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Home My WebLink About10/09/2006 Council PacketMonday October 9, 2006 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment None ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson & Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved. y A) Consideration of Expenditures: i) October 9, 2006 (Check No. 77820 through 77904) in the amount of $255,166.26; B) Consider approval of September 25, 2006 Council Work Session Minutes C) Consider approval of September 25, 2006 City Council Meeting Minutes Pg 3 -14 Pg 15 -16 Pg 17 -21 D) Approve application for exempt permit for lawful gambling from Pg 22 Anoka County Pheasants Forever for raffle F) Consideration of Resolution No. 06 -160 approving a Special Pg 24 -26 Event & Cabaret Permit for Mansetti's Restaurant for a Halloween party with tent, music & beer garden on Sat and Sun, October 28 and 29 Action Taken: Motion by Reinert, seconded by Stoltz, to approve the Consent Agenda, Items lA through 1F (Item IE was deleted from the agenda) was adopted by a unanimous voice vote. Council Agenda None -2- REVISED 10/09/2006 ►N I) PART A. Accept Resignation of Jeffrey Frost Pg 26A Action Taken: Motion by Carlson, seconded by O'Donnell, to approve accept Mr. Frost's resignation and extend congratulations to him on his new opportunity, was adopted by a unanimous voice vote. EP.ART None None A) i.. Consider 2" a Reading of Ordinance No. 09 -06, Amending the Pg 27 -34 Zoning Ordinance to modify the allowable uses within the NB, Neighborhood Business, the LB, Limited Business and the GB, General Business zoning districts, Jeff Smyser roll call required Action Taken: Motion by O'Donnell, seconded by Carlson, to approve second reading and passage of Ordinance No. 09 -06, was adopted by a roll call vote (5 yeas, no nays). ii. Consider Resolution No. 06 -162, Approving summary publication of Ordinance No. 09 -06 Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 06 -162, was adopted by a unanimous voice vote. B) Consider 2nd Reading of Ordinance No. 10 -06, Rezone Certain Pg 35 -38 Real Property from LB, Limited Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, located at the southeast corner of Birch St. and Hodgson Rd — Jeff Smyser roll call required Action Taken: Motion by Stoltz, seconded by Reinert, to approve second reading and passage of Ordinance No. 10 -06, was adopted by a roll call vote (5 yeas, no nays).. Council Agenda -3- REVISED 10/09/2006 C) Consideration of Resolution No. 06 -158, Authorizing Distribution Pg 39 -41 of Environmental Assessment Worksheet for Public Comment, Nature's Refuge, Jeff Smyser Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -158 with two changes to the EAW document, was adopted by a unanimous voice vote. D) Consideration of Resolution No. 06 -159, Accepting Bid and Pg 42 -44 Authorizing Contract, Legacy at Woods Edge Phase 3 — Streetscaping Improvements Alternate Bid 1, Michael Grochala Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 06 -159, was adopted by a unanimous voice vote. E) Consideration of Resolution No. 06 -161, Approving Request for Payment from Municipal Turnback Account (Former Trunk Highway 49) Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -161, was adopted by a unanimous voice vote. ITNII'INISHED; BUSINl A) Consider approval of August 28, 2006 Council Work Session Pg 45 -46 Minutes (Tabled at meeting of 9/11/2006) Action Taken: Motion by Carlson, seconded by Stoltz, to approve the minutes of August 28, 2006 as presented, was adopted by a unanimous voice vote. ESS None Action Taken: Motion by Reinert, seconded by Carlson, to adjourn at 7:43 p.m., was adopted by a unanimous voice vote. Community Calendar - A Look Ahead October 9- October 23, 2006 Wednesday, Oct. 11, 2006 Tues & Wed, Oct. 10 & 12, 2006 Monday, Oct. 23, 2006 Monday, Oct. 23, 2006 Planning & Zoning Board 6:30 p.m. Community Visioning Project 6:30 p.m. Community Forums, Eagle Brook Church City Council Work Session 5:30 p.m. City Council Meeting 6:30 p.m. EXPENDITURES OCTOBER 09, 2006 • • Date: 09/21/2006 Time 09 :52:21 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5731 - 5731 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal 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 000248 DEPARTMENT OF LABOR /INDUSTRY 1 70.00 70.00 .00 .00 0003250 JOHNSON, KEVIN 1 454.76 454.76 .00 .00 000389 CUB FOODS 1 45.92 45.92 .00 .00 000537 CENTRAL PENSION FUND 1 2,457.60 2,457.60 .00 .00 000698 KEY LAND HOMES 2 2,000.00 2,000.00 .00 .00 000734 BERNING, RONALD 1 1,500.00 1,500.00 .00 .00 000740 FROGNER, GARY 1 1,000.00 1,000.00 .00 .00 000745 FINE HOMEBUILDING SERVICES 1 1,500.00 1,500.00 .00 .00 000746 KODIAK CONSTRUCTION 1 500.00 500.00 .00 .00 000749 MALVIN, JIM 1 3,500.00 3,500.00 .00 .00 000751 PIETSCH BUILDERS, INC. 1 500.00 500.00 .00 .00 917 KFC 1 183.77 183.77 .00 .00 1014 T/C BUILDERS, INC. 1 2,500.00 2,500.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 1,299.07 1,299.07 .00 .00 001981 INTEGRA HOMES, INC. 2 1,000.00 1,000.00 .00 .00 002000 INTL UNION OF OPER ENGR 1 480.00 480.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 432.00 432.00 .00 .00 003250 XCEL ENERGY 1 3.43 3.43 .00 .00 003491 PETTY CASH 1 75.90 75.90 .00 .00 004311 SWIFT CONSTRUCTION 1 500.00 500.00 .00 .00 004788 SPRINT 1 26.40 26.40 .00 .00 • Date: 09/21/2006 Time: 09:52:21 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost •24 900474 • • NORTH COUNTRY BUILDERS VAUGHAN, ED Grand Totals: 1 500.00 500.00 .00 .00 1 500.00 500.00 .00 .00 26 21,275.27 21,275.27 .00 .00* Date: 09/28/2006 Time: 13:52:23 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Options: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5743 5743 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000022 NORTHERN WATER WORKS SUPPLY, INC. 1 9.81 9.81 .00 .00 000055 2ND WIND EXCERCISE EQUIPMENT, INC. 1 1,814.23 1,814.23 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 76.68 76.68 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 77.88 77.88 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 269.04 269.04 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 118.18 118.18 .00 .00 000234 W.B. MILLER, INC. 1 7,124.33 7,124.33 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 801.02 801.02 .00 .00 000386 MCCALLUM CONSTRUCTION, INC. 1 500.00 500.00 .00 .00 000423 TWIN CITY FAB, INC. 1 119.81 119.81 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,500.83 1,500.83 .00 .00 •89 TDS METROCOM 1 1,129.68 1,129.68 .00 .00 000539 TARGET 1 315.22 315.22 .00 .00 000604 RYLANDER, VERNON 1 210.21 210.21 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 2,713.12 2,713.12 .00 .00 000677 PHILIP'S TREE CARE 1 118.22 - 118.22 .00 .00 000719 JOHNSTON FARGO CULVERT, INC. 2 609.31 609.31 .00 .00 000724 BLUE TOW SERVICE, INC. 2 313.86 313.86 .00 .00 000752 COMMERCIAL ASPHALT C0.\ 1 339.52 339.52 .00 .00 000755 ENGINEERING AMERICA, INC. 1 48,148.65 48,148.65 .00 .00 000757 NORTH AMERICAN COMPOSITES 1 13,292.56 13,292.56 .00 .00 000759 WIILLIAMS, JUSTIN 1 147.94 147.94 .00 .00 • Date: 09/28/2006 Time: 13:52:23 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 1111128 BOBBY & STEVE'S AUTOWORLD 1 682.24 682.24 .00 .00 000833 BROCK WHITE, INC. 1 63.90 63.90 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 42,728.98 42,728.98 .00 .00 000946 C. P. OFFICE PRODUCTS 1 364.94 364.94 .00 .00 000950 C. W. HOULE, INC. 1 199.35 199.35 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 107.69 107.69 .00 .00 001050 CENTENNIAL SCHOOLS 1 12.50 12.50 .00 .00 001105 PLANT & FLANGED EQUIPMENT COMPANY, INC. 1 12.14 12.14 .00 .00 001270 DALCO, INC. 1 187.46 187.46 .00 .00 001292 DEHN OIL COMPANY, INC. 2 6,115.15 6,115.15 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,588.85 4,588.85 .00 .00 001350 E. G. RUD & SONS, INC. 1 1,371.00 1,371.00 .00 .00 001395 NEXTEL COMMUNICATIONS 2 1,467.17 1,467.17 .00 .00 001480 HAWKINS INC. 1 3,198.65 3,198.65 .00 .00 001550 ASSURANT EMPOLYEE BENEFITS 1 989.13 989.13 .00 .00 001608 GENERAL OFFICE PRODUCTS COMPANY /INC 1 178.75 178.75 .00 .00 11111626 MARMON KEYSTONE 1 17,500.00 17,500.00 .00 .00 09 ROYAL OAKS REALTY 1 18,376.53 18,376.53 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 47.50 47.50 .00 .00 001940 KEEPERS, INC. 1 58.80 58.80 .00 .00 002584 METRO SALES INCORPORATED 1 711.00 711.00 .00 .00 002980 SUMMIT FIRE PROTECTION, INC. 1 14,559.18 14,559.18 .00 .00 003239 TWIN CITIES NORTH YOUTH FOOTBALL LEAGUE 1 130.00 130.00 .00 .00 003250 XCEL ENERGY 1 8,385.70 8,385.70 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 627.79 627.79 .00 .00 003490 PETTY CASH 1 165.09 165.09 .00 .00 003523 MARY KAY'S 1 65.00 65.00 .00 .00 Date: 09/28/2006 Time: 13:52:24 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 100 PRESS PUBLICATIONS, INC. 1 21.45 21.45 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 2 6,861.52 6,861.52 .00 .00 004099 SRF CONSULTING GROUP, INC. 2 11,421.81 11,421.81 .00 .00 004100 SPRINGSTED, INC. 1 1,900.00 1,900.00 .00 .00 004130 ST. PAUL PIONEER PRESS, INC. 1 208.00 208.00 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 687.00 687.00 .00 .00 004620 UNIVERSITY OF MINNESOTA 1 75.00 75.00 .00 .00 005010 FOSTER APPRAISALS, INC. 1 4,200.00 4,200.00 .00 .00 900224 NORTH COUNTRY BUILDERS 1 2,500.00 2,500.00 .00 .00 900330 BERBEE INFORMATION NETWORKS CORPORATION 1 2,313.80 2,313.80 .00 .00 900524 BURGER, LUANN 1 1,057.82 1,057.82 .00 .00 Grand Totals: 67 233,890.99 233,890.99 .00 .00* • • Date: 09/28/2006 Time: 14:16:35 Operator: JAL Sges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 5732 - 5757 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount 0 2ND WIND EXCERCISE EQU REISSUE AP #77596 * * * * * * ** 1,814.23 0 AMERICAN FAMILY LIFE A INSURANCE * * * * * * ** 269.04 77820 BERNING, RONALD REIMS BLDG ESCROW /486 AQ * * * * * * ** 1,500.00 0 BLUE TOW SERVICE, INC. '93 CHEV P -U * * * * * * ** 313.86 77821 CENTRAL PENSION FUND PAYROLL WITHHOLDING * * * * * * ** 2,457.60 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE * * * * * * ** 2,562.19 77825 FINE HOMEBUILDING SERV REIMB BLDG ESCROW /1423 S * * * * * * ** 1,500.00 77826 FROGNER, GARY REIMS BLDG ESCROW /6423 C * * * * * * ** 1,000.00 77827 INTEGRA HOMES, INC. REIME BLDG ESCROW /1355 W * * * * * * ** 1,000.00 77828 INTL UNION OF OPER ENG PAYROLL WITHHOLDING * * * * * * ** 480.00 77829 JOHNSON, KEVIN REIMBURSE MEALS /LODGING/ * * * * * * ** 454.76 0 KENNEDY AND GRAVEN, IN SCHWANS * * * * * * ** 47.50 77830 KEY LAND HOMES REIMB BLDG ESCROW /581 AR * * * * * * ** 2,000.00 77832 KODIAK CONSTRUCTION REIMS BLDG ESCROW * * * * * * ** 500.00 77833 MALVIN, JIM REIMB BLDG ESCROW /294 EL * * * * * * ** 3,500.00 0 MARMON KEYSTONE REIMB BLDG ESCROW /265 AP * * * * * * ** 17,500.00 0 MCCALLUM CONSTRUCTION, REIMB BLDG ESCROW /1497 0 * * * * * * ** 500.00 77834 MN CHILD SUPPORT PANNE PAY WITH /TERRY MECKLE -00 * * * * * * ** 246.42 77835 MN NCPERS LIFE INSURAN PAYROLL WITHHOLDING * * * * * * ** 432.00 0 NORTH AMERICAN COMPOSI REIME S T ESCROW /300 APO * * * * * * ** 13,292.56 0 NORTH COUNTRY BUILDERS REIMB BLDG ESCROW /357 OA * * * * * * ** 2,500.00 77836 NORTH COUNTRY BUILDERS REIMS BLDG ESCROW /2333 T * * * * * * ** 500.00 77838 PIETSCH BUILDERS, INC. REIMB BLDG ESCROW /6423 C * * * * * * ** 500.00 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE * * * * * * ** 10,591.08 0 RELIASTAR LIFE INSURAN LIFE INSURANCE * * * * * * ** 1,139.12 0 ROYAL OAKS REALTY REIMBURSE ESCROW /LAKE AM * * * * * * ** 18,376.53 0 SHORT - ELLIOTT- HENDRICK LEGACY /AUGUST * * * * * * ** 96.95 0 SUMMIT FIRE PROTECTION REIMB S T ESCROW /7301 AP * * * * * * ** 14,559.18 77840 SWIFT CONSTRUCTION REIMB BLDG ESCROW /6446 S * * * * * * ** 500.00 77841 T/C BUILDERS, INC. REIMB BLDG ESCROW /1583 S * * * * * * ** 2,500.00 77842 VAUGHAN, ED REIMS BLDG ESCROW /1348 W * * * * * * ** 500.00 Total for Dept ** 103,133.02* 77823 CUB FOODS BAKERY GOODS SPECIAL 45.92 Total for Dept 205 45.92* • Date: 09/28/2006 Time: 14:16:35 Operator: JAL 11111 k # Vendor Alpha Name Description Dept Amount Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills 0 BURGER, LUANN 77837 PETTY CASH DANCE CLASS /PROGRAM REC YOUTH IN 1,057.82 MILEAGE YOUTH IN 6.71 Total for Dept 207 1,064.53* 0 TWIN CITIES NORTH YOUT PROGRAM REC YOUTH SP 130.00 Total for Dept 208 130.00* 0 MARY KAY'S FLOAT COVER MAYOR /CO 65.00 0 PETTY CASH POSTAGE MAYOR /C0 41.55 O TIMESAVER OFF -SITE SEC SEPT 6 MAYOR /CO 687.00 Total for Dept 401 793.55* O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS ADMINIST 77.40 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE ADMINIST 161.03 O NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST ADMINIST 44.93 O PETTY CASH POSTAGE ADMINIST 11.00 O PREFERRED ONE COMMUNIT HEALTH INSURANCE ADMINIST 2,266.74 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 23.75 77839 SPRINT MONTHLY SERVICE /AUGUST ADMINIST 26.40 Total for Dept 402 2,611.25* 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SENIORS 4.96 O NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST SENIORS 46.00 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 4.75 0 TDS METROCOM MONTHLY SERVICE /AUGUST SENIORS 45.20 Total for Dept 406 100.91* • • 0 ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS FINANCE 51.94 O DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 112.74 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE FINANCE 770.09 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 14.97 Total for Dept 407 949.74* O ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS ECONOMIC 15.39 O DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 32.20 O PETTY CASH POSTAGE ECONOMIC 10.64 O PREFERRED ONE COMMUNIT HEALTH INSURANCE ECONOMIC 352.18 O RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC 4.75 O TARGET CAMERA ECONOMIC 179.86 Total for Dept 415 595.02* O ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS PLANNING 28.51 O DELTA DENTAL PLAN OF M DENTAL INSURANCE PLANNING 64.40 0 LANDFORM ENGINEERING C CR J /MASTER PLAN PLANNING 2,713.12 O PETTY CASH POSTAGE PLANNING 6.15 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE PLANNING 704.36 O PRESS PUBLICATIONS, IN PUBLIC HEARING PLANNING 21.45 O RELIASTAR LIFE INSURAN LIFE INSURANCE PLANNING 9.50 O SHORT - ELLIOTT- HENDRICK GIS SERVICES /AUGUST PLANNING 3,709.57 O SRF CONSULTING GROUP, COMP PLAN /AUGUST PLANNING 11,421.81 Date: 09/28/2006 Time: 14:16:35 Operator: JAL 1110 # Vendor Alpha Name Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Amount Total for Dept 416 O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE O NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST O PETTY CASH POSTAGE 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 TARGET CAMERA Total for Dept 418 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 BOBBY & STEVE'S AUTOWO CAR WASHES /NOV '05 - AUG 0 CENTENNIAL SCHOOLS DARE GRADUATION 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 GENERAL OFFICE PRODUCT CAD DATA INPUT 0 HSBC BUSINESS SOLUTION OFFICEMAX - PRINTER /CABLE/ O KEEPERS, INC. UNIFORM SUPPLIES 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE O TARGET CAMERA 0 TDS METROCOM MONTHLY SERVICE /AUGUST O UNIVERSITY OF MINNESOT REGISTRATION /BILL H 77843 XCEL ENERGY MONTHLY SERVICE /AUGUST Total for Dept 420 • COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FIRE 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE O PREFERRED ONE COMMUNIT HEALTH INSURANCE FIRE O RELIASTAR LIFE INSURAN LIFE INSURANCE FIRE Total for Dept 421 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS BUILDING O DELTA DENTAL PLAN OF M DENTAL INSURANCE BUILDING 77824 DEPARTMENT OF LABOR /IN REGISTRATION /PATRICK M BUILDING O NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST BUILDING O PREFERRED ONE COMMUNIT HEALTH INSURANCE BUILDING O RELIASTAR LIFE INSURAN LIFE INSURANCE BUILDING O RYLANDER, VERNON REIMBURSE CLOTHING ALLOW BUILDING Total for Dept 422 0 AGGREGATE INDUSTRIES, O ASSURANT EMPOLYEE BENE O BROCK WHITE, INC. 0 COMMERCIAL ASPHALT CO. O DELTA DENTAL PLAN OF M O JOHNSTON FARGO CULVERT 0 NEXTEL COMMUNICATIONS O PREFERRED ONE COMMUNIT • WINTER SAND LONG TERM DISABILITY STAPLES HOT MIX DENTAL INSURANCE CULVERT /BAND MONTHLY SERVICE /AUGUST HEALTH INSURANCE STREETS INS STREETS STREETS STREETS STREETS STREETS STREETS STREETS 18,678.87* 39.41 88.57 13.95 5.00 660.28 11.87 63.88 882.96* 387.36 682.24 12.50 595.77 178.75 627.79 58.80 890.71 13,995.34 142.50 71.48 107.30 75.00 3.43 17,828.97* 41.55 94.37 1,934.62 14.25 2,084.79* 54.31 136.88 70.00 77.11 1,914.56 19.00 210.21 2,482.07* 107.69 78.01 63.90 339.52 220.59 609.31 46.00 3,622.63 Date: 09/28/2006 Time: 14:16:35 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills fill k # Vendor Alpha Name Description Dept Amount 0 RELIASTAR LIFE INSURAN LIFE INSURANCE STREETS 0 TDS METROCOM MONTHLY SERVICE /AUGUST STREETS 0 WIILLIAMS, JUSTIN REIMBURSE CLOTHING ALLOW STREETS 0 XCEL ENERGY MONTHLY SERVICE /SEPTEMBE STREETS Total for Dept 430 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY 0 DEHN OIL COMPANY, INC. GASOHOL 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 MACQUEEN EQUIPMENT, IN GASKET /HINGE/ 77837 PETTY CASH MILEAGE 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 WINGFOOT COMMERCIAL TI LOOSE TIRE Total for Dept 431 0 0 0 0 77822 0 0 0 0 77837 0 0 0 0 • ANCHOR PAPER COMPANY, ASSURANT EMPOLYEE GENE SEABEE INFORMATION NET C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF DALCO, INC. DELTA DENTAL PLAN OF M METRO SALES INCORPORAT PETTY CASH PETTY CASH INS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET PAPER LONG TERM DISABILITY INS PHONE SERVICE OFFICE SUPPLIES MONTHLY SERVICE /AUGUST KLEENEX /TOWELS DENTAL INSURANCE COPIER MAINTENANCE POSTAGE MILEAGE PREFERRED ONE COMMUNIT HEALTH INSURANCE RELIASTAR LIFE INSURAN LIFE INSURANCE ST. PAUL PIONEER PRESS SUBSCRIPTION /52 WEEKS TDS METROCOM MONTHLY SERVICE /AUGUST Total for Dept 432 0 ASSURANT EMPOLYEE GENE 77822 CIRCLE PINES, CITY OF 0 DELTA DENTAL PLAN OF M 0 NEXTEL COMMUNICATIONS 77837 PETTY CASH 0 PHILIP'S TREE CARE O PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 TDS METROCOM 0 XCEL ENERGY • LONG TERM DISABILITY INS MONTHLY SERVICE /AUGUST DENTAL INSURANCE MONTHLY SERVICE /AUGUST MILEAGE SPRAYING HEALTH INSURANCE LIFE INSURANCE MONTHLY SERVICE /AUGUST MONTHLY SERVICE /SEPTEMBE Total for Dept 450 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS O DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST O PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI RECREATI 32.54 123.57 147.94 4,172.35 9,564.05* 13.96 6,115.15 37.03 77.88 14.48 646.83 5.46 118.18 7,028.97* 801.02 9.61 2,313.80 364.94 1,265.40 187.46 32.20 711.00 21.58 37.57 352.18 4.75 208.00 688.84 6,998.35* 75.19 33.67 144.94 197.14 17.14 118.22 891.00 28.50 50.20 150.54 1,706.54* 38.89 103.06 15.02 1,131.26 15.20 1,303.43* Date: 09/28/2006 Time: 14:16:35 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills /111 # Vendor Alpha Name Description Dept Amount 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS O DELTA DENTAL PLAN OF M DENTAL INSURANCE O NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 461 ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SOLID 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID 77831 KFC RECYCLING DAY SOLID O PETTY CASH POSTAGE SOLID 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE SOLID O RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID Total for Dept 462 • • WA WA WA WA WA WA O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FORESTRY 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE FORESTRY 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FORESTRY Total for Dept 463 10.85 11.2B 62.09 196.02 4.04 284.28* 4.69 9.66 183.77 10.52 201.96 1.43 412.03* 5.47 11.27 196.02 1.66 214.42* 0 SPRINGSTED, INC. REBATE CALCULATIONS /GEN DEBT SER 1,900.00 Total for Dept 470 1,900.00* O ABLE HOSE AND RUBBER, HOSE /CLAMP WATER O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS WATER O C. W. HOULE, INC. INSTALL WATERMAIN WATER O DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER O HAWKINS INC. CHEMICALS WATER 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /AUGUST WATER O PETTY CASH POSTAGE WATER 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE WATER O RELIASTAR LIFE INSURAN LIFE INSURANCE WATER O TDS METROCOM MONTHLY SERVICE /AUGUST WATER O XCEL ENERGY MONTHLY SERVICE /SEPTEMBE WATER Total for Dept 494 O ASSURANT EMPOLYEE BENE O DELTA DENTAL PLAN OF M O ENGINEERING AMERICA, I O NORTHERN WATER WORKS S O PETTY CASH O PLANT & FLANGED EQUIPM O PREFERRED ONE COMMUNIT O RELIASTAR LIFE INSURAN O TWIN CITY FAB, INC. O XCEL ENERGY LONG TERM DISABILITY INS DENTAL INSURANCE SUBMERSIBLE PUMP GASKET POSTAGE GASKET HEALTH INSURANCE LIFE INSURANCE CAST IRON FLANGES MONTHLY SERVICE /SEPTEMBE Total for Dept 495 SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER 76.68 25.82 199.35 101.45 3,198.65 74.22 13.22 1,327.01 11.42 114.57 3,246.02 8,388.41* 25.81 69.22 48,148.65 9.81 45.43 12.14 974.82 11.37 119.81 816.79 50,233.85* O E. G. RUD & SONS, INC. SET -UP COMPUTATIONS /OTTE OTHER 1,371.00 Date: 09/28/2006 Time: 14:16:35 Operator: JAL 1111 k # Vendor Alpha Name Description Dept Amount Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills 0 FOSTER APPRAISALS, INC APPRAISAL /8 PARCELS OTHER 4,200.00 0 SHORT - ELLIOTT - HENDRICK GIS SERVICES /AUGUST OTHER 3,055.00 0 W.B. MILLER, INC. CONTRACTOR '06 OVERLAY OTHER 7,124.33 Total for Dept 499 15,750.33* Grand Total 255,166.26* • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES SEPTEMBER 25, 2006 : September 25, 2006 . 5:32 p.m. . 6:33 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Finance Director, Al Rolek (part); Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser; Associate Planner, Paul Bengtson; and City Clerk, Julie Bartell (part) REVIEW OF REGULAR COUNCIL MEETING AGENDA Item 6A, Public Hearing, Consider lst Reading of Ordinance No. 09 -06, Amending the Zoning Ordinance to Modify the Allowable Uses Within the NB, Neighborhood Business, and the LB, Limited Business and GB, General Business Zoning Districts — The recommended zoning amendment regarding extended care facilities was removed from Ordinance No. 09 -06. No other changes were made to the regular Council agenda. POMP'S TIRE LANDSCAPING AND SCREENING UPDATE Associate Planner Bengtson stated on January 23, 2006 the City Council approved the Pomp's Tires facility at 7385 Apollo Court. As part of this approval, the developer was required to meet all screening requirements of the zoning ordinance. The building is significantly complete and after an inspection of the partially installed landscaping by City staff this past week, it became apparent that the previously approved landscape plan was going to fall short of meeting the screening requirement of 6 feet of screening materials with an opacity of 80% at time of installation. City staff met with representatives from Pomp's Tires to discuss this situation and as a result the developer submitted a revised screening plan for the property. This revised screening plan includes a cedar screening fence along the non- bermed portion of the western property line. This is augmented with landscaping materials on the outside and inside of the fence. On the berm the developer has added a hedgerow of 125 arborvitaes measuring 3.5 feet in height. This revised plan clearly meets the letter and intent of the screening requirements of the zoning ordinance. 1 • • • CITY COUNCIL WORK SESSION SEPTEMBER 25, 2006 DRAFT 1 Associate Planner Bengtson stated staff has brought these plans forward to the Council 2 due to the lengthy discussions about the landscaping for the project. The developer will 3 begin installation of the improvements upon concurrence by the Council. The developer 4 has agreed to complete all improvements within sixty days, and staff will withhold 5 development securities put forth for the performance agreement in the amount of the 6 improvements until such time that they are completed. 7 8 A resident at 195 74th Street came forward and indicated she is not happy with the revised 9 plan and would also like screening on the north side of the project. 10 11 Council directed staff to work with the developer on more intense screening and the 12 possibility of extending the fence 10 -20 feet around the north comer of the project. 13 14 The meeting was adjourned at 6:33 p.m. 15 16 These minutes were considered, corrected and approved at the regular Council meeting held on 17 October 9, 2006. 18 19 20 21 22 Julianne Bartell, City Clerk John Bergeson, Mayor 23 24 Transcribed by: 25 Kim Points 26 TimeSaver Off Site Secretarial, Inc. 27 2 COUNCIL MINUTES DRAFT SEPTEMBER 25, 2006 1 CITY OF LINO LAKES 2 MINUTES • 3 4 5 DATE : September 25, 2006 6 TIME STARTED : 6:38 p.m. 7 TIME ENDED : 7:25 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; City 13 Planner, Jeff Smyser; Finance Director, Al Rolek; and City Clerk, Julie Bartell 14 15 OPEN MIKE 16 17 Ms. Terri O'Connell, 1000 Main Street, came forward and stated she has seen several developments 18 within the City that do not have the downward focusing lighting. She inquired about the City 19 requirements regarding the lighting. 