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Home My WebLink About07/28/2008 Council PacketREVISED Monday, July 28, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Community Room (not televised) 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) July 28, 2008 (Check No. 83400 through 83537) in the amount of $1,257,531.05; ii) Centennial Fire District (Check No. 3334 through 3355) in the amount of $27,341.02 B) Consider Accepting Donation from Ladies Auxiliary of VFW Post 6538 for annual Safety Camp Costs No report Pg 4 -19 Pg 20 REVISED ADMINISTRATION DEPARTMEI A) 2008 Blue Heron Days Festival i.) Liability insurance for certain Blue Heron Days events, Pg 21 -23 Gordon Heitke ii) Use of certain city -owned property for Blue Heron Days Pg 24 -25 events, Gordon Heitke iii) Consider approval of Resolution No. 08 -77, approving a special event and parade permit for the 2008 Blue Heron Days festival, Julie Bartell B) Consider approval of Resolution No. 08 -74, approving a special event permit and 1 to 4 day temporary on -sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic on Saturday, August 16, 2008, Julie Bartell Pg 26 -29 A) Consider Accepting the Donation of Ice Cream from the Schwan Pg 30 Food Company for the Lino Lakes Police Department Volunteer Appreciation Celebration. B) Consider Resolution No. 08 -75, Accepting the Donation from the Pg 31 -32 Lino Lakes Lions, E.G. Rud & Sons, Inc., Mainstreet Bank, SMW Federal Credit Union, and Kelly & Ronald Miller for the Lino Lakes Police Explorers. C) Consider Resolution No. 08 -76, Accepting a Donation from the Pg 33 -34 Lino Lakes Lions for the Senior Safety Fair D) Consider Accepting Donations from various businesses for the Pg 35 -36 Senior Safety Fair E) Consider Resolution No. 08 -78, Approving the Joint Powers Pg 37 -53 Agreement to provide law enforcement assistance in support of the 2008 Republican National Convention REVISED F) Consider Resolution No. 08 -79, Accepting grant funds from the Pg 54 Minnesota Department of Homeland Security and Emergency Management. No report A) B) A) B) Consider Resolution No. 08 -80, Approving a Variance to the Pg 55 -59 Shoreland Ordinance's ordinary high water level setback, Paul Bengtson Consider 1st Reading of Ordinance No. 11 -08, Amending the Zoning Ordinance to accommodate Animal Control Regulations, Non - Conforming Uses, Accessory Structures located within an Easement, and typographical corrections, Paul Bengtson Reading and roll call required None Pg 60 -89 Consider approval of July 7, 2008 Council Work Session Pg 90 -94 Minutes Council Member Gallup absent Consider approval of July 14, 2008 City Council Meeting Pg 95 -97 Minutes Mayor Bergeson absent fs Community Calendar - A Look Ahead July 29, 2008 through August 11, 2008 Thursday, July 31 Monday, August 4 Monday, August 4 Monday, August 7 Monday, August 11 6:30 pm, Council Chambers 5:30 pm, Community Room Canceled 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC Council Meeting Council Agenda -1- SUMMARY MINUTES July 28, 2008 Monday, July 28, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Community Room (not televised) A) Review of Regular Meeting Agenda • ➢ 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, O'Donnell, and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. A) Consideration of Expenditures: i) July 28, 2008 (Check No. 83400 through 83537) in the amount of $1,257,531.05; ii) Centennial Fire District (Check No. 3334 through 3355) in the amount of $27,341.02 B) Consider Accepting Donation from Ladies Auxiliary of VFW Post 6538 for annual Safety Camp Costs Action Taken: Motion by Reinert, seconded by Gallup, to approve the Consent Agenda, Items 1A and 1B, was adopted Pg 4 -19 Pg 20 Council Agenda No report -2- SUMMARY MINUTES ale P A) 2008 Blue Heron Days Festival July 28, 2008 i.) Liability insurance for certain Blue Heron Days events, Pg 21 -23 Gordon Heitke Action Taken: Motion by O'Donnell, seconded by Stoltz, to accept the insurance coverage as presented (with a condition that the matter be reviewed by the city attorney), was adopted ii) Use of certain city -owned property for Blue Heron Days Pg 24 -25 events, Gordon Heitke Action Taken: Motion by Stoltz, seconded by Gallup, to authorize the use of city -owned land as requested, was adopted iii) Consider approval of Resolution No. 08 -77, approving a special event and parade permit for the 2008 Blue Heron Days festival, Julie Bartell Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolution No. 08 -77 as presented, was adopted B) Consider approval of Resolution No. 08 -74, approving a special event permit and 1 to 4 day temporary on -sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic on Saturday, August 16, 2008, Julie Bartell Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 08 -74 as presented, was adopted A) Consider Accepting the Donation of Ice Cream from the Schwans Pg 30 Food Company for the Lino Lakes Police Department Volunteer Appreciation Celebration. Action Taken: Motion by Reinert, seconded by Gallup, to accept the donation, was adopted B) Consider Resolution No. 08 -75, Accepting the Donation from the Pg 31 -32 Lino Lakes Lions, E.G. Rud & Sons, Inc., Mainstreet Bank, SMW Federal Credit Union, and Kelly & Ronald Miller for the Lino Lakes Police Explorers. Action Taken: Motion by Gallup, seconded by Stoltz, to approve Resolution No. 08 -75 as presented, was adopted Council Agenda -3- July 28, 2008 SUMMARY MINUTES C) Consider Resolution No. 08 -76, Accepting a Donation from the Pg 33 -34 Lino Lakes Lions for the Senior Safety Fair Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 08 -76 as presented, was adopted D) Consider Accepting Donations from various businesses for the Pg 35 -36 Senior Safety Fair Action Taken: Motion by Gallup, seconded by Stoltz, to accept the donations, was adopted E) Consider Resolution No. 08 -78, Approving the Joint Powers Pg 37 -53 Agreement to provide law enforcement assistance in support of the 2008 Republican National Convention Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 08 -78 as presented, was adopted F) Consider Resolution No. 08 -79, Accepting grant funds from the Pg 54 Minnesota Department of Homeland Security and Emergency Management. Action Taken: Motion by Gallup, seconded by O'Donnell, to approve Resolution No. 08 -79 as presented, was adopted IC s FEPART PORT, F a No report COMMUNITY DEVELOPMENT REPO ichael A) Consider Resolution No. 08 -80, Approving a Variance to the Pg 55 -59 Shoreland Ordinance's ordinary high water level setback, Paul Bengtson Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 08 -80 as presented, was adopted B) Consider 1 S` Reading of Ordinance No. 11 -08, Amending the Zoning Ordinance to accommodate Animal Control Regulations, Non - Conforming Uses, Accessory Structures located within an Easement, and typographical corrections, Paul Bengtson Action Taken: Motion by Reinert, seconded by O'Donnell, to approve first reading of Ordinance No. 11 -08 was adopted; Yeas 5; Nays none FINISHED BUSINESS;,, None s Council Agenda -4- SUMMARY MINUTES July 28, 2008 A) Consider approval of July 7, 2008 Council Work Session Pg 90 -94 Minutes Council Member Gallup absent Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve the minutes as presented was adopted; Council Member Gallup abstained from voting. B) Consider approval of July 14, 2008 City Council Meeting Pg 95 -97 Minutes Mayor Bergeson absent Action Taken: Motion by Gallup, seconded by Reinert, to approve the minutes as presented was adopted; Mayor Bergeson abstained from voting. Action Taken: Motion by Stoltz, seconded by O'Donnell, to adjourn at 7:15 p.m. was adopted. it- �t- Community Calendar - A Look Ahead July 29, 2008 through August 11, 2008 Thursday, July 31 Monday, August 4 Monday, August 4 Monday, August 7 Monday, August 11 6:30 pm, Council Chambers 5:30 pm, Community Room Canceled 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC Council Meeting s-fy L bt.T r,4 'r�.( Ail.4 - Rer ca E, .( Wo t, lC c-e -st x/240 8 (Sent via e-mail-July 18, 2008) July 18, 2008 Dear Honorable Mayor Bergeson: The Lino Lakes Charter Commission has received and reviewed the 2008 Council's Task Force Amendment proposal. In response, on July 17, 2008, the Commission voted to reject this proposal. In addition, the Commission voted to recommend that the city council repeal Section 8.07 of Chapter 8 of the existing City Charter by ordinance pursuant to Minnesota State Statutes 410.12 Subd. 7. The Charter Commission recommends the repeal of Section 8.07 of the existing Charter because it agrees with the current city council that having special provisions for certain segments of the city are not in the city's best interests. The Commission feels that it is best that the entire city abide by the same set of rules. The Commission finds in the proposed Council Task Force amendment that the neighborhood process to decide potential improvements is confusing, conflicting, and unworkable. Also, the Commission wants to keep residents' rights to referendum on street reconstruction projects. After careful review and deliberation, the Charter Commission has determined that the revised Council Task Force amendment does not adequately meet the needs of the citizens of Lino Lakes. Respectfully, Cori Duffy Chair, Lino Lakes Charter Commission cc: Julie Bartell, City Clerk • EXPENDITURES JULY 28, 2008 • • Date: 07/17/2008 Time: 13:46:59 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7324 7345 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 000023 SPRING LAKE PARK POLICE DEPARTMENT 1 2,026.38 2,026.38 .D0 .00 000025 BEISSWENGER'S, INC. 1 27.15 27.15 .00 .00 000057 PREMIUM WATERS, INC. 1 31.59 31.59 .00 .00 000065 SCHARBER & SONS, INC. 1 792.27 792.27 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 89.72 89.72 .00 .00 000093 ACE SOLID WASTE, INC. 1 582.66 582.66 .00 .00 000106 NELSON, ROBERT 1 150.00 150.00 .00 .00 000148 TARGET 1 15,084.00 15,084.00 .00 .00 000155 O'DEA, MARY JO 1 150.00 150.00 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 377.08 377.08 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 39.00 39.00 .00 • 000221 RAFFERTY, ROBIN G. 1 100.00 100.00 .00 000224 ST. FRANCIS POLICE DEPARTMENT 1 1,603.49 1,603.49 .00 .00 000227 DELL MARKETING L.P. 2 5,373.92 5,373.92 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 2 347.23 347.23 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 107.64 107.64 .00 .00 000329 ROLEK, ALAN 1 1,919.18 1,919.18 .00 .00 000365 STAPLES BUSINESS ADVANTAGE, INC. 1 412.11 412.11 .00 .00 000370 CENTRAL COMMUINICATIONS 2 1,677.76 1,677.76 .D0 .00 000385 BROUILLET, KIMBERLY 1 50.00 50.0D .00 .00 000405 RYDEEN, LESTER 1 76.92 76.92 .00 .00 000408 AFSCME COUNCIL #5 1 853.10 853.10 .00 .00 Date: 07/17/2008 Time: 13:46:59 City of Lino Lakes FM Entry - Invoice Journal •or Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000418 SOCCER USA MINNESOTA 1 492.25 492.25 .00 .00 000420 ANOKA COUNTY 1 136.00 138.00 .00 .00 000464 POMP'S TIRE SERVICE, INC. 1 235.66 235.66 .00 .00 000485 LINO LAKES REALTY, LLC d /b /a SB Partners 1 74,950.00 74,950.00 .D0 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 331.11 331.11 .00 .00 000489 TDS METROCOM 1 964.60 964.60 .00 .00 000511 LADEN, PERRY 1 100.00 100.00 .00 .00 000512 SCHWAN'S HOME SERVICE, INC. 1 9,081.00 9,081.00 .00 .00 000540 AUTO - MEDICS, INC. 1 133.13 133.13 .00 .00 000541 ASPEN MILLS, INC. 1 1,188.46 1,188.46 .00 .00 000611 ANDRZEJEWSKI, PAULA 1 100.00 100.00 .00 .00 000617 BROWN, PETER 1 100.00 100.00 .00 .00 000623 ROCK GARDENS, INC. 1 27.69 27.69 .D0 .00 000753 WONG, ROBIN 1 80.00 80.00 .00 .00 000757 NORTH AMERICAN COMPOSITES 1 1,621.00 1,621.00 .00 .00 11111r70 BOYER TRUCKS, INC. 2 770.59 770.59 .00 .00 000792 FARRIS, JIM 1 5.00 5.00 .00 .00 000824 HARTHORN, KAREN 1 80.00 80.00 .00 .D0 000828 JASON'S BOBBY & STEVE'S AUTO WORLD 1 20.00 20.00 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 75.00 75.00 .00 .00 000888 JOHNSON, RICK /DEER & BEAVER, INC. 1 95.00 95.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 403.98 403.98 .00 .00 000905 HYDEN, MICHAEL 1 100.00 100.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 353.36 353.36 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 1,453.51 1,453.51 .00 .D0 000983 ADMINISTRATION RESOURCES CORPORATION 1 77.56 77.56 .00 .00 000984 CONTRACT HARDWARE 1 3,335.00 3,335.00 .00 .00 • Date: D7/17/2008 Time: 13:47:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name # of items Net Gross Discount Disc. 