd. 4. Noise. No person maintaining a kennel shall permit the dogs kept there to make noise from any cause whatsoever, sufficient to constitute a public nuisance. 607.05 Nuisance. Subdivision 1. Any kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. 607.06 Grandfather Clause. Subdivision 1. All kennels which are validly located within the city prior to the adoption of this ordinance may. continue to exist as to size and present location, provided the kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. (Chapter 607 amended by Ordinance 13 -84, passed December 27, 1984.) oe of' /he NE 1/4 or Sailor) 12. 1111V-54'35"E 2018.54 A/ar /ncosl f crr)G 2 it he I33 13/ W. 1/4 of se , Tivp. 31 � Rat 22 . • 9 „Z2,1f,OS co 0 589'38'1.5W 470.00 v 470.00 e/ FA' 'V/ JO '`'y r S o� a� u P 10 1 5 "Y1/ 2022.5 NE /4 of/ NE- /4 or Sec /ion 12 and the NW1 /4 or /he NE 1 /4 off' Sec/ion 12. • Ira LO v �1�.► i1-A 47 00 y� r...ea 7 k rA= P D cc JAN 1 1 Zoos OF LINO LAKES - 9 5 - F • • • AGENDA ITEM 6 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 8, 2006 TOPIC: First Reading: Ordinance No. 07 -06 Amending Fee Schedule To Include Fee for AUAR ACTION: 3/5 BACKGROUND The City Council approved the final I -35E Corridor Alternative Urban Areawide Review (AUAR) in October 2005 with Resolution 05 -159. Because of the extent and nature of the information and analyses in the document, the AUAR will be very useful in the comprehensive plan update that must be completed within the next few years. In this way, the AUAR benefits property owners in the AUAR study area. The City received funds from Anoka County to assist with the costs of the AUAR. The City also received funds from the developers of the Hardwood Creek project. In order to recoup the balance of our expenditures on the AUAR, staff is recommending that a special development fee be charged for new development in the area studied by the AUAR. This is a per -acre fee at the same rate that the Hardwood Creek developer paid: $269 per acre. The fee would be charged with a new development application for development project applications that include preliminary plats, conditional use permits, site and building plans, and planned unit developments. The AUAR fee would not be charged to variances or minor subdivisions. (The creation of a new non - residential lot requires platting, so commercial development will be charged.) Once development occurs and the fee is paid, the same land will not be charged again for additional development. OPTIONS 1. Approve the first reading of Ordinance No. 07 -06 amending the fee schedule by adding a fee for costs related to the AUAR. 2. Deny the ordinance. 3. Return to staff with direction. RECOMMENDATION Option 1 • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE 07 -06 AMENDING ORDINANCE NO. 12 -05 (THE 2006 FEE SCHEDULE) BY ADDING A FEE FOR COSTS RELATED TO THE I -35E CORRIDOR ALTERNATIVE URBAN AREAWIDE REVIEW The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council approved the final 1-35E Corridor Alternative Urban Areawide Review (AUAR) on October 24, 2005 with Resolution 05 -159. 2. The northeast portion of the City of Lino includes identified growth areas, existing rural land uses, existing commercial uses, the Rice Creek Chain of Lakes Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation corridors. 3. The development within the area analyzed by the AUAR likely would have required environmental review for numerous development projects in accordance with the Minnesota Environmental Review Program. Development that is consistent with the assumptions of the AUAR and that comply with the mitigation plan are exempt from requirements to prepare an Environmental Assessment Worksheet or an Environmental Impact Statement, as stated in MN Rules 4410.3610. This is a benefit to the property owners. 4. The AUAR process gave the City the opportunity to assess the impact of potential development on the area's natural resources prior to receiving and considering individual development proposals for approval. 5. Information and analyses in the AUAR will be used in the next comprehensive plan update that will guide planning for the development of the area. Planning benefits property owners in the planning area by ensuring adequate infrastructure. 6. The City incurred costs in the preparation of the AUAR. • 7. The City Council adopted Ordinance No. 12 -05 established the 2006 fee schedule and has amended it from time to time. • • Council Packet — Item 6E Replaces Pg 99 Section 2 The fee schedule established by Ordinance No. 12 -05 as amended is hereby amended to include the following fee that shall be applied to all development applications that require a preliminary plat, conditional use permit, site and building plan, or planned unit development within the area analyzed by I -35E Corridor AUAR (see Exhibit A): PLANNING & ZONING FEE ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FEE To be charged to land development applications within I -35E Corridor AUAR area that require preliminary plats, conditional use permits, site and building plans, and planned unit developments. Once paid, the same land will not be charged again. Section 3 $269 per acre As above amended, said fee schedule shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2006. ATTEST: Julie