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HomeMy WebLinkAbout01/07/2008 Council PacketAmended WORK SESSION AGENDA CITY OF LINO LAKES Monday, January 7, 2008 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Eagle Brook Traffic Control Lighting 2. Snowmobile /ATV Ordinance 3. West Oaks Survey 4. Traffic Noise Abatement Study - 35W Noise Wall 5. Advisory Board Appointment Process 6. Compensation Audit RFP's 7. Process, Timeline for Reviewing Substitute Charter Amendment 8. Professional Services RFP's 9. Data Request Policy 10. Minutes of Nov. 5, 2007 work session 11. Police Department Administrative Staffing 12. Review of January 14, 2008 Regular Council Agenda 13. Main Street Village Update (Azure Properties, SE1 /4 of 35E Interchange)- Requested by Reinert, O'Donnell Adjourn PAGE 1 • WORK SESSION STAFF REPORT Work Session Item #1 Date: Council Work Session, January 7, 2008 To: City Council From: Gordon Heitke Re: Eagle Brook Church Traffic Control Lighting WS — Item l Background The Police Department and Eagle Brook Church has considered ways to provide temporary lighting to increase the visibility and safety of traffic control officers. The Police Department will be updating the Council on past and proposed temporary lighting efforts. A neighbor to the church, Barbara Bor, has requested to address the process for communicating changes in operation that are initiated by the city. Requested Council Direction The Police Department is interested in receiving any feedback or direction that the Council may wish to provide on the issue of temporary lighting to increase the visibility and safety of traffic control officers. • • • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: January 7, 2008 To: City Council From: Captain Kent Strege Re: Ordinance No. 02 -07, Snowmobiles and All Terrain Vehicles Background ATV Ordinance Since passage of the updated Lino Lakes Snowmobile / All Terrain Vehicle ordinance, the city has received requests for exemptions from the ordinance. One of the requests did not require an exemption since the use on a county road would not violate city ordinance. Another request was for an exemption that would allow a user to ride their ATV on or along city streets from their home to property they own and work. Discussion was held with the city attorney who indicated that granting exceptions to the ordinance would hinder enforcement of the ordinance in general on an ongoing basis and would be counter to the original intent of the ordinance to prevent ATV use on city roads. A possible exemption was explored regarding a state statute exemption for agricultural purposes, but state statute 84.928 Subdivision 1 (g) refers to this exemption as it pertains to "trunk, county state - aid, or county highway," but not local streets. Requested Council Direction Based upon discussion with the city attorney and review of the state statute, it is recommended that there not be exemptions to the ordinance. • WS — Item 3. WORK SESSION STAFF REPORT Work Session Item 3. Date: January 7, 2008 To: City Council From: James E. Studenski, City Engineer Re: West Oaks — Petition to Pursue the Extension of Sewer and Water Background A petition to pursue the extension of sanitary sewer and water was submitted by the residents of the West Oaks subdivision in the south east corner of the City as shown on the attached map. The petition was received October 25, 2007 by the City, discussed at the November 5th Work Session and received by the City Council at the November 26th Council meeting. The petition contains 30 signatures from 28 properties. All signatures have been verified by the City Clerk. The properties on the petition represent 47% or 28 of the 59 single family residential lots in the West Oaks Subdivision. A letter and resident questionnaire, dated December 4, 2007 was sent to all of the residents that where included in the design of the White Bear Township low pressure sanitary sewer and watermain system as shown on the attached map (85 Properties). 39 questionnaires were return to the City with 6 for the improvement project and feasibility study (16 %), 28 against the improvement project and feasibility study (72 %), 4 for the Improvement Project and against the feasibility study (10 %), and 1 against the improvement project and for the feasibility study (2 %). These results are also shown on the attached map. By eliminating the feasibility study question,where the residents are asked if they are willing to pay for the feasibility study, the questionnaire resulted in 10 properties (26 %) for the project and 29 against (74 %) the project. Requested Council Direction Staff is recommending that a letter and the attached map providing the results of the questionnaire be sent to all of the residents in the west oaks area. The letter will state that not further action will be taken by the City Council at this time due to a lack of interest in the West Oaks Utility Improvements project. 1 • • • • • • • • • • • • • • • • • • • • ■ • • • • ■ • • • w H w d 0 n. U) co 0 w 1— z 0 w Q • J uJ LU LL w O > Z w O • N 1- w H z X w uJ 2 W > w H - CC w LJJ 2 • 0 U } a F- C 0- H Q) fl • O O Yu) Q c' Z 0 0 O we H c W Q w Q Q 0 H w AGAINST IMPROVEMENT PROJECT AGAINST FEASIBILITY STUDY (28 PROPERTIES) AGAINST IMPROVEMENT PROJECT FOR FEASIBILITY STUDY (1 PROPERTY) JANUARY 7, 2007 FOR IMPROVEMENT PROJECT AGAINST FEASIBILITY STUDY (4 PROPERTIES) w H w a 0 a 0 CO r 1-- m LL tr 0 LL F- w 0 a 1- z w • w w O w d o 0 u_ a ENTS WHO SIGNED THE OCTOBER 25, 2007 PETITION (2,ic1 d6d.� �1 /ZO S (,O) WS —Item 3. UPDATEI WORK SESSION STAFF REPORT UPDATED Work Session Item 3. Date: January 7, 2008 To: City Council From: James E. Studenski, City Engineer Re: West Oaks — Petition to Pursue the Extension of Sewer and Water Background A petition to pursue the extension of sanitary sewer and water was submitted by the residents of the West Oaks subdivision in the south east corner of the City as shown on the attached map. The petition was received October 25, 2007 by the City, discussed at the November 5th Work Session and received by the City Council at the November 26th Council meeting. The petition contains 30 signatures from 28 properties. All signatures have been verified by the City Clerk. The properties on the petition represent 47% or 28 of the 59 single family residential lots in the West Oaks Subdivision. A letter and resident questionnaire, dated December 4, 2007 was sent to all of the residents that where included in the design of the White Bear Township low pressure sanitary sewer and watermain system as shown on the attached map (85 Properties). 40 questionnaires were return to the City with 7 for the improvement project and feasibility study (18 %), 28 against the improvement project and feasibility study (70 %), 4 for the Improvement Project and against the feasibility study (10 %), and 1 against the improvement project and for the feasibility study (2 %). These results are also shown on the attached map. By eliminating the feasibility study question, where the residents are asked if they are willing to pay for the feasibility study, the questionnaire resulted in 11 properties (28 %) for the project and 29 against (72 %) the project. Requested Council Direction Staff is recommending that a letter and the attached map providing the results of the questionnaire be sent to all of the residents in the west oaks area. The letter will state that not further action will be taken by the City Council at this time due to a lack of interest in the West Oaks Utility Improvements project. 1 S. • • • • a 4, • • • •••••••••••••••• d o 4" FORCEMAIT1 w CA 0' LLI cL a uJ LUI- < 0) 0 z 0 C) uJ I- X LLI uJ 1— W (r) a. 0 1— z -cs 0 (7) 17-. 11.1 uJ a. 0 LLJ JANUARY 7, 2008 Ce 0 1— >- >- 0_ 0 f) 0 0 Cs1 I.-. D D iri I— 1— >.- CA • CO (.0 0 EL I- — w _• 71 11 0) o a W Er] FO >" H LL -05 70 1— 0 i 0 - < < U) W w ELL Z LL LL 5 M .7 x i— 1— O 0 u) W 0 < u. Z LL w I— I— .7 ( Y z (...) 0 0 o 0 W W< LL To —3 —, I— I- 0 0 0 0 0 CY X w W I I— i-0 F) Q a_ u) z z w w F- LU W CL M Z 2 5i— I— 1.0 W W Z Z 0 > >w W (7) re X W 10 0 0 2 2 Lc 0_ 0- > > 5 2 0 0 (I) w Ce a 0_ I— I— 0_ CO U) Z z M M — J •rt .7 c c c e 0 O 000z < < L.L. u.. II 1 fl 119 • WS — Item 4. WORK SESSION STAFF REPORT Work Session Item 4. Date: January 7, 2008 To: City Council From: James E. Studenski, City Engineer Re: Traffic Noise Abatement Study (35W Corridor) Background In July 2007 the Minnesota Department of Transportation (MNDOT) contacted the City regarding the Metro Division Highway Traffic Noise Abatement Study. MNDOT analysis of the results of this study ranked the area north of 35W from Sunset Road to Savannah Court, as shown on the attached map as having a high priority for noise wall construction. The study took into account the residential density of the area, proximity to 35W and the noise impact based on readings taken in the area. This item was discussed at the October 1, 2007 work session meeting. On October 29, 2007 a neighborhood meeting was held with residents from 50 properties on the north side of 35W between Sunset Road and Savannah Court in attendance. All the residents in attendance expressed support for the construction of a noise wall except for Pomp's Tire, a commercial business located on Apollo Court. The noise wall will be approximately 2,320 feet long, 20 feet high and will be made up of large concrete posts and wood planking. To minimize tree pruning, tree removal, tree replacement and the impact of wall construction on adjacent properties the wall alignment will vary form 10 to 20 feet from the right -of -way line of 35W. Noise wall planking will be placed on the residential side of the wall when it is 10 feet from the right -of -way line and will be placed on the 35W side in all other locations. Also attached are the MNDOT preliminary plans for the noise wall. MNDOT has estimated the wall cost to be approximately $835,000, which will be 100% percent funded by the MNDOT noise abatement program. Any costs for additional noise wall aesthetics or additional plantings will be the responsibility of the City. MNDOT and the City have completed the preliminary phase of the noise wall design; the next step will be a resolution authorizing MNDOT to complete plans and specifications and construct the noise wall. The project schedule will depend on MNDOT funding with the contract to be tentatively awarded in the either the fall of 2008 or the fall of 2009. Requested Council Direction Staff is requesting approval to prepare a resolution authorizing MNDOT to complete plans and specifications and construct the noise wall. This resolution will be presented for consideration at the January 28, 2008 Council meeting. 1 G. Q 2 W U) 2 0 w cc z 1- w w 2 0 0 0 m W 2 c) N cc co W 0 U 0 J O i w z O a w z F= w w 0 0 0 CO W z J J W N z c O N 2 2 a JANUARY 7, 2007 DID NOT SUBMIT A RESPONSE w w 1- 0 0 z D 0 0 ✓ w (/) 2 ENGINEERS • ARCHITECTS • P1. ti 0 o W Cr O ti 0 0 0 • • 0" 0 0 0 —/ NOTES: m ' 0 aA# 0 - ALL LOCATIONS WHERE THE NOISE WALL IS LOCATED 10' FROM THE RIGHT OF WAY; THE PLANKING WILL BE ON THE RESIDENTIAL SIDE. ? R Q1 PRUNE I49. 0 0 Op ---- ARE - AT ALL OTHER LOCATIONS„ THE PLANKING V-ILL BE OW THE HIGHWAY e.0 \ Q 0 WILL SIDE. 0 0 O f> C1 g ) - THE SIDE THAT HAS THE PLANKING WILL REQUIRE APPROXIMATELY -. o / 0 0 A 10' WIDTH OF WORKING AREA. 0 / x- - THE NOISE WALL HORIZONTAL ALIGNMENT HAS BEEN SET SO THAT ALMOST /// ALL INPLACE EVERGREEN TREES CAN BE SAVED. hi/ b p - ALL PRUNING SHALL BE KEPT TO A MINIMUM TO INSTALL THE NOISE WALL. � >i- 0 0 THE MAXIMUM AMOUNT OF PRUNING SHALL BE NO MORE THAN 507. OF THE 0 x >P h TOTAL TREE HEIGHT. o° 0 00 °� ° TOEERIGHT OF WAY AND EASEMENTS SHOWN C3 [) x p a ' /\ �, 14g00ef> ON THE PLAN SHEETS GIVE A GRAPHICAL 0 0 x->f- ` 0 � LOCATION WITH RESPECT To THE GEOMETRIC 0 ° 0 0 ? ?� \ >F DESIGN AND MAP DATA. THE EXACT RIGHT OF 0 p / \ A / WAY, EASEMENTS, AND BOUNDARY CORNERS CD �O. d 0 \ © ARE LOCATED BY REFERENCE TO THE RIGHT OF 00 0 WAY PLATS AND ARE IDENTIFIED ON THE RIGHT OF WAY MAP, WHICH SHALL BE USED FOR STAKING �'J p PURPOSES. �y J 11 0 I 0 .10 0 c 0 0 RESIDENTIAL ON THE RIGHT IMPACT PURPOSED � 0 0 0, / / / O dp x � TREES BRANCHES THAT in OF WAY FENCE OR In NOISE WALL. = F- m V) O ti 1.r) U p p m p >(- X {} c0 0 0* , >(" (JD °� i -D I I 0 0. Q I I 0 >( 0 23 * mo 0 p L`1 0 NO _= k 0 amm 0 0 0 1485 109th AVE. 0 O O 0 0 0 °0 �-'� - 0 0 © ,� 1 01 01 00 / 0 �{ >( >F 00 '1Ill a o P �, P� 05 0 0 R/W s3 >Fgt'� 0 E? 00 0 i► X �.,, )Q / �.. _ .... . - - - 00 0 0 0 0,� ) 00 ; 1/- ®vim 0,.. - 1 --20' ` :._,L- 15' INPLACE BR. NW, ,LL ` NO. 9831 n b. ----------------- - - - - -6135— �� 6yir IT. H. 35W 5B, 8 1 1 1 N 1485.00 II �� u n s T.H. 35W NB L T.H. 35W NB 11 I I 0 0 0 '` 0 �8 C? 0 0 0m E fl / / X 0 �( >F >F - 14850 R/W / 0 a �,_ 0/ / ° ,�,�. a fa 0 0 Ri1y / 0 0 0 0 / .x- _ --` 11P >F / 1 >F >f x- 0 C? 1 / 11 LEGEND ' J CLEAR AND GRUB - TREE TRANSPLANT - TREE >( (� / 7 \ --"" 0� / / m 0/ / '� 8$0e 'iiiiiiiiii�•iiiii' CLEAR AND GRUB - ACRE O % Li x :144 0 0 ST. / / v lJ L P TREE PRUNING o • ::::N:: 0 Od 0 >F 0 \ — 0 0 P o 01 100 INPLACE RIGHT OF WAY EVERGREEN TREE DECIDUOUS - TREE ' NOISE MODELING RECEPTOR LOCATION �� fl 4 Qa 0 t 0 m >(- 0 0 SCALE IN FEET L 0 \ N� �0. O 0 0 T' 18 ��, 0 �, e° SHEET 1 OF 2 INPLACE UTILITY, TOP•G „ PHY AND REMOVAL PLAT ' STATE PROD, NO, 0280 -57 (T.H. 35W) SHEET NO. OF SHEETS DRAWN BY: LM CHECKED BY: HS CERTIFIED BY LTC. N0. 20534 DATE 200X LICENSED PROFESSIONAL ENGINEER • NOTES - ALL LOCATIONS WHERE THE NOISE WALL IS LOCATED 10' FROM THE RIGHT OF WAY; THE PLANKING WILL BE ON THE RESIDENTIAL SIDE. - AT ALL OTHER LOCATIONS, THE PLANKING WILL RE ON THE HIGHWAY SIDE. -J ---1P 0 0 0 00 it 000 LK� /( /0 / / / ( 0 SAVANNA CT. o ) I0mo0-) �0 • PAP P1wP P P —20' 0 00 0 00 0 xc R/� xC 0 R/W * >(- * 0 0 0 NOTE: FOR GENERAL NOTES SEE SHEET NO. ___. 4% .k - "k "( X Ot t X x x, 3(- +- v *in"- , s+a►+n+a�'a,.s „,. P P P P P P P PAP PP P P P'' P PP PP P PPP PPP P PP 0 r— J .__ 0 LEGEND DRAWN BY: LM CHECKED BY: HS CERTIFIED BY P • xc NW LL S 35 11 11 11 T.H. 35W NB 11 100 CLEAR AND GRUB - TREE CLEAR AND GRUB - ACRE TREE PRUNING TEMPORARY FENCE REMOVE FENCE INPLACE RIGHT OF WAY EVERGREEN - TREE DECIDUOUS - TREE NOISE MODELING RECEPTOR LOCATION 15' r W Jh N 199000 00 0 0000 0 0 0 0 R/W 10' APQt t o DR 7175 1 11 11 R/W 00 CB 00 0 3 �,p 0 100 0 0 / / 0 ( / 1 10 9000 0 \ SCALE IN FEET SHEET 2 OF 2 INPLACE UTILITY, TOPOGRAPHY AND REMSVAL PLAN LICENSED PROFESSIONAL ENGINEER LIC. N0.20534 DATE 200X STATE PROD. NO. 0280 -57 (T.H. 35W) SHEET NO. OF SHEETS • • • WORK SESSION STAFF REPORT Work Session Item 5 Date: 7 January 2008 To: City Council From: Daniel Tesch, Director of Administration Re: Advisory Board Appointments Background We have extended the deadline for advisory board applications to 14 January. Please bring your calendars so that new dates for interviews may be set. Requested Council Direction Attachment(s) Work Session Item Memorandum To: Honorable Mayor Bergeson and City Council Members From: Daniel Tesch, Director of Administration Date: 7 December 2007 RE: 2008 Annual Advisory Board Appointments The following is a list of individuals whose appointments as advisory board members will be expiring at the end of the year. Park Board — Four Vacancies Seeks Reappointment George Lindy yes Katie Boyle no Paul Montain no Kathi Gallup (city council) no New Applicants Planning and Zoning Board — Two Vacancies Seeks Reappointment Robert Nelson yes Perry Laden yes New Applicants Harvey Karth Economic Development Seeks Reappointment Advisory Committee — Three Vacancies William Combes Yes Kirk Corson Yes Joan Kuschke No New Applicants Environmental Board — Three Vacancies Seeks Reappointment Martha Dehaven Yes Mary Jo O'Dea Yes Paul Traylor Resignation — term expires 2009 New Applicants Pam Hartley • • • Circle Pines Gas Utility Seeks Reappointment Vern Reinert Yes • • • 9154, EA. Work Session Item Memorandum To: Honorable Mayor Bergeson and City Council Members From: Daniel Tesch, Director of Administration Date: 7 December 2007 RE: 2008 Annual Advisory Board Appointments f (4-c7.4: —7Zoo The following is a list of individuals whose appointments as advisory board members will be expiring at the end of the year. Park Board — Four Vacancies Seeks Reappointment George Lindy yes Katie Boyle no Paul Montain no Kathi Gallup (city council) no New Applicants Planning and Zoning Board — Two Vacancies Seeks Reappointment Robert Nelson yes Perry Laden yes New Applicants Harvey Karth Economic Development Seeks Reappointment Advisory Committee — Three Vacancies William Combes Yes Kirk Corson Yes Joan Kuschke No New Applicants Joe Stranik Environmental Board — Three Vacancies Seeks Reappointment Martha Dehaven Yes Mary Jo O'Dea Yes Paul Traylor Resignation — term expires 2009 New Applicants Pam Hartley Circle Pines Gas Utility Seeks Reappointment Vern Reinert Yes 3 Jan. 08 Acting Mayor History 2001 Dahl 2002 Reinert 2003 Reinert 2004 Carlson 2005 Stoltz 2006 O'Donnell 2007 O'Donnell 2008 • WS — Item (o • WORK SESSION STAFF REPORT Work Session Item 6 Date: 7 January 2008 To: City Council From: Daniel Tesch, Director of Administration Re: RFP for Personnel Related Audit. Background Please find attached a proposal for a personnel related audit from Springsted Inc. It was the only company that responded to our RFP. Requested Council Direction Identify which of the options the council is interested in pursuing. Attachment(s) Proposal 1 • • Proposal City of Lino Lakes, Minnesota Proposal to Conduct a Human Resources Audit December 10, 2007 LETTER OF TRANSMITTAL December 10, 2007 Mr. Daniel Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 -1182 Re: Proposal to Conduct a Human Resource Audit Dear Mr. Heitke: Springsted, Incorporated is please to submit our proposal to conduct a Human Resource Audit for the City of Lino Lakes. Our firm has assisted numerous jurisdictions throughout the United States in addressing human resources and compensation issues and performing specialized management studies. We have created an extensive management consulting services practice that provides in -depth study and analysis on a variety of topics. Springsted has the staff, facilities and expertise to furnish the services required for this study. Springsted has developed specialized expertise in performing personnel and compensation studies consistent with the scope of services requested by the City of Lino Lakes. An advantage to your organization is our vast experience in the areas of human resources administration. Springsted will bring unparalleled expertise and knowledge on managing a growing city to your study. The qualifications of our firm are discussed in this proposal along with a detailed scope of services, study methodology, project time frame, resumes of the consulting team and list of client references. We look forward working with the City of Lino Lakes and its employees on this important project. We have developed this proposal to include a menu of items so that the City can select those aspects which it feels would be the most beneficial to the City. Respectfully submitted, Ann S. Antonsen, Vice President Consultant mas • • • • Table of Contents LETTER OF TRANSMITTAL 1 CLASSIFICATION AND COMPENSATION 1 A. Project Initiation 1 B. Data Collection 1 C. Preliminary Classifications and Class Descriptions Review 2 D. Job Evaluation and Development of Pay Plan 2 E. Development of City's Pay Philosophy 4 F. Classification Plan Review 5 G. Implementation Strategy 5 H. Staff Training 6 I. Final Report 6 J. Post Contract Maintenance 6 2 TIMELINE 7 3 COSTS 8 4 EXPERIENCE 9 History and Leadership 9 Qualifications 9 Our Clients 10 5 RESUMES 10 6 REFERENCES 13 Mission Statement Springsted provides high quality, independent financial and management advisory services to public and non - profit organizations, and works with them in the long -term process of building their communities on a fiscally sound and well- managed basis. Human Resource Audit 1 1. Human Resource Audit A. Project Initiation B. Position Description • The proposed project approach and study methodology are outlined below. The scope of services, tasks and staffing necessary to successfully complete this project are discussed in subsequent sections of this proposal. Springsted is willing to adjust any aspect of this study to respond to the City' needs. The Springsted Project Director will meet with the City's Director of Administration who has been identified as the designated project manager for this project, and other appropriate personnel to establish working relationships and to finalize a comprehensive work plan and timetable. At this meeting we will request that the City project manager provide us with the background materials necessary to conduct this study, including current position descriptions, job evaluation information, performance evaluation documents and other relevant classification and compensation documents, a copy of each labor agreement currently in effect and other relevant data. This information will be evaluated to determine the status of existing human resource management programs and to identify apparent issues and opportunities. The purpose of the meeting is to: 1. Introduce the Project Director and the consulting team 2. Discuss the background and experience of Springsted and the consulting team 3. Discuss, in detail, the methodology to be used in conducting the study, Ascertain the major issues the City wants the study to address 4. Review the project schedule and determine significant milestones 5. Determine the frequency and content of status reports • In order to assess the existing Classification Plan, Springsted will meet individually with department heads to become familiar with department structure, hiring and retention issues, any concerns with the current classification plan, and any other issues that may need to be addressed during the course of the study. To develop the City's Compensation Philosophy, Springsted will meet individually with City Council members to collect information regarding compensation for the City's union and non -union staff, processes and practices of developing compensation strategies, desired standing relative to the City's established market, and performance based components to the compensation program. Springsted will review each of the position descriptions currently utilized by the City. The content of each description will be analyzed to make preliminary determinations as to whether any changes may appear necessary. The objectives of the positions, the essential duties and responsibilities, required knowledge, • skills, and abilities, and minimum qualifications will be reviewed as well as ensuring that bona fide occupational qualifications, registrations, licensing, City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resources Audit • Human Resource Audit 2 C. Performance Evaluation System D. Job Evaluation certification and special training, if dictated by standards of practice and /or job requirements, are included as minimum qualifications. The physical requirements and working conditions will also be reviewed to determine if they are in compliance with the Americans with Disabilities Act. Sringsted will review and conduct an analysis of the City's current erformance evaluation system to ensure that the system is a fair and objective evaluation system. An objective system ensures that employees are evaluated consistently and fairly. The current system will be reviewed to ensure that the evaluation of individual employees is based on essential job duties and responsibilities, other performance factions, and established goals. In order to address the issue of comparable compensation, job evaluation is the mechanism that ensures that internal relationships are equitable and in compliance with the Minnesota Local Government Pay Equity Act. The City must ensure that it is utilizing an equitable and consistent method of evaluating jobs and relating positions to the compensation plan. The system facilitates proper and equitable comparisons between and among positions, and minimizes the appearance of favoritism in evaluating, rating and ranking jobs. Springsted will review the current evaluation system and make recommendations, if necessary for changes to the current system or recommend that a new system be used by the City. E. Employee Compensation A pay philosophy guides the design of a compensation system and answers key questions regarding pay strategy. It generally takes a comprehensive, long term focus and explains the compensation program's goals and how the program supports the employer's long -range strategic goals. Without a pay philosophy, compensation