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Home My WebLink About01/28/2008 Council Packet• • SUMMARY MINUTES CITY COU NC Monday, January 28, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke OUNCIL WORK SESSION, 5:30 ,Pi Council Workroom (not televised) A) Review of Regular Meeting Agenda Ny, ,,...CITY COUNCIL MEETING. ➢ Open Mike / Public Comment None ➢ Call to Order and Roll Call 6:30 p.m. — Present were Council Members Gallup, O'Donnell, Reinert, Mayor Bergeson. Council Member Stoltz was absent ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved CONSENT AGENDA A) Consideration of Expenditures: i) January 28, 2008, 2008 (Check No. 82102 through 82223) in the amount of $1,101,010.40; ii) Centennial Fire District (Check No. 3081 through 3098) in the amount of $52,197.21 Pg 4 -20 B) Consideration of Resolution No. 08 -14, Adopting guidelines Pg 21 -34 and procedures for the City's data practices C) Consideration of Resolution No. 08 -16, Approving Joint Powers Pg 34a- • Agreement with Circle Pines, North Road Area., Jim Studenski Action Taken: Motion by Gallup, seconded by O'Donnell, to approve the Consent Agenda Items 1A through 1C, was adopted by a unanimous vote. Council Agenda -2- FINANCE DEPARTMENT REPORT, Al Relek A) Consideration of Resolution No. 08 -12, Adopting Five -Year Pg 35 -36 Financial Plan for 2008 -2012, Al Rolek Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 08 -12 as presented was adopted by a voice vote with Council Member Reinert voting nay. NISTRATION DEPARTMENT REPORT, Dan Tesch None BLIC SAFETY DEPARTM the None ARTMENT REPORT, is None C. fIP . NT REPORT, Michael rochala A) i. Consider Second Reading of Ordinance No. 18 -07, Vacating Pg 37 -42 Portions of Two Drainage and Utility Easements, Lot 9, Block 1, Oakwood View Reading and roll call required Action Taken: Reinert moved to dispense with full reading of ordinance, seconded by Gallup. Motion carried unanimously. Action Taken: Motion by Reinert, seconded by O'Donnell, to approve 2°' reading of Ordinance No. 18 -07 as presented was adopted: Motion carried as follows: Yeas 4, Nays none. ii. Consideration of Resolution No. 08 -01, Approving Summary of Ordinance No. 18 -07, Jeff Smyser Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 08 -01 as presented. Motion Carried unanimously. B) i. Consider Second Reading of Ordinance No. 01 -08, Amending Pg 43 -50 the Zoning Ordinance to Establish a Time Limit for Completion of Exterior Improvements to Structures, Jeff Smyser Reading and roll call required Action Taken: O'Donnell moved to dispense with full reading of ordinance, seconded by Gallup. Motion carried unanimously. Action Taken: Motion by O'Donnell, seconded by Reinert, to approve 2nd reading of Ordinance No. 01 -08 as presented was adopted: Yeas 4; Nays none. • Council Agenda -3- ii. Consideration of Resolution No. 08 -03, Approving Summary of Ordinance 01 -08, Jeff Smyser Action Taken: Motion by Reinert, seconded by Gallup to approve Resolution No. 08 -03 as presented. Motion carried unanimously. C) Continued Public Hearing. Consider 1St Reading of Ordinance Pg 51 -54 No. 17 -07, Vacating a portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove, Paul Bengtson Reading and roll call required Action Taken: Opened PH at 6:46p.m.- no testimony — Motion by O'Donnell, seconded by Gallup to close PH at 6:46 p.m. Action Taken: Reinert moved to dispense with full reading of ordinance, seconded by O'Donnell. Motion carried unanimously. Action Taken: Motion by O'Donnell, seconded by Reinert, to approve 1st reading of Ordinance No. 17 -07 as presented was adopted: Yeas 4; Nays none. D) Consideration of Resolution No. 08 -15, Variance to allow an Pg 55 -62 existing detached accessory structure to encroach into the side setback, 2221 Reiling Road, Paul Bengtson Action Taken: Motion by Gallup, seconded by O'Donnell to approve Resolution No. 08 -15 as presented. Motion carried unanimously. E) Consideration of Resolution No. 08 -13, Concurring with the Pg 63 -64 MnDOT proposal to construct noise walls along the north side of 35W between Sunset Rd. & Savannah Ct., Jim Studenski Action Taken: Motion by Reinert, seconded by Gallup to approve Resolution No. 08 -13 as presented. Motion carried unanimously. SSED BUSINESS A) Consider approval of November 5, 2007 work session minutes Pg 65 -72 Council Member Gallup not on council Action Taken: Motion by O'Donnell, seconded by Reinert, to approve minutes as presented was adopted by voice vote; abstain — Gallup; absent Stoltz [ES A) Consider approval of December 17, 2007 Council Work Session Pg 73 Minutes Council Member Gallup not on council Council Agenda -4- Action Taken: Motion by Reinert, seconded by O'Donnell, to approve minutes as presented was adopted by voice vote; abstain — Gallup; absent Stoltz B) Consider approval of December 17, 2007 City Council Meeting Pg 74 -77 Minutes Council Member Gallup not on council Action Taken: Motion by Reinert, seconded by O'Donnell, to approve minutes as presented was adopted by voice vote; abstain — Gallup; absent Stoltz C) Consider approval of January 7, 2008 Council Work Session Pg 78 -85 Minutes Council Member O'Donnell absent Action Taken: Motion by Reinert, seconded by Gallup, to approve minutes as presented was adopted by voice vote; abstain — O'Donnell; absent Stoltz D) Consider approval of January 14, 2008 City Council Meeting Pg 86 -90 Minutes Council Members Reinert & O'Donnell absent Not acted on. Not a majority present to vote on minutes of January 14, 2008 . Adjournment Action Taken: Motion by Reinert, seconded by O'Donnell, to adjourn at 7:06 p.m. Motions carried by unanimous voice vote. There will be an Economic Development Authority (EDA) meeting immediately following adjournment of the regular council meeting Community Calendar - A Look Ahead January 29, 2008 through February 11, 2008 Wednesday, January 30 Monday, February 4 Monday, February 4 Thursday, February 7 4- Monday, February 11 4- Monday, February 11 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Library 7:00 am, Community Room 6:15 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board — meeting cancelled Council Work Session Park Board EDAC Liquor Compliance Hrg Council Meeting • • • • • REVISED CC)IJNC AGENDA Monday, January 28, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke OUNCIL WORK SESSION, 530 P.M. Council Workroom (not televised) A) Review of Regular Meeting Agenda COUNC TANG, 6.30 P..F ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Setting the Agenda: Addition or deletion of agenda items A END A) Consideration of Expenditures: i) January 28, 2008, 2008 (Check No. 82102 through 82223) in the amount of $1,101,010.40; ii) Centennial Fire District (Check No. 3081 through 3098) in the amount of $52,197.21 Pg 4 -20 B) Consideration of Resolution No. 08 -14, Adopting guidelines Pg 21 -34 and procedures for the City's data practices C) Consideration of Resolution No. 08 -16, Approving Joint Powers Pg 34a- Agreement with Circle Pines, North Road Area., Jim Studenski • 2`. FINANCE DEPAFTMENT REPORT, Al Rolek A) Consideration of Resolution No. 08 -12, Adopting Five -Year Pg 35 -36 Financial Plan for 2008 -2012, Al Rolek • Council Agenda 3, -2- ADMINISTRATION DEPARTMENT REPO! None PUBLIC S. F TY DEPART I ENT REPO None UBLIC SERVICES D None ZUNI` "" I' DEVEL PI TMENT RE ft 1/ick DeGardna Mihae. rata Dan, Tesch Pe A) i. Consider Second Reading of Ordinance No. 18 -07, Vacating Pg 37 -42 Portions of Two Drainage and Utility Easements, Lot 9, Block 1, Oakwood View Reading and roll call required ii. Consideration of Resolution No. 08 -01, Approving Summary of Ordinance No. 18 -07, Jeff Smyser B) i. Consider Second Reading of Ordinance No. 01 -08, Amending Pg 43 -50 the Zoning Ordinance to Establish a Time Limit for Completion of Exterior Improvements to Structures, Jeff Smyser Reading and roll call required ii. Consideration of Resolution No. 08 -03, Approving Summary of Ordinance 01 -08, Jeff Smyser C) Continued Public Hearing. Consider 1st Reading of Ordinance Pg 51 -54 No. 17 -07, Vacating a portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove, Paul Bengtson Reading and roll call required D) Consideration of Resolution No. 08 -15, Variance to allow an Pg 55 -62 existing detached accessory structure to encroach into the side setback, 2221 Reiling Road, Paul Bengtson E) Consideration of Resolution No. 08 -13, Concurring with the Pg 63 -64 MnDOT proposal to construct noise walls along the north side of 35W between Sunset Rd. & Savannah Ct., Jim Studenski UNFINI SHED °SLIME A) Consider approval of November 5, 2007 work session minutes Pg 65 -72 Council Member Gallup not on council A) B[ISINESS Consider approval of December 17, 2007 Council Work Session Pg 73 Minutes Council Member Gallup not on council Council Agenda -3- B) Consider approval of December 17, 2007 City Council Meeting Pg 74 -77 Minutes Council Member Gallup not on council C) Consider approval of January 7, 2008 Council Work Session Pg 78 -85 Minutes Council Member O'Donnell absent D) Consider approval of January 14, 2008 City Council Meeting Pg 86 -90 Minutes Council Members Reinert & O'Donnell absent Adjournment There will be an Economic Development Authority (EDA) meeting immediately following adjournment of the regular council meeting Community Calendar - A Look Ahead January 29, 2008 through February 11, 2008 Wednesday, January 30 Monday, February 4 Monday, February 4 Thursday, February 7 Monday, February 11 Monday, February 11 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Library 7:00 am, Community Room 6:15 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board — meeting cancelled Council Work Session Park Board EDAC Liquor Compliance Hrg Council Meeting • EXPENDITURES JANUARY 28, 2008 • • Date: 01/10/2008 Time 14 :58:05 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6853 - 6853 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N • Discount Vendor # Name # of items Net Gross Discount Lost 000032 LEIBEL, KYLE 1 885.61 885.61 .00 .00 D00057 PREMIUM WATERS, INC. 1 19.14 19.14 .00 .00 000371 CONNEXUS ENERGY 1 3,278.56 3,278.56 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 2,611.21 2,611.21 .00 .00 003490 PETTY CASH 1 130.10 130.10 .00 .D0 D03491 PETTY CASE 1 79.82 79.82 .00 .00 003910 SAM'S CLUB, INC. 1 163.39 163.39 .00 .00 004560 U 5 BANK 1 2,341.75 2,341.75 .00 .00 004608 POGALZ, BRIAN 1 150.00 150.00 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .D0 007378 ANDERSON, KAREN 1 701.51 701.51 .00 0 Grand Totals: 11 10,430.99 10,430.99 .00 • Date: 01/11/2008 Time: 09:01:15 City of Lino Lakes FM Entry - Invoice Journal ges: vendor 4: (A) Invoice 4: (A) Entry Journal 4: (R) 6854 - 6854 Trans #: (A) Line 4: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000408 AFSCME COUNCIL 45 1 927.38 327.38 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 793.23 793.23 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 921.50 921.50 .00 .00 D02931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .00 900559 HEALTH PARTNERS 1 45,B48.40 45,848.40 .00 .00 Grand Totals: 5 48,747.54 48,747.54 .00 .00* • Date: 01/18/2008 Time 07:10:07 City of Lino Lakes FM Entry - Invoice Journal Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6669 6B69 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N • Discount # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 1 17.55 17.55 .00 .00 000106 NELSON, ROBERT 1 150.00 150.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 11.68 11.68 .00 .DD 000234 W.B. MILLER, INC. 1 14,265.36 14,265.36 .00 .00 000274 LYNN PEAVEY COMPANY, INC. 2 125.20 125.20 .D0 .00 000294 BLAINE TRUE VALUE HARDWARE 1 1,166.00 1,166.00 .00 .D0 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 209.42 209.42 .00 .00 000364 NORTHERN AIR CORPORATION 1 695.25 695.25 .00 .00 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 272.28 272.28 .00 .00 000370 CENTRAL CDMMUINICATIONS 2 1,678.56 1,678.56 .00 .00 � 00042D ANOKA COUNTY 1 7.00 7.00 .00 000540 AUTO - MEDICS, INC. 1 319.50 319.50 .00 000541 ASPEN MILLS, INC. 3 258.86 258.86 .00 .00 000685 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 36.21 36.21 .00 .00 000724 BLUE TOW SERVICE, INC. 1 239.65 239.65 .00 .00 000743 BOWDICH, JACKIE M. 1 972.00 972.0D .00 .D0 000900 O'REILLY AUTOMOTIVE, INC. 1 601.57 601.57 .00 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 74.84 74.84 .00 .00 001044 CHOICEPOINT SERVICES, INC. 1 128.00 128.00 .D0 .00 D01148 EGAN OIL COMPANY 1 5,117.48 5,117.48 .DD .0D 001260 ACCLAIM BENEFITS 1 190.55 190.55 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 33.53 33.53 .00 .00 • Date: 01/18/2008 Time: 07:10:07 City of Lino Lakes Operator: JAL Page: 2 FM Entry - Invoice Journal Discount • or # Name # of items Net Gross Discount Lost 001270 DALCO, INC. 1 126.11 126.11 .00 .00 001480 HAWKINS INC. 1 2,628.32 2,628.32 .00 .00 001530 FOREST LAKE FORD, INC. 1 335.52 335.52 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 53.28 53.28 .0D .DD 001680 ONE CALL CONCEPTS, INC. 1 126.15 126.15 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 1,755.00 1,755.00 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 3,316.50 3,316.50 .00 .00 002760 MN. DEPT OF HEALTH 1 6,562.00 6,562.00 .00 .00 002836 MINNESOTA STATE TREASURER 1 1,636.09 1,636.09 .00 .00 003443 0.1.1t.x LAKE ANIMAL CARE CENTER, INC. 1 371.98 371.98 .00 .00 003600 PRESS PUBLICATIONS, INC. 3 177.60 177.60 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 3 6,142.86 6,142.86 .00 .00 003882 SHRED -IT, INC. 1 63.00 63.00 .00 .00_ 004099 SRF CONSULTING GROUP, INC. 1 2,736.96 2,736.96 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 240 STREICHER'S, INC. 1 2,603.20 2,803.20 .00 .00 04370 TR COMPUTER SALES, LLC 1 920.00 920.00 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 17.75 17.75 .00 .00 004416 THOMPSON AND ASSOCIATES 1 800.00 800.00 .00 .00 004469 TOUSLEY FORD, INC. 1 64.00 64.00 .D0 .00 004470 COMO LUBE & SUPPLIES, INC. 1 380.15 380.15 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 2 1,029.64 1,029.64 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 124.50 124.50 .00 .00 004760 WALDOCH SPORTS, INC. 1 67.10 67.10 .00 .00 007371 MULTICARE ASSOCIATES OF THE 1 827.00 827.00 .00 .00 007393 ASPEN EXTERIORS, INC. 1 105.00 105.00 .00 .00 007394 DIRECT EXTERIORS 1 105.00 105.00 .00 .00 • Date: 01 /1B /2DDB Time: 07:10:08 City of Lino Lakes Operator: JAL Page: 3 FM Entry - Invoice Journal Discount • 007395 FINGERPRINT EQUIPMENT LABS, INC. 1 49.02 49.02 .00 .00 900491 ROSEVILLE, CITY OF 1 1,744.50 1,744.50 .00 .00 900591 CORPORATE EXPRESS, INC. 2 326.61 326.61 .00 .00 Grand Totals: 62 62,355.33 62,355.33 .D0 .DD. Vendor # Name # of items Net Gross Discount • • Date: 01/18/2008 Time 07:11:07 City of Lino Lakes FM Entry - Invoice Journal *es: Vendor #: (k) Invoice #: (A) Entry Journal #: (R) 6870 - 6870 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Grose Discount Lost 000017 MINNESOTA CHIEFS OF POLICE 1 165.00 165.00 .00 .00 000030 ZIEGLER, INC. 1 434.30 434.30 .00 .00 000093 ACE SOLID WASTE, INC. 1 499.33 499.33 .DD .00 000107 R & D BAli'EIZIES, INC. 1 83.77 83.77 .DD .00 000250 AMERICAN PLANNING ASSOCIATION 2 640.00 640.00 .00 .00 000260 AMERICAN PRESSURE, INC. 1 260.00 260.00 .D0 .00 000300 AMERICAN WATER WORKS ASSOCIATION 1 296.00 296.00 .D0 .00 000303 INSTRUMENTAL RESEARCH, INC. 2 202.50 202.50 .00 .00 000375 SYCOM, INC. 1 8,820.00 8,820.00 .00 .00 000464 POMP'S TIRE SERVICE, INC. 1 75.00 75.00 .D0 .00 •189 TDS METROCOM 1 994.82 994.82 .00 .00 000490 ASLESON, MARTY 1 23.38 23.38 .00 .00 000492 KRISS DESIGN COMPANY, LLC 1 883.95 883.95 .00 .00 000541 ASPEN MILLS, INC. 2 1,972.77 1,972.77 .00 .00 D00685 BILL'S GUN SHOP /RANGE -BJAM, INC. 3 307.BD 307.80 .00 .00 000830 BREHM GROUP (LMCIT) 1 446.25 446.25 .00 .00 000860 BROADWAY AWARDS, INC. 1 29.39 29.39 .00 .00 000875 AVENET, LLC 1 924.00 924.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 240.65 240.65 .00 .00 000989 MCPA (MN CRIME PREVENTION ASSOC) 1 45.00 45.00 .00 .00 000997 ASPEN EQUIPMENT COMPANY, INC. 2 137.77 137.77 .00 .00 00104'0" CENTENNIAL FIRE DISTRICT 1 139,169.25 139,189.25 .00 .00 • Date: 01/18/2D08 Time 07:11:07 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount D01071 MACTECH AMMUNITION, INC. 1 1,756.00 1,756.00 .00 .00 001148 EGAN OIL COMPANY 1 8,402.80 8,402.80 .00 .00 D01173 ASSOCIATION OF MINNESOTA BUILDING 1 200.00 200.00 .00 .00 001270 DALCO, INC. 1 151.72 151.72 .00 .00 001530 FOREST LAKE FORD, INC. 2 442.26 442.26 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 B.54 8.54 .DD .00 D01610 GILLUND ENTERPRISES, INC. 1 216.85 216.85 .DD .00 001621 GREG LARSON SPORTS - GLS, INC. 1 1,716.15 1,716.15 .00 .00 001809 ANOKA COUNTY HIGHWAY DEPARTMENT 1 48,678.42 48,678.42 .00 .D0 001850 HOFFMAN, MICHAEL 1 40.80 40.80 .00 .D0 002036 JACKSON- HIRSH, INC. 1 101.30 101.30 .00 .D0 002332 LIFE SAFETY SYSTEMS, INC. 1 346.13 346.13 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 1,262.99 1,262.99 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 47,150.05 47,150.05 .00 .00 0025B4 METRO SALES INCORPORATED 1 600.18 600.18 .D0 .00 D02666 RICHARDS, BRIAN 1 500.00 500.00 .00 002720 MINNESOTA CITY /COUNTY MGMT ASSOC 1 84.00 84.00 .00 III 002750 MN. DEPT OF AGRICULTURE 1 60.00 60.00 .0D .D0 D03123 NATURE CALLS, INC. 1 193.95 193.95 .00 .00 D03250 XCEL ENERGY 1 4,479.01 4,479.01 .D0 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 157.47 157.47 .0D .00 003491 PETTY CASH 1 96.91 96.91 .00 .00 003600 PRESS PUBLICATIONS, INC. 3 143.82 143.82 .00 .D0 003815 ROSEMOUNT, CITY OF 1 75.00 75.0D .00 .DD 803880 SHORT- ELLIOTT- HENDRICKSON, INC. 1 2,700.00 2,700.00 .00 .00 003882 SHRED -IT, INC. 1 123.00 123.00 .00 .D0 003973 SENSIBLE LAND USE COALITION 1 200.00 200.00 .00 .00 • Date: 01/18/2008 Time D7:11:08 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount 4tr # Name # of items Net Gross Discount Lost D04063 ANOKA COUNTY LICENSE BUREAU 1 616.00 616.00 .00 .00 004102 WASHINGTON COUNTY HUMAN RESOURCES 1 150.00 150.00 .DD .00 004150 STAR TRIBUNE, INC. 1 671.40 671.40 .00 .D0 004240 STREICHER'S, INC. 3 201.21 201.21 .00 .00 004342 T 5 0 HOMES 1 4,500.00 4,500.00 .00 .00 004370 TR COMPUTER SALES, LLC 2 3,216.28 3,216.28 .00 .00 004660 URICH, TRACEY 1 31.50 31.50 .00 .00 005007 LUNDA CONSTRUCTION COMPANY 1 684,393.67 684,393.87 .00 .00 006304 TES OFFICE AUTOMATIONS, INC. 1 398.31 398.31 .00 .00 007354 CROWN TROPHY 1 2,688.06 2,688.06 .00 .0D 007390 MINNESOTA CHAPTER IAAI 1 25.00 25.00 .00 .00 007396 ASCAP 1 295.00 295.00 .00 .00 007397 MSA /MINNESOTA SOCIETY OF ABORICULTURE 1 40.00 40.00 .00 .00 007398 SUMMIT FIRE PROTECTION 1 79.69 79.69 .00 .00 007399 MSTMA 1 65.00 65.00 .D0 .00 •400 TEAM EXPRESS, INC. 1 1,830.00 1,830.00 .DD .0D 700491 ROSEVILLE, CITY OF 3. 2,B46.67 2,846.67 .00 .00 900524 BURGER, LUANN 1 821.28 821.28 .00 .00 900591 CORPORATE EXPRESS, INC. 1 4B.99 48.99 .00 .00 Grand Totals: 81 979,476.54 979,476.54 .00 .00* • Date: 01/18/2008 Ranges: Time: 07:19:55 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 6855 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name 6875 # of copies: 1 Description MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ELECTIONS AFSCME COUNCIL #5 ANOKA COUNTY MINNESOTA STATE RETI GREG LARSON SPORTS - LAW ENFORCEMENT LABO METRO COUNCIL ENVIRO MN DEPT OF LABOR /IND MN CHILD SUPPORT PAY II S BANK II S BANK ASPEN EXTERIORS, INC DIRECT SUMMIT HEALTH EXTERIORS FIRE PROTECTI PARTNERS Total PETTY CASH 0 S SANK -Total PAYROLL WITHHOLDING 19- 31- 22- 14- 0075/19 -31 -2 PAYROLL WITHHOLDING PAYROLL WITHHOLDING DECEMBER SAC OCT /NOV /DEC SURCHARGE PAYROLL WITH /TERRY J. ME INSTITUTE /PETE R E VERN PRINTER /GORDON H REIMBURSE PRRMIT /547 WOO REIMBURSE PERMIT /511 HAW REIMBURSE PREMIT /7525 4T HEALTH INSURANCE for Department PLANT /CARDS CONFERENCE /JOHN B for Department 401 PREMIUM WATERS, INC. AVENET, LLC ADMINISTRATION RESOU CHOICEPOINT SERVICES ACCLAIM BENEFITS MINNESOTA CITY /COUNT PETTY CASH PETTY CASH PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, WASHINGTON COUNTY HU STAR TRIBUNE, INC. II S BANK HEALTH PARTNERS MONTHLY SERVICE /DECEMBER SERVICE PACKAGE TO 12 -31 DECEMBER /COBRA DRUG TESTING FLEXIBLE SPENDING /DECEMB MEMBERSHIP /DAN T CONF /MEALS /MEETINGS FILING t'hh ADVERTISING /5 YEAR PLAN ADVERTISING /ADVISORY BOA ADVERTISING /COMPLIANCE H ADVERTISING /ORDINANCE 16 ORDINANCE 16 -07 MEMBERSHIP /DAN T ADVERTISING /POLICE OFFIC CONFERENCE /GORDON H HEALTH INSURANCE Total for Department 402 SHRED -IT, INC. Amount 927.38 7.00 793.23 .00 921.50 3,316.50 1,636.09 257.03 340.0D 277.94 105.0D 105.00 79.69 10,798.82 19,565.18* 35.66 32.00 67.66* 19.14 924.00 74.84 128.00 190.55 84.00 56.97 2.00 14.80 97.92 22.95 111.00 51.80 150.00 671.40 32.0D 2,132.59 4,763.96* DESTROY CONFIDENTIAL MAT 75.00 • • Date: 01/16/2008 Time: 07:19:55 Operator: JAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description SENIORS SENIORS FINANCE FINANCE PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING COMM DEV DEV M DEV .M7 DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE Total for Department 403 TDS METRDCOM MONTHLY SERVICE /JANUARY HEALTH PARTNERS HEALTH INSURANCE Total for Department 406 ROSEVILLE, CITY OF MONTHLY SERVICE /JANUARY HEALTH PARTNERS HEALTH INSURANCE Total for Department 407 ECONOMIC DEVELOPMENT SHORT- ELLIOTT- HENDRI GIS SERVICE /DECEMBER ECONOMIC DEVELOPMENT U S BANK EDAM /MARY D ECONOMIC DEVELOPMENT HEALTH PARTNERS HEALTH INSURANCE Total for Department 415 • E. ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING NELSON, ROBERT AMERICAN PLANNING AS PETTY CASH SHORT - F'r.T,I OTT- HENDRI SENSIBLE LAND USE CO SRF CONSULTING GROUP U S BANK POGALZ, BRIAN HEALTH PARTNERS QUARTERLY STIPEND APA MEMBERSHIP /PAUL B DONUTS GI5 SERVICE /DECEMBER MEMBERSHIP /5 TRANSPORTATION PLAN /DEVE CONFERENCE /PAUL B QUARTERLY STIPEND HEALTH INSURANCE Total for Department 416 AMERICAN PLANNING AS MEMBERSHIP /MIKE G SHORT- ELLIOTT- HENDRI DATAVIEW /1 -1 -08 - 12-31 - U S BANK EDAM /MIRE G HEALTH PARTNERS HEALTH INSURANCE Total for Department 418 MINNESOTA CHIEFS OF MEMBERSHIP /DAVE P LEIBEL, KYLE REIMBURSE TUITION /BOOKS PREMIUM WATERS, INC. MONTHLY SERVICE /DECEMBER LYNN PEAVEY COMPANY, SUPPLIES CENTRAL COMMUNICATIO ACCESS FEE /OCT, NOV, DEC CENTRAL COMMUNICATIO INTERNET ACCESS /DECEMBER CONNEXUS ENERGY MONTHLY SERVICE /DECEMBER TDS METROCOM MONTHLY SERVICE /JANUARY KRISS DESIGN COMPANY BUSINESS CARDS ASPEN MILLS, INC. UNIFORM SUPPLIES BILL'S GUN SHOP /RANG RANGE TIME BOWDICH, JACKIE M. REIMBURSE TUITION /BOOKS BROADWAY AWARDS, INC BRASS PLATES MCPA (MN CRIME PREVE MEMBERSHIP /KAREN A MAGTECH AMMUNITION, SUPPLIES FAST BREAK CORNER MA CAR WASHES IMAGE PRINTING & GRA SERVICES CARDS /REPORTS METRO SALES INCORPOR COPIER MAINTENANCE Amount 75.00* 37.98 403.34 441.32* 2,846.67 795.66 3,642.33* 130.00 225.00 403.34 758.34* 150.0D 220.00 9.98 260.00 200.00 2,736.96 32.00 150.00 806.68 4,565.62* 420.00 2,700.00 225.0D 1,034.42 4,379.42* 165.00 885.61 17.55 125.20 900.00 778.56 21.31 666.64 883.95 2,231.63 344.01 972.0D 29.39 45.D0 1,756.00 33.53 430.29 600.18 Date: 01/18/2008 Time 07:19:55 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount POLICE 0.11ta LAKE ANIMAL CA ANIMAL CONTROL 157.47 POLICE OrJ.Bx LAKE ANIMAL CA OFFICE VISIT /RECON 371.98 POLICE SHRED -IT, INC. DESTROY CONFIDENTIAL MAT 111.00 POLICE SAM'S CLUB, INC. SUPPLIES 152.09 POLICE STATE OF MINNESOTA CONNECT CHARGES /DECEMBER 390.00 POLICE STREICHER'S, INC. UNIFORM SUPPLIES 3,004.41 POLICE THOMPSON AND ASSOCIA PROFESSIONAL SERVICES 800.00 POLICE U S BANK DEFIBRILLATOR BATTERIES 304.11 POLICE UNIFORMS UNLIMITED, FLASHLIGHT /WAND 124.50 POLICE MULTICARE ASSOCIATES MEDICAL EXAMS 827.00 POLICE ANDERSON, KAREN REIMBURSE TUITION /BOOKS 701.51 POLICE MINNESOTA CHAPTER IA 20DB MEMBERSHIP /MITCH D 25.00 POLICE FINGERPRINT EQUIPMEN INFO TAGS 49.02 POLICE HEALTH PARTNERS HEALTH INSURANCE 15,259.90 POLICE CORPORATE EXPRESS, I FILE 151.69 POLICE CORPORATE EXPRESS, I PRINTER 174.92 POLICE CORPORATE EXPRESS, I SUPPLIES 4B.99 Total for Department 420 33,539.44• FIRE CENTENNIAL FIRE DIST QUARTERLY BUDGET 121,939.25 FIRE HEALTH PARTNERS HEALTH INSURANCE 1,678.03 Total for Department 421 123,617.28* BUILDING INSPECTIONS ASSOCIATION OF MINNE MEMBERSHIP 200.00 BUILDING INSPECTIONS ROSEMOUNT, CITY OF MEMBERSHIP /PETE, VERN, P 75.00 BUILDING INSPECTIONS TR COMPUTER SALES, L HARDWARE /SOFTWARE CHARGE 3,216.28 BUILDING INSPECTIONS TR COMPUTER SALES, L REMOTE SUPPORT 920.00 BUILDING INSPECTIONS U S BANK CODE BOOKS 608.56 BUILDING INSPECTIONS U S BANK MANUALS 162.15 BUILDING INSPECTIONS HEALTH PARTNERS HEALTH INSURANCE 2,296.56 Total for Department 422 7,478.55* STREETS R & D BATTERIES, INC SPRING TERMINAL 83.77 STREETS CONNEXUS ENERGY MONTHLY SERVICE /DECEMBER 950.30 STREETS TDS METROCOM MONTHLY SERVICE /JANUARY 38.09 STREETS MN. DEPT OF AGRICULT PESTICIDE APPLICATOR LIC 10.00 STREETS PETTY CASE HOSE /FITTINGS 25.49 STREETS PETTY CASH REIMBURSE PARKING & MEAL 15.9D STREETS HEALTH PARTNERS HEALTH INSURANCE 3,648.05 Total for Department 430 4,771.60• FLEET AMERICAN FASTENER & CAP /NUT 11.68 FLEET AMERICAN PRESSURE, I SERVICE CALL 260.00 FLEET A -1 HYDRAULIC SALES/ HOSE /SWIVEL /TUBE 272.28 FLEET POMP'S TIRE SERVICE, WHEEL CENTERING /SPIN BAL 75.00 FLEET AUTO - MEDICS, INC. TOW -PLOW TRUCK 319.50 FLEET O'REILLY AUTOMOTIVE, THERMOSTAT /FILTERS /HOSE/ 601.57 FLEET ASPEN EQUIPMENT COMP AMBER STROBE 95.85 FLEET ASPEN EQUIPMENT COMP CONTROL PAD KIT 41.92 FLEET EGAN OIL COMPANY GASOHOL 13,520.28 Date: 01/1B/2008 Time: 07:19:55 Operator: JAL • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS 4111 MENT ,,,JVERlNT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVER27T GOVERNMENT GOVERNMENT GOVERNMENT PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS • FOREST LAKE FORD, IN ALIGNMENT /TIRE ROTATION FOREST LAKE FORD, IN MOTOR FOREST LAKE FORD, IN PROCESSOR EMERGENCY AUTOMOTIVE PROJECTION LAMP GILLUND ENTERPRISES, CHEMICALS PETTY CASH PARTS ANOKA COUNTY LICENSE VEHICLE TABS THANE HAWKINS POLAR PARTS TDUSLEY FORD, INC. PARTS /SUPPLIES COMO LURE E. SUPPLIES TRACTOR FLUID U S BANK JOHN DEERE PARTS WALDOCH SPORTS, INC. HY -GUARD HEALTH PARTNERS HEALTH INSURANCE Total for Department 431 BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS ZIEGLER, INC. ACE SOLID WASTE, INC AMERIPRIDE LINEN /APP NORTHERN AIR CORPORA CONNEXUS ENERGY TDS METROCOM BREHM GROUP (LMCIT) C. P. OFFICE PRODUCT DALCO, INC. FRATTALLONE'5 HARDWA JACKSON - HIRSH, INC. LIFE SAFETY SYSTEMS, IMAGE PRINTING 6 GRA CENTERPOINT /MINNEGAS XCEL ENERGY PETTY CASH SAM'S CLUB, INC. TWIN CITY GARAGE DOO TWIN CITY GARAGE 000 COMCAST TES OFFICE AUTOMATVO ROSEVILLE, CITY OF HEALTH PARTNERS Total for REPAIR ELECTRIC SYSTEM -G MONTHLY SERVICE /JANUARY MAT RENTAL REPAIR AIR HANDLER MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /JANUARY ACCIDENT INSURANCE /COUNC OFFICE SUPPLIES JANITORIAL SUPPLIES SCRAPER SUPPLIES MONITORING CHARGE/1-1-D8 ENVELOPES /PAPER MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /JANUARY BAKING SODA SUPPLIES CAPACITOR CLAMP /PLUGS /SPRINGS MONTHLY SERVICE /DECEMBER CONTRACT 12 -25 -07 - 12 -2 OCT 11 - DEC 14 TELEPHON HEALTH INSURANCE Department 432 ACE SOLID WASTE, INC CONNEXUS ENERGY FRATTALLONE'S HARDWA HOFFMAN, MICHAEL CENTERPOINT /MINNEGAS MN. DEPT OF AGRICULT NATURE CALLS, INC. PETTY CASH URICH, TRACEY NSA/MINNESOTA SOCIET MONTHLY SERVICE /JANUARY MONTHLY SERVICE /DECEMBER DUCT TAPE /SCREWS /HINGES REIMBURSE PARKING /MEALS MONTHLY SERVICE /DECEMBER PESTICIDE APPLICATOR LIC PORTABLE RESTROOM RENTAL REIMBURSE PARKING E. MEAL REIMBURSE CLOTHING ALLOW MEMBERSHIP /MIRE H 86.40 335.52 355.86 B.54 216.85 9.24 616.00 17.75 64.00 380.15 102.99 67.10 654.5D 18 112.98* 434.30 420.71 209.42 695.25 948.46 138.17 446.25 240.65 277.83 20.22 101.30 346.13 832.70 1,711.93 4,436.41 1.00 11.30 239.79 789.85 69.9D 398.31 1,744.50 403.34 14,917.72* 78.62 7.99 17.1D 40.80 304.13 40.00 193.95 81.01 31.50 40.00 Date: 01/18/2008 Time: 07:19:55 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PARKS PARKS RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE FORESTRY SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS FIRE OTHER OTHER MSTMA MEMBERSHIP /STEVE, MIKE, HEALTH PARTNERS HEALTH INSURANCE Total for Department 450 ASCAP LICENSE FEE HEALTH PARTNERS HEALTH INSURANCE Total for Department 451 ASLESON, MARTY REIMBURSE MEALS MN. DEPT OF AGRICULT PESTICIDE APPLICATOR LIC HEALTH PARTNERS HEALTH INSURANCE Total for Department 461 HEALTH PARTNERS HEALTH INSURANCE Total for Department 462 HEALTH PARTNERS HEALTH INSURANCE Total for Department 463 Total for Fund 101 BLAINE TRUE VALUE HA PROGRAM REC RICHARDS, BRIAN EDUCATIONAL ENTERTAINER PETTY PETTY PETTY CASH CASH CASH CANDY STAMPS TICKETS Total for Department 205 GREG LARSON SPORTS - BURGER, LUANN Total for GREG LARSON SPORTS - CROWN TROPHY TEAM EXPRESS, INC. Total for SHIN GUARDS /BASEBALLS /MA DANCE CLASS Department 207 SHIN GUARDS /BASEBALLS /MA TROPHIES MESH HATS Department 208 Total for Fund 201 CENTENNIAL FIRE DIST QUARTERLY BUDGET Total for Department 421 Total for Fund 402 ANOKA COUNTY HIGHWAY FINAL PAYMENT /CSAH 49 BR Total for Department 499 Total for Fund 406 W.H. MILLER, INC. CONTRACTOR /'07 OVERLAY 65.00 1,256.96 2,157.06* 295.0D 1,254.05 1,549.05* 23.38 10.00 241.53 274.91* 248.85 248.85* 241.53 241.53* 245,167.80* 1,166.00 500.00 3.16 3.60 19.00 1 691.76* 638.41 821.28 1,459.69* 1,077.74 2,688.06 1,830.00 5,595.80* 8,747.25* 17,250.00 17,250.00* 17,250.00* 48,678.42 48,678.42* 48,678.42* 14,265.36 • • • Date: 01/18/2008 Time 07:19:55 Operator: JAL • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount Total for Department 499 Total for Fund 421 OTHER SHORT- ELLIOTT- HENDRI GIS SERVICE /DECEMBER Total for Department 499 Total for Fund 422 OTHER SHORT- ELLIOTT- HENDRI ENGINEERING SERVICE -LEGA OTHER SHORT- f'T,TJOTT- HENDRI FIELD TEAM /DECEMBER OTHER LUNDA CONSTRUCTION C CONTRACTOR /LAKE DRIVE /35 Total for Department 499 WATER WATER WATER WATER WATER WATER WATER WATER .R. E R WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • Total for Fund 471 MN. DEPT OF HEALTH WATER FEE /4TH QUARTER Total for Department AMERICAN WATER WORKS INSTRUMENTAL RESEARC INSTRUMENTAL RESEARC CONNEXUS ENERGY SYCOM, INC. TDS METROCOM HAWKINS , INC. FRATTALLONE'5 HARDWA ONE CALL CONCEPTS, I CENTERPOINT /MINNEGAS XCEL ENERGY PETTY CASH HEALTH PARTNERS MEMBERSHIP /TIM H IRON ANALYSIS WATER SAMPLES MONTHLY SERVICE /DECEMBER RADIO INSTALLATION MONTHLY SERVICE /JANUARY CBEMICALS HOSE MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /JANUARY PLUG /PROPANE /TOOL HEALTH INSURANCE Total for Department 494 Total for Fund 601 CONNEXUS ENERGY SYCOM, INC. ONE CALL CONCEPTS, I INFRATECH TECHNOLOGI METRO COUNCIL ENVIRO XCEL ENERGY HEALTH PARTNERS MONTHLY SERVICE /DECEMBER RADIO INSTALLATION MONTHLY SERVICE /DECEMBER JET /VAC SEWER PIPE FEBRUARY SEWER MONTHLY SERVICE /JANUARY HEALTH INSURANCE Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN TOW /CADI ELDORADO '95 PRESS PUBLICATIONS, ADVERTISING /VAUGHA.NS ADD T & D HOMES 200102117/556 WOODDUCR L 14,265.36* 14,265.36* 388.25 388.25* 388.25* 1,922.77 3,441.84 684,393.67 689,758.48* 689,758.48* 6,562.00 6,562.00* 296.00 60.00 142.50 1,078.66 1,764.00 113.94 2,628.32 15.96 63.08 595.15 22.48 43.82 1,346.79 8,170.70* 14,732.70* 271.84 7,056.00 63.07 1,755.00 47,150.05 20.12 943.46 57,259.54* 57,259.54* 239.65 22.95 500.00 Date: 01/18/2008 Time: 07:19:56 Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount T & D HOMES 200102199/570 MYRTLE LAN 500.00 T & D HOMES 200102200/7931 HENRY LAN 500.00 T & D HOMES 200200121/546 MYRTLE LAN 500.00 T & D HOMES 200200447/546 HENRY LANE 500.00 T & D HOMES 200200593/7967 HENRY LAN 500.00 T & D HOMES 200200740/535 WDODDDCK T 500.00 T & D HOMES 200201742/571 MYRTLE LAN 500.00 T & D HOMES 200201743/7912 HENRY LAN 500.00 Total for Department 4,762.60* Total for Fund 801 4,762.60* Grand Total 1,101,010.40* • • • 410 CENTENNIAL FIRE DISTRICT • Check Register FIRE GL GL Posting Period(s): 01/08 - 01/08 Check Issue Date(s): 01/07/2006 - 01/22/2008 Page: 1 Jan 22, 2008 10:28am Per Date Check No Vendor No 01/08 01/22/08 3081 10600 01/08 01/22/08 3082 11565 01/08 01/22/08 3083 20140 01/08 01/22/08 3084 01/08 01/22/08 3085 01/08 01/22/08 3086 Payee ANCOM COMMUNICATIONS, INC ASPEN MILLS MILO BENNETT 20400 DAVID BRUDER 30490 CENTERPOINT ENERGY 31137 CONNEXUS ENERGY 01/08 01/22/08 3087 50120 EMERGENCY APPARATUS MAINT, 01/08 01/22/08 3088 50130 EMERGENCY MEDICAL PRODUCT 01/08 01/22/08 3089 120450 CITY OF LINO LAKES 01/08 01/22/08 3090 120490 LOFFLER COMPANIES, INC 01/08 01/22/08 3091 130440 METRO FIRE, INC 01/08 01/22/08 3092 130855 MN STATE FIRE DEPT ASSOC 01/08 01/22/08 3093 140050 NFPA 01/08 01/22/08 3094 140408 NEXTEL COMMUNICATIONS 01/08 01/22/08 3095 170180 QWEST 01/08 01/22/08 3096 180075 RON REITER 01/08 01/22/08 3097 210410 UNITED STATES TREASURY 01/08 01/22/08 3098 240100 XCEL ENERGY Totals: Invoice Description Inv Amount PAGER REPAIR 15.00 UNIFORMS 79.95 FIREFIGHTERS ANNUAL 325.36 BREAKFAST MEDICAL SUPPLY 193.22 DEC GAS STATION 2 1,061.45 DEC ELECTRIC STATION 481.59 1 RESCUE 11 MTC 6,153.28 MEDICAL SUPPLIES 171.55 DECEMBER 24,162.11 REIMBURSEMENTS DEC CONTRACT 12.32 OVERAGE RESPIRATOR SOAP 33.00 MEMBERSHIP DUES 432.00 2008 2008 MEMBERSHIP 150.00 DEC CELL PHONES 151.39 JANUARY 214.28 COMMUNICATIONS STATION 1 RESTROOM 30.85 REPAIR PART 2006 SOCIAL SECURITY 17,768.20 DEC ELECTRIC STATION 761.66 2 52,197.21 M = Manual Check, V = Void Check • • AGENDA ITEM 1B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: January 28, 2008 TOPIC: Data Practice Policy VOTE REQUIRED: 3/5 BACKGROUND The Minnesota Govemment Data Practices Act gives members of the public the right to see and have copies of public data that the City keeps. The law also controls how the City keeps government data and requires jurisdictions to establish procedures to ensure that officials respond promptly to requests for government data. Presented for the council's review is The City of Lino Lakes Guidelines and Procedures for the Minnesota Govemment Data Practice Act. The guidelines and procedures in the document will be used by the responsible authority and city staff to guide how the City will store, collect, and dispose of data as well as how that data is classified - public, nonpublic, private or confidential. The attached document establishes our city's guidelines and procedures for providing access to data, including our expectations relative to response time and circumstances when charges may apply. To assist the public and staff in the access process, the City procedures include a Data Request Form, available in paper or electronic form (on the City's Web site). The document also establishes procedures for data requests from city council members. RECOMMENDATION Approval of Resolution No. 08 -14 adopting guidelines and procedures for the City's data practices. ATTACHMENTS City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practice Act Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -14 ADOPTING A GUIDELINES AND PROCEDURES DOCUMENT FOR THE CITY'S DATA PRACTICES Whereas, data practice laws require govemment entities to provide appropriate access to government data and protect the rights of data subjects; and Whereas, the City wishes to provide access to govemment data in an appropriate and prompt manner and within a reasonable period of time; and Whereas, government entities are required to establish data practice guidelines and procedures; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City hereby adopts the City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices Act to be in effect and utilized upon adoption of this resolution. Adopted by the Council of the City of Lino Lakes this 28th day of January, 2008. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • • City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices Act Responsible Authority and Data Practice Compliance Officer. Julie Bartell, City Clerk 600 Town Center Parkway Lino Lakes, MN 55014 Approved by the City Council on Purpose of the procedure: Insure that requests for government data are received and processed in an appropriate and prompt manner Associated Regulations: MN Government Data Practices Act (MGDPA) Responsible Authority and Data Practice Compliance Officer. Julie Bartell, City Clerk 600 Town Center Parkway Lino Lakes, MN 55014 Minnesota Government Data Practices Act Guidelines & Procedures - 1 - City of Lino Lakes TABLE OF CONTENTS INTRODUCTION 2 I. RESPONSIBLE AUTHORITY 2 H. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA 2 A. Collection 2 B. Storage and Disposition .3 III. CLASSIFICATION OF GOVERNMENT DATA 3 A. Data on Individuals 3 B. Summary Data ...4 C. Data not on Individuals 4 D. Juvenile Records 5 IV. ACCESS TO PUBLIC DATA 6 A. People Entitled to Access .6 B. Form of Request and Response 6 C. Fees 6 V. ACCESS TO DATA ON INDIVIDUALS 7 A. People Entitled to Access .7 B. Form of Request 8 C. Identification of Requesting Party 8 D. Time Limits ..8 E. Fees •8 VI. DENIAL OF ACCESS .8 VII. COLLECTION OF DATA ON INDIVIDUALS 8 VIII. CHALLENGE TO DATA ACCURACY 9 IX. DATA PROTECTION .9 A. Accuracy and Currency of Data .9 B. Data Safeguards .10 X. CITY COUNCIL ACCESS TO DATA A. Form of Request and Response 10 B. Fees 11 C. Council Review 11 XI. EXHIBITS List of Designated Employees Responding to Requests for Government Data — Questions & Answers Data Request Form Minnesota Government Data Practices Act Guidelines & Procedures - 2 - City of Lino Lakes INTRODUCTION The Minnesota Government Data. Practices Act (MGDPA) gives members of the public the right to see and have copies of public data that the City keeps. The law also controls how the City keeps government data. The law says that all the data the City has is public (can be seen by anybody) unless there is a state or federal law that classifies the data as not public. • Chapter 13 of the Minnesota Statutes, also known as the Minnesota Government Data Practices Act (MGDPA), is the primary resource the City uses in determining the public /not public nature of data. • Unless there is a specific citation from the Data Practices Act or elsewhere in state or federal law, the City presumes that the data is public. • The requestor has the right to view all public data the City keeps. Questions should be directed to the City Clerk's Office at 651- 982 -2406. I. RESPONSIBLE AUTHORITY The person who is the responsible authority and data practices compliance official under the Act for the City of Lino Lakes is Julie Bartell, City Clerk, 600 Town Center Parkway, Lino Lakes, Minnesota. The data practices compliance official is the city employee to whom persons may direct questions or concerns regarding problems in obtaining access to information. The responsible authority has designated certain other city employees to assist in complying with the Act and these designees are noted on Exhibit 1 attached to this report. II. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA A. Collection Government data means all data created, collected, received, maintained or disseminated by any state agency, political subdivision or statewide system regardless of the data's physical form, storage media or conditions of use. Government data includes all papers, cards, correspondence, discs, maps, memoranda, microfilms, photographs, recordings, reports, tapes, writings, computer medium and other data, information or documentary material. Minnesota Government Data Practices Act Guidelines & Procedures - 3 - City of Lino Lakes The information collected must be accurate, complete, and current for the purpose for which it was collected. At any time a data subject may contest the accuracy and completeness of the data. Minnesota Statute, Chapter 13, "establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public." Minn. Stat., Section 13.01, subd 3. B. Storage and Disposition The City has adopted the General Records Retention Schedule for Minnesota Cities to guide the retention and destruction of its records. While some records must be kept for a period prescribed by law, a specific retention period for many government records is not prescribed. Those records may not be disposed of without the prior consent of the Records Disposition Panel, a panel of state officials established under Minn. Stat. Section 138.17. Unauthorized destruction of government records is a misdemeanor. Upon request, the City Clerk will prepare a specific "Records Retention Schedule" and provide the necessary forms for the application to dispose of government data not included in the general retention schedule. Each City department is responsible for keeping its records in such arrangement and condition as to make them easily accessible for convenient use. III. CLASSIFICATION OF GOVERNMENT DATA A. Data on Individuals Data on individuals is "all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual." "Individual" is defined as a living human being. There are three types of data on individuals: public, private, and confidential. i. Public Data. Public data is data on individuals that is not classified by state statute, federal law or temporary classification as either private or confidential. It is accessible to anyone for any reason. ii. Private Data. Private data is any data on individuals that is not accessible to the public, but is accessible to the subject of the data. Private data includes data that is expressly classified as private by state statute, federal law or temporary classification. In addition to the data subject, private data is also accessible to the data subject's representative, individuals, entities or persons given express written permission by the data subject, a minor's parent or guardian, personnel within the governmental entity whose work assignments Minnesota Government Data Practices Act Guidelines & Procedures - 4 - City of Lino Lakes reasonably require access or individuals, entities or persons authorized by a court order. iii. Confidential Data. Confidential data is data on individuals that is not accessible to the subject of the data or to the public. It includes data that is expressly classified as confidential by state statute, federal law or temporary classification. B. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, and established City charges will apply. The responsible authority or designee should notify the requesting party about the estimated costs. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the responsible authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. C. Data Not on Individuals. i. Public data not on individuals is data accessible to the public unless otherwise classified by state or federal law or temporary classification. H. Nonpublic data not on individuals means data which is not public but is accessible to the subject of the data, if any. As used here, the "subject of the data" means an individual, partnership, corporation, etc. Data not on individuals is nonpublic if so classified by state or federal law or temporary classification. Nonpublic data is accessible to the subject of the data, if any, individuals, entities or persons authorized by state or federal law, personnel within the entity whose work assignments reasonably require access, and pursuant to a court order. However, nonpublic data may be discussed at a meeting open to the public to the extent allowed by state statute. iii. Protected nonpublic data not on individuals means data which is not public and not accessible to the subject of the data. Data not on individuals is protected nonpublic if so classified by state or federal law or temporary Minnesota Government Data Practices Act Guidelines & Procedures - 5 - City of Lino Lakes classification. Protected nonpublic data is accessible to individuals, entities or persons authorized by state or federal law, personnel within the entity whose work assignments reasonably require access, and pursuant to a court order. D. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. Parental Access. In addition to the people designated in this document who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the responsible authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there are reasonable grounds to support the juvenile's reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statutes. IV. ACCESS TO PUBLIC DATA • • • Minnesota Government Data Practices Act Guidelines & Procedures - 6 - City of Lino Lakes All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person is not required to identify themselves, state a reason for or justify a request to gain access to the public data. B. Form of Request and Response. Request. The request may be verbal or written. Requests will be received and processed only during normal business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays). If the request is unclear, the city may ask for certain identifying or clarifying information for the sole purpose of facilitating access to the data. Response. State law requires that the City must respond to a public data request appropriately and promptly. City staff shall make a diligent and good faith effort to search for the data requested and respond as soon as practicable. The City shall use the following guidelines for response time: • For requests for standard information, which can be retrieved fairly easily, staff shall accommodate the request within two working clays. • For more complex, larger requests, the information shall be provided within five working days of the request. • If, for some reason, the request cannot be accommodated within these guidelines, staff will notify the requestor immediately. The city shall indicate as soon as possible if data is unavailable or not public and shall provide the reason or specific law that applies. Format. The city is not required to provide information in any specific format except that if the data is maintained in an electronic format and is requested in an electronic format, then it must be provided in that medium. This does not mean that the city will provide the data in an electronic format or program that is different from what the city has. The city shall provide copies of public data in electronic form upon request, if the city can reasonably make a copy of or have a copy made of that format. C. Fees. Fees may be charged only if the requesting person asks for a copy or in some cases for electronic transmittal of the data. Fees will be charged according to the following fee calculation methods with per page cost and basic hourly fee established annually in the city fee schedule: • If 100 or fewer pages of letter or legal size paper copies are requested, the standard charge per page shall be charged; • If the request exceeds 100 pages or requires more than 1.5 hours for staff to search and retrieve data, the city may charge the cost of employee time for Minnesota Government Data Practices Act Guidelines & Procedures - 7 - City of Lino Lakes making, certifying and electronically transmitting copies of the data or the data itself. The fee may not include time necessary to separate public from non- public data; • If electronic data is requested on a CD, DVD or floppy disc, an established City fee may apply. • The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. V. ACCESS TO DATA ON INDIVIDUALS Information about individual people is classified by law as public, private, or confidential. A list of private and confidential information shall be maintained by the City as well as forms used to collect private and confidential information. A. People Entitled to Access. Public information about an individual may be shown or given to anyone. Private information about an individual may be shown or given to: The individual who is the subject of the data. A person who has been given access by the express written consent of the data subject. People who are authorized access by the federal, state, or local law or court order. People within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Confidential information may not be given to the subject of the data, but may be shown or given to: People who are authorized access by federal, state, or local law or court order. People within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Any individual may request orally or in writing if the City has stored data about any individual and whether the data is classified as public, private, or confidential. • • Minnesota Government Data Practices Act - 8 - Guidelines & Procedures City of Lino Lakes All requests to see or copy private or confidential information must be in writing on a data request form to document who requests and who receives this information. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting parry's identity, the information requested, and the City's response. C. Identification of Requesting Party. In the case of requests for private or confidential data, the responsible authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. Requests. Requests will be received and processed only during normal business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays). Response. The response must be immediate, if possible, or within five working days if an immediate response is not possible. The City may have an additional five working days to respond if it notifies the requesting person that it cannot comply within five days. E. Fees. Fees may be charged in the same manner as for public information, however when the subject of the data makes a request for access to data, the data subject may not be charged for the cost of searching for and retrieving the data. A data subject can only be charged for the actual cost of copying, certifying and mailing the data. VI. DENIAL OF ACCESS. If the responsible authority or designee determines that the requested data is not accessible to the requesting party, the responsible authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The responsible authority or designee must give the specific legal authority, including statutory section, for withholding the data. The responsible authority or designee must place an oral denial in writing upon request and include the specific legal authority for the denial. VII. COLLECTION OF DATA ON INDIVIDUALS. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. -31- Minnesota Government Data Practices Act Guidelines & Procedures - 9 - City of Lino Lakes When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: • the purpose and intended use of the requested data, • whether the individual may refuse or is legally required to supply the requested data, • any known consequences from supplying or refusing to supply the information, and • the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. VIII. CHALLENGE TO DATA ACCURACY. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the responsible authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. IX. DATA PROTECTION. A. Accuracy and Currency of Data All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. • • • Minnesota Government Data Practices Act - 10 - City of Lino Lakes Guidelines & Procedures All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non - authorized individuals might see it, and • shred private or confidential data before discarding. When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. X. CITY COUNCIL ACCESS TO DATA City council member access to data shall be governed by the Minnesota Government Data Practices Act and be subject to the procedures and requirements of the City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices Act as set forth herein, and as follows: A. Form of Request and Response. Request. Requests will normally be received and processed during business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays) Requests shall be submitted electronically using the City's Data Request Form and be submitted to the City Administrator and copied to the City Clerk. When requests are received and reviewed, staff will acknowledge by returning the request form indicating if the data is available, the data classification, any applicable charges, and the estimated time required to provide the requested data. Minnesota Government Data Practices Act - 11 - City of Lino Lakes Guidelines & Procedures Response. City staff shall make a diligent and good faith effort to search for the data requested and respond as soon as practicable. The City shall use the following guidelines for response time: • For requests for standard information, which can be retrieved fairly easily, staff shall accommodate the request within one working day (24 hours); • For more complex, larger requests, the information shall be provided within two working days (48 hours) of the request. • If, for some reason, the request cannot be accommodated within these guidelines, staff will notify council members as to the estimated time required to respond and reason for needing additional time. Staff shall provide a copy of the request and data response to all council members at the same time the response is provided to the requestor. B. Fees. Fees will be charged to council members only when the request is for data which is not to be used for city council purposes, in which case established city fees will apply. C. Council Review. City staff or council members may bring the data request to the entire city council for direction in cases where there are questions or disagreement on the applicability or administration of these guidelines and procedures. • • • • • • AGENDA ITEM 1C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: January 28, 2008 TOPIC: Resolution No. 08 -16, Approving Joint Powers Agreement with Circle Pines, North Road Area. VOTE REQUIRED: Simple Majority BACKGROUND: Utility connections have been made in the North Road area over the last 12 years using our standard practices. At this time we are combining all connected properties within a standard Joint Powers Agreement between Lino Lakes and Circle Pines. The attached Joint Powers Agreement defines billing, maintenance, and metering responsibilities of both the City of Lino Lakes and the City of Circle Pines. Also, attached is a map detailing the Lino Lakes properties served by the Circle Pines sanitary sewer and water systems in the North Road Area. This agreement is in the same format as the previously approved Ash Street Area (County Road J) Joint Powers Agreement with the City of Circle Pines. The City of Circle Pines staff has reviewed the Joint Powers Agreement and will be requesting approval from the Circle Pines City Council. RECOMMENDATION: Staff recommends approval of Resolution 08 -16, Circle Pines, North Road Area Joint Powers Agreement. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -16 RESOLUTION APPROVING THE CIRCLE PINES, NORTH ROAD AREA JOINT POWERS AGREEMENT WHEREAS, The City of Lino Lakes and the City of Circle Pines are interested in formalizing cross community water connections in the North Road Area. WHEREAS, Circle Pines owns and maintains sanitary sewer and watermain facilities adjacent to certain parcels located in Lino Lakes. These facilities have the capacity to provide water service to Lino Lakes customers on or near North Road. WHEREAS, it is desire of the parties, the City of Lino Lakes and the City of Circle Pines, through this agreement, to provide for water services to customers in the North Road area of Lino Lakes. WHEREAS, Minnesota Statues, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they exercise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Joint Powers Agreement between the City of Circle Pines and the City of Lino Lakes formalizing cross community sanitary sewer and water connections in the North Road Area. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of January, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -35b- • • JOINT POWERS AGREEMENT BETWEEN THE CITY OF CIRCLE PINES AND CITY OF LINO LAKES THIS AGREEMENT is made as of January , 2008 between the City of Circle Pines, Minnesota, a municipal corporation ( "Circle Pines ") and the City of Lino Lakes, Minnesota, a municipal corporation ( "Lino Lakes "). RECITALS A. The cities are interested in formalizing cross community water and sewer connections along North Road. B. Circle Pines owns and maintains water main and sanitary sewer facilities adjacent to certain parcels located in Lino lakes. The Metropolitan Council — Environmental Services also owns and maintains sewer lines. These facilities have the capacity to provide water and sanitary sewer service to Lino Lakes residents on or near North Road. C. It is desire of the parties, the Cities of Lino Lakes and Circle Pines, through this agreement, to provide for water and sanitary sewer services to residents in the North Road area in Lino Lakes. D. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they exercised. E. This agreement is effective retroactive to January 1, 1996. All previous charges will be billed at the yearly utility rates in effect at the time of consumption /use. AGREEMENT Based upon the foregoing recitals, Circle Pines and Lino Lakes agree as follows. 1. Circle Pines shall allow water and sewer usage from approved Lino Lakes residents on or near North Road to flow through water mains and sanitary sewer lines owned and maintained by Circle Pines. Page 1 of 3 —35c- 2. Circle Pines shall maintain all municipal water mains and sanitary sewer lines constructed within North Road and any adjacent lands in Circle Pines. Lino Lakes shall maintain all water meters within Lino Lakes. Sanitary Sewer lines owned by the Metropolitan Council Environmental Services will be maintained by the Metropolitan Council Environmental Services. 3. Lino Lakes shall read the water meters on a quarterly basis and shall provide Circle Pines with the most current water readings no later than five days following the months of March, June, September and December. Lino Lakes will pay Circle Pines for all water and wastewater flows determined by the meter readings. Payment for sewer to Circle Pines shall be 110% the rate billed to Circle Pines by the Metropolitan Council. Circle Pines will receive a monthly base charge plus its current rate per 1,000 gallons for all water flows, as well as periodic increases in the rate per 1,000 gallons. Circle Pines will communicate its rates annually to Lino Lakes within fifteen days of establishment of such rate. Lino Lakes will retain any water fees over and above those paid to Circle Pines. 4. Circle Pines and Lino Lakes agree to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses, including reasonable attorney's fees, resulting from or relating to the actions of each City, its officers, agents or employees in the execution of the duties outlined in this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself or each other, any amount in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability of each City may not be added together to determine the maximum amount of liability for each City. 5. City SAC and WAC fees shall apply for the City providing service. 6. This agreement shall become effective upon its execution by Circle Pines and Lino Lakes. 7. This agreement is effective only for the North Road Area 8. This agreement may not be amended unless agreed to in writing by both Circle Pines and Lino Lakes. 9. This agreement shall terminate upon the mutual agreement in writing by Circle Pines and Lino Lakes. Page 2 of 3 -35d- • • • • IN WITNESS WHEREOF the parties have executed this Agreement as of the day above first written. • • CITY OF CIRCLE PINES By: Dave Bartholomay, Mayor ATTEST: By: James W. Keinath, City Administrator CITY OF LINO LAKES By: John Bergeson, Mayor ATTEST: By: Gordon Heitke, City Administrator Page 3 of 3 -35e-- CITY OF CIRCLE PINES LINO LAKES PROPERTIES SERVED BY CIRCLE PINES UTILITITES • • AGENDA ITEM 2A STAFF ORIGINATOR AI Rolek MEETING DATE January 28, 2008 TOPIC Consideration of Resolution 08 -12 Adopting Five -Year Financial Plan for 2008 — 2012 Simple Majority VOTE REQUIRED The Lino Lakes City Charter Section 7.05 requires the annual preparation of a five -year financial plan. The elements to be included in the plan are a Public Service Program, Revenue Program, Capital Improvement Program and a Capital Budget. The Charter requires that a public hearing be held on the plan and that a summary of the approved plan be published. Staff has prepared a draft Five -Year Financial Plan for the years 2008 -2012. The plan includes all of the required elements. The Plan first addresses the Public Service Program and lists anticipated personnel and other resources needed to meet these needs over the five -year term. Projections of the City's tax capacity and tax levy authority are presented next, followed by projected revenues (Revenue Program) for the next five years. A detailed projection of anticipated program expenditures follows. Finally, the Capital Improvement Plan (CIP) is presented which addresses future needs in the areas of infrastructure extension and replacement, equipment replacement and park improvements. Project descriptions, cost estimates, financial resources and cash flow analyses are included within the CIP, and constitute projected budgets for future capital needs. The assumptions used in the plan are based upon both historical data and projections of future growth and needs. In general, an inflation rate of three percent (3 %) was used in projecting future expenditures. This percentage varies somewhat based upon what is known about inflation of particular factors, industries, etc. Existing statutes were used to calculate available taxing capacity and taxing authority. More detailed assumptions and factors are listed throughout the document. The plan has been reviewed by the City Council at several work sessions, and a public hearing was held on January 14, 2008. Staff recommendation is to approve Resolution 08 -12 adopting the Five -year Financial Plan for 2008 -2012. 1. Adopt Resolution 08-12. 2. Refer to Staff for further review. 3. Deny Resolution 08 -12. Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -12 RESOLUTION ADOPTING THE 5 -YEAR FINANCIAL PLAN FOR 2008 -2012 WHEREAS, Chapter VII, Section 7.05 of the City Charter calls for the preparation of a five -year financial plan, and, WHEREAS, City staff has prepared such five -year financial plan for the years 2008 —2012, including all elements as listed in the City Charter, and, WHEREAS, City staff has reviewed the proposed 2008 -2012 Five -Year Financial Plan with the City Council, and, WHEREAS, the City Council has held a public hearing and taken public comment on the proposed 2008 -2012 Five -Year Financial Plan as required by the City Charter. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby adopts the proposed 2008 -2012 five -year financial plan. In accordance with the City Charter, the City Council hereby orders a summary of the Five -Year Financial Plan be published in the official newspaper. Adopted by the Lino Lakes City Council this 28th day of January, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Julianne Bartell, City Clerk John J. Bergeson, Mayor 3 -36- • • • • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM 6 A i. and u. Jeff Smyser January 28, 2008 i. Second Reading: Ordinance No. 18 -07 Vacating Portions of Two Drainage and Utility Easements, Lot 9, Block 1, Oakwood View (135 Ash Street) ii. Resolution 08 -01 Approving Summary of Ord. 18 -07 for Publication ACTION: 4/5 vote on Ordinance 18 -07 4/5 vote on Resolution 08 -01 BACKGROUND The City Council held a public hearing and approved the first reading of this ordinance on December 10, 2007. This is the second reading. Once adopted, all ordinances must be published in the official newspaper. However, state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves on publication costs. Resolution 08 -01 approves a summary of the ordinance. The City Charter requires that all ordinances be read in full unless the reading is dispensed with by unanimous consent of the City Council. Staff recommends dispensing with the full reading. ANALYSIS The site is Lot 9, Block 1 within the Oakwood View plat. Discussion of the enabling residence in 2004 included a two story duplex structure with a total of 7000 sf. The current submittal is a one -story structure with a footprint of approximately 6300 sf. Because the building itself has a larger footprint than originally envisioned, it would encroach into the drainage and utility easement. The other easement to be vacated is in the location of the driveway leading to the building. This was a design oversight with the platting in 2004. The vacation of these portions of the easements will not affect the drainage. OPTIONS 1. Dispense with reading the ordinance in full (unanimous vote needed). 2. Approve the second reading of Ordinance No. 18 -07 approving the vacation of portions of two easements (4/5 vote needed). 3. Approve Resolution 08 -01, approving the publication of a summary of the ordinance (4/5 vote needed). 4. Return to staff with direction RECOMMENDATION Options 1, 2, and 3 • • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 18-07 VACATING PORTIONS OF TWO DRAINAGE AND UTILITY EASEMENTS LOT 9, BLOCK 1, OAKWOOD VIEW The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate portions of existing drainage and utility easements: 1. The Rice Creek Covenant Church and CER of Minnesota have requested that the City Council vacate portions of two drainage and utility easements that were created with the final plat of Oakwood View, which was approved with Resolution No. 05 -26. 2. A public hearing was held on December 10, 2007 before the City Council after due published and posted notice had been given, and all persons interested were given an opportunity to be heard; 3. The proposed vacations were reviewed with the site plan and grading plans submitted for the enabling residence on the site. Stormwater management and wetland buffering will continue to comply with City requirements. Section 2 Such request is hereby granted and the portions of drainage and utility easements described as follows are hereby vacated: Those two parcels located within Lot 9, Block 1, Oakwood View which are more particularly described as follows: PARCEL NUMBER ONE Beginning at the Southwest Corner of said Lot 9; thence North 00 degrees 36 minutes 05 seconds East (Basis of Bearings: the most westerly line of said 9 has an assumed bearing of North 00 degrees 36 minutes 05 seconds East) along the most westerly line of said Lot 9, a distance of 100.02 feet; thence South 52 degrees 34 minutes 40 seconds East 6.18 feet; thence North 00 degrees 15 minutes 43 seconds East 68.20 feet; thence North 14 degrees 56 minutes 20 seconds East 29.71 feet; thence North 38 degrees 48 minutes 17 seconds East 90.90 feet; thence South 23 degrees 04 minutes 50 seconds West 99.69 feet to an angle point in said Lot 9; thence South 00 degrees 36 minutes 05 seconds West, along one of the lines which constitute the boundary of said Lot 9, a distance of 173.02 feet to the easterly terminus of the most southerly line of said Lot 9; thence North 88 degrees 38 minutes 13 seconds West, along the most southerly line of said Lot 9, a distance of 30.00 feet to the Point of Beginning. PARCEL NUMBER TWO Commencing at the southerly terminus of the most easterly line of said Lot 9; thence North 00 degrees 36 minutes 05 seconds East (Basis of Bearings: The most easterly line of said Lot 9 has an assumed bearing of North 00 degrees 36 minutes 05 seconds East) along the most easterly line of said Lot 9, a distance of 35.50 feet; thence North 80 degrees 21 minutes 57 seconds West 114.37 feet; thence North 41 degrees 07 minutes 02 seconds West 44.14 feet to the Point of Beginning of the Parcel Number Two to be described; thence North 05 degrees 26 minutes 55 seconds West 83.99 feet; thence North 24 degrees 38 minutes 08 seconds West 43.84 feet; thence North 90 degrees 00 minutes 00 seconds East 23.22 feet; thence South 00 degrees 00 minutes 00 seconds West 25.95 feet; thence South 01 degrees 46 minutes 51 seconds East 97.55 feet to the Point of Beginning. All in Anoka County, Minnesota. Section 3 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of January, 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: Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 18 -07, page 2 —40— • • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-01 RESOLUTION APPROVING A SUIVINIARY OF ORDINANCE NO. 18 -07 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 18 -07, vacating portions of two drainage and utility easements on Lot 9, Block 1; and 'WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary in Attachment A clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 28th day of January, 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Al 1 ACHMENT A, Resolution 08 -01 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 18 -07 VACATING PORTIONS OF TWO DRAINAGE AND UTILITY EASEMENTS LOT 9, BLOCK 1, OAKWOOD VIEW Section 1 Findings: The property owner requested the vacation of portions of two drainage and utility easements in Lot 9, Block 1, Oakwood View. A public hearing was held on December 10, 2007 before the City Council. Stormwater management and wetland buffering will comply with City requirements. Section 2: The described portions of two easements are hereby vacated: Section 3: Other easements contained upon the property are not affected. Section 4: This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council on Janniry 28, 2008. This is a summary of the adopted ordinance A full printed copy of the ordinance is available at City Hall. • • • • • • AGENDA ITEM 6 B i. and ii. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 28, 2008 TOPIC: i. Second Reading, Ordinance No. 01- 08 Amending The Zoning Ordinance To Establish A Time Limit For Completion of Exterior Improvements To Structures ii. Resolution No. 08 -03, Approving Summary of Ordinance No. 01 -08 For Publication ACTION: 3/5 vote on Ordinance No. 01 -08 4/5 vote on Resolution No. 08 -03 BACKGROUND The City Council approved the first reading of Ord. No. 01 -08 on January 14. This is the second reading. The ordinance amends the Zoning Ordinance to establish a time limit for completion of work on building exteriors. Once adopted, all ordinances must be published in the official newspaper. However, state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves 011 publication costs. Resolution No. 08 -03 approves a summary of the ordinance The City Charter requires that all ordinances be read in full unless the reading is dispensed with by unanimous consent of the City Council. Staff recommends dispensing with the full reading. ANALYSIS The proposed amendment to the Zoning Ordinance would require that work on the exterior of a building be completed within a specified amount of time after the building permit is issued. The time period is longer for larger multifamily buildings and commercial buildings. Proposed new text is shown underlined. The Planning & Zoning Board conducted a public hearing on December 12, 2007 and recommended approval. OPTIONS 1. Dispense with reading the ordinance in full (unanimous vote needed). 2. Approve the second reading of Ordinance No. 01 -08 (3/5 vote needed). 3. Approve Resolution No. 08 -03 with the summary of the ordinance for publication (4/5 vote needed). 4. Do not approve Ordinance No. 01 -08 or Resolution No. 08 -03. 5. Return to staff with direction. RECOMMENDATION Options 1, 2, and 3 • • • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01-08 AMENDING THE ZONING ORDINANCE TO ESTABLISH A TIME LIMIT FOR COMPLETION OF EXTERIOR IMPROVEMENTS TO STRUCTURES The City Council of the City of Lino Lakes, Anoka County, Minnesota ordains: Section 1 Findings The City Council makes the following findings: 1) When building permits are issued but work on the exteriors of buildings is not completed for extended periods of time, the unfinished work can be an eyesore for neighboring property owners and lead to deterioration of building materials. 2) Section 2, Subd. 1 of the Zoning Ordinance governs amendments to the Zoning Ordinance. Section 2, Subd. 1.E. states that the Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The amendment to Section 3, Subd. 4.B. of the Zoning Ordinance to require completion of exterior improvements within defined time periods will support the Comprehensive Plan, which includes the following in the Land Use Plan section: General Goals: 1. Maintain and enhance Lino Lakes' positive identity. 3. Preserve, protect and enhance property values. Residential Goals: 1. Maintain and enhance the strong character of Lino Lakes' single family residential neighborhoods. Residential Policies: 10. Adhere to the highest community design and construction standards for new multiple family housing construction projects. Commercial Policies: 3. Require commercial development in Lino Lakes to meet architectural performance standards which assure the creation of attractive, functional and durable structures. Different standards may be established for different areas. Industrial Policies: 6. Require industrial development in Lino Lakes to meet building performance standards which assure the creation of attractive, functional and durable structures. These standards will be established to pursue quality throughout the community, both at the time of development and in the future. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. These do not apply to the proposed amendment to the text to require completion of exterior improvements. 3) A notice of the public hearing was published in the official newspaper. The Planning & Zoning Board conducted a public hearing on the amendment on December 12, 2007 and recommended approval. Section 2 The Zoning Ordinance of the City of Lino Lakes, passed the City Council on March 10, 2003 as Ordinance No. 08 -03 and subsequently amended is hereby amended as shown below. Underlined text is to be added. SECTION 3 GENERAL PROVISIONS Subd. 4 General Building and Use Provisions. B. Building Type and Construction. 6. Completion of Exterior Improvements a. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City- approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. Ordinance No. 01 -08, page 2 -46- • • • • • • b. All exterior improvements of a structure, or portion thereof. to multiple family dwellings of more than twelve (12) units or any commercial, industrial, office, institutional or non - residential structure shall be completed in accordance with City - approved construction plans within one (1) year after the date the City issued the building permit. c. In all cases, the compliance deadline shall be upheld unless: 1) the process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs a. and b. above; or 2) a written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. d. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs a. and b. above (Ordinance No. 01 -08), the time period for the limits begins with the effective date of the amendment establishing the time limits. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of January, 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: Whereupon said ordinance was declared duly passed and adopted —47— Ordinance No. 01 -08, page 3 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-03 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 01 -08 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 01 -08, Amending The Zoning Ordinance To Establish A Time Limit For Completion of Exterior Improvements To Structures; and WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary in Attachment A clearly informs the public of the intent and effect of Ordinance No. 01 -08, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 28th day of January, 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • ATTACHMENT A, Resolution No. 08 -03 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 01 -08 AMENDING THE ZONING ORDINANCE TO ESTABLISH A TIME LIMIT FOR COMPLETION OF EXTERIOR IMPROVEMENTS TO STRUCTURES Section 1 Findings: 1) When building permits are issued but work on the exteriors of buildings is not completed for extended periods of time, the unfinished work can be an eyesore for neighboring property owners and lead to deterioration of building materials. 2) The proposed action has been found to be consistent with goals of the City Comprehensive Plan relating to enhancing community identity and character, protecting property values, and establishing architectural performance standards. 3) A public hearing was held on December 12, 2007. Section 2: The Zoning Ordinance is hereby amended by adding the underlined text shown below: SECTION 3 GENERAL PROVISIONS Subd. 4 General Building and Use Provisions B. Building Type and Construction. 6. Completion of Exterior Improvements a. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City - approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. b. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve (12)_ units or any commercial, industrial, office, institutional or non - residential structure shall be completed in accordance with City- approved construction plans within one (1) year after the date the City issued the building permit. c. In all cases, the compliance deadline shall be upheld unless: 1) the process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs a. and b. above; or 2) a written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building protect. Attachment A, Resolution No. 08 -03, page 1 of 2 —49— Section 3: As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4: This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council on January 28, 2008. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. Attachment A, Resolution No. 08 -03, page 2 of 2 —50— • • • • • • AGENDA ITEM 6.C. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: January 28, 2008 TOPIC: Continued Public Hearing 1st Reading of Ordinance 17 -07 Vacating a portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove VOTE REQUIRED: 4/5 BACKGROUND Stephen & Jacklyn Tlachac have requested that the City Council vacate a portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove. They are requesting that the 30 foot easement along the south property line be reduced to allow them to make improvements including a swimming pool and deck. ANALYSIS The easements as platted on the Park Grove plat included a thirty foot wide easement on the south property line of this lot. The City Engineer has determined that only 15 feet of easement area is necessary for the city to maintain the drainage patterns of the surrounding area in perpetuity, and no documentation has been found to identify why the easement was platted at 30 feet in width. The City Engineer has visited the site and met with surrounding property owners in an attempt to address their concerns about drainage in the area. As a result, it has been identified that there is a drainage issue in the area that is completely separate from this vacation request. This issue will be addressed within the 2008 surface water management project, and the necessary improvements can easily be made and maintained with the reduced easement width. RECOMMENDATION Staff recommends approval of the l5' Reading of this Ordinance. ATTACFIMENTS 1. Ordinance No. 17 -07 2. Vacation Exhibit Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 17 -07 AN ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 16 BLOCK 4 OF THE RECORDED PLAT PARK GROVE. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate a permanent roadway easement: 1. Stephen & Jacklyn Tlachac have requested that the City Council vacate a portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove. 2. A public hearing was held on January 14, 2008 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on October 25, 2007 and all persons interested were given an opportunity to be heard; 3. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that drainage and utility easement described as follows are hereby vacated: The north 15 feet of the south 30 feet of Lot 16, Block 4, PARK GROVE, Anoka County, Minnesota, except the east and west 5 feet of said Lot 16. Section 3 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. —52— • • • • John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 4th day of February, 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: Whereupon said ordinance was declared duly passed and adopted. • • ,ERTIFICATE OF. SURVEY or: Mac Moy Mom e s 0 r Denotes proposed elevation. Denotes direction of drainage. Denotes wood hub at 11 foot offset. Dot °� e .1 Z t 'kJ :ql Lo/!C, a /ockd, Park ()rove , ,4noka C00/7/If J iiaj,= B4XSS.E7= loo -g 77P LOA/S Pl° A- 13 °59113 it 90.56 1,41°30 E .0 18 end '$ /- - g.o� I4 17T\ (gne+'c') &a o Proposed U2�) Nose Proposed Elevations: Top of Block = 903.1 Garage Floor 9oP•7 Basement level = B9S.o(I? ■ v? / „Cant f .1 \5 Wv‘i(ver.irli7/ff.4 are men .12S,20 N9°27'33 "k/ 894.9 SCALE: 1 Inch = ,.D Feet 0 Denotes Iron Bearings shown ore assumed. Job No i40701/S Bk. Pg • We hereby certify that boundaries of the above thereon, and all visible 4ated this I sr day of this is a true and correct representation of a survey of the described land and of the location of all buildings, if any encroachments, if any , from or on said land. E.G. RUD a5QNS, INC. E.G. RUD & SONS, INC. LAND SURVEYORS 9l3OLexington Avenue N. Circle Fines, Minnesota 55014 • • AGENDA ITEM 6.D. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: January 28, 2008 TOPIC: Resolution 08 -15 Variance to allow a 429 foot side yard setback for an existing detached accessory structure (garage) where 5.0 feet is required. Kenneth Muehlstedt 2221 Reiling Road Section 5, Subdivision 2 of the City of Lino Lakes Zoning Ordinance requires that a 5- foot side setback be provided for all accessory structures in the Rural Executive zoning district. The property owner was notified that a portion of the structure was encroaching on the setback. He requested a Variance in 2005, was recommended for denial by staff and the Planning and Zoning Board, and subsequently withdrew the application before it went to City Council. He then removed what was thought to be the offending portion of the structure, the west five feet of the shed addition. In the fall of 2007 the neighboring property owner again brought up the issue of the setback and it was reviewed by staff It was at this time that the property owner was informed that the setback of the garage itself was believed to be deficient and this application came about. The applicant has since obtained a certificate of survey which depicts a 4.29 foot setback where 5.0 feet is required, a deviation of 14 %. This is the only request that is being made by the property owner at this time. The other zoning violations on both this property and the neighboring property will be corrected when weather permits. When the building was proposed the city did not require the submission of a survey. Simple line drawings indicating the required setback are acceptable, as long as the property owner can demonstrate to the building department that they do know the location of property lines. This is done by finding property monuments that are placed in the ground when the subdivision is platted by the developer. The rear property line is placed on a great slope that makes identifying the position of that pin very difficult. As such, the property owner believed to be meeting the appropriate setback, and represented enough evidence to the building official to lead them to believe that as well. Since the neighboring property at 2215 Reiling Road was vacant at the time, it wasn't until the lot was developed that anyone noticed the discrepancy. BACKGROUND 4/21/1987 A building permit was issued for a 26 -foot by 30 -foot (780 square foot) detached accessory structure (garage) for the subject property. ? / ? ? / ? ? ?? At some point the property owner built a 10 -foot by 30 -foot (300 square foot) addition to the rear of the garage without obtaining the proper building permits from the city. (Permit was eventually obtained) 1/24/2003 The city received, as part of a building permit application for the adjacent property to the west, a certificate of survey from Kurth Surveying, that depicted the properly permitted structure and the attachment both within the five foot setback area as required in the R -X (Rural Executive) zoning district. 