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 860.05 860.05 .00 .00 001082 IDENTISYS, INC. 1 380.68 380.68 .00 .D0 001083 KOHL'S 1 20,178.00 20,178.00 .00 .0D 001101 CENTENNIAL LAKES POLICE DEPARTMENT 2 5,080.46 5,080.46 .00 .D0 001112 CASE, LORA 1 95.00 95.00 .00 .00 001148 EGAN OIL COMPANY 1 13,156.38 13,156.38 .00 .00 001187 CONNEXUS ENERGY 1 3,797.25 3,797.25 .00 .00 001260 ACCLAIM BENEFITS 1 143.55 143.55 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 4.79 4.79 .00 .00 001480 HAWKINS INC. 1 8,892.41 8,892.41 .00 .00 001520 FLANAGAN SALES, INC. 1 336.54 336.54 .00 .D0 001550 ASSURANT EMPOLYEE BENEFITS 1 1,107.48 1,107.48 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 117.59 117.59 .00 .00 001626 MARMON KEYSTONE 1 27,141.00 27,141.00 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 469.80 469.80 .00 .D0 001771 HALVORSON CONCRETE, INC. 1 1,934.00 1,934.00 .00 001809 ANOKA COUNTY HIGHWAY DEPARTMENT 1 20,833.33 20,833.33 .00 . _ 001860 KENNEDY AND GRAVEN, INC. 1 2,768.25 2,768.25 .00 .00 001875 HUELMAN, PAT 1 50.00 50.00 .00 .00 001880 HUGO YEal) MILL, INC. 1 337.62 337.62 .00 .00 001881 HUGO HEATING AND COOLING 1 380.00 380.00 .00 .00 002130 TRALLE, PAUL 1 150.00 150.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 966.00 966.00 .00 .00 002248 LARSON ALLEN, LLP 1 8,600.00 8,600.00 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 740.98 740.98 .00 .00 002328 G & K SERVICES, INC. 1 15.91 15.91 .00 .00 002350 MIDWAY INDUSTRIAL SUPPLY CO., INC. 1 3.94 3.94 .00 .00 • Date: 07/17/2008 Time: 13:47:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount •or # Name # of items Net Gross Discount Lost D02355 LINDY, GEORGE 1 75.00 75.00 .00 .00 002550 MENARDS, INC. 2 549.93 549.93 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 56,183.80 56,183.80 .00 .00 002584 METRO SALES INCORPORATED 1 815.97 815.97 .00 .00 002770 MINNESOTA DEPT OF EMPLOY & ECON DEV 1 1.19 1.19 .00 .00 002790 TESSMAN SEED COMPANY 1 159.70 159.70 .00 .00 002836 MINNESOTA STATE TREASURER 1 3,259.81 3,259.81 .00 .00 002903 MN DEPT OF TRANSPORTATION 1 42.60 42.60 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 938.43 938.43 .0D .00 003123 NATURE CALLS, INC. 1 1,099.48 1,099.46 .00 .00 003127 STEVENS, KAREN 1 30.00 30.00 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 234.07 234.07 .00 .00 003250 XCEL ENERGY 1 5,925.02 5,925.02 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 883.60 883.80 .00 .00 003443 OTT hit LAKE ANIMAL CARE CENTER, INC. 1 264.84 264.84 .00 .00 •;00 PRESS PUBLICATIONS, INC. 3 527.85 527.85 .00 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 2 1,87B.55 1,878.55 .00 .00 003627 PRAIRIE MOON NURSERY, INC. 1 214.88 214.88 .00 .D0 003700 TEE JAY NORTH, INC. 1 980.00 980.00 .D0 .00 003882 MINNESOTA SHREDDING LLC 1 48.00 48.00 .00 .00 003910 SAM'S CLUB, INC. 1 142.75 142.75 .00 .00 003990 SHOREVIEW, CITY OF 1 3,050.46 3,050.46 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 174.77 174.77 .00 .0D 004120 ST. JOSEPH EQUIPMENT, INC. 1 432.28 432.28 .00 .00 004127 WEGENER, WAYNE, JR. 1 2,859.40 2,859.40 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 004240 STREICHER'S, INC. 1 52.15 52.15 .00 .00 Date: 07/17/2008 Time 13:47:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 5 Vendor # Name # of items Net Gross Discount Disc. 004340 T.A. SCHIFSKY AND SONS, INC. 1 3,347.56 3,347.56 .00 .00 004350 T.K.D.A. 11 52,542.00 52,542.00 .00 .00 004367 TASCHUK, PAM 1 50.00 50.00 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 218.87 218.87 .00 .00 004560 U S BANK 1 6,049.16 6,049.16 .00 .00 004562 HD SUPPLY WATEKWORKS, LTD. 2 7,478.84 7,478.84 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 942.36 942.36 .00 .00 004608 POGALZ, BRIAN 1 100.00 100.00 .00 .00 004609 ROOT, MICHAEL 1 100.00 100.00 .00 .00 004666 BOK, BARBARA 1 100.00 100.00 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .00 004789 BERGMAN, LYNN 1 1,238.95 1,238.95 .00 .D0 004840 WINNICK SUPPLY, INC. 1 279.43 279.43 .D0 .00 005007 LUNDA CONSTRUCTION COMPANY 1 767,320.16 767,320.16 .00 .00 005017 LINO LAKES BUSINESS CENTER 5,6,7,8 1 25,145.00 25,145.00 .00 .00 007224 HUGO MILL OUTDOOR POWER, INC. 1 190.61 190.61 .00 • 007225 GREAT NORTHERN LANDSCAPE, INC. 1 267.00 267.00 .00 007375 KANGAS TANK, INC. 1 8,000.00 8,000.00 .00 .00 007378 ANDERSON, KAREN 1 996.00 996.00 .00 .00 007381 SUMMIT FIRE PROTECTION 1 14,161.00 14,161.00 .D0 .00 007388 CAPITAL CITY GLASS, INC. 1 1,100.61 1,100.61 .DD .00 007392 HAWKINS & BAUMGARTNER, P.A. 1 13,666.22 13,666.22 .00 .00 007433 HARTLEY, PAMELA 1 50.00 50.00 .00 .00 007487 SOFTWARE HOUSE INTERNATIONAL, INC. 1 968.09 968.09 .00 .0D 007498 KOEHN, MATT 1 50.00 50.00 .D0 .00 007506 EVANS, CHARLES 1 50.00 50.00 .00 .00 007507 JENSEN, RICHARD 1 50.00 50.00 .00 .DD • Date: 07/17/2008 Time: 13:47:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 6 Discount .or # Name # of items Net Gross Discount Lost 007508 SCHROEDER, B 11i 1 70.00 70.00 .00 .D0 007509 CONCRETE CUTTING & CORING, INC. 1 190.64 190.64 .00 .00 007510 DUNAWAY CONSTRUCTION 1 4,165.08 4,165.08 .00 .00 007511 FEIST, CINDY 1 10.00 10.00 .00 .00 900461 HAMLINE UNIVERSITY 1 25.00 25.00 .00 .00 900491 ROSEVILLE, CITY OF 1 2,846.67 2,846.67 .00 .00 900569 COTTAGE HOMESTEADS 1 17,738.00 17,738.00 .00 .D0 900591 CORPORATE EXPRESS, INC. 1 15.06 15.06 .00 .00 Grand Totals: 158 1,257,531.05 1,257,531.05 .00 .00* • • _1 0_ Date: 07/17/2008 Time: 13:58:58 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) 7328 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name - 7348 # of copies: 1 Description MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION SENIORS SENIORS FINANCE FINANCE FINANCE SPRING LAKE PARR POL ST. FRANCIS POLICE D DELL MARKETING L.P. AFSCME COUNCIL #5 ANOKA COUNTY MINNESOTA STATE RETI CENTENNIAL LAKES POL CENTENNIAL LAKES POL LAW ENFORCEMENT LABO METRO COUNCIL ENVIRO MN DEPT OF LABOR /IND MN CHILD SUPPORT PAY MN CHILD SUPPORT PAY ANOKA COUNTY SHERIFF U S BANK MAY '07 SAFE /SOBER MAY '07 SAFE /SOBER COMPUTER PURCHASE /PATRIC PAYROLL WITHHOLDING FILING FEE PAYROLL WITHHOLDING MAY '07 SAFE /SOBER REIMBURSE EAGLE BROOK OV PAYROLL WITHHOLDING JUNE SAC APRIL, MAY, JUNE SURCBAR BRIAN C HRONSKI /00117455 TERRY J MECKLE /001401177 MAY '07 SAFE /SOBER COMPUTER PURCHASE /TIM N Total for Department BERGMAN, LYNN AMBASSADOR FLOAT EXPENSE Total for Department 401 BARNA, GUS? & STEFFE ADMINISTRATION RESOU ACCLAIM BENEFITS ASSURANT EMPLOYEE BE MINNESOTA DEPT OF EM PRESS PUBLICATIONS, PRESS PUBLICATIONS, MINNESOTA SHREDDING U S BANK U S BANK U S BANK PROFESSIONAL SERVICES COBRA ADMINISTRATION - FT,EFTBLE SPENDING ADMINI GROUP INSURANCE /JULY UNEMPLOYEMENT BENEFITS/ ORDINANCE 09 -OB ORDINANCE 10 -08 DESTROY CONFIDENTIAL MAT LMC CONFERENCE /GORDON H LODGING /DAN T MEMBERSHIP /GORDON H Total for Department 402 TDS METROCOM MONTHLY SERVICE /JUNE ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY Total for Department 406 ROLEK, ALAN REMIN MILEAGE /MEALS /MEET ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- Amount 2,026.38 1,603.49 1,495.06 853.10 138.00 860.05 2,000.46 3,080.00 966.00 9,033.75 3,259.81 681.40 257.03 1,480.24 1,840.31 29,575.08* 1,238.95 1,238.95* 39.00 77.56 143.55 85.05 1.19 76.50 84.15 48.00 22.47 319.50 910.00 1,806.97* 35.48 5.67 41.15* 1,919.18 57.25 3,720.36 • • • Date: 07/17/2008 Time: 13:58:58 Operator: JAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS PRESS PUBLICATIONS, FINANCIAL REPORT ROSEVILLE, CITY OF MONTHLY SERVICE /JULY Total for Department 407 KENNEDY AND GRAVEN, ATTORNEY KENNEDY AND GRAVEN, CHARTER HAWKINS & BAUMGARTNE CRIMINAL ATTORNEY HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY Total for Department 414 ECONOMIC DEVELOPMENT TARGET TAX ABATEMENT /1ST HALF ' ECONOMIC DEVELOPMENT KOHL'S TAX ABATEMENT ECONOMIC DEVELOPMENT ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY Total for Department 415 PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING VEERING COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • NELSON, ROBERT QUARTERLY STIPEND RAFFERTY, ROBIN G. QUARTERLY STIPEND LADEN, PERRY QUARTERLY STIPEND HYDEN, MICHAEL QUARTERLY STIPEND ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY 'rRALLE, PAUL QUARTERLY STIPEND T.K.D.A. COMP PLAN /JUNE U S BANK SEMINAR /JEFF S POGALZ, BRIAN QUARTERLY STIPEND ROOT, MICHAEL QUARTERLY STIPEND Total for Department 416 T.K.D.A. ENGINEERING SERVICES /JUN Total for Department 417 ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY HAMLINE UNIVERSITY CAMPAIGN /TIM P Total for Department 418 CENTRAL COMMUNICATIO CENTRAL COMMUNICATIO TDS METROCOM ASPEN MILLS, INC. JASON BOBBY & STEVE' IDENTISYS, INC. CONNEXUS ENERGY FAST BREAK CORNER MA ASSURANT EMPLOYEE BE METRO SALES INCORPOR OTTER LAKE ANIMAL CA ANOKA COUNTY SHERIFF SAM'S CLUB, INC. WEGENER, WAYNE, JR. STATE OF MINNESOTA STREICHER'S, INC. STATE ACCESS /APRIL, MAY, WIRELESS ACCESS /JUNE MONTHLY SERVICE /JUNE UNIFORM SUPPLIES CAR WASHES DUAL -SIDED RIBBON MONTHLY SERVICE /JUNE CAR WASH GROUP INSURANCE /JULY ANNUAL MAINTENANCE ANIMAL CONTROL RANGE TIME MEETING SUPPLIES /FAN REIMBURSE CLASSES CONNECT /TERMINAL CHARGES UNIFORM SUPPLIES 367.20 2,846.67 8,910.66* 518.75 809.50 12,331.00 1,335.22 14,994.47* 15,084.00 20,178.00 16.91 35,278.91* 150.00 100.00 100.00 100.00 31.91 150.00 249.22 35.00 100.00 100.00 1,116.13* 20,338.30 20,338.30* 44.51 25.00 69.51* 900.00 777.76 667.39 1,188.46 20.00 380.68 21.31 4.79 449.62 815.97 264.84 398.31 62.66 2,859.40 390.00 52.15 Date: 07/17/2008 Time: 13:58:58 Department Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE U S BANK U S BANK U S BANK U S BANK UNIFORMS UNLIMITED, UNIFORMS UNLIMITED, UNIFORMS UNLIMITED, ANDERSON, KAREN CORPORATE EXPRESS, I COMPUTER NETWORK CARD CONFERENCE /LINDA A SAFETY TRAINING WOMENS SHIRTS UNIFORM SUPPLIES /2667 UNIFORM SUPPLIES /3415 UNIFORM SUPPLIES /8350 REIMBURSE EDUCATIONAL EX OFFICE SUPPLIES Total for Department 420 ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY Total for Department 421 BUILDING INSPECTIONS ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET 7T xT;T FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET BEISSWENGER'S, INC. TDS METROCOM JOHNSON, RICK /DEER & DIAMOND VOGEL PAINTS CONNEXUS ENERGY ASSURANT EMPLOYEE BE HALVORSON CONCRETE, MN DEPT OF TRANSPORT T.A. SCHIFSKY AND SO T.K.D.A. CONCRETE CUTTING & C SUPPLIES DUNAWAY CONSTRUCTION 1/3 CULVERT REPLACEMENT/ DUNAWAY CONSTRUCTION 1/3 CULVERT REPLACEMENT/ Total for Department 43D CORDLESS SCISSORS MONTHLY SERVICE /JUNE DEER REMOVAL /JUNE CROSSWALK PAINT MONTHLY SERVICE /JUNE GROUP INSURANCE /JULY CURB REPAIR FIELD MANUAL ASPHALT '08 SURFACE WATER /JUNE SCHARBER & SONS, INC RYDEEN, LESTER POMP'S TIRE SERVICE, AUTO - MEDICS, INC. BOYER TRUCKS, INC. BOYER TRUCKS, INC. BEE LINE ALIGNMENT S O'REILLY AUTOMOTIVE, EGAN OIL COMPANY ASSURANT EMPLOYEE BE GILLUND ENTERPRISES, G & K SERVICES, INC. MIDWAY INDUSTRIAL SU MENARDS, INC. FACTORY MOTOR PARTS ST. JOSEPH EQUIPMENT U S BANK HUGO MILL OUTDOOR PO FILTER /PARTS /TILLER REIM CLOTHING ALLOWANCE/ TIRE REPAIR TOW /'05 GMC FILTER INSULATOR ALIGN BRAKE LINE /SEALER /FILTER DIESEL /GASOHOL GROUP INSURANCE /JULY CHEMICALS SHOP TOWELS GASKET COPPER PIPE /WATER HEATER BRAKE PAD KIT /ROTOR MILL HEAD REPLACEMENT TE PARTS V- BELT /FILTER /OIL 34.97 75.00 60.00 673.00 867.92 37.22 37.22 996.00 15.06 12,049.73* 45.85 45.85* 59.75 59.75* 27.15 35.48 95.00 1,453.51 980.41 99.93 1,934.00 42.6D 3,347.56 2,641.42 190.64 1,967.81 2,197.27 15,012.78* 792.27 76.92 235.66 133.13 37.66 732.93 75.00 403.98 13,156.38 15.33 117.59 15.91 3.94 14.12 234.07 432.28 156.93 81.71 • Date: 07/17/2008 Time: 13:58:58 • Department Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS 110: r.�tKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL • Total for Department 431 PREMIUM WATERS, INC. J. B. LARSON COMPANY ACE SOLID WASTE, INC AMERIPRIDE LINEN /APP STAPLES BUSINESS ADV COORDINATED BUSINESS TDS METROCOM C. P. OFFICE PRODUCT CONNEXUS ENERGY ASSURANT EMPLOYEE BE HUGO HEATING AND COD MONTHLY SERVICE /JUNE BULBS MONTHLY SERVICE /JULY MAT RENTAL OFFICE SUPPLIES MAINTENANCE CONTRACT JAN MONTHLY SERVICE /JUNE OFFICE SUPPLIES MONTHLY SERVICE /JUNE GROUP INSURANCE /JULY MOTOR /CAPACITOR LAKESIDE AUTO &PAIN UNIT #441 TRACTOR CLAIM MENARDS, INC. COPPER PIPE /WATER HEATER XCEL ENERGY MONTHLY SERVICE /JUNE TEE JAY NORTH, INC. MATERIAL /PARTS SAM'S CLUB, INC. MEETING SUPPLIES /FAN TWIN CITY GARAGE DOD AIR HOSE U S BANK UPGRADE OMNIPAGE COMCAST MONTHLY SERVICE /JULY Total for Department 432 ACE SOLID WASTE, INC CONNEXUS ENERGY FLANAGAN SALES, INC. ASSURANT EMPLOYEE BE HUELMAN, PAT LINDY, GEORGE MENARDS, INC. TESSMAN SEED COMPANY NATURE CALLS, INC. NORTHWAY IRRIGATION/ TASCHUK, PAM HUGO MILL OUTDOOR PO KOEHN, MATT EVANS, CHARLES JENSEN, RICHARD MONTHLY SERVICE /JULY MONTHLY SERVICE /JUNE INFANT SEATS /3 GROUP INSURANCE /JULY QUARTERLY STIPEND QUARTERLY STIPEND LOCKWASBER /NUTS /SILVER MAINTENANCE SUPPLIES PORTABLE RESTROOM RENTAL NOZ7.T.r QUARTERLY STIPEND V- BELT /FILTER /OIL QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND Total for Department 450 ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY U S BANK CLASS /MARY F Total for Department 451 O'DEA, MARY JO BROUILLET, KIMBERLY ANDRZEJEWSKI, PAULA BROWN, Pt..ctat ASSURANT EMPLOYEE BE HUGO FEED MILL, INC. QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND GROUP INSURANCE /JULY POAST /OIL /SPRINT 16,715.81* 31.59 89.72 449.62 107.64 412.11 331.11 119.81 353.36 1,255.56 10.56 380.00 740.98 476.39 5,828.06 980.00 80.09 218.87 117.09 69.90 12,052.46* 133.04 7.99 336.54 82.54 50.00 75.00 59.42 159.70 1,099.48 883.80 50.00 108.90 50.00 50.00 50.00 3,196.41* 22.39 119.00 141.39* 150.00 50.0D 100.00 100.00 11.92 337.62 Date: 07/17/2008 Time: 13:58:58 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ENVIRONMENTAL BOR, BARBARA QUARTERLY STIPEND 100.00 ENVIRONMENTAL HARTLEY, PAMELA QUARTERLY STIPEND 50.00 Total for Department 461 899.54* SOLID WASTE ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY 5.15 Total for Department 462 5.15* FORESTRY ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY 6.01 Total for Department 463 6.01* Total for Fund 101 173,555.01* WONG, ROBIN REIMBURSE PROGRAM REC 80.00 FARRIS, JIM REIMBURSE PROGRAM REC 5.0D HARTHORN, KAREN REIMBURSE PROGRAM REC 80.00 CASE, LORA REIMBURSE PROGRAM REC 95.00 STEVENS, KAREN REIMBURSE PROGRAM REC 30.00 SCHROEDER, BETH REIMBURSE PROGRAM REC 70.00 FEIST, CINDY REIMBURSE PROGRAM REC 10.00 Total for Department 370.00* PROGRAM REC LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 69.22 Total for Department 200 69.22* YOUTH INSTRUCTIONAL SOCCER USA MINNESOTA CAMP BALLS 492.25 Total for Department 207 492.25* YOUTH SPORTS U S BANK PROGRAM REC GOLF b'r:tS 223.00 YOUTH SPORTS U S BANK SEMINAR /JEFF S 118.00 Total for Department 208 341.00* Total for Fund 201 1,272.47* OTHER LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 334.93 Total for Department 499 334.93* Total for Fund 301 334.93* OTHER LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 412.32 Total for Department 499 412.32* Total for Fund 401 412.32* GOVERNMENT BUILDINGS DELL MARKETING L.P. REPLACEMENT COMPUTERS /4 3,878.86 GOVERNMENT BUILDINGS U S BANK ADMIN LAPTOP REPLACEMENT 1,344.89 GOVERNMENT BUILDINGS SOFTWARE HOUSE INTER COMPUTER SOFTWARE 968.09 Total for Department 432 6,191.84* Total for Fund 403 6,191.84* • • Date: 07/17/2008 Time: 13:58:58 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount OTHER PRAIRIE MOON NURSERY SEED FOR POND 214.88 Total for Department 499 214.88* Total for Fund 405 214.88* OTHER LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 966.35 OTHER T.K.D.A. COMP PLAN /JUNE 5,890.74 OTHER T.K.D.A. ENGINEERING SERVICES /JUN 1,711.79 Total for Department 499 8,568.88* Total for Fund 406 8,568.88* OTHER COTTAGE HOMESTEADS TIF PAY -AS- YOU -GO /1ST HA 17,738.00 Total for Department 499 17,736.00* Total for Fund 411 17,738.00* FOGARTY DEV -LINO BUS LINO LAKES BUSINESS TIF PAY -AS- YOU -GO /1ST HA 25,145.00 Total for Department 513 25,145.00* CONTRACT HARDWARE CONTRACT HARDWARE TIF PAY -AS- YOU -GO /1ST HA 3,335.00 Total for Department 514 3,335.00* MARMON KEYSTONE MARMON KEYSTONE TIF PAY -AS- YOU -GO /1ST HA 27,141.00 Total for Department 518 27,141.00* # IT FIRE PROTECTI SUMMIT FIRE PROTECTI TIF PAY -AS- YOU -GO /1ST HA 14,161.00 Total for Department 519 14,161.00* NORTH AMERICAN COMPO NORTH AMERICAN COMPO TIF PAY -AS- YOU -GO /1ST HA 1,621.00 Total for Department 520 1,621.00* Total for Fund 416 71,403.00* PANATONI LINO LAKES REALTY, L TIF PAY -AS- YOU -SO /1ST HA 74,950.00 Total for Department 525 74,950.00* SCHWAN'S SCHWAN'S HOME SERVIC TIF PAY -AS- YOU- GO /15T HA 9,081.00 Total for Department 526 9,081.00* Total for Fund 417 84,031.00* OTHER KENNEDY AND GRAVEN, LEGACY 1,440.00 Total for Department 499 1,440.00* Total for Fund 418 1,440.00* OTHER T.K.D.A. 2008 OVERLAY /JUNE 10,915.76 OTHER T.K.D.A. 2008 SEAL COAT /JUNE 5,029.42 Total for Department 499 15,945.18* • Date: 07/17/2008 Time: 13:58:58 Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fund 421 15,945.18* OTHER LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 107.52 Oltit:R T.K.D.A. ENGINEERING SERVICES /JUN 909.58 Total for Department 499 1,017.10* Total for Fund 422 1,017.10* OTHER LUNDA CONSTRUCTION C LAKE DRIVE /35W INTERCHAN 767,320.16 O1'ti.K GREAT NORTHERN LANDS INSTALL REMOTE WIRING 267.00 Total for Department 499 767,587.16* OTHER Total for Fund 471 767,587.16* T.K.D.A. CSAH 8/14 -JUNE 198.00 Total for Department 499 198.00* Total for Fund 472 198.00* ANOKA COUNTY HIGHWAY CASH 14/I -35E DESIGN Total for Department 499 20,833.33 20,833.33* Total for Fund 474 20,833.33* SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN 9.54 Total for Department 9.54* WA'IE±. INSTRUMENTAL RESEARC REISSUE AP #81620 152.00 WA'1t.x INSTRUMENTAL RESEARC WATER TEST 195.23 WATER TDS METROCOM MONTHLY SERVICE /JUNE 106.44 WATER CONNEXUS ENERGY MONTBLY SERVICE /JUNE 1,180.83 WATER HAWKING , INC. CHEMICALS /CYLINDER 8,892.41 WATER ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY 28.56 WATER ONE CALL CONCEPTS, I MONTHLY SERVICE /JUNE 234.90 WATER LARSON ALLEN, LLP FINANCIAL STATEMENTS 12- 1,138.91 WATER XCEL ENERGY MONTHLY SERVICE /JUNE 80.27 WATER SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN 2,179.30 WATER T.K.D.A. ENGINEERING SERVICES /JUN 1,711.80 WATER HD SUPPLY WATERWORKS LID COVERS /100 6,562.07 WATER HD SUPPLY WATERWORKS VALVE REPLACEMENT 916.77 WATER KANGAS TANK, INC. POWER WASH EXTERIOR /WATE 8,000.00 WATER CAPITAL CITY GLASS, INSTALL GLASS UNIT /CLEAR 1,100.61 Total for Department 494 32,480.10* Total for Fund 601 32,489.64* SEWRR ALL SEASONS RENTAL, REMT MIXING TRAILER /READ 377.08 SEWER ROCK GARDENS, INC. PLAYBOX SAND 27.69 SEWER CONNEXUS ENERGY MONTHLY SERVICE /JUNE 351.15 SEWER ASSURANT