decisions tend to be viewed from a short-term tactical standpoint apart from the organization's overall goals. Market competitiveness and internal equity are among the most important areas addressed in a pay philosophy. An organization's desired market position involves defining the market and identifying where the organization wants to be positioned within that market. Market position should balance what it takes to attract new employees and to retain skilled employees (in other words, eliminating higher pay as the reason employees leave the organization) with the organization's financial resources. Internal equity expresses an organization's desire to provide comparable pay to job classes with comparable duties and responsibilities. A pay philosophy should be developed that establishes a compensation program based on individual employee performance as a key feature of the pay philosophy. Therefore, we emphasize references to performance in the pay philosophy discussion. As part of the Study, it is recommended that the City consider these concepts in the adoption of a formal pay philosophy: City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Human Resource Audit F. Internal Equity G. Pay for Performance • Providing fair and equitable rates of pay to employees • Defining the City's market area • Developing a system that establishes a "market rate" for each position and states the minimum wage and maximum rates that the City will pay individuals within a position • Establishing rates of pay that allow the City to compete successfully for new employees within its market area • Establishing a market position that is fiscally responsible with public resources • Ensuring that pay rates for existing employees are based on individual performance that meets or exceeds expectations and reflects changing economic conditions • Developing a pay system that allows employees to progress through the pay range as long as their performance consistently meets expectations • Developing pay administration policies and procedures that ensure their consistent application between departments • Ensuring that the compensation program is understandable to employees, managers, the City Council, and the public Springsted will review the current internal pay relationships within the City's current compensation plan to assess if changes are necessary in order to attain an equitable compensation program, ensure reasonable internal pay relationships any that the current system is not creating pay compression, wherein line staff, with their overtime pay are not being compensated at a higher rate that first line supervisors. The City is interested in establishing a performance component to their compensation system. Springsted will, in consultation with the City, develop a performance pay program to meet the City's needs which will be tied to the performance evaluation system utilized by the City, will maintain compliance with the Local Government Pay Equity Act, internal equity and the City's fiscal resources. City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Human Resource Audit 4 • H. Final Report The final report will be a document which contains the following: • A detailed study methodology • Discussion of the consulting team's findings, conclusions and recommendations Springsted staff will meet with designated City officials to present and explain the findings outlined above at a time designated by the Project Director. Copies of study documents will be provided in both in written (in a number to be identified by the City) and electronic form. City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Timeline 5 2. Timeline pride Springsted tak ride in meeting its time commitments. The schedule • to commence this project coincides with Springsted's completion of other studies. This will ensure that the proposed staff members will be available to concentrate on this study for the City of Lino Lakes. Springsted is prepared to initiate the study within two (2) weeks after receiving the official notice to proceed, and will complete the study within two (2) months after receipt of the notice to proceed. There are factors that impact upon meeting the schedule that are beyond the consulting team's control. The proposed time frame is contingent upon a timely decision, the receipt of the data from the participants when requested, the availability of employees to complete position analysis questionnaires and participate in interviews and the timely receipt of feedback and comments on the submitted preliminary data. City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resources Audit Costs 6 • 3. Costs Additional Work/Post Contract Maintenance Springsted Incorporated will perform the tasks as outlined in this proposal for the professional fee of $13,930. In addition to the professional fee, Springsted would bill the City for out -of- pocket expenses such as travel, copying etc. in an amount not to exceed $1,000. This fee includes two employee orientation sessions, meetings with Department Heads, individual interviews with City Council members, two meetings with City Council members and two implementation options. a. Review position descriptions: b. Review performance evaluation system c. Job Evaluation System d. Employee Compensation e. Internal Equity f. Pay for Performance Springsted's 2007 fee schedule is shown below: Principal /Senior Officer Officer /Project Manager Senior Associate Associate Support Staff $210 180 150 135 60 $ 4,140.00 $ 1,250.00 $ 1,640.00 $ 1,500.00 $ 1,800.00 $ 3,600.00 Additional or expanded work beyond the scope of this proposal requested by the City will be billed at a rate of $180 per hour. On -going contract maintenance, requested by the City, would be billed at our then current hourly rates. City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resources Audit Experience 7 4. Experience History and Leadership Qualifications Springsted is one of the largest and most established independent public • sector advisory firms in the United States. For over 50 years, we have continually grown in the range of our client relationships, the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national perspective and local expertise. Springsted is a women -owned business. Three employee- owners lead over 60 Springsted employees. Our headquarters are located in Saint Paul, Minnesota, with additional offices located close to our clients throughout the Midwest and mid - Atlantic states. Organizational effectiveness and human resource productivity are essential in the current environment. Springsted's staff has been advising our clients in these areas for over 25 years. Most recently, with the addition of many new dedicated staff, we are providing a full range of human resources and organizational management improvement studies. In the area of position classification and compensation, our systems are both court tested and copyrighted to deliver pragmatic outcomes. Our services are designed to deliver successful management results for today's governance climate. As management consultants, and because we understand the financial, operational and administrative aspects of local governments and non - profit organizations, Springsted plays an important role in helping clients derive the greatest benefit from their resources while increasing their efficiency and effectiveness. In response to the growing requirements facing our clients, we broadened our range of advisory services to include our Management Consulting Services Group. Extensive knowledge and experience in the fields of municipal management, municipal finance, personnel and local government operations are Springsted hallmarks. Each team member has several years of local government experience in a variety of areas of expertise. This experience helps us recognize the unique qualities of each local government and non - profit client, thus improving the quality and relevance of our studies. City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Experience 8 Our Clients • • Cities, Towns, Townships and Villages • Counties • Special Service Districts • Non - Profit Organizations • Hospitals • Economic Development, Redevelopment and Port Authorities • Electric and Water City • Higher Education Authorities • School Districts • Housing Authorities The states in gold reflect where Springsted's clients are located: The services provided by Springsted Incorporated include: Personnel Management • Analyze compensation and benefit packages • Develop personnel classification and salary studies • Analyze, prepare and develop personnel policies • Prepare personnel rules and regulations/employee handbook • Conduct executive search and selection • Complete staff forecasting services • Implement aut:ojiated job evaluation system — SAFE'5 Management Services • Perform economic development and housing studies • Conduct boundary adjustment and annexation studies • Perform asset utilization analysis • Conduct cost recover- and rate studies • Develop business and financial components of requests for proposals in development agreements • Perform enterprise fund cash flow analysis • Conduct legislative impact analysis • Negotiate agreements with developers and private vendors • Direct pro forma analysis • Produce revenue enhancement studies • Perform tax increment financing studies Organization & Management Studies • Analyze staffing needs — adequacy, reduction, utilization, productivity and supervisory structure • Evaluate and reorganize administrative structure • Complete privatization analysis Financial Management & Planning • Provide comprehensive financial advisory services • Perform financial status studies • Direct cost effectiveness/ reduction studies • Coordinate capital improvement program preparation, development and analysis • Develop debt management or other financial policies • Evaluate simple refunding, advance refunding, restructuring and defeasance bond issue opportunities • Develop joint public /private partnerships • Perform debt capacity studies • Produce special assessment modeling City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Resumes 10 5. Resumes Springsted will assign a consulting team with extensive experience in classification and pay, human resources management, organizational and productivity improvement, financial management and municipal operations. All consulting team members have excellent academic credentials and hands - on local government and human resources management experience. A Vice President of the firm will be available throughout the engagement and actively involved in all phases of the study. • Ann Antonsen, Vice President and Client Representative, will serve as the project director and the City's primary contact for this project. She will coordinate the Springsted project team to ensure that all work products meet the City's needs and objectives. Ms. Antonsen has over 15 years of experience in developing classification and compensation plans for Minnesota public entities and assisting public agencies with pay equity compliance. Karyn Beckjorden, Analyst, will assist in the task analysis of City positions, administration of the salary survey, and development of a new compensation plan. Ms. Beckjorden has assisted and advised clients on employee classification, compensation and benefit issues and job evaluations. She holds a Bachelor's degree in Computer Information Systems with a minor in Human Resources Management from the College of Saint Scholastica. • City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit • Resumes 11 Ann S. Antonsen Vice President Ann Antonsen is an organization and management consultant, specializing in position analyses, classification and compensation studies, performance evaluation studies and in conducting executive search efforts for the public sector. She performs organizational studies, develops personnel policies and manuals and conducts organizational management training. Ms. Antonsen has chosen to bring her wide - ranging skill sets to Springsted, where she will serve clients nationwide. With her strong background in Organizational Management and Human Resources, she will be dedicated to using her well -honed abilities to assist governmental agencies in developing and growing meaningful legacies. Ms. Antonsen has extensive experience in serving government organizations. Most recently, she has worked as a consultant with Labor Relations Associates, Inc., which has served the region for many years, providing management and human resources consulting services. Ms. Antonsen has provided interim HR management services for large suburban communities and regional centers. She brings practical experience in handling the wide variety of issues that face public management. Additionally, she has related human resources experience in both public associations and private corporations. Education University of Minnesota, Minneapolis, Minnesota Bachelor of Arts in Psychology Continuing Legal Education Courses Professional International Public Management Association in Human Resources ( "IPMA ") City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit Resumes 12 Karyn Beckjorden Ms. Beckjorden joined Springsted Incorporated in October 1999 and was Management Services Analyst promoted to Analyst in January 2005. A member of the Springsted Management Consulting Services Team, Ms. Beckjorden assists clients in achieving more effective and efficient organizations through assisting with the design of our computer models that perform valuable organization, classification and compensation studies, using Springsted's copyrighted Systematic Analysis and Factor Evaluation (SAFE ®) system. She builds databases and populates computer models that support clients in activities such as analyzing their user fee systems to provide more equitable and acceptable fee structures for the services they provide their communities. Ms. Beckjorden also assists clients in implementing effective long -range planning activities that help save time, money and efficiencies. Education College of St. Scholastica, St. Paul, Minnesota Bachelor degree in Computer Information Systems (minor in Human Resources Management) Summa cum laude City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit References 13 • 6. References City of Sauk Centre, Minnesota Contact. Vicki Willer, City Administrator 320.352.2203 Town of Fishers, Indiana Contact: Cecilie, Hendrix, Human Resource Director 317.595.3103 Miami County, Kansas Contact: Brenda Carlson, Human Resource Director 913.294.9530 City of Waite Park, Minnesota Contact: Shaunna Johnson, City Administrator 320.252.6822 City of Hagerstown, Maryland Contact: Donna Messina, Human Resources Director 301.739.8577 City of Lino Lakes, Minnesota. Proposal to Conduct a Human Resource Audit • Date: To: From: Re: WORK SESSION STAFF REPORT Work Session Item #7 January 7, 2008 City Council Julie Bartell, City Clerk Gordon Heitke, Administrator Charter Amendment Process WS — Item 7 Background After receiving the report and recommendations of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements in July 2007, the council acted to refer the attached proposed amendment to Chapter VIII of the City Charter (Public Improvements and Special Assessments) to the Charter Commission. This referral follows the process established by state statute for amendments proposed by council (Minnesota Statutes, Section 410.12, Subd. 5). The Charter Commission elected to draft a substitute amendment and submitted such to the city clerk on November 30, 2007. The council received the Charter Commission's substitute amendment at a work session on December 3 and subsequently officially received the document at the council meeting on December 10, 2007. Review Process and Timeline The process for charter amendments is governed by state statute. Amendments may be initiated by the voters (by petition), the council (by ordinance) or the charter commission (by petition or referral to the city council). At this time, the council officially has two proposed amendments before them and state statute establishes the council's options: To the ballot - Under Subdivision 5 of Minnesota Statutes 410.12, the council may submit to the people (at a general or special election) the amendment originally proposed by the council or the substitute amendment proposed by the charter commission. The council is responsible for fixing the form of the ballot or, in other words, approving the ballot language. If either of the amendments is sent to the ballot, they would require for approval 51 percent of the votes cast to be in favor of adoption. By council action - Subdivision 7 of Minnesota Statutes 410.12 establishes an alternative process for charter amendments by ordinance. This section allows a 1 city council to enact a charter amendment that it has received from the charter commission after an established public hearing process and with an affirmative vote of all council members. The amendment would then be subject to a 90 day "waiting period" during which a petition requesting a referendum on the matter may be submitted by the voters. This option would apply only to the charter amendment proposed by the charter commission. The council is not obligated to act on the amendments but if they so desire, the amendment must be in the form of an ordinance and the city charter requirement for two readings would apply. If the council is interested in putting an amendment on the fall 2008 ballot, the key dates are as follows: September 8 September 11 November 4 December 4 Last regular council meeting for council to fix ballot language Anoka County Elections deadline to receive amendment language for ballot Election day — 51% approval required for passage (if approved by voters) amendment becomes effective Requested Council Direction The following is a proposed general schedule and process to accomplish a review of the Charter Commission's substitute amendment. The process and timeline is designed to provide the Council an opportunity to pursue all options, including the lengthiest option of proposing a new amendment different from the Council's original amendment and the Charter Commission's substitute amendment, and providing the Charter Commission the statutory 60 review period and an additional 90 days (should they exercise that option). January 7 Work Session Week of January 21 (January 21 is a legal holiday) February 4 Work Session February 18 March 3 Work Session March 17 Initiate technical review of the Charter Commission's substitute amendment by bond counsel, financial advisors and city staff Optional work session, if needed Review, discuss technical review report and recommendations, provide further direction Optional work session, if needed Review, discuss any additional directed work Optional work session, if needed 2 • • March 24 Regular Meeting First reading of ordinance, if a new amendment is proposed April — September Charter Commission review, if a new amendment is proposed September 8 Regular Meeting Second reading of ordinance, if a new amendment is proposed. Last regular council meeting for council to fix ballot language Attachment(s) 1. Ordinance No. 07 -07 Amending Chapter 8 of the Lino Lakes City Charter, regarding Public Improvements and Special Assessments; 2. Charter Commission substitute amendment to Chapter 8. 3. Minnesota Statutes, Section 410.12 3 • • • 1't Reading: Jul 9, 2007 I Publication: Effective: 2 "6 Reading: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07-07 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes does ordain: Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino Lakes City Charter be and are hereby repealed: cost of the improvement, including all costs and c perCes connected therewith, with Section 8.02. Effective Charte-r Provisions, Except as Provided in governing local improvements and special a - c - s. The ordinance(s) shall provide a complete working code covering the doteFrnination of a °c ecsments and ac. c mcnt districts, public, hearings, appeals from a collection of a.- e ments, penalties for delinquency in making paymente, financing of said a:FP cmcnts, and the certifying of unpaid afeccments for collection by the pr-o& Cou-Rty officer. Said appellate procedure, rc3:7--=.mcnt, if necessary, and all other matters appropriate to the subject of local improvements and asr. R:Part . After the a option of such Section 8.01. Special Assescment Procedure. Subdivision 1. All iFripcovernents to be paid for by special acce- cments against four fifths affirmative vote of all of thc Council. The Council rccolution shall state the owners, and chall provide means to obtain a cost estimate which chaff cet forth the coct ectimatc, thc Council shall by resolution seta date for a public hearing on the propoced the City no lass than two (2) weeks prior to the date of said hearing, and in addition price thereof shall be mailed to cach benefitted property owner at /her last known notice, or any defects in the notice, chall not invalidate the proceedings. At such on thc propoced improvement. If within such sixty (60) day period, in a petitioning the Council. Ct rhriire'i Jinn 2 �e+r,o►r- 1{t+e.e+ '+f the .�r•..,,,r,:...tir. .�f /S/\� �1,.in!/�n nl.�''}f + •...� }c L. t t.�•v �vviV:1, v(�•.��! less than one hundred (100%) percent of thc estimated cost of the proposed improvement is to be paid for by cpcciol ac ceccments, connection charges, or any • • • Subdivision 1. When a propoc ed improvement is disallowed under the foregoing Section 8.05. Accssmcnts for Services. T c Council may provide by ordinance owners, cuch property wners may after the -Fnailiing of notio" of a public hearing, Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.01 to read as follows: Section 8.01. Local Improvements Defined; Charter Provisions Effective. Subdivision 1. For the purposes of this Chapter, the term "local improvements" means any public improvements financed in whole or in part from special assessments. Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) each parcel is considered one behalf of any additional ownersnof that parcel: entity ign an objection or pet and (b) if iti the same person or entity owns more than one parcel affected by a local improvement, that person or entity may sign an objection or petition only once; and (c) for the purpose of identifying recipients of any notice under this Chapter, owners are determined in accordance with Minnesota Statutes, Section 429.031, subdivision 1. Subdivision 3. The City may undertake any local improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such local improvements. The principal amount of special assessments for any local improvements shall not exceed the cost of the improvement, including all design, financing and related costs, and shall not exceed the benefit to the property determined in accordance with state law. Subdivision 4. Local improvements shall be carried out exclusively under the provisions of this Charter, except to the extent otherwise provided in Section 8.02. Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.02 to read as follows: Section 8.02. Local improvement Procedure. Subdivision 1. Local improvements shall be carried out in accordance with state law, except as provided in this Section. Subdivision 2. If more than 50 percent of the owners of the real property abutting on the streets named in the mailed notice of the improvement hearing under Minnesota Statutes, Section 429.031, subdivision 1 sign written objections regarding the local improvements, and file such objections with the city clerk prior to the improvement hearing or present such objections to the presiding officer at the hearing, then after the hearing the council shall schedule a special meeting to be held at least 45 days after the date of the hearing. At least 10 days prior to the date of the special meeting, the city shall publish notice of the special meeting and mail notice of the special meeting to all owners who received the initial notice under Section 429.031, subdivision 1. Such published and mailed notice shall include all the information provided in the initial mailed notice, along with a statement as to the number and percentage of affected owners who filed objections at or before the hearing. At the special meeting, the council shall hear additional testimony on behalf of any objecting property owners, and may consider further written or oral testimony from appropriate city officials and other witnesses, as to the nature of the local improvements, the advisability of proceeding with such local improvements, the proposed financing for such local improvements, any proposed amendments to the plans or financing for such local improvements, and the methodology used to calculate individual special assessments for such local Subdivision 3. A resolution ordering the local improvements (as such improvements may have been amended in response to the hearing or special meeting • • IP • • under Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition. the resolution may be adopted only by vote of four -fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution, a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written obiections regarding the resolution, and file such obiections with the city clerk prior to the effective date of the resolution, the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision 2 will not constitute objections under this Subdivision 3. