The URL can be used to link to this page

Home My WebLink About06/23/2008 Council PacketCITY COUNCIL AGENDA Monday, June 23, 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 y <: NCIL WORK SESSION, Council Workroom (not televised) A) Review of Regular Meeting Agenda The council work session was not held 4 E \: COUNC] ➢ 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, Gallup, and O'Donnell; Council Member Stoltz was absent ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Consent Item 1E and refer that item to the July council work session; the agenda, as amended, was accepted !6NSENT AGENDA f �' A) Consideration of Expenditures: i) June 23, 2008 (Check No. 83139 through 83242) in the amount of $830,453.44; ii) Centennial Fire District (Check No. 3297 through 3317) in the amount of $58,606.55 vIR Pg 3 -15 B) Consider approval of June 9, 2008 City Council Meeting Minutes Pg 16 -19 C) Consider Resolution No. 08 -66, approving renewal of tobacco Pg 20 -22 licenses Council Agenda -2- June 23, 2008 D) Consider Resolution No. 08 -64, approving renewal Pg 23 -24 of a premises permit to allow the Lino Lake Lions to conduct charitable gambling at American Legion Post #566, 7731 Lake Drive E) Consider not waiving monetary limits on tort liability per Minnesota Statutes, Section '16670'1 Referred to July work session Action Taken: Motion by O'Donnell, seconded by Reinert, to approve the Consent Agenda, Items 1A through 1D, was adopted FINANCE DEPARTMENT .REPORT, AI Rolek No Report ACMINISTRATIt'N DEPART ME ;Tench Pg 25 26 A) Consider 2nd Reading and passage of Ordinance No. 10 -08, Pg 27 -29 establishing a moratorium on the issuance of off -sale liquor licenses, Julie Bartell Action Taken: Motion by Gallup, seconded by O'Donnell, to approve second reading and passage of Ordinance No. 10 -08 was adopted; Yeas 4; Nays none (Stoltz absent) PUBLIC SAF DEPAR A) No Report SERVICES:: 3E1 ARTMENT REP ardne i. Consider 2nd Reading and passage 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 second reading and passage of Ordinance No. 09 -08 was adopted; Yeas 4; Nays none (Stoltz absent) ii. Resolution No. 08 -65, Approving a Summary of Ordinance 09 -08 for publication, Rick DeGardner Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolution No. 08 -65 as presented, was adopted. Pg 30 -50 COMMUNITY DEVELOPMENT REPORT, Michael Grochala No Report FINISHED BUSINESS Council Agenda 8. NEW -3- June 23, 2008 Consider approval of June 2, 2008 Council Work Session Pg 51 -56 Minutes Council Member Stoltz absent Action Taken: Motion by O'Donnell, seconded by Reinert, to approve the minutes as presented, was adopted. vs Motion by Gallup, seconded by Reinert, to adjourn at 6:40 p.m. was adopted. Community Calendar- A Look Ahead June 24, 2008 through July 14, 2008 4 Wednesday, June 25 4 Thursday, July 3 4 Friday, July 4 4 Monday, July 7 4 Monday, July 7 4 Monday, July 14 meeting cancelled meeting cancelled Independence Day 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Bd EDAC City Hall Closed Council Work Session Park Board Council Meeting Monday, June 23, 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 Council Workroom (not televised) A) Review of Regular Meeting Agenda > Open Mike / Public Comment • Call to Order and Roll Call > Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) June 23, 2008 (Check No. 83139 through 83242) in the amount of $830,453.44; ii) Centennial Fire District (Check No. 3297 through 3317) in the amount of $58,606.55 Pg 3 -15 B) Consider approval of June 9, 2008 City Council Meeting Minutes Pg 16 -19 C) Consider Resolution No. 08 -66, approving renewal of tobacco Pg 20 -22 licenses D) Consider Resolution No. 08 -64, approving renewal Pg 23 -24 of a premises permit to allow the Lino Lake Lions to conduct charitable gambling at American Legion Post #566, 7731 Lake Drive E) Consider not waiving monetary limits on tort liability Pg 25 -26 per Minnesota Statutes, Section 466.04 Council Agenda -2- June 23, 2008 No Report A) Consider 2nd Reading and passage of Ordinance No. 10 -08, establishing a moratorium on the issuance of off -sale liquor licenses, Julie Bartell Reading & roll call required Pg 27 -29 No Report A) i. Consider 2nd Reading and passage 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 ii. Resolution No. 08 -65, Approving a Summary of Ordinance 09 -08 for publication, Rick DeGardner Pg 30 -50 No Report None 4 A) Consider approval of June 2, 2008 Council Work Session Minutes Council Member Stoltz absent Pg 51 -56 Community Calendar - A Look Ahead June 24, 2008 through July 14, 2008 4 Wednesday, June 25 4 Thursday, July 3 Friday, July 4 4 Monday, July 7 Monday, July 7 4 Monday, July 14 meeting cancelled meeting cancelled Independence Day 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Bd EDAC City Hall Closed Council Work Session Park Board Council Meeting • EXPENDITURES JUNE 23, 2008 • • Date: 06/05/2008 Time: 13:19:38 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7264 - 7264 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Vendor # Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N # of items • Discount Net Gross Discount Lost 000448 ROBICHAUD, SARA 000468 RELIASTAR LIFE INSURANCE COMPANY 000903 BUDIG, TIM 000983 ADMINISTRATION RESOURCES CORPORATION 001550 ASSURANT EMPOLYEE BENEFITS 001840 HILLESHEIM, TIM 002694 AMERICAN MESSAGING 002700 CENTERPOINT /MINNEGASCO, INC. 007378 ANDERSON, KAREN 007475 SHERMAN, PENNY 1 1 1 1 1 1 1 1 1 1 Grand Totals: 10 16.00 16.00 .00 .00 1,491.72 1,491.72 .00 .00 179.97 179.97 .00 .00 72.80 72.80 .00 .00 1,182.24 1,182.24 .00 .00 171.21 171.21 .00 .00 43.31 43.31 .00 .00 839.73 839.73 .00 .00 38.62 38.62 .00 .00 70.00 70.00 .00 .00 4,105.60 4,105.60 .00 • • Date: 06/13/2008 Time: 08:22:14 City of Lino Lakes FM Entry - Invoice Journal Sges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7276 - 7276 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 000057 PREMIUM WATERS, INC. 1 128.73 128.73 .00 .00 000065 SCHARBER E. SONS, INC. 1 90.53 90.53 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 137.46 137.46 .00 .00 000093 ACE SOLID WASTE, INC. 1 566.62 566.62 .00 .00 000105 UNITED PARCEL SERVICE 1 22.60 22.60 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 89.28 89.28 .00 .00 000158 ALL STAR SPORTS, INC. 1 3,420.11 3,420.11 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 255.04 255.04 .00 .D0 000256 DEEP ROCK WATER COMPANY 1 57.24 57.24 .00 .00 D00303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 •318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 107.64 107.64 .00 .00 000370 CENTRAL COMMUINICATIONS 1 777.76 777.76 .D0 .00 000389 CUB FOODS 1 62.97 62.97 .00 .00 000408 AFSCME COUNCIL #5 1 890.24 890.24 .00 .00 000420 ANOKA COUNTY 1 145.00 145.00 .00 .00 000476 ARCADE ASPHALT, INC. 1 6,000.00 6,000.00 .D0 .00 000541 ASPEN MILLS, INC. 1 452.95 452.95 .00 .D0 000610 BAUER BUILT, INC. 2 105.40 105.40 .00 .00 000620 BEACON ATHLETICS, INC. 1 143.37 143.37 .00 .00 000623 ROCK GARDENS, INC. 1 51.12 51.12 .00 .00 000724 BLUE TOW SERVICE, INC. 1 151.78 151.78 .00 .00 000761 NATIONAL ASSOCIATION OF TOWN WATCH 1 602.75 602.75 .00 .D0 • Date: 06/13/2008 Time: 08:22:14 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount Disci) 000796 Z1R MBINSKI, TRACY 1 5.00 5.00 .00 .00 000863 MYERS TIRE - MINNEAPOLIS #28, INC. 1 123.95 123.95 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 1,209.23 1,209.23 .00 .00 000888 JOHNSON, RICK /DEER & BEAVER, INC. 1 180.00 180.