HomeMy WebLinkAbout02/04/2008 Council Packet•
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WORK SESSION AGENDA
CITY OF LINO LAKES
Monday, February 4, 2008
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Charter Amendment Review
2. EDAC Business Survey
3. Eagle Brook Lighting Update
4. Police Administrative Staffing Structure
5. Compensation Audit RFP — Continued Discussion
6. Professional Service Firms
7. Comprehensive Plan Update — Land Use Plan
8. Animal Control Regulations Ordinance
9. 2007 Goals Fourth Quarter Report
10. Spirit Hills Parking Update (requested by Council)
11. Review of February 11 Regular Meeting Agenda
Adjourn
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REVISED
WORK SESSION AGENDA
CITY OF LINO LAKES
Monday, February 4, 2008
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Charter Amendment Review
2. EDAC Business Survey
3. Eagle Brook Lighting Update
4. Police Administrative Staffing Structure
5. Compensation Audit RFP — Continued Discussion
6. Professional Service Firms
7. Comprehensive Plan Update — Land Use Plan
8. Animal Control Regulations Ordinance
9. 2007 Goals Fourth Quarter Report
10. Spirit Hills Parking Update (requested by Council)
11. Charter Commission Expenditure
12. Review of February 11 Regular Meeting Agenda
Adjourn
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WS — Item 1
WORK SESSION STAFF REPORT
Work Session Item 1
Date: January 30, 2008
To: City Council
From: Gordon Heitke, Administrator
Re: Substitute Charter Amendment Review
Background
After receiving the report and recommendations of the Citizen's Task Force to Review
Charter Provisions Pertaining to Local Improvements in July 2007, the council acted to
refer a proposed 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 acknowledged receipt of the document at the council
meeting on December 10, 2007.
Staff presented a process and timetable to allow for the review of the substitute
amendment and to accommodate options to place an amendment on the November, 2008
ballot. The first step, a technical review of the substitute amendment by bond counsel,
financial advisor and staff was initiated January 3, 2008 for a report to be presented to
Council on February 4, 2008.
City staff has no additional comments to those made in the Kennedy and Graven and
Springsted reports.
Attachments
1. Charter Commission Substitute Amendment
2. Report of Stephen Bubul, Bond Counsel, January 28, 2007
3. Report of Terri Heaton, Financial Advisor, January 29, 2007
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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,
044:i
Cori M. Duffy
Chair, Lino Lakes Charter Commission
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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.
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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.
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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 I. 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
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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.
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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 (' /a) of the southwest quarter (1/4) of Section 18; and
- that part of the south one half (' /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
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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 (' /2) of the northeast quarter (1/4) of Section 17 lying west
of the Anoka County Park property; and
- the south one half (1/2) of southeast quarter (1/4) of the southeast quarter (1/4) of Section
8; and
- the southeast quarter (1/4) of the southeast quarter (1/4) of the southwest quarter (1/4) of
Section 8; and
- the east 330 feet (+ or -) of the northeast quarter (1/4) of the southeast quarter (1/4) of
the southwest quarter (1/4) of Section 8.
Subd. 3. Single family residences protected. Special assessments shall not be imposed on a
single family residence if the residence meets all three of the following criteria:
(1) The residence is located within the area described in Subd. 2 above; and
(2) At least 80% of the residence is used exclusively as the owner's residence, and not
for a business; and
(3) The residence has been owner- occupied since at least September 30, 1993. If the
residence was empty between owners, this still counts as owner occupied.
Subd. 4. Notice and objection. When public improvements are proposed which would result in
special assessments on a single family residence located in the area described in Subd. 2 above,
the City shall send a certified letter to the owner of the residence prior to the first public hearing
on the proposed public improvements. In addition to the requirements in state law, the letter
shall inform the owner that the owner will not be specially assessed if (a) the owner's residence
meets the three criteria in Subd. 3 above (which shall be listed in the letter), and (b) the owner
gives the City Clerk a written statement, prior to the close of the public hearing, that the owner
objects to being specially assessed.
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Subd. 5. Effect of objection. The City shall not assess an owner who submits a signed written
statement objecting to being sp -cially 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.
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Kennedy
C H A R T E R E D
Offices in
Minneapolis
Saint Paul
St. Cloud
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300 telephone
(6I2) 337 -9310 fax
http://www.kennedy-grayen.com
Affirmative Action, Equal Opportunity Employer
4•H-ctJPJ1Qv 1- 2.
STEPHEN J. BUBUL
Attomey at Law
Direct Dial (612) 337 -9228
Email: sbubul@kennedy- gaven.com
January 28, 2008
Gordon Heitke
City Administrator
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Re: Responses to Charter Commission Amendment to City Charter
On July 9, 2007, the City Council of the City of Lino Lakes (the "City ") approved the
first reading of an ordinance amending Chapter 8 of the Lino Lakes City Charter.
Subsequently, the Charter Commission submitted to the City Council an alternative
amendment to Chapter 8 of the City Charter (the "Commission Amendment ").
You asked us, as the City's bond counsel, to review the Commission Amendment and
report to you regarding any legal or financial concerns we might have with that proposal.
My report follows.
Section 8.01. Power to Make Improvements.
Subdivision 1: This subdivision is a simple statement empowering the City to make any
type of "public improvements" not forbidden by law. It is identical to the first clause of
the first sentence in existing Chapter 8 of the City Charter. However, the term "public
improvements" is not defined anywhere in the Commission Amendment. By contrast,
existing Chapter 8 defines the term "local improvement" as any public improvement
financed partly or wholly from special assessments. That is, the current City Charter
clearly explains that Chapter 8 is relevant to public improvements only if some portion of
the cost will be financed with special assessments.
The lack of a defined term introduces a significant question about the applicability of the
charter to improvements that are not specially assessed, which in turn creates a potential
problem for City financing of improvements generally.
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Gordon Heitke
January 28, 2008
Page 2 of 13
Subdivision 2. This subdivision heightens concerns raised above about the scope of
Chapter 8. I will address the two sentences separately.
First Sentence. The first sentence states that all public improvements, whether financed
from general revenues or special assessments, "shall be primarily designed to give direct
benefit to properly currently occupied by residents or businesses in the City."
This language creates several difficulties. First, it purports to lay down a general
principle for all improvements, whether financed by assessments or "general revenues."
As such, it suggests that Chapter 8 now governs almost all improvements the City might
undertake, including (potentially) parks, public works and city administrative facilities.
That result makes little sense, as there is no apparent reason why special assessment rules
and procedures should have any relevance to improvements financed without special
assessments. (Indeed, Minnesota Statutes, Section 429.021, subd. 3 expressly states that
improvements financed without assessments are not governed by that chapter.) This
result also raises significant questions about the City's ability to finance any type of
improvement supported in part by general revenues: if all such improvements must be
primarily designed to benefit currently occupied property, many types of improvements
will fail that test (a new fire station is one example).
Aside from the problem of scope, the language itself is ambiguous, requiring that
improvements financed with "general revenues" be "primarily designed" to give "direct
benefit" to property "currently occupied." Each phrase is fraught with difficulty. The
term "general revenues" is not defined —is it broader than general tax dollars? Does it
include utility revenues? When is an improvement "primarily designed" to benefit
property? Is the council's intent a factor in the analysis? What is a "direct benefit" as
compared to an indirect benefit? A large body of Minnesota case law provides guidance
about how "benefit" is determined in the context of special assessments (i.e., by an
increase in market value), but these new terms would raise questions about whether some
new standard applies under this charter. And if the improvement must benefit properties
that are currently occupied by residents or businesses, what happens to property that
enjoys an increase in market value but is not "occupied ?" Nor is it clear what the term
"currently occupied" means. It could mean "developed with existing improvements," but
there are other interpretations. Suffice it to say all these ambiguities would raise
questions of fact and interpretation, in turn hampering the ability of citizens, staff and
legal counsel to understand and use the Charter.
Second Sentence. The second sentence seems to prohibit the use of assessments to
finance "public improvements primarily designed to open up new areas of the City for
development." As in the first sentence, the key terms are undefined, leaving large
questions of interpretation (particularly regarding whether an improvement "opens up
new areas" and whether it was "primarily designed" to do so). Further, this sentence
goes beyond the arena of special assessments, barring the use of any general revenues for
these types of improvements. In effect, the charter would prevent the city from
undertaking these types of improvements at all unless funded with resources that are
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Gordon Heitke
January 28, 2008
Page 3of13
neither assessments nor the undefined "general revenues." The result would be a
significant impairment of the city's ability to undertake improvements in these areas.
A more fundamental question is whether the City Charter may absolutely prohibit special
assessments for all or certain types of improvements that would otherwise be assessable
under Chapter 429. Minnesota Statutes, Section 429.021, subdivision 3 indicates that
when the cost of any improvement is defrayed by special assessments, "the procedure in
this chapter shall be followed unless the council determines to proceed under charter
provisions." Clearly, a charter may establish an alternative procedure for carrying out
special assessment financing (as the Lino Lakes Charter has done in the current Chapter
8). It is not clear, however, that a charter may supersede the substance of Chapter 429
and flatly prohibit the use of assessments as a financing tool.
A full discussion of the relationship between city charters and state law is beyond the
scope of this letter. However, in our view Subdivision 2 creates the potential for
litigation based on a claim that the charter is preempted by (or conflicts with) state law.
Section 8.02. Relation to State Law. This subdivision clarifies that state law "relating
to local improvements" applies except as otherwise provided in the charter. However,
this subdivision uses the term "local improvements" without defmition, while the rest of
the Commission Amendment uses the term "public improvements." As noted above, the
lack of defined terms creates ambiguity and uncertainty.
Section 8.03. Power to Impose Special Assessments.
Subdivision 1. This subdivision partially reiterates state law regarding the general rule
of special assessments, i.e., they can be imposed only when the improvement provides a
"special benefit." The only concern we have is the statement that such special benefit
must be enjoyed by "adjacent or nearby properties." As noted above, there is a large
body of law about measurement of benefit, and the proximity of a property to the
improvement is not always critical in that analysis. Arguably, adding these terms in the
charter limits the ability to find benefit where it would otherwise exist under state law
(i.e., where the property's market value is increased by the amount of the assessment).
As such, this provision could impair the city's ability to undertake certain kinds of
improvements, and could also raise the question about preemption by state law (similar to
the issue raised under Section 8.01, subdivision 2).
Subdivision 2. This provision prohibits the use of special assessments for maintenance
(except in the case of a 100% petition). As with the prohibition on assessments for
improvements designed to open up new areas of the city, this provision might conflict
with or be preempted by state law.
Further, reading this provision together with the first sentence of Section 8.01,
subdivision 2, the charter leaves almost no authority to undertake street maintenance at
all. Section 8.01, subdivision 2 indicates that all improvements funded with general
327632v3 SJB LN140 -86
Gordon Heitke
January 28, 2008
Page 4 of 13
revenues (even absent special assessments) must be designed to give a direct benefit to
property currently occupied. Under Section 8.02, subdivision 2, the city may not assess
any property for maintenance, which presumably means that maintenance is not
"primarily designed" to provide a direct benefit. As such, this work may not funded with
general revenues either. Even if maintenance is construed as "primarily designed" to
provide a direct benefit (and thus eligible for funding with at least general revenues), that
would apply only to property that is currently occupied by residents or businesses; streets
adjacent to unoccupied property could not be maintained unless financed with some
revenue source other than general revenues or assessments. The net result, under these
two charter amendments, is a significant limitation on the City's ability to carry out
routine street maintenance. If the charter inhibits the City's ability to perform street
maintenance, the useful life of streets will probably be shortened, full reconstruction will
probably be needed more often, and total costs will probably be higher over the long
term.
Finally, aside from the above obstacles, there is no "bright line" that distinguishes
maintenance from reconstruction. Many projects involve some elements of both, even
within the same stretch of a street. Determining when a project is "maintenance" that
falls under this subdivision would be difficult.
Subdivision 3. This subdivision prohibits the city from requiring properties to connect to
sanitary sewers if the property has a working private system, unless the system fails or
the property is conveyed to a new owner. This provision is similar to policies or
ordinances in some cities. My only observation is that by including this language in the
charter, the City is precluded from revisiting this policy decision in the future without the
cumbersome process of a charter amendment.
Subdivision 4. Like subdivision 1, this subdivision partially reiterates state law
regarding how assessments should be calculated. However, the reiteration contains two
apparent variations from state law. One is the statement that assessments shall be
imposed "uniformly on similar properties." Case law on the spread of assessments is
well - developed, and generally requires that similar properties are treated similarly. The
new phrase may or may not represent a change in law; the intent is not perfectly clear.
The other variation is the statement that special assessments not exceed the "benefit,"
without a qualifying reference such as "in accordance with state law." Under state law,
the test is whether a property receives a "special benefit," as acknowledged in Section
8.03, subdivision 1 of the Commission Amendment. Again, it is not clear whether the
intent is to follow the standards of state law or to create some new test.
Since state law governs all procedures except as otherwise provided in the charter (see
Section 8.02), these phrases are not necessary if they are not intended to vary from state
law. If these phrases are intended to vary from state law, they are unclear and troubling.
In our view, the entire subdivision introduces another element of uncertainty that is best
avoided.
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Gordon Heitke
January 28, 2008
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Section 8.04. How to Initiate Public Improvements for Which Special Assessments
may be Imposed.
Subdivision 1. This subdivision describes the city's desire to protect residents from
having to pay assessments for improvements they do not want. As such, it is a statement
of philosophy and policy rather than a rule or procedure. While broad statements of
policy were once common in legislation, they are typically avoided now because they add
nothing of legal significance and could have unintended consequences in future litigation.
Subdivision 3. This section describes the process for a 100% petition. The only concern
relates to the Council's action on receipt of a petition. The subdivision indicates that the
council may adopt a resolution to "initiate" the relevant improvements by a simple
majority vote. It is not clear what the term "initiate" means. Under Chapter 429,
improvements must be "ordered" by the council before bonds may be issued. Also, since
the subdivision also indicates that state law governs these improvements aside from the
requirements of this subdivision, the language should be clarified to harmonize better
with Chapter 429 (which, for example, calls for a resolution finding that the required
number of signatures has been filed with the city).
Subdivision 4. This subdivision describes the process for a 25% petition. Our concerns
relate to the technical language. First, the language calls for a petition by owners of more
than 25% of the "property proposed to be assessed." Under this language, petitioners
identify who should be assessed for the subject improvement. However, which properties
benefit is a question of fact that must be determined by the city. In Chapter 429, the 35%
petition requirement calls for signature by owners of at least 35% of property abutting the
named streets. See, Minnesota Statutes, Section 429.031, subd. 3. In the existing
Charter, the petition requires signature by 25% in number of the benefited property
owners. See City Charter, Section 8.04, subdivision 1. In either case, the required
owners are identified objectively, not by the petitioners themselves. The proposed
language could lead to the undertaking of improvements that in fact benefit property
beyond that identified by the petitioners, and the petitioners may not represent 25% of the
actual benefited property. Further, this language could permit manipulation of a petition
to exclude certain property in order to reach the 25% requirement.
Second, the rules on signature are ambiguous. Clause (1) calls for signers to own at least
25% of the total number of lots to be assessed. The body of subdivision 4 calls for
signers to own more than 25% of the property. More importantly, it is very difficult to
reconcile the clause (1) statement that signers must own 25% of the lots, with the clause
(3) statement that the signature of a person who owns more than one lot will be counted
only once. What happens to the "vote" of an owner who owns multiple lots? The
dilemma is best explained by an example:
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Assume the area "proposed to be assessed" contain 100 lots, 77 of which
are owned by one person. Each of the remaining 23 lots is owned by a different
person. If the owner of the 77 signs a petition, that signature is counted only
once. But what does that mean? One possibility is that, even though this person
owns 77 lots, he or she gets only one vote out of 100. If 22 of the remaining 23
lots also sign the petition, there are a total of 23 votes out of 100 lots. The
petition fails even though the owners of 99 out of 100 lots approve. Likewise, the
petition fails if the owners of all 23 separate lots sign the petition but the owner of
77 lots does not.
Another interpretation is that when a person owns multiple lots, those lots are
"collapsed" into one, and the petition becomes measured by the percentage of
owners. In our example, the result would be a total of 24 owners. If the owner of
77 lots signs the petition, that would be one out of 24, or 4.2% of the total. Unless
another 5 lot owners sign (in order to reach the 6 votes needed to reach 25 %), the
petition would fail even though the owner of 77 lots approves. Or, if all 23
separate owners sign and the owner of 77 lots does not, the 23 would make up
95.8% of the 24 total owners. The petition succeeds even though the signers own
only 23% of the actual number of lots. (This is the result under the existing
charter as well, but is opposite the result under the interpretation of the proposed
amendment described in the previous paragraph).
Both interpretations raise questions of fairness, but it is more troubling that the
rules are so unclear. As a practical matter, the City would probably need to treat
all projects as City - initiated (and thus approved with a 4/5 vote) unless this matter
were resolved judicially.
Third, clause (4) is simply difficult to understand. It seems to describe a situation where
a lot is owned by a group of joint tenants, and the same group owns another lot. In that
case, the apparent intent is to clarify that the lots will be treated as one —that is, it will not
matter if one owner sign for one lot and different owner signs for a different lot. This
result would already be implied by clauses (2) and (3) and could be more easily handled
by revising those clauses accordingly. Another interpretation is that this clause describes
one lot owned by a group of joint tenants, and another lot owned by some of those joint
tenants but also an unrelated party. In that case, this clause might require that the two
lots are treated as one, despite the fact that ownership is not identical. In sum, the intent
of this clause is unclear, leaving uncertainty about the validity of a petition under this
subdivision. Further, the second sentence of Clause (4) is a commentary that is
inadvisable in the body of a city charter.
Section 8.05. Feasibility Study.
Subdivision 1. This subdivision describes the feasibility study process for projects
initiated by 25% petition or by the Council. We observe one technical problem and one
practical. The technical problem is that the subdivision begins by stating that the City
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Council shall direct staff to do a feasibility study "once the public improvements have
been initiated" under Section 8.04. However, under Section 8.04 the Council will have
already ordered the feasibility study. Section 8.05 suggests that the council must take a
second action to order the feasibility study. Moreover, the reference to staff is
inappropriate (or requires a definition), as feasibility studies may be undertaken by
consultants instead of (or in cooperation with) staff.
The practical problem is that the list of items to be included in the feasibility study may
not be available at this early stage in the process -- especially clause 2 (changes in
appearance) and clause 5 (the assessment per lot). Chapter 429 now requires that the
methodology of spreading assessments must be available at the improvement hearing, but
the actual dollar amount per lot may depend on many factors that are unknown at the
feasibility stage.
Subdivision 2. This subdivision calls for the feasibility study to address various
alternatives in any case where more than a "single public improvement" is proposed. As
in other portions of the Commission Amendment, the major difficulty with this approach
is that compliance will be difficult (if not impossible) to determine with certainty. There
is no guidance as to what constitutes a "single public improvement," and what
combinations or alternatives must be considered. This provision would invite claims that
the feasibility study did not describe all possible alternatives or all possible combinations,
or that a "single public improvement" was not really single and therefore the alternative
scenarios should have been triggered. If the proposal calls for multiple improvements,
and every possible combination must be addressed, the total number of combinations
increases almost exponentially —it is possible that literally dozens of options must be
addressed, each with a full scale feasibility analysis.
A further problem is a mixture of practical and legal concerns. Some alternatives may be
literally impossible, financially infeasible or not cost - effective. Examples might include
a street -only project where utilities must be replaced, or a utilities -only project that would
only be financially prudent as part of a street project. Assuming the provisions of
Chapter 429 govern except as otherwise specified in the Charter (See Section 8.02 of the
Commission Amendment), the engineer is required to advise whether the proposed
improvement is necessary, cost - effective and feasible. The engineer may not be able to
make such a certification for all alternatives, leaving a question whether an alternative not
so certified should be submitted to the preference process under Section 8.07.
Section 8.06. Public Hearing. This subdivision describes the public hearing process
after completion of the feasibility study. There are two technical concerns. First, the
language mixes specific charter provisions and state law, creating uncertainty as to what
rules apply. The language calls for the hearing to be "at least two weeks away," and
references a mailed notice, but does not specify a time period for the notice or reference a
published notice. Under Minnesota Statutes, Section 429.031, subdivision 1, the notice
must be published twice a week a part, and the hearing must be at least three days after
the second publication. The mailed notice must be sent at least 10 days before the
hearing. To avoid confusion, the notice provisions should explicitly reference this statute
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or describe the rules directly in the charter (including rules on who is an owner for
purposes of receiving notice).
Second, this subdivision requires that the hearing notice shall contain, in addition to the
requirements of state law, all the information described in Section 8.05. However,
Section 8.05 describes the contents of and requirements for the entire feasibility study.
Literally, this notice provision might require that the substance of the feasibility study be
included in the mailed notice. This provision would leave doubt about the adequacy of
the mailed notice unless the actual feasibility study were mailed to each owner. Such a
mailing is possible but would increase the cost of all projects.
Section 8.07. Indication of Preferences.
Subdivision 1. The presentation of alternatives is problematic for the reasons discussed
above under Section 8.05. Further, it is not clear how preferences would be expressed
and counted. Does the language mean that owners have only three choices —all
alternatives, one specific alternative, or no alternatives? If so, is a vote for two out of
three alternatives rejected as invalid? Does a vote for "all alternatives" mean that each
alternative gets a vote, which is then added to any individual votes for each alternative?
And what if the highest number of votes goes to "all alternatives ?"
There is also confusion about the timing for filing of preferences. Subdivision 1 indicates
that "there shall be a period of at least 60 days prior to the next Council action." It goes
on to say that owners are given "this 60 -day period" to indicate their preferences.
However, the Council meeting is unlikely to be scheduled exactly 60 days after the public
hearing, and the language does not directly state when the owners must file a
preference — presumably, within 60 days after the hearing, but one might also argue that a
petition could filed by the date of the council meeting. (See similar problem under
Section 8.09) Any requirement for petitions or preferences should clearly state when the
action must be taken.
Subdivision 2. This subdivision describes additional rules regarding how preferences are
counted. The first sentence indicates that owners who signed a petition at the outset
(under the 25% petition provision) are presumed 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. However, the preference procedure is
essentially a vote on the various alternatives presented in the feasibility study under
Section 8.05. Therefore, it is difficult to understand how a signature on a petition can
constitute a vote for a particular alternative developed after the petition was filed. Must a
petition be treated as a vote for all possible alternatives, whatever they may be? At a
minimum, this provision would complicate the count of votes, and raise questions about
the validity of the preference process if the city relied on the original petition as the sole
evidence of an owner's preference.
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This subdivision also states that the rules for counting signatures under Section 8.04,
subd. 4 apply to preferences under Section 8.07. Section 8.04, subd. 4, clause (3) directs
that where a lot has multiple owners, only one signature will count (so the ambiguities
discussed under that section carry over into this section). However, Section 8.07
subdivision 2 states that if multiple owners of a lot indicate different preferences, no
preferences shall be counted for that lot. These two provisions seem contradictory. It is
true that two owners might disagree and file conflicting preferences, and a question then
arises about which one to "count." But simply discarding the votes from that lot seems
likely to invite challenge. There might be other solutions, but this problem underscores
the practical and legal challenges imposed by the "owner preference" voting system
(which, to my knowledge, has no precedent in the State of Minnesota).
Finally, the preference system is essentially an election, but one without rules regarding
the form of the "ballot," the time and place of filing, canvassing of votes, and similar
issues. Municipal elections are governed by a large body of statues and rules, designed to
address the myriad of problems and disputes that arise in the course of a complex
process. The Commission Amendment creates a new election system, without the
supporting legal or administrative "infrastructure." As such, the system is likely to
generate high legal and administrative costs.
Subdivision 3. This subdivision creates a special rule for utilities in cases where
"property owners prefer an alternative which results in a street being improved without
utilities recommended by staff." In that situation, utilities may not be undertaken in that
street within five years after completion of the street unless the utilities and any related
street repair are financed without general revenue. Apparently, the intent of this
provision is to encourage owners to vote for the most cost- effective improvement, i.e.
street improvements that include utilities (at least where that combination is
recommended by staff).
However, the language leaves many open questions. When are utilities "recommended
by staff?" Who constitutes staff? Does the term include consulting engineers? What
evidence of a staff recommendation is needed? Would one sentence in a staff memo
suffice? If the feasibility study includes an option of streets without utilities (as it must,
under Section 8.05, subdivision 2), and the study concludes that such street -only project
is feasible, necessary and cost - effective (as Chapter 429 requires), does that constitute a
staff recommendation of no utilities? What if the recommendation is qualified in some
way? If those hurdles are overcome, when is the street "completed" and what constitutes
"installation" of utilities" for purposes of measuring the five -year waiting period? Taken
together, these difficulties render this subdivision unenforceable as a practical matter.
Further, the opening sentence of the subdivision is another example of editorial
commentary that is not appropriate in a charter. The charter is a form of legislation, and
comments or explanation should be reserved for background materials
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Section 8.08. City Council Action.
Subdivision 1. This subdivision describes the procedure for council approval of the
preferred alternative. There are three significant concerns with the language. First, the
council acts on the alternative "preferred by the largest number of property owners."