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not apply to the subject local improvements, and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be. in accordance with state law, except as otherwise provided in this subdivision. Notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the local improvement has been petitioned for by not fess than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four-fifths of all members of the council. Section 4. That Chapter 8, Section 8.07, of the Lino Lakes City Charter be amended to read as foliows: Section 8.0,73. Local Improvement; Special Provisions. Subdivision 1. Except as provided in Subdivision 3, i In the geographic areas of the City described in Subdivision 2, the construction of local improvements, the levy of special assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described as foliows: AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid • Highway #23 intersection (Lake Drive) -All Government Lot 1, Section 30, T31, R22, PIN. 30- 31- 22- 210001 - That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway #49 (Hodgson Road) right -of -way AREA NO. 2 - Interstate 135E and County Road 242 (Main Street) 1 nterchange - Northeast one quarter (1/4) of Section 24 - That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street - East one half (1/2) of the southwest one quarter (114) of Section 24 - East one half (1/2) of the northwest one quarter (1/4) of Section 24 AREA NO. 3 Interstate 135W and Trunk Highway #49 (Lake Drive) Interchange - North one half (1/2) of the southwest one quarter (1/4) of Section 18 - That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying north of the Interstate 135W right -of -way - That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway #49 (Lake Drive) right -of -way - All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as follows: beginning at a point at the intersection of the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4) with the east right -of -way line of Trunk Highway #49; thence northeasterly along said right - of-way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5 (+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning. - The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park properly - The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4) of Section 8 - The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 - The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quaff e-r (1 r4) of the southwest one quarter (1 %4) of Section 8 Subdivision 3. Whon construction of local improvcments, the levy of cpccial • • • • occupied 7esidcn.t al unit c istcd -on S ptember 30, 1993, the owner /occupant of such to be levied against his /her parcel. Such petition chall be flied with thc City at or before Am improvements eronctructcd by thc City. Any notice of hearing mailed to Evueh single to thc accecsncnts as granted in this paragraph. This exception terminates on the first day that an owner occupied recidcntial unit no longer exists on the pared of real i4Faisge-P. John Bergeson, Mayor Attest: Julianne Bartell, City Cierk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • The Lino Lakes Charter Commission has completed its review of Ordinance 07 -07, proposing amendments to Charter Chapter VIII, Public Improvements and Special Assessments. We understand the concerns being raised by the City Council. Rather than simply approve or reject the Council proposed amendment, we have prepared a substitute amendment that we believe strikes a better balance between the concerns of the City Council and the concerns shared by many Lino Lakes residents. We also recognized the opportunity to clean up confusing language, clarify procedures, and generally make Chapter VIII of the Charter more readable and useful to everyone. Attached is the substitute amendment proposed by the Charter Commission. The most significant provisions are as follows: 1. A referendum is no longer required for a road reconstruction project. When a project would be paid for out of the general revenue fund, taxpayers may petition for a referendum. This preserves the rights of the taxpayers to stop projects, while also requiring that enough taxpayers sign a petition. 2. Special assessment projects may be initiated in three ways. One, if all the property owners agree to pay all of the cost of the project, as in the existing Charter, the City Council may approve the project just as described in state law. Two, if more than 25% of the property owners (but less than 100 %) petition for a project, the City Council may order a feasibility study by a 3/5 majority. Three, the City Council itself may initiate a project by a 4/5- majority vote. 3. After the feasibility study is done, notices are sent to the affected property owners with enough detail to let them know how the public improvements will change the look and use of property around them, and an estimate of their special assessment. 4. The feasibility study will need to include alternatives, so that the residents and the City Council can see what it would cost to do some, rather than all, of the project. Those alternatives also would be included in the information sent to the affected property owners. 5. Property owners would be given a chance to indicate which alternative they prefer. Rather than building or rejecting an entire project, this will give the City the flexibility to do special assessment projects approved by the neighborhoods. The Charter Commission respectfully recommends that the City Council place this amendment on the ballot in November of 2008. Respectfully submitted, Cori M. Duffy Chair, Lino Lakes Charter Commission SUBSTITUTE AMENDMENT TO CHAPTER 8 RECOMMENDED BY THE CHARTER COMMISSION Section 8.01. Power to Make Improvements. Subdivision 1. Power. The City may make any type of public improvements not forbidden by law. Subd. 2. Local nature of improvements. All public improvements funded in part through either general revenue or special assessments shall be primarily designed to give a direct benefit to property currently occupied by residents or businesses in the City. Public improvements primarily designed to open up new areas of the City for development may not be funded in part through general revenue or through special assessments (except as provided in Section 8.04, Subd. 3 below). Section 8.02. Relation to State Law. Except as otherwise specified in this Charter, the City shall follow the procedures set forth in state law relating to local improvements and special assessments. Section 8.03. Power to Impose Special Assessments. Subdivision 1. Need a special benefit. The City may impose special assessments to pay for all or a part of the cost of the public improvements when the public improvement provides a special benefit to adjacent or nearby properties, except as provided in Subd. 2 below. Subd. 2. Street maintenance. The City shall not impose special assessments for maintenance of its streets. Maintenance includes overlays, sealcoating, and other improvements to care for the street surface between the date the street was constructed and the date the street will be reconstructed. Subd. 3. Sanitary sewer connections. When public improvements include sanitary sewers, the City shall not require an adjacent or nearby property to connect to those sewers if the property is served by a properly working private sewage disposal system (e.g., a septic system). The property may be required to connect to the sanitary sewer system when either the private sewage disposal system fails, or the property is conveyed to a new owner, whichever occurs first. Subd. 4. Uniformity and maximum. Special assessments shall be imposed uniformly on similar properties. The special assessment on each property shall not exceed the benefit to that property. • • • Section 8.04. How to Initiate Public Improvements for Which Special Assessments may be Imposed. Subdivision 1. Policy. The City desires to protect existing residents and businesses from having to pay special assessments for public improvements they do not want. Therefore, the process for initiating public improvements is restrictive. Subd. 2. Three ways to initiate public improvements. Special assessments may not be imposed for public improvements unless the public improvements are initiated in one of the ways described in subdivisions 3, 4, and 5 below. Subd. 3. Petition signed by 100 %. The owners of 100% of the property proposed to be specially assessed for public improvements may present a petition to the City Council. The petition shall generally describe the public improvements to be studied, and specifically identify the property proposed to be specially assessed. The petition must be accompanied by an agreement that these owners agree to pay 100% of the cost of the public improvements. Upon receipt of such a petition and agreement, the City Council may adopt a resolution to initiate these public improvements by a simple majority vote. These public improvements need not comply with Section 8.01, Subd. 2 above. Aside from the requirements of this subdivision, state law shall govern these public improvements. Subd. 4. Petition signed by 25% or more. The owners of more than 25 %, but less than 100 %, of the property proposed to be specially assessed for the public improvements may present a petition to the City Council. The petition shall generally describe the public improvements to be studied, and specifically identify the property proposed to be specially assessed. The City Council may adopt a resolution ordering a feasibility study for these public improvements by a majority vote of all members of the City Council. In determining whether sufficient signatures are present on the petition, the following four rules shall be followed: (1) The signers must own at least 25% of the total number of lots proposed to be specially assessed. For unplatted property, each existing parcel of land shall be considered one lot. The owner of a small lot gets one vote, the same as the owner of a large lot. (2) If more than one person owns a particular lot, only one signature will be counted for that lot. (3) If more than one lot is owned by a person, that person's signature will be counted only once. (4) If multiple owners of a lot also own an additional lot or lots, only one signature will be counted for all the owners and all their lots. This is intended to keep any one owner from dominating the process. -2- Subd. 5. No petition. The City Council may initiate public improvements without a signed petition. The resolution shall generally describe the public improvement to be studied, and specifically identify the property proposed to be specially assessed. The City Council may adopt a resolution ordering a feasibility study for these public improvements by the affirmative vote of four -fifths all members of the City Council. Section 8.05. Feasibility Study. Subdivision 1. Contents. Once public improvements have been initiated under Section 8.04, Subd. 4 or Subd. 5, the City Council shall direct staff to do a feasibility study. In addition to any requirements under state law, the feasibility study shall contain the following information: (1) a list of the recommended public improvements; (2) changes in the appearance or use of property, such as trees to be removed, easements acquired, and new or changed storm water facilities; (3) the projected cost for the recommended public improvements; (4) a list of the properties proposed to be specially assessed for the recommended public improvements; and (5) an estimated special assessment per lot for the recommended public improvements. Subd. 2. Alternatives. If more than a single public improvement (e.g., street lights) is proposed, the feasibility study shall include information on alternatives, such as doing individual improvements or doing different combinations of the improvements (e.g., just streets, streets and street lights, streets and curb and gutter, streets and sanitary sewers, etc.). If one of the public improvements is reconstruction or other work to improve an existing street, one alternative must be to do only the street. The feasibility study shall contain the information listed in Subd. 1 above for each of the alternative combinations. Section 8.06. Public Hearing. Upon being notified that staff has completed its feasibility study, the City Council shall adopt a resolution scheduling a public hearing on the proposed public improvements. The hearing shall be scheduled for a date at least two weeks away. In addition to the requirements in state law, the notice of the public hearing that is sent to the property owner shall be sent by certified mail, and shall include the information described in Section 8.05. Section 8.07. Indication of Preferences. Subdivision 1. Waiting period. After the public hearing, there shall be a period of at least 60 days prior to the next City Council action on the proposed public improvements. Property owners proposed to be specially assessed are given this 60 -day period so that they may indicate their preference regarding the proposed public improvements. Each indication of preference -3- • • • • • • shall be in writing, signed by the property owner, and state whether the property owner prefers all, a specific one of the alternative combinations, or none of the recommended public improvements. Subd. 2. Preferences counted. Property owners who signed a petition to initiate the public improvements shall be considered to have indicated a preference for all of the public improvements described in the petition, unless they indicate a different preference during the 60- day waiting period. The restrictions on who may sign a petition, described in Section 8.04, Subd. 4 above, also apply to determine who may indicate a preference. If multiple owners of a lot or lots indicate different preferences, no preferences shall be counted for that lot or lots. Subd. 3. Utilities in streets. Some utilities typically are installed during street improvements, which usually costs less than constructing the streets and utilities separately. If property owners prefer an alternative which results in a street being improved without utilities recommended by staff, then the utilities may not be installed in that street within five years after completion of the street, unless the installation of utilities and any related street repair will be paid for without using any of the City's general revenue. Section 8.08. City Council Action. Subdivision 1. Approval of preferred alternative. At the first regular City Council meeting occurring after the 60 -day period ends, the City Council shall approve the alternative which was preferred by the largest number of property owners. If the largest number of property owners indicated a preference that none of the recommended public improvements be constructed, then the City Council shall not approve any of the proposed public improvements. Subd. 2. Second waiting period. If the preferred alternative is to have some or all of the public improvements constructed, then there shall be a period of at least 60 days between the day the City Council approves the preferred alternative and the date of the next City Council action on the proposed public improvements. Taxpayers are given this 60 -day period so that they may petition for a referendum as provided in Section 8.09 below. Section 8.09. Taxpayer Referendum. Subdivision 1. Petition. When a proposed public improvement is to be funded in part through general revenue, the taxpayers of the City may petition for a referendum on the public improvements. Any registered voter may sign the petition for a referendum. To trigger a referendum, the number of valid signatures on the petition must equal or exceed 12% of the number of votes cast for mayor in the last mayoral election. -4- Subd. 2. Timing. Prior to the first regular City Council meeting occurring after the end of the 60 -day period described in Section 8.08, Subd. 2, the taxpayers must submit their petition for a referendum to the City. If the petition is not submitted prior to that meeting, or does not have sufficient valid signatures, no referendum is required. If the petition is timely submitted, with sufficient valid signatures, the City Council shall order the public improvements to be placed on the ballot at the next general or special election. Subd. 3. Voting. The ballot shall ask voters if they want to use general tax dollars to pay for a portion of the described public improvements. The actual ballot language shall give a general description of the public improvements proposed to be constructed. Subd. 4. Public improvements rejected. If a majority of those voting on the issue are opposed, the City Council shall not proceed with the proposed public improvements. The City Council may not initiate the same or substantially similar public improvements within the next 12 months. Subd. 5. Public improvements approved. When proposed public improvements are allowed under Subd. 3, the City Council shall adopt a resolution approving the public improvements. If, after bids are received on the public improvements, the proposed contract exceeds the estimates described in Section 8.05 above by more than ten (10 %) percent, the City Council may not award the contract for the proposed improvement. The City Council may rebid the public improvements once. Section 8.10. Specified Commercial Area. Subdivision 1. Not as restricted. The area described in Subd. 2 below is not subject to the restrictions set forth in Sections 8.04 through 8.09 above. However, certain single family residences are protected in this area as indicated in Subd. 3 below. Subd. 2. Area description. This is an area generally known as the intersection of Interstate 35W and Trunk Highway #49 (Lake Drive).. More specifically, this area is described as follows: - the north one half (1/2) of the southwest quarter (1/4) of Section 18; and - that part of the south one half (1 /2) of the southwest quarter (1/4) of Section 18 lying north of the Interstate 35W right -of -way; and - that part of the southwest quarter (1/4) of Section 17 lying west of the Trunk Highway #49 (Lake Drive) right -of -way; and - all of the northwest quarter (1/4) of Section 17, except that part of the southeast quarter (1/4) of said northwest quarter (1/4) of Section 17 described as follows: beginning at a -5- • • • • • point at the intersection of the south line of said southeast quarter (1/4) of the northwest quarter (1/4) with the east right -of -way line of Trunk Highway #49; thence northeasterly along said right -of -way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 feet (+ or -) to east line of said southeast quarter (1/4) of the northwest quarter (1/4); thence south along said east line 588.5 feet (+ or -) to the south line of said southeast quarter (1/4) of the northwest quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning; and - the north 720 feet of that part of the southwest quarter (1/4) of the northeast quarter (1/4) of Section 17 lying west of the Anoka County Park property; and - that part of the north one half (' /z) of the northeast quarter (1/4) of Section 17 lying west of the Anoka County Park property; and - the south one half ('/2) of southeast quarter (1/4) of the southeast quarter (1/4) of Section 8; and - the southeast quarter (1/4) of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 8; and - the east 330 feet (+ or -) of the northeast quarter (1/4) of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 8. Subd. 3. Single family residences protected. Special assessments shall not be imposed on a single family residence if the residence meets all three of the following criteria: (1) The residence is located within the area described in Subd. 2 above; and (2) At least 80% of the residence is used exclusively as the owner's residence, and not for a business; and (3) The residence has been owner- occupied since at least September 30, 1993. If the residence was empty between owners, this still counts as owner occupied. Subd. 4. Notice and objection. When public improvements are proposed which would result in special assessments on a single family residence located in the area described in Subd. 2 above, the City shall send a certified letter to the owner of the residence prior to the first public hearing on the proposed public improvements. In addition to the requirements in state law, the letter shall inform the owner that the owner will not be specially assessed if (a) the owner's residence meets the three criteria in Subd. 3 above (which shall be listed in the letter), and (b) the owner gives the City Clerk a written statement, prior to the close of the public hearing, that the owner objects to being specially assessed. -6- Subd. 5. Effect of objection. The City shall not assess an owner who submits a signed written statement objecting to being specially assessed, as described in Subd. 4, unless the City can prove that the single family residence does not meet the criteria in Subd. 3 above. Subd. 6. Later connection. If the public improvements include utilities and the owner connects to one or more of those utilities within five years after the completion of construction of the improvements, then the owner shall be considered to have consented to being specially assessed for the public improvements. The City may impose the special assessments at that time, in the amount that would have been imposed had the owner been specially assessed when the public improvements were constructed. • • • 1 V. 1L., 1v111111VJVLa U LCLLLLliJ Gk./kJ / Pr k0 SOartef 0 House i Senate i Joint Departments and Commissions 1 Bill Search and Status 1 Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 410 Table of Contents rage i or .� Legislature Home i Links to the World 1 Help 1 Advanced ; 410.12, Minnesota Statutes 2007 Copyright © 2007 by the Office of Revisor of Statutes, State of Minnesota. 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed 0 amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ) County of ss. being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were 411 made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed (Signature of Circulator) http : / /ros.leg.mn/ bin / getpub .php ?pubtype= STAT_CHAPSEC &year = current& section = 410.12 &im... 1/2/2008 -r .., lYllllll\.rJVLLI UICLLULI.J Gk./kJ / Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original, charter. The form of the ballot shall be fixed by the goveming body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four -fifths vote rage z of .5 • • • http : / /ro s. leg. mn / bin / getpub .php ?pubtype= STAT_CHAP_SEC &year = current &section = 410.12 &im... 1/2/2008 • ........ 1.. A. .au�..vv..a.. v�....ww.� a. vv of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. • The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the •ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1 • Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. 1 agc .J 01 J http: / /ros. leg.mn/ bin / getpub .php ?pubtype= STAT_CHAP_SEC &year = current &se ction= 410.12 &im... 1/2/2008 • • • WS — Item 8 WORK SESSION STAFF REPORT Work Session Item #8 Date: Council Work Session, January 7, 2008 To: City Council From: Gordon Heitke Re: Professional Services RFPs Background It is a common practice that local governments periodically send out requests for proposals (RFPs) for ongoing professional services. The Council has discussed seeking proposals. As previously communicated to council members, this activity was delayed to this time for multiple reasons. Staff is prepared to undertake this process at this time. Requested Council Direction Staff is looking to the Council for any additional direction regarding services for which proposals should be requested. 