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 471.35 471.35 .00 .00 000946 C. P. OFFICE PRODUCTS 1 76.67 76.67 .00 .00 000950 C. W. HOULE, INC. 1 620.00 620.00 .00 .00 D01016 MINNESOTA STATE RETIREMENT SYSTEM 1 860.05 860.05 .00 .00 001148 EGAN OIL COMPANY 2 19,523.18 19,523.18 .00 .00 001187 CONNEXUS ENERGY 1 2,977.86 2,977.86 .00 .00 001260 ACCLAIM BENEFITS 1 143.55 143.55 .00 .00 001270 DALCO, INC. 1 343.17 343.17 .00 .00 001480 HAWKINS INC. 1 6,815.08 6,815.08 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 245.36 245.36 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 3,878.46 3,878.46 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 558.25 556.25 .00 11111 D01720 GRAINGER, INC. 1 29.62 29.62 .00 001771 HALVORSON CONCRETE, INC. 1 9,435.00 9,435.00 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 1,794.50 1,794.50 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 9,489.00 9,489.00 .00 .00 002141 FLE %ISLE PIPE TOOL COMPANY, INC. 1 37.62 37.62 .00 .00 002154 KLUEGEL, PETER 1 27.29 27.29 .00 .00 002206 LAW ENFORCEMENT LABOR SERVICES, INC. 1 966.00 966.00 .00 .00 002324 LEROY AND JOSEPH HOULE CONTRACTING 1 300.00 300.00 .00 .00 002328 G F. R SERVICES 1 15.91 15.91 .00 .00 002410 LINO LAKES LIONS CLUB 1 400.00 400.00 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 63,410.80 63,410.80 .00 .00 • Date: 06/13/2008 Time: 08:22:15 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount for # Name # of items Net Gross Discount Lost 002584 METRO SALES INCORPORATED 1 539.49 539.49 .00 .00 002613 MIDWEST LANDSCAPES, INC. 1 2,329.50 2,329.50 .00 .00 002770 MINNESOTA DEPT OF EMPLOY & ECON DEV 1 1.00 1.00 .D0 .00 002825 TRUCK BODIES & EQUIP INTL INC. 1 74,739.57 74,739.57 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 1,074.71 1,074.71 .00 .00 003123 NATURE CALLS, INC. 1 1,228.70 1,228.70 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 262.12 262.12 .D0 .00 003250 XCEL ENERGY 1 78.17 78.17 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 61.66 61.66 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 170.92 170.92 .00 .00 003600 PRESS PUBLICATIONS, INC. 3 309.83 309.83 .00 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 1 187.44 187.44 .00 .00 003789 RIVARD ELECTRIC COMPANY, INC. 1 170.00 170.00 .00 .00 003868 S & S WORLDWIDE, INC. 1 194.60 194.60 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 1 23,258.08 23,258.08 .00 .00 •8B2 MINNESOTA SHREDDING LLC 1 48.00 48.00 .00 .00 003910 SAM'S CLUB, INC. 1 209.33 209.33 .00 .00 004100 SPRINGSTED, INC. 1 6,919.00 6,919.00 .00 .D0 004240 STREICHER'S, INC. 1 660.05 660.05 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 3,996.71 3,996.71 .00 .00 004416 THOMPSON AND ASSOCIATES 1 400.00 400.00 .00 .00 004469 TOUSLEY FORD, INC. 1 55.11 55.11 .00 .00 004560 0 S BANK 1 4,320.67 4,320.67 .00 .00 004562 HD SUPPLY WAThRWORKS, LTD. 2 4,203.40 4,203.40 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .00 004840 WINNICK SUPPLY, INC. 2 249.73 249.73 .00 .D0 005007 LUNDA CONSTRUCTION COMPANY 1 541,047.31 541,047.31 .00 .00 • Date: 06/13/2008 Time: 08:22:15 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Vendor # Name # of items Net Gross Discount Page: 4 D07212 DEMOTTS, ALVIN 1 40.00 40.00 .00 .00 007225 GREAT NORTHERN LANDSCAPE, INC. 1 355.05 355.05 .00 .00 007371 MULTICARE ASSOCIATES OF THE 1 406.00 406.00 .00 .00 007392 HAWKINS & BAUMGARTNER, P.A. 1 14,262.90 14,262.90 .00 .00 007469 WEATHERRGUARD CONSTRUCTION CO, INC. 1 80.00 80.00 .00 .00 007470 ANDERSON & KOCH FORD, INC. 1 11.46 11.46 .00 .00 007476 MALINOSKI, ROBBIE 1 2,450.00 2,450.00 .00 .00 007477 NORTHWESTERN POWER EQUIPMENT CO., INC. 1 317.90 317.90 .00 .00 007478 RECREATION, SPORTS & PLAY, INC. 1 579.36 579.36 .00 .00 007479 STEPHENS, MARIBETE 1 148.74 148.74 .00 .00 007480 UNITED RENTALS NORTHWEST, INC. 2 548.53 548.53 .00 .00 007481 OLSON, SHERRY 1 16.00 16.00 .00 .00 007482 RUNNING ACES HARNESS PARK 1 1,261.80 1,261.80 .00 .00 900521 RIVARD TAILORING 1 67.10 67.10 .00 .00 900523 OLSON SEWER SERVICE, INC. 1 522.50 522.50 .00 .00 900591 CORPORATE EXPRESS, INC. 1 157.51 157.51 .0D Grand Totals: 100 826,347.84 826,347.84 .00 • Date: 06/13/2008 Time: 09:01:05 Operator: JAL • Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 7267 7281 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description MAYOR /COUNCIL MAYOR /COUNCIL U 5 BANK SEMINAR /4 MAYOR /COUNCIL MAYOR /COUNCIL AFSCME COUNCIL #5 PAYROLL WITHHOLDING ANOKA COUNTY FILING FEE RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE MINNESOTA STATE RETI PAYROLL WITHHOLDING LAW ENFORCEMENT LOBO PAYROLL WITHHOLDING METRO COUNCIL ENVIRO MAY SAC MN CHILD SUPPORT PAY PAY WITH /BRIAN HRONSKI /0 MN CHILD SUPPORT PAY PAY WITH /TERRY MECKLE /0D WEATHERGUARD CONSTRU REIMBURSE PERMIT 2007025 Total for Department KENNEDY AND GRAVEN, PROFESSIONAL SERVICES 111/1 _A LNISTRATION INISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CHAR'1'r.'R SENIORS SENIORS FINANCE • U S BANK SEMINAR /JOHN B RUNNING ACES HARNESS EMPLOYEE APPRECIATION DA Total for Department 401 RELIASTAR LIFE INSUR ADMINISTRATION RESOD ADMINISTRATION RESOU ACCLAIM BENEFITS ASSURANT EMPLOYEE BE PRESS PUBLICATIONS, SPRINGSTED, INC. U S BANK U 5 BANK U S BANK U 5 BANK U S BANK U S BANK LIFE INSURANCE /JUNE COBRA PARTICIPANTS /77261 MAY RETIREES FLEXIBLE SPENDING ADMINI LONG TERM DISABILITY INS ORDINANCE 07 -08 PROFESSIONAL SERVICES /NO CERT FINAL EXERCISE FIRE STEERING LUNCH SEMINAR SEMINAR /DAN S SEMINAR /GORDON B SEMINAR /KATHI G Total for Department 402 PRESS PUBLICATIONS, ADVERTISING CHARTER COMM Total for Department 405 RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE ASSURANT EMPLOYEE BE LONG TERM DISABILITY IN5 Total for Department 406 RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE Amount 890.24 145.00 1,117.42 B60.05 966.00 16,260.75 817.68 257.03 80.00 21,394.17* 1,084.50 180.00 329.67 1,000.00 2,594.17* 23.75 54.4D 18.40 143.55 93.00 34.43 6,919.00 .00 145.62 35.00 219.78 396.44 219.78 8,303.15* 15.30 15.30* 4.75 7.57 12.32* 14.97 Date: 06/13/200B Time: 09:01:05 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount FINANCE ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 62.10 Total for Department 407 77.07* LEGAL CONSULTANTS HAWKINS & BAUMGARTNE CRIMINAL ATTORNEY 12,210.00 LEGAL CONSULTANTS HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY 2,052.90 Total for Department 414 14,262.90* ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 4.75 ECONOMIC DEVELOPMENT ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 19.36 ECONOMIC DEVELOPMENT U S BANK SEMINAR /MARY D 35.00 Total for Department 415 59.11* PLANNING & ZONING RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 9.50 PLANNING & ZONING ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 39.36 PLANNING & ZONING U S BANK SEMINAR /JEFF S 35.00 Total for Department 416 63.86* COMM DEV RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 11.87 COMM DEV ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 50.97 Total for Department 418 62.84* POLICE PREMIUM WATERS, INC. MONTHLY SERVICE /MAY 97.14 POLICE UNITED PARCEL SERVIC DELIVERY SERVICE 22.60 POLICE CENTRAL COMMUNICATIO INTERNET ACCESS /MAY 777.76 POLICE CUB FOODS DARE SUPPLIES 62.97 POLICE RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 152.00 POLICE ASPEN MILLS, INC. SUPPLIES /EXPLORERS 452.95 POLICE NATIONAL ASSOCIATION T- Sti1RTS /BALLOONS /APRON 602.75 POLICE CONNEXUS ENERGY MONTHLY SERVICE /MAY 21.31 POLICE ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 420.38 POLICE OTTER LAKE ANIMAL CA ANIMAL CONTROL 170.92 POLICE ANOKA COUNTY SHERIFF RANGE TIME 187.44 POLICE MINNESOTA SHREDDING DESTROY CONFIDENTIAL MAT 48.00 POLICE SAM'S CLUB, INC. OPEN HOUSE /SENIOR FAIR 155.38 POLICE STREICHER'S, INC. UNIFORM SUPPLIES /1521366 493.94 POLICE STREICHER'S, INC. UNIFORM SUPPLIES /1523365 26.61 POLICE STREICHER'S, INC. UNIFORM SUPPLIES /1523705 139.50 POLICE THOMPSON AND ASSOCIA PROFESSIONAL SERVICES /NE 400.00 POLICE U S BANK CERT FINAL EXERCISE 151.41 POLICE U S BANK LOGO SET -UP 95.00 POLICE U S BANK SQUAD CAMERA 1,600.00 POLICE U 5 BANK TRAINING 50.00 POLICE U S BANK VIDEO EQUIPMENT 439.98 POLICE U S BANK WREATH /SILVERA 125.00 POLICE MULTICARE ASSOCIATES MEDICAL SERVICES /NEW HIR 406.00 POLICE ANDERSON, KAREN SUPPLIES /VOLUNTEER APPRE 38.62 POLICE STEPHENS, MARIBETH CERT EQUIPMENT /TARGET 148.74 POLICE RIVARD TAILORING 18 EMBLEMS 67.10 POLICE CORPORATE EXPRESS, I FILE /OFFICE SUPPLIES 157.51 Total for Department 420 7,511.01* • • Date: 06/13/200B Time: 09:01:05 Operator: JAL • Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FIRE FIRE RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS Total for Department 421 BUILDING INSPECTIONS RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE BUILDING INSPECTIONS ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS BUILDING INSPECTIONS KLUEGEL, PETER REIMBURSE CLOTHING ALLOW Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET .T ET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNM0NT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS • ALL SEASONS RENTAL, CARBIDE SAW RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE ROCK GARDENS, INC. SAND /RED ROCK JOHNSON, RICK /DEER & DEER REMOVAL /2 -MAY CONNEZUS ENERGY MONTHLY SERVICE /MAY ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS FRATTALLONE'S HARDWA RAKE /ROPE /BLADE /PAINT HALVORSON CONCRETE, CURB REPAIR INFRATECH TECHNOLOGI GROUT CATCH BASINS LEROY AND JOSEPH HOU TREE REMOVAL AMERICAN MESSAGING MONTHLY SERVICE /MAY RIVARD ELECTRIC COMP REPAIR FLAG POLE T.A. SCHIFSKY AND SO ASPHALT UNITED RENTALS NORTH CUTTING BLADE Total for Department 430 SCHARBER & SONS, INC ABLE HOSE AND RUBBER ABLE HOSE AND RUBBER MACQUEEN EQUIPMENT, RELIASTAR LIFE INSUR BAUER BUILT, INC. BAUER BUILT, INC. MYERS TIRE - MINNEAP O'REILLY AUTOMOTIVE, EGAN OIL COMPANY EGAN OIL COMPANY EGAN OIL COMPANY ASSURANT EMPLOYEE BE G & K SERVICES FACTORY MOTOR PARTS HSBC BUSINESS SOLUTI TOUSLEY FORD, INC. WINNICK SUPPLY, INC. ANDERSON & KOCH FORD UNITED RENTALS NORTH Total for 14.25 45.85 60.10* 17.34 66.11 27.29 112.74* 40.00 34.91 27.69 180.00 981.78 111.44 22.36 5,195.00 9,489.00 300.00 8.66 85.00 3,996.71 500.63 20,973.18* FILTERS 90.53 COUPLER /NOZ7T,F./ 62 6 122.55 COUPLER /NOZF•LF/ 873 14.91 DIRT SHOE RUNNER 255.04 LIFE INSURANCE /JUNE 5.46 RADIAL 63.25 SUPPLIES 42.15 TIRE PATCH /REPAIR 123.95 FILTERS /BEARINGS /LAMP /LI 471.35 FUEL /150214 7,901.08 1.1uNL /150215 4,921.44 GASOHOL 6,700.66 LONG TERM DISABILITY INS 17.56 SHOP TOWELS 15.91 SENDER PUMP /BA'rib.RY 262.12 NORTHERN TOOL /EQUIPMENT 61.66 HANDLE 55.11 CORD SET /SAW BLADE 185.22 JEWELS - WARNIN 11.46 CEMENT SAW 47.90 Department 431 21,369.31* PREMIUM WATERS, INC. ACE SOLID WASTE, INC DEEP ROCK WA'1Ek COMP MONTHLY SERVICE /MAY 31.59 MONTHLY SERVICE /JUNE 437.24 MONTHLY SERVICE /MAY 57.24 Date: 06/13/2008 Time: 09:01:05 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount GOVERNMENT BUILDINGS AMERIPRIDE LINEN /APP MAT RENTAL 107.64 GOVERNMENT BUILDINGS RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 4.75 GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT TONER 76.67 GOVERNMENT BUILDINGS CONNEXUS ENERGY MONTHLY SERVICE /MAY 878.66 GOVERNMENT BUILDINGS DALCO, INC. JANITORIAL SUPPLIES 343.17 GOVERNMENT BUILDINGS ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 12.11 GOVERNMENT BUILDINGS METRO SALES INCORPOR COPIER MAINTENANCE 539.49 GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS MONTHLY SERVICE /MAY 387.67 GOVERNMENT BUILDINGS SAM'S CLUB, INC. CLEANING SUPPLIES 53.95 GOVERNMENT BUILDINGS COMCAST MONTHLY SERVICE /JUNE 69.90 Total for Department 432 3,000.08* PARKS ACE SOLID WASTE, INC MONTHLY SERVICE /JUNE 129.38 PARKS ALL SEASONS RENTAL, SILT SEEDER 49.28 PARRS RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 28.50 PARKS BEACON ATHLETICS, IN ANCHOR PLUG 143.37 PARKS BRYAN ROCK PRODUCTS, MAINTENANCE SUPPLIES 1,209.23 PARKS CONNEXUS ENERGY MONTHLY SERVICE /MAY 7.99 PARKS ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 94.19 PARKS FRATTALLONE'S HARDWA RAKE /ROPE /BLADE /PAINT 223.0D PARRS CENTERPOINT /MINNEGAS MONTHLY SERVICE /MAY 138.86 PARKS NATURE CALLS, INC. PORTABLE RESTROOM RENTAL 1,228.70 Total for Department 450 3,252.5D* RECREATION RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 15.20 RECREATION ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 48.74 RECREATION MINNESOTA DEPT OF EM DEBT NOTICE 1.00 Total for Department 451 64.94* ENVIRONMENTAL RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 5.23 ENVIRONMENTAL ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 13.61 Total for Department 461 18.84* SOLID WASTE RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 1.43 SOLID WASTE ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 5.98 SOLID WASTE LINO LAKES LIONS CLU RECYCLING DAY 400.00 SOLID WASTE PRESS PUBLICATIONS, ADVERTISING /RECYCLING DA 260.1D SOLID WASTE DEMOTTS, ALVIN RECYCLING DAY 40.00 Total for Department 462 707.51* FORESTRY RELIASTAR LIFE INSUR LIFE INSURANCE /JUNE 2.85 FORESTRY ASSURANT EMPLOYEE BE LONG TERM DISABILITY INS 6.84 FORESTRY MIDWEST LANDSCAPES, 20 TREEES 2,329.5D Total for Department 463 2,339.19* Total for Fund 101 106,274.29* ROBICHAUD, SARA REIMBURSE PROGRAM REC 16.00 9.ARE?' INSKI, TRACY REIMBURSE PROGRAM REC 5.00 SHERMAN, PENNY REIMBURSE PROGRAM REC 70.00 • Date: 06/13/2008 Time: 09:01:05 • Department Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ADULT SPORTS ADULT SPORTS OLSON, SHERRY REIMBURSE PROGRAM REC Total for Department U S BANK U S BANK DVD PLAYER GIFT CARDS Total for Department 202 SPECIAL EVENTS /TRIPS S & S WORLDWIDE, INC CUPS Total for Department 205 YOUTH SPORTS YOUTH SPORTS FLEET OTHER OTHER OTHER WATER WAiER WATER WATER WATER WATER WATER WATER WATER WAiRH WA'I't:R WATER • ALL STAR SPORTS, INC SOCCER BALLS RECREATION, SPORTS & LACROSSE GOAL /NET Total for Department 208 Total for Fund 201 TRUCK BODIES & EQUIP BODY /SCRAPER /SANDER /HOIS Total for Department 431 Total for Fund 402 ARCADE ASPHALT, INC. SHERMAN LAKE PARK TRAIL Total for Department 499 Total for Fund 405 KENNEDY AND GRAVEN, PROFESSIONAL SERVICES Total for Department 499 Total for Fund 418 SHORT - ELLIOTT - HENDRI I 35W /CSAH 23 LUNDA CONSTRUCTION C LAKE DRIVE /35W INTERCHAN GREAT NORTHERN LANDS SPRING START -UP Total for Department 499 Total for Fund 471 INSTRUMENTAL RESEARC RELIASTAR LIFE INSUR ROCK GARDENS, INC. BUDIG, TIM CONNEXUS ENERGY HAWKINS , INC. ASSURANT EMPLOYEE BE ONE CALL CONCEPTS, I HALVORSON CONCRETE, AMERICAN MESSAGING CENTERPOINT /MINNEGAS XCEL ENERGY 16.00 107.00* 212.99 50.00 262.99* 194.60 194.60* 3,420.11 579.36 3,999.47* 4,564.06* 74,739.57 74,739.57* 74,739.57* 6,000.00 6,000.00* 6,000.00* 540.00 540.00* 540.00* 23,258.08 541,047.31 355.05 564,660.44* 564,660.44* WATER SAMPLES 142.50 LIFE INSURANCE /JUNE 11.41 SAND /RED ROCK 23.43 REIMBURSE CLOTHING ALLOW 179.97 MONTHLY SERVICE /MAY 816.18 CHEMICALS 6,815.08 LONG TERM DISABILITY INS 32.52 MONTHLY SERVICE /MAY 279.13 CURB REPAIR 4,240.00 MONTHLY SERVICE /MAY 25.96 MONTHLY SERVICE /MAY 313.20 MONTHLY SERVICE /MAY 62.41 Date: 06/13/2008 Time 09:01:05 Operator: JAL Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER RIVARD ELECTRIC COMP REPAIR WELL HOURS /BLACP.D HD SUPPLY WATERWORKS VALVE REPLACEMENT HD SUPPLY WATERWORKS WIRE WINNICK SUPPLY, INC. BUSR.NGS /BACKFLOW PREVEN NORTHWESTERN POWER E REPAIR KIT Total for Department 494 Total for Fund 601 RELIASTAR LIFE INSUR C. W. HOULE, INC. CONNEXUS ENERGY ASSURANT EMPLOYEE BE ONE CALL CONCEPTS, I GRAINGER, INC. HILLESHEIM, TIM FLEXIBLE PIPE TOOL C METRO COUNCIL ENVIRO AMERICAN MESSAGING XCEL ENERGY OLSON SEWER SERVICE, LIFE INSURANCE /JUNE ADJUST