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Home My WebLink About06/09/2008 Council PacketSUMMARY MINUTES Monday, June 9, 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 ➢ Open Mike / Public Comment No one addressed the council ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Stoltz, Gallup, and O'Donnell ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented SPECIAL. PRESE • State Legislative Update Representative Paul Gardner A) Consideration of Expenditures: i) June 9, 2008, 2008 (Check No. 83038 through 83138) in the amount of $$491,992.07; ii) Centennial Fire District (Check No.3266 through 3275) in the amount of $9,011.73 Pg 3 -16 B) Consider approval of May 27, 2008 Council Work Session Pg 17 -18 Minutes C) Consider approval of May 27, 2008 City Council Meeting Pg 19 -24 Minutes D) Consider approval of peddler /transient merchant licenses Pg 25 -28 as follows: i) Resolution No. 08 -58, for H & H Restoration Services, Inc. ii) Resolution No. 08 -59, for Hometown Restorations; iii) Resolution No. 08 -60, for Patrick Home Exteriors, Inc. iv) Resolution No. 08 -62, for The Gopher Company, Inc. v) Resolution No. 08 -63, for Michael Heidersheid Construction, Inc. Council Agenda -2- June 9, 2008 SUMMARY MINUTES E) Consider Resolution No. 08 -61, Accepting an additional grant of $10,000 for assigning a Lino Lakes police officer to the Metro Gang Strike Force F) Accept Resignation of Liz Benoit Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve the Consent Agenda, Items 1A through 1F, was adopted (peddler /transient merchant licenses approved contingent upon applicants finally meeting all local requirements) NANOE;DEPARTI of A) 2007 Audit Report —Brock Geyen of LarsonAllen, LLP A) i) Motion to Accept 2007 Audit Report Action Taken: Motion by Gallup, seconded by O'Donnell, to accept the 2007 audit report as presented, was adopted NI TRATI PA TMENTREPORT,.L Consider 1st Reading of Ordinance No. 10 -08, Placing a Moratorium on the issuance of off -sale liquor licenses, Julie Bartell Action Taken: Motion by Gallup, seconded by Stoltz, to approve first reading of Ordinance No. 10 -08 as presented, was adopted: Yeas, 5; Nays none. Pg 29 PUBLIC SAFETY D. ENT REPORT, Da" No Report ENT REPORT A) Consider 1St Reading of Ordinance 09 -08, Amending the Lino Lakes City Code, by adding a new Section 304 related to Administration and Regulation of Public Right -of -Way, Rick DeGardner Action Taken: Motion by O'Donnell, seconded by Reinert, to approve first reading of Ordinance No. 09 -08 as presented, was adopted: Yeas, 5; Nays none. COMMUNITY DEVELOPMENT REPORT, Michael Gr-oc rata No Report Council Agenda �d iou None W BUSINE None -3- SUMMARY MINUTES June 9, 2008 Motion by O'Donnell, seconded by Gallup, to adjourn at 6:55 p.m., was adopted Community Calendar— A Look Ahead June 10, 2008 through June 23, 2008 4 Wednesday, June 11 cancelled Planning & Zoning 4. Wednesday, June 18 6:30 pm, Community Room Charter Commission Monday, June 23 5:30 pm, Council Workroom Council Work Session 4. Monday, June 23 6:30 pm, Council Chambers Council Meeting REVISED Monday, June 9, 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 ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items State Legislative Update Senator Sandy Rummel & Representative Paul Gardner A) Consideration of Expenditures: i) June 9, 2008, 2008 (Check No. 83038 through 83138) in the amount of $$491,992.07; ii) Centennial Fire District (Check No.3266 through 3275) in the amount of $9,011.73 Pg 3 -16 B) Consider approval of May 27, 2008 Council Work Session Pg 17 -18 Minutes C) Consider approval of May 27, 2008 City Council Meeting Pg 19 -24 Minutes D) Consider approval of peddler /transient merchant licenses Pg 25 -28 as follows: i) Resolution No. 08 -58, for H & H Restoration Services, Inc. ii) Resolution No. 08 -59, for Hometown Restorations; iii) Resolution No. 08 -60, for Patrick Home Exteriors, Inc. iv) Resolution No. 08 -62, for The Gopher Company, Inc. v) Resolution No. 08 -63, for Michael Heidersheid Construction, Inc. E) Consider Resolution No. 08 -61, Accepting an additional grant of $10,000 for assigning a Lino Lakes police officer to the Metro Gang Strike Force Council Agenda F) -2- REVISED Accept Resignation of Liz Benoit June 9, 2008 FINANCE DEPARTMENT REPORT, Al Role! A) 2007 Audit Report —Brock Geyen of LarsonAllen, LLP i) Motion to Accept 2007 Audit Report Pg 29 A) Consider 1st Reading of Ordinance No. 10 -08, Placing a Moratorium on the issuance of off -sale liquor licenses, Julie Bartell Reading & roll call required No Report A) Consider 1St Reading of Ordinance 09 -08, Amending the Lino Lakes City Code, by adding a new Section 304 related to Administration and Regulation of Public Right -of -Way, Rick DeGardner Reading and roll call required No Report None None Community Calendar- A Look Ahead June 10, 2008 through June 23, 2008 4 Wednesday, June 11 4 Wednesday, June 18 4 Monday, June 23 4 Monday, June 23 cancelled 6:30 pm, Community Room 5:30 pm, Council Workroom 6:30 pm, Council Chambers Planning & Zoning Charter Commission Council Work Session Council Meeting Paul Gardner State Representative District 53A Anoka and Ramsey Counties .- s-hr I 19l1. L Ua c wt „ igkoo2 Minnesota House of Representatives COMMITTEES: VICE - CHAIR, MINNESOTA HERITAGE FINANCE DIVISION ENVIRONMENT AND NATURAL RESOURCES FINANCE DIVISION ENVIRONMENT AND NATURAL RESOURCES ENERGY FINANCE AND POLICY DIVISION June 9, 2008 To: Lino Lakes City Council RE: Legislative Session Update Transportation bill: The successful override of the Governor's veto will provide additional funds for roads and bridges at the county, city, and township level. Rice Creek Regional Trail: The Legislature passed legislation to fund the final link of the Trail as part of the bonding bill (HF380), although the Governor removed the project with a line -item veto. Senator Rummel and I carried the original bill (HF2461/SF2280). Partial funding may now be available from some Metro Parks dollars still available to Anoka County through the LCCMR (lottery funds) in SF2492, Section 2, Subdivision 3(i), now part of 2008 Session Law, Chapter 367. Thanks to the mayor for coming to testify in the House and Senate. Lino Lakes Library: The Legislature included language in the omnibus tax bill to allow Anoka County to build a new regional library in Lino Lakes by removing the dollar levy limit for Anoka County libraries in statute. Senator Betzold and I carried the original bill HF2763, which became part of HF3149 and is now part of 2008 Session Law, Chapter 366, Article 5, Section 10. The added property taxes to a house valued at $216,000 are estimated to be $1.82 a year. Fiscal disparities subsidy for Mall of America: The original proposal to subsidize the construction of the Mall of America expansion included dipping into the fiscal disparities program. After so many legislators (including me) protested against the use of this program that gives relief to Anoka County property taxpayers, the fiscal disparities portion of the proposal was removed. Property tax refund: After the Senate passed a tax bill that would provide property tax relief by focusing only on local government aid (LGA), I led a group of two dozen suburban legislators in promoting direct property tax relief to taxpayers through more funds for the property tax refund (PTR) program (HF4188). This idea was embraced by the House Tax Committee and was included in the final tax bill (HF3149), which passed the legislature and is now part of 2008 Session Law, Chapter 366, Article 1, Section 1. Levy limits: While the legislature understands that levy limits often do not accomplish long -term reductions in property taxes, the Governor insisted on limits in the end -of- session negotiations. 890 Dawn Ave., Shoreview, Minnesota 55126 State Office Building, 100 Rev Dr Martin Luther King Jr Blvd, St. Paul, Minnesota 55155 -1298 FAX: (651) 296 -2080 Email: rep.paul.gardner @house.mn (651) 797 -4317 (651) 296 -2907 s • EXPENDITURES JUNE 9, 2008 • Date: 05/22/2008 Time 09 :56 :42 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 7229 - 7229 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: 5 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000105 UNITED PARCEL SERVICE 1 45.42 45.42 .00 .00 000489 TDS METROCOM 1 972.68 972.6B .00 .00 000577 REMINGTON ARMS COMPANY 1 400.00 400.00 .00 .0D 000754 BRAGELMAN, CHRISTOPHER 1 1,667.81 1,667.81 .00 .00 001110 CIRCLE PINES, CITY OF 1 4,159.01 4,159.01 .00 .00 001650 HOFFMAN, MICHAEL 1 40.00 40.00 .00 .00 0030 13 INVENTORY TRADING COMPANY, INC. 1 300.00 300.00 .00 .DD 003250 XCEL ENERGY 1 5,715.94 5,715.94 .OD .0D 003491 PETTY CASH 1 67.88 67.68 .DD .00 004070 REED BUSINESS INFORMATION 1 346.32 346.32 .00 .00 004720 V1U..K, JEAN 1 30.B4 30.B4 .00 Grand Totals: 11 13,745.90 13,745.90 .00 • Date: 05/30/2008 Time: 09:15:09 City of Lino Lakes FM Entry - Invoice Journal •eE: Options: Vendor # 007474 • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7244 7244 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Check Over Expend: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Name # of items Net Gross Discount Discount Lost KARL ACHILLES MAGIC CO. Grand Totals: 1 100.00 1 100.00 100.00 100.00 .00 .00 .00* Date: 05/30/2008 Time 09:08:23 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7240 - 724D 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 000080 ABLE HOSE AND RUBBER, INC. 1 303.37 303.37 .00 .D0 D00100 AID ELECTRIC SERVICE, INC. 1 753.34 753.34 .00 .00 000147 TRICIA HAYNES 1 1,500.00 1,500.00 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 238.14 238.14 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 229.44 229.44 .00 .00 000203 WINGF00T COMMERCIAL TIRE SYSTEMS, LLC 1 532.41 532.41 .00 .D0 000320 ANCHOR PAPER COMPANY, INC. 1 774.63 774.63 .00 .D0 000430 ANOAA COUNTY G.I.S. DIVISION 1 63.90 63.90 .00 .00 000440 ANORA COUNTY GOVERNMENT CENTER 1 100.00 100.00 .00 .00 000537 CENTRAL PENSION FUND 1 3,916.80 3,916.80 .00 .00 000539 TARGET 1 387.72 387.72 .00 000541 ASPEN MI7,7, INC. 1 188.35 188.35 .00 •,D 000610 BAUER BIIILT, INC. 1 861.35 861.35 .00 .00 000640 MINNESOTA BOARD OF PEACE 1 810.00 810.00 .D0 .00 000677 PHILIP'S TREE CARE 1 307.36 307.36 .00 .00 000679 RSGID HITCH, INC. 2 336.34 336.34 .D0 .00 000593 GENERAL SPORTS CORPORATION 1 4,017.20 4,017.20 .00 .00 DDD72_ BLUE TOW SERVICE, INC. 1 119.63 119.83 .00 .DO D00724 000743 BOWDICA, JACKIE M. 1 1,345.56 1,345.58 .00 .00 0008B0 BRYAN ROCK PRODUCTS, INC. 1 3,443.90 3,443.90 .00 .00 000946 C. P. OFFICE PRODUCTS 2 146.30 146.30 .00 .00 000950 C. W. HOU"LE, INC. 1 4,535.17 4,535.17 .00 .00 • Date: 05/30/2008 Time: 09:08:23 • e�,dor # Name City of Lino Lakes Operator: JAL FM Entry - Invoice Journal # of items Net Gross Discount Page: 2 Discount Lost D01016 MINNESOTA STATE RETIREMENT SYSTEM 1 860.05 860.05 .00 .D0 D01100 CIRCLE PINES POST OFFICE 1 552.78 552.78 .00 .00 001101 CErrSENNIAL LAKES POLICE DEPARTMENT 1 3,760.00 3,760.00 .00 .D0 1 53.05 53.05 .00 .00 001263 OWENS, WILLIAM 001265 BDYEA TRUCKS, INC. 1 257.56 257.56 .00 .00 1 761.66 761.66 .00 .00 001285 HEWLETT-PACKARD COMPANY 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,477.30 4,477.30 .00 .DO 1 669.65 669.65 .00 .00 001395 NEXTEL COMMUNICATIONS 001709 GRP.FFCD, INC. 1 15.71 15.71 .00 .D0 1 50.02 50.02 .00 .00 00172D GRAINGER, INC. 001847 HIRSHFIELD'S PAINT MANUFACTU'RING,IN 1 319.50 319.50 .00 .00 D01859 HOME DEPOT CREDIT SERVICES 1 47.14 47.14 .00 .00 001967 INTOXIMETERS, INC. 1 284.98 284.98 .D0 .0D 002053 J. A.'S APPLIANCE DISPOSAL, INC. 1 995.00 995.00 .00 .00 1 149.06 149.06 .00 .00 110 KATH AUTO PARTS, INC. vZ70 LAKESIDE AUTO & PAINT, INC. 1 1,396.47 1,396.47 .DD .D0 1 21.62 21.62 .00 .00 002328 G & K SERVICES 002340 IMAGE PRINTING & GRAPHICS, INC_ 1 429.57 429.57 .00 .DD 002493 FIRST STATE TIRE RECYCLING, INC. 1 163.00 163.00 .00 .00 002508 MUNICIPAL CLERKS /FINANCE OFFICERS ASSOC 1 35.00 35.00 .00 .00 002516 1ta'S PLUS (EDH,INC.) 1 1,057.68 1,057.68 .00 .00 002584 METRO SALES INCORPORATED 2 645.69 645.69 .DO .00 1 841.35 841.35 .00 .00 002790 TESSMAN SEED COMPANY 002931 MN CHILD SUPPORT PAYMENT.' CENTER 1 1,074.71 1,074.71 .0D .