Bartell, City Clerk John J. Bergeson, Mayor -99- Ordinance No. 07 -06, page 2 • • EXHIBIT A Ordinance No. 07 -06 map of area to which AUAR fee applies • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: Council Packet — Item 6G Add after Pg 100 AGENDA ITEM 6G Michael Grochala May 8, 2006 Consideration of Resolution No. 06 -77 Approving Joint Powers Agreement with Anoka County and Mn /DOT, 135E Interchange Preliminary Design. ACTION REQUIRED: Simple Majority BACKGROUND Anoka County in cooperation with the City of Lino Lakes and the Minnesota Department of Transportation has retained the services of SRF Consulting Group to prepare the preliminary design of the I -35E /CSAH 14 Interchange. The City and Anoka County previously received a federal appropriation in the amount of $250,000 representing 80% of the estimated engineering cost. A 20% local match is necessary to utilize the federal funding. The total estimated cost is $312,500. • The Minnesota Department of Transportation (Mn /DOT) has agreed to participate with the City and Anoka County of the project. The Joint Powers Agreement identifies the obligations of the respective governmental agencies and funding commitments. As proposed Mn /DOT, Anoka County and the City would equally contribute $20,833.33 towards the local match. The City's contribution will be funded by State Aid dollars. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County and Mn /DOT. ATTACHMENTS Resolution No. 06 -77 Joint Powers Agreement • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -77 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA, MINNESOTA DEPARTMENT OF TRANSPORTATION I -35E /COUNTY STATE AID HIGHWAY 14 INTERCHANGE PRELIMINARY DESIGN WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the County of Anoka and the Minnesota Department of Transportation (Mn /DOT) agree that it is in the best interest of the traveling public to reconstruct I -35E /County State Aid Highway No. 14 (Main Street) Interchange; and WHEREAS, the State, County and City are in need of preliminary design services for the interchange of I -35E at County State Aid Highway (CSAH) 14 from approximately 2,000 feet west of the existing interchange bridge to approximately 1,500 feet east of the existing interchange bridge; and WHEREAS, the County will act as lead agency, will provide day -to -day project management for this Agreement and will coordinate federal funding reimbursement for the overall project; and WHEREAS, the County represents that it is duly qualified and agrees to perform all services described in this Agreement to the satisfaction of State and City. WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 0. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka and the State for preliminary design services for the interchange of I -35E at County State Aid Highway (CSAH) 14 Adopted by the Lino Lakes City Council this 8th day of May, 2006. • John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of May, 2006. 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. • • • No. CFMS Contract STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONAL /TECHNICAL SERVICES State Project Number (S.P.): 0282 -25 Trunk Highway Number (T.H.): I -35E Project Identification: Preliminary Design for CSAH 14 at I -35E Interchange This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State "), Anoka County, through its Board of Commissioners, address: 1440 Bunker Lake Boulevard, Andover, MN 55304 ( "County "), and the City of Lino Lakes, through its City Council, address: 600 Town Center Parkway, Lino Lakes, MN 55014 ( "City "). Recitals 0. Under Minn. Statutes § 15.061 State is empowered to engage such assistance as deemed necessary. 0. Minnesota Statutes § 471.59 authorizes State, County and City to enter into this • Agreement. 0. State is in need of preliminary design services for the interchange of I -35E at County State Aid Highway (CSAH) 14 from approximately 2,000 feet west of the existing interchange bridge to approximately 1,500 feet east of the existing interchange bridge. 0. County will act as lead agency, will provide day -to -day project management for this Agreement and will coordinate federal funding reimbursement for the overall project. 0. State, County and City have each committed funding toward the cost of services to be provided in this Agreement. 0. County represents that it is duly qualified and agrees to perform all services described in this Agreement to the satisfaction of State and City. • Agreement 1 Term of Agreement 1.1 Effective date: The date State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2. 0.1 Expiration date: May 31, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 0.1 Survival of Terms: The following clauses survive the expiration or termination of this Agreement: 6 — Liability; 7 — State Audits; 8 — Government Data Practices; 9 — Intellectual Property; 10 — Venue. 0.1 Exhibits: Exhibits A and B are attached and incorporated into this Agreement. 2 Scope of Work and Deliverables (all activity code 1129) III2.1 Pursuant to applicable laws, County will enter into a subcontract with a Consultant (SRF Consulting Group, Inc.) to perform the following tasks: 2.1.1 Project Memorandum (Environmental Assessment) 2.1.2 Geometric Layout Preparation 2.1.3 Cost Estimates and Right of Way Needs 2.1.4 Interstate Access Modification Request 2.1.5 Project Management, Meetings and Coordination • • See Exhibit A for additional information on the Scope of Work and Deliverables. 