4/23/2004 The City of Lino Lake's Building Department contacted the resident at 2221 Reiling Road in regards to the certificate of survey submitted for the construction of a single family dwelling at 2215 Reiling Road. This survey depicted a portion of the existing detached accessory structure (garage) setback 1.2 feet from the side property line. The resident was informed that the structure would either need to be made to meet the 5.0 feet setback, and if it were to remain in any way, the resident would need to obtain a building permit. 9/17/2004 The City of Lino Lake's Building Department again contacted the resident at 2221 Reiling Road on September 17, 2004 to reiterate the options for the existing detached accessory structure (garage). 11/24/2004 The Community Development Department received an application for this Variance request to allow a 1.2 -foot side setback for a detached accessory structure (garage) where 5.0 feet is the minimum required by the zoning ordinance. 1/12/2005 The Planning and Zoning Board voted to recommend denial of the Variance request. 3/22/2005 Mr. Muehlstedt had a property sketch completed by Hult & Associates. This document is attached, and clearly states that the existing property line monuments do not match the corresponding recorded distances shown on the plat for the Otter Lake Hills subdivision. 3/24/2005 Mr. Muehlstedt withdrew the Variance request prior to it continuing to City Council. 3/30/2005 Mr. Muehlstedt obtained a demolition permit to remove a portion of the shed addition to bring it into conformance with the five foot setback requirement, and obtained a building permit for the addition. Staff and the property owner both believed that this completed enforcement on the issue and closed the case. After this was completed the neighboring property owner requested that the city review the structural integrity of the shed addition. It was determined that the shed addition was not structurally sound and would need to be corrected. 8/30/2007 Structural repairs proposed by Mr. Muehlstedt were reviewed by both the City's Building Official and a Structural Engineer and determined to be adequate. 8/31/2007 The neighboring property owner raised the issue of the setback for the original garage, which was not believed to be encroaching into the setback area and requested that the city enforce its ordinance. • • BACKGROUND (Continued) • 9/05/2007 The City's Building Official inspected the structural repairs to the shed addition and determined that they were completed in accordance with the previously reviewed plans. Therefore the shed addition to the garage meets all of the city's ordinances and is no longer an issue. 10/01/2007 The Community Development Department informed Mr. Muehlstedt that the existing garage was believed to be closer than five feet to the property line and that a Variance would be required to allow it to remain in its current state. 10/17/2007 Mr. Muehlstedt submitted an application for a Variance to allow the existing structure to remain. 10/17/2007 The neighboring property owner raised the issue that Mr. Muehlstedt's fence was actually sited over the property line. 10/23/2007 Staff requested that Mr. Muehlstedt obtain an updated survey so that the extent of the encroachment could be clearly identified. 10/26/2007 The city's Building Official informed the City Council and City Attorney of the review process of Mr. Muehlstedt's shed addition. This memorandum is attached, and stafF considers this issue to be closed. 10/29/2007 Kurth Surveying issued an update to the 2004 survey of the neighboring property. This update is hand written and states that the location of Mr. Muehlstedt's fence was known to be encroaching when the survey was completed, but no information as to this fact was shown on the survey at the time. This survey indicated that the fence encroaches as much as 0.3 feet onto the neighboring property. 11/14/2007 The neighboring property owner attended the Planning and Zoning Board meeting to speak at open mike. They expressed concern over the delay in having the action heard, and over the structural repairs to the shed addition that were completed by Mr. Muehlstedt. Staff explained that an updated survey would be the best avenue to define the Variance requests. As of September 5, 2007 the shed addition was considered to be completely in compliance with the city's ordinances and is therefore not an issue. 12/10/2007 Mr. Muehlstedt submitted a new certificate of survey which is the basis of this application and review. VARIANCE FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Reasonable use of the garage, which was permitted, constructed, and inspected at what was believed to be the appropriate setback; would be eliminated if the setback was strictly enforced in this case. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. Due to the topography of the lot, the location of the rear property corner is extremely difficult to ascertain and verify. At the time of the building permit for the structure, no survey was required and the property owner believed he was meeting the setback requirement. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The structure was permitted, constructed, and inspected approximately twenty years ago and was believed to meet all ordinances at the time. Since then more thorough information has identified that the structure is encroaching approximately 8.5 inches into the setback. While the structure could be removed and reconstructed to meet the ordinance, the cost would be extreme in comparison to the minor nature of the variance being requested. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. A 0.71 foot reduction to the side yard setback is a minor deviation from the ordinance, and is not dissimilar to previous variances granted to existing structures that encroached upon setbacks. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. A 0.71 foot reduction to the side yard setback is a minor deviation and will not contravene the spirit and intent of the ordinance. PLANNING AND ZONING BOARD On January 9, 2008 the Planning and Zoning Board unanimously recommended approval of the Variance request based on the certificate of survey and findings of fact presented by staff RECOMMENDATION Staff is recommending adopting Resolution 08 -15, approving the Variance request based on the certificate of survey and findings of fact. ATTACHMENTS Resolution 08 -15 Applicant's justification letter Certificate of Survey submitted December 10, 2007 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-15 RESOLUTION APPROVING A VARIANCE TO THE DETACHED ACCESSORY STRUCTURE SETBACK FOR THE PROPERTY AT 2221 REILING ROAD. WHEREAS, the City has received an application for a Variance to allow an existing detached accessory structure to remain at 2221 Reiling Road, described as follows: Lots 11 and 12, Otter Lake Hills, Lino Lakes and; WHEREAS, the zoning ordinance requires a 5 foot side setback for detached accessory structures; and WHEREAS, the property owner constructed a detached accessory structure that is 4.29 feet from the side property line; and WHEREAS, a public hearing was held before the Planning & Zoning Board on January 9, 2008; and WHEREAS, as required by Section 2, Subdivision 4 of the zoning ordinance, the City Council made the following findings of fact regarding the structure: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Reasonable use of the garage, which was permitted, constructed, and inspected at what was believed to be the appropriate setback; would be eliminated if the setback was strictly enforced in this case. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. Due to the topography of the lot, the location of the rear property corner is extremely difficult to ascertain and verify. At the time of the building permit for the structure, no survey was required and the property owner believed he was meeting the setback requirement. —59— c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The structure was permitted, constructed, and inspected approximately twenty years ago and was believed to meet all ordinances at the time. Since then more thorough information has identified that the structure is encroaching approximately 8.5 inches into the setback. While the structure could be removed and reconstructed to meet the ordinance, the cost would be extreme in comparison to the minor nature of the variance being requested. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. A 0.71 foot reduction to the side yard setback is a minor deviation from the ordinance, and is not dissimilar to previous variances granted to existing structures that encroached upon setbacks. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. A 0.71 foot reduction to the side yard setback is a minor deviation and will not contravene the spirit and intent of the ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the side setback for the existing detached accessory structure at 2221 Reiling Road based on the certificate of survey submitted on December 10, 2007. Passed by the Lino Lakes City Council this 28th day of January 2008. John J. Bergeson, Mayor AT EST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of January, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • Kenneth Muehlstedt 2221 Reiling Road Lino Lakes, MN 55110 612- 240 -5178 October 15, 2007 RE: Variance Application To whom it may concern: In 1984 the City of Lino Lakes through TKDA & Associates (TKDA) contracted out the installation of Reiling Road to Northern Asphalt. Northern Asphalt sub- contracted the removal of trees and the grading of the road to Dell Contracting; while bulldozing the road, Dell Contracting removed all the front survey pins up and down Reiling Road. I informed John Davidson of TKDA that the survey pins had been removed and Mr. Davidson sent out a survey crew to replace the pins. At the time, Reiling Road dead -ended at my property and only my survey pins were replaced. In 1987 I applied for a permit to build a 26 x 30 garage; I based the placement of the garage on TKDA's survey which at the time was well within the five -foot setback. In 1992 Reiling Road was extended west beyond my property. In 2002, Sally Bachmeier and Lloyd Chalupsky purchased lot 10 adjacent to the west of my property. Ms. Bachmeier and Mr. Chalupsky informed me that the northwest corner of my garage was 6 to 8 inches off the setback; they said they didn't have a problem with it but wanted me to be aware of it. There have been numerous disagreements between us which resulted in Ms. Bachmeier and Mr. Chalupsky bringing legal action against me and in turn the courts found that "the Plaintiffs' testimony lacking in credibility ". After losing two trials and an appeal, the setback and other issues became a problem to Ms. Bachmeier and Mr. Chalupsky. A permit was issued for my garage and was inspected and approved by the City of Lino Lakes building official Mr. Pete Kluegel; Mr. Kluegel based his inspections on the same survey done by TKDA. A recent survey done by Hult & Associates (see - attached survey) states "the plat of Otter Lake Hills does not meet the standards set by Minnesota Statue 505 ... ". I am asking for a variance on a very small portion of my garage that was constructed over 20 years ago (see enclosed digital photographs). Also enclosed you will find photos of my driveway which has also been questioned as to the setback requirements. See enclosed survey that shows the driveway setback at 7'1 "; the radius on the west side is closer to the property line but is in the 15' right of way. Respectf Kenneth Muehlstedt Enc. —61— CERTIFICATE OF SURVEY FOR KEN MUEHL,S TED T PROPERTY ADDRESS: 2221 REILING ROAD LINO LAKES, MN 55014 A 1 1 eN / 1 I S89°09'37°W 100.00 of ' oc ye- SET IRON r vw EE LOT 11 P\ SET IRON I 1 FILE COPY • I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am o duly Licensed Land Surveyor under the laws stot of Minnesota. Ronald P.Alwin ` DATE 1 I 66-7 LIC. NO 17765 DESCRIPTION: LOT 11, OTTER LAKE HILLS, ANOKA COUNTY, MN Subject to easements of record, if any. -62- Ts.ae" Ys p beo,(76p966134 Fc17 101091 8166 Upleod: Nod+ 1730. M.Ff Ovum M N 55364 4! 5 w.r....meed.� >�t �� may Yr.AJ.F�•A�11rs MLSE Memo Land Engineering DRAWN BY 5 PROJECT NUMBER 2099.0010 BOOK _ PACE • AGENDA ITEM 6E STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: James E. Studenski, City Engineer January 28, 2008 Resolution No. 08 -13, Concurring with the Minnesota Department of Transportation proposal to construct noise walls along the north side of 3 5W between Sunset Road and Savannah Court Simple Majority BACKGROUND: In July 2007 the Minnesota Department of Transportation (MNDOT) contacted the City regarding the Metro Division Highway Traffic Noise Abatement Study. MNDOT analysis of the results of this study ranked the area north of 35W from Sunset Road to Savannah Court, as shown on the attached map as having a high priority for noise wall construction. The study took into account the residential density of the area, proximity to 35W and the noise impact based on readings taken in the area. This item was discussed at the October 1, 2007 City Council Work Session meeting. On October 29, 2007 a neighborhood meeting was held with residents from 50 properties on the north side of 35W between Sunset Road and Savannah Court in attendance. All the residents in attendance expressed support for the construction of a noise wall except for Pomp's Tire, a commercial business located on Apollo Court. The noise wall will be approximately 2,320 feet long, 20 feet high and will be made up of large concrete posts and wood planking. To minimize tree pruning, tree removal, tree replacement and the impact of wall construction on adjacent properties, the wall alignment will vary form 10 to 20 feet from the right -of -way line of 35W. Noise wall planking will be placed on the residential side of the wall when it is 10 feet from the right -of -way line and will be placed on the 35W side in all other locations. Also attached are the MNDOT preliminary plans for the noise wall. MNDOT has estimated the wall cost to be approximately $835,000, which will be 100% percent funded by the MNDOT noise abatement program. Any costs for additional noise wall aesthetics or additional plantings will be the responsibility of the City. MNDOT and the City have completed the preliminary phase of the noise wall design; the next step will be a resolution authorizing MNDOT to complete plans and specifications and construct the noise wall. The project schedule will depend on MNDOT funding with the contract to be tentatively awarded in the either the fall of 2009 or the fall of 2010. RECOMMENDATION: Staff recommends the approval of Resolution No. 08 -13, Concurring with the Minnesota Department of Transportation proposal to construct noise walls along the north side of 3 5W between Sunset Road and Savannah Court. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -13 CONCURRING WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION PROPOSAL TO CONSTRUCT A NOISE WALL ALONG THE NORTH SIDE OF 35W FROM SUNSET ROAD TO SAVANNAH COURT WHEREAS, the Minnesota Department of Transportation ( MNDOT) plans to construct a noise wall from Sunset Road to Savannah Court as shown on the attached preliminary plans; and WHEREAS, in order for MNDOT to proceed with the preparation of plans, concurrence is needed from the Lino Lakes City Council; and WHEREAS, the majority of the property owners adjacent to the proposed noise wall project are aware of and support the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Council of the City of Lino Lakes herby concurs with the Minnesota Department of Transportation proposal to construct a noise wall on the north side of 35W from Sunset Road to Savannah Court. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of January, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • g1,17C1)? NOISE WALL v ga, • 11111. al MI • NO3 1 1 An% axame. 1 1 HEATHER CT N I1 • MEADOW CT 13 NO ,ft AIL_ or -Mr Jae_ am .1! Lu co 0 0 uJ CL1- LLJ Lu 0 IjJ LLJcc C•1 CO 1— 0 - J - J co 0 CI) w 0 (i) w CL I= w w 2 0 0 CL 0 caw z V 0 (/) C Z CD CD u_ JANUARY 7, 2007 DID NOT SUBMIT A RESPONSE ..IMEN■■ RCHITECTS • Pt.ANNERS In Ir1 OE F- 00 (f) 0 lfi 0 �n NOTES ALL LO(AI1ONS WHERE THE N01SE.VALL 15 LOCATED 10 FROM THE I TRN1 nF YWAY. THE PLM=?1C Iwr WFI I BE QN THE RFSUDENTHAl. 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THE PLANK IG ILL BE 01 flE H11€ 4AY SIDE, 0 00 - THE SIDE THAT HAS THE PLANKING WILL REQUIRE APPROXIMATELY A 10' WIDTH OF WORKING AREA c■I - THE NOISE WALL HORIZONTAL ALIGNMENT HAS BEEN SET SO THAT ALMOST 1= ' LOTTED /REVISED ALL INPLACE EVERGREEN TREES CAN BE SAVED. - ALL PRUNING SHALL BE KEPT TO A MINIMUM TO INSTALL THE NOISE WALL. THE MAXIMUM AMOUNT DF PRUNING SHALL BE NO MORE THAN 50% OF THE TOTAL TREE HEIGHT. NOTE: THE RIGHT OF WAY AND EASEMENTS SHOWN ° � ON THE PLAN SHEETS GIVE A GRAPHICAL LOCATION WITH RESPECT TO THE GEOMETRIC DESIGN AND MAP DATA. THE EXACT RIGHT DF d 0 WAY, EASEMENTS, AND BOUNDARY CORNERS ARE LOCATED BY REFERENCE TD THE RIGHT OF 0 0 WAY PLATS AND ARE IDENTIFIED ON THE RIGHT OF WAY MAP, WHICH SHALL BE USED FOR STAKING PURPOSES. 0 �a. 0 0 Lu 0 x 0 0 0 0 0 0 0 0 0, cp PRUNE RESIDENTIAL TREES BRANCHES THAT ARE ON THE RIGHT OF WAY FENCE OR WILL IMPACT PURPOSED NOISE WALL. 0 0 0 I 0 nom. C) 0 0 0 0 9$5 109th AVE. 0 000 INPLACE BR. NO. 9831 1T. 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CITY COUNCIL WORK SESSION November 5, 2007 DRAFT • 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : November 5, 2007 5 TIME STARTED : 5:35 P.M. 6 TIME ENDED : 9:35 P.M. 7 MEMBERS PRESENT : Council member Carlson, Reinert, O'Donnell, 8 Stoltz, and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff Members Present: City Administrator, Gordon Heitke; Finance Director, Al Rolek; 13 City Engineer, Jim Studenski; Community Development Director, Michael Grochala; 14 Director of Administration, Dan Tesch; Economic Development Coordinator, Mary Alice 15 Divine; Public Service Director, Rick DeGardner; City Clerk, Julie Bartell 16 17 Hartford Group — Economic Development Coordinator Divine introduced Frank Janes 18 and Patrick Sarver of the Hartford Group. They will discuss a proposal for a senior 19 housing project for the Legacy at Woods Edge Project. Their proposal would require 20 some adjustments to the original master plan and they want to discuss them with the 21 council. An amendment to that land use plan would be required. Graphics were 411 22 distributed. 23 24 Mr. Janes noted that they have been working with staff on elements of the Legacy at 25 Woods Edge project that they believe could move forward. He remarked that the current 26 housing market makes this a challenging time. They are proposing a couple of projects 27 they think can move forward — a senior project and a multifamily project. He noted that 28 he would review the overall project to bring the council up to date. The graphics 29 reviewed were master plan site layout, southwest development conceptual layout and 30 conceptual layout site plan. 31 32 Mr, Janes noted that original plans had the senior site in a certain area and they are 33 proposing to move it adjacent to the park. They are trying to get a viable senior project 34 and the original location would be problematic with its commercial element in today's 35 market. Closer to the park would be preferable. They propose a building with a north 36 side portion with four stories, a middle portion with a two story center concept and then a 37 south portion tapering down to Three stories, similar to a project in Maplewood. They are 38 looking at 140 -160 units comprised of independent senior housing units (age restricted 39 senior apartment with no services — 40 units) along with the addition of independent 40 senior units with some limited services. Another component would be assisted living and 41 some "care suites ". This would provide a continuum of care similar to other projects they 42 have done. There would be a combination of 1 -2 bedroom units in the independent, and 43 the independent and assisted with services would be mostly 1 bedroom. Care suites . 44 would be more segregated to provide for more care. Community space is included — card 45 rooms, salon, movie room, often a chapel, etc. Underground parking is included for CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 46 residents and some employees. They would like the council comments on this project in 47 particular. 48 49 Mr. Janes explained the second project they are looking at. In between the townhome 50 piece and Lakewood Apartments, they are tentatively proposing a four- story/two story 51 market rate apartment project. This would provide an architectural component to frame 52 the roundabout. This would be limited to about 72 units due to the amount of site parking 53 feasibility. 54 55 A council member asked about how the commercial to residential ratio changes from 56 with this proposed senior component. 