20 21 City Planner Smyser reviewed the lighting requirements within the City ordinance noting streetlights 22 are not governed by the ordinance. 23 24 The Council directed staff to work with Ms. O'Connell regarding the exact locations of the lighting to 25 gather more information and to determine if an ordinance violation has occurred. 26 27 SETTING THE AGENDA 28 29 The agenda was approved as presented. •30 31 CONSENT AGENDA 32 33 Council Member Reinert moved to approve the Consent Agenda, as presented. Council Member 34 Stoltz seconded the motion. Motion carried unanimously. 35 36 ITEM ACTION 37 38 Consideration of Expenditures: 39 40 September 25, 2006 (Check No. 77676 - 41 77819, $840,713.16) Approved 42 43 Centennial Fire District (Check No. 44 15332 — 15346, $28,958.14) Approved 45 1 • COUNCIL MINUTES SEPTEMBER 25, 2006 DRAFT . 1 September 6, 2006 Council Work Session 2 Minutes Approved 4110 3 4 September 11, 2006 City Council Meeting 5 Minutes Approved 6 7 Resolution No. 06 -157, Approving Final Pay Request, 8 2006 Street Overlay Project Approved 9 10 FINANCE DEPARTMENT REPORT, AL ROLEK 11 12 Consider Resolution No. 06 -14? Providing for the Issuance and Sale of $3,025,000 General 13 Obligation Capital Improvement Plan Bonds Series 2006E — Finance Director Rolek advised 14 Minnesota Statutes Section 475.521 authorize the issuance of CIP bonds following a required public 15 hearing on and the adoption of a capital improvement plan calling for the improvement to be financed 16 in this manner. The CIP calls for the acquisition of the City Hall and Police Department portions of 17 the Civic Center Complex from the Lino Lakes EDA to be financed through the issuance of CIP 18 Bonds. This action would refund approximately 80% of the outstanding Lease Revenue Bonds 19 1998A and would result in approximately $226,000 of present value savings. Springsted, Inc. has 20 issued their recommendation for the issuance of $3,025,000 G.O. Capital Improvement Plan Bonds 21 Series 2006E. 22 23 Consider Resolution No. 06 -148 Providing for the Issuance and Sale of $1,745,000 General 24 Obligation Water Revenue Refunding Bonds Series 2006F - — Finance Director Rolek stated by 25 refinancing the outstanding balance of the G.O. Water Revenue Bonds 1996B, it is estimated that the 26 City can achieve net present value savings of approximately $63,000 over the term of the issue. 27 Springsted, Inc. has issued their recommendation for the issuance of $1,745,000 G.O. Water Revenue 28 Refunding Bonds Series 2006F. 29 30 � Finance Director Rolek advised that if approved, the bids for these two issues would be received on . 31 October 23, 2006, with consideration for award of sale by the Council at its meeting the same day. 32 The Series 2006E issue would have a 12 -year te,iii and would be repaid through property tax levies. 33 The Series 2006F issue would be repaid over the next five years through the use of utility and trunk 34 fees. 35 36 Ms. Terri Heaton, Springsted, Inc., came forward and reviewed the history of each of the bonds 37 noting the savings and pay -off date if the sale of the bonds is approved. 38 39 Council Member O'Donnell moved to approve Resolution No. 06 -147, as presented. Council 40 Member Carlson seconded the motion. Motion carried unanimously. 41 42 Council Member Stoltz moved to approve Resolution No. 06 -148, as presented. Council Member 43 Reinert seconded the motion. Motion carried unanimously. 44 45 • 2 COUNCIL MINUTES DRAFT SEPTEMBER 25, 2006 1 2 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 41) 3 4 There was no report from the Administration Department. 5 6 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 7 8 There was no report from the Public Safety Depailtuent. 9 10 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 11 12 There was no report from the Public Services Department. 13 14 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 15 16 Public Hearing, Consider lst Reading of Ordinance No. 09 -06, Amending the Zoning Ordinance 17 to Modify the Allowable Uses within the NB, Neighborhood Business, and the LB, Limited 18 Business and GB, General Business Zoning Districts, Jeff Smyser - City Planner Smyser advised 19 the City Council directed staff to initiate a rezoning of the commercial lot on the southeast comer of 20 the intersection of Birch St. and Hodgson Rd. Consideration of development of that property raised 21 concern about the uses on that site allowed by the zoning ordinance. The Council considers some of 22 the potentially allowable uses in the Limited Business zone to be undesirable for this specific site. 23 Examination of the differences between the Limited Business and Neighborhood Business zones led 24 to recommendations to amend the ordinance to change some of the uses allowed in the three business 25 zoning districts. 26 27 City Planner Smyser provided the staff analysis as well as reviewed the staff recommended zoning 28 amendments. He noted the amendment regarding extended care facilities has been removed for 29 further review. • 30 31 Mayor Bergeson opened the public hearing at 6:55 p.m. 32 33 Mr. Peter Hiliger, Representative for Bruggeman Properties, came forward and read a letter from 34 Bruggeman Properties objecting to the proposed changes and outlining other conditional uses 35 Bruggeman Properties would like added to the ordinance. He asked that the letter be entered into the 36 official record of the meeting. 37 38 Mr. Hiliger questioned staff regarding the proposed changes and requested clarification on those 39 proposed changes. 40 41 City Planner Smyser clarified staff's recommendation regarding each of the proposed amendments. 42 43 Council Member Carlson moved to close the public hearing at 7:05 p.m. Council Member Stoltz 44 seconded the motion. Motion carried unanimously. 45 3 • -19- COUNCIL MINUTES SEPTEMBER 25, 2006 DRAFT 1 Council Member Reinert moved to approve First Reading of Ordinance No. 09 — 06, removing the 2 amendment regarding residential care facilities. Council Member O'Donnell seconded the motion. •3 4 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. 5 6 Consider 15` Reading of Ordinance No. 10 -06, Rezone Certain Real Property from LB, Limited 7 Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, Located at the 8 Southeast Corner of Birch Street and Hodgson Road, Jeff Smyser — City Planner Smyser stated 9 the subject site is located at the southeast corner of Birch St. and Hodgson Rd. During the recent 10 discussion of site development, it because apparent that the existing zoning classification of the parcel 11 (LB. Limited Business) is inconsistent with the Council's intent when it rezoned the property in 12 September 2003. Specifically, the LB zone provides for auto - orientated uses that are not allowed in 13 the NB, Neighborhood Business zone. The commercial site is abutting and accessed through the 14 Millers Crossroads residential development. The Council wants to minimize impacts on those 15 residents caused by commercial activity. The potential for impacts would increase as traffic 16 increases, and auto oriented uses would increase the potential for increased traffic. Rezoning the site 17 to NB would avoid such impacts. 18 19 City Planner Smyser advised this rezoning should be completed as soon as possible to eliminate 20 uncertainty for this site with immediate development application potential. 21 22 Mr. Peter Hiliger, Representative for Bruggeman Properties, came forward and read a letter from 23 Bruggeman Properties requesting the City deny the proposed rezoning of the property in question. He 24 asked that the letter be entered into the official record of the meeting. 25 26 Council Member Carlson moved to approve First Reading of Ordinance No. 10 -06, as presented. 27 Council. Member Reinert seconded the motion. 28 29 A roll call vote was taken: five yeas and zero nays. Motion can-ied unanimously. 30 • 31 Consideration of Resolution No. 06 -156, Amending the Foxborough Conservation Easement to 32 Allow for Development Monument Sign, Jeff Smyser — City Planner Smyser advised the Council 33 accepted a conservation easement for Foxborough when it approved the final plat with Resolution No. 34 05 -121. The easement is created and described in a document called the "Conservation Easement, 35 Covenants and Restrictions ", which was approved with the same resolution. 36 37 City Planner Smyser stated Paragraph 4.D. of that document prohibits the construction of structures in 38 the easement other than stormwater facilities. The developer has constructed a monument sign within 39 the easement and has requested that the City agree to amend the easement document. The sign does 40 not interfere with any of the ecological restoration or management activities. 41 42 Council Member O'Donnell moved to approve Resolution No. 06 -156, as presented. Council 43 Member Stoltz seconded the motion. Motion carried unanimously. 44 45 UNFINISHED BUSINESS 4 • COUNCIL MINUTES SEPTEMBER 25, 2006 DRAFT 1 There was no Unfinished Business. 2 •3 NEW BUSINESS 4 5 There was no New Business. 6 7 COMMUNITY CALENDAR SEPTEMBER 26, 2006 THROUGH OCTOBER 9, 2006: 8 9 Environmental Board Meeting, Wednesday, September 27, 2006, 6:30 p.m. 10 11 Park Board Meeting, Monday, October 2, 2006, 6:30 p.m. 12 13 City Council Work Session, Monday, October 2, 2006, 5:30 p.m. 14 15 City Council Regular Meeting, Monday, October 9, 2006, 6:30 p.m. 16 17 ADJOURN 18 19 There being no further business, Council Member O'Donnell moved to adjourn at 7:25 p.m. Council 20 Member Carlson seconded the motion. Motion carried unanimously. 21 22 These minutes were considered and approved at the regular Council Meeting, October 9, 2006. 23 24 25 26 27 Julianne Bartell, City Clerk John Bergeson, Mayor 28 29 Transcribed by: .30 Kim Points 31 TimeSaver Off Site Secretarial, Inc. 32 5 • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 9, 2006 TOPIC: Consider Approving Application for Exempt Permit for Lawful Gambling License, Anoka County Pheasants Forever VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The organization, Anoka County Pheasants Forever, has applied for an exempt permit to conduct a raffle on February 4, 2007. Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct fewer than five (5) gambling occasions per calendar year. Anoka County Pheasants Forever conducts fewer than five (5) per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statute, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exemption permit notify the city that they are applying for the exemption. A copy of the application for this event is on file in the city clerk's office, along with proof of non - profit status. The police department has conducted a background investigation on the CEO of the organization and has reported no reason to deny this permission. OPTIONS: 1. Adopt a motion approving the application for an exempt permit for Anoka County Pheasants Forever raffle on February 4, 2007. 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 -22- • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 9, 2006 TOPIC: Consider Approving Application to Conduct Excluded Bingo event at Centennial Middle School VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Centennial Middle School Parent Teacher Association (PTA) has applied for a permit to conduct an excluded bingo event on February 2, 2007 at the middle school. Non - profit organizations are allowed, under the state gambling laws, to apply for an excluded permit if they conduct fewer than four (4) bingo occasions per calendar year. Centennial Middle School PTA is eligible under these regulations. Although the City does not have authority to issue this permit, Minnesota Statutes do require that non - profit organizations applying to the State Gambling Control Board for an exemption permit notify the affected city that they are applying for the permit. A copy of the application for this event is on file in the city clerk's office, along with proof of non - profit status. The police department has conducted a background investigation on the individual PTA member who is managing this event and has reported no reason to deny this permission. OPTIONS: 1. Adopt a motion giving local approval to the application from Centennial Middle School PTA requesting permission to conduct an excluded bingo event on February 2, 2007. 