This apparently means that an alternative may be approved —or all the alternatives
disapproved by a plurality vote of the owners who filed preferences, with no minimum
portion of all owners being represented. The effect is that significant decisions about a
public project could be made by a small minority of affected owners.
Second, the language indicates the council shall approve the alternative with the most
votes, which deprives the council of its legislative discretion altogether. The result could
be that the council is required to undertake a project that implicates city finances (other
than special assessments), perhaps against the wishes of a majority of the elected council
and at the direction of a minority of the affected owners (i.e., those who filed their
preferences). There is some question whether this system represents an unlawful
delegation of legislative power, which conflicts with a fundamental statewide policy and
is therefore beyond the authority of a city charter.
Third, as noted in the discussion under Section 8.07, there are many questions about who
can file preferences and how they are counted. In order to ascertain that an improvement
is properly ordered, bond counsel is presented with a significant challenge of both
interpretation and factual evidence (requiring detailed review of the petition and
preference records, perhaps reaching to review of title to clarify ownership). It may not
be possible to conclude without qualification (which is the standard for a bond opinion)
that projects under this system are properly ordered and bonds secured by related
assessments are validly issued.
Subdivision 2. This subdivision calls for a second 60 -day waiting period after Council
approval of the project, to allow for a reverse referendum described in Section 8.09. This
subdivision contains two significant flaws. First, on its face it applies the reverse
referendum process to all projects approved by the Council under Subdivision 1.
However, Section 8.09 by its terms applies only when an improvement is funded in part
through general revenue. The two provisions cannot be reconciled where a project is
financed with special assessments and other funds that are not "general revenues."
Second, the subdivision states that taxpayers are given "this 60 -day period so that they
may petition for a referendum," implying that a petition must be filed within 60 days after
the date of council action on the improvement. However, Section 8.09, subdivision 2
expressly states that a petition must be submitted "[p]rior to the first regular City Council
meeting occurring after the end of the 60 -day period described in Section 8.08,
subdivision 2." In other words, the filing period is not 60 days, but the period from
council approval of the improvement to the date of the next council meeting after
expiration of the 60 -day waiting period. This is a technical point, but such imprecision
creates confusion for citizens and legal counsel alike.
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Section 8.09. Taxpayer Referendum.
Subdivision 1. This subdivision states the general rules for reverse referendum.
Assuming the conflict with Section 8.08 above was corrected, the petition process applies
only when an improvement is funded in part through "general revenue." That term is
defined nowhere in the charter, leaving significant questions about when a petition for
referendum is called for. Does the term refer only to the City general fund? Or does it
mean any revenues without legal limitations on their use (which might include at least
portions of specialized funds like water and utility funds). Given the significance of this
provision, a more precise definition is imperative.
Subdivision 2. This subdivision describes the council action after expiration of the
petition period; confusion about the length of that period is discussed under Section 8.08
above. The only other concern in this subdivision is that if a valid petition is timely filed,
the Council is required to submit the public improvements to the voters. This result
deprives the council of its legislative discretion to abandon the project or find alternative
financing rather than move forward with an election. It is also inconsistent with reverse
referenda provisions in other areas of law, where a successful petition simply means that
the activity in question may not proceed unless approved by the voters. See, e.g.,
Minnesota Statutes, Section 475.521 (capital improvement bonds) and Section 412.301
(city certificates of indebtedness).
Subdivision 3. This subdivision describes the ballot and I have no comments on the
language. However, it is important for all parties to understand that the actual ballot is
required by state law to contain other information, including the statement "by voting yes
on this ballot question, you are voting for a property tax increase." See Minnesota
Statutes, Section 275.60. Further, if the election is successful, any tax levy will be made
against the so -called "referendum market value" rather than tax capacity. This means
that homestead owners pay at a higher rate than for activities that are not subject to
referendum (such as special assessment bonds that are secured in part by assessments and
in part by tax levies).
Subdivision 4. This subdivision indicates that the "City Council may not initiate the
same or substantially similar public improvements" within twelve months after an
improvement is defeated by referendum. There are two areas of ambiguity. First, it is
not clear if this language limits only an improvement initiated by the Council under
Section 8.04, subdivision 5, or any improvement financed in part with general revenues
(even if initiated by a 25% petition), or even a 100% petitioned project (which is
"initiated" by the council under Section 8.04, subdivision 3).
Second, the phrase "same or substantially similar improvement" is vague. Is an
improvement with a higher or lower cost the same or substantially similar? How much
deviation from the prior project is needed to permit initiation before the end of the
twelve -month waiting period? Similar language in the existing Charter has proven
difficult to interpret, requiring the council to wait for the full period in virtually all cases
to avoid questions about the validity of a project initiated earlier.
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Subdivision 5. This subdivision describes the final council action on improvements, and
imposes limitations on cost increases. The first sentence states that the Council "shall
adopt a resolution approving the public improvements" when the proposed public
improvements are "allowed under Subdivision 3." First, this language apparently
requires the Council to approve the improvements, which is questionable given that the
Council may have prudent reasons even at this step of the process to abandon the project.
Second, Subdivision 3 simply describes the ballot, so that cross- reference is confusing.
Further, the term "allowed" seems misplaced, as the question is whether a timely petition
was filed, and if so whether the question was approved by voters. Confusion could be
avoided by avoiding the introduction of a new undefined term.
In addition, this entire subdivision seems to address only projects that are subject to
reverse referendum (as it is included only in Section 8.09 dealing with that topic). There
is no comparable final action on improvements financed with special assessments and
other revenues that are not "general revenues." Arguably, in those cases Council's final
action is the approval under Section 8.08, subdivision 1. However, Section 8.08
subdivision 2 seems to call for subsequent action (though as discussed above, that
provision makes sense only in the case of improvements financed in part with general
revenue).
To maintain consistency within the Charter (and with state law), final council action
should be required for all improvement projects, in the form of a resolution "ordering"
the project. Such a resolution is required for bonds to be issued under Chapter 429, so
ambiguity about whether such action has occurred must be avoided.
Regarding cost increases, the major difficulty is one of practicality. Given the time
frames necessary to move from feasibility study to bidding (nearly six months under the
fastest track), cost increases may be reasonably expected. It is important to keep in mind
that before assessments are levied, a second notice and hearing process must be followed,
which gives owners another chance to provide input (and in fact to file legal objections
challenging the amount of the assessment).
A further observation is that this cost increase provision, like the final council resolution,
apparently applies only to improvements that were subject to reverse referendum. This
has the odd result of allowing cost increases where assessments are likely to be the
largest source of funds (i.e., where costs are paid mostly from special assessments and the
balance from non - general revenues), but putting limits on such increase where special
assessments might finance only a fraction of the improvement cost (e.g., where only 20%
of the cost is assessed and the balance paid by a tax levy).
Section 8.10. Specified Commercial Area.
Subdivision 1. This section is similar to the provision in the existing Charter that carves
out special areas of the city where different rules apply. The existing Charter indicates
that those special areas are entirely governed by Chapter 429 (with one exception).
However, the proposed revision exempts the special area only from Sections 8.04 to 8.09.
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As such, the significant limitations discussed in Sections 8.01 to 8.03, above, would
apply even in the specified area.
Subdivision 2. The revision includes only the Lake Drive/I -35 area, excluding two other
areas given similar treatment under the existing Charter. The excluded areas would now
be subject to all the rules in the amended Charter.
Subivision 3. Similar to provisions in the existing Charter, this subdivision grants a
special exemption from assessments to certain single family residences located in the
special area. We have previously advised the City that the existing provision violates
federal regulations that apply if bonds financed by assessments are issued on a tax -
exempt basis (because one class of property has the right to "opt out" of the assessment).
As a result, any improvement projects financed by assessments in the special area may be
financed only with taxable bonds, which increases the cost to property owners and all
taxpayers in the city (to the extent the bonds require a general tax levy).
The proposed amendment retains this feature, with minor changes. Aside from the
fundamental problem created permitting certain owners to opt out, there is some
confusion about when a property is considered "owner- occupied." The term is not
defined and is not self - evident. The language indicates a residence is deemed owner -
occupied if it was "empty between owners," but property always has an owner —what
happens when property is empty after the current owner moves out? Does that always
count as occupied, or only when the owner expects the property to be sold (or already has
a purchase agreement)? Is a residence considered empty if a short-term renter occupies
the residence? If a bank has title after foreclosure? These interpretive problems exist in
the existing charter and are not resolved by the proposed amendment.
CONCLUSION
I apologize for the length of this letter, but the issues are many and complex. The City
Charter is the City's most important legal document —in a sense, its "constitution" —and
amendments should be undertaken with great care.
I have not attempted to suggest revisions or corrections for the problems cited. Rather, I
have simply attempted to describe the legal and practical problems that, in my
professional judgment, appear in the language presented.
I will be available for further discussion with the City Council at its work session on
February 4, 2008. If you have questions before then, please contact me.
SJB
urs
J. ubul
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Sprin seed
January 29, 2008
Mr. Gordon Heitke, City Administrator
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014 -1182
RE: Responses to City Ordinance Amending City Charter
Mr. Heitke:
4H--/-q c e 3
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101 -2887
Tel: 651 - 223 -3000
Fax: 651 - 223 -3002
www.springsted.com
We have reviewed, the Lino Lakes City Charter substitute amendment as proposed by the Lino Lakes Charter
Commission as well as the draft Review Letter prepared by Steve Bubul, Kennedy & Graven, City's bond counsel.
There are many terms and definitions throughout the proposed Charter that allow for multiple interpretations or are
contradictory. Mr. Bubul has thoroughly addressed these points in his letter. As requested, we have focused on the
financial impact on the City with regard to bonds and the City's credit rating.
The City's bond credit rating, assigned by Moody's Investor Service, is currently an Aa3, which is the second highest
category grouping possible. This bond rating is based on several criteria including: tax base size, infrastructure
management, capital financing strategies, debt management, fund balances, long -term strategic planning, economic
development and growth, financial management, leadership and overall city management. Credit ratings group and
compare cities to each other so losing or gaining in areas may move a city up or down in these ratings. The higher
the credit rating, the lower the city's interest rate on bonds, resulting in lower interest costs. A credit rating is also a
measure of how well a city is managed...
Rather than a section -by- section review of the proposed Charter, there are five areas we address:
• Quality of Roads and Streets
• Reverse Referendum
• Taxability of Bonds for Special Exceptions
• Marketability of Bonds
• Administrative Efficiency and Flexibility
Quality of Roads and Streets
Minnesota cities primarily use two bonding methods to finance roads
• Special Assessment Bonds. Such bonds do not require a referendum under state law. A city council may
vote to use special assessment bonds if at least 20% of the debt service or the total project costs are paid
for with special assessments.
• Street Reconstruction Bonds. Such bonds allow the 20% minimum assessment criteria to be waived for
reconstruction projects if a city approves a five -year road plan following a public hearing and adopts the plan
which identifies reconstruction bonds to be used. Both the plan and bonding amounts must be approved
unanimously by a vote of the entire city council. Street reconstruction bonds are subject to reverse
referendum.
Public Sector Advisors
City of Lino Lakes, Minnesota
January 29, 2008
Page 2
These options are the primary tools to carry out pavement management plans which facilitate street and road
maintenance on a timely basis. Engineers develop optimization plans which identify the most cost effective time to
seal coat, overlay and replace roads and streets. The cost savings resulting from extending the life of each road and
street provide millions of dollars of savings. Such a plan was completed for the City of Lino Lakes calculating
potential savings of an estimated $18 million, if the plan was followed.
By employing more restrictive standards than in state law for approving such bonds, the likelihood of delaying the
improvements increases. As part of the credit review, Moody's uses depreciation of the existing roads to determine
whether a community is deferring maintenance or keeping up with needs by improving infrastructure at a pace equal
to or near depreciation. If the Proposed Charter is subject to interpretation and may be challenged, it may cause
deferment of street and road maintenance. This may place Lino Lakes at a competitive credit rating disadvantage
when comparing to other communities that are more aggressive in maintaining infrastructure. Lino Lakes may also
be at a competitive disadvantage in appearance when potential homeowners and businesses are making location
choices. This may have an impact on tax base overall, which is another important credit factor.
Reverse Referendum
Section 8.08
When a proposal is to be funded, in part by general revenue, the Proposed Charter proposes that the taxpayers may
petition for a referendum on the public improvements. While this is less restrictive than the existing Charter, this
provision could allow taxpayers who do not directly benefit from the improvement to stop improvements if the project
uses general revenue. Mr. Bubul points out that the term general revenue is not defined. This opens the door for
challenges or interpretation.
Street and road replacement plans (pavement management plans) provide for fairness in road conditions, by setting
the city-wide timetable to keep all roads in the same state of repair. Reverse referendums may prevent those streets
most in need of repair from being repaired due to the ability to reverse the decision to follow the plan. Taxpayers,
who do not benefit from the project, may choose to vote it down leaving those who could benefit without the
opportunity to have their road improved to the level that is in place for other neighborhoods or business districts.
Fairness in the level of service or quality of streets for all neighborhoods or projects could be achieved by following a
plan and defining the level of road quality, assessment level and general tax support throughout the city by
improvement type.
The City of Lino Lakes has millions of dollars invested in roads and streets that could be maintained with timely
projects, or they could deteriorate over time to a point where costly replacement is necessary. We encourage the City
to consider all roads and streets as one asset that requires planned maintenance rather than as several small
projects. Deferral and degradation of infrastructure is costly and, if prolonged, it will become a negative factor in the
City's credit rating review.
Taxability of Bonds for Special Exceptions
Section 8.10. This section is similar to the provision in the existing Charter that carves out special areas of the City
where different rules apply. Providing special rules for a specific area of the City that have the ability to opt out or who
are not subject to the bonding criteria other areas of the City are required to adhere to, may result in the bonds
issued to finance their improvements being taxable.
The difference in interest rates between taxable and tax - exempt bonds is somewhere between 0.75% and 1.50%
depending on the market conditions at the time of sale, structure, term and amount. Assuming a $2,000,000 bond
with a 15 -year term, the extra 0.75% to 1.50% for taxable bonds would cost from $120,000 to $240,000 over the life
of the bonds. This extra expense is recovered from assessments and debt service levies from property owners.
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City of Lino Lakes, Minnesota
January 29, 2008
Page 3
If the City were to decide to eliminate the geographic boundary exception and instead differentiate by type of
improvement, extra interest costs related to taxable bonds could be avoided. New development could be assessed at
one threshold and redevelopment assessed at another, but all geographic areas could be treated equally in terms of
criteria, process and cost allocation methods in order to avoid special treatment and higher interest costs.
Marketability of Bonds
While the City's high credit rating provides a great deal of comfort in the market place, the complications noted in
Mr. Bubul's letter related to the Proposed Charter increase the likelihood of a legal challenge by citizens or a specific
group. Such challenges may require removing the bond sale from the market before or during the sale or for their
issuance to be challenged after the sale.
It is important for the underwriting and financial community to be comfortable that any City of Lino Lakes debt
instruments they purchase as investments are transferable and remain marketable without any concern of a
challenge or added conditions placed on them. If the City has to cancel a sale at the last minute or after the
purchase but before closing, the bond community may be less likely to bid aggressively on bonds in the future,
lessening competition and possibly affecting interest rates. Challenges after the fact will tarnish the City's name in the
market place and the workout could be expensive. Investors may seek to recover any losses incurred after the sale
due to a cancellation.
We encourage consideration of the streamlined and the well- tested processes already in state law in order to
minimize or avoid any legal or market exposure.
Administrative Efficiency and Flexibility
A charter is difficult to change or modify. There are many administrative details in the Proposed Charter that are
already in state law or they are only slight variations of what is already state law. In cases where the intention is to
follow state law, or to follow it closely, removing it from the proposed charter will make it easier to adopt state law
changes. For administrative and procedural items, using an ordinance rather than a charter as the enforcing
document provides flexibility to allow changes in a timely manner.
Moody's looks for flexibility when rating bonds. The City's ability to adapt quickly, the amount of reserves or available
options to address changes as well as local control by the City Council for efficiency purposes are all important
factors that make the City stronger in the rating agencies eyes.
State laws have been governing road and street improvements effectively for decades. The more restrictive language
in the Proposed Charter restricts flexibility and efficiency.
Closing
From a financial standpoint, the City is more likely to efficiently maintain street and road assets by simplifying the
project approval process to the greatest extent possible while following the state bonding and assessment laws.
Deviations may result in challenges of legality and taxability, increase administrative effort and may dilute the City's
credit rating strengths.
Please let me know if you have any questions or wish to discuss further.
Sincerely,
C124)1,f
Terri Heaton, Senior Vice President
Client Representative
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WS — Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: Council Work Session, February 4, 2008
To: City Council
From: Mary Divine
Re: EDAC Business Survey
Background
The Lino Lakes Economic Development Advisory Committee (EDAC) has among its
action plan programs a Local Business Retention and Expansion (BR &E) Program. The
purpose is to provide an atmosphere of support and recognition of local businesses'
contribution to Lino Lakes and to encourage growth within the city.
The BR &E program strategy includes:
1. Continue initiating regular contact with businesses in Lino Lakes to develop a
positive public /private relationship.
2. Encourage the use of public incentives to move incompatible existing businesses
located within the city to compatible sites within Lino Lakes
3. Continue updating the inventory of existing businesses for on -going
communications.
4. Work with the local media to publicize achievements and contributions of local
businesses within the community.
5. Work with the local Chambers of Commerce to provide additional support to
local businesses.
In 1994 the city surveyed local businesses, and the results of that survey were useful in
measuring the business climate and learning which companies may be considering
expansion or relocation in their future plans. EDAC concluded the timing was right to
return more emphasis on expansion and retention of existing business given the current
market conditions that have led to a slowdown in commercial development.
O The survey was designed by staff using a variety of local surveys and suggestions from
the Minnesota Extension Service Business Retention and Expansion Program. Staff also
has updated its list of local businesses and has compiled e -mail addresses for a majority
of the businesses. The survey will be tested by a couple of local businesses to ensure the
on line process is working correctly and that it is easy to respond. The survey will then be
e- mailed to local businesses, and also placed on the city's website. It will be mailed to
those who do not have e -mail addresses. Depending on the initial response, a follow -up
e -mail and a reminder postcard may need to be sent out.
The results will be compiled and EDAC will then develop an action plan to respond
based upon the results.
Requested Council Direction
This is an informational item only.
Attachment(s)
1. Business Survey
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DRAFT
2008 Lino Lakes Business Survey
The Lino Lakes Economic Development Advisory Committee (EDAC) is comprised of a group
of private citizens appointed by the City Council who lend their business and management
expertise to strengthen the business climate within the city. The committee's goal is to provide a
balance of residential and business properties to stabilize the tax base in Lino Lakes. It is
responsible for helping the City Council encourage growth of new business and industry and
offers support to existing businesses.
EDAC appreciates your contribution to the City of Lino Lakes. Please take a few minutes to fill
out the Lino Lakes Business Survey. The purpose of this survey is to gain insight into the Lino
Lakes business climate. Information from the survey will help EDAC in establishing goals and
action plans that best support a healthy and growing local business community.
Survey results will be tabulated in a manner that will ensure confidentiality. Survey results may
be used by city economic development staff to contact you about future expansion or relocation
plans, or to try to assist with questions or problems you may have.
Business Name
Owner Name
Address
Phone
E -mail Address
Products /Services
Number of Employees: Full Time Part Time
1. How long have you owned a business in Lino Lakes? 0 -5 years
5 -10 years
10 -20 years
More than 20 years
2. Do you own or lease your facilities? Own Lease
3. Principal Market Area: (check all that apply)
Within 5 miles
Metro Area
Greater Minnesota
National
International
4. Do you employ the following: (check all that apply)
Approximate #
Professional
Managerial
Sales
Clerical
Services
Technical /Skilled Labor
Unskilled Labor
Temporary Unskilled Labor
Self Employed
Other
5. In your experience, is Lino Lakes a good location for finding and retaining good employees?
Yes
No
Why?
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6. Special Category for your business: (check all that apply)
Minority Owned
Female Owned
Self Employed
Not Applicable
7. How is your business outlook for the next three years?
Expected to Increase
Expected to Decrease
Expected to Stay the Same
8. What factors are influencing your business outlook?
9. Do you plan to do any of the following in the next 1 -3 years?
Upgrade your mix of goods and services Yes No
Remodel your facilities Yes No
Expand your facilities Yes No
Add employees Yes No
Decrease number of employees Yes No
Close your business Yes No
Relocate your business Yes No
10. Of the following factors, please check the ones that are adequate in Lino Lakes for your
current and future business needs:
Location within Metro Area
Land /facility space
Labor Availability
Skill level of labor
Transportation Systems
Public Transit Availability
Effectiveness of local government
Police /Fire Protection
Electric/Natural Gas Services
High Speed Internet Services
Government programs (assistance, incentives, job training)
Opportunities for Expansion or Relocation
Quality of Life (public services, recreation, environment, etc.)
Other
11. What would be the principle reason for locating /expanding your business outside of Lino
Lakes?
• Labor supply /costs
Lino Lakes location
City services
Property taxes
Inadequacy of land /facilities
Incentives from other cities /states
Minnesota business climate
Lino Lakes business climate
12. What attracted you to build your business in Lino Lakes?
13. What are the factors that make Lino Lakes a good place to do business?
14. Are there any businesses not currently located in Lino Lakes that would benefit your
business?
15. Have you had any specific difficulties with any city services?
16. Did you contact the city about the problem?
17. Did the city make a satisfactory effort to solve the problem?
18. What is the single most important thing that could be undertaken to make the local
community a better place to operate a business?
19. Would you like someone from the city to contact you about any particular issue that is
affecting your business?
20. Are you a member of the Quad Area Chamber of Commerce or the Metro North Chamber of
Commerce?
21. Would you be interested in more information about your local Chambers of Commerce?
22. Would you be interested in learning more about serving on the Lino Lakes Economic
Development Advisory Committee?
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23. Do you have any other comments?
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Eagle Brook Church
h I ZUD�f'
After the 1 -7 -08 council work session, I had conversations and e -mails with Barbara Bor
as well as Eagle Brook Church. (Scott Anderson) Below is a timeline on the chain of
events.
• November, 2007:
o Eagle Brook has discussion on ways to improve the lighting at the
entrance and exit to the church.
o Church met with Connexus Energy to discuss lighting options.
• For approximately $6,000.00 they could purchase additional
lighting for the entrance and exit to the church.
• January 7, 2008:
• After the council work session, I sent Ms. Bor e -mail and offered to meet and
discuss the lighting.
o I offered a meeting date of Saturday, January 19, 2007.
• This meeting was to discuss the lighting options, and to take
members of the neighborhood to Isanti where they could see the
lighting that is identical to what Eagle Brook was proposing.
• These are the only lights in the area that would be the same as what
Eagle Brook had proposed.
• I felt it was very important that neighbors see the exact lights that
Eagle Brook was looking at putting in.
• Ms. Bor replied to my e -mail with the following:
o Sergeant Hammes,
Mr. Heitke summarized the discussion from the Monday, Jan 7th Council
work session at the end of the time with Council and Staff. I did not
realize you expected to hear from me and thought your department was
going to explore alternative lighting with the Church.
Please call me at 612 - 273 -5036. I should be available after 10:30 today.
Thank you. BBor
• January 14 -18, 2008:
• Ms. Bor asked that when the church picks a permanent decision on lighting, I call
her and set up a meeting.
o Mr. Bor will then notify her neighbors and we will meet to discuss the
lighting.
• She stressed she is concerned on what effect the lights will have on
the property values of the surrounding neighbors.
• Ms. Bor stated that officer safety was her biggest concern, and she
did not want to jeopardize their safety in any way.
• January 21, 2008:
• I called Scott Anderson at Eagle Brook the week of 1 -21 -08 to discuss the lighting
situation.
o Scott informed me that due to costs, they were exploring the possibility of
placing concrete pads near the entrance and exit to the church.
o They would have electricity run to these pads.
o The portable lights could then be placed on the pads during services where
lighting is needed for the officer safety.
o The lights would then be turned on only during those times they are
needed.
o This would eliminate the noise (albeit very minor noise) on the generators
used to run the lights.
o This would be much cheaper for the church, and would keep the brightest
lights available for the officers to use.
o Scott felt these lights were the best as far as officer safety was concerned.
• I agree with this finding.
• Eagle Brook Church is currently exploring the two different options of lighting.
o Scott Anderson advised he would call and set up a meeting when they
have their proposals put together.
• As of 1 -31 -08 I have not had any further conversations with any of the involved
parties.
o I will contact Eagle Brook the week of 2 -4 -08 in regards to this issue.
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WORK SESSION STAFF REPORT
Work Session Item #4
Date: Council Work Session, February 4, 2008
To: City Council
From: Dave Pecchia
Re: Police Department Administrative Staffing
INTRODUCTION:
We have an opportunity in the police department to make what we feel are some very
positive changes utilizing the office manager vacancy. It gives us the opportunity to be creative
with how we deliver our services and more specifically, how we utilize volunteers from the
community to enhance our service delivery.
HISTORY:
Our history of enhancing our use of volunteers began in 2004 when we received a grant
from the state to hire a three- quarter time Volunteer Coordinator. In 2005, we logged
approximately 2,678 volunteer hours. These volunteers include many individuals from the
community. Some are younger community members that are involved in the Explorer Program.