EMPLOYEE BE GROUP INSURANCE /JULY 28.57 • • Date: 07/17/2008 Time: 13:58:58 Operator: JAL • Department Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SEWER SEWER SEWER SEWER SEWER SEWER • • ONE CALL CONCEPTS, I LARSON ALLEN, LLP METRO COUNCIL ENVIED XCEL ENERGY SHOREVIEW, CITY OF WINNICK SUPPLY, INC. MONTHLY SERVICE /JUNE FINANCIAL STATEMENTS 12- AUGUST SEWER MONTHLY SERVICE /JUNE QUARTERLY UTILITY SILLIN REROD /CHAIR /TEE /PLUG /GUA Total for Department 495 Total for Fund 602 51,177.57* ANOKA COUNTY LICENSE ADDITIONAL SALES TAX /VEH 174.77 T.K.D.A. 2008 GEN DEV SVCS MARKET 1,282.50 T.K.D.A. GRANDVIEW /JUNE 58.13 T.K.D.A. MAIN STREEET VILLAGE /JUN 844.60 T.K.D.A. MARSHAN MEADOWS /JUNE 58.13 T.K.D.A. OAKWOOD VIEW /JUNE 702.61 Total for Department 3,120.74* 234.90 1,850.39 47,150.05 16.69 861.62 279.43 51,177.57* Total for Fund 801 3,120.74* Grand Total 1,257,531.05* • CENTENNIAL FIRE DISTRICT • • Check Register FIRE GL GL Posting Period(s): 07/08 - 07/08 Check Issue Date(s): 07/08/2008 - 07/22/2008 Page: 1 Jul 22, 2008 08:38am Per Date Check No Vendor No 07/08 07/22/08 Total 3334 07/08 07/22/08 Total 3335 Payee 3334 10600 ANCOM COMMUNICATIONS, INC 3335 11565 ASPEN MILLS 07/08 07/22/08 3336 07/08 07/22/08 3337 07/08 07/22/08 3338 07/08 07/22/08 3339 07/08 07/22/08 3340 07/08 07/22/08 3341 20120 BATTERIES PLUS 20400 DAVID BRUDER 30480 CENTENNIAL UTILITIES 30540 CHIEF 30575 CITY OF CIRCLE PINES 31008 COMCAST 07/08 07/22/08 3342 31137 CONNEXUS ENERGY 07/08 07/22/08 3343 50120 EMERGENCY APPARATUS MAINT, I' Total 3343 07/08 07/22/08 3344 50130 07/06 07/22/08 3345 60650 07/08 07/22/08 3346 120450 07/08 07/22/08 3347 130500 07/08 07/22/08 3348 130825 07/08 07/22/08 3349 07/08 07/22/08 3350 07/08 07/22/08 3351 07/08 07/22/08 3352 07/08 07/22/08 3353 07/08 07/22/D8 3354 07/08 07/22/08 3355 Totals: Invoice Description Inv Amount PAGER REPAIR PAGER REPAIR RUBBER INS FELT FIRE BOOT RUBBER INS FELT FIRE BOOT RUBBER INS FELT FIRE BOOT 9V & AAA BATTERIES BATHROOM REPAIR PARTS JUNE UTILITES STATION 1 FLASHBACK FIVE 2ND QTR ACCOUNTING SERVICES JULY STATION 2 INTERNET JUNE ELECTRIC STATION 1 ENGINE 11 MTC ENGINE 31 MTC 12.50 12.50 25.00 79.95 79.95 79.95 239.85 98.64 7.45 89.31 132.99 1,455.00 283.00 427.38 107.46 401.49 508.95 EMERGENCY MEDICAL PRODUCTS MEDICAL SUPPLIES 410.34 FRATTALLONE'S HARDWARE STORI VEH CLEANING 127.60 SUPPLIES CITY OF LINO LAKES JUNE REIMBURSEMENTS 20,608.23 MIDWEST FIRE & RESCUE SUPPLY SUSPENDERS 401.90 MINNESOTA UI FUND 2ND QTR UNEMP 43.45 140050 NFPA 140600 NORTHERN AIR CORPORATION 160491 POSTMASTER 160500 PRIMARY PRODUCTS CO 210232 UNI- SELECT 220200 VERIZON WIRELESS 240100 XCEL ENERGY BENEFITS NATL FIRE CODES 715.50 SUBSCRIPTION STATION 2 A/C 304.38 OPERATON CHECK POSTAGE 168.00 MEDICAL SUPPLIES 115.98 FLOOR DRY 143.33 CELL PHONES 280.72 ELECTRIC STATION 2 754.02 27,341.02 M = Manual Check, V = Void Check • AGENDA ITEM 1B STAFF ORIGINATOR Al Rolek MEETING DATE July 28, 2008 TOPIC Accepting Donation from Ladies Auxilliary of VFW Post 6583 to Defray Cost of Annual Safety Camp VOTE REQUIRED Simple Majority The Ladies Auxilliary of VFW Post 6583 has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. Because the Centennial Fire District is a joint powers entity, it has no statutory authority to fix its own budget. This function is performed by each entity participating in the joint powers agreement. Therefore, it cannot accept the donation directly. in past years, donations have been directed to and accepted by the City of Lino Lakes, as a participant in the joint powers agreement, and a check in the same amount was issued to the Centennial Fire District for the purchase. In remaining consistent with past practice, staffs recommendation is to accept the donation from the Ladies Auxilliary of VFW Post 6583 in the amount of $200 and authorize the issuance of a check in the amount of $200 to the Centennial Fire District to be used for the annual Safety Camp. This transaction will have no net affect on the City's 2008 budget. 1. Accept the donation from the Ladies Auxilliary of VFW Post 6583 in the amount of $200 and authorize the issuance of a check in the amount of $200 to the Centennial Fire District to defray the cost of the annual Safety Camp. 2. Refer to Staff for further review. 3. Decline the donation of charitable gambling proceeds. Option 1 • • AGENDA ITEM 3Ai STAFF ORIGINATOR: Gordon Heitke MEETING DATE: July 28, 2008 TOPIC: Request to Provide Liability Insurance For Certain Blue Heron Days Events VOTE REQUIRED: 3/5 BACKGROUND The City has received a request (attached) from the Blue Heron Days Committee and Lino Lakes Ambassador Program to provide liability insurance coverage for the festival parade and Lino Lakes Ambassador coronation. In the past, the Lino Lakes Jaycees served as a festival participant and provided insurance coverage for these events. Since the Lino Lakes Jaycees no longer exist, the Blue Herons Days Committee finds that they do not have a means to provide liability insurance coverage and is therefore requesting the City to provide coverage. City staff and League of Minnesota Cities Insurance Trust (LMCIT) staff have reviewed and discussed all of the proposed Blue Heron Days - related events, groups hosting the events, and whether the events are on property owned by the hosting groups, other private property or public property, as described below. Ownership Event Event Host of Property Parade BHD Committee Public - County Ambassador Program and Coronation BHD Committee St. Joseph Church Horseshoe Toumament/Family Picnic Legion Legion Medallion/Treasure Hunt Patriot Bank Public - City Bike Rodeo Lino Lakes Police Location TBD Commerce and Crafts Chamber of Commerce Public - City Lino Lakes Lions Petting Zoo Lions Public - City Tent Dance Miller's on Main Miller's on Main Various Family Events YMCA YMCA _21_ Based on the discussion with LMCIT staff, it appears that the City would be expected to assume the liability coverage for the parade, ambassador program and coronation, bike rodeo and commerce and crafts events, in consideration of the host group, existence of liability insurance and event location. These activities are not excluded activities under the City's current liability insurance; therefore, they are covered without any additional