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 -23- • • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: AGENDA ITEM IF Julie Bartell, City Clerk October 9, 2006 Consider Resolution No. 06 -160, Approving a Special Event Permit and Cabaret License for Mansetti's Pizza & Pasta Outside Halloween Event on October 28 and 29, 2006 Simple Majority (3/5 Vote Required) Mr. Jim Szyplinski, the owner of Mansetti's Pizza & Pasta Restaurant at 6511 Ware Road, has applied to the City for permission to conduct an outdoor Halloween party event in the parking lot in front of his restaurant. The event would be held on Saturday, October 28th (5:00 — 9:00 p.m.) and Sunday, October 29th (Noon to 5:00 p.m.). Mr. Szyplinski has submitted plans for a tent that would include tables & chairs to seat up to 200, a stage with live music and a beer garden. All food would be served inside of the restaurant. Other specifics related to the plans are: - Adequate parking areas will be designated, including use of a field behind the restaurant (with the owner's permission); - Area residents will be notified of the plans for the event and effort will be taken to minimize noise and traffic; - The restaurant will hire an off-duty police officer who will be present during any hours that beer is being sold; - Beer sales will include a system of wristbands and tickets to ensure no underage sales. The event application and plans were submitted to the police and fire department. The police department has given approval and the fire inspector is in the process of finalizing his review. Mr. Szyplinski is committed to working with the city on any issues that may arise. Therefore, staff is forwarding this request to the council for consideration with the understanding that, if approval is granted, it would be contingent upon meeting final city requirements. • • OPTIONS: 1. Approve Resolution No. 06 -160, Special Event Permit and Cabaret Permit for Mansetti's Pizza & Pasta Halloween Event on October 28th and 29th, 2006, contingent upon final fire department approval 2. Deny approval of Resolution • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 06 -160 AUTHORIZING SPECIAL EVENT PERMIT AND CABARET LICENSE FOR HALLOWEEN EVENT AT MANSETTI'S PIZZA & PASTA ON OCTOBER 28 AND 29, 2006 WHEREAS, Jim Szyplinski, owner of Mansetti's Pizza & Pasta at 6511 Ware Road, has submitted an application for a special event permit and a cabaret license for a Halloween event to be held on October 28 and 29, 2006, and WHEREAS, the applicant has submitted a complete application and has included specific plans to meet the requirements for holding such an event; and WHEREAS, the plans for the event are under the review of the fire inspector and have received the approval of the police department; WHEREAS, the applicant is committed to continuing to work with staff to address any additional concerns which may arise; WHEREAS, proof of general liability and liquor liability insurance have been submitted by the applicant; Now, Therefore, Be It Resolved by The City Council of The City of Lino Lakes: That the City Council authorizes the proper city staff to grant a Special Event Permit and a Cabaret License to Mansetti's Pizza & Pasta for a Halloween event on October 28 and 29, 2006 contingent upon approval of public safety staff. Approved by the City Council of the City of Lino Lakes this 9TH day of October, 2006. ATTEST: Julianne Bartell, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 3 A STAFF MEMBER Daniel Tesch, Director of Administration DATE 9 October 2, 2006 SUBJECT Resignation VOTE REQUIRED 3/5 BACKGROUND Mr. Jeff Frost has notified me of his intent to take a position with another municipality. We will begin the process to replace him as soon as possible. We wish Jeff all the best. OPTIONS 1. Accept Mr.Frost's Resignation RECOMMENDATION Number One. AGENDA ITEM '. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 9, 2006 TOPIC: Second Reading of Ordinance No. 09 -06, Zoning Amendment to Amend Zoning Ordinance Text Regarding Uses in NB, LB, and GB Zones ACTION: 3/5 vote BACKGROUND The City Council approved the first reading of this ordinance on September 25. Examination of the differences between the Limited Business and Neighborhood Business zones led to recommendations to change some of the uses allowed in all three business zoning districts. The zoning amendments include the following: • Add sales of wine and beer to the permitted uses in the NB zone. 4),• Amend the existing conditions for outdoor dining facilities as a conditional use in the LB and GB zones. Add outdoor dining facilities as a conditional use in the NB zone, with conditions. • Amend conditions for specialty schools in the LB zone to eliminate limiting to private schools. • Add specialty schools as a conditional use in NB zone, with conditions. • Delete small engine repair as a conditional use in the NB zone. OPTIONS 1. Approve Ordinance No. 09 -06 amending the zoning ordinance text. 2. Deny the zoning amendments. 3. Return to staff with direction RECOMMENDATION Option 1 • • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 09 -06 APPROVING AMENDMENTS TO THE ZONING ORDINANCE REGARDING USES IN THE NB NEIGHBORHOOD BUSINESS, LB LIMITED BUSINESS, AND GB GENERAL BUSINESS ZONING DISTRICTS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The Lino Lakes Zoning Ordinance has three commercial zoning districts (zones): NB Neighborhood Business, LB Limited Business, and GB General Business. Each zone has permitted uses, accessory uses, and conditional uses. 3. It is appropriate to re- examine uses allowed in the various zoning districts and amend them when deemed appropriate and in the public interest. 4. The zoning amendments included in this Ordinance No. 09 -06 have been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 5. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 6. All development must confoini with performance standards contained in the Zoning Ordinance and other requirements. 7. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 8. Traffic generation by the proposed uses will be required to be within capabilities of streets. • • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 1. Adult use — accessory. 2. Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. 3. Office business — clinic. 4. Office business — general. 5. Personal services (subject to any licensing requirements of City Code, County or State). 6. Restaurant without drive - through service facilities or outdoor dining. 7. Retail business without drive - through service facilities. 8. Service business — on -site without drive - through service facilities. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. - 29 - Ordinance No. 09 -06, page 2 • • 1 Commercial day care facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. Adequate off - street parking is provided in a location separated from any outdoor play area(s). 2. Planned unit development — commercial including shopping centers as regulated by Section 2, Subd. 10 of this Ordinance. 3. Small engine repair provided that: of this Ordinance. b. At the boundaries of a residential district, a strip of not lei& compliance with Section 3, Subd 1.Q of this Ordinance. c. Vehicular acce 's points shall create a minimum of conflict approval of the City Engineer. d. Provisions are made to control and reduce noise. c. No outside storage, service or sales except as allowed in compliance with Section 3, Subd. 4.1° and Scction 7, Subd. 1.G.5 of this Ordinance. 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area. - 30 - Ordinance No. 09 -06, page 3 • • c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. e. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. Subd. 2. LB, Limited Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the • following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. - 3 1 - Ordinance No. 09 -06, page 4 • • • 6. Private Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 8. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area waiting ccrvico. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining arca is screened from view from adjacent residentiai ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. - 32 - Ordinance No. 09 -06, page 5 • • • Subd. 3. GB, General Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 12. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining area is screened from view from adjacent residential ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. - 33 - Ordinance No. 09 -06, page 6 • • • Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of 2006. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this — day of , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. - 34 - Ordinance No. 09 -06, page 7 • Item 6Aii Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -162 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 09-06 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 09 -06, amending the Lino Lakes Zoning Ordinance regarding uses in the business zoning districts, on October 9, 2006; and WHEREAS, Ordinance No. 09 -06 is lengthy and MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full IIIprinted copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 9th day of October, 2006. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: IIWhereupon said resolution was declared duly passed and adopted. • ATTACHMENT A, Resolution 06 -162 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 09-06 APPROVING AMENDMENTS TO THE ZONING ORDINANCE REGARDING USES IN THE NB NEIGHBORHOOD BUSINESS, LB LIMITED BUSINESS, AND GB GENERAL BUSINESS ZONING DISTRICTS SECTION 7 BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business Districts F. Permitted Uses Add sales of wine and beer to the permitted uses in the NB zone. H. Conditional Uses Delete small engine repair as a conditional use in the NB zone. Add outdoor dining facilities as a conditional use in the NB zone. Add specialty schools as a conditional use in NB zone. Subd. 2. LB, Limited Business Districts H. Conditional Uses Amend existing conditions for specialty schools in the LB zone to eliminate limiting to private schools. Amend existing conditions for outdoor dining facilities in the LB zone. Subd. 3. GB, General Business Districts H. Conditional Uses Amend existing conditions for outdoor dining facilities in the GB zone. Passed by the Lino Lakes City Council on October 9, 2006. • This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: Jeff Smyser October 9, 2006 Second Reading, Ordinance No.10 -06, Rezone Lot 16, Block 1, Millers Crossroads (Southeast Corner of Birch/Hodgson) From LB Limited Business to NB Neighborhood Business ACTION: 3/5 vote BACKGROUND The City Council approved the first reading of this ordinance on September 25. The subject site is located at the southeast corner of Birch St. and Hodgson Rd. The rezoning changes the site from LB Limited Business to NB, Neighborhood Business. OPTIONS 1. Approve second reading of Ordinance No. 10 -06 rezoning the Millers Crossroads commercial site from LB Limited Business to NB Neighborhood Business. 2. Deny the rezoning. 3. Return to staff with direction RECOMMENDATION Option 1 • • Existing Zoning Map (Detail of Birch /Hodgson Area) proposed rezoning from LB to NB • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 10 -06 APPROVING REZONING OF PROPERTY AT THE SOUTHEAST CORNER OF BIRCH STREET AND HODGSON ROAD FROM LB LIMITED BUSINESS TO NB NEIGHBORHOOD BUSINESS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding rezoning the property described below, based on the factors listed in Section 2 of the Lino Lakes zoning ordinance: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The LB Limited Business is not the appropriate zoning for the commercial site at the southeast comer of Birch St. and Hodgson Rd. because of several auto - oriented uses allowed in a LB zone and their potential negative impacts on the surrounding residential neighborhood. Such auto - oriented uses are not allowed in a NB Neighborhood Business zone. 3. The City Council adopted Ordinance No. 09 -06 amending uses in the three business zones. 4. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. a. The comprehensive plan guides the site for Commercial land use. Neighborhood Business is one of the zoning districts intended for areas so designated. b. The site is within the existing Metropolitan Urban Service Area. 5. The uses allowed in the Neighborhood Business zone are more compatible with present and future land uses of the area than uses in the Limited Business zone. 6. All use of the site will be required to conform with applicable performance standards. 