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 325.99 325.99 .00 .00 1 1,730.44 1,730.44 .D0 .00 003250 XCELL ENERGY 1 10.00 10.00 .00 .00 003441 OREN, LAURA • Date: 05/30/2008 Time 09:08:24 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name # of items Net Gross Discount Disc 003492 PETTY CASH 1 243.98 243.9B .00 .00 003627 PRAIRIE MOON NURSERY, INC. 1 985.94 985.94 .00 .00 003860 =FRIDGE-JOHNSON, INC. 1 163.16 163.16 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 2 11,659.27 11,659.27 .00 .D0 003882 MINNESOTA SHREDDING LLC 1 48.00 48.00 .00 .00 004099 SRP CONSULTING GROUP, INC. 1 1,199.71 1,199.71 .00 .00 004240 STREICHER'S, INC. 1 1,757.76 1,757.76 .00 .0D 004340 T.A. SCHIFSKY AND SONS, INC. 2 1,976.14 1,976.14 .DD .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 193.09 193.09 .00 .00 004510 TRUCK UTILITIES, INC. 1 72.98 72.98 .00 .D0 004540 TWIN CITY GARAGE DOOR CD., INC. 1 414.00 414.00 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 2 1,203.05 1,203.05 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 117.10 117.1D .00 .00 004788 SPRINT 1 79.45 79.45 .00 .00 004840 WINNICK SUPPLY, INC. 1 142.50 142.5D .00 .00 005005 GREEN LIGHTS RECYCLING, INC. 1 189.96 189.96 .00 41) 005007 LUNDA CONSTRUCTION COMPANY 1 338,786.97 336,786.97 .00 •,o 007345 BARTON SAND & GRAVEL COMPANY, INC. 1 2,659.81 2,659.81 .00 .00 007378 ANDERSON, KAREN 1 1,058.14 1,058.14 .00 .00 007402 HARMON AUTOGLASS 1 208.13 208.13 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 007445 PROPAC, INC. 1 3,780.61 3,780.61 .00 .00 007463 AVIATION AND LAW ENFORCEMENT SAFETY 1 40.00 40.00 .00 .00 007464 MAI th.e.W DARCY /MARY P2:'J. R6ON 1 2,450.00 2,450.00 . 0D .00 007465 DAVIS EQUIPMENT CORPORATION 1 666.27 666.27 .00 .00 007466 MINNEAPOLIS COMMUNITY /TECHNICAL CO7.T,FGE 1 250.00 250.00 .D0 .00 007467 RAMSEY COUNTY VITAL RECORDS 1 100.00 100.00 .00 .00 • Date: 05/30/2008 Time 09:08:24 City of Lino Lakes FM Entry - Invoice Journal • dor # Name Operator: JAL Page: 4 Discount # of items Net Gross Discount Lost 007458 ST. PAUL, CITY OF 1 94.50 94.50 .00 .00 007469 WEATEMRGUAED CONSTRUCTION CO, INC. 1 240.00 240.00 .00 .00 007470 ANDERSON & KOC1H FORD, INC. 1 86.19 86.19 .00 .D0 007471 BLOM, P -LESAA 1 35.00 35.00 .00 .D0 1 40.00 40.00 .00 .00 007472 HEGE, LAURA 007473 GERTEN, AMY 1 17.5D 17.50 .00 .0D 900330 HERBEE INFORMATION NETWORKS CORPORATION 1 1,796.87 1,796.87 .00 .00 900438 SCOTT OLMSTEAD BUILDERS, INC. 1 950.00 950.00 .D0 .00 900471 BONESTROO, INC. 1 13,454.52 13,454.52 .00 .00 900496 APOGEE RETAIL, LLC 1 200.00 200.00 .00 .00 900559 HEALTH PARTNERS 1 43,912.37 43,912.37 .00 .0D 900591 CORPORATE EXPRESS, INC. 1 167.09 167.09 .D0 .0D Grand Totals: 95 478,146.17 478,146.17 .00 .00* • • Date: 05/30/2008 Time: 09:46:10 Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 7231 Bank #: (A) Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name 7249 # of copies: 1 Description ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION AMERICAN FAMILY LIFE CENTRAL PENSION FUND MINNESOTA STATE RETI CENTENNIAL LAKES POL DELTA DENTAL PLAN OF MN CHILD SUPPORT PAY MN CHILD SUPPORT PAY WEATHERGUARD CONSTRU WEATHERGUARD WEATHERGUARD HEALTH CONSTRU CONSTRU PARTNERS Total for D INSURANCE /JUNE PAYROLL WITHHOLDING PAYROLL WITHHOLDING MARCH EAGLE BROOK OVERTI DENTAL INSURANCE PAYROLL WITH /BRIAN C. HR PAYROLL WITH /TERRY J. ME REIMS PERMIT /124 WOODRID REIMS PERMIT /83 WOODRIDG REIMS PERMIT /95 WRITE PI HEALTH INSURANCE /JUNE epartment DELTA DENTAL PLAN OF DENTAL NEYTET COMMUNICATION MUNICIPAL CLRKC /FIN VIGER, JEAN SPRINT HEALTH PARTNERS Total INSURANCE MONTHLY SERVICE /MAY MEMBERSHIP /JEAN V SUPPLIES /FIRE INTERVIEWS MONTHLY SERVICE /MAY HEALTH INSURANCE /JUNE for Department 402 ELEI°11ONS ANOKA COUNTY G.I.S. PRECINCT MAPS Total for Department 403 SENIORS SENIORS SENIORS SENIORS FINANCE FINANCE TDS METROCOM MONTHLY SERVICE /MAY DELTA DENTAL PLAN OF DENTAL INSURANCE NEYTEL COMMUNICATION MONTHLY SERVICE /MAY HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 406 DELTA DENTAL PLAN OF DENTAL INSURANCE HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 407 ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF DENTAL INSURANCE ECONOMIC DEVELOPMENT HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 415 PLANNING & ZONING DELTA DENTAL PLAN OF DENTAL INSURANCE PLANNING & ZONING SRF CONSULTING GROUP TRANSPORTATION PLAN Amount 229.44 3,916.60 860.05 3,760.00 2,447.82 817.68 257.03 80.00 80.00 BO.D0 11,347.34 23,876.16* 167.50 17.07 35.00 30.84 79.45 2,132.60 2,462.46* 63.90 63.90* 35.44 20.94 17.07 252.16 325.61* 117.24 795.67 912.91* 33.50 403.34 436.84* 67.00 1,199.71 • • Date: 05/30/2008 Time 09:46:10 • Department Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING & ZONING BONESTR00, INC. COMP PLAN /APRIL PLANNING & ZONING HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 416 COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE LICE ICE ,2 CE JLI CE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE DELTA DENTAL PLAN OF DENTAL INSURANCE NEETEL COMMDNICATION MONTHLY SERVICE /MAY HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 418 UNITED PARCEL SERVIC ANOKA COUNTY GOVERNM TDS METROCOM TARGET ASPEN MILLS, INC. ASPEN MILLS, INC. REMINGTON ARMS COMPA MINNESOTA BOARD OF P BOWDICH, JACKIE M. BRAGELMAN, CHRISTOPH BRAGELMAN, CHRISTOPH OWENS, WILLIAM HEWLETT- PACKARD COMP DELTA DENTAL PLAN OF HOME DEPOT CREDIT SE INTOXIMETEPS , INC. IMAGE PRINTING & GRA TEE'S PLUS (EDH, INC METRO SALES INCORPOR INVENTORY TRADING CO XCEL ENERGY PETTY CASH /7,T,PD MINNESOTA SHREDDING STREICBER'S, INC. UNIFORMS UNLIMITED, ANDERSON, KAREN PROPAC, INC. AVIATION AND LAW ENF MINNEAPOLIS COMMIT RAMSEY COUNTY VITAL ST. PAUL, CITY OF KARL ACHILLES MAGIC BERBEE INFORMATION N HEALTH PARTNERS CORPORATE EXPRESS, I Total for DELIVERY SERVICE NOTARY /LORI H MONTHLY SERVICE /MAY MEETING SUPPLIES /MEDIA /B UNIFORM SUPPLIES /81620 UNIFORM SUPPLIES/8168D TRAINING LICENSE RENEWAL /9 REIMBURSE TUITION /BOOKS REIMBURSE MEALS REIMBURSE 'TUITION REIMBURSE DARE SUPPLIES CAMERA GRANT DENTAL INSURANCE LOCRWASHER /GLOVES /SAW CONTRACT RECERTIFICATION DARE PROGRAM PRINTING /12 T- SHIRTS /DARE ANNUAL MAINTENANCE RESERVE HATS MONTHLY SERVICE /APRIL LOCKS /CABLE /LABELS /BOOKS DESTROY CONFIDENTIAL MAT UNIFORM SUPPLIES FLASHLIGHT REIMBURSE 'i'uiTION /BOOKS CUSTOM KIT /TAPE COURSE /BILL 0 EDUCATION /JACKIE B & LOR NOTARY REGISTER /JACKIE B RADIO SERVICE /MAINTENANC VOLUNTEER CELEBRATION PART OF CAMERA GRANT HEALTH INSURANCE /JUNE OFFICE SUPPLIES Department 420 DELTA DENTAL PLAN OF DENTAL INSURANCE HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 421 13,454.52 806.68 15,527.91* 58.64 17.07 1,034.42 1,110.13* 45.42 100.00 672.12 370.02 64.35 124.00 400.00 810.00 1,345.58 112.70 1,555.11 53.05 761.66 520.14 12.52 284.96 179.03 1,057.68 115.00 300.00 3.27 243.98 48.00 1,757.76 117.1D 1,058.14 3,780.61 40.00 250.00 100.00 94.50 100.00 1,796. B7 13,404.56 167.09 31,845.24* 98.16 1,678.04 1,776.20* Date: 05/30/2008 Time: 09:46:10 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount BUILDING INSPECTIONS DELTA DENTAL PLAN OF DENTAL INSURANCE BUILDING INSPECTIONS NEX'EL COMMUNICATION MONTHLY SERVICE /MAY BUILDING INSPECTIONS HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERITNENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS TDS METROCOM PHILIP'S TREE CARE BRYAN ROCK PRODUCTS, BRYAN ROCK PRODUCTS, DELTA DENTAL PLAN OF NEX'H. COMMUNICATION XCEL ENERGY T.A. SCHIFSKY AND SO MONTHLY SERVICE /MAY HERRBICIDE CLASS 2 DENTAL INSURANCE MONTHLY SERVICE /MAY MONTHLY SERVICE /APRIL ASPHALT BARTON SAND & GRAVEL NO 4 /SAND & GRAVEL WRIUE'I /HENNEPIN CD -0 MONTHLY SERVICE /MAY HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 430 MACQUEEN EQUIPMENT, WINGFOOT COMMERCIAL BAUER BUILT, INC. RIGID HITCH, INC. RIGID HITCH, INC. BOYER TRUCKS, INC. DELTA DENTAL PLAN OF GRAFFC0, INC. G & K SERVICES FACTORY MOTOR PARTS FACTORY MOTOR PARTS PETTY CASH RUFFRIDGE- JOHNSON, I THANE HAWKINS POLAR HARMON AUTOGLP.SS BLOWER MOTOR TIRES TRANSFORCE ADAPTER COUPLER /DROP BALL /HITCH TROUBLESHOOT TRUCK DENTAL INSURANCE MICRON FILTER SHOP TOWELS FUEL PUMP /STRAINER SENSOR /PUMP ASSEMBLY STICKERS/CLEANER MOTOR MATS /LAMP WINDSHIELD DAVIS EQUIPMENT CORP MOWER /U- JOINT /1387 ANDERSON 6 KOCH FORD CHECK BALL JOINTS HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 431 ANCHOR PAPER COMPANY TDS METROCOM PHILIP'S TREE CARE C. P. OFFICE PRODUCT CIRCLE PINES, CITY 0 DELTA DENTAL PLAN OF PAPER MONTHLY SERVICE /MAY HERBICIDE OFFICE SUPPLIES MONTHLY SERVICE /APRIL DENTAL INSURANCE LAKESIDE AUTO & PAIN UNIT 320 5 -1 -0B OCCDRANC METRO SALES INCORPOR COPIER MAINTENANCE PETTY CASH CLEANER /TOOLS TWIN CITY GARAGE 000 MAINTENANCE HEALTH PARTNERS HEALTH INSURANCE /JUNE Total for Department 432 142.38 157.62 2,296.56 2,596.56* 35.44 49.36 379.86 3,064.04 246.23 34.14 4,610.92 1,976.14 2,659.81 810.00 3,648.06 17,514.00* 238.14 532.41 861.35 287.89 48.45 257.56 38.52 15.71 21.62 93.69 232.30 21.56 163.16 193.09 208.13 666.27 86.19 654.51 4 620.55* 774.63 123.36 60.54 146.30 3,841.07 33.50 1,396.47 530.69 16.13 414.00 403.34 7,740.03* Date: 05/30/2008 Time: 09:46:10 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PARKS CIRCLE PINES, CITY 0 MONTHLY SERVICE /APRIL 317.94 PARKS DELTA DENTAL PLAN OF DENTAL INSURANCE 167.49 PARKS NEXTF.L COMMUNICATION MONTHLY SERVICE /MAY 266.28 _PARKS HIRSHFIELD'S PAINT M ATHLETIC FIELD STRIPING 319.50 PARKS HOFFMAN, MICHAEL REIMBURSE STRAW FOR NURS 40.00 PARKS HOME DEPOT CREDIT SE LDCKWASHER /GLOVES /SAW 22.68 PARKS TESSMAN SEED COMPANY BOULEVARD MIX 841.35 PARKS XCEL ENERGY MONTHLY SERVICE /APRIL 97.56 PARKS HEALTH PARTNERS HEALTH INSURANCE /JUNE 1,256.98 Total for Department 450 3,329.78* RECREATION DELTA DENTAL PLAN OF DENTAL INSURANCE 107.20 RECREATION NEXTEL COMMUNICATION MONTHLY SERVICE /MAY 17.07 RECREATION PETTY CASH RAGS 8.94 P..ECR.EATION HEALTH PARTNERS HEALTH INSURANCE /JUNE 775.94 Total for Department 451 909.15* ENVIRONMENTAL DELTA DENTAL PLAN OF DENTAL INSURANCE 11.72 ENVIRONMENTAL NXXTEL COMMUNICATION MONTHLY SERVICE /MAY 34.14 ENVIRONMENTAL HEALTH PARTNERS HEALTH INSURANCE /JUNE 241.53 Total for Department 461 287.39* SOLID WASTE TRICIA HAYNES 2 ENVIRO SHOWS 1,500.00 SOLID WASTE TARGET MEETING SUPPLIES /MEDIA /5 17.70 SOLID WASTE DELTA DENTAL PLAN OF DENTAL INSURANCE 10.05 illitID WASTE HOME DEPOT CREDIT SE LOCKWASHER /GLOVES /SAW 11.94 _D WASTE J. R.'S APPLIANCE DI RECYCLING DAY 995.00 ID WASTE FIRST