3 Payment 3.1 Consideration. The total cost of this project is not to exceed $312,500.00. Cost sharing for the project will be split as follows: Federal funds: $250,000.00 State: $20,833.34 Anoka County: $20,833.33 City of Lino Lakes: $20,833.33 2.0.0 Compensation. State and the City of Lino Lakes will reimburse County for subcontractor costs. Payment Liquidation: County will submit invoices for payment in accordance with the following schedule: Monthly Due to funding considerations, State desires to spend its obligation of $20,833.34 in state funds during State Fiscal Year 2006, which ends June 30, 2006. County will make reasonable efforts to invoice State for up to $20,833.34 for actual work completed through June 30, 2006. 2.0.0 Total Obligation. The total obligation of State for all compensation and reimbursements to County under this Agreement will be $20,833.34. 3.2 Terms of Payment 3.2.1 Invoices. State and City will promptly pay County after County presents itemized invoices for the services actually performed and State's and City's Authorized Representatives accept the invoiced services. County will use the format set forth in Exhibit B when submitting invoices to State. Invoices will be submitted timely and according to a monthly schedule. 3.2.2 Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this Agreement may be paid until the final product of this Agreement has been reviewed by State's agency head. The balance due will be paid when State's agency head 5 determines that County has satisfactorily fulfilled all the terms of this 1111 Agreement. • 3.2.3 Federal funds. If federal funds are used County is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by County's failure to comply with federal requirements. 4 Authorized Representatives 3.0 State's Authorized Representative will be: Name: Mark Hagen Title: Senior Consultant Administrator Address: Minnesota Department of Transportation 1500 West County Road B -2 Roseville, MN 55113 Telephone: (651) 582 -1479 Fax: (651) 582 -1669 E -mail: mark.hagen @dot.state.mn.us State's Authorized Representative, or his successor, will monitor County's performance and has the authority to accept or reject the services provided under this Agreement. 3.0 State's Project Manager will be: Name: Greg Coughlin, P.E. Title: North Area Engineer Address: Minnesota Department of Transportation 1500 West County Road B -2 Roseville, MN 55113 Telephone: (651) 582 -1305 Fax: (651) 582 -1302 E -mail: greg.coughlin @dot.state.mn.us State's Project Manager, or his successor, has the responsibility to monitor County's performance and progress. State's Project Manager will sign progress reports, review billing statements, make recommendations to State's Authorized Representative for acceptance of County's goods or services and make recommendations to State's Authorized Representative for certification for payment of each invoice submitted for payment. 3.0 County's Authorized Representative will be: Name: Lyndon Robjent, P.E. Title: Assistant County Engineer Address: Anoka County Highway Department 1440 Bunker Lake Boulevard 6 • • Andover, MN 55304 -4005 Telephone: (763) 862 -4237 E -mail: lyndon.robjent @co.anoka.mn.us 1.1 City of Lino Lakes' Authorized Representative will be: Name: Michael Grochala, AICP Title: Community Development Director Address: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Telephone: (651) 982 -2427 E -mail: Michael .grochala @ci.lino - lakes.mn.us 5 Assignment, Amendments, Waiver and Contract Complete 5.1 Assignment. County and /or City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the Original Agreement, or their successors in office. 5.3 Waiver. If State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between State, County, and City. No other understanding regarding this agreement, whether written or oral, may be used to bind any of the parties. 6 Liability 1.1 County and City will indemnify, save and hold State, its agents and employees harmless from any claims or causes of action, including attorney's fees incurred by State, arising from the performance of this Agreement by County, County's agents or employees, City, or City's agents or employees. This clause will not be construed to bar any legal remedies County or City may have for State's failure to fulfill its obligations under this Agreement. 7 State Audits 1.1 Under Minn. Stat. § 16C.05, subd. 5, County's and City's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices 1.1 County, City and State must comply with the Minnesota Government Data • • • Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by County or City under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by County, City or State. If County or City receive a request to release the data referred to in this Clause, County or City must immediately notify State. State will give County or City instructions concerning the release of the data to the requesting party before the data is released. 