7. Proposed uses will be required to be accommodated with existing public services and not overburden the City's service capacity. Municipal water and sanitary sewer are available to the site and sufficient capacity exists. 8. Traffic generation by proposed uses will be required to be within capabilities of streets serving the property. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from LB Limited Business to NB Neighborhood Business the following property: Lot 16, Block 1, Millers Crossroads according to the plat of record thereof, Anoka County, Minnesota Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. • Adopted by the Lino Lakes City Council this day of 2006. • John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 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. - 3 8 - Ordinance No. 10 -06, page 2 • • • LL) cn V cc S sit ,v( ja Gr c 1cx k- 0 t (2-1 o fin t STAFF ORIGINATOR: C. C. MEETING DATE: Jeff Smyser October 9, 2006 TOPIC: Resolution 06 -158 Approving Distribution for Public Comment the Environmental Assessment Worksheet for Nature's Refuge ACTION: 3/5 vote BACKGROUND Nature's Refuge is a conservation development project that was the topic of a May 31 presentation to a joint meeting of the City Council and all the advisory boards. The site lies north of Main Street, generally between Lake Drive and Wood Duck Trail. The project would have a restoration and management plan for the conservation area. We do not yet have a project application. We do have an Environmental Assessment Worksheet (EAW). Information gathered through the EAW process will inform the design of the project before the submittal of a formal development application. The EAW draft was discussed by the Environmental Board at its October 4 meeting. The Environmental Board's revisions to the document will be brought to the City Council at the October 9 meeting. Resolution 06 -158 approves distribution of the document for public comment. A notice will be published in the EQB Monitor, distributed by the MN Environmental Quality Board (EQB). The public comment period begins the day that the notice appears and lasts 30 days. Copies of the EAW will be distributed to state, federal, and other agencies that are on a list maintained by the EQB, and will be available to the general public. After receiving comments, we will examine the EAW document and comments to determine if we need additional information and/or if we should revise the document. Then, the City Council will determine if potential impacts of the project are significant enough to require the preparation of an Environmental Impact Statement. If not, the Council will adopt a finding of no significant impact and the environmental review process ends. The developer then will begin to prepare the final design of the project and the application information. A decision to distribute the EAW for public comment, it is not an approval of the development project. We are following the environmental review process as required by state statute and the rules of the EQB. • • • OPTIONS 1. Approve Resolution 06 -158 approving the distribution of the EAW for public comment. 2. Return to staff with direction. RECOMMENDATION Option 1 • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-158 RESOLUTION APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR NATURE'S REFUGE WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, Oakwood Land Development is proposing a development called Nature's Refuge that would require an EAW based its proposed number of dwelling units; and WHEREAS, the City has initiated an environmental review to determine if a project has the potential for significant environmental effects, as required by 4410.1000, Subpart 2; and WHEREAS, the project proposer has submitted data for an EAW and the City has reviewed the submitted data and determined to the best of the City's knowledge that the EAW is complete and accurate; NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council approves the distribution of the Nature's Refuge EAW for public comment as required by MN Rules 4410.1500. Adopted by the Lino Lakes City Council this day of , 2006. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 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: 411 Whereupon said resolution was declared duly passed and adopted. Plct-AA (till Cam-= Legend: 500 Project Location and Property Boundaries Delineated Wetland Locations With Wetland ID Number Kjolhaug Env. Services Co, Inc. 0 500 Feet State Listed Plant Species Locations Blanding's Turtle Documented Location (2005 Field Survey GPS Data - CCES, Inc.) ` MN DNR Natural Heritage Database p Fimbristylis autumnalis (Special Concern) T32N R22W SE Section 5 (1992) • Polygala cruciata (Endangered) p Rotala ramosior (Threatened) p Scirpus clintonii (Special Concern) o Viola lanceolata (Threatened) Blanding's Turtle Observation Location Report from Local Resident Raymond Statum (1990) Revised October 8, 2006 Critical Connections Ecological Services, Inc. 14 758 Oaten/ 1/4 l N. 0: 651.431.4410 114rine MI Lint Crnte f: 651.433.4538 Nln,,esota. 55047 t: Infe,9cceshlc.com Delineated Wetlands and Rare Plant and Animal Species Locations Nature's Refuge Conservation Development Lino Lakes, Anoka County, Minnesota Environmental Assessment Worksheet Figure 3 Legend Nature's Refuge Project Area - MUSA Lakes Growth Staging p Growth Area 1 - 1998 -2010 El Growth Area 2 - 2010 -2020 Proposed Land Use Commercial MR High Density Residential Industrial Low Density, Sewered Residential Low Density, Unsewered Residential Medium Density Residential Manufactured Home Park Mixed Use Private Airfield Performance Land Use Area Public /Semi - Public Rural Land Use 2002 Comprehensive Plan Proposed Land Use Map Figure 5 0 Photo Sou 2005 Markh Ir".P .r.•• rt— _ Tn ' 9i Proposed Site Ir. A F 1r r It • �. s! + • t "41 i∎ `y. d R. Y r '' m £ ?Fs, S rF ^4 riur • • Legend: Site Boundary Lino Lakes Parcel Data (Anoka County 2006) Sections 500 0 500 1000 Feet October 8, 2006 Critical Connections Ecological Services, Inc. 14758 Ostleed Veil N. N.Nne on faint Of ilk [Minnesota, 5;1147 Nt 65,1.433.4410 tei ^57,433..1528 i ro@ttesinc,coo+ Site Location and Adjacent Parcels Nature's Refuge Conservation Development Lino Lakes, Anoka County, Minnesota Environmental Assessment Worksheet Figure 6 CAUTION BLANDING'S TURTLES MAY BE ENCOUNTERED IN THIS AREA The unique and rare Blanding's turtle has been found in this area. Blanding's turtles are a State Threatened species and are protected under Minnesota Statute 84.095, Protection of Threatened and Endangered Species. Please be careful of turtles on roads and in construction sites. For additional information on turtles, or to report a Blanding's turtle sighting, contact the DNR Nongame Specialist nearest you: Bemidji (218- 755 - 2976); Brainerd (218- 828 - 2228); New Ulm (507- 359 - 6033); Rochester (507- 280 - 5070); or St. Paul (651- 259 - 5110). DESCRIPTION: The Blanding's turtle is a medium to large turtle (5 to 10 inches) with a black or dark blue, dome - shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third, enabling the turtle to pull the front edge of the lower shell firmly against the top shell to provide additional protection when threatened. The head, legs, and tail are dark brown or blue -gray with small dots of light brown or yellow. A distinctive field mark is the bright yellow chin and neck. Illustration by Don Luce, from Turtles in Minnesota, Natural History Leaflet No. 9, June 1989, James Ford Bell Museum of Natural History SUMMARY OF RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS TO BLANDING'S TURTLE POPULATIONS (see Environmental Review Fact Sheet Series for full recommendations) • A flyer with an illustration of an adult Blanding's turtle should be given to all contractors working in the area. Homeowners should also be informed of the presence of Blanding's turtles in the area. • Turtles which are in imminent danger should be moved, by hand, out of harms way. Turtles which are not in imminent danger should be left undisturbed to continue their travel among wetlands and/or nest sites. • If a Blanding' s turtle nests in your yard, do not disturb the nest, and do not allow pets near the nest. • Blanding's turtles do not make good pets. It is illegal to keep this threatened species in captivity. • Silt fencing should be set up to keep turtles out of construction areas. It is critical that silt fencing be removed after the area has been revegetated. • Small, vegetated temporary wetlands should not be dredged, deepened, or filled. • All wetlands should be protected from pollution; use of fertilizers and pesticides should be avoided, and run -off from lawns and streets should be controlled. Erosion should be prevented to keep sediment from reaching wetlands and lakes. • Roads should be kept to minimum standards on widths and lanes. • Roads should be ditched, not curbed or below grade. If curbs must be used, 4" high curbs at a 3:1 slope are preferred. • Culverts under roads crossing wetland areas, between wetland areas, or between wetland and nesting areas should be at least 36 in. diameter and flat - bottomed or elliptical. • Culverts under roads crossing streams should be oversized (at least twice as wide as the normal width of open water) and flat - bottomed or elliptical. • Utility access and maintenance roads should be kept to a minimum. • Below- ground utility construction sites should be returned to original grade. • Terrain should be left with as much natural contour as possible. • Graded areas should be revegetated with native grasses and forbs. • Vegetation management in infrequently mowed areas -- such as in ditches, along utility access roads, and under power lines -- should be done mechanically (chemicals should not be used). Work should occur fall through spring (after October 1St and before June 1St) Compiled by the :Li nncsota Department ; ", ai.trot Resew( , Nan., rri 11 rrt:, e << ngcunr Rese, rcir Pr ograrrt, August, 00 Endangered Species Environmental onn.ent Review Coordinator. 500 1 c,`: ;retie Rd.. Box 5, :5t Pair- A4". .55155 / 651-259-5107 Environmental Review Fact Sheet Series i Endangered. Threatened, and Special Concern Species of Minnesota 3landin 's Tiirtle (Entydoideu Glicrtd rt�ii) Minnesota Status: Threatened Federal Status: none State Rank': S2 Global Rank': G4 HABITAT USE Blanding's turtles need both wetland and upland habitats to complete their life cycle. The types of wetlands used include ponds, marshes, shrub swamps, bogs, and ditches and streams with slow- moving water. In Minnesota, Blanding's turtles are primarily marsh and pond inhabitants. Calm, shallow water bodies (Type 1 -3 wetlands) with mud bottoms and abundant aquatic vegetation (cattails, water lilies, etc.) are preferred, and extensive marshes bordering rivers provide excellent habitat. Small temporary wetlands (those that dry up in the late summer or fall) are frequently used in spring and summer -- these fishless pools are amphibian and invertebrate breeding habitat, which provides an important food source for Blanding's turtles. Also, the warmer water of these shallower areas probably aids in the development of eggs within the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands, often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds on undeveloped land. Blanding's turtles have also been known to nest successfully on residential property (especially in low density housing situations), and to utilize disturbed areas such as farm fields, gardens, under power lines, and road shoulders (especially of dirt roads). Although Blanding's turtles may travel through woodlots during their seasonal movements, shady areas (including forests and lawns with shade trees) are not used for nesting. Wetlands with deeper water are needed in times of drought, and during the winter. Blanding's turtles overwinter in the muddy bottoms of deeper marshes and ponds, or other water bodies where they are protected from freezing. LIFE HISTORY Individuals emerge from overwintering and begin basking in late March or early April on warm, sunny days. The increase in body temperature which occurs during basking is necessary for egg development within the female turtle. Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk. Nesting can occur as much as a mile from wetlands. The nest is dug by the female in an open sandy area and 6 -15 eggs are laid. The female turtle returns to the marsh within 24 hours of laying eggs. After a development period of approximately two months, hatchlings leave the nest from mid - August through early- October. Nesting females and hatchlings are often at risk of being killed while crossing roads between wetlands and nesting areas. In addition to movements associated with nesting, all ages and both sexes move between wetlands from April through November. These movements peak in June and July and again in September and October as turtles move to and from overwintering sites. In late autumn (typically November), Blanding' s turtles bury themselves in the substrate (the mud at the bottom) of deeper wetlands to overwinter. IMPACTS / THREATS / CAUSES OF DECLINE • loss of wetland habitat through drainage or flooding (converting wetlands into ponds or lakes) • loss of upland habitat through development or conversion to agriculture • human disturbance, including collection for the pet trade* and road kills during seasonal movements • increase in predator populations (skunks, racoons, etc.) which prey on nests and young *It is illegal to possess this threatened species. Minnesota DNR Natural Heritage and Nongame Research Prrrgrarn Environmental Review Fact Sheet Series. Blanding' s Turtle. 2 RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS These recommendations apply to typical construction projects and general land use within Blanding's turtle habitat, and are provided to help local governments, developers, contractors, and homeowners minimize or avoid detrimental impacts to Blanding's turtle populations. List 1 describes minimum measures which we recommend to prevent harm to Blanding's turtles during construction or other work within Blanding's turtle habitat. List 2 contains recommendations which offer even greater protection for Blanding's turtles populations; this list should be used in addition to the first list in areas which are known to be of state -wide importance to Blanding's turtles (contact the DNR's Natural Heritage and Nongame Research Program if you wish to determine if your project or home is in one of these areas), or in any other area where greater protection for Blanding's turtles is desired. List 1. Recommendations for all areas inhabited by Blanding's turtles. List 2. Additional recommendations for areas known to be of state -wide importance to Blanding's turtles. GENERAL A flyer with an illustration of a Blanding's turtle should be given to all contractors working in the area. Homeowners should also be informed of the presence of Blanding's turtles in the area. Turtle crossing signs can be installed adjacent to road - crossing areas used by Blanding's turtles to increase public awareness and reduce road kills. Turtles which are in imminent danger should be moved, by hand, out of harms way. Turtles which are not in imminent danger should be left undisturbed. Workers in the area should be aware that Blanding' s turtles nest in June, generally after 4pm, and should be advised to minimize disturbance if turtles are seen. If a Blanding's turtle nests in your yard, do not disturb the nest. If you would like to provide more protection for a Blanding's turtle nest on your property, see "Protecting Blanding's Turtle Nests" on page 3 of this fact sheet. Silt fencing should be set up to keep turtles out of construction areas. It is critical that silt fencing be Construction in potential nesting areas should be limited to the period between September 15 and June 1 (this is the time when activity of adults and hatchlings in upland areas is at a minimum). removed after the area has been revegetated. WETLANDS Small, vegetated temporary wetlands (Types 2 & 3) should not be dredged, deepened, filled, or converted to storm water retention basins (these wetlands provide important habitat during spring and summer). Shallow portions of wetlands should not be disturbed during prime basking time (mid morning to mid- afternoon in May and June). A wide buffer should be left along the shore to minimize human activity near wetlands (basking Blanding's turtles are more easily disturbed than other turtle species). Wetlands should be protected from pollution; use of fertilizers and pesticides should be avoided, and run -off from lawns and streets should be controlled. Erosion should be prevented to keep sediment from reaching wetlands and lakes. Wetlands should be protected from road, lawn, and other chemical run -off by a vegetated buffer strip at least 50' wide. This area should be left unmowed and in a natural condition. ROADS Roads should be kept to minimum standards on widths and lanes (this reduces road kills by slowing traffic and reducing the distance turtles need to cross). Tunnels should be considered in areas with concentrations of turtle crossings (more than 10 turtles per year per 100 meters of road), and in areas of lower density if the level of road use would make a safe crossing impossible for turtles. Contact your DNR Regional Nongame Specialist for further information on wildlife tunnels. Roads should be ditched, not curbed or below grade. If curbs must be used, 4 inch high curbs at a 3:1 slope are preferred (Blanding's turtles have great difficulty climbing traditional curbs; curbs and below grade roads trap turtles on the road and can cause road kills). Roads should be ditched, not curbed or below grade. Minnesota DNR Natural: Heritage and Nongarne Research Program Environmental: Review Fact Sheet Series. Blanding' s Turtle. 3 ROADS cont. Culverts between wetland areas, or between wetland areas and nesting areas, should be 36 inches or greater in diameter, and elliptical or flat - bottomed. Road placement should avoid separating wetlands from adjacent upland nesting sites, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). Wetland crossings should be bridged, or include raised roadways with culverts which are 36 in or greater in diameter and flat - bottomed or elliptical (raised roadways discourage turtles from leaving the wetland to bask on roads). Road placement should avoid bisecting wetlands, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). This is especially important for roads with more than 2 lanes. Culverts under roads crossing streams should be oversized (at least twice as wide as the normal width of open water) and flat- bottomed or elliptical. Roads crossing streams should be bridged. UTILITIES Utility access and maintenance roads should be kept to a minimum (this reduces road -kill potential). Below- ground utility construction sites should be returned to original grade (trenches can trap turtles). LANDSCAPING AND VEGETATION MANAGEMENT Terrain should be left with as much natural contour as possible. As much natural landscape as possible should be preserved (installation of sod or wood chips, paving, and planting of trees within nesting habitat can make that habitat unusable to nesting Blanding's turtles). Graded areas should be revegetated with native grasses and forbs (some non - natives form dense patches through which it is difficult for turtles to travel). Open space should include some areas at higher elevations for nesting. These areas should be retained in native vegetation, and should be connected to wetlands by a wide corridor of native vegetation. Vegetation management in infrequently mowed areas -- such as in ditches, along utility access roads, and under power lines -- should be done mechanically (chemicals should not be used). Work should occur fall through spring (after October 1st and before June 1st ) Ditches and utility access roads should not be mowed or managed through use of chemicals. If vegetation management is required, it should be done mechanically, as infrequently as possible, and fall through spring (mowing can kill turtles present during mowing, and makes it easier for predators to locate turtles crossing roads). Protecting Blanding's Turtle Nests: Most predation on turtle nests occurs within 48 hours after the eggs are laid. After this time, the scent is gone from the nest and it is more difficult for predators to locate the nest. Nests more than a week old probably do not need additional protection, unless they are in a particularly vulnerable spot, such as a yard where pets may disturb the nest. Turtle nests can be protected from predators and other disturbance by covering them with a piece of wire fencing (such as chicken wire), secured to the ground with stakes or rocks. The piece of fencing should measure at least 2 ft. x 2 ft., and should be of medium sized mesh (openings should be about 2 in. x 2 in.). It is very important that the fencing be removed before August 1St so the young turtles can escape from the nest when they hatch! REFERENCES 'Association for Biodiversity Information. "Heritage Status: Global, National, and Subnational Conservation Status Ranks." NatureServe. Version 1.3 (9 April 2001). http: / /www.natureserve.org /ranking.htm (15 April 2001). Coffin, B., and L. Pfannmuller. 1988. Minnesota's Endangered Flora and Fauna. University of Minnesota Press, Minneapolis, 473 pp. Minnesota DNR Natural Heritage and Nongarne Research Program En vi onmenta' Review Fact Sheet Series. Blanding' s 1.irtle. 4 REFERENCES cont. Moriarty, J. J., and M. Linck. 1994. Suggested guidelines for projects occurring in Blanding's turtle habitat. Unpublished report to the Minnesota DNR. 8 pp. Oldfield, B., and J. J. Moriarty. 1994. Amphibians and Reptiles Native to Minnesota. University of Minnesota Press, Minneapolis, 237 pp. Sajwaj, T. D., and J. W. Lang. 2000. Thermal ecology of Blanding' s turtle in central Minnesota. Chelonian Conservation and Biology 3(4):626 -636. Compiled by the Minnesota Department of Natural .Resources 'Natural Heritage cznd : 'ongamt Research Program. September. 2001 Endangered Species Environmental Review Coordinator, 500 ta{i'i`.cttt Rd.: Box 25, St. Paul. Nl'w 55155 : 651-259-5107 Environmental Review Fact Sheet Series 1 Endangered, Threatened, and Special Concern Species of Min nesota Protecting Iil , ding's Turtle Nests (See also Blanding'n Turtle Fact Sheet) TURTLE NEST PREDATION Often, as many as 80% of turtle nests can be lost to predators such as raccoon, skunk, fox, and opossum. Although predators may find and destroy nests at any point during the egg's development, most predation on turtle nests occurs within 5 days after the eggs are laid, and especially during the first 48 hours. As time passes, there is less scent associated with the nest, and it is more difficult for predators to locate the nest. HOW TO PREVENT NEST PREDATION Nests more than a week old probably do not need protection, unless they are in a particularly vulnerable spot, such as a yard where pets may disturb the nest. If you believe a nest on your property is in danger from predators or other disturbance, there are several methods you can use to protect the nest. These methods are designed either to attempt to prevent predators from digging up the nest, or to prevent predators from finding the nest. ONests can be covered with a piece of wire fencing (such as chicken wire), centered over the nest and secured to the ground with stakes or rocks.* The fencing should be at least 2 ft. x 2 ft. Mesh openings should be about 2 in. x 2 in. ** -� 4-0A covered cylindrical or cone - shaped cage can be centered over the nest and anchored with hooked stakes *. Take great care to avoid piercing the nest cavity with the stakes! The cage should be at least 20 in. across and 10 in. high. Mesh openings should be about 2 in. x 2 in.