STATE TIRE REC RECYCLING DAY 163.00 „ID WASTE GREEN LIGHTS RECYCLI RECYCLING DAY BULBS 189.96 SOLID WASTE APOGEE RETAIL, LLC RECYCLING DAY PICK -UP 200.00 SOLID WASTE HEALTH PARTNERS HEALTH INSURANCE /JUNE 248.85 Total for Department 462 3,336.5D* FORESTRY DELTA DENTAL PLAN OF DENTAL INSURANCE 11.72 FORESTRY HEALTH PARTNERS HEALTH INSURANCE /JUNE 241.53 Total for Department 463 253.25* Total for Fund 101 OREN, LAURA REIMBURSE PROGRAM REC ELOM, ALESHA REIMS PROGRAM REC SEGE, LAURA REIMBURSE PROGRAM REC GEPTEN AMY REIMBURSE PROGRAM REC Total for Department ADULT SPORTS GENERAL SPORTS CORPO CAPS Total for Department 202 YOUTH INSTRUCTIONAL GENERAL SPORTS CORP() T- SHIRTS Total for Department 207 • 118,924.57* 10.00 35.00 40.00 17.50 102.50* 382.50 382.50* 927.20 927.20* Date: 05/30/2008 Time 09:46:10 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount YOUTH SPORTS YOUTH SPORTS GENERAL SPORTS CORPO JERSEYS IMAGE PRINTING E. GRA PROGRAM REC FLYER /127853 Total for Department 208 Total for Fund 201 OTHER REED BUSINESS INFORM ADVERTISING OVERLAY OTHER REED BUSINESS INFORM ADVERTISING SEALCOAT Total for Department 499 OTHER OTHER 0_ F"K WP_'i'a1t WA= WATER WP_l�:x WAriat WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER Total for Fund 421 SHORT- F7.TIOTT- HENDRI 35W /CSAH 23 /APRIL SHORT - ELLIOTT- HENDRI LEGACY DESISGN /APRIL LUNDA CONSTRUCTION C LAKE DRIVE /35 W Total for Department 499 Total for Fund 471 ABLE HOSE AND RUBBER AID F.i,FCTRIC SERVICE TDS METROCOM PHILIP'S TREE CARE C. W. HOITLE, INC. CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEL COMMUNICATION XCEL ENERGY PETTY CASH PETTY CASH PETTY CASH HD SUPPLY WATERWORKS WINNICK SUPPLY, INC. SUPPLIES TROUBLESHOOT /WELL #15 MONTHLY SERVICE /MAY HERBICIDE REPAIR WATERMAIN LEAK UTILITY BILLING POSTAGE DENTAL INSURANCE MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY BLEACH POSTAGE TOOL VALVE REPLACEMENT BATS, VALVE HEALTH PARTNERS BEALTH INSURANCE /JUNE Total for Department 494 Total for Fund 601 PHILIP'S TREE CARE CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEI COMMUNICATION GRAINGER, INC. XCEL ENERGY TRUCE UTILITIES, INC HEALTH PARTNERS Total for HERBICIDE UTILITY BILLING POSTAGE DENTAL INSURANCE MONTHLY SERVICE /MAY CAPACITOR /BOOT /MOUNTING MONTHLY SERVICE /APRIL LATCH HEALTH INSURANCE /JUNE Department 495 Total for Fund 602 2,707.50 250.54 2,958.04* 4,370.24* 173.16 173.16 346.32* 346.32* 11,093.98 565.29 338,786.97 350,446.24* 350,446.24* 303.37 753.34 106.32 148.10 4,535.17 276.39 105.52 59.40 1,730.44 7.32 7.56 6.37 1,203.05 142.50 1,346.80 10,731.65* 10,731.65* 49.36 276.39 72.03 49.79 50.02 1,004.19 72.98 943.46 2,518.22* 2,518.22* Date: 05/30/2006 • Time 09:46:10 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount BLUE TOW SERVICE, IN TOW '01 FORD F15D KATH AUTO PARTS, INC HITCH RECEIVER PRAIRIE MOON NURSERY PRAIRIE SEEDS /HIGHLAND M MATTHEW DARCY /MARY P REIMS BLDG ESCROW /922 KE SCOTT OLMSTEAD BUILD REIMS BLDG ESCROW /922 KE Total for Department Total for Fund 801 Grand Total • • 119.83 149.06 985.94 2,450.00 950.00 4,654.83* 4,654.83* 491,992.07* • • CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 06/08 - 06/08 Check Issue Date(s): 06/01/2008 - 06/02/2008 Page: 1 Jun 02, 2008 12:58pm Per Date Check No Vendor No Payee 06/08 06/02/08 3266 11565 ASPEN MILLS 06/08 06/02/08 3267 20140 MILO BENNETT 06/08 06/02/08 3268 30480 CENTENNIAL UTILITIES 06/08 06/02/08 3269 30490 06/08 06/02/08 3270 31008 06/08 06/02/08 3271 31137 06/08 06/02/08 3272 120331 06/08 06/02/08 3273 150140 06/08 06/02/08 3274 160175 06/08 06/02/08 3275 170180 Totals: CENTERPOINT ENERGY COMCAST CONNEXUS ENERGY LEAGUE OF MN CITIES INS TRUST OFFICE DEPOT, INC PERSONNEL DECISIONS INTL QW EST Invoice Description UNIFORMS REIMB OFFICE SUPPLIES APRIL UTILITIES STATION 1 STATION 2 GAS USAGE INTERNET APRIL ELECTRIC STATION 1 2007 WKCOMP ADJ PAPER CONSULTING COMMUNICATIONS Inv Amount 42.50 30.61 444.60 286.29 94.00 343.55 107.00 108.04 7,500.00 55.14 9,011.73 M = Manual Check, V = Void Check • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES May 27, 2008 : May 27, 2008 . 5:30 p.m. : 6:30 p.m. : Councilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : none Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek; Director of Public Safety, Dave Pecchia; City Attorney, Scott Ba imgartner; City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS There was no change to the regular agenda. The following agenda items were discussed. Item 3A Consideration of New Off -Sale Liquor License for Liquor Barrel, Inc. at 7997 Lake Drive — Julie Bartell explained that on May 12, 2008, the City Council took action to table the off -sale liquor and tobacco license application of the Liquor Barrel in order to give further consideration to the license application. Following the meeting, staff encouraged council members to identify any needed information to facilitate a staff response. The information requested and staff response was reviewed. Attorney Baumgartner explained that city's do have some discretion in granting or renewing licenses. The important factor is not to act arbitrarily or capriciously. When asked about the impact of another liquor establishment on public safety resources, Chief Pecchia noted that the department does not have any specific objections. They do receive grant funding each year to do compliance and enforcement activity. It was noted by the council the Liquor Barrel application must be considered under the current ordinance The council may want to look in the future at new elements to the city's regulations but that cannot impact this application. It was noted that an off sale establishment that was opened in 2006, MGM Wine and Spirits, had apparently gone out of business this year. The council wondered if MGM were to return with a license request, would the city be obligated to grant it, as a renewal or new license? The City Attorney suggested again that that cities do have some discretion in granting liquor licenses and should have grounds to deny a license, even if it were a new applicant. CITY COUNCIL WORK SESSION May 27, 2008 DRAFT 47 Adam LeMare, Lakes Liquor, questioned the wisdom in opening another store in a market that 48 didn't support MGM. 49 50 Item 2A Consider acceptance of final study on utility rate report from Springsted, Inc. - 51 Finance Director Rolek noted that staff is seeking only acceptance of the report at this time. 52 With that acceptance, staff will begin working on a communications plan for presentation of the 53 concept to the public. Patty Kettles of Springsted, Inc. will have a short presentation at the 54 council meeting. 55 56 Animal Ordinance — Community Development Director Grochala reviewed the ordinance that 57 includes changes requested at the council work session review, including the voice control 58 change. Staff is requesting second reading of the ordinance. 59 60 Police Department Annual Report - Public Safety Director Pecchia noted the draft report. It 61 will be finalized after the council accepts the draft. 62 63 Chief Pecchia also reported on storm damage from the previous weekend. (Map distributed). 64 Tornado activity started on Peltier Lake and moved east to Hugo and caused damage. The map 65 indicates the extent of wind and hail damage in the city. That information is submitted to the 66 county and from there to the state to qualify for assistance. A barn and a storage bin were 67 completely destroyed in the Hardwood Creek area. City Hall suffered minor roof damage and 68 city well houses had some damage. One house has been left uninhabitable and there was one 69 reported injury from a falling branch near Peltier Lake. There are approximately 2,500 homes in 70 the city that received notable damage; in' addition 50 of the homes in the manufactured home 71 park were damaged. Emergency operations were in place quickly and worked well. At the end 72 of the day, every block in the city was checked. At this point, the city Web site has information 73 for the public. 74 75 When the council asked what support the city is giving to Hugo, Mayor Bergeson explained that 76 he and the city administrator had visited the mayor (of Hugo) and were not informed of any 77 direct needs at that time. The city will remain in touch and open to providing assistance as 78 needed. 79 80 The meeting was adjourned at 6:30 p.m. 81 82 These minutes were considered, corrected and approved at the regular Council meeting held on 83 June 9, 2008. 84 85 86 87 88 89 90 Julianne Bartell, City Clerk John Bergeson, Mayor 91 92 • 1 • • 2 3 4 5 DATE: 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 11 12 13 14 15 16 MEMBERS ABSENT STA/it MEMBERS PRESENT: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek; Director of Public Safety, Dave Pecchia; Environmental Coordinator, Marty Asleson; City Clerk, Julie Bartell DRAFT CITY OF LINO LAKES MINUTES REGULAR COUNCIL MEETING : May 27, 2008 . 6:30 p.m. : 8:15 p.m. : Council Member Gallup, O'Donnell, Stoltz, Reinert, and Mayor Bergeson : none PUBLIC COMMENT 17 John DeHaven, 1612 Birch Street, Lino Lakes. The council gave permission for he and his wife 18 to get a reverse mortgage and that was a good thing. He received information in the mail on the 19 process (from staff) and was shocked at the amount of paperwork and money that is required. 20 The instructions are virtually impossible to follow or complete. He doesn't believe it was the 21 intent of the council, in passing an ordinance allowing this process, to make it impossible for a 22 person to apply. He also has some general concerns about city operations and road 23 improvements; city staff should be reduced by at least half to fund needed improvements. 24 The Mayor requested that staff leave the council meeting and assist Mr. DeHaven in completing 25 the necessary paperwork. 26 SETTING THE AGENDA 27 The agenda was approved as presented. 28 SPECIAL PRESENTATION 29 Dr. Roger Womer, School Superintendent, Centennial School District, updated the council on 30 the activities and goals of the school district. The district ranks highly in the area of 31 achievement, attendance, behavior and finances. Short and long term concerns were presented 32 and included enrollment changes, attraction (through open enrollment), finances /economy /tax 33 load, commitment of state funding, and fulfillment of promises related to the 2005 operating 34 referendum. They are delighted with the assistance and cooperation of the staff and officials of 35 the City of Lino Lakes. Chairperson Christina Wilson, Centennial School Board, was 36 introduced. 37 The council offered thanks and congratulations on the great education work of the district. COUNCIL MINUTES May 27, 2008 DRAFT 38 When asked about the impact of rising fuel costs, Dr. Warner noted the related rise in food costs 39 caused the school board to institute price increases; on transportation costs, the situation is 40 workable especially since the providers are willing to come to the table and work with the 41 district. 