1 Intellectual Property Rights 9.1 Intellectual Property Rights. State, County and City will jointly own all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created and paid for under this agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by County or City, their employees, agents and subcontractors, either individually or jointly with others in the performance of this Agreement. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by County or City, their employees, agents or subcontractors, in the performance of this Agreement. The Documents will be the exclusive property of State, County and City upon completion or cancellation of this Agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." County and City assign all right, title and interest it may have in the Works and the Documents to State. County and City must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents. 9.2 Obligations 1.1.1 Notification. Whenever any invention, improvement or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by County or City, including their employees and subcontractors, in the performance of this agreement, County or City will immediately give State's Authorized Representative written notice thereof, and must promptly furnish State's Authorized Representative with complete information and /or disclosure thereon. 1.1.1 Representation. County and City must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the • Works and Documents are the sole property of State, and that neither County nor City nor their employees, agents or subcontractors retain any interest in and to the Works and Documents. County and City represent and warrant that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, County and City will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at County's or City's expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. County or City will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action arises, or in County's or City's, must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 10 Venue 9.0 Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. State or the Commissioner of Administration may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to County and City. 11.2 Termination for Insufficient Funding. State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to County and City. State is not obligated to pay for any services that are provided after notice and effective date of termination. However, County will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. State must provide County notice of the lack of funding within a reasonable time of State's receiving that notice. 12 Additional Provisions None REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 9 • STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § §' 16A.15 and 16C.05. • • Signed: Date: CFMS Contract No. A- ANOKA COUNTY Anoka County certifies that the appropriate person(s) have executed the contract on behalf of Anoka County as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: 10 STATE AGENCY By: Title: (with delegated authority) Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: ATTORNEY GENERAL As to form and execution By: Date: • • • Date: CITY OF LINO LAKES City of Lino Lakes certifies that the appropriate person(s) have executed the contract on behalf of the City of Lino Lakes as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPIES OF RESOLUTIONS APPROVING THE AGREEMENT. 11 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6H Michael Grochala May 8, 2006 Consideration of Resolution No. 06 -78 Accepting Petition and Waiver Agreement for 21st Avenue Improvements ii. Consideration of Resolution No. 06 -79 Approving Joint Powers Agreement with City of Centerville for 21st Avenue Improvements ACTION REQUIRED: Simple Majority BACKGROUND The City of Centerville is proposing to construct a new backage road, south of Main Street, between 20th Avenue South (CSAH 54) and 21st Avenue. The proposed roadway project would also include the extension of 21st Avenue to a point approximately 900 feet south of its existing terminus. The intent of the proposed road project is to; 1) provide new access to commercial and industrial properties south of main street; 2) provide vehicle circulation to off set access limitations contemplated as part of the CSAH 14 reconstruction project; and 3) if built this year would serve to minimize business access disruption during the CSAH 14 project in 2007. The proposed roadway is generally consistent with the planning efforts that have taken place over the last three years including the CSAH 14 Planning Study and the City's 1- 35E Corridor AUAR. Each of the studies contemplated the need for a backage road system to complement the planned county road improvements. It is staffs understanding that the City of Centerville has advertised for bids and is planning to award the contract for the project in May. Centerville has also inform staff that they are prepared to build a 20 foot wide gravel road, within Centerville, in the event that Lino Lakes does not commit to the project. 