They are youth from 14 to 20 years old. The Reserve Program includes uniformed positions for
adults in the community that would like to volunteer their time to their community in the field of
Public Safety. We also have our Public Safety Citizens Commission that we utilize as an
advisory board for our new ideas. These are ideas that we want to explore involving our service
delivery to the community so we can keep a pulse on the community and what the business
owners and residents actually want us to do. In 2006, our volunteer hours increased to
approximately 4,631. In 2007, we continued to enhance and expand our volunteer programs,
specifically utilizing college internships and more office help. We do not have final numbers but
we estimate that over 5,500 hours were donated to the city by volunteers in the police
department. This all translates into dollars and if we were to use the state's system of placing a
dollar value on a volunteer's time the services the volunteers provided to the city in 2007 have a
value in excess of $103,000. (Attachment 1)
PROPOSAL:
We are looking at enhancing our volunteer involvement and community relations within
the city. For example, attached is a list of programs that we currently have to offer in 2008.
Most of these are classes that are presented by our officers and quite frankly, when you design
classes like these, there is a substantial amount of administrative work that is conducted behind
the scenes. (Attachment 2)
The elimination of the office manager position is the core component of this proposal.
That position is vacant right now and the proposal is to eliminate that position and enhance the
volunteer coordinator position to a command level position (Community Relations Coordinator)
because there is a substantial amount of administrative, coordination and delegation of tasks that
need to be completed in a timely manner to cost effectively design the programs and the classes.
We must also be aware of the knowledge, skills and ability of the volunteers and interns so that
they are performing in an effective manner to deliver a service to the community that is
meaningful and saves the city money. We are also proposing to . align all the volunteer
administration duties into this area of the police department. This proposed change will enable us
to more effectively deploy the officers' and supervisors' delivery of service by enabling them to
focus on the operational aspect of what they do. Therefore, the Community Relations
Coordinator will be in a position to more effectively complete or delegate the administrative
tasks to the appropriate staff and/or volunteers to do the behind the scenes work so that the sworn
officers that teach the classes can actually concentrate on the educational component and not
actually spend their time in the office doing paperwork making copies, creating rosters and
getting things ready to go. Attached is a copy of the proposed job description. (Attachment 3)
Another important aspect of this proposal is to enhance one of our clerical positions to a
lead clerical position which would be a technical based position that wouldn't be responsible for
supervising people, but would be responsible for our audits and serve as the technical agency
coordinator (TAC). This position would handle all of our criminal justice system data input
(CJIS) and be the contact person for the audit by the State of Minnesota Bureau of Criminal
Apprehension (BCA). This would be an additional responsibility for an existing staff person so
we are currently evaluating the compensation and job description for the proposed Lead Records
Technician position. (Attachment 4)
We are also proposing the addition of two additional part-time Community Service
Officers (CSO). Currently we have two part-time Community Service Officers. These are
college students that are currently working on their criminal justice degrees. It's a position that
has a sun down date. They have five years to complete their degree and then we either hire
them, they get hired away to another department, or they leave and the position is available for
another CSO college student who is looking forward to becoming a Lino Lakes police officer.
This position is utilized as our resource for potential candidates and by adding the two additional
positions it potentially saves us dollars that would otherwise be spent on recruitment.
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Financial Impact:
Basically we would look at this as being, at worst, budget neutral but we anticipate there
will be a savings to the city. This proposal will also position us for success during what we
anticipate to be, fiscally challenging times ahead. We anticipate relying more and more on
volunteers in areas that traditionally are paid staff positions in other organizations. Virtually
every position, patrol officer, sergeant, CSO, and records tech are all union positions and before
we went forward with the volunteer program, we met and conferred with the union and have
agreed upon which tasks would be eligible for volunteers before we implemented the new
volunteer position. This is an ongoing process which has produced unprecedented acceptance
and success. (Attachment 5)
Summary:
From our perspective this is all about positioning the organization to be better able to
respond effectively to the anticipated service delivery and fiscal challenges. ahead. We want to
position ourselves so that we can continue to deliver the highest quality of services possible with
the least amount of impact on the taxpayers. We just went through the five year plan and we are
looking at compensation packages and it is paramount for us that we find a way to deliver these
services in an economically feasible manner. We believe this proposal will do that. Attached are
the current and proposed department organizational charts. (Attachments 6 and 7)
We met with clerical staff and discussed this proposal in great detail, they are excited
about the challenges and opportunities. Jackie Bowdich is interested in and is qualified to fill the
new lead records technician position.
We also have a staff member that is capable of filling the Community Relations
Coordinator position: Karen Anderson, our current Volunteer Coordinator. This is currently a
three quarter time position which is reflective of society, the work force and our existing
organizational needs. However, we do see this evolving into a full time position in 2010. Just a
little bit about Karen, she was hired as a volunteer coordinator and her position has evolved into
a Crime Prevention Specialist as well. Her background includes being a substitute teacher for
the Centennial School District, working in the private sector, and many years of work in the law
enforcement field. She worked at the Waukesha County Sheriffs Department in Waukesha,
Wisconsin where she was the Law Enforcement Computer Services Coordinator. She also
worked for the Clerk of the Circuit Court in Cook County, IL where she was a project manager
for the Criminal Division. She was also a procedural analyst so she definitely knows the
background and the backbone of the criminal justice system and service delivery. I think anyone
who has met Karen and has worked with her must agree that her performance has been
exceptional. She is also a member of our community and she is a community volunteer so she
gets what volunteering is all about. She is on the YMCA Board, she is a member of Centennial
High School's Choir Boosters and Dance Boosters. She previously served as the Chairperson of
the Site -Based Leadership Team at Rice Lake Elementary and currently serves on the Site -Based
Team at Centennial Middle School. She was a Girl Scout troop leader. She continues to be a
classroom volunteer at Rice Lake Elementary and volunteers at her church. Finally we have
someone that gets it and has a proven track record in volunteerism and public safety. Attached
you will find her resume and a list of new programs and successes the police department has
experienced since the creation of the Volunteer Coordinator position. (Attachments 8 and 9)
We see an opportunity to position your police department to move forward with the
enhancement of volunteer opportunities and having community members become an integral part
of our organization. Our organizational culture has been one of officers and staff working
shoulder to shoulder with volunteers to meet the mission of the police department and the vision
of the city to provide the finest quality services with and for our citizens.
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Attachment 1
2005 Volunteer Hours 3678
2006 Volunteer Hours 4631
2007 Volunteer Hours 5509 (approximately)
2007 dollar value of a volunteer is $18.77 an hour
2007 dollar value of volunteer hours at the Lino Lakes Police Department $103,404
Notes: The value of volunteer time is based on the average hourly earnings of all
production and nonsupervisory workers on private nonfarm payrolls (as determined by
the Bureau of Labor Statistics). Independent Sector takes this figure and increases it by
12 percent to estimate for fringe benefits.
Current Volunteer Programs
Police Reserve Unit Law Enforcement Explorer Program
Chaplain Program Public Safety Citizens Commission
Emergency Management Front Office Volunteers
Investigation Volunteers Internships
Community Emergency Response Team
Attachment 2
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
Teen Driver Safety
(Parents and Teens)
Feb. 14 Snowmobile Safety
Awareness (12 and over)
March 13 Self Defense for Women x
April 10 Adult Drug Awareness
May 8 LinoLakes Police De
'pens House„
iid S e -, y.
ar Seat/Bike
-hinting Safet
Teen Driver,Safety:
"'arents antl Teens
Oct 9 `{=t ; A Identity The
Nov. 13 '�Ai DVVi Prevention
asses are free and tentatively scheduled
i be held from 4'6 00.8 00pm at the Police
�eparfnent Register forone or more
asses by calling the Lino Lakes Police
epartment'at `651 -982 -2300 or' register
nline at www.ci.Iino- lakes.mn.us
index Public Safety Department).
ou will receive more information on the
ass a few weeks before the scheduled
date.
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Lino Lakes Police De_ partment
2008 ,Calendar of Events
January- ;June
DARE in the'Schools
anuary 16rMarch 12
ednesdays after school)
r Safety ca em at CMS
may
t i nursaayevenin
lc ,Safe tvCitizens
�nid�ur�e 5
nforcement Torch l
SAeclal oIvmpics
un for
Octo
ational Cnme Prevention Month
:more information on these events
ease call the Lino Lakes Police
epartment at 6514982-2300 or visi
•
www ci lino -lakes inn
ublic Safety Departmen
Attachment 3
CITY OF LINO LAKES
POSITION DESCRIPTION
TITLE:
DEPARTMENT:
DIVISION:
SUPERVISOR:
STATUS:
Community Relations Coordinator
Public Safety
Community Relations
Public Safety Director
Part - time/Exempt
PRIMARY OBJECTIVE OF POSITION
Works under the direction of the Public Safety Director to provide supervisory, administrative
and technical support to the Community Relations Division of the Public Safety Department.
The Community Relations Coordinator reports directly to the Police Chief and assumes
command of the Department in the absence of the Chief and Captain for short periods of time
unless otherwise directed in writing by the Public Safety Director or City Administrator.
ESSENTIAL JOB FUNCTIONS
1. Supervises the activities of division personnel. Assigns duties, monitors outcomes of
employees under his/her supervision.
2. Assists in the planning, organizing and directing of the overall operations of the division.
Provides internal process and technical assistance for the Police Department.
3. Responsible for proper use, inventory and maintenance of equipment, supplies and
materials assigned to division.
4. Assists in the preparation, review and administration of the division's annual budget;
prepares and administers Public Safety grants.
5. Attends meetings during regularly scheduled work hours and outside regular hours as
necessary; represents the department on the Public Safety Citizens Commission.
6. Coordinates, schedules, and assigns work to the clerical staff, CSO's and volunteers;
assists with the selection process as directed.
7 Creates and administers the Public Safety Volunteer Program, annually establishes and
monitors goals.
8. Markets the Department and its programs using a variety of media resources including
Cable Channel 16, local newspaper, city newsletter, website and public presentations;
updates the Public Safety website.
9. Coordinates the training and educational opportunities for volunteers and members of the
public and the Community Emergency Response Team (CERT) with the Lino Lakes
Public Safety Department.
10. Performs related work as assigned or apparent.
KNOWLEDGE, SKILLS AND ABILITIES
1. Knowledge of effective management and supervision of employees and volunteers.
2. Knowledge of the equipment, practices, principles, methods and techniques utilized with
volunteers in the police service and in modern police work.
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3. Ability to prepare clear and comprehensive reports and presentations for the chief,
council, or staff.
4. Knowledge of state statute and city ordinances regarding public safety practices,
procedures and nuisance enforcement.
5. Knowledge of computer software, applications and hardware to include Windows
applications, Microsoft Word, Microsoft Excel, Microsoft Office, LEADRS.
6. Knowledge of the development and administration of budgets.
7. Knowledge of the regulations concerning the distribution and retention of confidential
information.
8. Ability to handle emergency and stressful situations with tact and discretion
9. Knowledge of the geography of the City.
10. Ability to work independently with minimum supervision.
11. Ability to communicate as well as establish and maintain effective working relationships
with supervisors, co- workers and members of the public.
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REQUIRED QUALIFICATIONS 1
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1. (Two)years experience in law enforcement, community relations, volunteer administration
2. Valid driver's license
3. Bachelors' degree in Public Administration, Criminal Justice, Public Relations or a related
field.
4. Must attain Masters Degree within three years of promotion to Coordinator or be separated as
Coordinator.
IDESIRED QUALIFICATIONS 1
1. Four years supervisory experience.
2. (Eight) years experience in police the environment in a variety of responsible functions as
well as supervision.
3. Certified Crime Prevention Specialist.
4. Masters degree in Public Administration, Criminal Justice, Public Relations or related field.
It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment
policies and practices shall be non- discriminatory in compliance with federal laws, state statute and local ordinances.
\U.INOGATEO2 \USERS\dtesch\ Position Descriptions \Template.doc
Attachment 4
CITY OF LINO LAKES
POSITION DESCRIPTION
TITLE: Lead Records/ Evidence Technician
DEPARTMENT: Public Safety
DIVISION: Records
SUPERVISOR: Community Relations Coordinator
STATUS: Full- time /non- exempt /AFSCME
PRIMARY OBJECTIVE OF POSITION
The primary objectives of this position are to perform a variety of clerical and secretarial support
services to include the processing and maintaining of confidential information within the Records
Division of the Public Safety Department. This position also assists with the storage,
preservation, disposition and disposal of evidence and property. Oversee the Records
Management System (RMS) and serves as Terminal Agency Contact.
ESSENTIAL JOB FUNCTIONS
1. Responds to customers at the service window or on the telephone. Gathers information,
determines if the request is urgent or of a confidential nature, refers to appropriate staff
member.
2. Performs general clerical duties such as word processing, transcription, preparing routine
correspondence and weekly news article, processing alarm billings, copying, maintaining
calendar of court dates, filing, orders office supplies, contacts office equipment
technicians, faxing and mailing.
3. Enters and/or retrieves confidential information from County and Federal databases for
processing criminal histories, background checks, driver's license checks, accident and
property loss records.
4. Maintains files and records, including criminal and civil case files and police reports.
Also assists officers by compiling reports for court appearances.
5. Processes, files and distributes routine reports and tickets to the Clerk of Courts, City
Attorney, County Attorney, CID and related agencies.
6. Organizes and maintains locked evidence room and related files.
7. Receives all property and evidence coming into the Property/Evidence Room and ensures
that evidence and property is packaged and documented according to department policy -
including special protocols for bio- hazardous materials.
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Records/ Evidence Technician
Page -2-
8. Maintains evidentiary chain of custody to ensure integrity in accordance with department
policy and state statute.
9. Processes forfeiture funds for disbursement at the state, county and city level. Completes
and forwards drug forfeiture funds report to the Office of the State Auditor.
10. Ensures that contraband property is destroyed 90 days after the final court disposition,
prepares and records unclaimed property to be sold at auction or destroyed.
11. Ensures the quality of data in the Records Management System (RMS) and transfers
records to the BCA.
12. Responsible for maintaining accurate information regarding the National Crime
Information Computer (NCIC) and Bureau of Criminal Apprehension (BCA) criminal
records.
13. Performs other duties as assigned or apparent.
These examples are intended only as illustrative of various types of work performed, and are not
all inclusive. The job description is subject to change as the needs of the employer and
requirements of the job change.
IKNOWLEDGE, SHILLS AND ABILITIES I
1. Knowledge of federal and state data - privacy laws.
2. Knowledge of applicable city ordinances.
3. Knowledge of procedures for processing and maintaining law enforcement records.
4. Ability to maintain confidentiality.
• 5. Ability to establish and maintain effective working relations with supervisors, co-
workers and members of the public.
6. Ability to communicate effectively and professionally, both orally and in writing with co-
workers and members of the public.
7. Ability to learn city geography.
Records/Evidence Technician
Page —3-
REQUIRED QUALIFICATIONS
1. High School Diploma or equivalent.
2. Two years of office experience.
3. The ability to do transcription and type 50 words per minute.
4. The ability to become a certified Minnesota Bureau of Criminal Apprehension Terminal
Operator within six months of hiring date.
5. Experience with word processing; customer service in- person and/over the phone; multi -
line telephone.
DESIRED QUALIFICATIONS
1. Two years experience with a law enforcement or related agency.
2. Supplemental courses in office practices.
3. Experience with VisionAir /County Records system.
4. Three years experience in data entry or word processing.
5. Certification in evidence /property management through the International Evidence/
Property Association.
6. Certification Terminal Agency Contact.
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It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment policies and
practices shall be non - discriminatory in compliance with federal laws, state statute and local ordinances.
Revised 10/29/01
J:\ Position Descriptions\Public Safety \SecretaryB police Evidence 06.doc
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Attachment 5
Personnel Changes — Cost assessment
Office Manager $77,828
Budgeted 2008 wages and benefits
Cost increases
2 part-time Community Service Officers wages and benefits $45,554
Records Tech to Lead Records Tech $ 6,368
Volunteer Coordinator to Community Relations Coordinator $18,661
Subtotal Cost Increases $70,583
Budgeted Office Manager cost minus cost increases $ 7,245
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Attachment 8
Karen M. Anderson
6477 W. Shadow Lake Dr.
Lino Lakes, MN 55014
(651)486 -9485
Professional Experience
2004 - Present Lino Lakes Police Department — Lino Lakes, MN
Crime Prevention Specialist/Volunteer Coordinator (11 /2005- Present)
Responsible for organizing, developing, implementing, and maintaining
community -based crime prevention programs, serving as a resource to residents
and businesses, and creating crime prevention materials and public presentations.
Responsible for marketing and coordinating recruitment, training and recognition
of volunteers.
Volunteer Coordinator (9/2004- 10/2005)
Marketed and coordinated recruitment, training, and recognition of volunteers.
2001 -2004 Centennial School District #12 — Circle Pines, MN
Substitute Teacher
1996 -1998 Rollerdome, Inc. — Coon Rapids, MN
Group Coordinator
1993 -1996 Market Day Corporation— St. Paul, MN
Account Representative- Fundraising Food Cooperative
1990 -1992 Waukesha County Sheriffs Department - Waukesha, WI
Law Enforcement Computer Services Coordinator
Coordinated a department -wide program of computerized information processing.
Responsibilities included analyzing current needs and recommending approaches
to address those needs; recommending long range plans for the department;
overseeing system security; developing software applications; preparing and
implementing the annual computerization budget; providing training to all levels
of the department on all computer applications. Department liaison with outside
criminal justice agencies, the Department of Information Systems, and other
county departments.
1986 -1990
Clerk of the Circuit Court of Cook County - Chicago, IL
Project Manager, Criminal Application System (08/1988- 03/1990)
Coordinated and oversaw all criminal system data processing activities.
Responsibilities included assigning programming tasks, determining needs'
priorities, representing the Program Manager in policy - making meetings, and
maintaining direct contact with all user departments. Department liaison to all
outside criminal justice agencies.
Procedural Analyst, Criminal Application System (03/1987- 08/1988)
Responsible for creating and implementing a redesign of the criminal application
system. Representative to the data processing help desk.
Technical Writer, Data Processing Division (09/1986- 03/1987)
Responsibilities included creating user - oriented data processing documentation,
training data entry operators, and writing procedural documentation.
Personal Experience
1992- Present Homemaker — Successfully manage a household of six people.
1992- Present Community Volunteer - Volunteer in many capacities in the community
including YMCA Board Member, Centennial High School Choir and Dance
booster club member, Chairperson of the Site -Based Leadership Team at Rice
Lake Elementary School, member of the Site -Based Leadership Team at
Centennial Middle School, Girl Scout Troop leader, classroom volunteer, religion
teacher, and American Cancer Society volunteer.
Education
9/07- Present Bethel University — St. Paul, MN
Pursuing a Masters in Organizational Leadership
1982 -1986 Illinois State University — Normal, IL
Bachelor of Science in Sociology and Criminal Justice
•
•
Attachment 9
New Crime Prevention Programs since Volunteer Coordinator position was created
in 2004
Senior Safety Fair
Business Crime Watch
Junior Citizens Academy
Virtual Block Club
LLPD Roll Call Cable TV Show
Monthly Seminars (Snowmobile Safety, Teen Driver Safety, Self Defense for Women,
Drug Awareness for Adults, Hunting Safety, Identity Theft Prevention, DWI Prevention,
Child Safety, Internet Safety, Home Security)
Law Enforcement Explorer Program
Community Emergency Response Team
In house Volunteers Program (front office, investigations, special projects)
Volunteer recognition program
Employee recognition program
Internship program
Open House
Successes of Crime Prevention programs that were already in place:
Increased Neighborhood Crime Watch groups by over 50%
National Night Out —won National Award in 2006 and 2007 for outstanding participation
in National Night Out
McGruff House — reinitiated program
Increased participation in Community Events
Increased number of educational classes that travel around the community presenting
• crime prevention topics
•
WS — Item 5
WORK SESSION STAFF REPORT
Work Session Item 5
Date: 7 January 2008
4 February 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.
Also included are examples of city administrator evaluation forms.
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
LD5 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. Human Resource Audit
A. Project Initiation
B. Position Description
411
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 objective
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
equitable compensation program, ensure reasonable internal pay relationships II
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
Springsted takes pride 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
l Principal /Senior Officer
Officer /Project Manager
Senior Associate
Associate
Support Staff
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 2
d. Employee Compensation
e. Internal Equity I
f. Pay for Performance 1
Springsted's 2007 fee schedule is shown below:
$210
180
150
135
60
$ 4,140.00
$ 1,250.00
$ 1,640.00
$ 1,500.00
$ 1,800.00
$ 3,600.00
o1%
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
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 fmancial,
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 services provided by Springsted
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 automated job evaluation
R�
system — SAFE
Management Services
• Perform economic development
and housing studies
• Conduct boundary adjustment
and annexation studies
• Perform asset utilization analysis
• Conduct cost recovery 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
The states in gold reflect where
Springsted's clients are iocated:
Incorporated include:
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 (t}
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, Mnnesota. 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
•
•
•
City of Lino Lakes
Performance Review
Name:
Position: City Administrator
Date of Review:
Location of Review:
The Performance Review
The essential job functions of each employee are identified in his/her position description. These
functions serve as the basis of the performance review. Rating symbols are attached to each job
function.
Rating Symbols
Four symbols are used to make the assessments as follows:
E = Exceeds Expectations (Performance has been above reasonable expectations).
F = Fully Competent (Performance has attained a level of full competency).
N = Need Improvement (Performance has been below reasonable expectations).
U = Unsatisfactory (Performance is unsatisfactory).
Suggestions for Improvements / Commendation
Spaces are available after each task for suggestions on how improvements to performance of the
task might be made, or to acknowledge commendation.
Year in Review /Looking Ahead
Once the job functions have been rated, the employee and the supervisor will review the major
accomplishments of the year, as well as a discussion of goals for the upcoming year.
Tools / Training /Education
The employee and the supervisor should take this opportunity to discuss what educational
opportunities or equipment the employee requires in order to enhance job performance.
The Position Description
This is an opportunity to revisit the position description, and determine if all essential job
functions, and knowledge, sldlls and abilities are recognized. The City reserves the right to
establish and modify all position descriptions.
Signatures / Comments /Follow -up
The employee has the right to make comments regarding the performance evaluation prior to
signing this document.
If performance is identified as `needs improvement' or 'unsatisfactory', a follow -up date will be
noted.
•
•
•
IPRIMARY OBJECTIVE OF POSITION I
Position: City Administrator
This is highly responsible work in directing and coordinating the administration of municipal
government in accordance with policies and procedures established by the City Council. The
City of Lino Lakes operates under a Council- Administrator form of government, and provides a
mayor and a four - member council elected at large. Under the direct supervision of the City
Administrator is the Public Services Director, Public Safety Director, Community Development
Director, Finance Director, and Director of Administration.
1. The City Administrator shall be the Chief Executive Officer for the city council and shall
coordinate the administration of all city departments; the City Administrator shall
oversee the implementation of all City Council policies and initiatives.
Rating
U N F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
• strengthening.
•
Commendations: Area(s) of performance with regard to this task calling for commendation.
2. Directly responsible to the City Council for the enforcement of all ordinances,
regulations and law enforcement policies of the city, state and federal government which
may apply within the boundaries of the city.
Rating
U N F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
3. Advises the City Council on matters of governmental and public policy which are
pertinent to municipal operations; makes presentations, participates in discussions
and implements City Council decisions.
Rating
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
4. Responsible to the City Council for the effective management of city funds and assets
to ensure effective investment of available funds to meet the goals of the city; coordinates
and directs department heads in the development, presentation and administration of the
annual operating budget.
Rating
U N F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
•
•
•
5. Responsible to the City Council for planning and carrying out of all capital improvement
projects and service programs; serves as chief project and program director for the city.
Rating
U N F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
6. Oversees the administration of all departments and divisions; plans and coordinates
activities, and ensures follow -up designed to provide the effective provision of services to
the public.
Rating
U N F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
•
7. Coordinates the alignment of work processes, budgets, appropriate staffing levels and
operating policies necessary to carry out the city's vision and mission.
Rating
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
8. Facilitates communication between all municipal stakeholders to include City Council,
staff, citizens and representatives of other governmental entities.
Rating
U N F
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
•
•
•
•
•
•
9. Empowers staff at all levels to ensure appropriate levels of decision making,
responsibility and accountability; encourages employee education and development.
Rating
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
10. Coordinates with members of the Management Team to ensure effective utilization of
employees, recommends salary adjustments, hiring, firing, promotion and demotion of all
regular 77 full -time, regular part -time and consulting personnel; makes
recommendations to the City Council regarding any changes to the organizational
structure of the city.
Rating
U N F _E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
11. Along with the City Attorney, negotiates contracts and cooperative agreements with
unions, private individuals and organizations, surrounding municipalities and other
governmental units.
Rating
U N F _E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
12. Serves as Executive Director of the Economic Development Authority.
Rating
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
Commendations: Area(s) of performance with regard to this task calling for commendation.
•
•
•
•
13. Attends all meetings, performs all reasonable tasks and furnishes all verbal and written
reports as assigned by the city council.
Rating
U
F E
Suggestions for Improvements: Specific area(s) with regard to this task that need
strengthening.
• Commendations: Area(s) of performance with regard to this task calling for commendation.
•
Accomplishments in
Please list, or attach to this document, significant accomplishments of the past year.
Goals for
Please list, or attach to this document, a list of goals you hope to accomplish in the coming year.