42 CONSENT AGENDA 43 Council Member Reinert moved to approve the Consent Agenda. Council Member Stoltz 44 seconded the motion. Motion carried on a voice vote. 45 46 ITEM ACTION 47 48 Consideration of Expenditures: 49 May 27, 2008 (Check No. 82920 through 83037), $272,726.61 Approved 50 Centennial Fire District (Check No. 3253 through 3265), $27,876.84 Approved 51 52 May 5, 2008 Council Work Session Minutes Approved 53 54 May 12, 2008 City Council Meeting Minutes Approved 55 56 Resolution No. 08 -52, Approving an annual permit for the sale 57 Of consumer fireworks at Super Target, 749 Apollo Drive Approved 58 59 Resolution No. 08 -49, Approving a Peddler Permit for Diversified 60 Roofing, Inc. Approved 61 62 Resolution No. 08 -53, Approving temporary 3.2 on -sale beer, 63 Cabaret and exempt gambling license for St. Joseph's Church fall 64 Festival, August 9 -10, 2008 Approved 65 FINANCE DEPARTMENT REPORT, AL ROLEK 66 Accept Final Utility Rate Study Report from Springsted, Inc. 67 Finance Director Rolek recalled that the council initiated in the utility rate study in 2007 and the 68 report presented now by Springsted, Inc. includes changes based on comments from council 69 reviews in 2007 and April 2008. The utility rate study is a part of the city's required Water 70 Management and Conservation Plan in promoting water conservation. The study recommends a 71 5 -tier residential water rate structure, a commercial rate structure and no adjustment to sewer 72 rates until 2013. Rate approval is not being requested at this time; staff would like the report to 73 be accepted so that staff can work on public information for a hearing to be held late summer or 74 early fall. 75 76 Patty Kettles, Springsted, Inc., reviewed the written report. The study includes review of the 77 water and sewer utilities with consideration that a rate structure should cover operating, capital 78 as well as reserves and debt service reserves. Review of the sewer availability charge showed it 79 to be appropriate as is; no rate includes is recommended until year 2013. On the water side, new 80 residential and commercial rate structures are recommended with built in review periods. • • • • • COUNCIL MINUTES May 27, 2008 DRAFT 81 Included was a note that the Legislature enacted law that will require cities to implement water 82 conservation rate structure by year 2010. 83 84 Council Member Gallup moved to accept the Final Utility Rate Study Report as presented. 85 Council Member Reinert+ 86 seconded the motion. Motion carried on a voice vote. 87 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 88 3A) Consider Resolution No. 08-48, Approving an Off-Sale Liquor and Tobacco License for 89 Lino Lakes Liquor Barrel, Inc., for a new store at 7997 Lake Drive, Suite 120, Tabled by the 90 Council on May 12, 2008 91 City Clerk Bartell reported that an application has been submitted by Lino Lakes Liquor Barrel, 92 Inc. for a new off -sale liquor and tobacco license for a store to be located at 7997 Lake Drive. 93 The application process is complete, the related fees have been paid and insurance information 94 has been provided to the City as required. The Lino Lakes Police Department has conducted a 95 background investigation and found no information that would give a specific reason to deny the 96 application. In accordance with the Lino Lakes Code of Ordinances, this application requires 97 approval by the City Council. 98 99 In accordance with the city code, an opportunity was given to any person wishing to be heard for 100 or against the granting of the license. There were no comments. 101 102 Council Member Reinert moved to approve Resolution No. 08 -48, as presented. Council 103 Member O'Donnell seconded the motion. Motion carried on a voice vote. 104 105 3B) Consider Resolution No. 08 -56, Approving the renewal of liquor, wine beer and dance 106 licenses for the period of July 1, 2008 through June 30, 2009 107 City Clerk Bartell reported that liquor, wine, beer and dance licenses in the City of Lino Lakes 108 are issued annually and will expire on June 30, 2008. A list of the establishments that have 109 submitted renewal applications was included in the staff report. Staff has been working with the 110 applicants to put in place all necessary information and documentation to meet state and local 111 requirements for the license they request. The Police Department has completed background 112 investigations and compliance checks for the applicants and has indicated no new information 113 that would lead to a recommendation of denial of any of these licenses. 114 115 Council Member Gallup moved to approve Resolution No. 08 -56, as presented.. Council 116 Member O'Donnell seconded the motion. Motion carried on a voice vote. 117 118 3C) Employment Offer, Centennial Fire District Chief 119 Administrator Gordon Heitke outlined the process that the city administrators of Circle Pines, 120 Centerville and Lino Lakes have used to identify and select a candidate to fill the position of 121 Centennial Fire District Chief when the current chief, Milo Bennett, retires in August. The 122 recommendation brought to and ratified by the Fire District Steering Committee is to hire Mr. Jerry 123 Streich for the position. Council ratification of this recommendation is requested. 124 COUNCIL MINUTES May 27, 2008 DRAFT 125 Council Member Stoltz moved to approve a conditional offer of employment for Centennial Fire 126 District Chief to Jerry Streich. Council Member Reinert seconded the motion. Motion carried on a 127 voice vote. 128 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 129 4A) Police Department Annual Report 130 Public Safety Director Pecchia offered thanks to the officials and citizens of Lino Lakes who 131 make possible the success of the department. In reviewing the Police Department's 2007 Annual 132 Report, Chief Pecchia hi .blighted the work and contribution of volunteers to the department — a 133 dollar value over $100,000 to the community and department. The department continues to 134 implement more volunteer programs. The crime rate remains very low in comparison with other 135 communities. 136 137 A council member requested an e -mail copy of the report. 138 139 The council recognized the exceptional success of the volunteer program. 140 141 In response to questions, the Chief noted that the rise in drug related offenses can be attributed to 142 increased training efforts of officers, including on the job training, and also having a dog 143 available has been helpful. 144 145 Council Member Reinert moved to accept the Police Department Annual Report as presented. 146 Council Member Gallup seconded the motion. Motion carried on a voice vote. 147 148 Chief Pecchia gave a brief storm update. Indicating the hardest hit areas on a map, he explained 149 that the tornado activity occurred over Peltier Lake and moved into Hugo where it did the most 150 damage. The city did suffer substantial damage from high winds and hail. There were over 151 2,500 homes affected by the storm. Emergency services were in place quickly and efficiently 152 and, eventually, the department checked every block in the city. 153 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 154 There was no report from the Public Services Department. 155 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 156 6A) Public Hearing, NPDES Phase II Annual Report 157 Engineer Studenski noted that in order to comply with the Clean Water Act and various state 158 rules, the city is required to hold an annual public hearing relative to the city's storm water 159 pollution prevention plan. Public comment has been properly solicited and no written statements 160 were received by staff. He reviewed the elements of the program. Staff reviews 20% of the 161 pipes each year and that pushes the repair and replacement program. Following the public 162 hearing, staff will prepare the required report to be submitted to the state. 163 164 Mayor Bergeson opened the public hearing at 8:00 p.m. There being no one present wishing to 165 speak, Council Member Reinert moved to close the public hearing. Council Member O'Donnell 166 seconded the motion. Motion carried. • • COUNCIL MINUTES May 27, 2008 DRAFT •167 168 6B) Consider Resolution No. 08 -55, Authorizing Participation in RCWD Blue Thumb 169 Program 170 Environmental Coordinator Asleson explained that the Blue Thumb Program is an initiative of the 171 Rice Creek Watershed district to provide online outreach to help residents plan and plant native 172 gardens, rain gardens and shorelines with native plants. City participation in the program is 173 included in the Environmental Board goals. 174 175 When asked about how the city will fulfill its expected donation of funds or action hours, Asleson 176 suggested that the action hours could really be carried out in all the elements of surface water 177 management projects. There is also an Environmental Board member interested in instituting an 178 elementary school program and those hours could also be considered part of the city's required 30 179 action hours. 180 181 Council Member O'Donnell moved to approve Resolution No. 08 -55, as presented. Council 182 Member Gallup seconded the motion. Motion carried on a voice vote. 183 184 6C) Animal Control Regulations 185 186 i. Consider 2nd Reading of Ordinance No. 03 -08, Repealing Sections 502, 503, 187 506 & 607 of the City Code and Adopting a New Chapter 503 Entitled •188 Animal Control Regulations 189 190 Community Development Director Grochala explained that the proposed animal control 191 regulations before the council were approved for first reading in February 2008. Since that time, 192 the police department has conducted a public meeting to allow for citizen comment on the 193 regulations and the proposed ordinance has been modified to address some comments received. 194 Most notably, a modification was made in the area of allowing voice command on owner's 195 property. 196 197 It was clarified that a dog taken to an area where hunting is allowed can be restrained by voice 198 control. The draft as it stands has been somewhat loosened based on council's review and 199 direction and will provide overall improvement in the area of clarity. 200 201 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 202 Member Reinert seconded the motion. Motion carried on a voice vote. 203 204 Council Member Gallup moved to approve the 2nd reading of Ordinance No. 03 -08 as presented. 205 Council Member Stoltz seconded the motion. A roll call vote was taken. Motion carried as 206 follows: Yeas, 5; Nays, none. 207 208 ii. Consider Resolution No. 08 -03, Approving a Summary of Ordinance 03 -08 209 for Publication •210 211 Council Member Stoltz moved to approve Resolution No. 08 -03, as presented. Council Member 212 Gallup seconded the motion. A roll call vote was taken. Motion carried. COUNCIL MINUTES May 27, 2008 DRAFT 213 214 6D) Consider Resolution No. 08 -54, Change Order No. 13, Lake Drive /35W Improvement 215 Project — Community Development Director Grochala explained that the change order before the 216 council involves the addition of guard rails on the bridge project. The cost of $22,052 will be 217 funded from the project contingency. 218 219 Council Member O'Donnell moved to approve Resolution No. 08 -54, as presented. Council 220 Member Stoltz seconded the motion. Motion carried on a voice vote. 221 UNFINISHED BUSINESS 222 There was no unfinished business. 223 NEW BUSINESS 224 There was no new business. 