RINGS /REMOVE CURB MONTHLY SERVICE /MAY LONG TERM DISABILITY INS MONTHLY SERVICE /MAY HOUR METER REIMBURSE SMALL TOOLS COUPLING SLEEVE JULY SEWER MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY TELEVISE SEWER LINE /WATE Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN TOW '03 HONDA ACCORD EMERGENCY AUTOMOTIVE SERVICE /DODGE CHARGER KENNEDY AND GRAVEN, PROFESSIONAL SERVICES /LA MALINOSKI, ROBBIE REIMB BLDG ESCROW /6579 T RUNNING ACES HARNESS EMPLOYEE APPRECIATION DA Total for Department Total for Fund 801 Grand Total 85.00 1,808.57 2,394.83 64.51 317.90 17,612.62* 17,612.62* 11.38 620.00 271.94 32.55 279.12 29.62 171.21 37.62 47,150.05 8.67 15.76 522.50 49,150.42* 49,150.42* 151.78 3,878.46 170.00 2,450.00 261.80 6,912.04* 6,912.04* 830,453.44* -14- • • • • CENTENNIAL FIRE DISTRICT • Check Register FIRE GL GL Posting Period(s): 06/08 - 06/08 Check Issue Date(s): 06/03/2008 - 06/16/2008 Page: 1 Jun 16, 2008 04:22pm Per Date Check No Vendor No Payee Invoice Description Inv Amount 06/08 06/16/08 D6/08 06/16/08 06/08 06/16/08 06/08 06/15/08 06/08 06/16/08 3297 10500 AMERICAN TEST CENTER, INC 3298 3299 3300 20120 20130 20390 BATTERIES PLUS TARA BAUER BROADWAY AWARDS, INC 3301 30465 CENTENNIAL FIREFIGHTERS RELIEF 06/08 06/16/08 3302 30485 05/08 06/16/08 3303 31008 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 06/08 D6/16/08 06/08 06/16/08 CENTER MART COMCAST 3304 50120 EMERGENCY APPARATUS MAINT, IP 3305 60650 FRATTALLONE'S HARDWARE STORI 3306 80900 DAVE HULTS 3307 90080 ICC 3308 110550 BRENT KOSKELA 3309 Information Only Check 3310 120450 CITY OF LINO LAKES 3311 120490 LOFFLER COMPANIES, INC 3312 130205 MMKR, INC 06/08 06/16/08 3313 130348 MCLEOD USA 06/08 06/16/08 3314 130826 MN DEPT OF HEALTH 06/08 06/16/08 06/08 06/16/08 06/08 06/16/08 Totals: 3315 220200 VERIZON WIRELESS 3316 240100 XCEL ENERGY 3317 999910 BARBARA BENESCH FIRE TRUCK ANNUAL 1,045.00 INSP BATTERIES 55.21 EMT TEST 70.00 SAFETY CAMP MN 690.12 MEDALS 1ST /2ND QTR PENSION 12,500.00 CONTRIBUTION MAY FUEL 166.65 INTERNET CENTERVILLE 189.00 STATION ENGINE 31 MTC 519.51 PHONE LINE 60.64 EMT EXAM FEE 70.00 MEMBERSHIP 100.00 FIREFIGHTER 2 EXAM 60.00 FEE MAY REIMBURSEMENTS COPIER MTC CONTRACT FINAL 2007 AUDIT BILLING PHONES SAFETY CAMP 2008 HOSPITALITY FEE CELL PHONES STATION 2 ELECTRIC SAFETY CAMP CANCELLATION REFUND 37,185.82 206.73 4,636.00 389.73 35.00 135.99 476.15 15.00 58,606.55 V M = Manual Check, V = Void Check DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : June 9, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:55 p.m. 8 MEMBERS PRESENT : Council Member Gallup, O'Donnell, Stoltz, 9 Reinert, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; City Attorney, Scott 13 Baumgartner, Director of Public Safety, Dave Pecchia; Director of Public Services, Rick 14 DeGardner, City Clerk, Julie Bartell 15 PUBLIC COMMENT 16 There was no one present for public comment. 17 SETTING THE AGENDA 18 The agenda was approved as presented. • 19 SPECIAL PRESENTATION 20 State Representative Paul Gardner gave an update on the most recently state legislative session 21 and issues that affect Lino Lakes. He presented the council with a written update that he 22 reviewed. The issues reviewed were the transportation bill, funding for the Rice Creek Regional 23 Trail, funding for a regional library in Lino Lakes, the fight against a proposed fiscal disparities 24 subsidy for the Mall of America, more relief to property tax payers in the form of more funding 25 for the property tax refund as opposed to the originally proposed increase to local government 26 aid that would not help Lino Lakes, and the levy limits that will be imposed on cities. • 27 CONSENT AGENDA 28 Council Member O'Donnell moved to approve the Consent Agenda. Council Member Stoltz 29 seconded the motion. Motion carried on a voice vote. 30 31 Special recognition and thanks was given to Recreation Supervisor Liz Benoit who is resigning 32 her position. 33 34 HEM ACTION 35 36 Consideration of Expenditures: 37 June 9, 2008 (Check No. 83038 through 83138), $491,992.07 Approved 38 Centennial Fire District (Check No. 3266 through 3275), $9,011.73 Approved 39 40 May 27, 2008 Council Work Session Minutes Approved -1- -16— COUNCIL MINUTES June 9, 2008 DRAFT 41 42 May 27, 2008 City Council Meeting Minutes Approved 43 44 Approval of peddler /transient merchant licenses for: 45 Resolution No. 08 -58, H & H Restoration Services, Inc. Approved 46 Resolution No. 08 -59 for Hometown Restorations Approved 47 Resolution No. 08 -60 for Patrick Home Exteriors, Inc. Approved 48 Resolution No. 08 -62, for The Gopher Company, Inc. Approved 49 Resolution No. 08 -63, for Michael Heidersheid Construction, Inc. Approved 50 51 Resolution No. 08 -61, Accepting an additional grant of $10,000 for 52 assigning a Lino Lakes police officer to the Metro Gang Strike Force Approved 53 54 Accept resignation of Liz Benoit, Recreation Supervisor Approved 55 FINANCE DEPARTMENT REPORT, AL ROLEK 56 A. 2007 Audit Report — Brock Geyen of LarsonAllen, LLP 57 58 Brock Geyen of Larson Allen, LLP, reported. He first thanked the Finance Department staff, in 59 particular Finance Director Rolek, for their responsive assistance during the audit process. 60 61 The firm is offering a clean opinion on the report. The GFOA Certificate for Excellence in 62 Financial Reporting was given for the 2006 report and the 2007 is prepared with the same 63 standards and will be submitted for consideration. He reviewed the status of the General Fund 64 which has been found to be in line with cities of similar size. In general, the auditing firm is 65 giving the city a very positive review. 66 67 Council Member Gallup moved to accept the 2007 Audit Report as presented. Council Member 68 O'Donnell seconded the motion. Motion carried on a voice vote. 69 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 70 A) Consider 1st Reading of Ordinance No. 10-08, Placing a Moratorium on the 71 issuance of off -sale liquor licenses 72 City Clerk Bartell reported that during discussions about new off -sale liquor licenses last month, 73 the council expressed a desire to review the city's current liquor ordinance 74 Subsequently, at the work session on June 2, 2008 the council directed staff to prepare a 75 moratorium ordinance restricting issuance of off -sale liquor licenses for six months to allow time 76 for review of the city's current off-sale liquor licensing regulations as they relate to number, 77 location and proximity. 78 Staff is presenting for 1st Reading Ordinance No. 10 -08 establishing a moratorium on the 79 issuance of off -sale liquor licenses in the city. 80 -2- —1 7 — • • • • • COUNCIL MINUTES June 9, 2008 DRAFT 81 The council noted that a moratorium period will allow time to do some planning activities and 82 bring the city's liquor regulations in line. It is not meant to be a halt to business. They 83 concurred that second reading would occur at the next regular council meeting. 84 85 Council Member O'Donnell moved to dispense with full reading of the ordinance Council 86 Member Gallup seconded the motion. Motion carried on a voice vote. 87 88 Council Member Gallup moved to approve the first reading and adoption of Ordinance No. 10- 89 08 as presented. Council Member Stoltz seconded the motion. A roll call vote was taken. 