•
•
•
•
•
This is a list of tools or training /educational opportunities I would like to
enlist to enhance my performance in the coming year.
Position Description
Is the Position Description still accurate? Yes / No
Please list any suggested changes:
Annual Review Supplemental Questions...
1. What are the factors in the workplace that contribute to your job productivity and
satisfaction that should be continued or enhanced?
2. What recommendation(s) would you make to management/administration that
would enhance the work environment or increase your job satisfaction and/or
productivity.
•
•
•
•
•
•
COMMENTS / FOLLOW -UP / SIGNATURES
Additional Employee Comments:
If necessary, please list the date of a follow -up review :
List task numbers to be reviewed:
Employee Signature: Date:
Supervisor Signature: Date:
City AdministratorRF
REQUEST FOR PERFORMANCE APPRAISAL INPUT
Date:
From: Dan Tesch
The City Council is preparing a performance appraisal for In order
to ensure a well - rounded appraisal, I am collecting from individuals who interact with
in a professional capacity. Specifically, I am interested in feedback on two
questions:
1. What would you identify as important contributions makes to your own
work, the department or the city?
2. If you could offer advice to that you believe would improve her
performance in the future, what would that be?
Responding to this request is optional. In the event your information is shared, you will
not be identified unless you indicate below your willingness to be identified.
If you choose to respond, I need to receive your comments by
(Optional)
1. You have my permission to attribute my comments to me, signed:
2. I am identifying myself in case you want to discuss my comments with me. But I
do not want my comments attributed to me, signed:
•
•
•
APPRAISAL OF PERFORMANCE
CITY OF ARDEN HILLS
POSITION:
City Administrator
•
DATE:
September, 2006
•
1
ARDEN HILLS CITY COUNCIL
EVALUATION OF CITY ADMINISTRATOR
Explanations and Directions Performance Evaluation as Team Building
Evaluation as Team Building
If evaluation is to be, in the truest sense a means of team building, certain conditions
must prevail. The two processes must be compatible and interrelated in the following
ways:
1. Evaluation is basically a means, not an end in itself.
2. The trust level between the evaluatee and evaluators must be high.
3. The roles of the Administrator and of Councilmember must be clearly
indicated and accepted.
4. Responsibilities are matched with pre - determined standards of
performance.
Definition of Roles
A. City Council
1. Conduct annual assessments of performance of the City
Administrator.
2. Respect the prerogatives of the City Administrator insofar as
operational management function of the organization is concerned
and the policy function of the Council.
3. Make assessments in general terms except in instances where
specific improvements are needed or when explicit commendations
are due.
B. City Administrator
1. Accepts the prospects of annual evaluations.
2. Understands the scope and thrust of the evaluations.
3. Expects the evaluations to adhere to the established procedures for
evaluating the performance of the City Administrator.
Pre - Determined Performance Standards
A performance standard is defined as the condition that will exist when a responsibility or
function is successfully performed. It is essential that a performance standard be
established, at the outset, for each of the eight major areas of responsibility of the City
Administrator. This is necessary in order to use the rating scale effectively.
2
•
•
•
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•
Major Areas of Responsibility
It should be reiterated that in determining the appropriate level of expectations, actual
performance must be measured in relation to the indicated standard of performance.
Seven major areas of responsibility are identified as the basis upon which assessments are
to be made. Descriptors are provided under each to clarify the meaning and content of
the area. However, the evaluation is made of the major area.
Rating Symbols
Three rating symbols are used to make the assessments as follows:
E = Exceeds Expectations (performance has been above reasonable expectations).
M = Meets Expectations (performance has attained a level of reasonable expectations).
B = Below Expectations (performance has been below reasonable expectations).
As indicated earlier, without more precise definition of the term "expectations ", it is
possible that ambiguity will result in the use of the term. In order to help avoid this
possibility, the concept of performance standards is used.
It will be noted that in connection with each major area, a performance standard is stated,
including the conditions that have to be met in order to decide the extent to which
"expectations" have been met.
3
SEVEN MAJOR AREAS OF RESPONSIBILITY
I. Organizational Management
II.
Fiscal/Business Management
III. Relationship with Mayor /Council
IV. Long Range Planning
V. Relationship with Public/Public Relations
VI. Intergovernmental Relations
VII. Professional/Personal Development
4
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•
•
•
Rating Responsibility
E I. Organizational Management
M
B
Plans and organizes the work that goes
into providing services established by
past and current decisions of the
Council.
Plans and organizes work that carries
out policies adopted by Council and
developed by Staff.
Plans and organizes responses to public
requests and complaints or areas of
concern brought to the attention of
Staff by Council and Staff.
Evaluation and keeping up with
current technology.
Selecting, leading, directing, and
developing staff members.
Performance Standard
Organizational Management
will be considered effective
when a majority of the
conditions have been
successfully fulfilled:
a. Well qualified, promising
persons are recruited and
employed.
b. Employees are
appropriately placed,
contributing to a
high retention rate.
c. Supervisory techniques
motivate high performance.
d. Complaints to Council
are not common.
e. The organization is aware
of new trends in technology.
f. Makes most effective use
of available Staff talent.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments/suggestions/commendations.)
5
Rating Responsibility
E II. Fiscal/Business Management
M
B
Plans and organizes the preparation
of an annual budget with documentation,
etc. that conforms to guidelines adopted
by the Council.
Plans, organizes, and administers the
adopted budget within approved
revenues and expenditures.
." -is, organizes, and supervises most
ecorr: niic utilization of manpower/
materialsim ,lciiinery.
Plans and organizes a s , -` °*rr `-~Pnorts
for Council that provide most up--at
data available concerning expenditures
and revenue.
Plans and organizes maintenance of
City -owned facilities/buildings /equipment.
Performance Standard
Fiscal/Business Management
will be considered effective
when a majority of the
conditions have been
successfully fulfilled:
a. Budget preparation and
management are thorough
and effective.
b. Cost - effective measures
are persistently pursued.
c. Financial reporting is
timely and readily
understandable.
d. Physical facilities
management is efficient.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations.)
6
•
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•
Rating Responsibility
E III. Relationship with Mayor /Council
M
B
Maintains effective communications,
both verbal and written, with Council.
Maintains availability to Council,
either personally or through
designated subordinates.
Establishes and maintains a system of
reporting to Council current plans and
activities of the Staff.
Plans and organizes materials for
presentation to the Council, either
verbally or written, in the most
concise, clear and comprehensive
manner possible.
Performance Standard
Relations with Mayor/
Council will be considered
effective when a majority of
the conditions have been
successfully fulfilled:
a. Materials, reports,
Presentations, and
recommendations are
clearly and convincingly
made.
b. Communications are made
in a timely, forthright, and
open manner.
c. Responses to request are
made promptly and
completely.
d. Recommendations appear
to be thoroughly researched.
e. Adequate information is
provided to Council to make
decisions.
f. A system is in place to
report to Council current
plans, activities, events of
the City.
g. The City Administrator
can be depended upon to
follow through.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations. )
7
Rating Responsibility
E N. Long Range Planning
M
B
Maintains a knowledge of new
technologies, systems, methods, etc.
in relation to City services.
Keeps Council advised of new and
impending legislation and developments
in the area of public policy.
Plans and organizes a process of program
planning in anticipation of future needs
and problems.
Establishes and maintains an awareness
of developments occurring within other
cities or other jurisdictions that may have
an impact on City activities.
Plans, organizes, and maintains a process
for establishing community goals to be
approved or adopted by Council and
monitoring and status reporting.
Performance Standard
Strategic planning will be
considered effective
when a majority of the
conditions have been
successfully fulfilled:
a. A well - constructed long -
range (strategic) plan is
currently in operation.
b. Annual operational plans
are carried out by Staff
members.
c. An on -going monitoring
process is in operation to
attain quality assurance in
program and project
implementation.
d. Program evaluation and
personnel evaluation are
inter - related with the
strategic planning process.
e. Legislative knowledge is
current and complete.
f. Measurable outcomes (to
the extent possible) are used
to determine success in
program planning.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations. )
8
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Rating Responsibility
E
V. Relationship with Public/
Public Relations
M
B
Plans, organizes, and maintains training
of employees in contact with the public,
either by phone or in person.
Ensures that an attitude of feeling of
helpfulness, courtesy, and sensitivity
to public perception exists in employees
coming in contact with the public.
Establishes and maintains an image of
the City to the community that
represents service, vitality, and
professionalism.
Establishes and maintains a liaison with
private non - governmental agencies,
organizations and groups involved in
areas of concern that relate to services
or activities of the City.
Performance Standard
Communications services
will be considered effective
when a majority of the
conditions have been
successfully fulfilled:
a. Contacts with the media
are timely and credible.
b. Publications are varied
and consistently well -
received by the citizens.
c. Feedback from the public
and the community
leadership is positive.
d. City has good image with
comparable organizations.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations.)
9
Rating Responsibility
E VI. Intergovernment Relations
M
B
Maintains awareness of developments
and plans in other jurisdictions that may
relate to or affect City government.
Establishes and maintains a liaison with
other governmental jurisdictions in
those areas of service that improve or
enhance the City's programs.
Maintains communications with
governmental jurisdictions with which
the City is involved or interfaces.
Performance Standard
Intergovernment relations
will be considered effective
when a majority of the
conditions have been
successfully fulfilled:
a. Sufficient activity with
municipal and professional
organizations.
b. Regarded as leader by
municipal officials.
c. Provides examples of
good ideas from other
jurisdictions.
d. Positive relationship
with surrounding cities.
e. Good cooperation with
County and State agencies.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations.)
10
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•
•
•
Rating Responsibility
E VII. Professional/Personal Development
M
B
Maintains awareness and value of
broadening professional and personal
development.
Demonstrates imaginative leadership
initiatives.
Ability to build cohesiveness in Staff.
Decisiveness in leadership performance.
Effectiveness in verbal communication.
Performance Standard
Professional and personal
competencies will be
considered effective when a
majority of the conditions
have been successfully
fulfilled:
a. Management techniques
show evidences of
innovation, imagination,
and decisiveness.
b. Synergetic techniques
are fostered.
c. Verbal communication is
commendable.
Comments: (Observations of Evaluators — use this space also to indicate the impact
upon the teamwork factor.)
Suggestions for Improvement: (Specific area(s) that need strengthening.)
Commendations: (Area(s) of performance calling for praise /commendation.)
Comments of the City Administrator: (Responses to any of the evaluations/
comments /suggestions /commendations.)
11
•
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CITY MANAGER
PERFORMANCE EVALUATION
Evaluator Date
Please circle the number that best indicates your rating by circling the number which best
describes performance on each measure. Rate each dimension separately, being careful
not to be influenced by your overall judgment of the employee's performance while rating
individual measures.
COMMUNICATIONS
(Circle One)
1. Written Communications
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Effectiveness of letters, memoranda and other forms of written communication to the City
Council.
Questions for Thought: Is the City Manager providing the Council adequate information to
make decisions? Does the City Manager make recommendations on issues as often as
you'd like and in the manner you'd like? Do the City Manager /staff recommendations seem
as thoroughly researched as they ought to be? Can you think of an issue where you were
not comfortable with what you knew about the issues as opposed to not liking the
recommendations /your choices? Does the City Manager have and maintain a system,
written and /or oral, of reporting to City Council current plans, activities, events of the City?
Comments:
(Circle One)
2. Oral Communications:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Facility for presenting technical data and other information in a clear, concise and
understandable manner.
Comments:
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
3. Availability to the Council: 9 8 7 6 5 4 3 2 1 X
Ability to maintain availability to the City Council.
Comments:
2
•
•
•
•
•
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
4. Communication with Public: 9 8 7 6 5 4 3 2 1 X
Ability to effectively communicate the City's position to the public and the media.
Comments:
ADMINISTRATION:
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
5. Problem Analysis & Decision Making: 9 8 7 6 5 4 3 2 1 X
Ability to recognize problems, develop relevant facts and formulate alternative solutions for
City Council action.
Questions for Thought: Does the City Manager process information effectively to learn
new material, identify and define problems and make decisions? Does he look for alternative
solutions? Can he make timely, sound decisions even under conditions of risk and
uncertainty? Is he informed about organizational policies and procedures?
Comments:
3
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
6. Planning: 9 8 7 6 5 4 3 2 1 X
Ability to plan, organize and maintain a process of establishing goals and monitoring and
status reporting.
Question for Thought: Is the City Manager only approaching the job from a day -to -day
standpoint or are his efforts directed toward broad City Council objectives? Can you think of
a broad City objective which you feel is understood by the City Council and City Manager
which he is /is not managing well?
Comments:
(Circle One)
7. Follow Through:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Demonstration of planning and organization skills in accomplishing work assigned by Council
with dispatch and efficiency.
Questions for Thought: Can the City Manager be depended upon for sustained, productive
work? Does he readily assume responsibility? Can he then be depended upon to follow
through when asked to do something? Can you give an example of when he didn't? Does
he assign responsibilities, allocate resources and coordinate the activities of others to meet
objectives?
Comments:
4
•
•
i (Circle One)
•
•
8. Budgeting:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Ability to present an annual budget with sufficient documentation in a comprehensive format,
to administer the budget within approved limits and make sound financial decisions for the
City's future under the Capital Improvement Plan.
Questions for Thought: Does the City Council understand the budget and support the
overall financial direction the City Manager is providing? Is the City Manager effective in
identifying funding sources and matching the needs of the service area to available
resources?
Comments:
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
9. Leadership: 9 8 7 6 5 4 3 2 1 X
Ability to motivate others and to obtain optimum results through the efforts of others.
Questions for Thought: Does the City Manager take charge and initiate actions, directing
the activities of individuals and groups toward the accomplishment of meaningful goals? Can
he adapt his leadership strategy to different situations? Does he inspire and motivate
others? Can he effectively initiate collaborative efforts with other agencies?
Comments:
5
(Circle One)
10. Personal Adaptability:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Ability to respond appropriately and confidently to the demands of work challenges when
confronted with changes, ambiguity, adversity, or other pressures.
Questions for Thought: Does the City Manager act rationally and calmly when confronted
with adversity or frustration? Can he be effective when demands are ambiguous or changing
or when confronted with obstacles? Is he aware of his own strengths and weaknesses and
can he accept negative feedback constructively? Is he capable of handling problems without
the guidance of others, but accept direction when necessary?
Comments:
(Circle One)
11. Supervision:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Facility for supervising programs and services efficiently.
Questions for Thought: Does the City Manager effectively delegate and assign tasks and
monitor progress toward.meeting goals? Does he make good use of available talent to get
the work done? Does the City have an effective staff evaluation program?
Comments:
6
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•
•
•
(Circle One)
12. Staff Relations:
Unable
Above Meets Below to
Standards Standards Standards Observe
9 8 7 6 5 4 3 2 1 X
Proficiency in appointing, training, coaching and developing staff members.
Questions for Thought: Does the City Manager create an environment in which subordinate
are motivated and gain a sense of accomplishment for meeting individual and /or group
goals? Does he encourage professional growth? Via your feedback from the organization, is
the Manager readily accepted as a leader or does he need to work on his intra - organizational
image and relationships?
Comments:
(Circle One) Unable
Above Meets Below to
Standards Standards Standards Observe
13. Interpersonal Skills: 9 8 7 6 5 4 3 2 1 X
Ability to interact with others in ways that enhance understanding and respect, perceiving the
needs of others, developing smooth working relationships and dealing effectively with
conflict.
Questions for Thought: Does the City Manager show awareness of and consideration for,
the opinions and feelings of others? Have you witnessed smooth, cooperative, working
relationships with peers, subordinates and superiors? Does the City Manager project a
positive, professional image of the organization in all situations? Can he bring conflict or
dissent into the open and use it productively to enhance the quality of decisions? Does he
help arrive at constructive solutions while maintaining positive working relationships?
Comments:
7
(Circle One) Unable S
Above Meets Below to
Standards Standards Standards Observe
14. Intergovernmental Relations: 9 8 7 6 5 4 3 2 1 X
Ability to maintain a positive relationship with all governmental agencies and surrounding
municipalities that may enhance the City's plans and programs.
Comments:
OVERALL COMMENTS (Optional):
•
8
City of Cottage Grove
City Administrator Performance Evaluation
•structions: Place a check mark on the line underneath the rating column which you feel is appropriate for each item.
A. Policy
1. Assists in policy formulation without
exerting undue influence.
2. Provides sound advice on policy matters.
3. Carries out adopted policy effectively,
faithfully and in a timely manner.
Specific Comments:
B. Planning
1. Plans, organizes and supervises
implementation of ongoing City programs
and services.
2. Organizes program planning in a manner
that anticipates future needs and problems
and establishes common goals for adoption
y the City Council.
. Achieves goals set by or in conjunction
with the City Council.
Specific Comments:
C. Agendas
1. Prepares a sound agenda.
2. Balances the work flow from meeting to
meeting as much as possible.
3. Prepares agendas that focus on policy -
making issues while keeping unnecessary
administrative matters off.
Specific Comments:
D. Reporting
1. Provides reports in a comprehensive and
understandable manner.
2. Provides appropriate information for
making sound policy decisions.
Specific Comments:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
E. Fiscal Management
1. Presents realistic budget.
2. Seeks efficiency and economy in all
programs.
3. Presents budget in an understandable
fashion.
4. Keeps the City Council informed on fiscal
matters.
5. Administers the budget within adopted
limits.
6. Instills in the department heads and
employees a sense of efficiency and
economy.
Specific Comments:
F. Personnel
1. Demonstrates ability to recruit excellent
personnel.
2. Demonstrates ability to retain excellent
personnel.
3. Impartially administers the performance
evaluation system.
4. Maintains good relations with employee
organizations.
5. Effectively represents City interests in
collective bargaining.
6. Seeks to develop skills /ability of
employees.
7. Maintains regular and effective
communications with employees.
Specific Comments:
G. Supervision
1. Properly supervises Department Heads.
2. Knows what is going on in various
departments.
3. Encourages initiative in Department
Heads.
4. Is available to all City employees.
5. Keeps Department Heads informed of
Council policies.
Specific Comments:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial
improvement
1
Unknown
01
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Page 2
H. Leadership
1. Motivates others to accomplish goals.
2. Delegates appropriate responsibilities to
other members of management team.
3. Develops teamwork and cooperation
among staff.
4. Has the support of employees in
decisions.
Specific Comments:
I. Department Performance
1. Takes appropriate and timely steps to
improve departmental deficiencies.
2. Obtains the greatest possible performance
from Department Heads and employees.
3. Is aware of weak or inefficient
administrative personnel and works to
improve their performance.
Is aware of exceptional and /or unusually
productive administration personnel and
strives to have their accomplishments
recognized.
5. How would you assess Administrator's
performance with respect to his supervision
and interaction with each Department.
Please answer only as it relates to your view
of the Administrator's supervision of the
department, not to the performance of the
department itself.
Administration Department
Community Development
Finance Department
Fire Department
Police Department
Public Works Department
Specific Comments:
•
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
0
Page 3
J. Council Relations
1. Assists Council members in resolving
problems administratively to avoid
unnecessary action at meetings.
2. Deals with Council as a whole on policy
issues.
3. Demonstrates impartiality and maintains
appropriate relationships with individual
Council members.
4. Is receptive to constructive criticism.
5. Responds promptly to Council's inquiries.
Specific Comments:
K. Intergovernmental Relations
1. Maintains good cooperative relations with:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1 0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Municipalities and School Districts
State and Federal agencies /officials
Agencies contracting with or supported by
the City
Specific Comments:
L. Community Relations
1. Viewed by the community as a person of
high integrity, ability and devotion to the City.
2. Handles citizens' questions and /or
complaints promptly and effectively.
3. Properly supports the City Council.
4. Maintains good relations with the media;
provides accurate and timely information.
5. Properly avoids politics and partisanship.
6. Creates a feeling of respect for City
government within the community.
Specific Comments:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1 0
Page 4
u
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Municipalities and School Districts
State and Federal agencies /officials
Agencies contracting with or supported by
the City
Specific Comments:
L. Community Relations
1. Viewed by the community as a person of
high integrity, ability and devotion to the City.
2. Handles citizens' questions and /or
complaints promptly and effectively.
3. Properly supports the City Council.
4. Maintains good relations with the media;
provides accurate and timely information.
5. Properly avoids politics and partisanship.
6. Creates a feeling of respect for City
government within the community.
Specific Comments:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1 0
Page 4
M. Professional Reputation
•1. Well respected by fellow managers.
2. Knowledgeable of current developments
affecting the management field.
Specific Comments:
N. Personal Traits
1. Controls emotions effectively in difficult
situations.
2. Is creative in developing practical
solutions to problems faced in the course of
work.
3. Is flexible in accepting and adjusting to
change.
4. Has positive attitude.
5. Demonstrates personal honesty and
frankness in day -to -day relationships.
6. Seeks to improve own skills /knowledge.
7. Completes work in an acceptable time
Speriod.
8. Performs work accurately.
•
Specific Comments:
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
Very Strong Strong Adequate
5
4
3
Needs some
improvement
2
Needs
substantial Unknown
improvement
1
0
What can the City Administrator take the greatest pride in? What do you feel are his strongest points
and his finest accomplishments this year?
What areas do you feel most need improvement? Why? Do you have any constructive, positive idea
in which the City Administrator can improve these areas?
J: \Old Directories and Documents \MAW\Performance Evaluations \City Administrator.doc
Page 5
Appraisal of: City Manager
Date: July 2004
EVALUATION FORM
1. Unacceptable
2. Below Expectations
3. Meets Expectations
4. Exceeds Expectations
5. Superior
UA. Unable to Assess
Teamwork:
1.
2.
3.
4.
5.
UA.
1. Operates Effectively with all kinds of
people in the City.
2. Treats everyone with dignity, trust, and
respect.
3. Puts the success of the team before
individual success.
4. Willingly shares knowledge and skills
with other team members.
5. Displays a positive, can-do attitude.
6. Accepts and participates in team
assignments.
Comments:
Integrity:
1.
2.
3.
4.
5.
UA.
7. Actions and behaviors are consistent
with work. Lives up to commitments.
8. Demonstrates honest, ethical behavior.
9. Accepts responsibility for success and
failure.
Comments:
Customer Focus:
1.
2.
3.
4.
5.
UA.
10. Continually defines and pursues
opportunities that contribute to
customer satisfaction.
11. Anticipates customer needs rather
than reacting to customer needs.
12. Ensures that customer input is
solicited and acted upon on a regular
basis.
Comments:
Speed, Ener: , Efficiency
1.
2.
3.
4.
5.
UA.
13. Action oriented; performs assigned
tasks with energy, drive and the desire
to reach closure.
14. Quickly responds to customers,
suppliers, management or employee
needs.
15. Makes timely decisions in all situations
including under tight deadlines,
pressure, and even with limited
information.
16. Efficiently utilizes company resources;
actively seeks ways to reduce costs.
Comments:
Adaptability:
1.
2.
3.
4.
5.
UA.
17. Seeks new ways to continuously
improve the work environment.
18. Sees change as an opportunity, not as
a problem.
19. Adapts quickly to changing direction or
priorities.
Comments:
Effective Communication:
1.
2.
3.
4.
5.
UA.
20. Seeks first to understand and then to
be understood.
21. Communicates in a timely manner.
22. Willingly communicates ideas and
concerns.
Comments:
Initiative:
1.
2.
3.
4.
5.
UA.
23. Makes timely decisions even when
complete information is not available.
24. Assumes responsibility to overcome
difficult situations.
25. Seeks Opportunity to achieve work
goals and objectives.
Comments:
Creativity:
1.
2.
3.
4.
5.
UA.
26. Develops new ideas to solve problems
and resolve issues and challenges.
27. Applies innovative approaches that
result in improvements and solutions.
Comments:
Personal Development:
1.
2.
3.
4.
5.
UA.
28. Recognizes own strengths and
development needs and takes action to
make improvements.
29. Assumes primary responsibility for
personal development.
Comments:
What are the strengths of the City Manager?
What can the City Manager do to improve his performance?
Appraisal_CM 072604.doc
•
•
WS — Item 6
WORK SESSION STAFF REPORT
Work Session Item 6
Date: Council Work Session, February 4, 2008
To: City Council
From: Dan Tesch
Re: Professional Services Consultants
Background
The Council has requested a list of professional services consultants in addition to our
appointed consultants. The additional firms listed are known to staff.
1
Professional Services Consultants
Legal Services
Barna, Guzy & Steffan, Ltd.
Hawkins & Associates
Kennedy & Graven
Labor Services
Springsted, Inc.
Riley, Dettmann & Kelsy
Sherri Le & Associates
Fiscal Agent
Springsted, Inc.
Ehlers & Associates
Northland Securities
Public Financial Management (PFM)
City Engineer
TKDA
SEH
WSB & Associates, Inc.
Bonestroo, Rosene, Anderlik & Associates, Inc.
SRF Consulting Group
Auditor
Larson -Allen
HLB Tautges Redpath Ltd.
Kern, DeWenter & Viere (KDV)
Malloy, Montague, Karnowski, Radosevich & Co. (MMKR)
Abdo Eick & Meyers LLP
Eide Bailly
Virchow Krause & Co.
Additional consultants shown in italics.