225 ADJOURNMENT 226 There being no further business, Council Member Reinert moved to adjourn at 8:15 p.m. 227 Council Member O'Donnell seconded the motion. Motion carried. 228 229 230 231 232 233 234 235 236 237 238 Wednesday, May 28 • Monday, June 2 • Monday, June 2 • Thursday, June 5 • Monday, June 9 Community Calendar - A Look Ahead May 28, 2008 through June 9, 2008 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board (canceled) EDAC Council Meeting 239 240 241 These minutes were considered and approved at the regular City Council Meeting on June 9, 242 2008. 243 244 245 246 247 Julianne Bartell, City Clerk John Bergeson, Mayor • REVISED AGENDA ITEM 1D STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: June 9, 2008 TOPIC: Approving Peddlers License for various companies VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Recent storms in the area have caused property damage to many homes in Lino Lakes. Many companies in the business of property repair and improvement are anxious to offer their services to city property owners with damages. Based on the city's regulations requiring issuance of a transient merchant/peddler license, the city has received numerous applications for licenses that will allow companies to solicit business on a door -to -door basis. The following companies have submitted an application to the city clerk's office requesting a peddler license: H & H Restoration Services, Inc., 6935 2nd Av, Lino Lakes, MN; Hometown Restoration, 7305 Aspen Lane N, Brooklyn Park, MN; Patrick Home Exteriors, 127 Co Rd C, Little Canada, MN The Gopher Company, Inc., 2701 36th Av S, Mpls, MN Michael Heiderscheid Construction, Inc., 1508 16th Av SE, Cambridge, MN The City has received from each of these companies the necessary forms required to issue a license. All approvals are contingent upon the applicant(s) finally meeting all local requirements. According to city ordinance, background checks are required on all representatives who would be working in the city. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolutions No. 08 -58, 08 -59, 08 -60, 08 -62 and 08 -63 authorizing issuance of peddler licenses for H & H Restoration Services, Hometown Restoration, Patrick Home Exteriors, The Gopher Company and Michael Heidersheid Construction, Inc. 2. Deny Resolutions No. 08 -58, 08 -59, 08 -60, 08 -62 and 08 -63 • RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -62 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, The Gopher Company, Inc., has submitted a peddler's license application to the city clerk's office; and WHEREAS, The Gopher Company, Inc. has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a for - profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all company representatives who would be soliciting in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: The Gopher Company, Inc. is hereby authorized to solicit construction services door to door for a period of six - months beginning June 9, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 9th day of June, 2008. John J. Bergeson, Mayor ATTEST: 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. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -63 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, Michael Heidersheid Construction, Inc., has submitted a peddler's license application to the city clerk's office; and WHEREAS, Michael Heidersheid Construction, Inc. has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a for - profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all company representatives who would be soliciting in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: Michael Heidersheid Construction, Inc. is hereby authorized to solicit construction services door to door for a period of six - months beginning June 9, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 9th day of June, 2008. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: June 9, 2008 TOPIC: Approving Peddlers License for various companies VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Recent storms in the area have caused property damage to many homes in Lino Lakes. Many companies in the business of property repair and improvement are anxious to offer their services to city property owners with damages. Based on the city's regulations requiring issuance of a transient merchant/peddler license, the city has received numerous applications for licenses that will allow companies to solicit business on a door -to -door basis. The following companies have submitted an application to the city clerk's office requesting a peddler license: H & H Restoration Services, Inc., 6935 2 "d Av, Lino Lakes, MN; Hometown Restoration, 7305 Aspen Lane N, Brooklyn Park, MN; Patrick Home Exteriors, 127 Co Rd C, Little Canada, MN The City has received from each of these companies all the necessary forms required to issue a license. As required by city ordinance, background checks have been performed on all representatives who would be working in the city. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolutions No. 08 -58, 08 -59, and 08 -60, authorizing issuance of peddler licenses for H & H Restoration Services, Hometown Restoration, and Patrick Home Exteriors. 2. Deny Resolutions No. 08 -58, 08 -59, and 08 -60 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -58 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, H & H Restoration Services, Inc., has submitted a peddler's license application to the city clerk's office; and WHEREAS, H & H Restoration Services, Inc. has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a for - profit business; and WHEREAS, the Lino Lakes Poiice Department has conducted a background check on all company representatives who would be soliciting in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: H & H Restoration Services, Inc. is hereby authorized to solicit construction services door to door for a period of six - months beginning June 9, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 9th day of June, 2008. John J. Bergeson, Mayor ATTEST: 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. • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -59 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, Chad A. Bateson of Hometown Restoration company, has submitted a peddler's license application to the city clerk's office; and WHEREAS, Hometown Restoration company has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a for - profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all company representatives who would be soliciting in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: • Hometown Restoration company is hereby authorized to solicit construction services door to door for a period of six - months beginning June 9, 2008 subject to all conditions and provisions of said ordinance. • Passed by the City Council of the City of Lino Lakes this 9th day of June, 2008. John J. Bergeson, Mayor ATTEST: 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. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -60 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, Patrick E. Tacheny, owner of Patrick Home Exteriors, Inc., has submitted a peddler's license application to the city clerk's office; and WHEREAS, Patrick Home Exteriors, Inc. has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a for - profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all company representatives who would be soliciting in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: Patrick Home Exteriors, Inc. is hereby authorized to solicit construction services door to door for a period of six - months beginning June 9, 2008 subject to all conditions and provisions of said ordinance. Passed by the City Council of the City of Lino Lakes this 9th day of June, 2008. John J. Bergeson, Mayor ATTEST: 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. —28— • AGENDA ITEM 1 E STAFF ORIGINATOR David J. Pecchia Public Safety Director /Chief of Police MEETING DATE June 9, 2008 TOPIC Consideration of Resolution No. 08 -61, Acceptance of an additional $10,000 grant for participation in the Metro Gang Strike Force VOTES REQUIRED: Simple Majority BACKGROUND The Metro Gang Strike Force (MGSF) was established to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang. The MGSF is comprised of police officers from 11 different law enforcement agencies in the metro area. II Participation in the MGSF has benefited the Lino Lakes Police Department by providing great exposure and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing as well as apprehending gang members committing crimes in Lino Lakes and Anoka County. Assigning an officer to the MGSF is in accordance with the LLPD's philosophy of proactive policing. Defining, identifying and responding to the issue of gang related crime before it becomes a problem will assist us in our mission of providing a safe community for the residents in a changing and growing city. The Lino Lakes Police Department will be receiving an additional grant of $10,000 to assist with the costs associated with this assignment. OPTIONS 1. Adopt Resolution No. 08 -61 accepting an additional $10,000 grant for participation in the Metro Gang Strike Force. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -61 Accepting an additional grant of $10,000 for participation in the Metro Gang Strike Force WHEREAS, The Metro Gang Strike Force (MGSF) was established to coordinate efforts to prevent gang activity, investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang; and WHEREAS, Participation in the MGSF will benefit the Lino Lakes Police Department by providing great exposure and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing as well as apprehending gang members committing crime in Lino Lakes and Anoka County; and WHEREAS, Assigning an officer to the MGSF is in accordance with the LLPD's philosophy of proactive policing. Defining, identifying and responding to the issue of gang related crime before it becomes a problem will assist us in our mission of providing a safe community for the residents in a changing and growing city; and WHEREAS, The Lino Lakes Police Department will be receiving an additional grant of $10,000 to assist with the costs associated with this participation; and NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the additional grant of $10,000. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of June, 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. • • • MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Driver & Vehicle Services Emergency Communication Networks Office of Justice Programs • Homeland Security and Emergency Management State Fire Marshal/ Pipeline Safety State Patrol Traffic Safety • Office of Justice Programs 444 Cedar Street, Suite 100 St. Paul, Minnesota 55101 -5100 Phone: 651/201-7350 FAX: 651/284-3317 TTY: 651/282-6565 Internet http: / /www.dps.state.mn.us /OJP/ May 22, 2008 Chief Dave Pecchia Lino Lakes Police Department 640 Town Center Pkwy Lino Lakes, MN 55014 RE: 2008 -MGSF -00513 Dear Chief Pecchia, This letter is to notify you that we intend to formally amend the above referenced grant to award an additional $10,000 for this calendar year. As you know, we currently provide you with $40,000 in grant funding to support your agency's costs of assigning a full -time officer to the Metro Gang Strike Force. The per officer reimbursement amount is being raised to $50,000 retroactive to January 1, 2008 at the direction of Commissioner Michael Campion. We are taking the steps necessary to amend the grant and in a few weeks you will receive 3 copies of a formal amendment document. We will require that these documents to be signed by the individuals that signed the original grant contract documents. If you must take formal action with your jurisdiction's governing body to accept the additional funds, we request that you take this action as soon as possible. Once the grant amendment is fully executed we will provide you with instructions on how to request reimbursement for the additional funds awarded. Please feel free to call me at 651 - 201 -7338 if you have any questions related to this matter. Sincerely, Sue Perkins Sue Perkins State Program Administrator Equal Opportunity Employer • Memorandum AGENDA ITEM #1 F To: Mayor Bergeson and City Council Members From: Daniel Tesch, Director of Administration Date: 9 June 2008 RE: Liz Benoit This is to inform you that Liz Benoit, Recreation Supervisor, has resigned her position with the city effective 17 June 2008. We thank Liz for ten (10) years of dedicated service, and wish her the very best of luck for her future. • • • • • AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek MEETING DATE June 9, 2008 TOPIC Accept 2007 Audit Report VOTE REQUIRED Simple Majority (3/5) Brock Geyen of LarsonAllen, LLC will be in attendance at the meeting to provide a brief overview of the City's 2007 Annual Financial Report, present the auditor's management analysis and answer any questions you may have with regard to the financial condition of the City. The 2007 annual audit was undertaken by the City's auditors, LarsonAllen, LLC, earlier this year, with field work being completed in April. The auditors review all financial transactions and the financial reports of the City over the previous year for their fairness in presentation and for full disclosure of all material aspects of the City's financial condition. This review is conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in U.S. Govemment Auditing Standards, issued by the Comptroller General of the United States. The auditors concluded that the City's financial statements for 2007 presented fairly, in all material respects, the financial position of the City as of December 31, 2007. The auditors also issue their reports on the City's legal compliance with certain laws, . regulations, contracts, etc., our internal control structure, and management issues. It should be noted that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Govemment Finance Officers Association of the United States and Canada for its 2006 Comprehensive Annual Financial Report. This is the tenth consecutive year that the city has received this award. We believe that the report issued for 2007 continues to uphold the standards of reporting excellence that this prestigious award represents. Following the presentation by Mr. Geyen, staff recommends that the City Council formally, by motion, accept the 2007 Annual Audit Report. 1) Approve a motion accepting the 2007 Annual Audit Report. 2) Retum the report to staff for further review. Option 1. • • • AGENDA ITEM 3A STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: June 9, 2008 TOPIC: 1st Reading of Ordinance No. 10 -08, Placing a moratorium on the issuance of off -sale liquor licenses in the City of Lino Lakes VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: During discussion of a new off -sale liquor license on May 27, 2008, the council expressed a desire to review the current liquor ordinance. Subsequently, at the work session on June 2, 2008 the council directed staff to prepare a moratorium ordinance restricting issuance of off -sale liquor licenses for six months to allow time for review of the city's current off -sale liquor licensing regulations as they relate to number, location and proximity. OPTIONS: 1. Approve 1st Reading of Ordinance No. 10 -08 that places a moratorium on the issuance of off -sale liquor licenses in the city. 2. Deny 1st Reading of Ordinance No. 10.08. RECOMMENDATION: Option No. 1 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 10 -08 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF OFF - SALE LIQUOR LICENSES IN THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes does hereby ordain: Section 1. Preamble. Whereas, the City Council is authorized by Minnesota Statutes, Section 340A.405 to issue off -sale intoxicating liquor licenses to exclusive liquor stores, with approval of the commissioner of public safety; and Whereas, the City Council has currently authorized seven off -sale intoxicating liquor licenses within the city limits; and Whereas, the City Council has reviewed the geographic location of the seven licensed off -sale liquor establishments; and Whereas, the Lino Lakes City Code does not establish specific criteria for the geographic location or total number of off -sale liquor establishments; and Whereas, the City Council finds that proper planning for the number and location of off -sale liquor licenses within the city is necessary in order to protect the city's planning process and the health, safety and welfare of the citizens; and Whereas, the City Council has directed staff to conduct a study of the city's current off -sale liquor regulations for consideration of changes that will better serve the city's needs; and Whereas, Minnesota Statutes, Section 462.355, Subdivision 4, authorizes the City to establish interim ordinances for the purpose of protecting the planning process and the health, safety and welfare of its citizens while conducting studies for the purpose of considering adoption or amendment of official controls as defined in section 462.352, subdivision 15; and Whereas, the City Council finds that an interim ordinance placing a moratorium on the issuance of off -sale liquor licenses within the city limits is necessary to protect the process of updating the city's off -sale liquor license regulations. • • • Section 2. Definitions. Off -Sale Liquor License. Those licenses identified as "off- sale" in Section 701.02 of the Lino Lakes City Code and further identified as licenses issued only to exclusive liquor stores and permitting off -sale of liquor only. Section 3. Study and Review of Ordinance. The City Council hereby directs that the proper city officers shall review the city's liquor licensing regulations as they relate to number, location and proximity of off -sale licenses. Section 4. Moratorium. During the term of this ordinance, no new off -sale liquor license shall be issued and/or located within the boundaries of the City of Lino Lakes. Section 5. Authority. This ordinance is adopted pursuant to the authority granted to the City by Minnesota Statutes, Section 340A, entitled "Liquor ". Section 6. Effective Date. This ordinance becomes effective upon its passage and publication according to the Lino Lakes City Charter and shall be in effect for a period of 180 days from said effective date. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM NO. 5A Rick DeGardner, Public Services Director June 9, 2008 FIRST READING: Ordinance 09 -08, Amending The City Code, Section 304 to Include Administration and Regulation of Public Right -Of -Way Simple Majority BACKGROUND: As discussed at the May 5th and June 2nd City Council Work Sessions, staff is recommending that the City Code be amended to include a Right -of -Way Ordinance. The attached Right -of -Way Ordinance outlines the permit requirements, application process, and issuance of permits. This ordinance also establishes acceptable patching and restoration standards, and requires that mapping data (as -built drawings) be submitted to the City upon completion of the work. This ordinance also addresses the location and relocation, installation and reinstallation of facilities in the right -of -way pertaining to the City's desire to place utilities underground whenever feasible. The list of fees and charges will be established /included in the City's Fee Schedule and includes a degradation fee formula which comes into play whenever a portion of the paved road or trail surface is removed. This allows the city to recover costs associated with the decrease in the useful life of the right -of -way caused by the excavation. The proposed Right -of -Way Ordinance brings all companies under one uniform set of standards, streamlines the franchising process, and removes questions about the extent of the City's authority over non - franchised utilities such as the telephone companies. OPTIONS: 1. Approve First Reading of Ordinance 09 -08, Amending The City Code, Section 304 to Include Administration and Regulation of Public Right -Of -Way 2. Return to staff. RECOMMENDATION: Option 1. 1st Reading: Publication: 2nd Reading: Effective: Council Member ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 09 -08 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 304 RELATED TO ADMINISTRATION AND REGULATION OF PUBLIC RIGHT -OF -WAY The City Council of the City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 304 to read as follows: CHAPTER 304. ADMINISTRATION AND REGULATION OF PUBLIC RIGHT -OF -WAY 304.01 Election to Manage the Public Right -of -Way. To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the city strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant Minn. Stat. 237.163, subd.2(b), to manage rights -of -way within its jurisdiction. 304.02 Definitions. The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms whether or not italicized. Abandoned Facility: a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right -of -way user. Page 1 of 19 • • • • Applicant: any person requesting permission to excavate or obstruct a right -of- way. City: the city of Lino Lakes, Minnesota. For purposes of this chapter, "city" means its elected officials, officers, employees and agents. Commission: the State Public Utilities Commission. Congested Right -of -Way: a crowded condition in the subsurface of the public right -of -way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04, Subdivision 3, over a continuous length in excess of 500 feet. Degradation: a decrease in the useful life of the right -of -way caused by excavation in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost: subject to Minnesota Rules 7819.110, the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee: the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right -of -way caused by the excavation, and which equals the degradation cost. City Inspector: any person authorized by the city to carry out inspections related to the provisions of this chapter. Delay Penalty: the penalty imposed as a result of unreasonable delays in right - of -way excavation, obstruction, patching, or restoration as established by permit. Emergency: a condition that (1) poses a danger to life or health or of a significant Toss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment: any tangible asset used to install, repair, or maintain facilities in any right -of -way. Excavate: to dig into or in any way remove or physically disturb or penetrate any 1111 part of a right -of -way. Page 2 of 19 Excavation Permit: the permit, which, pursuant