90 Motion carried as follows: Yeas, 5; Nays none. 91 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 92 There was no report from the Public Safety Department 93 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 94 A) Consider 1t Reading of Ordinance 09 -08, Amending the Lino Lakes City 95 Code, by adding a new Section 304 related to Administration and Regulation of Public 96 Right-of-Way 97 98 Public Services Director DeGardner explained that the proposed ordinance being presented by 99 staff (at council direction) outlines permit requirements as well as an application and issuance 100 process. It establishes standards for restoration of public property and requires beforehand 101 mapping data and post work as -built drawings. It also addresses how facilities in the city's_xight 102 of way will be dealt with. Staff is recommending that the council adopt these new standards that 103 will streamline the process as well as protect the city's property. 104 105 Council Member Stoltz moved to dispense with full reading of the ordinance Council Member 106 Reinert seconded the motion.. Motion carried on a voice vote. 107 108 Council Member O'Donnell moved to approve the first reading and adoption of Ordinance No. 109 09 -08 as presented. Council Member Reinert seconded the motion. A roll call vote was taken. 110 Motion carried as follows: Yeas, 5; Nays none. 111 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 112 There was no report from the Community Development Department. 113 UNFINISHED BUSINESS 114 There was no unfinished business. 115 NEW BUSINESS 116 There was no new business. 117 ADJOURNMENT 118 There being no further business, Council Member O'Donnell moved to adjourn at 6:55 p.m. -3- -18_ COUNCIL MINUTES June 9, 2008 DRAFT 119 Council Member Gallup seconded the motion. Motion carried. 120 121 These minutes were considered and approved at the regular City Council Meeting on June 23, 122 2008. 123 124 125 126 127 128 Julianne Bartell, City Clerk John Bergeson, Mayor -4- -19- • • • • • AGENDA ITEM 1C STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: June 23, 2008 TOPIC Consider Resolution No. 08 -66, Approving 2008 -2009 Tobacco License Renewals VOTE REQUIRED: Simple Majority (3/5 Vote Required) BACKGROUND: All tobacco licenses in the City of Lino Lakes expire on June 30, 2008. Staff has been working with the license holders to put in place all renewal information so as to allow for Council consideration at this time. Attached is a list of the establishments that have submitted renewal applications. As indicated, the applicants have completed the necessary documentation and paid the required fee for the license. OPTIONS: 1. Adopt Resolution 08 -66 approving renewal of tobacco licenses for the period of July 1, 2007 through June 30, 2008. 2. Deny any or all of said licenses. ATTACHMENT: 1. 2008 Tobacco License Renewal List Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08-66 APPROVING THE RENEWAL OF TOBACCO LICENSES FOR THE 2008/2009 LICENSING PERIOD WHEREAS, the licensing period for tobacco licenses in the City of Lino Lakes is one year, commencing on July 1 and ending on June 30 the following year; WHEREAS, the City Council is required to approve the renewal of tobacco licenses; WHEREAS, city staff has reviewed the renewal applications that have been submitted and verified that licensing requirements are met; WHEREAS, the city has completed the required background investigations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 08 -66 approving the renewal of tobacco licenses as set forth in Exhibit A that is attached to this resolution. Adopted by the Council of the City of Lino Lakes this 23rd day of June, 2008. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • • Updated 6/17/2008 2008 Tobacco License Renewals Applicant License Type Background Fees License # Lakes Liquor of Lino Lakes 7860 Lake Drive (55014) Tobacco X (Pd icenser license) T -08 -01 LTV & Associates, Inc. d/b /a/ J &K Liquors 6013 Hodgson Road (55014) Tobacco X (Pd license) license) T -08 -02 S & C Liquor, Inc. d/b /a Eagle Liquor and Tobacco 730 Apollo Drive, #190 (55014) Tobacco X (Pd icenser license) T -08 -03 Spirit Hills Wine & Liquor, Inc. d/b /a Spirit Hills Wine & Liquor 6501 Ware Road (55014) Tobacco X (Pd icensor license) T -08 -04 Trapper's Bar & Grill, LLC d/b /a Trapper's 6810 Lake Drive (55014) Tobacco X (Pd w/liquor license) T -08 -05 American Legion Post 566 7731 Lake Drive (55014) Tobacco X (Pd w/liquor license) T -08 -06 Holiday Stationstores d/b /a Holiday Stationstore #376 7509 Lake Drive (55014) Tobacco X X T 08 -07 Q. & S. Inc. d/b /a Lino Lakes Quik Stop 6501 Ware Road, Suite 360 (55014) Tobacco X X T -08 -08 Jason's Bobby & Steve's Auto World 7090 21st Av (55038) Tobacco X X T -08 -09 Fast Break on Main 7997 Lake Drive (55014) Tobacco X X T -08 -10 Fast Break 7601 Lake Drive (55014) Tobacco X X T -08 -11 Brownstone Liquors, Inc. d/b /a MGM Wine & Spirits 709 Apollo Drive (55014) Tobacco store closed All approvals are contingent upon the applicant(s) finally meeting all state and local requirements. All approvals are for the period of July 1, 2008 through June 30, 2009 (except where noted otherwise) All licenses approved by the Council on (except where noted otherwise). • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1 D Julie Bartell, City Clerk June 23, 2008 Consider Adoption of Resolution No. 08-64, Approving renewal of a Premises Permit for the Lino Lake Lions to conduct charitable gambling at American Legion Post #566 Simple Majority (3/5 Vote Required) An application for renewal of a lawful gambling Premises Permit has been submitted by Richard Schumacher of the Lino Lake Lions. The application requests that the Lino Lake Lions organization be permitted to continue to conduct charitable gambling at American Legion Post #566 located at 7731 Lake Drive. The renewal period for a Premises Permit is two years, per state guidelines. The city has conducted a background investigation relative to this application and found no information on the principal applicants that would give reason to deny the application. Minnesota Lawful Gambling law requires that the local unit of government approve applications for premises permit before they are submitted to the Gambling Control Board for final consideration. Therefore, the City Council is being asked to consider approval of a resolution approving the application submitted by the Lions. OPTIONS: 1. Approve Resolution No. 08 -64 approving renewal of a premises permit for Lino Lake Lions to conduct charitable gambling at American Legion Post #566 2. Deny Resolution No. 08 -64 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -64 APPROVING RENEWAL OF A LAWFUL GAMBLING PREMISES PERMIT FOR THE LINO LAKES LIONS CLUB WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of June 23, 2008; and WHEREAS, the Lino Lakes City Council has received a request from the Lino Lake Lions to approve renewal of their lawful gambling premises permit to conduct gambling at American Legion Post #566 at 7731 Lake Drive; and WHEREAS, the Minnesota Gambling Control Board requires the Lino Lakes Lions Club to submit a resolution from the City Council approving the premises permit application; and WHEREAS, the City of Lino Lakes has conducted the required background investigation; and WHEREAS, the Lino Lake Lions Club is in compliance with the City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council hereby approves the renewal of a premises permit for the Lion Lake Lions Club to conduct lawful gambling at American Legion Post #566 at 7731 Lake Drive, Lino Lakes, Minnesota. Adopted by the Council of the City of Lino Lakes this 23rd day of June 2008. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Al Rolek, Director of Finance MEETING DATE: June 23, 2008 TOPIC: Consideration of not waiving monetary limits on tort liability per MN Statute 466.04 VOTE REQUIRED: 3/5 BACKGROUND Each year, the City has the option of waving its monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. (The limits went from $300,000/$1,000,000 to $400,000/$1,200,000 effective 1/1/2008) If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,200,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000 occurrence and annual The City of Lino Lakes ,000 in excess liability coverage ($1,000,000 per limit). has never waived its' monetary limits on tort liability. • OPTIONS 1. The City of Lino Lakes does not choose to waive its' monetary limits on tort liability established by Minnesota Statutes 466.04. 2. The City of Lino Lakes chooses to waive its' monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. RECOMMENDATION Recommend option 1. • • • AGENDA ITEM 3A STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: June 23, 2008 TOPIC: 2nd Reading and passage of Ordinance No. 10 -08, establishing 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. The council approved first reading of Ordinance No. 10 -08 on June 9, 2008. If the second reading of this ordinance is approved, the ordinance will be published and take effective 30 days following according to the Lino Lake City Charter. The effective date would be July 30, 2008; the term of the moratorium is six months. OPTIONS: 1. Approve 2nd Reading of Ordinance No. 10 -08 establishing a moratorium on the issuance of off -sale liquor licenses in the city. 2. Deny 2nd Reading of Ordinance No. 10 -08. RECOMMENDATION: Option No. 1 1st Reading: June 9, 2008 2 "d Reading: Publication: 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 23rd day of June, 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. • • • AGENDA ITEM NO. 5Ai & ii STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: June 23, 2008 TOPIC: i. SECOND READING: Ordinance 09 -08, Amending The City Code, Section 304 to include Administration and Regulation of Public Right -Of -Way ii. Resolution No. 08 -65, Approving Summary of Ordinance No. 09 -08 for Publication VOTE REQUIRED: Simple Majority BACKGROUND: On June 9, 2008 the City Council approved the first reading of Ordinance 09 -08, Amending the City Code, Section 304 to include Administration and Regulation of Public Right -Of -Way. 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. Assuming approval of the second reading of Ordinance 09 -08, Section 304 of the City Code will become effective 30 days after publication. OPTIONS: 1. Approve Second 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: Staff is recommending approval of Ordinance No. 09 -08, Amending the City Code, Section 304 to include Administration and Regulation of Public Right -Of -Way and Resolution No. 08 -65, Approving Summary of Ordinance for Publication. ATTACHMENTS: 1. Ordinance No. 09 -08. 2. Resolution No. 08 -65. 1st Reading: Publication: 2 "d Reading: Effective: Council Member moved for adoption of the following ordinance: 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 -31- • • • 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 part of a right -of -way. Page 2 of 19 -32- 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 anything 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 -33- • • • • 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 the right -of -way than allowed in, or to extend, a permit that had already been issued. Page 4 of 19 -34- 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 one (1) year, 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 5 of 19 -35- • • • • (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 govemed 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. and shelters (c) Persons erecting fences over drainage or utility easements. (d) Persons engaged in snow removal activities. (e) Persons installing street fumishings, mail boxes, bus stop benches (f) (g) Persons installing vending machines. Persons installing irrigation systems. Page 6 of 19 —36— (h) Persons installing pet containment systems. (i) 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 7 of 19 —37— • • • • (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 Toss, 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 304.16 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 —38— (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. In all cases requiring restoration, the permittee 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. (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 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. Page 9of19 -39- • • • • (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 —40— 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 -41- • • • • • (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. (1) 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 —42— 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 attomey's fees incurred in connection with such revocation. Page 13 of 19 —43— • • • • 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 14of19 —44— 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.G. 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 govemment 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 —45— • • • • • (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 —46— 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. 30425 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 —47— • • 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 —48— Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -65 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 09 -08 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 09 -08, amending the City Code, Section 304 to include Administration and Regulation of Public Right -Of -Way; and WHEREAS, Ordinance No. 09 -08 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 23rd day of June 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • • ATTACHMENT A, RESOLUTION 08 -65 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 09 -08 AN ORDINANCE amending the City Code by adding Section 304, Administration and Regulation of Public Right -Of -Way The purpose of creating Section 304 of the city code is to bring all companies under one uniform set of standards, streamline the franchising process, and remove questions about the extent of the City's authority over non - franchised utilities such as telephone companies. Section 304 contains the following: Section 304.01 Election to Manage the Public Right -of -Way 304.02 Definitions 304.03 Permit Requirement 304.04 Permit Applications 304.05 Issuance of Permits; Conditions 304.06 Permit Fees 304.07 Right -of -Way Patching and Restoration 304.08 Supplementary Applications 304.09 Denial of Permit 304.10 Installation Requirements 304.11 Trenchless Excavation 304.12 Inspection 304.13 Standards During Construction or Installation 304.14 Work Done Without a Permit 304.15 Supplementary Notifications 304.16 Revocation of Permits 304.17 Mapping Data 304.18 Location and Relocation of Facilities 304.19 Undergrounding 304.20 Damage to Other Facilities 304.21 Right -of -Way Vacation 304.22 Indemnification and Liability 304.23 Abandoned Facilities 304.24 Appeal 304.25 Reservation of Regulatory and Police Powers 304.26 Right -of -Way Fees and Charges Passed by the Lino Lakes City Council on June 23rd, 2008. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • DATE TIlVIE STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : June 2, 2008 . 5:30 p.m. . 10:02 p.m. : Councilmember Gallup, O'Donnell, Reinert and Mayor Bergeson : Councilmember Stoltz Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Director of Public Safety, Dave Pecchia; Finance Director, Al Rolek; Public Services Director, Rick DeGardner; Economic Development Coordinator, Mary Alice Divine; City Clerk, Julie Bartell 1. 