21st Avenue straddles the corporate limits of the City of Centerville and Lino Lakes. For the project to move forward the two cities will need to enter into a Joint Powers Agreement (JPA). Centerville has already prepared the JPA based, in part, on the one previously entered into for the first leg of 21st Avenue. As proposed in the JPA, Lino Lakes would be responsible for 50% of the 21St Avenue extension costs estimated at $150,000 and acquisition of the right -of -way in Lino Lakes. The City does not have this project programmed in its draft 5 -year Financial Plan and • does not have a potential funding source other than special assessments to the benefiting property owner or a property tax levy. Staff is not recommending the use of property taxes for this project. The property affected by the improvement is currently owned by Mr. Gerald Rehbein. Staff has spoken with Mr. Rehbein regarding the project. He is supportive of the project, and staff has worked with Centerville to address his previous issues with the road alignment. Staff, following review by the City Attorney, has provided Mr. Rehbein with a Petition and Waiver agreement addressing the proposed special assessments as well as the necessary street right -of -way. Project Financing The proposed JPA calls for payment to the City of Centerville in the amount of $75,000 within 30 days of the contract award and the remaining $75,000 dollars upon contract completion. Staff is currently working to determine the best financing mechanism for the project, which may include the issuance of bonds in conjunction with other projects scheduled for this year. RECOMMENDATION • Staff is recommending acceptance of the Petition and Waiver agreement from Mr. Gerald Rehbein for the 21st Avenue Improvements Staff is recommending approval of the of the JPA with the City of Centerville. ATTACHMENTS 1. 21St Avenue Project Layout 2. Resolution No. 06 -78 3. Resolution No. 06 -79 • = 0 F 21ST AVENUE AND BACKAGE INTERSECTION IN • KE MAIN STREET (CSAH 14) _ -k r .-- w APRIL 26, 2006 E -103 Legend - - - EXISTING PROPOSE 0 75 150 300 Feet ! I 1 1 I 1 I I TKDA ENGINEERS • ARCHITECTS • PLANNER: • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -78 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT (21sT AVENUE IMPROVEMENTS) WHEREAS, the City has received a Petition and Waiver Agreement requesting the improvement of 21st Avenue South 21st Avenue by constructing street, curb & gutter and storm sewer between a point 600 feet south of Main Street and a point approximately 1400 feet south of Main Street; filed with the council on May 8, 2006, is hereby declared to be signed by 100% of the property owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Chapter 429; and WHEREAS, The Owner requests that up to $150,000 of the cost of the Improvement Project be assessed against the Subject Property, and WHEREAS, The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project, notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat., Section 429.061, and any notice of hearing or procedure specified under the City Charter; and specifically requests that the Improvement Project be constructed and special assessments levied therefore against the Subject Property without hearings; and WHEREAS, The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 That the Petition and Waiver Agreement, attached hereto as Exhibit A, is accepted. Julianne Bartell, City Clerk John J. Bergeson, Mayor • Adopted by the Lino Lakes City Council this 8th day of May, 2006. 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. • • • EXHIBIT A PETITION AND WAIVER AGREEMENT This Agreement made this day of , 2006, by and between the City of Lino Lakes, a Minnesota municipal corporation ( "City "), and Gerald L. Rehbein, ( "Owner "). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property in the City described in Exhibit A hereto (the "Subject Property "); and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property as described in Exhibit B hereto (hereinafter referred to as the "Improvement Project "); and 1111 WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy up to $150,000 of the cost of the Improvement Project against the Subject Property; and WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owners property for street right of way; and WHEREAS, the Owner wishes to donate to the City the necessary right -of -way to provide for the construction of said Improvement Project; and WHEREAS, the City of Centerville and the City have also entered into a Joint Powers Agreement, dated as of , 200_ (the "Agreement "), providing for the parties respective responsibilities regarding construction of the Improvement • Project; and • • WHEREAS, the City is willing to construct the Improvement Project in accordance with the Agreement and without certain notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project and that all necessary right of way is provided to the City, at no cost to the City; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices, hearings and right of way and is doing so solely at the behest, and for the benefit of, the Owner. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that is has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Owner requests that up to $150,000 of the cost of the Improvement Project be assessed against the Subject Property. The parties agree and understand that the principal amount to be assessed for the Improvement Project will not exceed $150,000. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project, notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat., Section 429.061, and any notice of hearing or procedure specified under the City Charter; and specifically requests that the Improvement Project be constructed and special assessments levied therefore against the Subject Property without hearings. • 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or • • • reapportionment thereof upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 or the City Charter with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is special benefit to the Subject Property; c. Assessment of the above - specified cost of the Improvement Project against the Subject Property is reasonable, fair and equitable and there are no other properties against which such cost should be assessed; and d. The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. 6. The Owner understands and agrees that the City may provide for the payment of such special assessments in installments over a period of ten (10) years bearing an interest rate of seven (7) percent. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 7. The Owner agrees to provide to the City, at no cost to the City, the right - of -way required to construct the Improvement Project as legally described in Exhibit C hereto. Said right of way shall be transferred to the City in the form of a Quit Claim Deed. 8. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 9. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Anoka County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. • • • 10. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF LINO LAKES GERALD L. REHBEIN By By By Its Mayor Its City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 200_, by John Bergeson and Julianne Bartell, the Mayor and City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public The foregoing instrument was acknowledged before me this day of , 200_, by Notary Public • • • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY • • EXHIBIT B IMPROVEMENT PROJECT • • • EXHIBIT C LEGAL DESCRIPTION OF RIGHT -OF -WAY • Council Member introduced the following resolution and moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 06 -79 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF CENTERVILLE (21ST AVENUE IMPROVEMENTS) WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the City of Centerville agree that it is in the best interest of the traveling public to construct the extension of 21st Avenue and backage road to County Road 54; and WHEREAS, said parties mutually agree that the City of Centerville shall cause the construction of 21st Avenue extension and backage road and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the City of Centerville for the construction of 21st Avenue South and authorizes execution of said agreement attached hereto as Exhibit A. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of May, 2006. 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. • EXHIBIT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING 21 ST AVENUE ROADWAY, PHASE 2 IMPROVEMENTS AND MAINTENANCE THIS AGREEMENT, made and entered into on the day and year hereinafter set forth by and between the City of Centerville and the City of Lino Lakes; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS: 1. The City of Centerville and the City of Lino Lakes desire to improve 21st Avenue by constructing street, curb & gutter and storm sewer between a point 600 feet south of Main Street and a point approximately 1400 feet south of Main Street. 2. The City of Centerville has prepared a feasibility study of the Project as defined by this agreement. • 3. A portion of the Project is to be constructed within the corporate limits of the City of Lino Lakes and a portion is to be constructed within the corporate limits of the City of Centerville. (Exhibit A). 4. Subject to the terms hereof, Centerville is assuming full responsibility for the design and construction of the Project to be built both within the corporate limits of Lino Lakes and Centerville. • 5. Lino Lakes and Centerville recognize and acknowledge that the Project will benefit both Lino Lakes and Centerville. 6. Lino Lakes and Centerville will both assess the benefited properties within their jurisdictions for all, or a portion of the relevant costs of the Project, all as is more fully set forth below. PURPOSE The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Centerville have reached regarding the design and construction, maintenance and financing of the Project both within the corporate limits of Lino Lakes and Centerville, in accordance with Minnesota Statutes, Section 471.59. AGREEMENT • NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Lino Lakes and Centerville agree as follows: • • 1. Centerville is responsible for the design and construction of both the portion of the Project located within Centerville and the portion of the Project located within Lino Lakes. Therefore, the parties agree that: a. Centerville shall design the Project, administer the construction and conduct inspections of the construction process. Lino Lakes shall have the right to inspect, review and comment upon construction of the Project. Lino Lakes shall have the right to review and approve the final plans and specifications prior to advertisement for bids. b. For purposes of performing its obligations under this Agreement, Lino Lakes hereby grants to Centerville the rights to use the streets, public ways, and easements of Lino Lakes for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this agreement; and Centerville hereby agrees, through its departmental agencies, to cooperate to the fullest extent in the protection of any excavations or barricades that may be necessary for the work performed by Centerville. c. Centerville agrees to notify and coordinate with businesses in Lino Lakes that are located along 21st Avenue as early as practical to review the construction schedule of the Project. d. Centerville and Lino Lakes will each acquire the necessary right of way to permit the construction of the street extension. 