•
•
•
•
•
•
WS — Item 7
WORK SESSION STAFF REPORT
Work Session Item 7
Date: Council Work Session, February 4, 2008
To: City Council
From: Michael Grochala
Re: 2008 Comprehensive Plan Process Update
Background
At the December 3, 2007 City Council work session staff presented the draft Land Use
Plan that was produced over the previous six months by the Comp Plan Advisory Panel.
The draft plan, in its current state, represents the "full build" plan for the City. The full
build plan represents development of the city well past the 2030 planning horizon of the
2008 update. However, planning for full build out is necessary in order to adequately
design the cities "system plans" including stormwater, sanitary sewer, water, storm water,
transportation, and parks /open space. The amount of land area guided for development
over the next 20 years will be dependent on infrastructure timing and growth
management objectives. The process of developing the staging plan will continue
through completion of the plan.
On Tuesday, December 4, 2007 the City hosted a Comprehensive Plan "Open House ",
which provided residents an opportunity to review and comment on the draft Land Use
Plan and other work products. The Open House was attended by 42 residents and
comments received were generally positive. Most notably the City was commended for
the collaborative work with the Rice Creek Watershed District. Staff did receive two
requests from residents for consideration of land use changes from low density residential
to medium density residential. Each of these requests will be evaluated with the drafting
of the comprehensive plan.
Staff is of the opinion that the plan satisfies the goals developed by the advisory panel, as
well as housing goals established by the council (attached). Additionally, the land use as
shown meets the Metropolitan Council directive of an average residential density of 3.0
units per acre.
The following tables represents the acreage breakdown of the designated land use
districts. The percentages are based on the net developable acreage (upland) of
individual districts. As shown, the predominate land use category is low density
residential.
1
Future Land Use
Gross
Acres
Net
Acres
Percent
Low Density Sewered
Residential
7,955
5,991
28.2%
Wetland
5,517
25.9%
Open Water
3,272
3,272
15.4%
Right -of -Way
1,642
1,488
7.0%
Public /Semi - Public
3,803
1,363
6.4%
Medium Density Residential
1,311
1,106
5.2%
Industrial
1,074
950
4.5%
Commercial
694
613
2.9%
Mixed Use
564
536
2.5%
Rural Land Use
650
191
0.9%
High Density Residential
206
179
0.8%
Private Airfield
66
42
0.2%
Manufactured Home Park
27
17
0.1%
Total City
21,265
21,265
100%
Process
The consultant team is currently preparing the analysis of the system plans based on the
draft landuse plan. The analysis will provide the basis for the development staging plan
and subsequently the 2030 landuse plan. The advisory panel will be meeting on January
30 to begin discussion on growth management techniques and policies. We anticipate
working through these issues and hosting an all board /city council meeting to discuss the
growth management strategy on February 20t.
Council Direction
Staff is requesting comments on the draft Land Use Plan.
Attachments
1. 2007 -2008 Council Goals — Housing
2. Draft Land Use Plan
2
•
•
•
City of Lino Lakes
Goals, Objectives, Management Action Plan: 2007 -2008
Goal 8 - Address projected housing needs for the City of Lino Lakes
A. Calendar Year 2007
(1) Objective: Provide land use areas in the Comp Plan that would
allow densities that make affordable housing possible
B. Calendar Year 2008
(1) Obi ective: Evaluate incentives that will encourage the private
sector to supply affordable housing products (examples: density
bonuses, lot size flexibility)
(2) Obiective: Integrate life cycle /affordable housing into new
residential neighborhoods
Objective: Develop ordinances and related policies to keep
housing affordable, safe, and attractive
(3)
3
•
1
1
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Draft Proposed Land Use Plan
City of Lino Lakes 2008 Comprehensive Plan Update
N
4,000 0 4,000
unimplommumme Feet
Ilw..l Municipal Boundary
Rural Land Use
Low Density Residential
Medium Density Residential
High Density Residential
Manufactured Home Park
INN Commercial
Mixed Use
Industrial
Public /Semi - Public
Private Airfield
Right -of -Way
Open Water
Wetlands
L( )LAKES
November 2, 2007
Prepared by Bonestroo
K: /activework/Gisserver /000586- 06001 -0 linolakescomplan /2030flu. mxd
•
•
•
WS — Item 8
WORK SESSION STAFF REPORT
Work Session Item 8
Date: February 4, 2008
To: City Council
From: Michael Grochala
Re: Animal Control Regulations
Background
Staff has identified a need for a revision to the city's animal regulations in order to
improve animal control within the city. Currently, animal regulations are scattered
throughout various chapters of the city code. This makes it difficult for the public to find
and comply with restrictions and for staff to enforce proper controls. In addition, current
regulations are in need of updates and revisions. Staff has drafted a revised Chapter 503,
Animal Control Regulations, that combines and improves on existing Chapters 502
(Dogs), 503 (Farm Animals), 506 (Non - Domesticated Animals) and 607 (Kennels). The
amended chapter contains language from Minnesota State Statutes, the League of MN
Cities Model Animal Ordinance, as well as various neighboring city ordinances to ensure
that the revised regulations are thorough and up to date.
Staff has worked together in an attempt to address all aspects of concern for citizens
regarding animals through these updated regulations. The final draft of Chapter 503 has
been reviewed by the Public Safety Department Personnel, and any changes per their
request have been made.
The following revisions have been incorporated into this revised chapter in an attempt to
improve animal control in the city.
1. The city's existing regulations allow for the restraint of an animal by voice command.
The police department has requested to remove this allowance as many animals do not
follow voice command and it is in the city's best interest to be proactive to prevent bites
and injuries that could be avoided. The revised ordinance will require an animal to be
restrained or confined while on the owner's property, and to be controlled by a leash or in
1
a motor vehicle while off the owner's property. This amendment can be found in Section
503.12, Prohibitions, referring to the definition of "at large."
2. Staff is aware that a number of residents currently own more than two dogs but have
not been issued a kennel license. These residents are in violation of city ordinance and
have unlicensed dogs. The City has received requests from property owners to make a
private kennel license more attainable. Currently, a private kennel, allowing three or four
dogs on a property, is allowed only on a parcel of land five (5) acres or more and requires
a Conditional Use Permit. In an attempt to increase conformity and control, staff has
amended restrictions for the allowance of a private kennel to a minimum of one (1) acre
of land, and will no longer require residents to obtain a Conditional Use Permit. A
private kennel license will be granted only after an inspection reveals that adequate
safeguards are present to protect the surrounding neighborhood from nuisances, and to
ensure compliance with Chapter 503 and Chapter 1007 (Zoning Ordinance). This
amendment can be found in Section 503.10, Kennel Licenses.
3. Regulations regarding dangerous and potentially dangerous animals have been revised
to be consistent with MN State Statutes. This area is not thoroughly addressed in the
existing ordinance.
4. Text has been added in Section 503.12 to address the keeping of pigeons, as staff has
become aware that a licensed pigeon handler lives in Lino Lakes.
5. The current code contains a clause that allows farm animals to be kept as pets in
residential neighborhoods. The City has received numerous citizen complaints
addressing this issue. In an attempt to reduce the number of nuisance complaints,
Chapter 503 has been revised to restrict that farm animals, as defined, will be prohibited
in residential districts. Provisions will allow for existing animals to remain at the time of
ordinance adoption. This amendment can be found in Section 503.17, Farm Animals.
The adoption of revised Chapter 503 will require that certain definitions and sections be
amended in Chapter 1007, Zoning Ordinance. Staff will present the amended Chapter
1007 to the council following approval of revised Chapter 503.
Requested Council Direction
The City Council is requested to place the adoption of amended Chapter 503 and the
repeal of Chapters 502, 506 and 607 on a future council meeting agenda for action.
Attachment(s)
1. Revised Draft City Code Chapter 503, Animal Control Regulations
2. Existing Chapters 502 (Dogs), 503 (Farm Animals), 506 (Non- Domesticated
Animals) and 607 (Kennels).
2
•
FINAL DRAFT Lino Lakes Animal Ordinance
Lf� m
151 Reading:
Published:
2 "tl Reading:
Effective:
To County Recorder:
Council Member
ordinance:
moved for adoption of the following
CITY OF LINO LAKES
ORDINANCE NO. XX -08
AMENDING THE CITY CODE BY REPEALING AND REPLACING
CHAPTERS 502, 503, 506 and 507
RELATED TO ANIMAL CONTROL REGULATIONS
The City Council of The City of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by
repealing and replacing Chapters 502, 503, 506 and 507 with an amended
Chapter 503 to read as follows:
CHAPTER 503. ANIMAL CONTROL REGULATIONS
Section
503.01 Definitions
503.02 Enforcement
503.03 Right of Entry
503.04 Impounding Animals
503.05 Impounding Strays
503.06 Impounding Facility
503.07 Redeeming Animals
503.08 Disposition of Animals
503.09 License and Vaccination Requirements
503.10 Kennel Licenses: Private and Commercial
503.11 Health and Maintenance Standards
503.12 Prohibitions
503.13 Confinement in Motor Vehicle
503.14 Rabies; Animal Bites
503.15 Dangerous and Potentially Dangerous Animals
503.16 Forfeiture of Ownership Rights
503.17 Farm Animals
503.18 Wild Animals
503.19 Penalty
503.20 Exemptions
503.01 DEFINITIONS.
Amended Draft Jan. 2008 Page 1 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
Unless the context clearly indicates otherwise, the words and phrases below are defined
for the purpose of this chapter as follows.
ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or
other member commonly accepted as a part of the animal kingdom. Animals shall be
classified as follows:
a) Domestic Animal. Any animal commonly accepted as a domesticated
household pet. Unless otherwise defined, such animals shall include dogs,
cats, caged birds including pigeons, gerbils, hamsters, guinea pigs,
domesticated rabbits, fish, non - poisonous, non - venomous and non -
constricting reptiles or amphibians, and other similar animals.
b) Wild Animal. Any animal commonly considered to be naturally wild and not
naturally trained or domesticated, or which is commonly considered to be
inherently dangerous to the health, safety, and welfare of people. Unless
otherwise defined, such animals shall include:
1. Any member of the large cat family (family felidae) including lions,
tigers, cougars, bobcats, leopards and jaguars, but excluding
commonly accepted domesticated house cats.
2. Any naturally wild member of the canine family (family canide)
including wolves, foxes, coyotes, dingoes, and jackals, but excluding
commonly accepted domesticated dogs.
3. Any crossbreeds such as the crossbreed between a wolf and a dog,
unless the crossbreed is commonly accepted as a domesticated house
pet.
4. Any member or relative of the rodent family including any skunk
(whether or not descented), raccoon, squirrel, or ferret, but excluding
those members otherwise defined or commonly accepted as
domesticated pets.
5. Any poisonous, venomous, constricting, or inherently dangerous
member of the reptile or amphibian families including rattlesnakes,
boa constrictors, pit vipers, crocodiles and alligators.
6. Any other animal which is not explicitly listed above but which can be
reasonably defined by the terms of this subpart, including but not
limited to bears, deer, monkeys and game fish.
c) Farm Animal. Any animal commonly associated with a farm or performing
work in an agricultural setting. Unless otherwise defined, such animals shall
include members of the equestrian family (horses, mules), bovine family
(cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine
(excluding Vietnamese pot - bellied pigs), goats, bees, and other animals
associated with a farm, ranch, or stable.
Amended Draft Jan. 2008 Page 2 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
AT LARGE. An animal not under the custody and control of the owner or other person,
either:
a) by leash, cord, chain, or otherwise restrained or confined while on the
premises of the owner; or
b) confined within a private vehicle or restrained by a leash not exceeding 6 feet
in length while off the premises of the owner
AUTHORIZED CITY PERSONNEL. The chief of police, law enforcement personnel,
and others designated by law enforcement personnel to assist in the enforcement of this
chapter.
KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the
business of boarding for a fee, for the business of breeding for sale or other profit - making
purpose, and not solely for private enjoyment.
KENNEL, PRIVATE. Any structure or premises on which between 3 (three) and 4
(four) dogs, over six months of age, are kept for private enjoyment and not for monetary
gain.
MALTREATED ANIMAL. An animal that has not been given adequate food, water, or
shelter as specified in §503.11 or that has been subjected to the conduct prohibited by
Minn Stat. §343.21.
OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All
adult occupants of the property where the animal resides or is kept are considered an
owner or owners.
PARCEL OF LAND. A contiguous tract or area of land established by plat, subdivision,
or as otherwise permitted by law, that has one legal description and parcel identification
number recorded with the Anoka County Property Records Department. Also referred to
as a "lot" or "lot of record."
PERSON. An individual, firm, partnership or corporation.
PREMISES. A building, structure, shelter or land where an animal is kept or confined.
PUBLIC NUISANCE ANIMAL. An animal that:
a) is maintained in a manner that violates §503.11;
b) by virtue of number or types of animals maintained, is offensive or dangerous
to the public health, safety or welfare; or
c) has been the subject of a violation of this chapter more than two times in a 24-
month period.
Amended Draft Jan. 2008 Page 3 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care
and boarding of animals and birds, under the direction of one or more licensed
veterinarians.
503.02 ENFORCEMENT.
The provisions of this chapter will be enforced by the chief of police, law enforcement
personnel, law enforcement designees, and the assistance of other personnel when
appropriate.
503.03 RIGHT OF ENTRY.
Authorized city personnel have the right to enter upon a premises at reasonable times for
the purpose of discharging their duties imposed by this chapter when there is reasonable
belief that a violation of this chapter has been committed.
503.04 IMPOUNDING ANIMALS.
1. Authorized city personnel may seize and impound an animal found to be in violation
of this chapter. These personnel may enter onto private property to seize and
impound animals when:
a) they have a reasonable and immediate concern for the animal's health, safety
or welfare;
b) they have a reasonable and immediate concern for the health and safety of
human beings or other animals as a result of the animal's continued presence
on the property; or
c) they have reasonable cause to believe that a violation of this chapter has
occurred or is occurring and that seizure is necessary to prevent further
violation, but only after a reasonable effort has been made to contact an
occupant of the property.
2. A person must not interfere with authorized city personnel impounding an animal,
nor refuse to surrender an animal to these personnel.
3. The animal owner is responsible for costs for the impounding and housing of an
impounded animal.
503.05 IMPOUNDING STRAYS.
1. Authorized city personnel may seize and impound an animal found at large on
public property or claimed to be a stray by the occupant of the premises upon which
the animal is found.
Amended Draft Jan. 2008 Page 4 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
2. An impounded stray animal displaying a need for medical care may be taken to a
veterinarian for emergency treatment. The owner of the animal is responsible for
payment of expenses incurred as a result of the veterinarian's treatment.
503.06 IMPOUNDING FACILITY.
1. The council will designate a place as an animal impounding facility for keeping
animals that are impounded by the city.
2. Each month the impounding facility will give to the city a written report showing
the animals impounded, the duration of the impoundment, and the method of
disposal for each animal.
503.07 REDEEMING ANIMALS.
The owner of an impounded animal may redeem such animal upon payment of all
impounding and /or boarding fees. Animal Owner is responsible for all assessed fees. No
dog may be released unless properly inoculated for rabies and licensed by the city.
503.08 DISPOSITION OF ANIMALS.
If an impounded animal is not redeemed within five business days after the required
notice, authorized city personnel may give the animal away or direct the impounding
facility to dispose of the animal in a humane manner.
503.09 LICENSE AND VACCINATION REQUIREMENTS:
1. License and Registration. All dogs within the City of Lino Lakes shall be
licensed except the following:
a) Dogs less than six (6) months of age;
b) Dogs which are brought into the City for appearances in an animal show or
trial;
c) Dogs being used by law enforcement officers.
2. Limitations. No more than two dogs over six (6) months of age shall be kept on a
property except as provided for in Section 503.10.
3. Vaccination Required. A person who owns, harbors or keeps a dog over six
months old within the city must have the dog vaccinated by a licensed veterinarian
with an anti- rabies vaccine that is currently effective. The owner shall be
responsible for revaccination of the anti - rabies vaccine upon each expiration date
and return to the city for re- licensing of their dog.
Amended Draft Jan. 2008 Page 5 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
4. Tag Required. A person who owns, harbors or keeps a dog over six months old
within the city must securely attach the City of Lino Lakes identification tag to the
dog's collar so that it can be readily seen. The identification tag must be worn by
the dog at all times when it is off the owner's or keeper's property.
5. Licensing/Vaccination Procedures.
a) Application. Except as herein provided, within thirty (30) days of acquiring
possession of a dog which has not been licensed by the City, or within thirty
(30) days of moving to the City with a dog which has not previously been
licensed by the City, the owner of the dog shall make application for a dog
license. The application shall be on forms provided by the City. The applicant
shall also provide proof of vaccination and spay or neuter to the City prior to
the issuance of a license or renewal of a license.
b) License Fee. License application must be accompanied by a non - refundable
fee as established by City Council ordinance.
c) Duration of License. All licenses are valid for the same length of time as the
rabies vaccination and must be renewed within 30 days after the vaccination
or a penalty will be applied in the amount set forth by City Council ordinance.
d) Receipt and Tags. Upon completion of the application form, receipt of the
license fee(s), and receipt of proof of vaccination and spay or neuter, if
applicable, the City shall cause a license fee receipt to be issued to the
applicant, along with a metallic tag. The applicant shall cause the tag to be
affixed permanently by metal fastening device to the collar of the licensed dog
in such a manner that the tag is easily observed. If a tag is lost, a duplicate
may be issued by the City upon presentation of a receipt showing payment of
the initial license fee and upon payment of an additional fee for each duplicate
tag in the amount set forth by City Council ordinance.
e) Change of Address. An applicant who has obtained a dog license shall notify
the City of applicant's address change within corporate limits of the City
within thirty (30) days of any address change.
f) Counterfeit Certificate. A vaccination certificate is valid only for the dog and
owner to which it was issued. A person must not use a rabies vaccination
certificate for a different dog than the one for which it was issued.
g) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach
any counterfeit tag to any dog in the City.
h) Transfer of Tags. No person shall transfer a dog tag from one dog to another.
i) Change of Ownership. If there is a change in ownership of the dog during the
duration of the license, the new owner may have a current license changed to
Amended Draft Jan. 2008 Page 6 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
their name upon payment of an ownership transfer fee, or may secure a new
license. The ownership transfer fee shall be $1.00
503.10 KENNEL LICENSES: COMMERCIAL AND PRIVATE.
1. General. Any person who owns, keeps, or allows the keeping of more than two
dogs over six months of age on any parcel of land must first acquire a kennel
license from the city. A person who owns or operates a commercial kennel or a
private kennel must renew the license annually and comply with applicable
requirements herein.
a) An application for a private or commercial kennel license must be submitted
to the police department accompanied by the fee established by City Council
ordinance.
b) A kennel license may be issued after an inspection reveals that adequate
safeguards are present to protect the surrounding neighborhood from
nuisances and to ensure compliance with this chapter as well as Chapter
1007. A license may not be issued if the location does not comply with the
applicable health and maintenance standards set forth below. The license may
include conditions that authorized city personnel deem reasonably necessary
to protect public health and safety and to protect people in neighboring
property from unsanitary conditions, unreasonable noise and odors, and other
unreasonable annoyances. The license or permit may be reasonably modified
by authorized city personnel if necessary to respond to changed
circumstances. The modification will be effective 10 days after the mailing of
written notice by certified mail to the holder.
c) Each dog over six months of age is required to have an individual dog license
obtained by the city.
d) A kennel license will be issued for a maximum of one year and will expire on
May 31 of each year. A license may be revoked because of a violation of this
chapter, or another relevant law, ordinance or regulation.
2. Private Kennel. A minimum of one acre of land is required to obtain a private
kennel license in any zoning district. Every kennel shall be enclosed or fenced in
such manner as to prevent the running at large or escape of animals confined
therein. A private kennel license shall be limited to a maximum of four dogs.
3. Commercial Kennel. Commercial kennels shall also be subject to the provisions
of Chapter 1007.
503.11 HEALTH AND MAINTENANCE STANDARDS.
1. All Animals - Health Standards. The owner of an animal kept in the city must
comply with the following standards.
Amended Draft Jan. 2008 Page 7 of 19
FINAL DRAFT Lino Lakes Animal Ordinance
a) An animal kept outdoors or in an unheated enclosure must be provided with
adequate shelter and bedding to protect it from the sun, rain, snow, and
temperatures below 50 degrees Fahrenheit.
b) The shelter must include a moisture proof and windproof structure of suitable
size to allow the animal to stand in an upright position and to lie down
stretched out so that no part of its body need touch the sides of the structure.
The structure must be made of durable material sufficient to allow retention of
body heat with a solid floor raised at least two inches from the ground and an
entrance covered by a flexible windproof material or self - closing swinging
door. The structure must be provided with sufficient quantity of suitable
bedding material consisting of hay, straw, cedar shavings, blankets or the
equivalent to provide insulation and protection against cold and dampness and
to promote retention of body heat. The structure must be structurally sound
and maintained in good repair. The structure shall meet the accessory
building requirements as set forth in Chapter 1007.
c) In lieu of the requirements of paragraphs a and b, an animal may be provided
with access to a barn with a sufficient quantity of loose hay or bedding and
protection against cold and dampness.
d) If an animal is confined by a chain, the chain must be so attached that it
cannot become entangled with the chains of other animals or other objects. A
chain must be of a size adequate to restrain the animal involved and must be
attached to the animal by means of a well fitted collar. The collar must be
large enough to allow free breathing but small enough to avoid being easily
pulled over the animal's head. A chain must be at least three times the length
of the animal as measured from the tip of his nose to the base of his tail.
e) A female dog in season must be confined indoors or in a secure enclosure so
that she will not be in contact, except for intentional breeding purposes, with
another dog or create a nuisance by attracting other animals who engage in
continued barking, yelping or howling.
f) An animal must be provided with sufficient food and water daily to meet
adequate nutritional requirements.
g)
No person shall beat, torment, tease, or otherwise abuse an animal, or permit
an animal to fight.
h) The owner of any animal within city limits will provide veterinary care when
needed to prevent suffering of any sick or injured animal.
2. All Animals — Maintenance Standards. An owner or an animal kept in the city
must comply with the standards below. Before commencing an action to enforce
compliance with these standards, enforcement personnel must give an owner notice
of a violation and a reasonable opportunity to comply.
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FINAL DRAFT Lino Lakes Animal Ordinance
a) An owner must maintain an animal and the area where it is kept so that no
odor that offends the senses of a reasonable person is detected, for more than
one day, off the property where the animal is kept.
b) An owner must maintain the property where the animal is kept so that there is
no erosion, and no drainage of water contaminated by the animal, onto
adjacent properties or into wetlands.
c) The owner must manage the feces and other bodily wastes from the animal in
a timely and sanitary manner that prevents health risks and prevents odors that
are prohibited under paragraph (a) above.
3. Commercial Kennels & Veterinary Hospitals. In addition to the standards
established under paragraphs 1 and 2, commercial kennels and veterinary hospitals
must comply with the following standards.
a) Housing facilities must be structurally sound and maintained in good repair.
Indoor housing facilities must be adequately ventilated and have ample light,
either natural or artificial.
b) An enclosure must be of sufficient size to allow each animal to turn around
fully and to stand, sit and lie in a comfortable normal position. The floors of
the enclosure must be constructed so as to prevent injury to the animal's legs
and feet.
c) The temperature for indoor housing facilities must not be allowed to fall
below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures.
d) Disposal facilities must be provided to minimize vermin, infestation, odors
and disease hazards.
e) Adequate storage and refrigeration must be provided to protect food supplies
against contamination and deterioration.
f) The premises, cages, enclosures and housing facilities must be clean and
disinfected as often as is necessary to maintain clean and sanitary conditions
at all times.
g)
Animals must be fed at least once a day with clean, wholesome food,
sufficient to meet the normal nutritional requirements for the animal's age,
size and condition.
h) Clean potable water must be made available to all animals at least twice daily
for periods of not less than one hour.
i) Feeding and water receptacles must be kept clean and sanitary at all times.
j) Animals housed in the same primary enclosure must be maintained in
compatible groups. Non -adult animals must not be housed in the same
primary enclosure with adult animals other than their mothers.
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k) An animal exhibiting a vicious disposition must be housed separately.
1) Females in season must not be confined in the same enclosure with males
except for breeding purposes. Animals used for breeding must be of
compatible size and only one male and one female may be mated at one time
in a single enclosure.
m) Animals affected with clinical evidence of infections, contagious or
communicable disease must be separated from other animals in a manner to
minimize the chance of further infection. An effective program for the control
of insects, ecto parasites and other pests must be established and maintained.
503.12 PROHIBITIONS.
1. An owner must not cause or permit his/her animal to run at large within the city
limits. This restriction does not apply to:
a) dogs that have been specially trained and certified to perform tasks to assist
people, such as handicapped assistance, police canine duties, or search and
rescue.
b) pigeons that have been released for limited periods necessary for exercise,
training or competition provided it is not within twelve hours following a
feeding.
2. An owner must not permit any animal to be on park property, city trails, public
property or the property of another without having in the owner's immediate
possession a device for the immediate removal of feces material deposited by the
animal as well as a container for the transport of such material to an appropriate
disposal receptacle.
3. A person must not abandon an animal within the city.
4. A person must not keep, own, harbor or otherwise possess a public nuisance animal,
as defined in §503.01.
5. A person must not allow an animal to create a habitual disturbance. Habitual
disturbance shall be defined as howling, yelping, barking, crowing, or other kinds
of noise for repeated intervals of at least three minutes with less than one minute of
interruption that is audible off of the owners' premises.