** The wire fencing and cages can be removed, if desired, after 30 days, as the likelihood is remote that the nest will be found by a predator this long after laying. All fencing around and over a nest m ust be renamed before August 1 §` so the young turtles can escape from the nest when they hatch! *Wire should be fastened down very securely with heavy rocks or long (8 -10 in.) stakes, to prevent predators from pulling it up. ** Mesh size should not be much larger than 2 in. x 2 in., as predators can reach through larger mesh and dig to the nest. 1 HOW TO PREVENT NEST PREDATION cont. ONests can also be covered temporarily with plywood to provide short-term protection. The plywood trust be removed within five days or the shading of the nest will cool the soil and prevent proper development of the eggs. ()Masking the odor of the nest may prevent predators from fmding it. You can try sprinkling the area with water, or putting a 1 in. layer of fresh sand over the nest location in an attempt to disguise the turtle smell. HOW TO TELL IF TURTLES HAVE HATCHED Egg shell fragments scattered near an unearthed nest indicate that the nest has been destroyed by predators. When eggs hatch successfully, the eggshells are left underground in the nest cavity. Successful eggs typically hatch between mid - August and early October, depending on when the eggs were laid and how warm the summer has been (turtle eggs are incubated by the heat of the sun). The hatchlings emerge through a small burrow they dig from the nest to the surface. If you cannot find the hole or burrow the hatchlings used to exit the nest, it could mean that the eggs failed to hatch. However, some turtles may hatch from the egg and then spend the winter in the nest, and not emerge until the following spring. This means that even if you do not see young turtles emerge from the nest in the fall, the nest still may have been successful. If you would like to share the story of your nest protection efforts with us, please send details (and photos, if possible) to "Attn: MCBS Herpetologist" at ecoservices @dnr.state.mn.us or Minnesota County Biological Survey, 500 Lafayette Rd., Box 25, St. Paul, MN 55155; or contact the DNR Nongame Specialist nearest you: Bemidji (218- 755- 2976); Brainerd (218- 828 - 2228); New Ulm (507- 359- 6033); Rochester (507- 280 - 5070); or St. Paul (651- 259 - 5110). Compiled by the :Minnesota Apartment of Natural Resources ,Natural Heritage and Nongame Research Program, .December 2001 Endangered Species Environmental Review Coordinator, 500 Lafayette Rd, Box 25, St. Paul, MAI 55155 / 651-259-5107 Minnesota Environmental Quality Board Environmental Review Program EAW Distribution List August 2006 Note: Approximately 25 copies are needed for distribution. For further information about this list, contact the EQB at 651- 296 -8253 (metro) or 1- 800 - 657 -3794 (nonmetro). State Agencies Department of Agriculture (1 copy) Becky Balk 625 N. Robert Street St. Paul, MN 55155 Department of Commerce (1 copy) Marya White 85 Seventh Place East Suite 500 St. Paul, MN 55101 Environmental Quality Board (1 copy) Environmental Review Program 300 Centennial Office Building 658 Cedar St. St. Paul, MN 55155 Department of Health (1 copy) Environmental Health Division Policy, Planning & Analysis Unit 625 N. Robert Street St. Paul, MN 55155 Historical Society (1 copy) State Historic Preservation Office 345 Kellogg Blvd. W., Level A St. Paul, MN 55102 Department of Natural Resources (3 copies) Environmental Review Unit 500 Lafayette Road St. Paul, MN 55155-4025 Pollution Control Agency (3 copies) Rick Newquist, Supervisor Env Review Unit/Majors/Rem Division 520 Lafayette Rd. St. Paul, MN 55155 Department of Transportation (3 copies) Gerald Larson Mn/DOT Environmental Services 395 John Ireland Blvd, MS620, St. Paul, MN 55155 Board of Water and Soil Resources (1 copy) Jim Haertel 520 Lafayette Rd. St. Paul, MN 55155 Libraries Technology and Science (2 copies) Minneapolis Public Library Attn: Helen Burke Government Documents (2nd Floor) 300 Nicollet Mall Minneapolis, MN 55401 -1992 Federal U.S. Army Corp of Engineers (1 copy) Tamara Cameron Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth St. E. St. Paul, MN 55101 -1638 U.S. Environmental Protection Agency (1 copy) Kenneth Westlake Environmental Planning And Evaluation Unit 77 W. Jackson Blvd., Mailstop B -19J Chicago, IL 60604 -3590 U.S. Fish and Wildlife Service (1 copy) Twin Cities Field Office E.S. 4101 E. 80th St. Bloomington, MN 55425 -1665 Regional Metropolitan Council (NOTE: 5 copies IF the project is in the seven county metro area) Review Coordinator Planning and Technical Assistance Unit 230 E. Fifth St. St. Paul, MN 55101 -1626 Other National Park Service (1 copy) Stewardship Team Manager 111 East Kellogg Blvd., Suite 105 St. Paul, MN 55101 -1288 (If project is located within, or could have a direct impact upon, the Mississippi River Critical Area/Mississippi National River and Recreation Area. This is the 72 -mile stretch of river from the mouth of the Crow River at Dayton/Ramsey to the Goodhue County border.) Also distribute copies to: • Project proposer • Local unit of government corresponding to project jurisdiction, such as the county planning and zoning office, township, watershed district, soil and water conservation districts, water management organizations • Regional Development Commission, where applicable (see attached lists and map) • Regional Development Library for the region in which the project site falls (see attached lists and maps) • Representatives of petitioners if the review was initiated by a citizens petition • Any other person who has submitted a written request for notification Press Release A press release must be provided to at least one newspaper of general circulation in the project area within five working days of EAW distribution. The release must include the name, location and a brief description of the project; location(s) where the EAW can be reviewed; the comment period deadline (call the EQB if unknown); and to whom comments should be submitted. State Agencies Draft Environmental Impact Statement Distribution List Board of Water and Soil Resources (1 copy) Jim Haertel 520 Lafayette Rd. St. Paul, MN 55155 Department of Agriculture (1 copy) Becky Balk 625 N. Robert Street St. Paul, MN 55155 Department of Commerce (1 copy) Marya White 85 Seventh Place E. Suite 500 St. Paul, MN 55101 Environmental Quality Board (1 copy) Environmental Review Program 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Department of Health (1 copy) Environmental Health Division Policy, Planning & Analysis Unit 625 N. Robert Street St. Paul, MN 55155 Department of Natural Resources (3 copies) Environmental Review nit 500 Lafayette Road St. Paul, MN 55155 -4025 Pollution Control Agency (3 copies) Rick Newquist, Supervisors Environmental Review Unit 520 Lafayette Road St. Paul, MN 55155 Department of Transportation (3 copies) Gerald Larson Mn/DOT Environmental Services 395 John Ireland Blvd., MS620 St. Paul, MN 55155 Libraries Technology and Science (2 copies) Minneapolis Public Library Attn: Helen Burke Government Documents (2nd Floor) 300 Nicollet Mall Minneapolis, MN 55401 -1992 Federal U.S. Army Corp of Engineers (1 copies) Tamara Cameron Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth St. E. St. Paul, MN 55101 -1638 Regional Metropolitan Council (Send 5 copies IF the project is in the seven county metro area) Review Coordinator Planning and Technical Assistance Unit Metropolitan Council 230 E. Fifth St. St. Paul, MN 55101 (See next page for one more organization to mail EIS.) Other National Park Service (1 copy) Stewardship Team Manager 111 East Kellogg Blvd., Suite 105 St. Paul, MN 55101 -1288 (If project is located within, or could have a direct impact upon, the Mississippi River Critical Area/Mississippi National River and Recreation Area. This is the 72 -mile stretch of river from the mouth of the Crow River at Dayton/Ramsey to the Goodhue County border.) Also distribute a draft EIS to: ■ A public library or public location where the draft EIS will be available for public review in each county where the project will take place • Regional Development Commission where applicable (see attached lists and map) • Regional Development Library for the region where the project site is located (see attached lists and map) • Proposer of the project • Any person who requests the draft EIS to the extent possible Distribution list for the summary of the Draft EIS • All members of the EAW distribution list who are not on the list to receive the draft EIS ■ Any person who submitted substantive comments on the EAW but who did not receive the entire draft EIS • Any person who requests the summary Distribution list for Final EIS • Any person who received copies of the entire draft EIS • Any person who submitted substantive comments on the draft EIS • Any person who requests a final EIS, to the extent this is possible Regional Development Commission Distribution List Northwest RDC 115 S. Main Ave. Warren, MN 56762 Headwaters RDC 403 Fourth St. NW P.O. Box 906 Bemidji, MN 56609 -0906 Arrowhead RDC John Chell, Executive Director 221 W. First St. Duluth, MN 55802 Region Five RDC 611 Iowa Ave. NE Staples, MN 56479 West Central Initiative 100 Western Ave. Fergus Falls, MN 56537 Upper Minnesota Valley RDC 323 W. Schlieman Ave. Appleton, MN 56208 East Central RDC 100 Park St. S. Mora, MN 55051 Southwest RDC 2401 Broadway Ave. Suite 1 Slayton, MN 56172 Region Nine RDC 410 E. Jackson St. P.O. Box 3367 Mankato, MN 56002 -3367 Mid - Minnesota RDC 333 W. Sixth St., SW Willmar, MN 56201 -5615 Regional Development Libraries Distribution List Region 1 Crookston Public Library 110 N. Ash St. Crookston, MN 56716 Region 2 Bemidji Public Library 509 American Ave. NW Bemidji, MN 56601 Region 3 Duluth Public Library 520 W. Superior St. Duluth, MN 55802 Region 4 Fergus Falls Public Library 205 E. Hampden Fergus Falls, MN 56537 Region 5 Kitchigami Regional Library 212 Park Ave., PO Box 14 Pine River, MN 56474 Region 6 Willmar Public Library 410 Fifth St. SW Willmar, MN 56201 -3298 Region 6W Montevideo /Chippewa County Library 224 S. First St. Montevideo, MN 56265 Updated March 2005 Region 7E East Central Regional Library 244 S. Birch St. Cambridge, MN 55008 Region 7W Great River Regional Library 405 St. Germain St. Cloud, MN 56301 -3667 Region 8 Marshall -Lyon County Library 301 W. Lyon St. Marshall, MN 56258 Region 9 Minnesota Valley Regional Library Reference Dept. 100 E. Main, P.O. Box 3446 Mankato, MN 56002 Region 10 Rochester Public Library, Reference Dept. 101 Second St. SE Rochester, MN 55904 Metropolitan Area Minneapolis Public Library Attn: Helen Burke Government Documents (2nd Floor) 300 Nicollet Mall Minneapolis, MN 55401 -1992 Table 1. Nature's Refuge Wetland Characteristics and Proposed Impacts Wetland Plant Community Quality E ) Medium Low Low Low Medium Medium Medium Medium Low Low Medium Medium E a) ) Medium Low Low Low Low E te) a Low Low Medium Low Low Medium High Type of Impact No Impact No Impact No Impact No Impact = ii No Impact Fill /Stormwater/ Impervious ii = ii 0. E o z No Impact =_ ii It Fill /Stormwater/ Impervious n E 'o= z it Fill /Stormwater Fill /Stormwater/ Impervious Fill /Stormwater FiII /Impervious 1 Fill /Stormwater/ Impervious Fill /Impervious Fill /Impervious FiII /Stormwater/ Impervious 0. E o z No Impact No Impact Acres Impacted 0000 0 0 O O 0 O 0 O 0.01 0.00 U) N O 0.26 CO 0 O 0.00 0.00 0) 0 O 00 0 O 0.44 0.00 f� r O 0 O 1.34 co CO O co CO O 0.59 u) CO O CV CO r 0.49 000'.0 0 O 0 O 0 0 O O Percent Impacted O O O O M O 0.4 0 O r 2.7 0 0(0 00 C) 100 r 0 49 O r 100 O r 100 100 0 r 0 r U7 — N. 0 0 0 5.7 Wetland Type (Circ 39 /Cowardin) TYPE 2 - PEMBd TYPE 2 - PEMBd TYPE 3/2/1 - PEMF /C /B/ - PFO1A TYPE 2/3 - PEMBd /Cd TYPE 2 - PEMB TYPE 3/2 - PEMC /B TYPE 3/2/1 - PEMF /B - PFO1A TYPE 2/1 - PEMB - PFO1A TYPE 3/1 - PEMC - PFO1A TYPE 1 - PEMA TYPE 2 - PEMB TYPE 2/1 - PEMB /PFO1A TYPE 2/1 - PEMB /PFO1A TYPE 2/1 - PEMB /PFO1A TYPE 1/2 - PFO1A - PEMB TYPE 1 - PFO1A TYPE 2/1 PEMB - PFO1A TYPE 2/1 - PEMB - PFO1A TYPE 2/1 - PEMB - PFO1A TYPE 2/1 - PEMB - PFO1A TYPE 2 - PEMB TYPE2 -PEMB TYPE 2 -PEMB TYPE 1 - PEMA TYPE 2 - PEMB TYPE 2 - PEMB TYPE 3/4 - PEMC - PUBG TYPE 3 - PEMC Percent Forested 0 0 Co LC (n 0 0 0 f-- LO Co 38.74 42.02 0 0 50 r Co (0 CA , 68.5 100 00 CO M N d) f— r■ 4 10 0 N 0 0 0 0 0 0 0 0 Total Area (acres) Mfg O r 0 0 8.14 r r (+) 0.31 5.51 CO cNi 0.26 1.27 0)CO0) 0 0 0 0 0 0 0.08 0.44 0.08 0.35 0.64 1.34 59.0 CO CO O 0) 10 O LO (o O 1.32 000) Co 0 0 0 M00 CO - 2.18 0.81 Wetland r("1() )(0 1(00) 10 .NCO r r r 14 10(01"- r r r 18 0) r 0 N rM N N 24 1 1000 N N 29 30 31 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 6D Michael Grochala October 9, 2006 Consideration of Resolution No. 06 -159, Accepting Bids and Awarding Contract, Legacy at Woods Edge — Phase 3, Streetscaping Improvements — Alt Bid 1 Simple Majority BACKGROUND: Sealed bids for the Legacy at Woods Edge — Phase 3 Streetscaping Improvements were received and publicly opened on March 23, 2006. The project was phased and bid with work identified in the Base Bid to be substantially completed in 2006. Alternate 1 consists of work that is scheduled to begin in 2007. Jay Brothers, Inc. was the low bid for the project. The council awarded the base bid to Jay Brothers and delayed action of the Alternate Bid until October of 2007 to allow for more progress to be made on the development. • The contract amount for Bid Alternate 1 is $824,379.77. With the award of Bid Alternate 1 the total contract with Jay Brothers, Inc., will be $1,549,732.38. A copy of the consulting engineer's recommendation is