2. Lino Lakes shall contribute $150,000 as its share of the project and may collect its share as a special assessment against benefited property owners of Lino Lakes. The remaining portion of the project shall be paid by Centerville who may specially assess all or a portion of its share from benefiting property owners of Centerville. Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their cities boundaries. 3. Each city has the right to terminate this Agreement prior to award of a construction contract. 4. City of Centerville shall receive, from the City of Lino Lakes, $75,000 within 30 days of award of a construction contract and the remaining $75,000 within 30 days of completion of the pavement wear course. • 5. Before this Agreement shall become binding and effective it shall be approved by an appropriate resolution of the City Council of Centerville and of the City Council of Lino Lakes, which shall be attached hereto as Exhibits B and C, respectively. 6. The City of Lino Lakes shall maintain 21st Avenue by performing annual street sweeping, crack sealing and pothole filling. The City of Centerville shall maintain 21st Avenue by plowing snow and winter sanding /de- icing. 7. The City of Lino Lakes and the City of Centerville will sealcoat the roadway on a 5 -7 year interval by separate cost share agreement. 8. Other projects, such as reconstruction and overlays, shall be completed by separate agreement between the City of Lino Lakes and the City of Centerville. 9. The City of Centerville shall maintain the storm sewer consisting of performing periodic inspections of the conveyance system /pond and by taking any necessary corrective action, all by a separate cost share agreement. IN WITNESS WHEREOF, Centerville and Lino Lakes have caused this Agreement to be executed on behalf of the proper officers. III CITY OF CENTERVILLE CITY OF LINO LAKES • Mayor Mayor Attest: Attest: City Clerk City Clerk Dated Dated • • • SPECIAL JOINT COUNCIL MEETING DRAFT CITY OF LINO LAKES MINUTES SPECIAL JOINT ]YIE.ET'ING OF 'THE CITY COUNCIL, PARK BOARD, ENVIRONMENTAL BOARD, PLANNING & ZONING BOARD & ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APRIL 5, 2006 DATE TIME STARTED TIME ENDED COUNCIL MEMBERS PRESENT PLANNING AND ZONING PRESENT : April 5, 2006 . 6:38 p.m. . 8:35 p.m. : Council Members Carlson, Dahl, Reinert, Stoltz and Mayor Bergeson : Rafferty, Rect, Nelson, Ladem and Pogalz ENVIRONMENTAL BOARD PRESENT : Gundhofer, DeHaven, and Norman PARK BOARD PRESENT : Frederickson, Huelman, and Montain EDAC PRESENT: : Vacha, Schwartz, Helgemoe, Combs, Uschke and Milbauer Staff members present: City Administrator, Gordon Heitke; Community Development Director, Michael Grochala; City Planner, Jeff Smyser; Environmental Specialist, Marty Asleson; Public Services Director, Rick DeGardner; Economic Development Coordinator, Mary Alice Divine; and City Engineer, Jim Studenski CALL TO ORDER Mayor Bergeson thanked everyone for coming to the meeting and asked all City Board Member's to introduce themselves. He noted the purpose of the meeting is to discuss the Hardwood Creek Development. INTRODUCTIONS Community Development Director Grochala stated the City has been talking about the Hardwood Creek Development for quite some time. Staff has been working with the design team on various issues. He introduced the design team including City staff, Dahlgren, Shardlow, Uban (DSU) and TKDA. Ms. Kendra Lindahl, Landform, introduced the design team from Hardwood Creek Development, LLC. Community Development Director Grochala provided a project background, the guiding principals within the project and the existing conditions in the project area. He also reviewed the important public values that have been identified throughout the project process. —117— Formatted: Centered • • • SPECIAL JOINT COUNCIL MEETING APRIL 5, 2006 DRAFT ( Formatted: Centered • Lack of park areas within the development for all residents , in Lino Lakes { Deleted Within the development • Public services to that area, such as police, fire and schools • Quality of residential development Council Packet — Correction to Item 7A Replaces Pg 119 • Architectural details on the backs of buildings • Moisture issues with all structures • Completion. of Main Street to 1 -35E interchange a { Formatted: _ Bullets and Numbering Community Development Director Grochala recapped the above issues and again thanked everyone who attended the meeting. ADJOURN There being no further business to discuss regarding this issue, the meeting was adjourned at 8:35 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on April 24, 2006. City Clerk, Julianne Bartell John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 3