to this chapter, must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right -of -way described in such permit. Excavation Permit Fee: money paid to the city by an applicant to cover costs as provided in this chapter. Facility or Facilities: any tangible asset in the right -of -way required to provide Utility Service. Hole: an excavation in the right -of -way, with the excavation having a length less than the width of the pavement. Management Costs: the actual costs the city incurs in managing its rights -of- way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right -of -way work; determining the adequacy of right -of -way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right -of -way permits. Management costs do not include payment by a telecommunications right -of -way user for the use of the right -of -way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to this chapter. Obstruct: to place any tangible in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. Obstruction Permit: the permit which, pursuant to this chapter, must be obtained before a person may obstruct a right -of -way, allowing the holder to hinder free and open passage over the specified portion of that right -of -way, for the duration specified therein. Obstruction Permit Fee: money paid to the city by a permittee to cover costs as provided in this chapter. Patch or Patching: a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the sub -base and aggregate base and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five -year project plan. Pavement: any type of improved surface that is within the public right -of -way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit: the meaning given "right -of -way permit" in Minnesota Statutes, Section 237.162 Page 3 of 19 • • Permittee: any person to whom a permit to excavate or obstruct a right -of -way has been granted by the city under this chapter. Person: an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or non - profit, and whether natural, corporate, or political. Public Right -of -Way: the area on, below, or above a public roadway, highway, street, cart -way, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. A right -of -way does not include the airwaves above a right -of -way with regard to cellular or other non -wire telecommunications or broadcast service. Restore or Restoration: the process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration Cost: the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Right -of -Way Permit: either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. Right -of -Way User: (1) a telecommunications right -of -way user as defined by Minnesota Statutes, section 237.162, subd.4; or (2) a person owning or controlling a facility in the right -of -way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public- right -of -way. Service Lateral: an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end -use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Service or Utility Service: includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right -of -way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat., Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, sewer, steam, cooling, or heating services. Supplementary Application: an application made to excavate or obstruct more of 111 the right -of -way than allowed in, or to extend, a permit that had already been issued. Page 4 of 19 Temporary Surface: the compaction of sub -base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's capital improvement plan, and is scheduled for completion within two (2) years, in which case it is considered full restoration. Trench: an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunication Right -of -Way User: a person owning or controlling a facility in the right -of -way, or seeking to own or control a facility in the right -of -way that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunications activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat., Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat., Chap. 308A are not telecommunications right -of -way users for purposes of this chapter. 304.03 Permit Requirement. (1) Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right -of -way, including county roads or state highways within the city, without first having obtained the appropriate permit from the city. (a) Excavation Permit. An excavation permit is required to excavate that part of the right -of -way described in such permit and to hinder free and open passage over the specified portion of the right -of -way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction Permit. An obstruction permit is required to hinder free and open passage over the specified portion of right -of -way by placing equipment described therein on the right -of -way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (2) Permit Extensions. No person may excavate or obstruct the right -of -way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another right -of -way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Page 5of19 • • • (3) Delay Penalty. In accordance with Minnesota Rule 7819.1000, Subd. 3 and notwithstanding Subd. 2 of this Section, the city shall establish and impose a delay penalty for unreasonable delays in right -of -way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time in the city fee schedule. (4) Security. A construction performance bond in an amount determined by the city shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this subdivision shall require that the holder will perform the work in accordance with this chapter and applicable permits, and regulations, will pay to the city any costs incurred by the city in performing work pursuant to this chapter; and will indemnify and save the city and its officers, agents and employees harmless pursuant to the city code. The construction performance bond shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public right -of -way, the construction performance bond shall be held for a period of 24 months to guaranty the adequacy of all restoration work. (5) Permit Display. Permits issued under this section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (6) County or State Rights -of -Way. City permits issued for work in county roads or state highways as defined by Minnesota law shall relate to the city's interest in the right -of -way under Minnesota Statutes, Section 237.162, subd. 3. The permittee shall obtain all other permits required by state, county, or federal agencies. (7) Exceptions. Nothing in this Section shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right -of- way between their property and the street curb. Persons carrying out or requesting the following work shall not be deemed to use or occupy the right -of -way within the meaning of this Section, and shall not be governed by this Section. Such persons are or may be governed by other city code sections, including but not limited to, those noted below. (a) Persons planting or maintaining vegetation in the boulevard. (b) Persons installing driveways, sidewalks, curb and gutter, or parking lots. (c) Persons erecting fences over drainage or utility easements. (d) Persons engaged in snow removal activities. (e) Persons installing street furnishings, mail boxes, bus stop benches and shelters. (f) Persons installing vending machines. (g) Persons installing irrigation systems. Page 6 of 19 (h) Persons installing pet containment systems. (1) Persons installing water or sewer service lines. 304.04 Permit Applications. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (a) Each applicant's name, Gopher One -Call registration certificate number, address and email address if applicable, and telephone and facsimile numbers. (b) The name, address and email address, if applicable, and telephone, and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) A certificate of insurance or self- insurance: 1. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self- insurance acceptable to the city; 2. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right -of -way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right -of -way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; 3. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; 4. Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter. (d) The city may require a copy of the actual insurance policies. (e) If the person is a corporation, a copy of the certificate required to be • filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. Page 7of19 • • • (f) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (2) Payment of money due the city for: (a) Permit fees, estimated restoration costs and other management costs. (b) Prior obstructions or excavation. (c) Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the city. (d) Franchise fees or other charges, if applicable. 304.05 Issuance of Permit; Conditions. (1) Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. (2) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the health, safety, and welfare or when necessary to protect the right -of -way and its current use. 304.06 Permit Fees. (1) Excavation Permit Fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (a) The city management costs. (b) Degradation costs, if applicable. (2) Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be an amount sufficient to recover the city management costs. (3) Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. (4) Non - refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 1.14 are not refundable. (5) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right -of -way user in the franchise. Page 8 of 19 (6) All permit fees shall be established consistent with the provisions of Minnesota Rule 7819.1000. 304.07 Right -of -Way Patching and Restoration. (1) Timing. The work to be done under the excavation permit, and the patching and restoration of the right -of -way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable as determined by the city. (2) Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right -of -way or to restore the right -of- way itself. (a) City Restoration. If the city restores the right -of -way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permittee Restoration. If the permittee chooses to restore the right - of -way itself (within 30 days), it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000. (c) Degradation Fee in Lieu of Restoration. In lieu of right -of -way restoration, a right -of -way user may elect to pay a degradation fee. However, the right - of -way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (3) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. (4) Duty to Correct Defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force Majeure or days when work is prohibited as unseasonal or unreasonable as determined by the city. (5) Failure to Restore. If the permittee fails to restore the right -of -way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In Page 9 of 19 • • • • that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, in addition to other remedies provided by law, the city may exercise its rights under the construction performance bond. • 304.08 Supplementary Applications. (1) Limitation on Area. A right -of -way permit is valid only for the area of the right -of -way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in their permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. (2) Limitation on Dates. A right -of -way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. 