cost to the City. The increased involvement of the City providing liability insurance may result in an increased exposure to claims against the City for these covered events and the festival as a whole. The City will be requesting a certificate of insurance from the other groups hosting activities as well as being an additional insured for activities occurring on City property. COUNCIL ACTION If the Council chooses to provide the liability insurance for the parade, ambassador program and coronation, bike rodeo, and commerce and crafts events for the Blue Heron Days Festival, this should be confirmed by a motion of the Council. ATTACHMENTS 1. Letter of Request from Blue Heron Days Committee and Lino Lakes Ambassador Program • • • • • • Bute Heron Drys Lino Lakes Blue Heron Days P.O. Box 335 Lino Lakes, MN 55014 Mayor John Bergeson and City Council Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Dear Mayor and Council: The Lino Lakes Blue Heron Days festival is scheduled for August 16 -17. In past years, the Lino Lakes Jaycees provided a certificate of liability insurance to the city to cover the parade and the Lino Lakes Ambassador coronation. There are other events, such as a YMCA family fun day, an American Legion picnic, and Miller's on Main dance, but those events are all covered by the respective organizations. The Lino Lakes Jaycees no longer exist, but festival planning has been moving forward with volunteers understanding that the Blaine Jaycees could provide liability insurance for the event. Right now, that appears to not be the case. We are concerned about having to cancel these very popular events. We respectfully request that the City of Lino Lakes provide liability coverage for the 2008 Blue Heron Days parade and coronation. Sincerely, Lynn Bergman, Director Miss Lino Lakes Ambassador Program • REVISED AGENDA ITEM 3Aii STAFF ORIGINATOR: Gordon Heitke, City Administrator MEETING DATE: July 28, 2008 TOPIC: Requests to Use City Property for Blue Heron Days Event VOTE REQUIRED: 3/5 BACKGROUND The Blue Heron Days Committee is requesting use of city -owned property for four festival events. The properties are: 1. land adjacent and south of the American Legion for the purpose of the Lions Club operating a petting zoo on August 16 (a general location map is attached); 2. land adjacent and east of the American Legion for the purpose of the hosting a family picnic on August 16 (location map is attached); 3. the City Hall property (inside and /or outside) for the purpose of the Quad Chamber of Commerce's "Commerce and Crafts" event on August 16; 4. city -owned land to be used by Patriot's Bank's medallion /treasure hunt to be conducted August 11 -15. Staff has been in contact with the League of Minnesota Cities Insurance Trust staff to determine appropriate insurance requirements to minimize any liability exposure to the City and will carry out those recommendations. COUNCIL ACTION Should the Council find it acceptable to grant permission to use city property for these festival events, a motion granting such permission is requested by staff. ATTACHMENTS 1. Location map of Lion's Club petting zoo. 2. Location map of Legion's family picnic. DataViewOnline Map Page 1 of 1 Lino Lakes Property for Petting Zoo Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. https: / /portal.sehinc.com/sehsvc /html /dvo /manLavout.htm 7 /21/2t)OR 5)DiALK ,020 TsArr 7-/q5LE, c)-1r.5 -6k Eit-TUC? S gf&7-7--)C FARAD'5 r)Et COKt. PT:v FWD Wtu- 40,4) 5-t-Ag_T Pki 4-1, pf pT gg Ism `Sg/71 OUFI °Alla 33rel TELL Oft 141%t 137,4Z AO /,4:151 / re4Gg 5-r7o2-15 61-13q e? OE tvcAgy? 1.11" fra4 crio (3. k 99 g lsod uo127-1 uvouauw • • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: Insert after Pg 25 AGENDA ITEM 3Aiii Julie Bartell, City Clerk July 28, 2008 Consider Resolution No. 08 -77, Approving a special event and parade permit for 2008 Blue Heron Days festival events Simple Majority (3/5 Vote Required) The Blue Heron Days Committee is finalizing plans for the annual community festival to take place the weekend of August 15 through August 17, 2008. Events scheduled for this year's festival are a parade on Lake Drive, city ambassador program with coronation ceremony, a petting zoo, medallion hunt, bike rodeo and business expo. The festival executive director, Alyssa Stull, has submitted a special event application requesting city permission to conduct these events. A request for use of city property for the petting zoo, medallion hunt and business expo and the related question of liability and insurance coverage has been considered by the council. The volunteer parade coordinator, Mr. Bill Combs, has been working with city staff on the parade details and has provided the following information. He anticipates approximately 50 units in the parade; the proposed route for the parade would be the same as in 2007, running on Lake Drive from Marketplace Drive to James Street, with a staging area in the Super Target parking lot. Mr. Combs has obtained permission from Anoka County to conduct the parade on County Road 23 (Lake Drive). The Police and Public Works Department have reviewed the applications and have signed off on the permits with the understanding that the applicants will continue to follow their instructions on safety, signage and parking up to and through the festival. The applicant must also have in place all necessary permissions for use of property involved in the event. The attached resolution approves the special event and parade permits. OPTIONS: 1. Approve Resolution No. 08 -77 approving a special event and parade permit for the Blue Heron Days festival. 2. Deny approval of Resolution No. 08 -77. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -77 APPROVING A SPECIAL EVENT AND PARADE PERMIT FOR BLUE HERON DAYS, AUGUST 15 -17, 2008 WHEREAS, the Lino Lakes summer celebration, Blue Heron Days, is planned for the weekend of August 15 through August 17, 2008; WHEREAS, the schedule for this year's festival includes a parade, ambassador's program and coronation, petting zoo, a medallion hunt, bike rodeo, and business expo; and WHEREAS, the Blue Heron Days Committee has submitted an application to the City for a special event and parade permit in conjunction with said events; and WHEREAS, said permit applications were reviewed for compliance with the City of Lino Lakes code of ordinances by city administration, police, fire and public works divisions; and WHEREAS, Anoka County has approved a special permit to allow for parade activities on Lake Drive on August 16, 2008 between the hours of 11:00 a.m. and 1:00 p.m.