attached. All project funding for the improvements is in place. RECOMMENDATION: Staff recommends adoption of Resolution No. 06 -159 awarding the Bid Alternate 1 to Jay Bros. Inc., of Forest Lake, Minnesota in the amount of $824,379.77. ATTACHMENTS 1. Resolution No. 06 -159 2. Engineers Recommendation • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -159 RESOLUTION AWARDING A CONSTRUCTION CONTRACT LEGACY AT WOODS EDGE — PHASE 3 STREETSCAPING IMPROVEMENTS (ALTERNATE BID 1) WHEREAS, pursuant to an advertisement for bids for the construction of the Legacy at Woods Edge — Phase 3 Streetscaping Improvement project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Engineer's Estimate $ 747,492.00 $ 940,428.70 $ 69,200.00 $ 16,490.00 $ 1,773,610.70 AND WHEREAS, on April 24, 2006 the City Council awarded the Base Bid to Jay Bros. Inc., and reserved the right to award the contract for Bid Alternate 1 to Jay Bros. Inc., no later than October 24, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Bros. Inc., of Forest Lake, Minnesota in the name of the City of Lino Lakes for the construction of the Legacy at Woods Edge — Phase 3 Streetscaping Improvement Project for the Bid Alternate 1, in the amount of $824,379.77, according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of October, 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: 411/ Whereupon said resolution was declared duly passed and adopted. Contractor Base Bid Total Alternate 1 (Sched B) Total Alternate 2 Total Alternate 3 Total Bid 1 Jay Bros. Inc. $ 725,352.61 $ 824,379.77 $ 77,642.40 $ 35,352.80 $ 1,662,727.58 2 Pember Companies, Inc. $ 725,707.50 $ 947,558.75 $ 89,960.00 $ 34,314.00 $ 1,797,540.25 3 LS Black Consructors, Inc. $ 796,299.74 $ 1,005,903.50 $ 87,468.80 $ 44,054.10 $ 1,933,726.14 4 Northway Irrigation Inc. (invalid Bid) $ 102,375.00 $ 106,461.00 $ - $ - $ 208,836.00 Engineer's Estimate $ 747,492.00 $ 940,428.70 $ 69,200.00 $ 16,490.00 $ 1,773,610.70 AND WHEREAS, on April 24, 2006 the City Council awarded the Base Bid to Jay Bros. Inc., and reserved the right to award the contract for Bid Alternate 1 to Jay Bros. Inc., no later than October 24, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Bros. Inc., of Forest Lake, Minnesota in the name of the City of Lino Lakes for the construction of the Legacy at Woods Edge — Phase 3 Streetscaping Improvement Project for the Bid Alternate 1, in the amount of $824,379.77, according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of October, 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: 411/ Whereupon said resolution was declared duly passed and adopted. i � SEH September 26, 2006 Honorable Mayor and City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Attn: Michael Grochala Community Development Director Dear Honorable Mayor and Council Members: RE: Lino Lakes, Minnesota Legacy at Woods Edge — Phase 3 Streetscape, Planting and Irrigation Plans SEH Project No. A- LINOL0305.03 6.00 The Legacy at Woods Edge Phase 3 scope of work identified in the Base Bid is nearing completion. The project was phased and bid with work in the Base Bid to be completed in 2006, and work in Alternate 1 to be completed in 2007. At time of award, the decision was made to delay the award of the Altemate 1 portion of the contract to allow for more progress to be made on the entire development. The October 24, 2006 deadline for awarding the original Alternate 1 bid to Jay Bros., Inc is approaching. In reviewing the work completed by Jay Bros., Inc. and their subcontractors 011 the Base Bid contract, we have been generally satisfied with the work to date and recommend that the Alternate 1 contract be awarded to Jay Bros., Inc. The following describes the contract amounts: Base Bid Alternate 1 Total Base Bid & Alternate 1 $725,352.61. $824,379.77. $1,549,732.38. In reliance on our experience with Jay Bros. Inc. and/or materials and information provided by the contractor, we have determined that 1) they have a sufficient understanding of the project and equipment to perform the construction for which it bid; and 2) according to their bonding agent they presently have the fmancial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Please call me at 651.490.2018 if you have questions. Sincerely, Susan M. Mason, PE Project Manager Short Elliott Hendrickson Inc., 3 _ 44 _ais Center Drive, St. Paul, MN 55 11 0 -5 196 SEH is an equal opportunity employer 651.490.2000 1 800.325.2055 1 651.490.2150 fax • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6E Michael Grochala, October 9, 2006 Consideration of Resolution No. 06 -161, Approving Request for Payment from Municipal Turnback Account (Former Trunk Highway 49) VOTE REQUIRED: Simple Majority BACKGROUND: In 1996 the City Council entered into an agreement with the State of Minnesota providing for a portion of Trunk Highway 49 to be turned back to the City. Approximately .28 miles of the roadway (4th Avenue from Lilac to the entrance of the Minnesota Correctional Facility) was transferred to City jurisdiction. The roadway is now part of the City's Municipal State Aid System (MSAS). Under State requirements the City is eligible to receive state aid reimbursement for reconstruction of the roadway or accept a lump sum payment. Eligibility for Turn Back proceeds terminates within 15 years of the local jurisdictions acceptance of the roadway. This segment of 4th Avenue is listed within the "Good" Category (Highest Category) of the City's Pavement Management Program. Based on the roadway condition rating there is no need to reconstruct 4th Avenue within the next five years. The City is currently eligible to receive a lump sum payment in the amount of $955,404.00. Funds provided by the payment originate from the Minnesota Highway Users Tax Distribution Fund. These funds are for use by the City on the state aid system. The City has several higher priority State Aid street needs, including the 35W /Lake Drive Interchange, where these funds can be used. 4th Avenue will remain on the City's State Aid System and is still eligible for funding from the City's State Aid account in future years. RECOMMENDATION: Staff recommends adoption of Resolution No. 06 -161 Approving request for payment from the Municipal Turnback Account. ATTACHMENTS 1. Resolution No. 06 -161 2. Municipal Turnback Account Agreement • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -161 RESOLUTION APPROVING REQUEST FOR PAYMENT FROM THE MUNCIPAL TURNBACK ACCOUNT (FORMER TRUNK HIGHWAY 49) WHEREAS, a portion of State Trunk Highway 49 (4th Avenue from Lilac to the entrance of the Minnesota Correctional Facility) was turned back to the City of Lino Lakes in 1996; and WHEREAS, the City is eligible to receive a cash payment in lieu of reconstructing the portion of roadway at this time, and WHEREAS, this segment of 4th Avenue is listed within the "Good" Category (Highest Category) of the City's Pavement Management Program. Based on the roadway condition rating there is no need to reconstruct 4th Avenue within the next five years, and WHEREAS, these funds are for use by the City on the state aid system. The City has several higher priority State Aid street needs where these funds can be used. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the request for payment from the Municipal Turnback Account for former Trunk Highway 49 in the amount of $955,404.00, and 2. Authorizes staff to execute the necessary agreements on behalf of the City. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of October, 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: IIIWhereupon said resolution was declared duly passed and adopted. • STATE AID FOR LOCAL TRANSPORTATION MUNICIPAL TURNBACK ACCOUNT IN LIEU PAYMENT AGREEMENT STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Request In for Lieu Payment from the Municipal Turnback Account SAP 210 - 035 -01 MSAS No. 103 LOCATION: 4th Avenue North from Lilac Street to Minnesota Correctional Facility -Lino Lakes entrance. The City of Lino Lakes requests a lump sum payment from the Municipal Turnback Account in lieu of contracting work per Minnesota Rules, Chapter 8820, State -Aid Operations, 8820.2300, Subpart 6a, In Lieu Payment. The City requests a lump sum payment of Municipal Turnback Account funds in the amount of 955,404.00 dollars. City Engineer Date Agency MunicipaforCounty Turnback Account In Lieu Payment Request 9/19/2006Page 1 oft • PAYMENT SCHEDULE 2006 $955,404.00 BASIS OF PAYMENT —WORK SCOPE and ESTIMATES The scope of work eligible to receive Municipal Turnback Account funds is the basis for the payment amount. The amount of the payment includes the estimated 2006 construction, engineering, and right of way cost for the project scope described below. 4th Avenue North from Lilac Street to Minnesota Correctional Facility- Lino Lakes entrance: urban improvement, reconstruction from rural section to state aid standard urban street. MUNICIPAL TURNBACK ACCOUNT ELIGIBILITY Municipal Turnback Account (MTB) eligibility for the route segment described in this agreement will be terminated by this agreement. The segment will then become eligible for inclusion in the state aid needs study. USE OF FUNDS The funds provided by the in lieu payment originate from the Minnesota Highway Users Tax Distribution Fund. These funds are for use by the City on the state aid system. Expenditure of the funds will be in accordance with Minnesota Rules, State -Aid Operations, Chapter 8820. DIVISION OF STATE AID FOR LOCAL TRANSPORTATION APPROVED: District State Aid Engineer Director, State Aid for Local Transportation Date Date Attachment: Agency MunicipalorCounty Turnback Account In Lieu Payment Request 9/19/2006Page 2 oft • • • CITY COUNCIL WORK SESSION AUGUST 28, 2006 DRAFT 1 WORK SESSION 2 CITY OF LINO LAKES 3 MINUTES 4 5 6 DATE : August 28, 2006 7 TIME STARTED : 5:31 p.m. 8 TIME ENDED : 10:55 p.m. 9 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 10 Reinert (arrived at 5:33 p.m.), Stoltz and 11 Mayor Bergeson (arrived at 5:45 p.m.) 12 MEMBERS ABSENT : None 13 14 Staff members present: City Administrator, Gordon Heitke; Finance Director, Al Rolek 15 (part); Community Development Director, Mike Grochala; Director of Administration, 16 Dan Tesch (part); Public Services Director, Rick DeGardner; Chief of Police, Dave 17 Pecchia; City Attorney, Bill Hawkins (part); City Engineer, Jim Studenski (part); City 18 Planner, Jeff Smyser (part); and City Clerk, Julie Bartell (part) 19 20 21 REVIEW CITY COUNCIL MEETING AGENDA 22 23 Item 1D, Consider Accepting Donation from Centennial Firefighters Relief Assn. for 24 2006 Safety Camp — this item was moved to Item 3B under the Administration 25 Department Report. 26 27 There were no other changes to the regular City Council agenda. 28 29 The meeting was recessed at 6:30 p.m. for the regular City Council meeting. 30 31 The meeting was reconvened at 9:05 p.m. 32 33 2007 BUDGET REVIEW 34 35 Finance Director Rolek advised he compiled all the Council suggestions regarding the 36 budget cuts as well as staff recommendations for cuts. Staff listed budget cuts within 37 three separate tiers. 38 39 Finance Director Rolek noted there was a personnel expenditure error within the draft 40 budget in the amount of $82,972. 41 42 City Administrator Heitke reviewed the staff budget cut recommendations in terms of 43 priority. He noted the resulting tax rate for the cuts within each of the tiers. 44 45 Each Council Member reviewed his or her recommendations for budget cuts. After much 46 discussion, the Council indicated agreement on the following budget cuts: 1 -45- • • • CITY COUNCIL WORK SESSION AUGUST 28, 2006 DRAFT 1 2 Debt Reduction $30,000 3 Revenues (increased by) 15,000 4 Police personnel error 82,972 5 Communications 30,000 6 Economic Development Marketing 16,000 7 Community Development GIS 5,000 8 Military 40,000 9 Public Safety personnel 90,000 10 Trails 25,000 11 Fall Clean Up 8,400 12 Recycle Bins 2,500 13 Capital Equipment 25,000 14 15 Total $369,873 16 17 Finance Director Rolek advised he would take the suggested cuts and calculate the 18 percent of increase in the budget and tax rate as opposed to 2006. 19 20 The next budget work session will be held on Wednesday, September 6, 2006, 4:30 p.m., 21 prior to the rescheduled Council work session. 22 23 The meeting was adjourned at 10:55 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 September 11, 2006. 27 28 29 30 31 Julianne Bartell, City Clerk John Bergeson, Mayor 32 33 Transcribed by: 34 Kim Points 35 TimeSaver Off Site Secretarial, Inc. 36 2 -46-