1 • • • Date: To: From: Re: WORK SESSION STAFF REPORT Work Session Item #9 January 7, 2008 City Council Gordon Heitke, Administrator Julie Bartell, City Clerk Data Policy WS — Item 9 Background The council has discussed the establishment of a communication policy that would formalize procedures for requesting and responding to data requests submitted by council members. In preparing a policy proposal, it became evident that including an update of the city's guidelines and procedures for all data practices would be an appropriate addition to the scope of the project. Cities within the state are required to follow data practice law as set forth in state statute. The attached document, City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practice Act, is based on policy standards used by other cities that have been compiled based on state data practice law. The document would be used to guide how the City will store, collect and dispose of data as well as how that data is classified — public, private or confidential. Further, the document establishes our city's guidelines and procedures for providing access to data, including our expectations relative to response time and circumstances where data charges are instituted. Staff has added to our access process a Data Request Form that will be available on the City's Web site. The policy and procedures regarding council data requests is set forth in Section X of the document. Requested Council Direction Staff is presenting for council review a guidelines and procedures document that includes all of the compliance elements to the Minnesota Government Data Practices Act as well as a section denoting guidelines and procedures for city council access to data. Formal approval of the document will be requested when deemed appropriate by the council. Attachment(s) City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practice Act, 1 • • • City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices Act Drafted on Approved by the City Council on Purpose of the procedure: Insure that requests for government data are received and processed in an appropriate and prompt manner Associated Regulations: MN Govemment Data Practices Act (MGDPA) Responsible Authority and Data Practice Compliance Officer: Julie Bartell, City Clerk 600 Town Center Parkway Lino Lakes, MN 55014 Minnesota Government Data Practices Act Guidelines & Procedures - 1 - City of Lino Lakes TABLE OF CONTENTS INTRODUCTION 2 I. RESPONSIBLE AUTHORITY 2 II. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA 2 A. Collection 2 B. Storage and Disposition .3 III. CLASSIFICATION OF GOVERNMENT DATA 3 A. Data on Individuals 3 B. Summary Data 4 C. Data not on Individuals 4 D. Juvenile Records .5 IV. ACCESS TO PUBLIC DATA 6 A. People Entitled to Access 6 B. Form of Request and Response 6 C. Fees 6 V. ACCESS TO DATA ON INDIVIDUALS 7 A. People Entitled to Access .7 B. Form of Request 8 C. Identification of Requesting Party 8 D. Time Limits .8 E. Fees 8 VI. DENIAL OF ACCESS .8 VII. COLLECTION OF DATA ON INDIVIDUALS .8 VIII. CHALLENGE TO DATA ACCURACY 9 IX. DATA PROTECTION .9 A. Accuracy and Currency of Data ...9 B. Data Safeguards 10 X. CITY COUNCIL ACCESS TO DATA A. Form of Request and Response 10 B. Fees 11 C. Council Review 11 XI. EXHIBITS List of Designated Employees Responding to Requests for Government Data — Questions & Answers Data Request Form Minnesota Government Data Practices Act Guidelines & Procedures - 2 - City of Lino Lakes INTRODUCTION The Minnesota Government Data Practices Act (MGDPA) gives members of the public, the right to see and have copies of public data that the City keeps. The law also controls how the City keeps government data and what the City tells the public when they ask to see the data the City has. The law says that all the data the City has is public (can be seen by anybody) unless there is a state or federal law that classifies the data as not public. ■ Chapter 13 of the Minnesota Statutes, also known as the Minnesota Government Data Practices Act (MGDPA), is the primary resource the City uses in determining the public /not public nature of data. • Unless there is a specific citation from the Data Practices Act or elsewhere in state or federal law, the City presumes that the data is public. • The requestor has the right to view all public data the City keeps. Questions should be directed to the City Clerk's Office at 651- 982 - 2406. I. RESPONSIBLE AUTHORITY The person who is the responsible authority and data practices compliance official under the Act for the City of Lino Lakes is Julie Bartell, City Clerk, 600 Town Center Parkway, Lino Lakes, Minnesota. The data practices compliance official is the city employee to whom persons may direct questions or concerns regarding problems in obtaining access to information. The responsible authority has designated certain other city employees to assist in complying with the Act and these designees are noted on Exhibit 1 attached to this report. II. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA A. Collection Government data means all data created, collected, received, maintained or disseminated by any state agency, political subdivision or statewide system regardless of the data's physical form, storage media or conditions of use. Government data includes all papers, cards, correspondence, discs, maps, Minnesota Government Data Practices Act Guidelines & Procedures - 3 - City of Lino Lakes memoranda, microfilms, photographs, recordings, reports, tapes, writings, computer medium and other data, information or documentary material. The information collected must be accurate, complete, and current for the purpose for which it was collected. At any time a data subject may contest the accuracy and completeness of the data. Minnesota Statute, Chapter 13, "establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public." Minn. Stat., Section 13.01, subd 3. B. Storage and Disposition The City has adopted the General Records Retention Schedule for Minnesota Cities to guide the retention and destruction of its records. While some records must be kept for a period prescribed by law, a specific retention period for many government records is not prescribed. Those records may not be disposed of without the prior consent of the Records Disposition Panel, a panel of state officials established under Minn. Stat. Section 138.17. Unauthorized destruction of government records is a misdemeanor. Upon request, the City Clerk will prepare a specific "Records Retention Schedule" and provide the necessary forms for the application to dispose of government data. Each City department is responsible for keeping its records in such arrangement and condition as to make them easily accessible for convenient use. III. CLASSIFICATION OF GOVERNMENT DATA A. Data on Individuals Data on individuals is "all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual." "Individual" is defined as a living human being. There are three types of data on individuals: public, private, and confidential. i. Public Data. Public data is data on individuals that is not classified by state statute, federal law or temporary classification as either private or confidential. It is accessible to anyone for any reason. ii. Private Data. Private data is any data on individuals that is not accessible to the public, but is accessible to the subject of the data. Private data includes data that is expressly classified as private by state statute, federal law or temporary classification. In addition to the data subject, private data is also • • • Minnesota Government Data Practices Act Guidelines & Procedures - 4 - City of Lino Lakes accessible to the data subject's representative, individuals, entities or persons given express written permission by the data subject, a minor's parent or guardian, personnel within the governmental entity whose work assignments reasonably require access or individuals, entities or persons authorized by a court order. iii. Confidential Data. Confidential data is data on individuals that is not accessible to the subject of the data or to the public. It includes data that is expressly classified as confidential by state statute, federal law or temporary classification. B. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, and established City charges will apply. The responsible authority or designee should notify the requesting party about the estimated costs. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the responsible authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. C. Data Not on Individuals. i. Public data not on individuals is data accessible to the public unless otherwise classified by state or federal law or temporary classification. ii. Nonpublic data not on individuals means data which is not public but is accessible to the subject of the data, if any. As used here, the "subject of the data" means an individual, partnership, corporation, etc. Data not on individuals is nonpublic if so classified by state or federal law or temporary classification. Nonpublic data is accessible to the subject of the data, if any, individuals, entities or persons authorized by state or federal law, personnel within the entity whose work assignments reasonably require access, and pursuant to a court order. However, nonpublic data may be discussed at a meeting open to the public to the extent allowed by state statute. Minnesota Government Data Practices Act Guidelines & Procedures - 5 - City of Lino Lakes iii. Protected nonpublic data not on individuals means data which is not public and not accessible to the subject of the data. Data not on individuals is protected nonpublic if so classified by state or federal law or temporary classification. Protected nonpublic data is accessible to individuals, entities or persons authorized by state or federal law, personnel within the entity whose work assignments reasonably require access, and pursuant to a court order. D. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. Parental Access. In addition to the people designated in this document who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the responsible authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there are reasonable grounds to support the juvenile's reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statutes Section 144.335. • • • Minnesota Government Data Practices Act Guidelines & Procedures IV. ACCESS TO PUBLIC DATA - 6 - City of Lino Lakes All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person is not required to identify themselves, state a reason for or justify a request to gain access to the public data. B. Form of Request and Response. Request. The request may be verbal or written. Requests will be received and processed only during normal business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.). If the request is unclear, the city may ask for certain identifying or clarifying information for the sole purpose of facilitating access to the data. Response. State law requires that the City must respond to a data request appropriately and promptly. City staff shall make a diligent and good faith effort to search for the data requested and respond as soon as practicable. The City shall use the following guidelines for response time: • For requests for standard information, which can be retrieved fairly easily, staff shall accommodate the request within two working days. • For more complex, larger requests, the information shall be provided within five working days of the request. • If, for some reason, the request cannot be accommodated within these guidelines, staff will notify the requestor immediately. The city shall respond as soon as possible if data is unavailable or not public and shall provide the reason or specific law that applies. Format. The city is not required to provide information in any specific format except that if the data is maintained in an electronic format and is requested in an electronic format, then it must be provided in that medium. This does not mean that the city will provide the data in an electronic format or program that is different from what the city has. The city shall provide copies of public data in electronic form upon request, if the city can reasonably make a copy of or have a copy made of that format. C. Fees. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the following fee calculation methods with per page cost and basic hourly fee established annually in the city fee schedule: • If 100 or fewer pages of black and white, letter or legal size paper copies are requested, the standard charge per page shall be charged; Minnesota Government Data Practices Act Guidelines & Procedures - 7 - City of Lino Lakes • If the request exceeds 100 pages or requires more than 1.5 hours for staff to search and retrieve data, the city may charge the cost of employee time for making, certifying and electronically transmitting copies of the data or the data itself. The fee may not include time necessary to separate public from non - public data. • The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. V. ACCESS TO DATA ON INDIVIDUALS Information about individual people is classified by law as public, private, or confidential. A list of private and confidential information shall be maintained by the City as well as forms used to collect private and confidential information. A. People Entitled to Access. Public information about an individual may be shown or given to anyone. Private information about an individual may be shown or given to: The individual who is the subject of the data. A person who has been given access by the express written consent of the data subject. People who are authorized access by the federal, state, or local law or court order. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Confidential information may not be given to the subject of the data, but may be shown or given to: People who are authorized access by federal, state, or local law or court order. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Any individual may request orally or in writing if the City has stored data about any individual and whether the data is classified as public, private, or confidential. • • • Minnesota Government Data Practices Act Guidelines & Procedures - 8 - City of Lino Lakes All requests to see or copy private or confidential information must be in writing on a data request form to document who requests and who receives this information. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. In the case of requests for private or confidential data requests, the responsible authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. Requests. Requests will be received and processed only during normal business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.). Response. The response must be immediate, if possible, or within 5 working days if an immediate response is not possible. The City may have an additional 5 working days to respond if it notifies the requesting person that it cannot comply within 5 days. E. Fees. Fees may be charged in the same manner as for public information, however when the subject of the data makes a request for access to data, the data subject may not be charged for the cost of searching for and retrieving the data. A data subject can only be charged for the actual cost of copying, certifying and mailing the data. VI. DENIAL OF ACCESS. If the responsible authority or designee determines that the requested data is not accessible to the requesting party, the responsible authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The responsible authority or designee must give the specific legal authority, including statutory section, for withholding the data. The responsible authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VII. COLLECTION OF DATA ON INDIVIDUALS. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: Minnesota Government Data Practices Act Guidelines & Procedures - 9 - City of Lino Lakes • the purpose and intended use of the requested data, • whether the individual may refuse or is legally required to supply the requested data, • any known consequences from supplying or refusing to supply the information, and • the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. VIII. CHALLENGE TO DATA ACCURACY. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the responsible authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. IX. DATA PROTECTION. A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. Minnesota Government Data Practices Act - 10 - City of Lino Lakes Guidelines & Procedures B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non - authorized individuals might see it, and • shred private or confidential data before discarding. When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. X. CITY COUNCIL ACCESS TO DATA City council member access to data shall be governed by the Minnesota Government Data Practices Act and be subject to the procedures and requirements of the City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices Act as set forth herein, with the following exceptions. A. Form of Request and Response. Request. Requests will normally be received and processed during business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.) Requests shall be submitted electronically using the City's Data Request Form and be submitted to the City Administrator and copied to the City Clerk. When requests are received and reviewed, staff will acknowledge by returning the request form indicating if the data is available, the data classification, any charges, and the estimated time required to provide the requested data. Response. City staff shall make a diligent and good faith effort to search for the data requested and respond as soon as practicable. The City shall use the following guidelines for response time: Minnesota Government Data Practices Act Guidelines & Procedures - 11 - City of Lino Lakes • For requests for standard information, which can be retrieved fairly easily, staff shall accommodate the request within one working day (24 hours); • For more complex, larger requests, the information shall be provided within two working days (48 hours) of the request. • If, for some reason, the request cannot be accommodated within these guidelines, staff will notify council members as to the estimated time required to respond and reasons for needing the additional time. Staff shall provide a copy of the request and data response to all council members at the same time it is provided to the requestor. B. Fees. Fees will be charged to council members only when the request is for data which is not to be used for city council purposes, in which case established city fees will apply. C. Council Review. City staff or council members may bring the data request to the entire city council for direction in cases where there are questions or disagreement on the applicability or administration of these guidelines and procedures. • • • • Designated Employees Gordon Heitke, City Administrator Requests of City Council Members Daniel Tesch, Director of Administration Human Resources David Pecchia, Director of Public Safety Police Department Rick DeGardner, Director of Public Services .Public Works and Parks & Recreation Michael Grochala, Director of Community Development Planning, Engineering, Building & Environmental Al Rolek, Director of Finance Finance and Utility Billing • • RESPONDING TO REQUESTS FOR GOVERNMENT DATA Most of the information, or data, that the City has is classified as public, which means it can be released to anyone. Some of the data the City keeps is classified as private or confidential and therefore has restrictions on its release. The City is committed to providing the public with access to government data. - The City shall respond to a data request appropriately and promptly. - If the City determines that the requested data is not public, it shall inform the requestor. - The City shall cite the specific statutory section, temporary classification or specific provision of federal law that classifies the data as not public. - If requested, the City shall explain the meaning of the data provided. Responsible Authority and Data Compliance Official: Julie Bartell, City Clerk Telephone Number: 651- 982 -2406 Fax Number: 65fl- 982 -2499 E -Mail: julie.bartell @ci.lino - lakes.mn.us Data Practices Designees: Gordon Heitke, City Administrator Daniel Tesch, Director of Administration David Pecchia, Director of Public Safety Rick DeGardner, Director of Public Services Michael Grochala, Director of Community Development Al Rolek, Director of Finance SECTION 1 - PUBLIC DATA How does someone request access to public data? Many requests for information can simply be made by a phone call or by stopping by a City facility. A more formal data request, such as a request for copies of documents, should be made to the responsible authority or to the appropriate designee(s). What kinds of data may an individual request? Anyone may request access to specific types of data or data elements, to specific documents or portions of documents, to entire records, files or databases, or to all public data maintained by the City. Must a data request be made in writing? Simple requests need not be in writing. The City may request that more complex requests be made in writing. A Data Request Form is available at City Hall or on the City Web site. • • • • • • Requests for Government Data - 2 How soon must the City respond to a data request? The City must respond to a data request appropriately and promptly. More than anything else, what is appropriate and prompt depends upon the scope of the request, and may vary depending upon such factors as the size and complexity of the City, the type and/or quantity of data requested, the clarity of the data request, and the number of staff available to respond to the request. The City has established the following guidelines for response time: a) For requests for standard information, which can be retrieved fairly easily, staff shall accommodate the request within two working days. b) For more complex, larger requests, the information shall be provided within five working days of the request. If the request cannot be answered immediately, the requestor should be informed as to how long it is likely to take. If the information is unavailable or not public, staff should provide that information as quickly as possible along with the reason or specific law the applies. What is the appropriate response to a data request? The first step in responding to a data request is to determine what specific data are requested. This may require the City to seek clarification from the requestor. The City also must determine whether it maintains the requested data. The City is not required to provide data which it does not maintain. The City also is not required to produce data in a particular form or format if the data are not maintained in that form or format. If the City maintains the requested data, it then must determine how the data are classified. If the City determines that the data are public, it must provide the data to the requestor, regardless of who the requestor is or the reason for requesting the data. What if the data that is requested is not public? If the City determines that the requested data are not public, you must inform the requestor. This may be done orally at the time of the request, or may be done in writing as soon as possible after the request is made. The City must cite the specific statutory section, temporary classification or specific provision of federal law that classifies the data. If requested, the City must provide a written certification that the request has been denied including the specific statutory section, temporary classification or specific provision of federal law upon which the denial was based. Requests for Government Data - 3 May the City assess a fee for inspection of public data? No. A fee may not be charged for inspection of government data. This includes situations where: • It is necessary for the City to display computerized data on a terminal or print a copy of the requested data in order for the requestor to inspect the data, ■ A person wishes to visually inspect a paper document or data kept in any other medium that may be inspected visually, or • A person requests access to electronic data via her/his own computer equipment, and possibly prints copies or downloads data on her/his own equipment. How much can the City charge for providing copies of data? The City may require payment of a fee for copies of public or private data or for electronically transmitting the data; fees are established in the annual fee schedule. The City may also charge a