6. A person must not permit an animal under his/her care, custody or control to
damage another person's lawn, garden or other property.
7. A person must not injure, harass, or interfere with a police canine in the lawful
performance of its duties, or attempt, permit or cause the same.
8. An owner of an animal must not fail to restrain the animal from inflicting or
attempting to inflict bodily injury on a person at any place or on a domestic animal
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FINAL DRAFT Lino Lakes Animal Ordinance
off the owner's property, except in the circumstances defined in Section 503.15,
Subd. 3.b., Potentially Dangerous Animal
9. A person, except police officers in the lawful performance of their duties using a
police canine, must not cause or encourage an animal to engage in unprovoked
attacks upon human beings or domestic animals.
10. A person must not own, possess, harbor, or train an animal for the purpose of
fighting with other animals.
11. It is unlawful for an owner to sell or cause to be sold any animal without first
providing the purchaser with written certification as to the origin of the animal.
503.13 CONFINEMENT IN MOTOR VEHICLE.
1. A person must not cause or allow an animal to be placed or confined in a motor
vehicle without adequate ventilation when the atmospheric temperature, humidity,
and sun rays can be reasonably expected to cause suffering, disability or death.
Evidence that the animal is suffering from heat stress is prima facie evidence of a
violation of this section.
2. This section does not prohibit the transportation of horses, cattle, sheep, poultry or
other agricultural livestock in trailers or other vehicles designed and constructed for
that purpose.
3. Authorized city personnel who find an animal in a motor vehicle in violation of this
section may break and enter into the vehicle if necessary to remove the animal.
Neither the personnel nor the city will be liable for vehicle damage that results. An
animal removed must be taken immediately to the animal impounding facility to be
evaluated by a licensed veterinarian. The personnel must leave within the vehicle a
written notice giving their name and position and the address where the animal may
be redeemed. The owner of the animal is responsible for any applicable fees and all
medical and housing expenses incurred.
503.14 RABIES; ANIMAL BITES.
1. A dog or animal displaying symptoms of being rabid may be seized at any place or
time and will be confined in the city impounding facility at the expense of the
owner, until found to be free from rabies.
2. If a dog or other animal appears to be diseased, vicious, dangerous, rabid or has
been exposed to rabies, and the dog or other animal cannot be impounded without
serious risk of personal injury, the dog or other animal may be killed, if reasonably
necessary for the safety of a person or persons.
3. When a dog or other animal has bitten a person and the skin has been broken or the
services of a doctor are required, the owner or custodian of the biting animal and
the person bitten or his /her parent or guardian must report the incident to the Lino
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FINAL DRAFT Lino Lakes Animal Ordinance
Lakes Police Department within 24 hours of the bite. The dog or other animal must
be confined for a period of not less than 10 days in a veterinary hospital or on the
owner's premises, as determined by the authorized city personnel. These personnel
may refuse to permit confinement on the owner's premises if the animal has
previously been found repeatedly at large or if the animal does not have a currently
effective rabies inoculation. If confinement on the owner's premises is permitted,
the animal may not be allowed off the premises or in contact with people or other
animals during the confinement period, except for medical purposes. If the owner
fails to comply with these restrictions, authorized city personnel may enter onto the
property, seize the animal, and remove it to a veterinary hospital. The owner is
responsible for all costs of confinement incurred under this section. As a condition
of releasing a confined animal, authorized city personnel may require that the
animal's owner take the animal for an examination by a veterinarian and may
require the owner to follow any recommendations from the veterinarian regarding
the animal's training or behavior. The authorized personnel must notify the owner
of these requirements in writing. Failure to comply with a requirement is a
violation of this code, punishable as a misdemeanor and/or as a civil violation.
503.15 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
1. Attack by an animal. It shall be unlawful for any person's animal to inflict or
attempt to inflict bodily injury to any person or other animal whether or not the
owner is present. This section shall not apply to an attack by a dog under the
control of an on -duty law enforcement officer or to an attack upon an uninvited
intruder who has entered the owner's home with criminal intent.
2. Destruction of a dangerous animal. The animal control officer shall have the
authority to order the destruction of dangerous animals in accordance with the terms
established by this ordinance.
3. Definitions:
a. A Dangerous Animal is an animal which has:
i. Caused bodily injury or disfigurement to any person on public or private
property; or
ii. Engaged in any attack on any person under circumstances which would
indicate danger to personal safety; or
iii. Exhibited unusually aggressive behavior, such as an attack on another
animal; or
iv. Bitten one (1) or more persons on two (2) or more occasions; or
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FINAL DRAFT Lino Lakes Animal Ordinance
v. Been found to be potentially dangerous and /or the owner has personal
knowledge of the same, the animal aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
b. A Potentially Dangerous Animal is an animal which has:
i. Bitten a human or a domestic animal on public or private property; or
ii. When unprovoked, chased or approached a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack; or
iii. Has engaged in unprovoked attacks causing injury or otherwise
threatening the safety of humans or domestic animals.
c. Proper Enclosure. Proper enclosure means securely confined indoors or in a
securely locked pen or structure suitable to prevent the animal from escaping
and to provide protection for the animal from the elements. A proper
enclosure does not include a porch, patio, or any part of a house, garage, or
other structure that would allow the animal to exit of its own volition, or any
house or structure in which windows are open or in which door or window
screens are the only barriers which prevent the animal from exiting. The
enclosure shall not allow the egress of the animal in any manner without
human assistance. A pen or kennel shall meet the following minimum
specifications:
i. Have a minimum overall floor size of thirty-two (32) square feet.
ii. Sidewalls shall have a minimum height of five (5) feet and be
constructed of 11 -guage or heavier wire. Openings in the wire shall not
exceed two (2) inches, support posts shall be one -and- one - quarter -inch
or larger steel pipe buried in the ground eighteen (18) inches or more.
When a concrete floor is not provided, the sidewalls shall be buried a
minimum of eighteen (18) inches in the ground.
iii. A cover over the entire pen or kennel shall be provided. The cover shall
be constructed of the same gauge wire or heavier as the sidewalls and
shall have no openings in the wire greater than two (2) inches.
iv. An entrance /exit gate shall be provided and be constructed of the same
material as the sidewalls and shall also have no openings in the wire
greater than two (2) inches. The gate shall be equipped with a device
capable of being locked and shall be locked at all times when the animal
is in the pen or kennel.
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d. Unprovoked. Unprovoked shall mean the condition in which the animal is not
purposely excited, stimulated, agitated or disturbed.
4. Designation as potentially dangerous animal. The animal control officer shall
designate any animal as a potentially dangerous animal upon receiving such
evidence that such potentially dangerous animal has, when unprovoked, then bitten,
attacked, or threatened the safety of a person or a domestic animal as stated in Subd.
3.b. When an animal is declared potentially dangerous, the animal control officer
shall cause one (1) owner of the potentially dangerous animal to be notified in
writing that such animal is potentially dangerous.
5. Evidence justifying designation. The animal control officer shall have the authority
to designate any animal as a dangerous animal upon receiving evidence of the
following:
a. That the animal has, when unprovoked, bitten, attacked, or threatened the
safety of a person or domestic animal as stated in Subd. 3.a.
b. That the animal has been declared potentially dangerous and such animal has
then bitten, attached, or threatened the safety of a person or domestic animal
as stated in Subd. 3.a.
6. Authority to order destruction. The animal control officer, upon finding that an
animal is dangerous hereunder, is authorized to order, as part of the disposition of
the case, that the animal be destroyed based on a written order containing one (1) or
more of the following findings of fact:
a. The animal is dangerous as demonstrated by a vicious attack, an unprovoked
attack, an attack without warning or multiple attacks; or
b. The owner of the animal has demonstrated an inability or unwillingness to
control the animal in order to prevent injury to persons or other animals.
7. Procedure. The animal control officer, after having determined that an animal is
dangerous, may proceed in the following manner:
a. The animal control officer shall cause one (1) owner of the animal to be
notified in writing or in person that the animal is dangerous and may order the
animal seized or make such orders as deemed proper. This owner shall be
notified as to dates, times, places and parties bitten, and shall be given
fourteen (14) days to appeal this order by requesting a hearing before the city
council for a review of this determination.
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FINAL DRAFT Lino Lakes Animal Ordinance
i. If no appeal is filed, the orders issued will stand or the animal control
officer may order the animal destroyed.
ii. If an owner requests a hearing for determination as to the dangerous
nature of the animal, the hearing shall be held before the city council,
which shall set a date for hearing not more than three (3) weeks after
demand for the hearing. The records of the animal control or city clerk's
office shall be admissible for consideration by the animal control officer
without further foundation. After considering all evidence pertaining to
the temperament of the animal, the city council shall make an order as it
deems proper. The city council may order that the animal control officer
take the animal into custody for destruction, if such animal is not
currently in custody. If the animal is ordered into custody for
destruction, the owner shall immediately make the animal available to
the animal control officer.
iii. No person shall harbor an animal after it has been found to be dangerous
and ordered into custody for destruction.
8. Stopping an attack. If any police officer or animal control officer is witness to an
attack by an animal upon a person or another animal, the officer may take whatever
means the officer deems appropriate to bring the attack to an end and prevent
further injury to the victim.
9. Notification of New Address. The owner of an animal which has been identified as
dangerous or potentially dangerous must notify the animal control officer in writing
if the animal is to be relocated from its current address or given or sold to another
person. The notification must be given in writing at least fourteen (14) days prior to
the relocation or transfer of ownership. The notification must include the current
owner's name and address, the relocation address, and the name of the new owner,
if any.
503.16 DANGEROUS ANIMAL REQUIREMENTS
1. Requirements. If the city council does not order the destruction of an animal that
has been declared dangerous, the city council may, as an alternative, order any or all
of the following:
a. That the owner provide and maintain a proper enclosure for the dangerous
animal as specified in Section 503.15, Subd. 3.c.
b. Post the front and the rear of the premises with clearly visible warning signs,
including a warning symbol to inform children, that there is a dangerous
animal on the property, as specified in Minnesota Statute 347.51;
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FINAL DRAFT Lino Lakes Animal Ordinance
c. Provide and show proof annually of public liability insurance in the minimum
amount of three hundred thousand dollars ($300,000.00);
d. If the animal is a dog and is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash (not to exceed six (6)
feet in length) and under the physical restraint of a person sixteen (16) years
of age or older. The muzzle must be of such design as to prevent the dog
from biting any person or animal, but will not cause injury to the dog or
interfere with its vision or respiration;
e. If the animal is a dog, it must have an easily identifiable, standardized tag
identifying the dog as dangerous affixed to its collar at all times as specified in
Minnesota Statute 347.51;
f. All animals deemed dangerous by the animal control officer shall be
registered with Anoka County within fourteen (14) days after the date the
animal was so deemed and provide satisfactory proof thereof to the animal
control officer.
g. If the animal is a dog, the dog must be licensed and up to date on rabies
vaccination. If the animal is a cat or ferret, it must be up to date with rabies
vaccination.
2. Seizure. Animal control shall immediately seize any dangerous animal if the owner
does not meet each of the above requirements within fourteen (14) days after the
date notice is sent to the owner that the animal is dangerous. Seizure may be
appealed to district court by serving a summons and petition upon the city and filing
it with the district court.
3. Reclaiming Animals. A dangerous animal seized under Subd. 2 may be reclaimed
by the owner of the animal upon payment of impounding and boarding fees, and
presenting proof to animal control that each of the requirements under Subd. 2 is
fulfilled. An animal not reclaimed under this section within fourteen (14) days may
be disposed of as provided under Section 503.15, Subd. 6, and the owner is liable to
animal control for costs incurred in confining the animal.
4. Subsequent Offenses. If an owner of an animal has subsequently violated the
provisions under Section 503.15 with the same animal, the animal must be seized
by animal control. The owner may request a hearing as defined in Section 503.15,
Subd. 6. If the owner is found to have violated the provisions for which the animal
was seized, the animal control officer shall order the animal destroyed in a proper
and humane manner and the owner shall pay the costs of confining the animal. If
the person is found not to have violated the provisions for which the animal was
seized, the owner may reclaim the animal under the provisions of Subd. 3. If the
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FINAL DRAFT Lino Lakes Animal Ordinance
animal is not yet reclaimed by the owner within fourteen (14) days after the date the
owner is notified that the animal may be reclaimed, the animal may be disposed of
as provided under Section 503.15, Subd. 6 and the owner is liable to the animal
control for the costs incurred in confining, impounding, and disposing of the
animal.
503.16 FORFEITURE OF OWNERSHIP RIGHTS.
1. The ownership rights of a person owning the following types of animals may be
forfeited to the city pursuant to the procedure in this section:
a. a public nuisance animal;
b. a wild animal; and
c. a maltreated animal.
In addition, the ownership rights of other animals owned by the same owner may be
forfeited if he /she has demonstrated an inability or unwillingness to properly care
for or control the animal in order to prevent it from becoming a public nuisance
animal or a maltreated animal.
2. Authorized city personnel must notify the owner or apparent owner of the animal
sought to be forfeited that the city intends to forfeit his/her ownership rights. The
notice must be served on the owner personally or by registered mail. The notice
must be in writing and state the reasons why forfeiture is sought, including a
summary of applicable incidents.
3. If the animal is deemed forfeited, the owner must immediately give the animal to
authorized city personnel, and a failure or refusal to do so is a misdemeanor.
Authorized city personnel may use reasonable force and go onto private property to
take the animal into custody.
4. Authorized city personnel will determine on a case by case basis whether forfeited
animals may be destroyed or given to new owners who will adequately care for and
control the animal.
503.17 FARM ANIMALS.
1. In addition to the provisions of this chapter, the keeping of farm animals or limited
livestock raising may be permitted in rural zoning districts according to the
regulations of § 1007.
2. An exception shall be made to this subsection for those animals brought into the
city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or
a licensed show or exhibition.
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3. The keeping of farm animals legally existing at the adoption of this ordinance in
residential zoning districts may continue to exist as to type and number of animals
with the following provisions:
a. the current use shall not be expanded;
b. the current use shall cease if discontinued for more than a period of one year;
c. a violation of any section of this chapter shall cease the current use.
503.18 WILD ANIMALS.
It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-
domestic animal within the City limits. Any owner of such an animal at the time of
adoption of this Code shall have thirty days in which to remove the animal from the City
after which time the City may impound the animal as provided for in this Section. An
exception shall be made to this prohibition for animals specifically trained for and
actually providing assistance to the handicapped or disabled, and for those animals
brought into the City as part of an operating zoo, veterinarian clinic, scientific research
laboratory, or a licensed show or exhibition.
503.19 PENALTY.
A violation of any section of Chapter 503 is a misdemeanor. Each day on which a
violation continues shall constitute a separate violation.
503.20 EXEMPTIONS.
Animals used for law enforcement and fire rescue purposes in their official capacities are
exempt from this chapter.
Section 2. Effective Date. This ordinance shall be in full force and effect from and after
30 days following its passage and publication, in accordance with
Section 3.09 of the City Charter.
John Bergeson, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2008.
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:
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FINAL DRAFT Lino Lakes Animal Ordinance
Whereupon said ordinance was declared duly passed and adopted.
Amended Draft Jan. 2008 Page 19 of 19
Council Member Kuether introduced the following ordinance and moved its
adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
Ordinance No. 03 -96
AN ORDINANCE AMENDING SECTION 502
OF THE LINO LAKES CITY CODE
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain
Section 1. Section 502, Dogs, is hereby repealed and replaced with
the following:.
502.1 Definitions: As used in this Section except as otherwise provided, the following terms
shall have the respective meanings ascribed to them:
Subd 1 Animal. Every living creature except members of the human race.
Subd 2 Animal- Domestic. Animals normally kept within the home, but not exclusive
of the home, such as fish, dogs, cats, potbelly pigs and household birds.
Subd 3 Animal- Non - Domestic. Animals normally kept outside of the home for the
purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats,
birds such as fowl, pigeons, falcons, and similar animals.
Subd 4
Animal-Wild. Means any ape, including chimpanzee, gibbon, gorilla,
orangutan, baboon, any bison, bobcat, cheetah, crocodile, coyote, deer,
including all members of the deer family such as antelope, elk, and moose,
any elephant, ferret, fox, hyena, jaguar, lion, leopard, cougar, lynx, ostrich,
skunk, wolf, or brush wolf, tiger, poisonous snake, or any constrictor snake,
bears, badgers; any other animal that is wild, ferocious, or is vicious by
nature, habit, disposition, or is normally found in the wild; or any animal
which is a mixed breed of any wild animal and any other animal
Subd 5 At Large. Not under restraint as defined in this section.
Page 1
Subd 6 Cat. Any domestic feline animal, male or female, whole or neutered, of any
age.
Subd 7 Dog. Any domestic canine animal, male or female, whole or neutered, of any
age.
Subd 8 Dangerous Dog. Any dog which meets the definition of dangerous dog set
forth in Minnesota Statutes Section 347.50 or any successor statute.
A Dangerous Dog. "Dangerous Dog" means any dog that has:
(1) without provocation, inflicted substantial bodily harm on a human
being on public or private property.
(2) killed a domestic animal without provocation while off the owner's
property; or
(3) been found to be potentially dangerous, and after the owner has
notice that the dog is potentially dangerous, the dog aggressively
bites, attacks or endangers the safety of humans or domestic animals
Subd 9 Potentially Dangerous Dog. Any dog which meets the definition of
potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or
any successor statute.
A Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog
that:
(1)
(2)
(3)
Subd 10
when unprovoked, inflicts bites on a human or domestic animal on
public or private property;
when unprovoked, chases or approaches a person, including a person
on a bicycle, upon the streets, sidewalks, or any public or private
property, other than the dog owner's property, in an apparent attitud
of attack; or
has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of
humans or domestic animals.
Kennel, commercial. Any parcel of property on which more than two (2)
dogs over six (6) months of age are kept, owned, boarded, groomed,
sheltered, protected, bred, or offered for sale or any other merchandising
that is not defined as a private kennel under Subd 11. Every commercial
kennel shall be enclosed or fenced in such manner as to prevent the runnii
at large or escape of animals confined therein. After issuance of a
Conditional Use Permit, Commercial Kennels shall be allowed in the
following zoning districts: Rural Business Reserve (RBR), Commercial,
Industrial.
Page 2
Subd 11
Subd 12
Subd 13
Subd 14
Kennel, private. Any parcel of property on which more than two (2) dogs
over six (6) months of age are kept for private enjoyment and not for
monetary gain. Every kennel shall be enclosed or fenced in such a manner as
to prevent the running at large or escape of animals confined therein.
Private Kennels shall be allowed in all zoning districts upon parcels of
property five (5) acres or more in size following issuance of a Conditional
Use Permit.
Owner. Any person, firm, corporation, organization, or department,
possessing, harboring, keeping, having an interest in, or having temporary or
permanent custody or control of an animal.
Under Restraint. Controlled by a leash of not more than six (6) feet in
length; under restraint by an electrical device, i.e. electric fence provided the
animal is wearing a shock collar made for that specific electrical device; or
within the limits of its owner's premises in any residential district; under the
voice or signal command of a competent person whose command the animal
will obey immediately in other zoning districts.
An unattended dog on the property of another, without the consent of such
property owner, is "at large" and not under restraint, even though it might be
on a leash.
502.2 Enforcement Personnel:
Subd 1 Enforcement.
A The provisions of this Section may be enforced by any of the following:
(1) The primary law enforcement agency of the community.
(2) The animal control officer as designated by the City.
(3) The animal control facility contracted with by the City.
B For the purpose of discharging the duties imposed by this chapter and to
enforce its provisions, any animal control officer or any police officer is
empowered to enter upon any premise upon which any domestic or non -
domestic animal is kept and to demand the exhibition of such animal by the
owner of such animal and the license and rabies certificate for such animal.
Any police officer may enter the premises where any animal is kept in a
reportedly cruel or inhumane manner and demand to examine such animal
and to take possession of such animal when, in such officer's opinion, the
animal's life is in danger.
Page 3
Subd 2
502.3 Exemptions:
Subd 1
Subd 2
Subd 3
Interference. No person shall interfere with, hinder or molest any animal
control officer or police officer in the performance of any duty, or seek to
release any animal in the custody of the animal control officer or police
officer.
Hospitals, clinics, and other premises operated by licensed veterinarians for
the care and treatment of animals are exempt from the provisions of this
chapter, except where such duties are expressly stated.
The licensing and vaccination requirements of this chapter, except as
otherwise expressly stated, shall not apply to any dog belonging to a
nonresident of the city and kept within the city for not longer than thirty
(30) days, provided all such dogs shall at all times while in the city be kept
within a building, enclosure or vehicle, or be under restraint by the owner.
Dogs confined to a veterinarian clinic, animal hospital or licensed
commercial kennel, or dogs engaged in law enforcement work for the city
need not be licensed.
Subd 4 Section 502.1 relating to dangerous dogs and potentially dangerous dogs
shall not apply to dogs under the control of a law enforcement officer.
Subd 5 Section 502.1 and 502.2 shall not apply to raptures possessed by licensed
falconers holding valid State and Federal Falconry Permits so long as the
conditions of the permit are being satisfied.
502.4 License and Vaccination Requirements:
Subd 1 License and Registration. All dogs within the City of Lino Lakes shall be
licensed except the following:
A Dogs less than six (6) months of age;
B Dogs which are brought into the City for appearances in an animal show of
trial;
C Dogs being used by law enforcement officers.
Page 4
Subd 2
Vaccination Required. It shall be unlawful for any dog owner to keep or
maintain any dog older than six (6) months of age, unless it has been
vaccinated within the prior twenty -four months with an anti- rabies vaccine by
a licensed veterinarian. No license shall be issued except upon compliance
with this Section.
Subd 3 Licensing/Vaccination Procedures.
A Application. Except as herein provided, within thirty (30) days of acquiring
possession of a dog which has not been licensed by the City, or within thirty
(30) days of moving to the City with a dog which has not previously been
licensed by the City, the owner of the dog shall make application for a dog
license. The application shall be on forms provided by the City. The
applicant shall also provide proof of vaccination and spay or neuter to the
City prior to the issuance of a license or renewal of a license.
B License Fee. The license fee for each dog must be submitted with the license
application. The fee will be as set forth as follows:
(1) Dog male or female, not neutered or spayed $10.00
(2) Dog male or female, neutered or spayed $ 5.00
C Duration of License. All licenses are valid for the same length of time as
the rabies vaccination and must be renewed within 30 days after the
vaccination or a $5.00 penalty will be applied.
D Receipt and Tags. Upon completion of the application form, receipt of the
license fee(s), and receipt of proof of vaccination and spay or neuter, if
applicable, the City shall cause a license fee receipt to be issued to the
applicant, along with a metallic tag. The applicant shall cause the tag to be
affixed permanently by metal fastening device to the collar of the licensed
dog in such a manner that the tag is easily observed. If a tag is lost, a
duplicate may be issued by the City upon presentation of a receipt showing
payment of the initial license fee and upon payment of an additional fee for
each duplicate tag in the amount of $1.00.
E Change of Address. An applicant who has obtained a dog license shall notil
the City of applicant's address change within corporate limits of the City
within thirty (30) days of any address change.
F Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or
attach any counterfeit tag to any dog in the City.
G Transfer of Tags. No person shall transfer a dog tag from one dog to
another.
Page 5
H Change of Ownership. If there is a change in ownership of the dog during
the year, the new owner may have a current license changed to their name
upon payment of an ownership transfer fee, or may secure a new license.
The ownership transfer fee shall be $1.00
502.5 Dog Kennels:
Subd 1 Requirements.
A Health, Safety and Welfare. No dog kennel license, commercial or private
shall be issued or renewed if the council finds that maintenance of the
kennel at the subject location would be injurious to the public health, safety
or welfare.
B Land Requirements. Five acres of land or more is required for private dog
kennels in any zoning district. Private kennels shall be limited to four (4)
dogs upon issuance of a Conditional Use Permit.
C Notification. Notification of public hearing for a conditional use permit to
operate a dog kennel must be sent to all property owners within 1,000 feet
of a proposed dog kennel.
Subd 2 Conditions.
A Sanitation. Every dog kennel shall be operated in a clean, healthful, sanitar
safe condition and humane manner so as not to create a public nuisance,
and failure to do so shall constitute grounds for a revocation of the license
of such kennel.
B Inspection. All dog kennels are subject to annual review and inspection and
shall be open to complete inspection by any properly designated officer or
employee of the city, at any reasonable time
C Running at Large. No dog kept in a kennel shall be allowed to run at large
at any time, either on the streets, or other public grounds or on private
property of others within the city.
D Noise. No person maintaining a dog kennel shall permit the dogs kept ther
to bark, bay, cry, yelp, howl or causes noise, disturbance or annoyance to
persons residing in the vicinity thereof, sufficient to constitute a public
nuisance.
Page 6
Subd 3 Nuisance.
A Any dog kennel kept in violation of any provision of this code shall be
deemed a public nuisance and may be abated as such. This shall be in
addition to all other remedies provided for violation of this chapter.
Subd 4 Grandfather Clause.
A All dog kennels which are validly located within the city prior to the
adoption of this ordinance may continue to exist as to size and present
location, provided the dog kennel does not violate any provisions of the code
in force on the date this ordinance is passed and adopted.
Subd 5 Dog Kennels -- License; required, fee, term; penalty.