57 58 Mr. Janes responded that he believes there is some reduction in the commercial space and 59 he explained where some commercial would be lost. The retail market is very tight — the 60 current Lakewood building calls for 14,000 square feet of retail and currently there are no 61 tenants. The retail with the senior component will not be started. It is hoped that 62 bringing in the people with the senior project and possibly the additional rental project 63 will help in preparing the area for retail. From a master planning viewpoint, simplifying 64 the commercial plans seems to make the area more attractive to development market. It 65 would make the commercial more visible from the freeway ramp also. 66 67 The council requested that specifics on any net change should be provided as they are 68 available. 69 70 On the question of managing the senior housing, the developers explained that they 71 would move forward with development of the senior element upon city approval of the 72 plans and then work on management plans with owners and operators who specialize in 73 the area. It would be an owner and operator with experience in the field. The senior 74 housing market is good now and, based on demographics, should continue to be good. 75 The Hartford Group is experienced in the area of senior housing in general and looks 76 forward to presenting a strong proposal for financing. 77 78 The council believes that senior housing will be welcomed in the area. Even the new 79 YMCA has attracted a lot of seniors. 80 81 A council member expressed support for the senior project. One area that seems to be 82 lacking however is an opportunity for a senior living in the community to sell a house but 83 not go into rental. Concern was expressed about the addition of the apartment building 84 and how that affects the ratio of apartments and townhomes. All rental as an end product 85 is not acceptable. 86 87 Mr. Janes explained that the ratio was 60/40 — the senior and Lakewood project would 88 pretty much meet that 40 % so the addition of the apartment element would raise the 89 level. The apartments could be built with the idea that they could be a future 90 condominium conversion project. A change in the ratio is really necessary since the 91 condominium and townhouse market is completely flat. • • • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 92 93 Economic Development Coordinator Divine explained that the original development 94 agreement called for 450 homes with the 60/40 homeowner /rental but this would 95 basically reverse that to 40/60. 96 97 The two projects are brought forward separately. The senior project the developers are 98 confident they can do. They plan to ask for plan changes to facilitate development of the 99 rental building in the future. If they are asked to retain a condominium/townhome 100 project, they are doubtful that is something that could be brought forward within the next 101 24 months. 102 103 When a council member pondered the possibility of delaying the development, the 104 developers explained that it would not be wise because holding costs will remain and 105 escalate. They would like to move forward with a viable plan. 106 107 One council member expressed concern that the change in plans means the city isn't 108 getting what it was originally promised. If mixed use is not viable but was presented as a 109 selling point for the development, was it ever a good idea? Also it is disappointing to see 110 the increase in rental — that was not the original vision. There could be a shift in the 111 market sooner than later and a decision to change may be premature. 112 113 The Hartford Group representatives stated that they will be in a position to attract the 114 retail when the market makes that possible. The inclusion of retail was a part of the 115 original development plans dating back before Hartford's involvement but they still carry 116 the vision. Success for that mixed use can be created by bringing people into the area. 117 118 Another council member noted the importance of retaining a project even with some 119 changes. The senior component that is being requested is welcome. 120 121 A council member questioned how much parking is truly needed for senior housing since 122 cars become less used with a senior lifestyle. Staff explained that they do recognize that 123 nuance and generally would require less parking for senior housing. The developer has 124 experience from previous projects and feels comfortable they will be able to work with 125 city staff to get an appropriate parking ratio. 126 Community Development Director Grochala reviewed the proposed modifications in 127 detail. Staff will be working with the developers on technical issues brought about by 128 changes; staff is supportive of the senior housing component but not supportive of 129 changing some of the original plans, including all of the townhome portion. Overall it is 130 necessary to recognize and confront the market situation. 131 One council member expressed support for the inclusion of life cycle housing; it is an 132 important and growing area of the housing market. 133 The developer is hoping for a January 2008 submission requesting formal city approval 134 of the plans for the senior element. 135 CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 136 Zoning Ord. Amendment — Unsewered Residential Lot Requirement — Community 137 Development Director Grochala reviewed the proposed ordinance. The council had 138 directed staff to modify the amendment so that it would apply only to reverse mortgages, 139 however, the city attorney ruled against that suggestion. Staff has added some new 140 language that has been reviewed by the City Attorney including language that requires 141 that a structure remain on the lot to be divided. Also the city needs to receive written 142 verification of the requirements from the mortgage company. A recorded covenant must 143 be recorded restricting the owner from selling the portions separately, except in the event 144 that there is a foreclosure situation. 145 It was recommended that the proposed process should be checked with the financiers to 146 ensure this will accomplish what the city wants. 147 The council concurred that the process (referral of the ordinance to Planning and Zoning) 148 should continue. 149 2008 Budget — Finance Director Rolek noted that the council has had continuing 150 discussion about whether or not to include a change to in -house engineering services in 151 the 2008 budget. The council has not indicated a need for any additional information but 152 that their discussion of the issue would continue. 153 Since the council has a difference of opinion regarding moving on a change to in -house 154 engineering staff, a council member suggested that the decision be delayed (no in -house 155 services in 2008) but with a direction to include in the goals for 2008 a thorough analysis 156 for a discussion about inclusion in the 2009 budget. 157 Director Rolek explained that the impact to the 2008 budget of retaining the contracted 158 engineering services is negative $85,500. It is proposed that be covered by general fund 159 reserve. 160 One council member recalled (in writing) information distributed in 2003 that indicated a 161 higher amount that included an additional support position. Also the TKDA contract was 162 shown with a not -to- exceed amount. 163 Director Grochala recalled that the 2003 figures considered the community development 164 budget only and didn't take into consideration storm water, sewer and water costs that are 165 charged out. There was no pavement management or as extensive a surface water 166 management program in 2003. The support staff position has already been added so that 167 is no longer a part. 168 When asked if it would be possible for TKDA to offer a not -to- exceed cost for the 2008 169 funding year, staff indicated that would be a difficult proposal since the costs are mostly 170 reactive, dependent on work that comes forward. 171 City Engineer Studenski announced that it could be possible to get a not -to- exceed but 172 the specifics would have to be designated. 173 It was recommended by a council member that if funding for a support staff person is 174 included in one scenario, it should be included in both so that the numbers are true. 175 There was general concurrence with putting off the decision for change but also general 176 concern about the use of general fund reserve (savings) to cover the $85,500 budget 177 deficit. Could the proposed budget be further reduced to cover the deficit? -68- • • • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 178 Finance Director Rolek indicated that the reserve is put forward as a possibility mainly 179 because the budget is pretty much bare bones already. 180 In looking at the 2008 budget further, a council member recognized that the changes in 181 valuations and base budget and how the city will address and meet those challenges 182 should be a part of strategic planning in the coming year. 183 Finance Director Rolek indicated that he will proceed with the budget amendment 184 previously proposed by staff if the council did not wish to approve the in -house 185 engineering proposal. 186 The council concurred that deleting the second clean-up day should be revisited in time to 187 possibly add the fall event next year. 188 2008 -2012 Five -Year Plan - Finance Director Rolek reviewed the plan, as presented. He 189 noted that the plan is truly a compilation of city department directors presenting their 190 forecasts with consideration of city goals and obligation for services considered. 191 The plan anticipates an overall increase in expenditures of 45.72% over five years. 192 Anticipated growth in the tax base related to real estate value has been revised downward 193 reflective of that market. The net overall growth in tax base included in plan is 25.29 %. 194 Therefore the plan does forecast a tax rate increase. There is a general inflation factor 195 included but also specific consideration given in some areas such as energy and insurance 196 costs. Anticipated increased staffing needs, including police that will hopefully be 197 covered by grant funds, are included. The plan is considered a guideline and it does not 198 constitute authorization for future spending. 199 The cost drivers are personnel and capital costs. 200 One council member noted the change in the personnel requirements of the previous plan 201 (last year's approval) versus this plan. He'd like more time to review the details. 202 Director Rolek noted that the growth rate is really the driving factor since the previous 203 plan estimated a growth trend. The personnel costs are really not that much different. 204 The council has a resolution in place requiring a public hearing and approval of a plan in 205 December. 206 A council member suggested that more time for analysis is needed. The tax rate increase 207 will certainly be an item of discussion. 208 A member suggested that the name of the document be changed from a "plan" to a 209 "guideline ". It was clarified that the City Charter calls for the plan by name. 210 Another member suggested that "tackling" the assumptions and how the council will deal 211 with them should be a certain item on the first strategic planning session in 2008. 212 It may be appropriate for the council to consider a different schedule of consideration 213 since the circumstances that determine plan details have changes quite drastically. 214 The estimate of valuation is a big factor; can that information be gained any sooner in the 215 regular process? 216 Director Rolek indicated that that receipt of that information is completely reliant upon 217 when it is available from the County. CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 218 The council concurred that taking the time to look at the plan properly is more important 219 than meeting an arbitrary deadline established by a council resolution. A special meeting 220 will probably be required and it may not be approved by the end of the year. 221 Director Rolek suggested that council could bring back questions to the next pre - council 222 meeting work session just for staff to receive them and use them to set up a larger 223 discussion. 224 It was suggested that the large increase in personnel in one year should be a matter of 225 review. 226 2008 Fee Schedule — City Clerk Bartell explained that, for efficiency and clarity, the city 227 chooses to consolidate city fees into one ordinance that is adopted on an annual basis. 228 The city's current fee schedule has been reviewed by staff and recommendations 229 submitted for updating. Changes recommended by staff include an increase in the city's 230 tobacco license fee, clarification of the city's policy and fees regarding provision of 231 public data, creation of fees associated with the city's new rental housing licensing 232 regulations, and general updates to building fees. The fee schedule, in ordinance form, 233 will be presented for first reading at the November 13 city council meeting. 234 Compensation System Audit RFP — Director Tesch noted that the draft RFP requested 235 by the council is presented for review. 236 When asked how many RFP's would be sent out, Director Tesch noted four 237 organizations. 238 Regarding pay for performance, that should be a component of the regular compensation 239 system. 240 Without major changes, this could be sent out this week. The allowed time for response 241 is 30 days. 242 The council authorized staff to issue the RFP. 243 Minnesota Gang Strike Force — Public Safety Director/Police Chief Pecchia offered a 244 verbal explanation of the task force options that the department has considered. 245 The city is eligible to participate in this strike force in the metropolitan component. 246 There is a $50,000 grant offer per year (starting in 2008) to get a handle on a gang 247 presence or activity in the community and to serve the county as a whole. While there 248 may not be recognized gang activities in the city but there is some presence and this 249 would be a way to be proactive on gang related activities. 250 The city must provide the time of an officer (paid by grant funds) and the department 251 would absorb any other related costs in their 2008 budget. 252 The Chief supports accepting the $50,000 grant and even though there is some cost to the 253 of absorbed in the 2008 budget. 254 The council authorized that the necessary paperwork be placed on a future council 255 agenda. • • • • • • CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 256 Rice Creek Watershed District Appointment — Administrator Heitke noted that this is 257 a reminder to the council that the city may chose to participate in this process. The 258 hydrological area that has an open position does contain a portion of Lino Lakes. 259 It may be good in the future to discuss with and submit a list in conjunction with other 260 cities in the district. 261 When a board representative who does live in Lino Lakes is considered for 262 reappointment, the council would like to hear from them. 263 West Oaks Sewer and Watermain Extension Petition - Engineer Studenski explained 264 that the city has received a petition from residents of the West Oaks Subdivision to 265 pursue the extension of sewer and water services. This is not an area scheduled for the 266 requested improvements or street reconstruction. Study of this request means that a 267 feasibility study would need to be prepared and since that involves a cost to the city, staff 268 requests council direction on how to proceed. 269 The council was concerned that these will be expensive improvements. Is there a way to 270 pass on the cost of the feasibility study? Also, the petition only requires fifty percent; 271 what do the rest of the residents think? 272 Getting feedback from all the residents could be an option. The engineer could send a 273 letter providing cost estimate information and other details and asking if residents would 274 be interested in paying for the feasibility study. 275 What does the submission of a petition require from the city? The city is only required 276 to accept the petition. 277 One council member suggested that there could be a meeting held at city hall providing 278 more details but the city engineer replied that there would no doubt be a low turn out so 279 that's not the best way to reach the most property owners. The suggestion was then to 280 offer the opportunity of a meeting in the previously mentioned letter. 281 The council will receive a draft letter at the December work session and can then await 282 feedback. The need for neighborhood meetings can be determined. 283 Communication Policy (Reinert, Bergeson agenda request) — The question relates to 284 establishing a policy regarding communication expectations. 285 Ideas for requests going in: shouldn't sit idle for many days (response within 24 hours 286 during the week - even a response about when a full response will be available); 287 courteous communication should be the key. 288 One suggestion is that a standardized form could be forwarded through the city clerk. 289 The city clerk could be responsible for forwarding the request to appropriate staff with an 290 estimate for response time. A copy to other council members should be a part of the 291 process. 292 One concern of the past has been excessive data requests that take huge amounts of time 293 and resources. All requests could be tracked and reported on a regular basis. 294 A council member commented that it would be a waste of time to track requests since 295 provision of public data isn't a option but a legal responsibility. CITY COUNCIL WORK SESSION November 5, 2007 DRAFT 296 It was suggested that the clerk conduit could be a back up when timely responses aren't 297 received. 298 Perhaps just the addition of a standardized form would be all that is needed. 299 The council concurred that an acknowledgement to a request is always needed. Also a 300 point of closure is important that is agreed upon and understood by staff and council. 301 Every council member doesn't need to a part of each request until the end. The final 302 product should be provided to all council members. 303 Staff will come back in December with a policy proposal. 304 2008 City Council Meeting Schedule 305 Council may want to reserve it's "off Mondays" for special work sessions. 306 The schedule for budget discussions should be moved up to allow more time. 307 Review of November 13 regular meeting agenda 308 There were no changes to the council agenda. 309 The meeting was adjoumed at 9:30 p.m. 310 311 These minutes were considered, corrected and approved at the regular Council meeting 312 held on January 14, 2008. 313 314 315 316 317 318 Julianne Bartell, City Clerk John J. Bergeson, Mayor • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES DECEMBER 17, 2007 : December 17, 2007 . 5:30 p.m. . 6:00 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz, and Mayor Bergeson : none Staff members present: Community Development Director, Mike Grochala; Director of Public Safety, Dave Pecchia; Director of Finance, Al Rolek; City Engineer, Jim Studenski; and City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS Outgoing Council Member Carlson requested confirmation of when her service will officially cease as the Lino Lakes council representative to the Vadnais Lakes Area Water Management Organization (VLAWMO) and Centennial Fire Steering Board. Staff will report back to Council Member Carlson. The regular council agenda was reviewed. Item 7A, the work session minutes of November 5, 2007, were removed for further review. There were no other changes to the council agenda. The meeting was adjourned at 6:00 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on January 14, 2008. Julianne Bartell, City Clerk John Bergeson, Mayor • • • COUNCIL MINUTES December 17, 2007 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : December 17, 2007 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz; Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Community Development Director, Michael Grochala; City Engineer, Jim 13 Studenski; Director of Public Safety, Dave Pecchia; Finance Director, Al Rolek; and City Clerk, Julie 14 Bartell 15 16 PUBLIC COMMENT 17 18 No one was present for public comment. 19 20 SPECIAL PRESENTATION 21 22 A plaque was presented to outgoing Council Member Carlson in honor of her years of service to the 23 council. 24 25 SETTING '11:11, AGENDA 26 27 The agenda was amended to remove Item 7A, the minutes of the November 5, 2007 work session. 28 29 CONSENT AGENDA 30 31 Council Member Reinert moved to approve the Consent Agenda. Council Member O'Donnell 32 seconded the motion. Motion carried unanimously. 33 34 ITEM ACTION 35 36 Expenditures: 37 i) December 7, 2007 (Check No. 81870- 81931), 38 $815,537.15; Approved 39 ii) Centennial Fire District (Check No. 2993- 40 3011), $10,912.47 Approved 41 42 December 10, 2007 City Council Meeting Minutes Approved 43 44 December 10, 2007 Truth in Taxation Hearing Minutes Approved 45 1 —74— COUNCIL MINUTES December 17, 2007 DRAFT 46 Application of Aquinas Roman Catholic Home Education 47 Services to conduct an excluded bingo event on 48 January 25, 2008 at St. Joseph's Church Approved 49 50 Resolution No. 07 -212, Extending the Adoption Date for 51 the 2008 -2012 Five Year Financial Plan Approved 52 53 54 FINANCE DEPARTMENT REPORT, AL ROLEK 55 56 Resolution No. 07 -208 Adopting the 2007 Tax Levy Collectible in 2008 — Finance Director Rolek 57 noted that the council has reviewed the proposed 2008 budget at several meetings and held the Truth - 58 in- Taxation hearing on December 10, 2007. It is therefore appropriate for the council to consider 59 adoption and authorize certification of a final 2007 tax levy, collectable in 2008. Action is required 60 on or before December 28, 2007. 