fee for the actual costs of searching for and retrieving the data, including the cost of employee time, and for making, certifying and compiling, and electronically transmitting the data or copies of the data. Individuals should be told how much it is going to cost to have the copies made. Individuals who are a subject of the data cannot be charged for search and retrieval but for the costs of copying only. Does the City have to explain the data provided? The City must explain the meaning of the data provided if asked for an explanation. This includes explaining the meaning of technical terminology, abbreviations, words or phrases. SECTION 2 - PRIVATE DATA What is the responsibility of the City in providing access to data on individuals? Individuals have the right to ask and be told whether the City maintains data about her/him, and whether those data are classified as public, private or confidential. To exercise this right, the subject must make a request to the responsible authority for the City or to a designee. The City may require that the request be in writing, including by letter, facsimile and e -mail transmission. The City may require the individual to provide identification in order to confirm that s/he is the subject of the data, and may require staff to be present at inspection in order to physically protect the data. The City must respond to such a request immediately, if possible, or, under state law, within ten working days. Response includes informing the individual that s/he is the subject of data maintained by that City and how those data are classified. It is important to note tha, even though individuals cannot access confidential data about themselve, they do have the right to know whether confidential data are maintained by the City. • • • • • Requests for Government Data - 4 The data subject has the right to see all public and private data about her/himself. The City must let the subject view the data immediately, if possible, or within ten working days of receiving the request. Inspection times and locations may be reasonably limited. The City may not charge a fee for letting the subject see data about her/himself. Even if the City is required to produce a copy in order to permit the subject to view the data, it cannot assess a fee for doing so. If the subject has requested data that are not accessible to him/her, the City must inform the individual of this fact, and must cite the specific section of state or federal law that gives the City the authority to withhold the data from the subject. What if the private data on the requestor also contains private data on other individuals? The data subject is entitled to see all public and private data which the City maintains about him or her, but is not entitled to gain access to private or confidential data about other people which may appear in the records or files. The City cannot refuse to give a data subject access to private or public data about her/himself just because not public data about other people are maintained in the record or file. When an individual data subject requests data that include not public data about other individuals, the proper action for the City is to remove from the requested data all private and confidential data about other individuals. How often can someone request to view private data about her /himself? After the subject has reviewed data about her/himself, the City is not required to show the data to the subject for six months unless: • The City collects or creates more data about the subject before six months have passed. If more data have been collected before the passage of six months, the subject has the right to inspect the data s/he originally viewed, as well as the newly - collected or created data; or • The data subject has challenged the accuracy and/or completeness of the data, or is appealing the results of such a challenge. Does the City have to explain the private data? The subject has the right to be informed of the content and meaning of public and private data about her/himself upon request. Upon the request of the data subject, the City must explain the content and meaning of the data. This includes explaining the meaning of technical terminology, abbreviations, or words or phrases. The explanation must be provided in a way the subject understands, including the use of another language, an interpreter, or other means. The City must clearly inform the subject how to exercise this right. Submit to: Data Request Form City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 A. To be Completed by Requester Requester Name (Last, First, M.): Phone Number: Street Address: Fax Number: City, State, Zip Code: Email Address: Signature: Date of Request: Note: According to MS § 13.05, subd. 12, persons are not required to identify themselves, or state a reason for, or justify a request for public data. Description of the Information Requested: • Confidential • Denied (Explain below) Remarks or basis for denial including statute section: B. To be Completed by City Department Department Name: Handled by: Information Classified as: Action: ❑ Approved ❑ Public • Non - Public • Private • Protected Non - Public • Approved in Part (Explain below) • Confidential • Denied (Explain below) Remarks or basis for denial including statute section: Note: According to MS § 13.03, subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. Identity Verified for Private Information: Copy Charges: • None (10 pages or less) ❑ Over 10 pages - Pages x .25¢ per page = • Identification: Driver's License, State Id, Etc. • Comparison with Signature on File • Over 100 pages (electronic or paper) or over 1.5 hours for search and retrieval Employee Time Hours = • Personal Knowledge • Other: • Other Charges = • Special Rate: (attach explanation) = Total Charges: $ Authorized Signature: Date: • • WS — Item 10 WORK SESSION STAFF REPORT Work Session Item #10 Date: January 7, 2008 To: City Council From: Julie Bartell Re: Work session minutes of Nov 5, 2007 Background At a work session on November 26, 2007, the council requested that the draft minutes of the November 5, 2007 work session be corrected in regard to discussion about the Hartford Group update on the Legacy at Woods Edge Project. There was concern that the minutes did not adequately reflect the council's discussion regarding the proposed housing elements. The recording of the November 5 meeting was reviewed and the attached revised minutes were prepared. The revised minutes were presented at the December 3, 2007 council work session and were held from the council agenda to allow for additional review (one council member was absent from the work session). The revised minutes were presented to the council at the December 17, 2007 work session but were again held from the council agenda to allow for additional review. Requested Council Direction Staff is requesting authorization to place the November 5, 2007 work session minutes on the next council meeting agenda. Attachment(s) 1. Draft minutes of November 5, 2007 Council work session 1 CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : November 5, 2007 5 TIME STARTED : 5:35 P.M. 6 TIME ENDED : 9:35 P.M. 7 MEMBERS PRESENT : Council member Carlson, Reinert, O'Donnell, 8 Stoltz, and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff Members Present: City Administrator, Gordon Heitke; Finance Director, Al Rolek; 13 City Engineer, Jim Studenski; Community Development Director, Michael Grochala; 14 Director of Administration, Dan Tesch; Economic Development Coordinator, Mary Alice 15 Divine; Public Service Director, Rick DeGardner; City Clerk, Julie Bartell 16 17 Hartford Group — Economic Development Coordinator Divine introduced Frank Janes 18 and Patrick Sarver of the Hartford Group. They will discuss a proposal for a senior 19 housing project for the Legacy at Woods Edge Project. Their proposal would require 20 some adjustments to the original master plan and they want to discuss them with the 21 council. An amendment to that land use plan would be required. Graphics were 22 distributed. 23 24 Mr. Janes noted that they have been working with staff on elements of the Legacy at 25 Woods Edge project that they believe could move forward. He remarked that the current 26 housing market makes this a challenging time. They are proposing a couple of projects 27 they think can move forward — a senior project and a multifamily project. He noted that 28 he would review the overall project to bring the council up to date. The graphics 29 reviewed were master plan site layout, southwest development conceptual layout and 30 conceptual layout site plan. 31 32 Mr, Janes noted that original plans had the senior site in a certain area and they are 33 proposing to move it adjacent to the park. They are trying to get a viable senior project 34 and the original location would be problematic with its commercial element in today's 35 market. Closer to the park would be preferable. They propose a building with a north 36 side portion with four stories, a middle portion with a two story center concept and then a 37 south portion tapering down to three stories, similar to a project in Maplewood. They are 38 looking at 140 -160 units comprised of independent senior housing units (age restricted 39 senior apartment with no services — 40 units) along with the addition of independent 40 senior units with some limited services. Another component would be assisted living and 41 some "care suites ". This would provide a continuum of care similar to other projects they 42 have done. There would be a combination of 1 -2 bedroom units in the independent, and 43 the independent and assisted with services would be mostly 1 bedroom. Care suites 44 would be more segregated to provide for more care. Community space is included — card 45 rooms, salon, movie room, often a chapel, etc. Underground parking is included for • • • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 46 residents and some employees. They would like the council comments on this project in 47 particular. 48 49 Mr. Janes explained the second project they are looking at. In between the townhome 50 piece and Lakewood Apartments, they are tentatively proposing a four - story /two story 51 market rate apartment project. This would provide an architectural component to frame 52 the roundabout. This would be limited to about 72 units due to the amount of site parking 53 feasibility. 54 55 A council member asked about how the commercial to residential ratio changes from 56 with this proposed senior component. 57 58 Mr. Janes responded that he believes there is some reduction in the commercial space and 59 he explained where some commercial would be lost. The retail market is very tight — the 60 current Lakewood building calls for 14,000 square feet of retail and currently there are no 61 tenants. The retail with the senior component will not be started. It is hoped that 62 bringing in the people with the senior project and possibly the additional rental project 63 will help in preparing the area for retail. From a master planning viewpoint, simplifying 64 the commercial plans seems to make the area more attractive to development market. It 65 would make the commercial more visible from the freeway ramp also. 66 67 The council requested that specifics on any net change should be provided as they are 68 available. 69 70 On the question of managing the senior housing, the developers explained that they 71 would move forward with development of the senior element upon city approval of the 72 plans and then work on management plans with owners and operators who specialize in 73 the area. It would be an owner and operator with experience in the field. The senior 74 housing market is good now and, based on demographics, should continue to be good. 75 The Hartford Group is experienced in the area of senior housing in general and looks 76 forward to presenting a strong proposal for financing. 77 78 The council believes that senior housing will be welcomed in the area. Even the new 79 YMCA has attracted a lot of seniors. 80 81 A council member expressed support for the senior project. One area that seems to be 82 lacking however is an opportunity for a senior living in the community to sell a house but 83 not go into rental. Concern was expressed about the addition of the apartment building 84 and how that affects the ratio of apartments and townhomes. All rental as an end product 85 is not acceptable. 86 87 Mr. Janes explained that the ratio was 60/40 — the senior and Lakewood project would 88 pretty much meet that 40 % so the addition of the apartment element would raise the 89 level. The apartments could be built with the idea that they could be a future 90 condominium conversion project. A change in the ratio is really necessary since the 91 condominium and townhouse market is completely flat. CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 92 93 Economic Development Coordinator Divine explained that the original development 94 agreement called for 450 homes with the 60/40 homeowner /rental but this would 95 basically reverse that to 40/60. 96 97 The two projects are brought forward separately. The senior project the developers are 98 confident they can do. They plan to ask for plan changes to facilitate development of the 99 rental building in the future. If they are asked to retain a condominium/townhome 100 project, they are doubtful that is something that could be brought forward within the next 101 24 months. 102 103 When a council member pondered the possibility of delaying the development, the 104 developers explained that it would not be wise because holding costs will remain and 105 escalate. They would like to move forward with a viable plan. 106 107 One council member expressed concern that the change in plans means the city isn't 108 getting what it was originally promised. If mixed use is not viable but was presented as a 109 selling point for the development, was it ever a good idea? Also it is disappointing to see 110 the increase in rental — that was not the original vision. There could be a shift in the 111 market sooner than later and a decision to change may be premature. 112 113 The Hartford Group representatives stated that they will be in a position to attract the 114 retail when the market makes that possible. The inclusion of retail was a part of the 115 original development plans dating back before Hartford's involvement but they still carry 116 the vision. Success for that mixed use can be created by bringing people into the area. 117 118 Another council member noted the importance of retaining a project even with some 119 changes. The senior component that is being requested is welcome. 120 121 A council member questioned how much parking is truly needed for senior housing since 122 cars become less used with a senior lifestyle. Staff explained that they do recognize that 123 nuance and generally would require less parking for senior housing. The developer has 124 experience from previous projects and feels comfortable they will be able to work with 125 city staff to get an appropriate parking ratio. 126 Community Development Director Grochala reviewed the proposed modifications in 127 detail. Staff will be working with the developers on technical issues brought about by 128 changes; staff is supportive of the senior housing component but not supportive of 129 changing some of the original plans, including all of the townhome portion. Overall it is 130 necessary to recognize and confront the market situation. 131 One council member expressed support for the inclusion of life cycle housing; it is an 132 important and growing area of the housing market. 133 The developer is hoping for a January 2008 submission requesting formal city approval 134 of the plans for the senior element. 135 • • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 136 Zoning Ord. Amendment — Unsewered Residential Lot Requirement — Community 137 Development Director Grochala reviewed the proposed ordinance. The council had 138 directed staff to modify the amendment so that it would apply only to reverse mortgages, 139 however, the city attorney ruled against that suggestion. Staff has added some new 140 language that has been reviewed by the City Attorney including language that requires 141 that a structure remain on the lot to be divided. Also the city needs to receive written 142 verification of the requirements from the mortgage company. A recorded covenant must 143 be recorded restricting the owner from selling the portions separately, except in the event 144 that there is a foreclosure situation. 145 It was recommended that the proposed process should be checked with the financiers to 146 ensure this will accomplish what the city wants. 147 The council concurred that the process (referral of the ordinance to Planning and Zoning) 148 should continue. 149 2008 Budget — Finance Director Rolek noted that the council has had continuing 150 discussion about whether or not to include a change to in -house engineering services in 151 the 2008 budget. The council has not indicated a need for any additional information but 152 that their discussion of the issue would continue. 153 Since the council has a difference of opinion regarding moving on a change to in -house 154 engineering staff, a council member suggested that the decision be delayed (no in -house 155 services in 2008) but with a direction to include in the goals for 2008 a thorough analysis 156 for a discussion about inclusion in the 2009 budget. 157 Director Rolek explained that the impact to the 2008 budget of retaining the contracted 158 engineering services is negative $85,500. It is proposed that be covered by general fund 159 reserve. 160 One council member recalled (in writing) information distributed in 2003 that indicated a 161 higher amount that included an additional support position. Also the TKDA contract was 162 shown with a not -to- exceed amount. 163 Director Grochala recalled that the 2003 figures considered the community development 164 budget only and didn't take into consideration storm water, sewer and water costs that are 165 charged out. There was no pavement management or as extensive a surface water 166 management program in 2003. The support staff position has already been added so that 167 is no longer a part. 168 When asked if it would be possible for TKDA to offer a not -to- exceed cost for the 2008 169 funding year, staff indicated that would be a difficult proposal since the costs are mostly 170 reactive, dependent on work that comes forward. 171 City Engineer Studenski announced that it could be possible to get a not -to- exceed but 172 the specifics would have to be designated. 173 It was recommended by a council member that if funding for a support staff person is 174 included in one scenario, it should be included in both so that the numbers are true. 175 There was general concurrence with putting off the decision for change but also general 176 concern about the use of general fund reserve (savings) to cover the $85,500 budget 177 deficit. Could the proposed budget be further reduced to cover the deficit? CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 178 Finance Director Rolek indicated that the reserve is put forward as a possibility mainly 179 because the budget is pretty much bare bones already. 180 In looking at the 2008 budget further, a council member recognized that the changes in 181 valuations and base budget and how the city will address and meet those challenges 182 should be a part of strategic planning in the coming year. 183 Finance Director Rolek indicated that he will proceed with the budget amendment 184 previously proposed by staff if the council did not wish to approve the in -house 185 engineering proposal. 186 The council concurred that deleting the second clean -up day should be revisited in time to 187 possibly add the fall event next year. 188 2008 -2012 Five -Year Plan - Finance Director Rolek reviewed the plan, as presented. He 189 noted that the plan is truly a compilation of city department directors presenting their 190 forecasts with consideration of city goals and obligation for services considered. 191 The plan anticipates an overall increase in expenditures of 45.72% over five years. 192 Anticipated growth in the tax base related to real estate value has been revised downward 193 reflective of that market. The net overall growth in tax base included in plan is 25.29 %. 194 Therefore the plan does forecast a tax rate increase. There is a general inflation factor 195 included but also specific consideration given in some areas such as energy and insurance 196 costs. Anticipated increased staffing needs, including police that will hopefully be 197 covered by grant funds, are included. The plan is considered a guideline and it does not 198 constitute authorization for future spending. 199 The cost drivers are personnel and capital costs. 200 One council member noted the change in the personnel requirements of the previous plan 201 (last year's approval) versus this plan. He'd like more time to review the details. 202 Director Rolek noted that the growth rate is really the driving factor since the previous 203 plan estimated a growth trend. The personnel costs are really not that much different. 204 The council has a resolution in place requiring a public hearing and approval of a plan in 205 December. 206 A council member suggested that more time for analysis is needed. The tax rate increase 207 will certainly be an item of discussion. 208 A member suggested that the name of the document be changed from a "plan" to a 209 "guideline ". It was clarified that the City Charter calls for the plan by name. 210 Another member suggested that "tackling" the assumptions and how the council will deal 211 with them should be a certain item on the first strategic planning session in 2008. 212 It may be appropriate for the council to consider a different schedule of consideration 213 since the circumstances that determine plan details have changes quite drastically. 214 The estimate of valuation is a big factor; can that information be gained any sooner in the 215 regular process? 216 Director Rolek indicated that that receipt of that information is completely reliant upon 217 when it is available from the County. • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 218 The council concurred that taking the time to look at the plan properly is more important 219 than meeting an arbitrary deadline established by a council resolution. A special meeting 220 will probably be required and it may not be approved by the end of the year. 221 Director Rolek suggested that council could bring back questions to the next pre- council 222 meeting work session just for staff to receive them and use them to set up a larger 223 discussion. 224 It was suggested that the large increase in personnel in one year should be a matter of 225 review. 226 2008 Fee Schedule — City Clerk Bartell explained that, for efficiency and clarity, the city 227 chooses to consolidate city fees into one ordinance that is adopted on an annual basis. 228 The city's current fee schedule has been reviewed by staff and recommendations 229 submitted for updating. Changes recommended by staff include an increase in the city's 230 tobacco license fee, clarification of the city's policy and fees regarding provision of 231 public data, creation of fees associated with the city's new rental housing licensing 232 regulations, and general updates to building fees. The fee schedule, in ordinance form, 233 will be presented for first reading at the November 13 city council meeting. 234 Compensation System Audit RFP — Director Tesch noted that the draft RFP requested 235 by the council is presented for review. 236 When asked how many RFP's would be sent out, Director Tesch noted four 237 organizations. 238 Regarding pay for performance, that should be a component of the regular compensation 239 system. 240 Without major changes, this could be sent out this week. The allowed time for response 241 is 30 days. 242 The council authorized staff to issue the RFP. 243 Minnesota Gang Strike Force — Public Safety Director/Police Chief Pecchia offered a 244 verbal explanation of the task force options that the department has considered. 245 The city is eligible to participate in this strike force in the metropolitan component. 246 There is a $50,000 grant offer per year (starting in 2008) to get a handle on a gang 247 presence or activity in the community and to serve the county as a whole. While there 248 may not be recognized gang activities in the city but there is some presence and this 249 would be a way to be proactive on gang related activities. 