A It shall be unlawful for any person to own or operate any kennel,
commercial or private, unless a licensed conditional use permit as per the
city zoning ordinance is secured therefore. All kennels are subject to annual
review and inspection. The annual license fee for a Commercial Kennel shall
be one hundred dollars ($100.00). The annual license fee for a Private
Kennel shall be twenty dollars ($20.00). In addition, all dogs kept in Private
Kennels shall be licensed under the requirements of Section 502.4 of this
ordinance. All kennel licenses expire on April thirtieth next following
issuance of the license, except that such license may be renewed prior to
June first without penalty.
B Any person in violation of any of the provisions in this chapter shall be
guilty of a misdemeanor. Each day on which such violation continues shall
constitute a separate offense.
C Application The Kennel application shall contain the following:
(1) Whether the license is for commercial or private purposes.
(2) The location of the premises of the kennel along with the home and
work telephone numbers of the licensee and one other person who
could be contacted in the absence of the licensee.
(3)
The maximum number of adult dogs to be kept on the premises. Th
term "Adult ", as used herein, shall include any dog over six months c
age.
Page 7
(4) A site plan showing the location, size, and type of all structures for
housing, fencing, and runs for dogs. Separate housing and runs for
dogs shall be a minimum of 50 feet from any neighboring habitable
dwelling and 100 feet from any property line, or located in the middle
of the parcel, which ever is greater. If the dogs are to be kept
primarily within a building, the applicant shall so state.
(5) Whether the applicant anticipates breeding the animals and, if so,
how often and the expected size of the litters.
(6) The method to be used to keep premises in a sanitary state.
(7) The method to be used to keep the animals quiet.
(8) An agreement by the applicant that the premises may be inspected by
the City at all reasonable times.
D Issuance and Conditions. The City Clerk shall refer the application to the
Council. The Council or Planning and Zoning Board shall conduct a public
hearing. The issuance of a license shall be within the discretion of the
Council. In making such determination, the Council shall take into
consideration the following: adequacy of housing and runs for the animals;
the methods to be used for sanitation and to maintain quiet; the quantity
and height of the fencing; and , with particularity, any violations during the
previous license period, if applicable. The Council may impose such
conditions as it shall deem necessary and appropriate to carry out the intent
of this Chapter.
E Revocation. If a licensee fails to comply with the statements made in the
application or with any reasonable conditions imposed by the Council, or
violates any other provision of this Chapter, the licensee shall be notified b]
mail and given ten (10) days to remedy any defects or defaults. If such
condition be not remedied in said ten (10) days, the Council may revoke th
license.
F Three or more violations of any provision of this code, in one calendar yea:
constitutes reason for revocation of the Conditional Use Permit.
G Unlawful Acts. It shall be unlawful for any licensee to do or permit any of
the following:
Page 8
(1) Allow any of the dogs to run at large on any street or public property
or any private property not owned by the licensee or under the
licensees's control.
(2) Allow the premises to be kept in an unsanitary or unhealthful
condition.
(3) Burn offal or waste.
(4) Allow the dogs to bark, yelp, or fight so as to disturb the
neighborhood either night or day.
(5) Allow any of the dogs to bite anyone lawfully on or off the premises.
(6) Maintain any dogs in such manner as to create a nuisance by way of
noise, odor, or otherwise.
(7) Sell or cause to be sold any dog(s) without first providing the
purchaser with written certification as to the origin of the animal.
(8) Private kennels shall be limited to one litter in a 12 month period.
(9) All dogs shall always be treated in a humane manner as set forth in
Minnesota Statute Chapter 343 and 346.
H Tags. In the case of Private Kennels, licensees shall affix an identification
tag to all dogs owned by or under the control of the licensee. Such
identification tags shall meet the requirements set forth in this ordinance.
Rabies Vaccination A licensee shall cause every dog in a kennel to be
vaccinated by a licensed veterinary surgeon with anti- rabies vaccine. Puppies
shall be so vaccinated at or before the age of sixteen weeks and again at the
age of one year. Adult dogs shall be so vaccinated at least once in every 24
month period or as often as needed under the type of vaccine used to
ensure immunity
502.6 Regulations:
Subd 1 All dogs shall be kept under restraint by their owners at all times
Subd 2
The owner of any dog in heat shall cause such dog to be confined in such a
manner so as not to come in contact with any other dog during such time a:
the dog is in heat, except for intentional breeding purposes.
Page 9
Subd 3
The owner of any dog shall prevent the dog from committing in the City any
act which constitutes a nuisance. Acts which constitute a nuisance include,
but are not limited to, the following:
A To bark, bay, howl or make any other loud noise;
(1) Habitually or frequently between the hours of 8:00 p.m. and 8:00
a.m.;
(2) Consistently for a period of five minutes or longer between the hours
of 8:00 p.m. and 8:00 a.m.; or
(3) Consistently for a period of ten minutes or longer between the hours
of 8:00 a.m. and 8:00 p.m.
B To be present on school grounds.
C To chase vehicles or to molest or unreasonably annoy any person while awa■
from the property of its owner.
D A dog shall not be deemed a barking dog if, at the time the dog is barking
or making any other noise, a person is trespassing or threatening to trespass
upon the private property upon which the dog is situated or when the dog is
teased or provoked.
Subd 2 Feces Disposal:
A The owner of any dog shall be responsible for the sanitary disposal of all
feces material deposited by such dog in the following manner
(1) During the period of November 1st through April 30th, all feces
material shall be removed from the owner's premises and /or stored i
a sanitary manner within seventy -two (72) hours.
(2) During the period of May 1st through October 31st, all feces materi;
shall be removed from the owner's property and /or stored in a
sanitary manner within forty -eight (48) hours.
(3) Objectionable feces odor and /or flies detectable at the adjoining
property line shall be deemed a violation of this Section.
Page 10
B The owner of any dog shall not permit such dog to be on park property, City
trails, public property or the property of another without having in the
owner's immediate possession a device for the immediate removal of feces
material deposited by the dog as well as a container for the transport of such
material to an appropriate disposal receptacle.
C The provisions of this Section shall not apply to the ownership or use of
seeing -eye dogs by blind persons; ownership or use of companion dogs by
quadriplegic, paraplegics or other individuals with severe disabilities who are
unable to clean up after the companion dog; dogs when used in police
activities; or tracking dogs.
Subd 5 Humane Treatment of Animals:
A The owner of any animal within the City shall provide such animal with
sufficient wholesome food and water on a daily basis, proper and sufficient
shelter from the weather, and veterinary care when needed to prevent
suffering of any sick or injured animal.
B No person shall beat, torment, tease, or otherwise abuse an animal, or
permit an animal fight.
C Guard Dog Warning Signs. A person maintaining a dog for security
purposes within the City shall post a sign at all entrances to the property.
Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a
minimum of 2" in height, and a brush stroke of 1/2" minimum, with the
following words affixed to such sign, "DANGER - GUARD DOG ".
502.7 Impounding and Confinement:
Subd 1
Abandoned Animals. Upon written notice of the Chief of Police or
designated agent, that private property is attracting or providing shelter to
animals that are not owned or cared for by any known person, the owner of
such property shall be responsible for removing such animals in a humane
manner within thirty (30) days of such written notice.
Subd 2 Impounding and Confinement.
A Any dog found running at large may be seized by an animal control officer
or police officer, and impounded at a designated animal shelter, and there
confined in a humane manner for a minimum period of the greater of seve:
(7) days or five (5) business days (the Impoundment Period), unless claime,
by the owner.
Page 11
Animal control officers are not authorized to enter private dwellings for the
purpose of seizing animals
C Before seizing an animal from the private property of its owner, the animal
control officer or police officer shall make a reasonable attempt, taking into
consideration the time of day and nature of the violation, to notify the
owner that the animal is being seized because it was observed by the animal
control officer or police officer to be in violation of the provisions of this
chapter.
D When an animal is seized from the private property of its owner and the
animal control officer or police officer has been unable to notify the owner
of the reason for seizing the animal, a written notice shall be affixed to the
dwelling unit, in a conspicuous manner, indicating the day and time the
animal was seized; the reason for seizing the animal; and the address and
the phone number of the shelter where the animal can be found.
E Immediately upon impounding animals, reasonable efforts shall be made to
notify the owner and inform the owner of the animal's confinement and the
procedures for release of the animal to owner.
F Disposition of unclaimed animals. An animal which is not redeemed by the
owner within the Impoundment Period may be disposed of in any manner
provided by law. Any animal that is not claimed by the owner or sold within
the prescribed time may be euthanized and disposed of in a humane manne
by the appropriate animal shelter facility. Upon notice from the appropriate
animal shelter facility that an animal is sick and /or injured, the Chief of
Police or designated officer is authorized to permit euthanization at any tin
within the Impoundment Period in an effort to end the suffering of such
animal
G Owner title of any animal may be transferred to the animal shelter facility
upon expiration of the Impoundment Period and if the animal has not beer
claimed by the owner in the manner required by this Section.
H Impoundment Fees. Any animal impounded under this Section may be
reclaimed by its owner within the Impoundment Period. Before the owner
shall be permitted to retake possession of the animal, the owner shall make
payment to the animal shelter of all required fees and costs of such
impoundment.
Page 12
502.8 Rabies Control.
Subd 1
Subd 2
Bites. An owner or custodian of a dog which does not have an appropriate
antirabies vaccination and which bites or otherwise exposes a person to
rabies virus may be penalized under Minnesota State Statute 346.53.
It shall be the duty of every physician to report to the Police Department
the names and addresses of any person treated for bites inflicted by an
animal, together with any other information deemed helpful in the control of
rabies.
Subd 3 It shall be the duty of the owner of any animal to immediately, but in all
cases no later than twenty -four (24) hours, report to the Police Department
all bites inflicted by the owner's animal to any person. The owner of any
such animal shall also be required to provide to the police written proof of
vaccination and pertinent insurance information when warranted or
requested by the police.
Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of
any animal observed by the veterinarian to be suspected of having rabies.
Subd 5 The police are hereby authorized to take into possession any animal
suspected of having rabies following a bite inflicted to any person, and to
have the animal destroyed in a humane manner for the purpose of
determining whether the animal is in fact, a rabies carrier. The City and /or
its agents shall not be held liable for the destruction of such animal when
the animal has inflicted injury upon any person and the City and /or its
agents act in good faith to protect the public.
Subd 6 Whenever an animal has bitten a person and is not destroyed pursuant to
Section 502.8 subd 5 , or whenever a suspected or known rabid animal is
picked up by an animal control officer or police officer, such animal may be
confined for a minimum period of ten (10) days as follows:
A Upon proof of current rabies vaccination, the animal control officer or
police officer may authorize the confinement of the animal at the owner's
place of residence, provided that the animal shall not be permitted to come
in contact with other animals or persons, and provided further that the
animal be muzzled and on a leash not exceeding six (6) feet when removed
from the place of confinement.
Page 13
B If no proof of current vaccination is provided, or if the animal control officer
or police officer do not consent to confinement at the owner's place of
residence, the animal shall be confined at the animal control facility for the
entire ten (10) day period at the owner's expense.
C An animal under confinement may not be removed from such confinement
prior to the expiration of the 10 -day period without written permission of
the Chief of Police or designee.
D The owner of any animal confined at the owner's residence shall, at all
reasonable times, permit the inspection of such animal during the
confinement period upon oral request of an animal control officer or a
police officer. The owner shall further be responsible for immediately
reporting any change in the animal's health or behavior to the appropriate
animal control officer or police officer during the confinement period.
E A quarantined animal shall be confined to an enclosure in such a manner sc
as to prevent the animal from escaping. All openings to the enclosure shall
be locked with a secure locking device. The animal shall not be removed
from the enclosure unless muzzled and on a leash not exceeding six (6) feet
in length, and under the control of a competent person.
F Any animal control officer or police officer may enter upon the private
property of another for the purposes of removing such quarantined animal
to an animal shelter when it has been determined that such quarantined
animal is not being maintained by the owner in a manner consistent with th
provisions of this Section.
502.9 Dangerous and Potentially Dangerous Dogs.
Subd 1
Subd 2
The Minnesota State Statute 347.50 is hereby adopted in cases of Dangerot
and Potentially Dangerous Dogs.
No person shall bring into the City any animal which has previously been
declared by another jurisdiction to be dangerous or potentially dangerous.
The City shall seize and destroy, at the owner's expense, any animal brougl
into the City in violation of this provision.
502.10 Wild Animals.
Subd 1 No person shall keep, maintain, harbor or sell any wild animal within the
corporate limits of the City, except as provided in this subsection:
Page 14
A The owner or proposed owner of any wild animal shall, prior to bringing the
wild animal into the City, make application to the City for a wild animal
permit on an application form provided by the City. Such application shall
be submitted to the City Clerk, together with the following required fees
and /or documentation:
(1)
That the applicant possesses all necessary state and federal wild
animal permits, and that all such permits shall be maintained by the
owner in valid form during the time that such wild animal is
possessed by the owner. Expired state and /or federal permits shall
cause the City's wild animal permit to be considered null and void.
(2) A written statement shall be submitted with the application by a
licensed veterinarian that such wild animal has been vaccinated in an
appropriate manner, consistent with accepted veterinary practices,
where applicable.
(3)
A copy of a valid insurance policy providing liability coverage for any
harm caused by the wild animal with limits of not less than $100,000
per person and $300,000 per occurrence and naming the City as an
additional insured. The certificate shall provide that it may not be
canceled except upon ten days written notice to the City. The
certificate and all renewals thereof shall be delivered to the City. The
City Administrator may waive the insurance requirement upon a
determination that the wild animal does not pose a substantial risk.
(4) A written statement by the owner that such wild animal will be
maintained in a locked enclosure and removed only by a competent
person for purposes of sanitation. The removal of such wild animal
shall be conducted while the animal is muzzled and on a chain or
leash not exceeding six (6) feet in length, under sedation, or under
the complete physical control of the attendant.
(5)
A written statement by the owner that such enclosure shall be posted
with plainly visible warning signs on all sides of the enclosure with
letters of contrasting color. The sign shall measure a minimum of 6"
12 ", and have letter of 1/2" stroke and a minimum of 2" height, with
the following inscription: "DANGER - WILD ANIMAL ".
(6) A fee as set at $35.00.
Page 15
Subd 2 The City may deny or attach conditions to the permit based upon the type
of animal, the character of the owner's residence and neighborhood, and any
other appropriate factors. If the permit is granted, the owner may bring the
animal into the City, subject to any requirements of this Section and any
permit conditions. The permit need not be reviewed, but shall be subject to
review at any time by the City.
Subd 3 The Chief of Police or designated agent is hereby authorized to immediately
impound any wild animal not in compliance with this Section. The
impoundment shall be in accordance with Section 502.7.
502.11 Summary Destruction.
Subd 1
Whenever an animal control officer or police officer determines that any
animal presents an immediate threat to the safety of any member of the
public, after making a reasonable attempt to impound such animal, the
officer is hereby authorized to destroy such animal in the interest of public
safety.
502.12 Penalty for Violations of this Chapter.
Subd 1
Section 2.
Any violation of this Section is a misdemeanor. Each day on which a
violation continues shall constitute a separate violation.
Effective Date. This ordinance shall be in full force and effect from and after 30
days following its passage and publication, in accordance with Section 3.09 of the
City Charter.
Passed by the City Council of the City of Lino Lakes this 8th day. »f July, 1996.
Al 1'EST:
L. Landers, Mayor
7�
Marilyn G. Anderson, Clerk- Treasurer
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
Page 16
503. Farm Animals
503.01 Intent. It is the intent of this chapter to define guidelines for keeping farm
animals on parcels of land within the city less than 10 acres in size; to facilitate distribution
of animals within this city in such a manner as to prevent coincident and concurrent high -
density populations of both residents and animals within the same geographical area by
permitting animals to be kept on smaller parcels of land located in appropriately zoned
areas; to minimize the risk of nuisances by limiting the total number of animals per acre and
providing animal- specific nuisance guidelines; and to facilitate the enforcement of these
regulations by providing for registration of parcels smaller than 10 acres on which the
keeping of animals will be permitted.
503.02 Definitions.
Subdivision 1. Animals. "Animals" means horses, mules, donkeys, cattle,
sheep, swine, rabbits, skunks, foxes, raccoons, mink, and other similar animal beings which
are endowed with the power of voluntary motion.
Subd. 2. Fowl. "Fowl" means all birds of any kind including poultry,
turkeys, chickens, ducks, geese, pigeons, gallinaceous birds, and other similar birds.
means either:
Subd. 3. Parcel of Land. "Parcel of land" or "parcel"
(1) A piece of contiguous real property under one title; or
(2)A piece of contiguous real property under more than one title, provided the total
area is at least 5 acres and no more than one residence or dwelling
is constructed on the property.
Subd. 4. Animal Unit. "Animal unit" means a unit of measure to compare
differences in the production of animal wastes, which has as a standard the amount of waste
produced on a regular basis by a slaughter steer or heifer. For purposes of this chapter, the
following equivalents apply:
Species or Type
of Animal
Animal Units per
Single Animal
Slaughter Steer or Heifer 1.00
Horse 1.00
Pony 0.40
Mature Dairy Cow 1.40
Sheep 0.10
Goat 0.10
Turkey 0.018
Chicken 0.01
Species or Type
of Animal
Animal Units per
Single Animal
Duck 0.01
Rabbit 0.05
Goose 0.02
Other Animals As determined by
the Commission
Subd. 5. At Large. An animal shall be deemed to be at large if it is not on
the premises of or under direct control of its owner.
Subd. 6. Commission. "Commission" means the Lino Lakes Commission
for Non - Household Animal Control; created pursuant to 216.
503.03 Animals.
Subdivision 1. Minimum Acreage. Except as provided by 503.04, no
person shall keep or harbor animals, fowl, or bees in the city or permit the same to be done
upon premises owned, occupied, or controlled by him, except upon a parcel of land
containing 10 acres or more.
Subd. 2. Exception. The provisions of Subdivision 1 shall not apply to cats,
dogs, fowl, or other similar animals such as skunks, rabbits, raccoons, canaries, chickens,
ducks and pigeons when kept as household pets.
503.04 Animals, Small Lots.
Subdivision 1. When Permitted. Animals except swine, may be kept on
parcels of land containing less than ten acres but containing a minimum of 2.5 acres in areas
zoned "R" or "R -X ", and a minimum of five acres in areas zoned "S -R" or "S -RX ".
Subd. 2. Registration Required. All parcels upon which animals are kept as
permitted by Subdivision 1 shall be registered as provided by 503.05, unless the animal unit
density is less than 0.2 per acre.
Subd. 3. Maximum Density. The maximum animal unit density for parcels
subject to 503.04 shall be 0.5 units per acre.
503.05 Registration.
Subdivision 1. Information Required. Persons desiring to register land as
required by 503.04 shall submit the following information to the clerk - treasurer:
(1) Name and address of applicant;
(2) A certified copy of title or deed to the parcel, or the previous year's
tax statement for the parcel, or an original or certified copy of a
purchase agreement for the parcel, or a lease agreement for the
parcel; provided that any of the above must state the approximate
parcel acreage or parcel dimensions such that the parcel acreage
and location may be readily determined;
(3)
A statement of animals to be kept on the parcel, including species,
maximum number of each species, age, sex, color, markings,
identifying brand or tattoo, or photographs of larger animals;
(4)Plans concerning housing, fencing, and waste disposal or removal, including a
sketch of proposed fence lines, barns, and other structures relative
to property lines and existing structures on all adjacent property.
Subd. 2. Inspection. The parcel and any proposed buildings shall be
inspected by the city building inspector or his designated representative. Inspection shall be
directed specifically toward:
(1) Proximity of proposed animal housing areas to residences,
dwellings and wells;
(2) Adjacent wetlands and waterways;
(3)
Potential drainage into adjacent wetlands and waterways.
Notice of approval shall be forwarded directly to the clerk - treasurer by the
building inspector within two weeks after the completed application is received. Re-
inspection may be requested by the applicant after completion of all necessary corrections
outlined by the building inspector.
Subd. 3. Recording. After receipt of the building inspector's approval, the
clerk - treasurer will register the hobby farm operator for the number and species of animals
requested. The total number of animal units shall not exceed one per acre of the parcel, as
the title, deed, tax statement, purchase agreement, or lease agreement for the parcel.
Subd. 4. Fees. A one -time hobby farm operator registration origination fee
of $5.00 per animal unit or fraction thereof shall be paid to the clerk - treasurer.
Subd. 5. Renewal. Each registration shall be renewed annually by remitting
an annual fee of $1.00 per animal unit, together with a current list of species and number of
animals housed on the parcel, to the clerk - treasurer.
503.06 Bees. Bees may be kept on parcels registered pursuant to 503.04 and
503.05. Bees shall be kept in accordance with the state apiary law and other statutes and
regulations governing the keeping of bees. Where appropriate, fencing around hives or
colonies may be required to minimize attractive nuisance.
503.07 Animal Wastes.
Subdivision 1. Sanitation. Structures in which animals are housed and land
containing animals shall be maintained in a clean and sanitary manner, free of excessive
accumulation of animal wastes, and shall not provide an attractive breeding site for flies or
cause excessive emission of animal waste odors.
Subd. 2. Disposal. Animal wastes shall be disposed of by removal from the
premises or by tilling into the soil at regular intervals. The length of intervals and method of
disposal shall be determined by the Commission, based on the density of the animal
population and availability of open land within the parcel for tillage.
503.08 Prohibitions.
Subdivision 1. Nuisance. No person shall sniffer or allow any animal or
fowl to disturb the peace and quiet of the city or to otherwise become a public nuisance so as
to annoy, injure, or endanger the health, safety, comfort, or repore of the public, or to in any
way render the inhabitants of the city or a consider -able number thereof, insecure in life or
in use of property.
Subd. 2. Trespassing. M.S. 609.605, Subd. 5, prohibiting trespassing while
astride, driving, or leading an animal, is hereby adopted by reference.
Subd. 3. Running At Large. M.S. 609.605, Subd. 3, is hereby adopted by
reference. No person shall permit any animal owned by him to run at large.
Subd. 4. Diseased Animals. Animals with contagious disease of any kind
shall be securely confined on the premises of their owner or harborer and shall not be
permitted to approach within 50 feet of any public roadway or any place where animals
belonging to or harbored by another person are confined or kept.
503.09 Enforcement.
Subdivision 1. Procedure. Complaints of violations of this chapter may be
filed with the police department. The police department may forward complaints to the
Commission.
Subd. 2. Penalties. In addition to any other penalties provided for violation
of this chapter, the council may revoke the registration of any hobby farm operator who is
convicted of violating any provision of 503.
503.10 Existing Farms. Hobby farms that were in operation prior to May 26, 1981,
shall be exempt from the provisions of 503.01 through 503.06; provided that exemption
shall be contingent upon compliance with all of the following provisions:
(1) The operation of the hobby farm as a hobby farm has been and will
remain continuous since its origination.
(2) Any interruption in operation as a hobby farm shall not exceed
twelve calendar months.
(3)The acreage designated as the original hobby farm shall remain intact and shall
not be reduced by any cause, including sale of inclusive real
property or expiration of lease to the property.
(4)The hobby farm operation shall not be intensified in terms of either numbers of
animals or additional species of animals.
(5)The non - conforming parcel shall be registered as pursuant to 503 no later than
May 26, 1982.
506. Non - Domesticated Animals
506.01 Definitions.
Subdivision 1. Non - Domesticated Animal. "Non -
domesticated animal means any animal, reptile or fowl, which is not
naturally tame or gentle but normally is wild in nature or
disposition and which, because of its size, vicious nature or other
characteristics would constitute a danger to human life or
property.
506.02 Animals Prohibited. No persons shall keep,
maintain or harbor within the City of Lino lakes any of the
following animals:
(1) Any animal or species prohibited by Minnesota or Federal
law.
(2) Any non - domesticated animal or species, including but not
limited to the following:
(A) Any skunk, whether captured in the wild,
domestically raised, de- scented or not de- scented,
vaccinated against rabies or not vaccinated against
rabies;
(B) Any large cat of the family Felidae such as lions,
tigers, jaguars, leopards, cougars and ocelots,
except commonly accepted domesticated house cats;
(C) Any member of the family Canidae, such as wolves,
foxes, coyotes, dingoes and jackals, except
domesticated dogs;
(D) Any poisonous viper;
(E) Any other animal which is not listed explicitly
above, but which can be reasonably defined by the terms in 506.02
of this ordinance, including but not limited to, bears and badgers.
506.03. Selling Prohibited. No person shall offer for
sale, within the City limits, any animal prohibited in 506.02 of
this ordinance.
506.04. Exceptions.
1. Any person desiring to keep animals prohibited under
506.02 of this ordinance shall obtain a temporary permit
from the City. Such a permit may be issued for a period
not to exceed 30 days and shall specify further
conditions under which such animals shall be kept.
Provided, however, that no such permit may be issued
110
unless such prohibited animal is brought into the City
for entertainment, exhibition, show or promotional
purposes only. A public zoo or other institution engaged
in a permanent display of animals may be issued a special
use permit provided applicable zoning requirements are
met.
2. Non - poisonous snakes, birds kept indoors, hamsters, mice,
rabbits, gerbils, white rats, guinea pigs, chinchillas,
or lizards, and similar small animals capable of being
maintained continuously in cages are also exempt and do
not require a permit.