61 62 Council Member Stoltz moved to approve Resolution No. 07 -208 as presented. Council Member 63 Carlson seconded the motion. Motion carried unanimously. 64 65 Resolution No. 07 -209 Adopting the 2008 General Operating Budget — Finance Director Rolek 66 noted that it is appropriate for the council to adopt and authorize certification of a final 2008 General 67 Fund Budget. Action is required on or before December 28, 2007. The council has reviewed the 68 proposed budget and a public hearing has been held. The budget provides for the tax rate to hold 69 steady for 2008. The budget provides resources for the City Council's priorities as well as a 70 contingency. 71 72 Council Member O'Donnell moved to approve Resolution No. 07 -209 as presented. Council 73 Member Stoltz seconded the motion. Motion carried unanimously. 74 75 Resolution No. 07 -210 adopting the 2008 Water and Sewer Operating Budget- Finance Director 76 Rolek noted the proposed 2008 water and sewer operating budget before the council. The city is in 77 the process of receiving the results of a rate study so there will be more discussion on that portion of 78 the budget in the coming year. The budget, as presented, is based on current rates. 79 80 Council Member Reinert moved to approve Resolution No. 07 -210 as presented. Council Member 81 O'Donnell seconded the motion. Motion carried unanimously. 82 83 Resolution No. 07 -211 Adopting the 2008 Recreation Fund Budget — Finance Director Rolek 84 noted that this budget was presented to the council in August and has not changed since that time. 85 This budget funds the recreation program for the city and is entirely funded through revenue 86 (recreation fees). The budget does recognize a surplus of about $25,000 for the year. The surplus 87 will remain in the fund for future operations, including possible capital purchases. 88 89 Council Member Carlson moved to approve Resolution No. 07 -211 as presented. Council Member 90 Stoltz seconded the motion. Motion approved unanimously. 2 —75— • • • COUNCIL MINUTES December 17, 2007 DRAFT • 91 92 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 93 94 There was no report from the Administration Department. 95 96 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 97 98 Resolution No. 07 -213 Adopting the Updated Emergency Management Plan - Public Safety 99 Director Pecchia reviewed the proposed plan. He emphasized that the plan is reviewed regularly to 100 ensure that it remains up to date and includes information on new hazards. Part of planning includes 101 continuing multi jurisdictional training. Joint power agreements are already in place to back up 102 emergency plans. 103 104 Council Member Carlson moved to approve Resolution No. 07 -213 as presented. Council Member 105 Reinert seconded the motion. Motion carried unanimously. 106 107 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 108 109 There was no report from the Public Services Department. 110 111 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA III 112 113 Resolution No. 07 -207, Approving Final Pay Request No. 1 (Final), Sandhill Drive Storm Sewer 114 Removal, Cleaning and Reinstallation - City Engineer Studenski reported on a storm pipe problem that 115 erupted on Sandhill Drive in September; the pipe required removal, cleaning and replacement of the 116 damaged portion. Staff is requesting authorization to make a final payment to the contractor, Glenn 117 Rehbein Excavating, Inc, including one change order relating to the replacement pipe. 118 119 Council Member O'Donnell moved to approve Resolution No. 07 -207 as presented. Council 120 Member Stoltz seconded the motion. Motion carried unanimously. 121 122 UNFINISHED BUSINESS 123 124 There was no unfinished business. 125 126 NEW BUSINESS 127 128 December 3, 2007 Council Work Session Minutes. Council Member Reinert absent. 129 130 Council Member Carlson moved to approve the December 3, 2007 Work Session Minutes with 131 corrections requested at the December 17, 2007 work session. Council Member Stoltz seconded the 132 motion. Motion carried. Council Member Reinert abstained. 133 134 COMMUNITY CALENDAR, DECEMBER 18, 2007 — JANUARY 7, 2008 135 3 —76— 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 COUNCIL MINUTES DRAFT December 17, 2Q07 414 Wednesday, December 19 Monday, December 24 Tuesday, December 25 Monday, December 31 Tuesday, January 1, 2008 Thursday, January 3, 2008 Monday, January 7, 2008 6:30 p.m., Council Chambers Holiday — Christmas Eve Holiday — Christmas Day Holiday — New Year's Eve Holiday — New Year's Day 7:00 a.m., Community Room 6:30 p.m., Council Chambers Environmental Bd canceled City Hall Closed City Hall Closed City Hall Closed City Hall Closed EDAC Park Board ADJOURN There being no further business, Council Member Carlson moved to adjourn at 7:00 p.m. The motion carried unanimously. These minutes were considered and approved at the regular Council Meeting of January 14, 2008. Julianne Bartell, City Clerk 4 —77— John Bergeson, Mayor • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY COUNCIL WORK SESSION DATE TIME STARTED TI E ENDED MEMBERS PRESENT MEMBERS ABSENT January 7, 2008 DRAFT CITY OF LINO LAKES MINUTES : January 7, 2008 . 5:30 p.m. . 9:45 p.m. : Councilmember Gallup, Reinert, Stoltz and Mayor Bergeson : Councilmember O'Donnell Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia (part); City Engineer, Jim Studenski; Administration Director, Dan Tesch (part); Finance Director, Al Rolek; City Planner, Jeff Smyser; and City Clerk, Julie Bartell Eagle Brook Traffic Control Lighting — Administrator Heitke explained that the Police Department and Eagle Brook Church have been working together on ways to provide temporary lighting to increase visibility and safety of officers performing traffic control duties for church services. The current lighting situation has been of concern to some neighbors and one neighbor wishes to address the process for communicating changes in operation that are initiated by the City. Chief Pecchia confirmed that the Police Department is experimenting with lighting at Eagle Brook entrance /exits to enhance public safety. The church has provided some mobile lighting units that are currently being utilized. The lights have improved safety conditions, however, Ms. Barbara Bor, an area resident has voiced concern. The department offered to work with her on specifics to minimize the intrusion. Eagle Brook has also made a suggestion of providing lighting that can be easily switched on or off as needed to address the safety issue for the officers and be less intrusive to the neighborhood. The use of reflective clothing for the officers is also being explored. The department has also been working with MnDOT to try and gain some lighting improvements at the intersection of Highway 35E and Main St. A question was asked as to why proper lighting wasn't included when the project (church facility) was approved. Community Development Director Grochala explained that lighting was required in the original plans approved by staff. It has been determined that some enhancement is needed because of the need to have officers directing traffic in dark areas. When the council asked for a timeline for solving the problem, Police Chief Pecchia suggested that the police will report back at the next work session but will in the mean time work with the neighbors to assist with their concerns. CITY COUNCIL WORK SESSION January 7, 2008 DRAFT 45 Barbara Bor, 7707 — 20th Av N, noted that she was surprised when the temporary lights 46 rather suddenly appeared. Historically, the process for development of the church was 47 specific. Staff felt that the lighting included in the project was adequate and the church 48 project proceeded on that basis. The first season it was clear that visibility was a problem 49 and she communicated with the police department on the matter. She was told they were 50 exploring the use of flashlights or vests. She sees this as an issue that doesn't lie with the 51 church. The lighting issue was raised during discussion of the conditional use permit for 52 the property and the chief had ample opportunity to address concerns then. She is hopeful 53 that this matter can be solved with effective communication and without a "rally" of the 54 neighbors required. She did not receive the level of communication on this issue that she 55 would hope for. This is the first she's heard that the church may have an alternative. 56 57 Scott Anderson, Eagle Brook Church, noted that the church believed that they were to 58 respond to the Chief of Police when the lighting concern arose. They have followed that 59 process. It is expensive to try different methods but they are committed to finding a 60 proper solution. He wants to maintain good communication with all the neighbors 61 including Ms. Bor. He is confident that the parties involved are all committed to finding 62 that solution without the necessity of council involvement. 63 64 There was a suggestion that temporary directional signaling at the intersections may be a 65 better solution. That could take the officer out of the equation. The chief responded that 66 a signal approach has been reviewed but due in part to cost considerations it hasn't been 67 viewed as a viable approach. The signal approach could also result in an access problem 68 for some Centerville residents. 69 70 Mr. Anderson explained that the church is now considering replacement of one element 71 of the permanent lighting already in place to make those fixtures more focused on the 72 problems areas. There is no question that the portable lighting is very bright. 73 74 Ms. Bor invited council members to visit her home during Saturday evening services. 75 That would give the best perspective of the impact of this lighting. 76 77 The council concurred that portable lighting will continue to be utilized. The Police 78 Department will meet with affected neighbors, at the neighbor's convenience, to make 79 that lighting as minimally intrusive as possible. 80 81 Main Street Village Update (Azure Properties, SE1 /4 of 35E Interchange) 82 (Requested by Reinert, O'Donnell) - Community Development Director Grochala 83 explained that this project, proposed for the SE quadrant of the Main Street and Highway 84 35E interchange, is scheduled for review by the Planning and Zoning Board on January 9. 85 Historically, discussion of development of the site has been at different stages for 86 probably the past 9 years. Current discussion revolves around a formal application for 87 development that was received in May 2007. That application, and another received in 88 July of 2007, was found by city staff to be incomplete. As a courtesy, the plans were 89 preliminarily reviewed by appropriate boards. At this time a complete but changed 2 • • • • • • CITY COUNCIL WORK SESSION January 7, 2008 DRAFT? 90 application is in place. The matter has been tabled by the Planning and Zoning Board 91 pending resolution of outstanding site development issues. The council is receiving the 92 Planning and Zoning Board staff report; staff is not currently recommending approval of 93 the request. However, more information has been submitted by the applicant That 94 additional information is being reviewed by staff and a supplemental report will be 95 provided for the Planning and Zoning Board meeting. 96 97 Tom Schulte and Dick Schrier, Azure Properties. They have tried to communicate with 98 elected and appointed officials. They would like to move forward with their development 99 proposal for Main Street Village as quickly as possible. They continue to be asked for 100 more information and have worked diligently to respond. They are close to providing 101 everything requested (a checklist of items) but are still getting a negative staff 102 recommendation_ Perhaps addition of conditions would be a better approach. They need 103 some type of approval to keep their end of the project on track. 104 105 When questioned if the "checklist" is complete, it was unclear if all required information 106 has been submitted. It is clear that parking questions remain and parking has proven to be 107 an important development consideration. 108 109 Council Member Reinert noted that he requested this item be added to the agenda. His 110 first discussion about this property was eight years ago and it seems that there is a 111 problem with continuing issues. He asked that staff explain what are the biggest issues 112 now? 113 114 Community Development Director Grochala explained that it is possibly a matter of 115 many smaller issues including storm water management, parking, landscaping, site access 116 issues, etc. Some of these matters may have been addressed adequately with the latest 117 submissions. Staff must ensure that all necessary questions are answered and that a solid 118 proposal is presented to the council. 119 120 Mr. Schrier stated that this has been an unusually difficult and expensive process for the 121 developer; they are asking for approval of a basic footprint. A big part of the problem is 122 that the city is requiring a plan for a larger site than what they actually want to develop. 123 124 Staff is committed to reviewing the information submitted to this point. When plans are 125 changed, however, that can slow the process overall. The Planning and Zoning Board 126 will make a recommendation based on the information staff can provide. 127 128 A council member commented that it isn't appropriate for the council to do the work of 129 the advisory boards, where the project still stands. The question of the extent of the 130 questions unanswered cannot truly be answered. Getting the project through the process 131 appropriately is the priority but staff should move the process as best they are able. 132 133 Mr. Shutte suggested that they believe they are within three or four remaining issues and 134 it is their hope that they could get a conditional approval. 3 CITY COUNCIL WORK SESSION _ January 7, 2008 DRAFT 135 136 Staff added that there is a statutory deadline (March 1) for agency action. 137 138 West Oaks Survey — City Engineer Studensld recalled that the city received a petition 139 requesting extension of sanitary sewer and water from some residents of the West Oak 140 subdivision. As a result the city sent a questionnaire to the residents outlining process 141 and related costs. Engineer Studenski distributed written information with the most 142 recent results of the resident survey. For the 85 properties who received surveys, 40 143 questionnaires were returned. Those responding in opposition to the project were in the 144 range of 70 %. Staff is recommending that the results of the survey be provided to the 145 residents along with a statement that there will be no further action taken due to lack of 146 interest. 147 148 The council concurred with the staff recommendation. 149 150 Traffic Noise Abatement Study - 35W Noise Wall — City Engineer Studenski updated 151 the council on the proposed 35W (Sunset Road to Savannah Court) noisewall project. 152 The area was ranked high under MnDOT noise abatement standards and, with local 153 support, wall could be erected with full funding from the state. A neighborhood meeting 154 on the project was held and area residents have voiced impressive support for the wall. 155 He reviewed how the wall would be placed and constructed. Construction would most 156 like occur in 2009 but MnDOT requests a resolution now indicating the city's position on 157 the wall. 158 159 The council requested that staff prepare a resolution in support of the noise wall project. 160 161 Advisory Board Appointment Process - Administration Director Tesch explained that 162 the deadline for receipt of applications was extended in the hopes of receiving more 163 applications. He reviewed the openings and requests for reappointment. 164 165 There was council concensus on reappointment of Vern Reinert to the Circle Pines Gas 166 Utility. 167 168 The new deadline is January 14, 2008. Interview dates will be conveyed to the council 169 when established. 170 171 Director Tesch also noted that the council will be considering their annual 172 appointments /designations at the January 14, 2008 council meeting. The council made 173 the following recommendations: 174 Acting Mayor — Gallup 175 North Metro Telecommunications Commission — Stoltz 176 Centennial Fire Steering Committee — Reinert and Gallup 177 VLAWMO — Bergeson, O'Donnell 178 County Corrections — Stoltz 179 Joint Law Enforcement Committee — Reinert 4 • • • • CITY COUNCIL WORK SESSION January 7, 2008 DRAFT x Foxing 180 181 Regarding city depositories, there was some interest in keeping that an open process for 182 financial institutions. Also, there was interest in having staff make a recommendation 183 for the additions to the labor services and fiscal agent categories. Staff will return with 184 options in the future. 185 186 Compensation Audit RFP's — Administration Director Tesch reported on the results of 187 the RFP that was sent to several companies for the services of a personnel related audit. 188 One proposal was received, from Springsted, Inc. They have prepared a list of audit 189 categories each with a price tag attached. This would be for audit services only. Director 190 Tesch recommended that the council could use the list, at a minimum, to develop a 191 compensation philosophy. A review of how the city has used market based information 192 and updating pay equity status would also be recommended. 193 194 The council reviewed the various components of the proposal, considering whether or not 195 the city should proceed with any or all of them. 196 197 Support was expressed by one council member for most of the elements. There would 198 not seem to be as much cost value in looking at position descriptions because they are 199 reported to be up to date. 200 201 Director Tesch explained that the job descriptions are used in the performance evaluation 202 system in place. That may be a consideration in that area. 203 204 It was expressed by one council member that the current performance review system isn't 205 appropriate. The process that is done internally isn't as familiar to the council as the 206 element that they actually participate in so more information to the council on that 207 process may be appropriate. Pay for performance continues to be a goal. 208 209 The matter will continue to be discussed by the council. 210 211 Director Tesch suggested that if the council is interested in the entire audit, it may be 212 appropriate to look at phasing the elements within and past this year. 213 214 The council concurred that absent Council Member O'Donnell should have an 215 opportunity to review the proposal. 216 217 Administrator Heitke asked how the equity question fits into the need for negotiations 218 under way and Director Tesch indicated that it is not urgent but he will review the 219 situation. 220 221 Snowmobile /ATV Ordinance - Police Chief Pecchia reported that, as directed, the 222 police department conferred with the city attorney on the possibility of amending the new 223 Snowmobile /ATV ordinance to allow for exemptions based on concerns from residents. 224 The city attorney is recommending against exemptions as it would hinder enforcement 5 CITY COUNCIL WORK SESSION January 7, 2008 DRAFT 225 activities and would be counter to the intent of the regulations. One of the requests 226 related to use of a county road and that would not require an exemption since the city 227 ordinance doesn't apply to county roads. 228 229 Police Department Administrative Staffing — Chief Pecchia explained that with the 230 opening of the Office Manager position within the police department, he see an 231 opportunity to make some positive staffing changes. The department currently has a 3/4 232 time volunteer coordinator and that person has worked to coordinate many hours of 233 volunteer services from the community. The department would like to continue to 234 enhance volunteer activities, a practice that can free officers for more direct service duty 235 and less time on such things as paperwork The department is proposing that the 236 volunteer coordinator position be advanced to a command position and that all volunteer 237 administration duties be moved to that area. The chief is also interested in enhancing 238 one clerical position to a technical level to handle some of the duties of the former office 239 manager position. He would also like to add two additional community service officers 240 — college students who are working on degrees in the area of law enforcement; a program 241 that also serves as an area of recruitment for the department. Staff anticipates thiq overall 242 change will be a budget reduction. The proposal is being presented in theory to the 243 council; human resource staff would be responsible for actual position establishment, etc. 244 The department needs to position itself for growth in the future and to deliver the highest 245 level of services for the least cost. The volunteer coordinator position is currently filled 246 by Karen Anderson, an active member of the community and experienced coordinator. 