2007 Audit Presentation — Finance Director Rolek introduced Brock Geyen of Larson, Allen, Weishair & Company, the city's auditor, to review the 2007 Audit Report. Mr. Geyen explained the audit process that includes a review of the city's financial transactions and reports for presentation and disclosure and a report on the city's legal compliance in financial areas. He reported that Lino Lakes finance staff has been very responsive and easy to work with during the audit process. It is the goal of the city to continue to receive the Certificate of Achievement for Excellence in Financial Reporting and the auditor feels that this year's report will meet that standard. A council member requested that the report be distributed with more front -end review time next year. The Comprehensive Annual Financial Report (CAFR) was reviewed. The only independent information provided by the auditor is the report beginning on page 9 that identifies their independent role. The Management's Discussion and Analysis is a useful summary of the data included in the document. Specifically, the General Fund balance is noted at $5,000,000 +, representing 62% of expenditures for the year (reserve), considered to be a healthy level. Finance Director Rolek noted that fund balance is an important component in handling fluctuating revenue that can occur throughout the year. He pointed out the section of the document dealing with notes to the financial statements is a good review area that includes good background and history. He added that the city did end the year with a surplus over $40,000, even during a slow growth year. Mr. Geyen continued his review of other funds, totaling $3,000,000+, much of that being bond revenue from the Legacy at Woods Edge debt. The Water and Sewer Fund were also reviewed. Overall, Mr. Geyen, suggested that the auditors feel management is doing a good job in managing the finances of the city and the fund situation shows that. CITY COUNCIL WORK SESSION -2- DRAFT June 2, 2008 47 48 Mr. Geyen then reviewed the Other Auditor Reports. Most of the comments are reoccurring; 49 noted were funds with a deficit (improvement shown in bringing some down), area and unit 50 charge fund reminder not to overextend, debt service review, and development escrow 51 accounting that have deficit balances (improvement shown by staff bringing accounts up to date). 52 The report also includes a clean legal compliance finding, other required auditor communications 53 and a report of new auditing standards. 54 55 A council member noted that this seems like one of the best audit reports that the city's received 56 and congratulations are due to Finance Director Rolek including his effort to bring forward the 57 issues of past audits and get the council to deal with it. 58 59 Mr. Geyen will be presenting the report at the upcoming city council meeting; the council 60 recommended that he present the information in the best form for citizen review and 61 comprehension. 62 2. Comprehensive Plan Update — Community Development Director Grochala explained 63 the history of the current comprehensive plan update process that has been underway for nearly 64 two years. (Also present was Ciara Schlichting of Bonestroo, consultant to the comprehensive 65 plan update project.) Basically, the process began with the 2006 community survey, that was 66 followed by a community visioning process that identified priority areas, and is currently 67 involving the comp plan advisory panel in establishing forecasts and drafting a staging and land 68 use plan. In reviewing the proposed forecasts relative to projected households and employment, 69 Mr. Grochala noted that they are just estimates but they are reviewed by the Metropolitan 70 Council for their infrastructure investment planning. The forecasts do reflect a change with the 71 removal of the growth management policy that limited new development to a certain number (the 72 advisory panel is not proposing a city imposed cap). The 2030 Staging Plan that represents the 73 location and timing of sewered development was reviewed; the plan is based on the city's 74 sanitary sewer districts and infrastructure to insure future efficiency in growth and the plan has 75 been approved by the advisory panel. The land use plan, as presented, is based on the forecasts 76 and staging plans; it identifies that all property guided for development through 2030 will 77 develop but that is unlikely. Regarding the issue of growth manage, again the panel is not 78 choosing to pursue the 147 unit growth limit but as an alternative proposes to develop and 79 strengthen an overriding framework for growth management focused more on design and quality 80 rather than quantity. The comprehensive plan will represent the city's recommendations for the 81 future development of the community. The Lino Lakes plan will be unique in its inclusion of a 82 Resource Management Plan (RMP) in collaboration with the Rice Creek Watershed District. 83 The RMP will be an important element in the overall plan to deal with the elements of natural 84 resources and conservation design. The Plan will also guide changes to the city's official controls 85 (zoning, building etc. regulations) as well as engineering design standards. Consideration will be 86 given also to the City's Five Year Financial and Capital Improvement Plan as it relates to future 87 investment by the city. Mr. Grochala reviewed the future schedule for the process including 88 additional staff work followed by panel review and additional community input before the final 89 council consideration proposed for October. 90 The council requested that the plans reviewed this evening be provided to them in electronic 91 form. Also, any major changes, as staff reports back on these plans, should be clearly -52- • • • CITY COUNCIL WORK SESSION -3- DRAFT June 2, 2008 92 communicated to the council and public along with the reasoning. Residents that are impacted 93 by changes in planning should be kept informed (staff noted that their goal is to get the map into 94 every home in the city). 95 Three advisory panel members were present (Harvey Karth, Perry Laden, and Pat Huelman) and 96 expressed their confidence in the information being presented. They reported to the council that 97 it's been a good and thorough process. 98 3. Community Information Sign - Lions Club Donation - Public Service Director 99 DeGardner explained that the Lino Lakes Lions Club has offered to assist in funding a 100 community message board. Staff has evaluated seven possible locations as presented in his staff 101 report. The most significant obstacle is the city's regulations regarding signs that prohibit 102 placement of illuminated signs adjacent to residential property; a text amendment would 103 probably be required to allow a community sign but such an amendment could have other 104 repercussions. He has concerns about a placement of an electronic sign on any road with a 50 105 mph speed limit. 106 Lino Lion Richard Schumacher noted that the Lions have also identified the intersection of Lake 107 Drive and Town Center Drive (Option 3 in the report). Mr. DeGardner explained that there are 108 obstacles involved in that site also, possibly including the adjacent neighbor and a change in use 109 of the land. no The council suggested that a text amendment that excludes commercial signs is a possibility. 111 There was discussion about the future of the Town Center district and the appropriateness of 112 having the sign near city hall once development is underway. 113 The mayor disclosed that he is a member of the Lino Lake Lions Club. 114 The council directed staff to continue to work with the Lions on the matter of placement of a 115 sign. Mr. Schumacher concurred that the Lions first choice would be Town Center Parkway and 116 Lake Drive and they are committed to speaking with the adjacent property owner(s) about the 117 idea. 118 Mr. Schumacher mentioned that at noon on June 14 (Flag Day), the Lions will be sponsoring a 119 special event with free food at the American Legion. 