304.09 Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety and welfare or when necessary to protect the right -of -way and its current use. 304.10 Installation Requirements. The excavation, backfilling, patching, and restoration, and all other work performed in the right -of -way shall be done in conformance with Minnesota Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes Sections 237.162 and 237.163. 304.11 Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating as determined by the city. Page 10 of 19 304.12 Inspection. (1) Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minnesota Rules 7819.1300. (2) Site Inspection. Permittee shall make the work site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (3) Authority of city. (a) At the time of inspection the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well being of the public. (b) The city may issue an order to the permittee for any work, which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to Sec. 304.16. 304.13 Standards During Construction or Installation. The permit holder shall comply with the following standards when engaging in the work: (a) Observe and comply with all laws, rules and regulations of the state. (b) Conduct the operation and perform the work in a manner as to ensure the least obstruction and interference to traffic. (c) Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. (d) If required by the city, notify adjoining property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties. (e) In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford restricted use of the area and comply with MUTCD traffic safety signing requirements. (f) Exercise precaution at all times for the protection of persons, including employees and property. Page 11 of 19 • • • • (g) Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night. (h) Provide proper trench protection as required by O.S.H.A when necessary and depending upon the type of soil, in order to prevent cave -ins endangering life or tending to enlarge the excavation. (i) Protect the root growth of trees and shrubbery. (j) Installation of pipe (utility conductors) under concrete or bituminous pavements shall be done by jacking, auguring or tunneling as directed by the city unless otherwise authorized. (k) All backfilling must be placed in six -inch layers at optimum moisture and compacted with the objective of attaining 100 percent of standard proctor density. Compaction shall be accomplished with hand, pneumatic or vibrating compacters as appropriate. (I) No metal- tracked or other lugged equipment is allowed to be driven on the public right -of -way. 304.14 Work Done Without a Permit. (1) Emergency Situations. Each person with facilities in the right -of -way shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. (2) Non - Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of -way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right -of -way and comply with all of the requirements of this chapter. 304.15 Supplementary Notifications. If the obstruction or excavation of the right -of -way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Page 12 of 19 304.16 Revocation of Permits. (1) Substantial Breach. The city reserves its right, as provided herein, to revoke any right -of -way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right -of -way permit; (b) An evasion or attempt to evade any material provision of the right -of- way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (c) Any material misrepresentation of fact in the application for a right -of- way permit; (d) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittees control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued. (2) Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (3) Response to Notice of Breach. Within twenty -four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan acceptable to the city that will cure the breach. Permittee's failure to so contact the city, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (4) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation. Page 13 of 19 • • • 304.17 Mapping Data. • • (1) Information Required. Each permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the "as- built" location of all equipment installed, owed, and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system, when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. (2) Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2 shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals install after December 31, 2007, shall be a condition of any city approval necessary for: i) payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429; and ii) city approval of performance under development agreements or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. 304.18 Location and Relocation of Facilities. (1) Placement, location, and relocation of facilities must comply with the act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. (2) Corridors. The city may assign specific corridors within the right -of -way, or any particular segment thereof as may be necessary for each type of facility that exists, or, pursuant to current technology, that the city reasonably expects will someday be located within the right -of -way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (3) Limitation of Space. To protect health, safety, and welfare or when necessary to protect the right -of -way and its current use, the city shall have the power to prohibit or city shall strive, to the extent possible, to accommodate all existing and Page 14 of 19 potential users of the right -of -way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing facilities in the right -of -way, and future city plans for public improvements and development projects which have been determined to be in the public interest. 304.19 Undergrounding. (1) Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (i) safe travel over the right -of- way, (ii) non - travel related safety around homes and buildings where overhead feeds are connected and (iii) orderly development in the City. Location and relocation, installation and reinstallation of facilities in the right -of -way or in or on other public ground must be made in accordance with this section and is intended to be enforced consistently with state and federal law regulating right -of -way users, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, U.S.C. section 253. (2) Undergrounding of Facilities. Facilities newly installed, constructed or otherwise placed in the public right -of -way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards, subject to the exceptions below. Above- ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, re- closers and service connection pedestals shall be allowed. These requirements shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. (3) Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. If the City finds that one or more of the purposes set forth in this Section 304.19, subd. 1 would be promoted, the City may require a permanent replacement, relocation or reconstruction of a facility to be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this subdivision, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding may be required whether a replacement, relocation or reconstruction is initiated by the right -of -way user owning or operating the facilities, or by the City in connection with (i) the present or future use by the City or other local government unit of the right -of -way or other public ground for a public project, (ii) the public health or safety, or (iii) the safety and convenience of travel over the right -of -way. Subject to subdivision 4 below, all relocations from previously placed underground facilities shall be to another underground location. (4) Exceptions to Undergrounding. The following exceptions to the strict application of this subdivision shall be allowed upon the conditions stated: Page 15 of 19 • • • (a) Technical /Economic Feasibility; Promotion of Policy. Above - ground installation, construction, or placement of facilities shall be allowed in residential, commercial and industrial areas where the council, following consideration and recommendation by the planning commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner, ratepayers, or right -of -way user or would deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2. Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground Facilities placement; or, 3. Failure to promote the purposes of undergrounding. The right -of- way user clearly and convincingly demonstrates that none of the purposes under Section 304.19, subd. 1 would be advanced by underground placement of facilities on the project in question. (b) Temporary Service. Above - ground installation, construction, or placement of temporary service lines shall only be allowed: 1. During new construction of any project for a period not to exceed three (3) months; 2. During an emergency in order to safeguard lives or property within the city; 3. For a period of not more than seven (7) months when soil conditions make excavation impractical. (5) Developer Responsibility. All owners, platters, or developers are responsible for complying with the requirements of this subdivision, and prior to final approval of any plat or development plan, shall submit to the director written instruments from the appropriate right -of -way users showing that all necessary arrangements with said users for installation of such facilities have been made. 304.20 Damage to Other Facilities. When the city does work in the right -of -way and finds it necessary to maintain, support, or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and direct placement of facilities. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right -of -way, which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. Page 16 of 19 304.21 Right -of -Way Vacation. Reservation of Right. If the city vacates a right -of -way which contains facilities, the facility owner's rights in the vacated right -of -way are governed by Minnesota Rules 7819.3100 subd. 2 and 7819.3200. 340.22 Indemnification and Liability. By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. 304.23 Abandoned Facilities. Removal of Abandoned Facilities. Any person who has abandoned facilities in any right -of -way shall remove them from that right -of -way if required in conjunction with other right -of -way repair, excavation, or construction, unless this requirement is waived by the city. 304.24 Appeal. A right -of -way user that: (i) has been denied a permit; (ii) has had permit revoked; or (iii) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. 304.25 Reservation of Regulatory and Police Powers. A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. 304.26 Right -of -Way Fees And Charges The fees and charges associated with this chapter shall be as established in the city's fee schedule. Page 17 of 19 • • Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. • John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Page 18 of 19