250 The city must provide the time of an officer (paid by grant funds) and the department 251 would absorb any other related costs in their 2008 budget. 252 The Chief supports accepting the $50,000 grant and even though there is some cost to the 253 of absorbed in the 2008 budget. 254 The council authorized that the necessary paperwork be placed on a future council 255 agenda. CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 256 Rice Creek Watershed District Appointment — Administrator Heitke noted that this is 257 a reminder to the council that the city may chose to participate in this process. The 258 hydrological area that has an open position does contain a portion of Lino Lakes. 259 It may be good in the future to discuss with and submit a list in conjunction with other 260 cities in the district. 261 When a board representative who does live in Lino Lakes is considered for 262 reappointment, the council would like to hear from them. 263 West Oaks Sewer and Watermain Extension Petition - Engineer Studenski explained 264 that the city has received a petition from residents of the West Oaks Subdivision to 265 pursue the extension of sewer and water services. This is not an area scheduled for the 266 requested improvements or street reconstruction. Study of this request means that a 267 feasibility study would need to be prepared and since that involves a cost to the city, staff 268 requests council direction on how to proceed. 269 The council was concerned that these will be expensive improvements. Is there a way to 270 pass on the cost of the feasibility study? Also, the petition only requires fifty percent; 271 what do the rest of the residents think? 272 Getting feedback from all the residents could be an option. The engineer could send a 273 letter providing cost estimate information and other details and asking if residents would 274 be interested in paying for the feasibility study. 275 What does the submission of a petition require from the city? The city is only required 276 to accept the petition. 277 One council member suggested that there could be a meeting held at city hall providing 278 more details but the city engineer replied that there would no doubt be a low turn out so 279 that's not the best way to reach the most property owners. The suggestion was then to 280 offer the opportunity of a meeting in the previously mentioned letter. 281 The council will receive a draft letter at the December work session and can then await 282 feedback. The need for neighborhood meetings can be determined. 283 Communication Policy (Reinert, Bergeson agenda request) — The question relates to 284 establishing a policy regarding communication expectations. 285 Ideas for requests going in: shouldn't sit idle for many days (response within 24 hours 286 during the week - even a response about when a full response will be available); 287 courteous communication should be the key. 288 One suggestion is that a standardized form could be forwarded through the city clerk. 289 The city clerk could be responsible for forwarding the request to appropriate staff with an 290 estimate for response time. A copy to other council members should be a part of the 291 process. 292 One concern of the past has been excessive data requests that take huge amounts of time 293 and resources. All requests could be tracked and reported on a regular basis. 294 A council member commented that it would be a waste of time to track requests since 295 provision of public data isn't a option but a legal responsibility. • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 296 It was suggested that the clerk conduit could be a back up when timely responses aren't 297 received. 298 Perhaps just the addition of a standardized form would be all that is needed. 299 The council concurred that an acknowledgement to a request is always needed. Also a 300 point of closure is important that is agreed upon and understood by staff and council. 301 Every council member doesn't need to a part of each request until the end. The final 302 product should be provided to all council members. 303 Staff will come back in December with a policy proposal. 304 2008 City Council Meeting Schedule 305 Council may want to reserve it's "off Mondays" for special work sessions. 306 The schedule for budget discussions should be moved up to allow more time. 307 Review of November 13 regular meeting agenda 308 There were no changes to the council agenda. 309 The meeting was adjourned at 9:30 p.m. 310 311 These minutes were considered, corrected and approved at the regular Council meeting 312 held on , 2007. 313 314 315 316 317 318 Julianne Bartell, City Clerk John J. Bergeson, Mayor • • • WS — Item ll WORK SESSION STAFF REPORT Work Session Item #11 Date: Council Work Session, January 7, 2008 To: City Council From: Gordon Heitke Re: Police Department Administrative Staffing Background Chief Pecchia will be discussing possible changes related to the administrative structure and positions in the Police Department. This discussion is timely due in part to the current vacancy of the Office Manager position Requested Council Direction The Chief looking for Council feedback on proposed changes to the administrative structure and positions in the Police Department. +4 // p, Lino Lakes Police Department 2008 Calendar of Events January —June DARE in the Schools January 16 -March 12 (Wednesdays after school) Jr. Safety Academy at CMS March 13 —May 8 (Thursday evenings) Public Safety Citizens Academy Thursday, May 15 Law Enforcement Memorial Day Tuesday, May 13 Senior Safety Fair Mid -June Law Enforcement Torch Run for Special Olympics Tuesday, August 5 National Night Out August 15 -17 Blue Heron Days October National Crime Prevention Month For more information on these events please call the Lino Lakes Police Department at 651- 982 -2300 or visit www.ci.Iino- lakes.mn.us (under Public Safety Department). Lino Lakes Police Department ' 2008 Educational Seminars The Lino Lakes Police Department is offering Educational Seminars for the public on the 2nd Thursday of each month throughout 2008 Jan. 10 Teen Driver Safety (Parents and Teens) Feb. 14 Snowmobile Safety Awareness (12 and over) March 13 Self Defense for Women April 10 Adult Drug Awareness May 8 Lino Lakes Police Dept. "Open House" June 12 Child Safety (Car Seat/Bike Safety) August 14 Hunting Safety Sept. 11 Teen Driver Safety (Parents and Teens) Oct. 9 Identity Theft Nov. 13 DWI Prevention Dec. 11 Internet Safety Classes are free and tentatively schedulec to be held from 6:00- 8:OOpm at the Police Department. Register for one or more classes by calling the Lino Lakes Police Department at 651- 982 -2300 or register online at www.ci.lino- Iakes.mn.us (under Public Safety Department). You will receive more information on the class a few weeks before the scheduled date. • • • WS — Item 13 WORK SESSION STAFF REPORT Work Session Item 13 Date: Council Work Session, January 7, 2008 To: City Council From: Michael Grochala Re: Main Street Village Update Background At the request of council members Reinert and O'Donnell, staff is providing an update on the Main Street Village commercial project. The project is located in the SE Quadrant of the Main St. /35E Interchange. The project is currently in the review process and is scheduled for review by the Planning & Zoning Board on January 9. The board reviewed the application in December and tabled discussion pending resolution of outstanding site development issues. The following is a timeline of the application process for the project: Application Received: Incomplete letter sent: New plans received: Incomplete letter sent: May 8, 2007 May 23, 2007 July 10, 2007 July 18, 2007 Env Bd — concept plan (discussion only): July 25, 2007 P &Z Bd — concept plan (discussion only): August 8, 2007 New plans received: October 26, 2007 Architectural. plans received: November 2, 2007 Application determined complete: November 2, 2007 Env. Bd. Review: November 28, 2007 P &Z Bd Review (hearing continued to 1/14/08) December 12, 2007 1 Attached is a copy of the staff report prepared for the January 9, 2008 Planning and Zoning Board. As noted in the report staff received some supplemental information, regarding outstanding issues, late Thursday evening (January 3). Due to packet delivery deadlines on Friday, staff has not yet completed a review of the information. Council Direction None Required. Attachments 1. Jan. 9, 2008 P & Z staff report (Main Street Village) • • • • • AGENDA ITEM VI B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: January 9, 2008 TOPIC: Public Hearing (Continued): Conditional Use Permit: Planned Unit Development Preliminary Development Plan/Preliminary Plat Conditional Use Permit: Motor Fuel Station Conditional Use Permit: Car Wash Conditional Use Permit: Outdoor Dining (McDonald's) Conditional Use Permit: Outdoor Dining (Coffee Shop) Main Street Village, Azure Properties BACKGROUND The proposal by Azure Properties is a planned unit development (PUD) called Main Street Village. The proposal includes creating four commercial lots on a portion of 28 acres of property at the southeast quadrant of the I -35E interchange at Main Street. Development on the remaining 19 acres has not been designed. However, because of stormwater and transportation planning needs, the use of the entire site must be considered. The zoning ordinance defines two types of PUD: rezoning and conditional use permit. A commercial PUD can be approved as a conditional use permit. The site is within the area analyzed by the I -35E Alternative Urban Areawide Review (AUAR). The AUAR's mitigation plan requires some information and review criteria that typically are not applied to development projects elsewhere in the community. Issues From December 12, 2007 Report The P & Z opened the public hearing on the project at the December 12, 2007 meeting and continued it. The staff report for that meeting listed a number of unresolved issues. City staff had instructed the applicant not to submit new plan sheets with the revised layout of parking and circulation until staff had met with county highway department staff. However, a number of other items could have been addressed in the interim. On January 2 staff contacted the applicant about these issues. We then received some new information late afternoon on Thursday, January 3. The new report for the January 9 meeting had to be assembled, printed, and distributed to the Board on January 4. This did not allow time for City staff to review the new information completely. Depending on the information submitted, it may be possible to resolve some of the items on the list. However, it is unlikely that staff will be able to recommend approval of the project on January 9. We are facing statutory deadline pressure. The February P & Z meeting is February 13. This leaves only one City Council meeting, February 25, before the deadline of March 1. The Main Street Village page 2 applicants would not have time to resolve any issues after the February P & Z meeting before the City Council must vote on the project. Because of this, staff has recommended to the applicants that they grant a 30 -day written extension to allow unresolved issues to be addressed. The City Council could then act in March. The following list is taken from the December report, with comments added describing the current status of each item. (The body of the report that follows has been updated as well.) 1. The complete data and analysis included in the peak parking analysis must be submitted to ensure that the peak demand is less than the normally required number of parking stalls. Square footages of retail area also must be submitted for the gas station. The submitted shared parking analysis did not include all data used in its analysis. Staff has requested clarification of the data and methodology. 2. Stormwater management must be consistent with the goals and requirements of the AUAR mitigation plan. The proposed plan does not comply with the 6:1 slope requirement for stormwater management areas in the wetland mitigation area on the southern part of the site. This will need to be revised to comply with one of the important water quality requirements of the AUAR. It appears that this would not be difficult to accomplish. 3. A permit must be obtained from the Rice Creek Watershed District prior to site work and the project must comply with all permit conditions. The project received a conditional approval. This satisfies the City's typical requirement for preliminary plat approval. The actual permit will be required prior to site work commencing on the site. 4. Landscaping plan revisions should address the recommendations of the City Forester and Environmental Board. The Environmental Board recommended changes to several plantings and methods of ensuring successful infiltration. These should be addressed. 5. Several site access and circulation issues must be resolved. Vehicle and truck access and circulation must be demonstrated to be adequate for the site and the project overall. We received new truck circulation plans on Jan. 3rd Staff will review them. An earlier diagram showed that trucks on the McDonald's site must drive through the parking stalls closest to the west side of the building. This is acceptable if the trucks do not arrive during business hours, but we have no information on hours of operation. An earlier drawing for the Kwik Trip site had numerous truck paths overlaying one another and was confusing. • • • Main Street Village page 3 • 6. Pedestrian and bicycle access to the site and circulation within the site must be included and shown on plans. We understand that the new plans include pedestrian routes. Staff will review. 7. An easement for access to the water tower via the southern access to the development must be granted to the City to allow the elimination of the existing water tower access on Otter Lake Road. The access deed must be submitted prior to site work commencing. This must be part of the approval but can be accomplished before City Council approval. Staff will determine the appropriate size and location for the driveway access. 8. The southern road must be constructed with phase one of the project. The applicants had stated in a meeting with staff that they would construct the road with phase one. That was the basis of this recommendation. However, the applicants stated at the December P & Z meeting they want to wait. Staff is comfortable that the road can wait until future development occurs. However, we will recommend that the timing of the road relative to phased development be determined prior to City Council consideration and included as a condition of approval. 9. Snow must be removed from the site or adequate storage area created. This can be included in the conditions of approval. 10. The commercial building architectural standards in the zoning ordinance prohibit EIFS from being closer than three feet to the ground. This must be corrected on the McDonald's building. 11. The south facade of McDonald's should be re- examined for the possibility of incorporating a base - middle -top appearance. At the December P & Z meeting, the applicants exhibited a picture of a revision to this building that appeared to comply with City requirements. However, we had not received actual elevations or the description of building materials to ensure compliance. The January 3 information includes nothing relating to items 10 & 11. 12. Any comments from the Anoka County Highway Department should be addressed. The staging of improvements within County rights of way must be determined. This can be a condition of approval. The County will require improvements before work can begin in County right of way. • 13. The motor fuel station canopy fascia cannot be more than three feet in vertical height. A new design must be submitted for review prior to approval by the P & Z Board. Main Street Village page 4 14. The motor fuel station canopy may have contrasting color bands not to exceed an accumulative width of four inches. A new design must be submitted for review prior to approval by the P & Z Board. 15. The motor fuel station canopy lighting must be recessed. Details or fixture cut sheets for the canopy lights must be submitted prior to approval by the P & Z Board. 16. Data must be submitted indicating the landscaped area of Lot 1, Block 2. 17. Information on the number of vehicles that the car wash can service in 30 minutes must be submitted. We will review the January 3 information to determine how items 13 -17 are addressed. In addition, discussion at the December P & Z meeting noted that the car wash building lacks distinctive bottom - middle -top features. A quick view of the new plans show that the car wash site has been redesigned for a single bay wash instead of two bays. Parking has been added as well. 18. Information on the location, area, and set up of the outdoor seating on Lot 2, Block 1 and Lot 2, Block 2 must be submitted for review. As recommended by the P & Z in December, we will not include the need for a Conditional Use Permit for the outdoor seating for McDonald's or the coffee shop as long as no waiter /waitress service occurs. Any use on the site that includes wait staff service will require a CUP. 19. The submitted signage plan ( "Signage Specifications ") must be amended to comply with the sign ordinance and monument signs must be located on plans. A revised signage plan must be submitted for review prior to approval by the P & Z Board. 20. The submitted "Architectural Design Criteria" must be revised to ensure that the requirements in the Zoning Ordinance, Section 3, Subd. 4.B.4., are fulfilled. The January 3 information includes nothing that addresses items 19 & 20. 21. City Engineer review comments must be addressed to his satisfaction prior to approval by the P & Z Board. A new review dated January 2 is attached to this report. We will review the January 3 information to determine how issues are addressed. • • • • Main Street Village page 5 ANALYSIS Comprehensive Plan, Land Use, Zoning Location Existing Land Use Guided Land Use (Comp. Plan) Zoning Site vacant Commercial GB General Business North vacant Commercial GB General Business South vacant, industrial, and City's water tower Industrial LI Light Industrial East Patriot Bank and Ad Graphics Commercial and Industrial GB General Business & LI Light Industrial West I -35E Commerc. (across I -35E) GB (across I -35E) Comprehensive Plan: The Comprehensive Plan guides the project site for Commercial land use. The site is within a Stage 1 (pre -2010) growth area and is within the existing Metropolitan Urban Service Area (MUSA). Zoning: The site is zoned GB General Business. A PUD allows for flexibility from standard zoning requirements. The following table compares the project to standard zoning requirements. With a shopping center, normal setbacks are difficult to measure because some lots do not front on public roads, and it is difficult to determine which lot borders are the side and rear lots. Alternative Urban Areawide Review (AUAR): This site is within the area analyzed by • the I -35E Corridor AUAR. Development within the area is subject to the mitigation plan adopted with the AUAR. The mitigation includes some specific, quantified requirements, but GB Zone Proposed PUD lot size minimum 20,000 sf 35,000 sf to 130,000 sf lot width 100' 170'+ on private roads 200'+ on public roads building setbacks from local street from collector rear lot line side lot line between buildings 30' 40' 30' 10' avg. height of the two bldgs. 30'+ from private road 40' 20' -30' 20'+ 45' bldg. height 45' less than 25' with 31' peaks impervious max. 75% 60% (excluding Outlots B & D) Alternative Urban Areawide Review (AUAR): This site is within the area analyzed by • the I -35E Corridor AUAR. Development within the area is subject to the mitigation plan adopted with the AUAR. The mitigation includes some specific, quantified requirements, but Main Street Village page 6 many of the requirements are means of achieving the best results possible, depending on the site. Conservation Development Framework: The Conservation Development Framework provides the foundation for most of the conservation objectives within the AUAR area. Implementation of the Framework will: conserve the most ecologically significant natural resources within the AUAR area (in particular, the "core" and "outlier" habitats); protect ecologically significant natural resources from adjacent land uses by implementing buffering; and connect ecologically significant natural resources via multi - functional greenway corridors. The goals of the Conservation Development Framework will be pursued through a variety of methods. The maps in the AUAR provide summary information and guidance. For example, the Minnesota Land Cover Classification System map (AUAR Fig. 10 -1) shows artificial surfaces and associated areas on the sites of the bank and the old farmhouse; planted or cultivated vegetation across most of the site; and herbaceous over the larger wetland areas. The Wetland/Aquatic and Upland Habitats map (AUAR Fig. 10 -2) does not show any core or outlier habitat areas that we want to preserve. Water quality, stormwater management, erosion and sedimentation: The AUAR includes analyses of surface water runoff issues which lead to requirements for including infiltration elements and other techniques. It also includes estimated stormwater management recommendations for specific development areas. These estimates in the AUAR cannot be considered strict requirements. However, they do provide guidance for mitigation. The mitigation plan establishes sizing criteria for stormwater management areas that are designed to support wetland complexes or large infiltrating surfaces with native plant populations. The approach is that these areas would be designed consistent with strict criteria for maximum filtration and/or infiltration of stormwater. The site is labeled development area Y -TD in the AUAR. The most general estimate suggests that 16 % -20% of the developable area would be needed for stormwater management (AUAR Fig. 17 -3). A somewhat more refined estimate suggests a need of 5 acres for stormwater management (AUAR Table 17 -5). These estimates are calculated for the entire 28 -acre site and are high compared to standard development practices. The submitted project only includes about a third of the total site (less than 9 of the 28 acres), so it is difficult to compare against the AUAR. Nonetheless, we can see that stormwater treatment is a challenging issues and it is important to consider the entire site rather than individual pieces. While those stormwater management areas are estimates and not mandatory, the AUAR does include specific requirements. Runoff rates must be at or below pre- development conditions. This is a standard requirement everywhere in the city, enforced on all projects. The AUAR also requires that runoff volume must be no more that 150% of pre - development runoff. The AUAR also requires that stormwater management areas have a 6:1 slope rather than the normal, steeper slope. • • • Main Street Village page 7 The rate and volume requirements are met for the first phase of the development. Future development (phase two) will require review to ensure it meets these requirements as well. The proposed plan does not comply with the 6:1 slope requirement for stormwater management areas in the wetland mitigation area on the southern part of the site. This will need to be revised to comply with one of the important water quality requirements of the AUAR. It appears that this would not be difficult to accomplish Archaeological Survey: A Phase 1 cultural resources survey was completed for the site and submitted with the project, as required by the AUAR. The farmstead site was found to be not eligible for historic listing. The survey investigators recommend that no further cultural resources work is necessary. AUAR Fee and Environmental Review: The City Council adopted a fee for new development within the AUAR area. This fee was based on the cost of the AUAR and calculated by anticipating that growth will occur first in the Stage 1 and 2 growth areas. The fee is $269 per acre, and 28.3 acres x $269 results in a fee of $7612. The fee goes toward the costs of preparing the AUAR and is justified because no environmental review is needed for projects within the AUAR area as long as the projects are consistent with the development assumptions in the AUAR. The AUAR fee of $269 per acre must be paid prior to site work commencing. If the AUAR had not been prepared, the standard environmental review rules would apply. The submittal includes about 37,000 sf. A retail commercial project of 200,000 sf or more would require an EAW. It is possible though unlikely that development of the full site would cross that threshold. However, the City would have the ability to require an EAW if there may be the potential for significant environmental effect. Planned Unit Development Section 2, Subd. 10. of the zoning ordinance includes the PUD standards. The zoning ordinance provides for two types of PUD. We have used a rezoning PUD on mixed use projects and others with exceptional design issues such as conservation developments in urbanized areas (with city utilities). We also have a provision for a conditional use permit for a PUD. A commercial residential PUD is allowable under this option. It is important to review the purpose and intent of a PUD. Subd. 10. PUD, Planned Unit Development. A. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and Main Street Village page 8 architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. ... The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of and resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. E. Commercial or Industrial Planned Unit Development, CUP Requirements. 1. Purpose. It is the intent of this section to further the directives of Section 2, Subd. 2 and establish special requirements for the granting of a conditional use permit to allow flexibility from the strict provisions of this Ordinance in regard to multiple buildings, shared access/ parking, parking supply reductions, internal setbacks, etc. Lots: The table lists the submitted data. • • • gross sf gross acres upland sf upland acres Lot 1, Block 1 35,175 0.8 35,175 0.8 Lot 2, Block 1 55,831 1.3 55,831 1.3 Lot 1, Block 2 66,196 1.5 61,169 1.4 Lot 2, Block 2 130,031 3.0 130,031 3.0 Outlot A (private road) 96,058 2.2 96,058 2.2 subtotal 383,291 8.8 378,264 8.7 Outlot B 677,301 15.5 588,452 13.5 Otter Lake Road ROW to be dedicated 4,393 0.1 4,393 0.1 Outlot C 55,779 1.3 7,238 0.2 Outlot D 113,302 2.6 67,896 1.6 total 1,234,066 28.3 1,046,243 24.0 • • • Main Street Village page 9 411 The following summarizes the project proposal: • • Gross Site Area 28.3 acres Upland Area 24.0 acres Wetland 4.3 acres Currently Proposed Development Area including Outlot A 8.7 acres Water and Sanitary Sewer: The project will be served by municipal utilities. Ample capacity exists in the systems. Water looping through the development ultimately will be needed for proper flow. Wetlands and Stormwater Management: The Rice Creek Watershed District (RCWD) approved the delineation of the wetlands and the mitigation plan in 2006. However, that mitigation plan application did not include wetland fill and mitigation necessary for the future access route (with the southern driveway). Since this will be the main access to the retail center in the future, it is vital to know if this `road' can be constructed. The wetland impacts and mitigation are an integral part of this question. A new wetland delineation was submitted to, reviewed, and approved by the RCWD. This included an amendment to the delineation of the large, southern wetland. Drainage and utility easements must be established that cover and extend 10' beyond the wetlands, in accordance with City requirements. There will be an easement over the incidental wetlands in Outlot C because they will become stormwater ponds. There is no designated floodplain on the site as shown on the FEMA map. The plans show little space for snow storage after plowing. A snow storage area must be designated or snow must be completely removed from the site. This report discusses the AUAR requirements for stormwater management in a previous section. Roads, Access, Traffic, Circulation: A traffic study was prepared for the development. The study analyzes the current proposal (phase one), full development of the site (phase 2), and year 2030. The study assumes the existing bank road will be a full access point with phase one of the development, but be converted to right- in/right -out only with phase two. As to the southern access, it will function properly with a stop sign with full development but will require a traffic signal by 2030 because of the increasing background traffic. The intersection of Otter Lake Road and Main St. will function well until 2030. The AUAR's traffic analysis also recognized that this intersection will fail at that time. That is, this will occur without the proposed Main St. Village project. This is an important transportation Main Street Village page 10 planning issue that will require the attention of both County and City. It likely will require further improvements such as additional lanes on Main St. The plan includes an additional five feet of right of way dedicated for Otter Lake Road as well as a triangle for future needs at the Main St. intersection. This is shown on the plans. The site ultimately will have four access points: a right -in only slip ramp from Main St.; the existing access on Otter Lake Road north of the bank; a new access on Otter Lake Road north of the water tower; and the service road along I -35E. The internal circulation design has changed significantly since the concept plan discussion in early 2007. • The "slip ramp" into the site from Main St. was negotiated with the Anoka County Highway Dept. as part of the CSAH 14/8 improvement project and the I -35E interchange project. This access will allow vehicles to leave Main St. to enter the site, but not exit the site onto Main St. It will not pose a safety problem on Main St. The slip ramp route continues south and intersects with the existing bank access road. The plan shows the bank road ending in a "T" except for a driveway entrance to the larger retail building lot, L2 B2. The intersection has a stop in all four directions. Most of the traffic flows north and south. • Circulation in this area of the site has been the topic of extensive discussion. After meeting with the applicants, we received a sketched revision to the October plans. This shows a reconfiguration to the access to the large retail site (Lot 2, Block 2). Access to the coffee shop drive through windows would be through the lot's parking lot exclusively. That is, vehicles could not turn west out of the southern gas station driveway to go to the drive through window. This is an improvement to circulation in this location. It corrects a situation where coffee window patrons would be held up by vehicles leaving the gas station, which in turn would need to wait for vehicles stacked at the southbound stop sign. The revision eliminates concern with severe congestion at this point. Though its impact on the project is significant, the actual revision is a minor change to the plans. Staff instructed the applicant not to submit a full set of revised plan sheets until City and County staff could confer about the staging of roadway improvements. Unfortunately, County staff has not been able to meet with us yet. (We did receive new plans on January 3rd, as noted in the introduction to this report. The January 3 information includes the new layout.) • The May 2007 traffic study included vehicle movement counts. We learned later that two numbers at the CR 84 access (the bank road) were transposed in the submitted study. This data correction eliminated staff s concern for severe congestion for vehicles entering the site on the slip ramp from CSAH 14. • The existing access road along the north side of the bank will become right - in/right -out in the foreseeable future. Otter Lake Road will be reconstructed in this area in order to accommodate future traffic, and at that time a median will be created. It is possible that Anoka County could require that the existing access be converted to right - in/out with this • • • • • Main Street Village page 11 initial portion (phase one) of the project. Either way, the second, southern access on Otter Lake Road is a key element as it will be the primary access to the development area. This means we must know that the second access can be constructed. We received the geotechnical information (soil borings) for this, and it is possible to build the new access route. The specific timing of the construction of the second access in relation to the phasing of development on the site is important because this route is important for the overall circulation of the site. This must be determined and described in the development agreement for the site. • Lino Lakes has a joint powers agreement with Anoka County that limits the number of accesses that will be allowed on Otter Lake Road (Co. Rd. 84) between Main Street. and Cedar Street. We can have a total of six driveways and three roads. There are five driveways now and two roads. We would prefer to use the allocation wisely. We have suggested that the new southern access on this development site be planned to allow for access to the City's water tower. This would allow the elimination of the existing water tower driveway onto Otter Lake Road: the water tower driveway would be on the new access `road'. An easement to allow City access to the private road is needed. Parking: The site plans show the lot layouts and parking. The zoning ordinance does allow for a reduction in the number of required parking stalls in a shared parking situation if the applicant demonstrates through a peak parking analysis that the peak demand is less than the normally required number of stalls. A peak parking analysis submitted with the October submittal seems to support the reduced number of parking stalls. However, there seems to be some inconsistencies in the data or methodology. In addition, there is some reduction of parking on L2 B2 if it is revised as shown in the plan revision. The analysis does not address the gas station/car wash lot as that lot stands alone for parking. Buildings: The proposal includes four buildings on four separate lots. All the buildings are attractive with brick, rock face block, stucco, EIFS, and metal peaks. A variety of colors and design elements are proposed. The original submittal in May included "Architectural Design Criteria." These are a very good basis for the project. There are a few revisions that would be needed to comply with the City's architectural requirements for commercial buildings. • Lot 1, Block 1, Retail (sheet A2): The proposed 6500 sf retail building includes rock face block and precolored 4" block along with EIFS. We have no colors for this building, which must be supplied. The tallest parapet on this building is 22' high. The building was revised since the first submittal to include glass on the north elevation and we have colors now. The colors and materials establish a visual base - middle -top. The trash location is connected to the building. •Lot 2, Block 1, McDonald's (sheets A2.0, A2.11: The proposed McDonald's building has face brick and EIFS. The brick colors are a typical brick red with dark forest • green setting off the drive- through windows. The EIFS will be white. Modernized golden arch elements rest over the entrances and large windows. The majority of the building is 18' 3" high. The "tower" element rises up to 21' 4" with an arch that rises another 2'. The Main Street Village page 12 restaurant building footprint is 4590 sf with the trash area and cold storage connected to the south end of the building. A drive through window is a permitted use in the GB zone. Plan revisions on the north end of the building show a patio providing access to the door and an outdoor seating area. The drive- through lane is immediately next to the door location and we will want to ensure there is an adequate barrier for safety reasons. The P & Z decided in December that in its view the City should not require Conditional Use Permits for the outdoor seating at McDonald's because it does not include waiter /waitress service. The commercial building architectural standards in the zoning ordinance prohibit EIFS from being closer than three feet to the ground, and EIFS must not comprise more than 30% of the front of a building. Changing the lower 3' would reduce the percentage of EIFS on the north (front) facade. In addition, the south wall does not include any differentiation of base- middle- top other than the cornice along the top of the cold storage and trash areas, which only extend across part of the building on that side. A few minor revisions would ensure the attractive features apply on the entire building. At the December P & Z meeting, the applicants exhibited a picture of a revision to this building that appeared to comply with City requirements. However, we had not received actual elevations or the description of building materials to ensure compliance. •Lot 1, Block 2, Kwik Trip With Car Wash (sheet A5 and others): Both buildings have red brick walls with tan brick courses for visual variety. The store has a wide stucco band as well. The metal peaks are green. The store is 21' high with 31' peaks. The trash enclosure is attached to the car wash. The store has base - middle -top features in varying degrees on different walls. However, discussion at the December P & Z meeting noted that the car wash building lacks such features. A motor fuel station requires a CUP, which includes standards for the canopy. A car wash also requires a CUP. These are discussed below. •Lot 2, Block 2, Retail (sheet Al): The large retail building has 4" precolored block, rock face block in two colors, and EIFS of several colors. It includes the base - middle -top design elements, though the west elevation color scheme was not submitted. This building is 22' high with arched features several feet higher. The trash enclosure is attached to the building. There is a drive - through window on the north elevation intended for a coffee shop. A drive through window is a permitted use in a GB zone. A patio behind this building shown on a previous plan has been removed. Our understanding is that table seating for a coffee shop would be on the sidewalk on the east side. The P & Z decided in December that in its view the City should not require Conditional Use Permits for the outdoor seating for a coffee shop that does not include waiter /waitress service. Signage: The submittal included signage specifications. We commend the early consideration of signage as part of the project design. There are several elements of this • • Main Street Village page 13 • signage plan that will need to be amended to comply with the City's sign ordinance, including the gas station canopy, among others. Staff will confer with the applicants on these items. • • We also will need to establish the locations of monument and/or pylon signs, and show them on the revised plans. Park Plan and Park Dedication: The parks plan shows Natural Resource Protection Areas corresponding to the locations of wetlands as revealed by the wetland delineation. These are wetland areas that will be protected by existing wetland law. As noted above, the wetland mitigation plan has been reviewed by the Rice Creek Watershed District. The protected wetlands will be covered by a drainage and utility easement. In August, the P & Z expressed the desire to see pedestrian and bike access to and through the project. This is worth examining because of the trails existing and planned on the abutting roads. The Park, Greenway, and Trail System plan shows a trail along Otter Lake Road and a bikeway and linking trail along Main Street. There is an existing trail on the east side of Otter Lake Road. There is an existing trail on the north side of Main St. starting at Otter Lake Road and going east. There is no trail currently abutting the project site. The Main Street/Otter Lake Road intersection is a good crossing point because it is signalized. However, getting to the project site should be addressed. Pedestrian and bicycle access to and circulation within the project was not indicated on the submitted plans. This must be addressed on new plans. Park dedication for commercial development is $2175 per acre. For development that includes 24 acres of upland, this would be over $52,000. Dedication cash can be credited for trail construction that is part of a development project. Conditional Use Permits Several CUPs are needed for the project: a motor fuel station and a car wash. The actual requirements in the Zoning Ordinance are attached to this report or reference. Motor Fuel Station: Section 7, Subd. 3.H.7. lists the requirements for a motor fuel station conditional use permit. The submittal complies with many of the CUP requirements, but some require attention. Unresolved issues are discussed below. The building meets the architectural standards. However, the submitted canopy design does not comply with our requirements on the following points: • The fascia cannot be more than three feet in vertical height and the submittal is almost four. • The canopy may have contrasting color bands not to exceed an accumulative width of four inches. The submittal shows two bands of about six inches each, totaling approximately twelve inches. • The canopy lighting must be recessed. We do not have details or fixture cut sheets for the canopy lights. Main Street Village page 14 The ordinance requires that at least 25% of the lot used exclusively for the gas sales facility shall be landscaped. The car wash is on the same parcel, so some judgment will be needed. However, we do not have landscaped area percentages for each lot, so we will need this data for Lot 1, Block 2. The CUP standards for a motor fuel station include several access and circulation requirements. Vehicular access points shall create a minimum of conflict with through traffic movement. The site design must accommodate adequate turning radius and vertical clearance for a semi - trailer truck. The P & Z noted during the concept review discussion that truck circulation requires attention. Truck circulation on the site is still unresolved. This must be addressed. Car Wash: The CUP requirements for a commercial car wash are listed in Section 7, Subd. 3.H.3. To summarize: a. The site will be served by sanitary sewer. b. The architecture is consistent with the surrounding buildings. c. Stacking space must accommodate the number of cars that can be washed in 30 minutes. We will need to ascertain this information. d. Landscaping along residential property is not an issue on this site. e. Screening of stacked cars from residential property is not an issue on this site. f. The site will be paved according to typical City requirements. g. The drainage of the area must meet City requirements, including the AUAR mitigation plan. h. Lighting effects on abutting residential properties is not an issue on this site, but lighting fixtures must meet City requirements. i. Vehicular access to the car wash is through the gas station site. As long as that is resolved, there are no car wash access problems. j. The site is next to an interstate freeway and an interchange with county state aid highway. Car wash noise is not an issue. Note: The January 3 submittal shows a redesign of the car wash site. Additional parking has been added on the west side of the car wash and the new plan shows a single bay wash rather than a double bay. Outdoor Seating, Lot 2, Block 1 (McDonald's) and Lot 2, Block 2 (retail building): The Zoning Ordinance requires a CUP for "restaurants with accessory outdoor dining facilities" in Section 7, Subd. 3.H.12. The ordinance does not distinguish between outdoor seating areas where full service is provided at the tables and outdoor seating where the patrons purchase food inside and bring it outside and eat. The report for the December P & Z meeting included this issue and recommended that the P & Z discuss the CUP requirements just to ensure the issues are formally considered and addressed. The Board decided that in its view the City should not require Conditional Use Permits for the outdoor seating at McDonald's or a coffee shop that does not include waiter /waitress service. This is allowable under a Planned Unit Development, whose is intended to promote "a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations." • • • Main Street Village page 15 In the future, the City should specifically exclude outdoor tables without service from the need for a CUP. This is a clarification that should be made in the ordinance, and we can address that when we do some major ordinance revisions in the near future. ENVIRONMENTAL BOARD ACTION Stormwater management was the focus of the Environmental Board discussion on July 25. This included the importance of the design of the stormwater facilities, such as infiltration and filtration features. In addition, the AUAR requirement for volume control must be addressed in the project design. There also was consideration of revising the landscape plan to substitute some tree species and ensure plantings in infiltration areas are appropriate. The project was reviewed again on November 28. The comments are attached. RECOMMENDATION Re -open public hearing, take comment, continue public hearing to the P & Z Board meeting on February 13, 2008. Staff also recommends that the applicant agrees in writing to a 30 -day extension to the review • period to allow for revisions that will bring the project into compliance with City standards. • This review is based on the following submittals: 1. Existing Conditions & Resource Inventory, rec'd October 26, 2007 2. Preliminary Plat, rec'd October 26, 2007 3. Preliminary Site Plan (two sheets), rec'd October 26, 2007 4. Preliminary Utility Plan (two sheets), rec'd October 26, 2007 5. Preliminary Grading & Erosion Control Plan (three sheets), rec'd October 26, 2007 6. Details, rec'd October 26, 2007 7. Preliminary Landscape Plan and Details (two sheets), rec'd October 26, 2007 8. Preliminary Infiltration Details, rec'd October 26, 2007 9. Preliminary Lighting Plan, rec'd October 26, 2007 10. Building Elevations, Sheets Al, A2, A1.0, A1.1, A2.0, A2.1, A5, and two more unnumbered sheets, and color renderings received October 26, 2007 11. Phase 1 Cultural Resources Survey, April 12, 2007, rec'd May 8, 2007 12. Traffic Analysis, May 4, 2007, rec'd July 10, 2007 13. Traffic Circulation and Shared Parking Analysis, received October 26, 2007 14. Wetland Permit Application, June 2006 and June 2007, rec'd July 10, 2007, Notice of Wetland Boundary Modification Request, rec'd July 23, 2007 and revised wetland boundary approval, received October 30, 2007 15. Revised Preliminary Site Plan, Truck Circulation diagrams, and Turning Movements, received via e -mail November 19, 2007. Excerpts from the Zoning Ordinance regarding the Conditional Use Permits for this project. SECTION 7. BUSINESS DISTRICTS Subd. 3. GB, General Business District H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 3. Commercial car washes (drive- through, mechanical and self - service) provided that: a. The site is serviced by municipal sanitary sewer. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. c. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. d. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.Q of this Ordinance. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.Q of this Ordinance. f. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the City. h. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. J. Provisions are made to control and reduce noise 7. Motor fuel stations provided that: a. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. • • • • Zoning Ordinance Excerpts for CUPs page 2 2) The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. 6) Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. c. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: 1) The edge of the canopy shall be thirty (30) feet or more from the front and /or side lot line, provided that adequate visibility both on -site and off-site is maintained. 2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi - trailer truck passing underneath. 3) The canopy fascia shall not exceed three (3) feet in vertical height. 4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the Tight source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right -of -way. 7) Canopy posts /sign posts shall not obstruct traffic or the safe operation of the gas pumps. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty - four (24) feet. Zoning Ordinance Excerpts for CUPs page 3 e. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil /grit separator. Minimum design standards for the oil /grit separator shall include the following: 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four (4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenance /inspection of two (2) times per year and /or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. f. Landscaping. g. 1) At least twenty -five (25) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. 2) At the boundaries of the lot, the following landscape area shall be required: a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. b) From all road rights -of -way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. c) Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with Section 3, Subd. 4.Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of -way and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: 1) Canopy Lighting. Canopy lighting shall only be permitted under the canopy structure, and shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. 2) Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. • • • • Zoning Ordinance Excerpts for CUPs page 4 3) Illumination. Maximum site illumination shall not exceed four - tenths (.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. h. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi - trailer truck. Designated loading areas must be exclusive of off - street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. i. Parking. J. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in Section 3, Subd. 4.J of this Ordinance. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) Public phones may be located on site as long as they do not interrupt on -site traffic circulation, and are not located in a yard abutting residentially zoned property. 2) Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on -site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. I. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. m. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. SITE LOCATION, AUAR BORDER, AND FUTURE ROADS (I-35E Corridor AUAR Figure 6-2: Scenario 1) • Anoka Count y:YeeCddS3--- Scenario 1 City of Lino Lakes, Minnesota I-35E Corridor AUAR 0 zones. Oal,erc Sve Se.ear le: re 1,1,-hmaJ §:AR Boundary 1-kbad Raascsa Na120/ Adwistlw1Bourekry Feral Reseleeladiegasdere (Colurges1 Beweresy Law Denstly Ras:demi 14 We New) Feral Land Use n"; Law Id blecium Density Reselersbel (Censwilel Loss Dertstly Unseweed Rosie/mead M !Awed Use peeswile Hugo) Loa Density Sewed 1Reaidenbal CcernaroalAndustal (Centerotle) FM Mg= Dewey Peselentol M. 2020 Ltban Develsweent (Flug01 ▪ ligh Dames Reorient. Wetlands ▪ Csornerai Pswee INN lo=== = Riese Coy React Couniy -.asoge neratnactes M • PublidSous-Publc (Parks) Peeime --- Skean KM Swan 100 fl Seger Figure 6-2 Existing Trai Maumee Tsai fultee tiektideshocd Pot (Center el Some Area/ • • • COMPREHENSIVE PLAN PROPOSED LAND USE, (detail) ZONING MAP (detail) • • • • 411 TKDA ENGINEERS - ARCHITECTS - PLANNERS MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com To: James E. Studenski, P.E. Reference: Main Street Village Copies To: Connie J. Taillon, P.E Preliminary Plat Review City of Lino Lakes, Minnesota Proj. No.: 13810.011 From: Matt Woodruff, F.E. Routing: Date: January 2, 2008 The following review is based on these submittals: 1. Main Street Village Preliminary Grading and Erosion Control Plan, and Utility Plan, submitted by Pioneer Engineering, dated September 26, 2007. 2. Main Street Village Stormwater Management Plan submitted by Pioneer Engineering, dated September 25, 2007. 3. Geotechnical Report submitted by Braun Intertec, dated April 7, 2006. 4. Main Street Village Forecasted Internal Intersection Volumes and Truck Turning Templates received via e -mail on November 19, 2007. Preliminary Plan Comments: 1. The entire plat is serviced by one 8 inch watermain. A redundant connection to the City's existing water supply system must be provided. This could be established by extending a watermain to the west along Main Street and providing a looped connection to the plat; or extending a watermain to the south through the plat along the "future" access road and provide another connection to County Road 84. 2. Internal looping of the watermain system must also be provided. Currently, there is an approximately 1,200 -foot dead end watermain. 3. All of the water service connections to proposed buildings must have a 6 inch gate valve installed. 4. Due to the shallow storm sewer pipes, reinforced concrete pipe material should be considered in lieu of the proposed high density polyethylene pipes to achieve additional strength. 5. Containment for the car wash runoff must be shown on the plans. 6. In conjunction with the recommendations from the soil boring report, the parking lot typical sections must include a 2 -foot granular sub -base material. Draintile must also be provided within the parking lot areas to drain the granular sub -base. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Main Street Village Preliminary Plat Review City of Lino Lakes, Minnesota Page 2 January 2, 2008 7. In conjunction with the City's CUP requirements for a gas station, the following items must be met for the Kwik Trip oil -water separator: a. A minimum of 400 cubic feet of permanent dead pool storage capacity must be provided for each acre of drainage area. b. The minimum pool depth must be 4 feet. c. The minimum oil containment capacity must be 800 gallons. 8. The limits of ownership for the sanitary sewer and watermain utilities are being further reviewed by the City of Lino Lakes. 9. As requested by the Anoka County Highway Department in a letter dated December 10, 2007, an additional 10 feet of right -of -way will be required along County Road 84 for future construction purposes (60 feet total from centerline). Please provide the additional right -of -way within future submittals. 10. At the "future" access road connection to County Road 84, the City of Lino Lakes is requiring additional right -of -way. The additional right -of -way must be configured as a 30 -foot by 30 -foot triangle on the north side of the right -of -way at the connection to County Road 84. The right -of -way triangle is to facilitate the installation of a future traffic signal. 11. The Fire Department has reviewed the hydrant locations and they are recommending that the proposed hydrant locations be adjusted. In addition, the Fire Department is recommending that two additional hydrants be installed in the parcel north of the existing bank. A map will be provided to the Applicant for incorporation into the proposed plans. 12. The attached drainage comments, dated January 2, 2008 must be addressed. Traffic Analysis Comments: 1. An intersection capacity analysis must be performed for the year 2030 at the Slip Ramp/Main Entrance intersection. 2. The traffic volume shown entering the site via the slip ramp is the same (189) for Phase 1, Phase 2, and 2030 and the traffic volume shown entering the site via the southern entrance is the same (154) for Phase 2 and 2030. Please verify if these volumes are correct and, if they are correct, explain why the volumes for these various periods are the same. • TKDA • ENGINEERS • ARCHITECTS • PLANNERS • MEMORANDUM To: Matthew Woodruff, P.E. Reference: Main Street Village 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 fax www.tkda.com Copies To: James E. Studenski, P.E. Drainage Review Proj. No.: From: Connie J. Taillon, P.E. Routing: Date: January 2, 2008 The following drainage review is based on these submittals: City of Lino Lakes, Minnesota 13810.011 1. Main Street Village Preliminary Grading and Erosion Control Plan, and Utility Plan, submitted by Pioneer Engineering, dated September 26, 2007. 2. Main Street Village Stormwater Management Plan submitted by Pioneer Engineering, dated September 25, 2007. New comments are in bold and identify items that need to be addressed. The following are significant issues that must be addressed prior to Preliminary Plat approval: 1. The Geotechnical Report does not indicate the seasonal high ground water elevations for the site, which is identified as the mottled soils or highest anticipated ground table. Provide documentation indicating the highest anticipated groundwater elevation. The lowest floor elevations are required to be 4 feet above the seasonal high groundwater elevation. 2. Clarify if the first floor elevations labeled on the Plans are also the lowest floor elevations. 11/19/07 This item has been addressed. The following are minor plan, calculations, and drafting corrections that must be addressed prior to final approval: 1. The pond outlet pipes are required to be a minimum of 15 inches in diameter. 11/19/07 This item has been addressed. 2. Indicate the overland overflow elevations for all infiltration basins, ponds, and low points in the parking areas on the Grading Plan. Low openings are required to be 1 foot above the overflow elevations. 11/19/07 Label the overflow location and elevation of biofiltration basin I7 and the wetland mitigation area on the Grading Plan. Many of the infiltration basins have multiple overflows (storm sewer inlets) as shown on the Plans; however, the infiltration basins are modeled as having only one primary outlet. For example, infiltration basin IA5 appears to have two overflows (catch basins), yet the infiltration basin is modeled as having only 1 primary outlet (1.50'x1' horizontal orifice /grate). Please clarify. • 3. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Main Street Village Drainage Review City of Lino Lakes, Minnesota Page 2 January 2, 2008 • 11/19/07 This item has been addressed. 4. Indicate the high water level for all infiltration basins on the Grading Plan_ 11/19/07 Label the high water elevation of the existing south wetland and wetland mitigation area on the plan. In addition, revise the high water elevation for biofiltration basin 8 and the south wetland to be consistent with the peak elevations in the proposed conditions model. 5. To provide a well aerated, highly porous surface, it is recommended that the soils of the infiltration basin floor be loosened to a depth of at least 12 inches prior to planting. 6. Provide a cross - section detail of the infiltration areas on the Plan that includes type and depth of engineered soil. 11/19/07 This item has been addressed. 7. Show the location of all inlet protection, along with a detail of the inlet protection, on the Erosion Control Plan. In addition to the locations shown on the Storm Water Pollution Prevention Plan, inlet protection should be placed in existing catch basins located near the construction entrance to the site. 11/19/07 Include a detail of the inlet protection on the plan. 8. It is recommended that the stormwater pond bench area be seeded with native vegetation to enhance soil stabilization, nutrient uptake, and wildlife habitat within the pond. 11/19/07 This item has been addressed. 9. Submit storm sewer calculations for review when available. 10. Submit a copy of the NPDES permit for the City's records when available. 11. Approval from Rice Creek Watershed District (RCWD) is required. Submit a copy of the RCWD approved permit when available. 12. Clarify why the total existing area defined in the model is approximately 4 acres less than the total existing area defined in the model dated May 3, 2007. Revise the current existing conditions model so that the total area is equal to the area in the model dated May 3, 2007. 11/19/07 This item has been addressed. 13. Existing rates may change due to modifications of the model based on comment 16 above. Rate control requirements will be reviewed when the revised model is submitted. • 11/19/07 This item has been addressed. Additional Comments (11/19/07) 14. Label the low floor and low opening elevation of the existing bank building on the Grading Plan. 15. Provide pretreatment of runoff prior to discharging into biofiltration basin 9. 16. It is recommended that trees native to wetlands of the region be planted in the wetland mitigation area. • • • • Main Street Village Drainage Review City of Lino Lakes, Minnesota Page 3 January 2, 2008 17. Include a detail of the Enekamat overflow for biofiltration basin 9 on the plan. 18. It is highly recommended that the curb cut openings be a minimum of five feet. Past experience has shown that water flowing in the curb line may bypass a curb cut opening that is less than five feet. 19. Include a note on the plan stating that the sod filter strip at each curb cut needs to be lower than the back of the curb cut. Additional Comments (01/02/08) 20. Stormwater management areas within the AUAR are required have side slopes that are less than or equal to 6:1. Revise the side slopes on the plan and section view of the wetland mitigation area on Sheet 10 to a maximum of 6:1. 21. The AUAR indicates that drain tile exists in the vicinity of the site. Confirm that drain tile does not exist at the proposed project location. Memo Environmental To: Paul Bengtson From: Marty Asleson Date: 11/29/07 Re: Environmental Board Recommendations of November 28, 2007 Environmental Board Recommendations for Main Street Village The following recommendations were made by the Environmental Board at the November 28th Environmental Board meeting: 1. All stormwater volume and flow designs must be evaluated for conformance to RCWD and AUAR standards. 2. Site access for surface water treatment areas must be shown on the map. 3. Slopes of wetland mitigation areas be changed to conform to the AUAR. 4. Recommend 1 -2 inch scrapping the wetland soils in the freeze /thaw situation to control reed canary grass. Also recommend the scraped soils in wetland fill areas be salvaged and stockpiled for use in the wetland mitigation area. 5. In general, there should be a narrative to the Boards and the City Council addressing all of the mitigation strategies presented in the AUAR that effect this development. 6. All infiltration areas and wetland mitigation areas should be seeded with the city native seed mix. The city transitional mix is shown on the plan and this is a good mix between cultural areas and wetland /pond areas. The BWSR U8 mix is shown on the wetland mitigation slopes. A better mix selection from the BWSR choices would be the WI mix. However, I would again recommend the city native pond seed mix for this area, supplemented with flowering native plugs every 10 feet. All biofiltration areas should also be supplemented with flowering plugs. Biofiltration areas planted • Page 1 • • with the transitional seed mix should have a low- profile height associated with the forbes. All native seed mix areas should be planted by a contractor on the Minnesota Department of Natural Resources list of contractors. The native areas should be maintained for a minimum of 3 years by the approved contractor and if possible burned at the end of 3 years. 7. More trees should be planted particularly in type C and D soils. The C type soils intersect biofiltration pond number 9 and wetland mitigation area 10 on the north side, east side, south side and south west comer. Salix 'Golden Curls' is a marginally hardy plant and non - native. The AUAR recommends that water infiltration areas be augmented with large herbaceous woody plant materials such as Aspen and Cottonwoods. Therefore substituting more of these types of species and more abundantly in the type C soil areas is in accordance with the AUAR recommendations. Cottonwoods must be of the non - seeding types. Recommend one tree per 25' O.C. in these type C soil areas. 8. Side slope of the wetland mitigation area be no steeper than 6:1 horizontal to vertical. 9. Site access for maintenance reasons must be shown on the plan for stormwater treatment areas. 10. A letter be written to the City Engineering adding issues to the project Storm Water Pollution Prevention Plan 11. Keep parking stalls down to the minimum allowed by zoning code. Add pervious paving if additional parking stalls are necessary. 12. Lighting should not exceed the city minimum lighting allowed by city code. Canopy lights of the gas station must be flush mounted bulbs that present no glare issues and downward directed. Monuments should be kept to a minimum and minimize light spill. 13. Request planning staff review trash and recycling accessibility as they relate to truck movements. 14. No soils may be imported or exported to the site without city approval. Soils hauled in should not be substantially different from soils that were inputted into the stormwater model. Motion: Motion was made by Bor, seconded by Andrzejewski to approve the recommendations and forward to Planning & Zoning. • Page 2 • • • Ian aid 1 sorrier �- — — — - - 7`�_=� mrcRticp.r. s`� i 4G® sane: •ca.nr sew e , ` .. -- -- . r....0......-- � Iepeear ! n s` zc m4 1® 6. 200.OD $4114 ��.� =�lyRt• o- .e..e. C 11/ n / .fr /.:,`o Z /S %4 w I : atheet176 rte eArmr ems) y — m.e of —s. 2t 1324 fans Rat W ee snot2 GRAPHIC SC.gLE o ® 1m ZS ( DIPffi) that MD b. PI SNEER enpineertni e / Lbo pen. man Ow sma i of gaol, Sawn Ae .11pe-w Po. »\ sus= ewe r l Li \LU pIi :i 116 , ,, ,r-s/ ...:VI \ V L. 1 WC OUTLOT B 5617.Da RC ( kler `" 4 rt.) 0410` pR -1 laeirn bow.. OUTLOT A *96.05. se-+t 56 r OUTLDT D a 310fmd -e5731E so- ft) : ' /' e-: ' , !i 4 if ,4 tom' _y- _ 0004 ea k 1�� J �,smu ve corer rc 3t4 eaa Moot em aeen.nd) .ee 942..75 NtL"555:-E 4- `r L/ 1 0 KO a � a g i „ ri E 4-0* I �'� Z J 151 21 30 4-w ` I 613 ai, of lane lane.. I 1,1 Ter a223[ lour Go, SITE DATA TOTAL BOUNDARY AREA 28.33 AC. TOTAL RIGHT -OF -WAY AREA 0.10 AC. NUMBER OF L01 SMAI I ~ST LOT LARGEST LOT 35,175 SOFT. 677,301 SD.FT. EXISTING ZONING GENERAL BUSINESS PROPOSED ZONING GENERAL BUSINESS PUBLIC UTILITIES AVAILABLE LEGAL DESCRIPTION TMt r. REGISTERED LAIC S)R'_r NO_ 240, Anna Caeerty, Minnesota Cis) AND NesCi,piien Per Doc No. 1375258 (At) That part of the Southwest Duarte- of the Northeast Duarte- a` Sootiest 24. Teetddp 3), Reese 22 thathrithel es Nem= Begmneeq at the point of intersection of the South the of County State AI4 Ifeemay 14 and the Eonaly .4,i of way inn of Wien:tate thmez East thong sold South the of County StMFe 410 ftghaay Nit 14, o doles= of 200 feet throws of o right angle South 2ST) hest Demos at a right angle West 29622 teal to the easterly right of troy the of edentate }tray N . 35= then ere Northerly thong said Easterly rlctt -of-.ay the 275.62 tee{ to the peek of tegseeveg errmde2g to the United Stater Government 9gvey thereat tt■e•• Sera mat sot 1221.8.124 te201-042 Co oa Rapids UFC 7m um Av..cc iolil1e01230 12081131110 sa224420 rea,me,anserewpooery �rseee< : real e moon trauma- Mess Yc1E Loo..... See .arsoloo_ ffi 2w 0.922 1. 210110012, Cams= 2204242, C.zsgeosi PRELrMINARY PLAT AZURE PRIPFETI =-5 P1. BDX 17® Si. PAUL MINNESOTA.5511, MAIN ST'RMT VILLAGE UN71LAi.E3. S9h7S5UTA 3 OF 16 SHEET 51 • • • • f It■ _I. MIL. • e 1- - • PROPOSED /1 _ 1,449001c .V_Isacr LC ar WC. =MAX UDE DRIVE THRU r — — OTTER LAKE ROAD ;-- j. MeDONALD'S 4567 5" RI. 2 177P.1 I ! TAMS_ SINP1119 UAW MALL £ A' WM AWE imam mar 11 TRASH F. I 1 DRIP CUM 1 RETAL 6500 SF PEA—, ROE 14AMECA PAW= Aar 1-1,9„) I : • • - 0 MP= SC.ALL IR PE= ;i ..., 4'L'1 ,...-• t .1.-I ,..-•". i 1 i DCSTING BUILDING 1, MEP SEE EEO& Ls. c;) AT CAM Mal I T =Ts SASS MAL C4E- ALT , as MT 19/7E1 25. LCORIZWEE T.11'16t KILIZT SEE 1:ETALB.S."1 Cul71:9 OUTLOT A 11171T17/1) rt. ri If I CS SITE DATA 'TOTAL SITE AREA — 1D.DE AC. (EXCUJDING OUTLDTS & D TOTAL IMPSRMOUS AREA — 6.136 AC (5(2:1% OF TOTAL) PARKING SUMMARY FOR McDONALDS/RETAL 69 F'ARKIIC STALLS 4 HANDtOAP PARKING STAUS 73 Tf3TAL STALLS PI eNEERengineering 2. boss.= Dee ........9=•_■se leintA4P4 1.9114.115 Coon Ranixis Office AND R.D.W.) OUTLOT D E OUTLOT B DROP CURB AT CATCH BASIN WETLAND COS AT WA RAE 2MDT5/ DENOTE 8612 TIP OUT CURB & GUTTER DEND1 B612 CURB k GUTTER (SE SITE PLAN FOR SURMOUNTABLE CURB P-S) NOTE: ALL DIARDISIONS ARE TD BACK OF CURB. 291Slol*q.V. Cesa kigislx-IN ZEE P.3) TI0.41•11 Dem krseeNTIle .11,...mpsed ▪ moww,bega.snri.s.adba 1 ▪ •Ibo. Load Ralemilm. tapsser oar., Yara It llama& Miasma R.... TINT ifftkeEtlft2' LT7A,WOSCTnV 122016- LCITT DROP CURB 9909, BSc Cols k seITER bar 700; 00 1.11m. SAC PREIMINARY srm PLAN AZURE PROPERTIES P.D. HOE 17/31 ST. PAUL NONNEXMA ISM MAN STREET VILLAGE Lint) LAKES, mmtasan, 4 cE 16 k* ...! f Is) r 0 I. . , • • leo.SIf -IS tax. OE OK 06-99 D5 MOT BOO 90! AT =MOO Is IIELAL " CUTP3! 5711. rn—t) STAMIT COSTIACT POAW. I PIMP CIAO AX IDA POW SE LEM. B: I WEI= 1107 PC oar rIr191 WM —VOW an AT CA101 015111 Sa MAIL ND LOT rusa, DRIP DAD OMB AT CATLIN MON A7 LOW PENT SEE term. SE OEM- OVERHEAD CANOPY ne I I I F ▪ GAS ▪ PUMPS ;k_: DO NOT onot . sce I5—I) LINES !HALL LE 4. OLD 191119 IMP an AT ZJZICM luta 13E1AL TIIPSCALSIngea■-- LIP= tatxu. iE I Ore FMK TRIP 5255 SF I ti.3 OOP OM Kr Lem Pale BEE LEW GRAPE= =ALE W FELT cx.rn TYPES D5.101 B612 TIP OUT CURS & GUTTSR DENOTES 55I2 MIRE ie MITSUI NOTE ALL DINGNSIONS AFC TO BA= Of CURE. OOP COO AT CAIILAI 1.5111 LEL@ SITE DATA TOTAL SITE AR2A - MATE AG (DtCLIICCS OUTLOTS E & D AND FLO.W.) TOTAL IMPERVIOUS AREA - 6.06 AC (6C1.12 OP TOTAL) PARKING SUMMARY FOR KWIK TRIP 13 PARKING STALLS 2 HANDICAP PARKING STALLS 15 TOTAL STALLS g I Ei 11 t a PARKING SUMMARY FOR RETAIL BUILDING 125 PARKING STALLS 4 HANDICAP PARKING STALLS 126 TOTAL STALLS CAR 'WASH 2B05 W , 1 7 PARKING LOT PAVEMENT SECTION PAWADO 51104 • P*911110 2 11101 011P.) RETAIL 111..200 W _J PigNEERengineering 21:121monsaPenr Iftwleallopar_007131. 1115111114.1,I. F.:MAW Cose Rtwiris Off VETUIND • -.- OUTLOT C att c.....roktr-wmatt pot 1r-um fm=704M thes*remarkrlastieep.mapaasedl, sorowler,ftepagarrikostelgal amaddyLkemed keie■walEz.r■er Islerbelmusallabasof Paisem. Vas O_ • 166,, SAW , 2 Orr AROCLIBILTAZOLICI6 L CITTIOVIZOIS. it L. r kOAK 2.911fiff/ One. 61566 Leeman! 1INS Den. FAL PP P"...—LIKENIARY SrTE PL_AN DUTLOT B AZURE PROPER_TES P.C. II= SI. PALE— SMOIRSOD. 313117 DROP CURB AT CATCH BASIN MAIN STREET VILLAGE LIAM L.ARM, 216 PROPOSED CHANGE Delete this section or clarify it to apply only to candidates for mayor and city council. REASON It is unclear whether this provision as written is intended to apply just to candidates for city offices, or any candidate for any office. Under M. S. § 211A.02, a home rule charger city may adopt provisions like these relating to city elections. But, not even a home rule charter city may not require campaign fmance reports from candidates for public office, other than persons running for city elections. 216.03, Subd. 2 F and G. PROPOSED CHANGES Delete these two paragraphs. REASON The citations are to definitions, not restrictions or prohibitions. If these uses of campaign funds are restricted by state law, then these restrictions exist in other parts of state law and need not be referenced in the city code. 216.03, Subd. 4, paragraph I PROPOSED CHANGE Delete this paragraph. REASON Who or what is the city's election board referenced here? This term is not defined in 216.01 and I find nothing in the code creating such a board. 216.05 PROPOSED CHANGE In the first two paragraphs, the reference "Per State Statute" should be deleted and a reference to "M. S. § 211A.12, as it may be amended from time to time" inserted. In the third paragraph, a reference to M. S. § 211A.12 as it may be amended from time to time" could be substituted. REASON If statutes are to be relied upon, then the reference should be complete. 216 PROPOSED CHANGE Delete this section or clarify it to apply only to candidates for mayor and city council. REASON It is unclear whether this provision as written is intended to apply just to candidates for city offices, or any candidate for any office. Under M. S. § 211A.02, a home rule charger city may adopt provisions like these relating to city elections. But, not even a home rule charter city may not require campaign finance reports from candidates for public office, other than persons running for city elections. 216.03, Subd. 2 F and G. PROPOSED CHANGES Delete these two paragraphs. REASON The citations are to definitions, not restrictions or prohibitions. If these uses of campaign funds are restricted by state law, then these restrictions exist in other parts of state law and need not be referenced in the city code. 216.03, Subd. 4, paragraph I PROPOSED CHANGE Delete this paragraph. REASON Who or what is the city's election board referenced here? This term is not defined in 216.01 and I find nothing in the code creating such a board. 216.05 PROPOSED CHANGE In the first two paragraphs, the reference "Per State Statute" should be deleted and a reference to "M. S. § 211A.12, as it may be amended from time to time" inserted. In the third paragraph, a reference to M. S. § 211A.12 as it may be amended from time to time" could be substituted. REASON If statutes are to be relied upon, then the reference should be complete.