120 4. Preliminary Budget Guidance — Finance Director Rolek reported on plans for the 121 coming budget cycle. He noted the approval of levy limits by the state and that the city's budget 122 will have to be prepared within that new limitation. He is interested in council priorities, and 123 parameters. Of course, one guideline will be the city's five -year plan but there are limitations 124 arising. 125 The mayor recalled that it's been a goal in past years to keep the tax rate flat and still provide the 126 same level of service. There has always been, in the past, increasing valuation and new growth. 127 What is the implication of that premise in the coming year's budget? CITY COUNCIL WORK SESSION -4- DRAFT June 2, 2008 128 Finance Director Rolek replied that in consideration of property values increasing by 3.9 percent 129 (information from county assessor) and the 3.7 levy limit, it would fall somewhat close to the 130 same tax rate. Aside from that is what the city wants to accomplish in the way of goals and also 131 what other responsibilities will arise. 132 A council member recalled that the matter of in -house vs. contracted engineering services is a 133 question that remains from last year. The mayor recalled that the council concensus seemed to 134 be to look at it again in the future. Staff should come back sooner rather than later with analysis 135 on that. Another council member pointed out that growth is slow and that should impact the 136 five -year plan, employee growth as well as revenue estimates; a conservative approach is 137 warranted. 138 The fire district expense to the city is an area that should be reviewed regularly. Administrator 139 Heitke suggested that the council could review that group's funding formula at the next work 140 session. 141 Also a special budget work session is planned for August 18 if that works for the council. 142 5. Town Center Update Finance Director Rolek updated the council (verbal only). He 143 recalled that the council had recently received an update on the tax increment situation for Town 144 Center from Paul Steinman. Since that time, the taxes and specials were not paid by the bank 145 that foreclosed on the mortgage. Staff expects to meet with the owner to find out what the plans 146 are since it was understood that they would be paying the taxes. The outstanding assessment is 147 about $1,060,000 (representing one and a half years); altogether the amount due is in the area of 148 $1,500,000. There is an interest payment due on the public improvement special assessment and 149 the fund earmarked for that revenue is about $28,000 short. 150 When asked by the council about a worst case scenario, Finance Director Rolek suggested that if 151 the property were to go tax forfeit, the taxes as well as assessment could be lost. The city is 152 legally obligated to pay the debt service of $534,000 annually for the next thirteen years. 153 Contingency planning is appropriate and important at some point. There will be considerations 154 during the upcoming budget process. 155 A council member suggested that if the city needs to be proactive in this situation rather than 156 defensive, that shouldn't be ignored. It shouldn't come to the point of the city getting pushed to 157 do things with the property that are not appropriate and were never planned. 158 Finance Director Rolek reiterated that information gathering is a key element at this point. He 159 will be setting up a meeting (with Attorney Steve Bubul as city's counsel) as soon as possible. 160 The mayor suggested that the council receive updated information as soon as it's available. 161 6. R.O.W Management Ordinance - Public Services Director DeGardner noted that the 162 council discussed the possibility of a city right -of -way ordinance at the last work session. Based 163 on that discussion, he is presenting a proposed ordinance, drafted by Kennedy & Graven, for 164 consideration. It includes a permit identification and requirement process, permit fees and 165 restoration issues. It requires mapping data and as-built drawing upon completion of the work —54— • • • • • • CITY COUNCIL WORK SESSION -5- DRAFT June 2, 2008 166 for city records. The fees, including degradation fees for road surface removal, are a revenue 167 source for the city's costs. This would bring all the utilities into a unified process, streamline the 168 process and establish the city's authority. It's really a standard in place already for most cities, 169 including recently by Circle Pines. This is a cost of doing business for the utilities that would be 170 passed along to their customers but not as a direct charge on bills. 171 The council concurred that the ordinance will be considered for first reading at the council 172 meeting on June 9. 173 7. Xcel Electricity, Gas Franchise Agreement — Administrator Heitke recalled that the 174 council was advised at the last work session that the city's franchise agreement with Xcel Energy 175 is expiring in June. The council gave a direction that when new franchise agreements are drafted 176 they should include the ability to establish franchise fees. Administrator Heitke is providing 177 draft gas and electric franchise ordinances as prepared by Attorney James Strommen of Kennedy 178 and Graven. The attachment to the report is a marked up copy of a proposed new Xcel 179 agreement; the changes provide more clarity, especially in the rights of the city. The franchise 180 fee language is included on Page 7, with three different methodologies presented to preserve 181 maximum flexibility for the city. It does provide the possibility of engaging fees on all utility 182 providers. 183 When discussing the specifics of the current arrangement with Centennial Utilities, the council 184 decided to ask the city's representative to that group, Vernon Reinert, to attend the next work 185 session so as to participate in this discussion and provide background information. The council 186 is very interested in the impact on that particular utility that already has a fee in place. It may 187 make sense to not have a specific fee set forth to leave it open for the different utility situations, 188 or not make it an across the board amount. 189 The council directed staff to get an attorney review of their questions and report back at the next 190 regular work session. Administrator Heitke noted that the attorney has advised that there is time 191 to work on the matter and the renewal of the outstanding Xcel agreement can be delayed 192 somewhat. 193 8. Amendment to Liquor Ordinance - Administrator Heitke recalled that the council 194 expressed a desire to review the current liquor ordinance 195 The council discuss the possibility of developing regulations that doesn't have things 196 congregating in a two block radius. More review is required and a moratorium on licenses 197 would allow that. 198 The council directed staff to prepare a moratorium ordinance restricting issuance of off -sale for 199 six months. 200 Legal basis for a moratorium is that you're redoing your ordinance. 201 9. Review of Regular Meeting Agenda 202 There were no changes to the regular council agenda. CITY COUNCIL WORK SESSION -6- DRAFT June 2, 2008 203 The meeting was adjourned at 10:02 p.m. 204 205 These minutes were considered, corrected and approved at the regular Council meeting held on 206 June 23, 2008. 207 208 209 210 211 212 213 Julianne Bartell, City Clerk John Bergeson, Mayor 214 215 • •