3. Persons keeping animals for a public zoo as volunteers,
docents or otherwise, any bona fide research institution
or veterinary hospital are exempt from the permit
requirement; provided protective devices adequate to
prevent such animals from escaping or injuring the public
are provided.
4. Handicapped persons keeping monkeys trained as household
helpers are exempt from the permit requirements.
506.05. Impounding of Non - Domesticated Animals. Any non -
domesticated animal kept in violation of this ordinance may be
impounded by the City, and, after being so impounded for ten (10)
days or more without being reclaimed by the owner, may be
destroyed, sold, or otherwise disposed of. Any person reclaiming
any such impounded animal shall pay the costs of impounding and
keeping the same.
506.06. Existing Non - Domesticated Animals. Any non -
domesticated animal which is being kept or maintained at the time
this ordinance is adopted may be impounded if the keeping or
maintaining of said non - domesticated animal is determined by the
City Council to be a threat to the public health, safety and
general welfare. The person or persons keeping or maintaining any
non - domesticated animal that has been determined by the City
Council to be a threat to the health, safety and general welfare
shall have ten (10) days in which to comply with the provisions of
this ordinance. Extensions beyond ten (10) days may be granted for
just cause by the City Council.
506.07. Penalty. Any person, firm, corporation, or
voluntary association which violates any provision of this
ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished as defined by State law.
506.08. Effective Date. This emergency ordinance shall
take effect and be in force effective May 29, 1990.
(506 Non - domesticated Animal was added to City Code by Ordinance
No. 09 - 90 passed by the Council May 29, 1990.)
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607. Kennels
607.01 Definitions.
Subdivision 1. Doc,. For purposes of 607.01 through 607.06, "dog" shall
include all dogs over the age of six (6) months.
Subd. 2. Private Kennels. The keeping of three or more dogs on the
same premises, whether such dogs are owned by the same person or not, shall
constitute maintenance of a dog kennel. A private kennel shall be limited to a
maximum of four dogs at all times.
Subd. 3. Commercial Kennels. All kennels where the owner(s) boards,
raises, breeds, sells or otherwise cares for a dog(s) for a consideration.
607.02 Licenses.
Subdivision 1. License Required. No person shall maintain a kennel
without having obtained a kennel license.
Subd. 2. Dog License. Dogs kept in a licensed kennel shall not be
required to be individually licensed pursuant to this code.
607.03 Requirements.
Subdivision 1. Private Kennels. Private kennels shall be allowed only in
the "S -R ", "R" and "R -X ", and heavy and light industrial districts after issuance of a
conditional use permit by the city.
Subd. 2. Commercial Kennels. Commercial kennels shall be only
allowed in heavy and light industrial districts after issuance of a conditional use permit
by the city.
Subd. 3. Health, Safety and Welfare. No kennel license shall be issued
or renewed if the council finds that maintenance of the kennel at the subject location
would be injurious to the public health, safety or welfare.
Subd. 4. Land Requirements. Five acres of land required for private
kennels in the "S -R ", "R ", and "R -X" districts.
Subd. 5. Notification. Notification of public hearing for conditional use
permit to operate a kennel must be sent to all property owners within 1,000 feet of a
proposed kennel.
607.04 Conditions.
Subdivision 1. Sanitation. Every dog kennel shall be kept in a sanitary
and healthful condition.
Subd. 2. Inspection. Every dog kennel shall be open to complete
inspection by any properly designated officer or employee of the city, at any
reasonable time.
Subd. 3. Running at Large. No dog kept in a kennel shall be allowed to
run at large at any time, either on the streets, alleys or other public grounds or on
private property of others within the city.
Subd. 4. Noise. No person maintaining a kennel shall permit the dogs
kept there to make noise from any cause whatsoever, sufficient to constitute a public
nuisance.
607.05 Nuisance.
Subdivision 1. Any kennel kept in violation of any provision of this code
shall be deemed a public nuisance and may be abated as such. This shall be in
addition to all other remedies provided for violation of this chapter.
607.06 Grandfather Clause.
Subdivision 1. All kennels which are validly located within the city
prior to the adoption of this ordinance may continue to exist as to size and present
location, provided the kennel does not violate any provisions of the code in force on the
date this ordinance is passed and adopted.
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WS — Item 9
WORK SESSION STAFF REPORT
Work Session Item 9
Date: January 30, 2008
To: City Council
From: Gordon Heitke
Re: Goals, Objectives, Management Action Plan: 2007 -2008 Quarterly
Status Report
Background
Staff provides a quarterly progress report on Council's Goals, Objectives, Management
Action Plan the work session following the end of the calendar quarter. The report was
not provided at the January 7, 2008 work session since the annual council retreat was to
occur during January at which the progress of goals would be reviewed. Since the
Council did not schedule the annual retreat, staff is providing the report at this time.
Attachment
1. Goals, Objectives, Management Action Plan: 2007 -2008 Quarterly Status Report
City of Lino Lakes
Goals, Objectives, Management Action Plan: 2007 -2008
Quarterly Status Report - January, 2008
•
1 Complete Town Center
A. Calendar Year 2007 and 2008
(1) Objective: Complete development of owner and rental housing
component over five -year period
(2) Objective: Complete development of commercial component over
five -year period
a. Key Action Steps:
i• Aggressively market and continue to support developers'
marketing efforts.
b. Lead party: Community Development Staff
Key Contributors: Hartford Development
c. Funding Source: General Fund. Primarily Staff Time
STATUS: Hartford has retained Welsh Companies to Market the Development Housing
slowdown has significantly impacted housing development on the site Hartford is preparing
to submit Senior /Assisted Living Project in February •
2. Plan for and implement needed local regional transportation
improvements
A. Calendar Year 2007
(1) Objective: Pursue funding for local transportation improvements for:
1) 49/J Intersection; 2) Lake Drive /Main Street Intersection; and
3) Northerly bypass (Main St - 35W to 35E)
a. Key Action Steps:
i. Support Anoka County applications for obtaining Federal
Funding
ii. Continue working with Anoka County on planning efforts
b. Lead party: Community Development Staff
Key Contributors: City Council
Anoka County
Springsted Inc.
Finance Department
c. Funding Source: General Fund. Primarily Staff Time
STATUS: Council approved Resolutions of Support in April of 2007 for Anoka County's
STP application for 49/J and Lake /Main intersections Met Council will be releasing award
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determinations in March. A letter of support for the County's federal funding request for the
northly bypass was also submitted in May of 2007. The City continues to participate in the
I -35W /E coalition. In September Anoka County committed to working with the coalition to
prepare a transportation plan for the corridor.
B. Calendar Year 2008
(1) Objective: Prepare an Access Management Plan for Birch Street that
includes provisions for pedestrian and bicycle safety improvements
a. Key Action Steps:
i. Retain professional services to conduct planning study
b. Lead party: Community Development Staff
Key Contributors: Anoka County
Planning and Zoning Board
City Council
Public Works and Public Services
c. Funding Source: General Fund. Primarily Staff Time.
May have a cost share with Anoka County.
STATUS: Staff reviewing access issues as part of Comprehensive Plan Update. Anoka
County has included funding for an access management study in their 2008 budget RFP's
for consultant services are expected to go out in March, 2008 Process will include
evaluation of pedestrian /bicycle crossings.
(2) Incorporate northerly by -pass (Main St. 35W to 35E) into
Comprehensive Plan
a. Key Action Steps:
i. Identify transportation corridor and adopt policy language to
recognize future need
b. Lead party: Community Development Staff
Key Contributors: Anoka County
Comp Plan Advisory Panel
Planning and Zoning Board
City Council
c. Funding Source: General Fund. Included with Comprehensive
Plan Update
STATUS: In Progress SRF the City's Transportation Engineer is currently preparing a
transportation analysis model based on the draft Land Use Plan
3. Review and update the City Charter so that it reflects and facilitates
current and future needs of the City
• A. Calendar Year 2007
2
(1) Obl`ective: Completion of Citizen Charter Task Force Study
(June 25, 2007)
a. Key Action Steps:
1 Citizen Task Force completes research
ii. Task Force prepares written report
iii• Task Force presents report to City Council
b. Lead Party: Citizens Task Force
Key Contributors: General public
Charter Commission
City Council
TKDA
Springsted Inc.
Kennedy and Graven
City Staff
c. Funding sources: General Fund
STATUS: The Citizen Task force completed and submitted their report to the Council on
June 29 The Task Force made its initial presentation to the Council at the July 2 work
session.
(2) Obiective: Accept report of the Citizen Charter Task Force
a. Key Action Steps:
i• City Council takes formal action to accept report
b. Lead Party: City Council
Key Contributors:
c. Funding sources: No funds required
STATUS: The Citizen task Force presented the report and the Council accepted the
report at the July 9 meeting
(3)
Objective: Take appropriate Council action on recommendations
contained in the report
a. Key Action Steps:
i• City Council considers findings /recommendations of report
ii. City Council determines whether to support amendments to the
charter
iii• If Council supports amending the charter, a process is identified
for developing the specific amendment (Alternatives provided in
statutes)
iv. Proposed amendment is drafted
v. City Council acts to place amendment question on ballot
(September 10), if process includes referendum
vi. Public information program is developed and implemented, if
process includes referendum
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vii. Referendum held November 6, if included in process
b. Lead Party: City Council
Key Contributors: Citizens Task Force
Charter Commission
General public
TKDA
Springsted Inc.
Kennedy and Graven
City Staff
c. Funding sources: General Fund
STATUS: The Council approved the first reading of Ord. No. 07 -07, Amending Chapter 8
of the Lino Lakes City Charter, on July 9a The ordinance was delivered to charter
commission members on July 11 The Charter Commission passed a resolution extending
their review period for an additional 90 days on August 23 and delivered the resolution to
the City Clerk on August 30 Due to this extended review period, the amendment question
could not be placed on the ballot for the November 2007 election
B. Calendar Year 2008
(1) Objective: Amend the City Charter in accordance with the election or
by ordinance (if process does not include referendum)
a. Key Action Steps:
b. Lead Party: City Council
Key Contributors: Kennedy and Graven
c. Funding sources: General Fund
STATUS: On November 30, 2007, the Charter Commission delivered a substitute
amendment (as allowed for by statutes) to City Hall, which was officially acknowledged by
action of the Council on December 10, 2007 Staff presented a process and timetable to
allow for the review of the substitute amendment and to accommodate options to place an
amendment on the November, 2008 ballot The first step, a technical review of the
substitute amendment by bond counsel, financial advisor and staff was initiated January 3,
2008 for a report to be presented to Council on February 4, 2008
4. Review and update City's recreation projects and priorities
A. Calendar Year 2007
(1) Objective: Review and update Park Dedication Ordinance
a. Key Action Steps:
i. City staff prepares Park Dedication Analysis report
ii. Park Board reviews and comments on report
iii. City Council considers proposed ordinance for approval
b. Lead Party: Public Services Department
Key Contributors: Park Board
City Council
c. Funding Sources: Existing Personnel Budget
STATUS: Park Board is scheduled to review the needs assessment/cost analysis report
at the February 4th Park Board meeting. Staff is exploring possibility of incorporating open
space and /or recreation complex fee within the proposed park dedication fee, Anticipate
bringing proposed ordinance to City Council within the next few months
(2) Objective: Complete Legacy Trail Project
a. Key Action Steps:
i. Oversee construction of the trail
b. Lead Party: Public Services Department
Key Contributors: TKDA
c. Funding Sources: Special Assessments and
Legacy Park Dedication
STATUS: Completed
(3)
Objective: Redevelop Lino Park
a. Key Action Steps:
i. City Staff /TKDA prepare plans and specifications
ii. City Council accepts plans and specifications, authorizes
advertising for bids
iii. City Council awards bid
iv. City Staff /TKDA oversees implementation of redevelopment plan
b. Lead Party: Public Services Department
Key Contributors: TKDA
City Council
c. Funding Sources: Dedicated Parks Fund
STATUS: Completed
(4) Objective: Analyze potential development of recreation complex
a. Key Action Steps:
i. Develop feasibility study of phasing plan for eventual completion
of improvements
ii. Park Board reviews and comments on feasibility study
iii. City Council accepts feasibility study
b. Lead Party: Public Services Department
Key Contributors: Brauer and Associates, Ltd
TKDA
Park Board
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City Council
c. Funding Sources: $30,000 for preparation of feasibility study.
No dollars included in 2007 budget
STATUS: An updated cost estimate for the Recreation Complex was prepared by Brauer
and Associates, Ltd. In addition, the project was divided into 4 separate phases. An
estimated cost for Phase 1 Development (3 soccer fields and gravel roadway /parking lot)
was prepared. A feasibility study would require further analysis (i.e., topographical survey)
to refine the estimate and eliminate any guesswork. There are no budgeted dollars for
preparation of a feasibility study
B. Calendar Year 2008
(1)
Objective: Consider potential development of recreation complex
a.
Key Action Steps:
i. Develop alternative financing plans necessary to complete
recommended phasing efforts
ii. City Council determines whether to proceed with phasing plan.
If so, City Council identifies preferred financing plan, and sets
timeline for Phase I improvements
iii. City staff analyzes /determines whether any modifications to
master plan are warranted
b. Lead Party:
Key Contributors:
c. Funding Sources:
Public Services Department
Finance Department
Springsted Inc.
City Council
Up to $10,000 for consultant fees to develop
financing options
STATUS: Key Action Steps not pursued until Objective 4 (listed above) completed
5. Diversify, expand, and enhance the City's tax base
A.
Calendar Year 2007
(1) Objective: Analyze where economic development opportunities exist
within the City for expansion of the City's tax base.
a. Key Action Steps:
i. Identify opportunities as part of Comprehensive Plan Update
Process
b. Lead party: Community Development Staff
Key Contributors: Comprehensive Plan Advisory Panel
EDAC
c. Funding Source: General Fund. Primarily Staff Time
6
STATUS: In progress as part of Comp Plan update. Market analysis was prepared for
background information. Appropriate areas will be identified for commercial, industrial and
residential uses.
B. Calendar Year 2008
(1) Objective: Develop Marketing Plan
a. Key Action Steps:
i. Complete market study based on identified available
commercial /industrial land uses
ii. Develop effective marketing materials based on results of the
market potential in Lino Lakes
b. Lead party: Community Development Staff
Key Contributors: EDAC
City Council
c. Funding Source: General Fund. Will need to provide funding
for Marketing Consultant
STATUS: No funding was provided for in the 2008 Budget.
(2) Objective: Align economic development and marketing strategy to the
Comp Plan
a. Key Action Steps:
i. Identify opportunities for expansion of commercial and industrial
tax base (see Objective 1)
ii. Review and update EDAC economic development goals and
strategies to ensure it reflects:
• 2030 Community Vision
• Market study's assessment of city's opportunities and
timeline
b. Lead party: Community Development Staff
Key Contributors: Comprehensive Plan Advisory Panel
EDAC
c. Funding Source: General Fund. Primarily Staff Time
(3)
Objective: Establish the necessary internal organization capability to
promote expansion and marketing of economic development
opportunities
a. Key Action Steps:
i. Define economic development expectations based on results of
market study, existing available land use and existing
development standards
ii. Evaluate staff organization and effectiveness in promoting
economic development opportunities
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Establish public relations campaign that is consistently applied
by city council, staff and city advisory boards to ensure city's
positive economic development message reaches the
development community
b. Lead party: Community Development Staff
Key Contributors: City Council
EDAC
Comprehensive Plan Task Force
c. Funding Source: General Fund. Primarily Staff Time
(4) Objective: Review project approval process (pending Comprehensive
Plan Update and approval schedules)
a. Key Action Steps:
i. Evaluate current approvals process and identify areas for
improvement (pending update of Comp Plan)
b. Lead party: Community Development Staff
Key Contributors: City Council
Comprehensive Plan Advisory Panel
c. Funding Source: General Fund. Primarily Staff Time
6. Establish an appropriate revenue generation and allocation policy
for the City
A. Calendar Year 2007
(1) Objective: Review Stormwater Utility Study
a. Key Action Steps:
i. Review /revise original SWU study
ii. Present draft proposal to City Council
iii. Create public information materials /mailings
iii. Hold public information meetings — public input
iv. Hold public hearing /Approve SWU
v. Implement utility — 2008/2009
b. Lead party:
Key Contributors:
Finance /Community Development Staff
City Council
SEH, Inc.
Public Services
Funding Sources: Stormwater Management Fund /development
related fees
STATUS: Review to be initiated in 2008
8
(2) Objective: Develop action plan based upon results of the review
See # (1) above
(3)
Objective: Obtain citizen input as to how funds are allocated
• Budget information session
• Town Hall meetings
• Other appropriate forums /methods for achieving citizen input
(4) Objective: Review financing policies around infrastructure
implementation
a. Key Action Steps:
i. Review policy with City Council; If determined no change
needed, done
ii. If determined that change is needed, formulate /adopt new
infrastructure financing (special assessment) policy
iii. Acquire /review policies from other cities
iv. Review policy samples and formulate draft policy
v. Present /review draft policy with City Council
vi. Hold public hearing /approve policy
b. Lead party: Finance Staff
Key Contributors: City Council
Community Development
SEH, Inc.
Springsted Inc.
Public Services
c. Funding Sources: General Fund /Area & Unity Fund
STATUS: Ongoing
(5)
Objective: Complete a Utility Rate Study
a. Key Action Steps:
i. Complete Water Emergency and Conservation Plan —
establish rate structure
ii. Obtain Utility Rate Study proposal (Done)
iii. City Council authorizes rate study (June 25)
iv. Complete study and present to City Council
v. City Council accepts study
vi. Hold public hearing /adopt rates
vii. Implement new rates — January, 2008
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b. Lead party:
Key Contributors:
Finance Staff
City Council
SEH, Inc.
Springsted Inc.
Public Services
c. Funding Sources: Water /Sewer Funds - equally
STATUS: Draft of Rate Study completed by Springsted for review by City Council on
October 1. Staff to continue review and develop recommendation in 1st half of 2008
B. Calendar Year 2008
(1) Objective: Implement the policies established during 2007
7 Maintain safe neighborhoods and community areas
A. Calendar Year 2007 and 2008
(1) Objective: Continue to promote the importance of establishing a sense
of security throughout the community and maintaining support for the
Police Department and community involvement of the following groups
• Explorers
• Reserve Officers
• Office Volunteers
• Public Safety Citizen Commission
• Chaplain
• Community Emergency Response Teams
• Neighborhood Watch
• National Night Out
• Business Watch
a. Key Action Steps:
i. Complete assessment of departments' volunteer needs and
recruitment strategies
b. Lead Party: Police Department Staff
Key Contributors: Existing Volunteers
c. Funding Source: State Grant
General Fund
STATUS:
EXPLORERS PROGRAM
• Open house for the Explorer program was Sunday, September 23
• All advisors were in attendance and 14 families attended
• 8 new applicants selected
RESERVE OFFICERS
10
• Began the year with 19 reserve officers
• Lost several due to various reasons (employment, time constraints)
• Returned to current strength of 19 with 3 additional interviews scheduled
CSO's
• Jon Gray was hired as a part-time CSO in April He began his service with
the City as an Explorer,
• Matt Paulson is a new part-time CSO He began his service with the City
as a Police Reserve
NEW OFFICERS AND ENHANCED OPPORTUNITIES
• Officers Matt Vana and Wayne Wegener served as school resource
officers in the elementary and middle schools respectively as of this school
year.
• Officers Terina Peterson and Pete Noll have completed field training and
are now patrolling on their own
• Officers Jackie Foley, Zach Johnson, Chad Schirmers and Dan Thill have
joined the police department and are currently in training
• Officer William Owens is the new DARE Officer for this school year,
• Officer Melinda Brown, Tanya Tamm and Matt Vana left the department in
2007
OFFICE VOUNTEERS
• Added several new volunteers and college interns that have helped with
transcription of tapes, data entry, property and evidence inventory, IT
projects and ride alongs
PUBLIC SAFETY CITIZEN COMMISSION
Added the following to replace original members
• Bob Ficcadenti
• Howard Hill
• Kristen Nelson
• Derek Sadowski
• Jill Santinni
CHAPLAIN PROGRAM
• A new chaplain is currently being added from Eagle Brook Church
COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM
• Received $20,000 grant to start the community emergency response team
(cert) program
11
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• Staff attended a 2 day seminar to assist with program definition and
startup..
• Community members identified and trained this fall to assist with program
development and implementation.
• CERT Board members selected and scheduled to convene January 29,
2008
CONTINUE TO ADD NEW NEIGHBORHOOD WATCH GROUPS
• Added 20 new groups (15 in the Clearwater Creek Development alone)
• Total increase in neighborhood watch groups exceeded 50%
NATIONAL NIGHT OUT
• Officers and staff attended 44 events this year
• A large quantity of school supplies was gathered by this year's NNO
participants (enough to fill 86 backpacks)..
• Received National Award
BUSINESS WATCH Businesses receive Lino Lakes Police Department's Business
Watch quarterly newsletters
VOLUNTEER HOURS Volunteers volunteered an excess of 5500 hours to the
Police department in 2007 which is calculated to be a dollar value exceeding
$103,000
(2) Objective: Adopt a Crime Free Multi- Housing Ordinance
a. Key Action Steps:
i. Draft Ordinance
ii. City Staff /Attorney Review
b. Lead Party:
Key Contributors:
Police Department Staff
City Staff
City Attorney
City Council
c. Funding Source: General Fund
STATUS: Completed. Council adopted August 13, 2007
(3)
Objective: Adopt an 800 Megahertz Public Safety Radio System
Ordinance
a. Key Action Steps:
i. Draft Ordinance
12
ii. City Staff /Attorney Review
iii. Submit for countywide adoption
b. Lead Party: Police Department Staff
Key Contributors: City Staff
City /County Attorney
City Council
County Board
c. Funding Source: General Fund
STATUS: In Progress
(4) Objective: Update Emergency Plan during 2007 and conduct a
functional exercise of the plan in 2008
a. Key Action Steps:
i. Research and update plan
ii. Update related ordinances
iii. Practice Plan
b. Lead Party: Police Department Staff
Key Contributors: Centennial Fire District
Public Services Staff
Community Development Staff
Anoka County Emergency Management
c. Funding Source: State Grant - Homeland Security and
Emergency Management
General Fund
STATUS: Ordinance complete, mutual aid agreements complete, updated plan
anticipated completion November 2007 Tabletop exercise completed with supervisors.
NIMS Training on -going Plan updated and adopted December 2007
(5)
Objective: Review Task Force options pertaining to these areas
• Gang
• Drug
• Violent Offenders
• Cyber Crimes
• Financial Crimes
a. Key Action Steps:
i. Perform statistical analysis and historical review of crime in Lino
Lakes
ii. Project future crime trends
iii. Evaluate applicability of Task Force utilization
a. Lead Party: Police Department Staff
Key Contributors: Public Safety Citizens Commission
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Local, County and State Law Enforcement
Agencies
b. Funding Source: State /Federal Grants
Shared Cost Formulas with Participating
Agencies
General Fund
STATUS: Received a grant for 40,000 to offset the costs of having an officer assigned to
the Metro Gang Strike Force. Officer Tim Noll is currently serving in that position
8. Address projected housing needs for the City of Lino Lakes
A. Calendar Year 2007
(1) Objective: Provide land use areas in the Comp Plan that would allow
densities that make affordable housing possible
a. Key Action Steps:
i. Align Comp Plan land use map with housing goals
b. Lead party: Community Development Staff
Key Contributors: Comprehensive Plan Advisory Panel
c. Funding Source: General Fund. Primarily Staff Time
STATUS: In progress as part of Comp Plan update
B. Calendar Year 2008
(1) Objective: Evaluate incentives that will encourage the private sector to
supply affordable housing products (examples: density bonuses, lot
size flexibility)
a. Key Action Steps:
i. Work with community development to use best management
practices for locating affordable housing product within new
development
ii. Evaluate programs for maintaining current housing stock
b. Lead party: Community Development Staff
Key Contributors: City Council
c. Funding Source: General Fund. Primarily Staff Time
(2) Objective: Integrate life cycle /affordable housing into new residential
neighborhoods
a. Key Action Steps:
14
i. Work with community development to use best management
practices for locating affordable housing product within new
development (See objective 1)
b. Lead party: Community Development Staff
Key Contributors:
c. Funding Source: General Fund. Primarily Staff Time
Objective: Develop ordinances and related policies to keep housing
affordable, safe, and attractive
a. Key Action Steps:
i. See Police Department Goals
b. Lead party: Community Development Staff
Key Contributors:
c. Funding Source: General Fund. Primarily Staff Time
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WS — Item 11
Finance Report
Finance has received an invoice for legal services authorized by the Charter Commission
that exceeds the Commission's 2007 amended budget of $6750.00 by $564.83. The
following is a summary of expenditures to date:
Timesaver's Secretarial
Marty Law Firm
Press Publications
Recognition Plaques
Total paid to date
Marty Law Firm invoice
Total incurred to date
$2,421.60
1,771.66
38.85
22.26
4,254.37
3,060.46
7,314.83
2007 Amended Budget 6,750.00
Amount Exceeding Budget $ 564.83
At this time it is unknown whether further Charter Commission expenses for 2007 exist.
Staff is requesting Council direction on how to handle the budgetary shortfall. This item
has been added to the February 4, 2008 Council Work Session Agenda