247 248 A council member requested that the proposal be put into writing (Chief Pecchia's 249 presentation was oral). 250 251 A council member noted experience in volunteer coordination and lauded the benefit of 252 having a good program in place. 253 254 Administrator Heitke noted that this would be a departure from the norm, with movement 255 of a civilian position into the command side of the department. There should perhaps be 256 a review of what that change looks like. The council will be anticipating a new job 257 description that they can review. 258 259 Chief Pecchia explained that if neither he nor the department captain were available, this 260 position would be third in line for a communications role but not operational. The goal is 261 for that situation to never occur since the chief and captain do not schedule time away at 262 the same time. He does not anticipate a problem with authority since the department 263 members are well accustomed to working hand in hand with the volunteer elements 264 already included in the department. 265 266 The council will receive a written proposal including a projected budget impact. 267 268 Process, Timeline for Reviewing Substitute Charter Amendment — City Clerk Bartell 269 gave a brief history of the amendment process to date. The council received a report from 6 • • • • • • CITY COUNCIL WORK SESSION January 7, 2008 DRAFT 270 The Citizens Task Force To Review Charter Provisions Pertaining to Local 271 Improvements and, as a result, conveyed a charter amendment proposal to the Charter 272 Commission. The Charter Commission elected to draft a substitute amendment which 273 the council has officially received. The council currently has two charter amendments 274 before them and the state statutes establish options for action. The council may send one 275 of the amendments to a ballot (special or general election). The council could also 276 consider approving an amendment by unanimous affirmative vote (this option would 277 apply to the substitute amendment only). Key days for placement on the ballot were 278 reviewed. 279 280 Administrator Heitke reviewed a proposed general schedule that would allow the council 281 to review the substitute charter amendment, with adequate time to pursue all options 282 including the lengthiest option of proposing a new amendment that would again require 283 charter commission review. 284 285 Community Development Director Grochala explained that the major difference with the 286 charter proposal is that the process for neighborhood involvement is cumbersome. A 287 feasibility study is done proposing possible improvements, elements are broken down 288 including assessments, residents get that information and make choices for 289 improvements, and whatever projects get the most votes would dictate what would be 290 done. There are concerns about how design can be accomplished, how you can separate 291 elements, etc. 292 293 Administrator Heitke is recommending a technical review of the charter commission 294 proposal. 295 296 The council concurred with the proposal to proceed with a technical review and will 297 expect a report on the February work session agenda. 298 299 Professional Services RFP's — Administrator Heitke noted the council hag discussed 300 seeking proposals for on going professional services, including legal services. The matter 301 was purposefully held off for various noted reasons including projects underway and the 302 need for continuity. He is proposing now, however, that an RFP process could now 303 begin. He is not recommending looking at an RFP for all services at one time because it 304 can be a time consuming process for both staff and council. 305 306 There was discussion about legal services, past and present. 307 308 The council concurred on releasing an RFP for legal services. As noted in the previous 309 discussion regarding annual appointments that include designation of certain service 310 providers, it was confirmed that staff under direction to provide options to look at options 311 for labor and fiscal services. 312 313 Data Request Policy — City Clerk Bartell explained that the council has discussed the 314 establishment of a formal communication policy as it relates to data requests from council 7 CITY COUNCIL WORK SESSION January 7, 2008 DRAFT 315 members. As a part of reviewing that process, it became evident that including an update 316 of the city's guidelines and procedures for all data practices would be an appropriate 317 addition to the scope of the project. The city has been operating under basic data 318 practices but a formal document would bring procedures and guidelines into one 319 document and formalize our compliance with legal requirements. The City of Lino Lakes 320 Guidelines and Procedures for the Minnesota Government Data Practice Act was 321 reviewed. The council was alerted to those areas concerning response time and fees. 322 323 Administrator Heitke reviewed Section X of the document regarding communication with 324 council members. The language puts into place a formal procedure for responding to data 325 requests from council members. 326 327 The council will consider formal adoption of the document when requested by staff. 328 329 Minutes of Nov. 5, 2007 work session — City Clerk Bartell noted that these minutes were 330 held from approval due to concern about missing discussion. The minutes were revised 331 and were held for review by other council members. 332 333 The minutes will be added to the January 14, 2008 council agenda for consideration of 334 approval. 335 336 Review of January 14, 2008 Regular Council Agenda 337 338 There were no changes to the regular Council agenda other than the addition of the 339 previous item. 340 341 The meeting was adjourned at 9:45 p.m. 342 343 These minutes were considered, corrected and approved at the regular Council meeting held on 344 January 28, 2008. 345 346 347 348 349 Julianne Bartell, City Clerk John Bergeson, Mayor 350 8 -85- • • • COUNCIL MINUTES January 14, 2008 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 January 14, 2007 5 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:30 p.m. 8 MEMBERS PRESENT : Council Member Stoltz, Gallup and Mayor 9 Bergeson 10 MEMBERS ABSENT : Council Member Reinert, O'Donnell 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Finance 14 Director, Al Rolek; City Planner, Jeff Smyser; City Planner, Paul Bengtson; and City Clerk, Julie 15 Bartell 16 17 SWEARING IN OF ELECTED COUNCIL MEMBERS — City Clerk Bartell administered 18 the oath of office to elected/reelected council members /mayor Bergeson, Stoltz and Gallup. 19 20 PUBLIC COMMENT 21 •22 Bob Bening, 6788 E Shadow Lake Drive, presented information to the council and asked them to 23 consider an alternative to the proposed amendments to Chapter 8 of the City Charter. The 24 alternative would replace Sections 8.05 and 8.09 of the amendment recommended by the Charter 25 Commission. He would appreciate it if the council would consider this amendment along with 26 their current review of proposed charter amendments. 27 28 Mayor Bergeson noted that the council is beginning its review process of the Charter 29 Commission amendment. 30 31 SETTING THE AGENDA 32 33 The agenda was reviewed. Since only three council members were present, Item 6A (requiring a 34 4/5 council vote) was postponed. Items 7A, 8A and 8B (minutes) were also postponed. 35 36 CONSENT AGENDA 37 38 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 39 seconded the motion. Motion carried. 40 41 ITEM ACTION 42 43 Consideration of Expenditures: 44 i) January 14, 2008 (Check No. 81932 through 82101), 45 $327,008.31; Approved 46 ii) Centennial Fire District (Check No. 3055 through 1 -86- COUNCIL MINUTES January 14, 2008 DRAFT 47 3080), $48,532.94 Approved 48 49 Resolution No. 08 -02, Accepting Bids and Awarding 50 Farmland Lease Agreement Approved 51 52 Resolution No. 08 -06, Anoka County Agreement for 53 Residential Recycling Program Approved 54 55 Resolution No. 08 -09, Authorizing the Issuance of Approved 56 2008 Certificates of Indebtedness 57 58 FINANCE DEPARTMENT REPORT, AL ROLEK 59 60 Five -Year Financial Plan Public Hearing — Finance Director Rolek noted that it is good 61 financial policy and planning to adopt a long -term financial plan and the city is required to do so 62 by the City Charter. A five year plan was approved last year. That document has been updated 63 to another year out and has been under review by the council. A PowerPoint summary of the 64 plan was presented. Mr. Rolek stressed that the plan is a working document and does not 65 authorize spending. Staff will utilize the information in the Plan in the preparation process for 66 the annual budget. Staff is not asking for action this evening but seeks public comment only; 67 the document will be back before the council at the next meeting for further consideration. 68 69 When asked how the sealcoating and overlay projects are selected, Finance Director Rolek 70 explained that the city currently has $385,000 earmarked for those improvements, to be 71 increased by 5% per year. The sealcoating is a revolving process, taking an area of streets and 72 redoing them every 5 -6 years. 73 74 City Engineer Studenski explained that the City's Pavement Management Plan rates the city's 75 streets. Rating for sealcoating is included. When a roadway reaches an age when sealcoating is 76 no longer feasible, overlay is recommended. The usable life of the street is extended 77 substantially by the program. 78 79 When asked to explain the status of the bond rating, Finance Director Rolek noted that the City 80 has been fortunate to be upgraded several times over the past few years. The current Moody's 81 rating is AA3. The ratings are based on the city' credit worthiness and an upgrade improves the 82 cities finance cost situation. 83 84 When asked how the town square development appears in the Five Year Plan, Finance Director 85 Rolek explained that the Town Center project has slowed as have construction projects 86 nationwide. Staff continues to look to tax increment from the development to help finance 87 certain projects including the Lake Drive/I35 Interchange project as well as the city's 88 contribution to the YMCA project. Once those obligations are met, the value of the increment 89 will benefit the city's general fund. 90 91 Mayor Bergeson opened the public hearing at 7:15 p.m. 92 2 —87— • COUNCIL MINUTES January 14, 2008 DRAFT • 93 There was no one present wishing to speak. 94 95 Council Member Gallup moved to close the public hearing. Council Member Stoltz seconded 96 the motion. Motion carried. 97 98 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 99 100 Consider Annual Appointments — Administration Director Tesch outlined the list of annual 101 appointments as it was updated after the council work session discussion. 102 103 Council Member Stoltz moved to approve the list of annual appointments as presented. Council 104 Member Gallup seconded the motion. Motion carried. 105 106 Accept Resignation of Police Officer Matt Vana - Administration Director Tesch noted that 107 Lino Lakes police officer Matt Vana has submitted his resignation; Mr. Vana has accepted a law 108 enforcement position in another city. 109 110 Council Member Gallup moved to accept the resignation of Police Officer Matt Vana. Council 111 Member Stoltz seconded the motion. Motion carried.. 112 113 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA •114 115 There was no report from the Public Safety Department. 116 117 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 118 119 There was no report from the Public Services Department. 120 121 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 122 123 1st Reading of Ordinance No. 01 -08, Amending the Zoning Ordinance to Establish A Time 124 Limit For Completion of Exterior Improvements To Structures — City Planner Smyser noted 125 that staff is presenting an ordinance to address a problem related to building improvements not 126 being completed for extended periods of time. The amendment would establish a time limit for 127 completion of exterior improvements to structures. Regarding building permits that have already 128 been issued, language has been added that will impact outstanding permits by making the new 129 regulations effective as of the effective date of the ordinance 130 131 Council Member Gallup moved to dispense with full reading of the ordinance Council Member 132 Stoltz seconded the motion. Motion carried. 133 134 Council Member Stoltz moved to approve lst reading of Ordinance No. 01 -08 as presented. 135 Council Member Gallup seconded the motion. Motion carried as follows: Yeas, 3; Nays none; •136 Absent, 2 (O'Donnell, Reinert). 137 COUNCIL MINUTES January 14, 2008 DRAFT 138 Public Hearing. Consider 1St Reading of Ordinance No. 17 -07, Vacating a portion of the 139 drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove 140 141 Since an inadequate number of council members were present to approve the ordinance, the 142 council opted to postpone consideration except that the public hearing would be opened and 143 continued. 144 145 Mayor Bergeson opened the public hearing at 7:30 p.m. There was no one present wishing to 146 speak. 147 148 Council Member Gallup moved that the public hearing be continued to January 28, 2008. 149 150 Marshan Meadows 2 "d Addition 151 Resolution No. 08 -07, Approving Preliminary Plat, Marshan Meadows 2' Addition; 152 Resolution No. 08 -05, Approving Development Agreement for Marshan Meadows 2"d 153 Addition; 154 Resolution No. 08 -08, Approving Final Plat for Marshan Meadows 2 "d Addition, Paul 155 Bengtson 156 157 City Planner Bengtson noted that Bruggeman Homes has requested approval of a two lot 158 residential subdivision to be known as Marshan Meadows 2nd Addition. A report outlining a 159 proposed preliminary plan, development agreement and final plan was presented. Staff is 160 recommending approval of the project with conditions noted in the report except that condition 161 number six should be removed. 162 Staff will also correct a discrepancy in the development agreement regarding the developer's 163 deposit; it should read that 35% of the total estimated cost of city improvements is required. 164 165 Council Member Stoltz moved to approve Resolution Nos. 08 -07, 08 -05, and 08 -08 as presented 166 and corrected. Council Member Gallup seconded the motion. Motion carried. 167 168 Resolution No. 08 -10, Accepting Land Donation, Outlot A, Woodridge Estates and Outlot B, 169 Woodridge Estates — City Planner Smyser explained that the developer of the Woodridge Estates 170 neighborhood wishes to donate two wetland outlots that are landlocked and usable for development. 171 Staff recommends that the city accept the donation. 172 173 Council Member Gallup moved to approve Resolution No. 08 -10 as presented. Council Member 174 Stoltz seconded the motion. Motion carried. 175 176 Resolution No. 08 -04, Approving Final Payment, 2007 Street Overlay Project — City Engineer 177 Studenski reported that the 2007 Overlay project has been satisfactorily completed and staff is 178 recommending final payment to the contractor, WB Miller, Inc. 179 180 Council Member Stoltz moved to approve Resolution No. 08 -04 as presented. Council Member 181 Gallup seconded the motion. Motion carried. 182 183 UNFINISHED BUSINESS 4 -89- • • • •184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 S206 207 208 209 210 211 • COUNCIL MINUTES DRAFT None NEW BUSINESS None January 14, 2008 Community Calendar- A Look Ahead January 15, 2008 through January 28, 2008 eL Thursday, January 17 Monday, January 21 • Monday, January 28 Monday, January 28 6:30 pm, Charter Commission Martin Luther King Jr. Day 5:30 pm, Community Room 6:30 pm, Council Chambers Community Room City Hall Closed Council Work Session Council Meeting ADJOURN There being no further business, Council Member Stoltz moved to adjourn at 7:47 p.m. Council Member Gallup seconded the motion. Motion carried. These minutes were considered and approved at the regular City Council Meeting on January 28, 2008. Julianne Bartell, City Clerk John Bergeson, Mayor 5 -90- AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY, JANUARY 28, 2008 City Council Chambers Following the regular City Council Meeting 1. Call to Order and Roll Call 2. Consideration of Minutes of June 25, 2007 3. Consideration of Annual Appointments 11. 4. Adjourn • EDA MINUTES JUNE 25, 2007 DRAFT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT : June 25, 2007 : D. Carlson, J. Reinert, J. O'Donnell : D. Stoltz, J. Bergeson : Mary Divine, Gordon Heitke, Al Rolek and Julie Bartell The meeting was called to order by Vice President Carlson at 6:15 p.m. CONSIDERATION OF MINUTES OF JANUARY 22, 2007 EDA Member Reinert moved to approve the January 22, 2007 minutes, as presented. EDA Member O'Donnell seconded the motion. Motion passed unanimously. Stoltz and Bergeson were absent. RESOLUTION NO. 07 -01 APPROVING THE MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -11 Finance Director Rolek explained that staff is presenting an administrative amendment to this tax increment plan that is required based on the restructuring of the Lake Drive Interchange Project financing plan. The City Council will consider this modification at their meeting this evening. EDA Member O'Donnell moved to approve Resolution No. 07 -01, as presented. EDA Member Reinert seconded the motion. Motion carried unanimously. Stoltz and Bergeson were absent. RESOLUTION NO. 07 -02, AUTHORIZING AN INTERFUND LOAN IN CONNECTION WITH THE LAKE DRIVE INTERCHANGE PROJECT AND TAX INCREMENT FINANCING DISTRICT NO. 1 -11 Finance Director Rolek explained that this loan action is based on the restructured financing plan for the Lake Drive Interchange Project. There should be sufficient capacity in the district to fully fund this so staff is recommending approval of the loan. EDA Member Reinert moved to approve Resolution No. 07 -02, as presented. EDA Member O'Donnell seconded the motion. Motion carried unanimously. Stoltz and Bergeson were absent. RESOLUTION NO. 07 -03 APPROVING TIF PLEDGE AGREEMENT Finance Director Rolek explained that staff is requesting authorization to execution a tax increment pledge agreement between the City of Lino Lakes and the EDA that would pledge certain tax increment revenue toward the payment of principal and interest on the general 1 EDA MINUTES JUNE 25, 2007 DRAFT 48 obligation bonds being issued for the Lake Drive Interchange Project. In addition to pledging the 49 revenue, the agreement sets forth the method of payment. 50 51 EDA Member O'Donnell moved to approve Resolution No. 07 -03, as presented. EDA Member 52 Reinert seconded the motion. Motion carried unanimously. Stoltz and Bergeson were absent. 53 54 ADJOURNMENT 55 56 There being no further business, EDA Member Reinert moved to adjourn. EDA Member 57 O'Donnell seconded the motion. Motion passed unanimously. Stoltz and Bergeson were absent. 58 59 60 Meeting adjourned at 6:25 p.m. 61 62 63 64 2 • • • AGENDA ITEM 3 STAFF MEMBER Mary Alice Divine DATE January 28, 2008 SUBJECT Annual Appointments VOTE REQUIRED Simple Majority BACKGROUND Each year the Economic Development Authority is required to make a number of appointments at its annual meeting. The following is a list of appointments for your consideration: 2007 2008 Recommended 1. President Dan Stoltz (Council Prerogative) 2. Vice President Donna Carlson (Council Prerogative) 3. Treasurer Jeff O'Donnell (Council Prerogative) 4. Secretary Economic Development Coordinator Economic Development Coordinator 5. Assistant Treasurer Finance Director Finance Director 6. Executive Director City Administrator City Administrator 7. Official Newspaper Quad Community Press Quad Community Press 8. Legal Depositories Community National Bank Wells Fargo US Bank Merrill Lynch RBC Dain Rauscher Wachovia Prudential Securities Patriot State Bank LMC 4M Fund Smith,Barney, Citi Group Bank of the West Others as needed Community National Bank Wells Fargo US Bank Merrill Lynch RBC Dain Rauscher Wachovia Prudential Securities Patriot State Bank LMC 4M Fund Smith, Barney, Citi Group Bank of the West Others as needed 2007 2008 Recommended 9. Legal Services Kennedy & Graven Kennedy & Graven Barna, Guzy & Steffan, Ltd. Barna, Guzy & Steffan, Ltd. Hawkins & Associates Hawkins & Associates RECOMMENDATION: Staff is recommending Council prerogative or as recommended. •