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council hereby approves the special event and parade permit application for the 2008 Blue Heron Days festival subject to ongoing efforts to ensure proper safety, signage and related issues. Adopted by the Council of the City of Lino Lakes this 28th day of July, 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: 29b • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3B Julie Bartell, City Clerk July 28, 2008 Consider Resolution No. 08 -74, Authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic Simple Majority (3/5 Vote Required) American Legion Post 566 has scheduled a special event for Saturday, August 16, 2008, during the Blue Heron Days festival. The event plans include a pig roast, corn feed, horseshoe tournament, and music. Although the hours for the various elements of the event vary, the overall hours of operation would be from 10:00 a.m. to 9:00 p.m. The Legion would like to fence off a portion of their property on the south side of their building to be used for picnic festivities on this day only. The Minnesota Alcohol and Gambling Enforcement Division requires a 1 to 4 Day Temporary On -Sale Liquor License to allow the consumption of alcohol in this outdoor area. The applicant is required to submit their request to the city requesting local approval before the application is submitted to the state for final consideration. The Legion has submitted to the City an application for both a special event permit and temporary liquor license. The applications have been reviewed by staff, including the police and fire departments, and the applicant has been provided with a list of safety conditions. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. Background information on the applicant and the American Legion Post officers is on file at City Hall. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a special event permit and temporary liquor license to American Legion Post 566. OPTIONS: 1. Approve Resolution No. 08 -74 authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic 2. Deny Resolution No. 08 -74. 29c _27_ • Council Member introduced the following resolution and moved its • • adoption: COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 08 -74 AUTHORIZING A SPECIAL EVENT PERMIT AND TEMPORARY LIQUOR LICENSE FOR AN OUTDOOR PICNIC EVENT AT AMERICAN LEGION POST 566 ON AUGUST 16, 2008. WHEREAS, the manager of American Legion Post 566 has submitted an application for a special event permit and a 1 to 4 day temporary liquor license in conjunction with a event planned for August 16, 2008, and WHEREAS, the event plans include a pig roast, corn feed, horseshoe tournament, and music; WHEREAS, as part of the event the Post would like to allow consumption of alcoholic beverages in a fenced area outside of but contiguous to their building; WHEREAS, the Post has indicated that all patrons or members attending the event will receive a proper identification check to ensure no underage alcohol service will occur; WHEREAS, the Centennial Fire District inspector has reviewed the plans for the event, including a tent, and will inspect the area for safety as the site is assembled; WHEREAS, the Police Department has reviewed the application and event plans and conducted the necessary background investigation on the applicant; WHEREAS, proof of general liability and liquor liability insurance has been submitted by the Post; WHEREAS, the Alcohol & Gambling Enforcement Division requires that this type of temporary liquor application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board; Now, Therefore, Be It Resolved by The City Council of The City of Lino Lakes: That the City Council authorizes issuance of a Special Event Permit and grants local approval of a 1-4 day temporary liquor license to American Legion Post 566 for a special event on August 16, 2008. Approved by the City Council of the City of Lino Lakes this 28th day of July, 2008. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia Pubic Safety Director /Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of accepting the donation of ice cream from the Schwan Food Company for the Lino Lakes Police Department Volunteer Appreciation Celebration. VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to publicly accept and thank the Schwan Food Company for their generous donation of ice cream for the Lino Lakes Police Department Volunteer Appreciation Celebration. RECOMMENDATION Authorize accepting the donation from the Schwan Food Company. • • • AGENDA ITEM 4B STAFF ORIGINATOR: David J. Pecchia Public Safety Director / Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of Resolution No. 08 -75 accepting donations from the Lino Lakes Lions, E.G. Rud & Sons, Inc., Mainstreet Bank, SMW Federal Credit Union, and Kelly & Ronald Miller. VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution and publicly accept and thank the Lino Lakes Lions, E.G. Rud & Sons, Inc., Mainstreet Bank, SMW Federal Credit Union, and Kelly & Ronald Miller for their generous donations to the Lino Lakes Police Explorers. RECOMMENDATION Adopt Resolution No. 08 -75 accepting the donation. ATTACHMENTS Resolution No. 08 -75. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -75 RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS, E.G. RUD & SONS, INC., MAINSTREET BANK, SMW FEDERAL CREDIT UNION, AND KELLY & RONALD MILLER FOR THE LINO LAKES POLICE EXPLORERS. WHEREAS, the Lino Lakes Police Explorers train to compete in State and National competitions against other Explorer Posts; and WHEREAS, the Lino Lakes Police Explorers volunteer their time and services to the Lino Lakes community and surrounding communities throughout the year, and WHEREAS, the Lino Lakes Lions has donated $500.00, SMW Federal Credit Union has donated $250.00, E.G. Rud & Sons, Inc. has donated $50.00, Mainstreet Bank has donated $50.00, and Kelly and Ronald Miller has donated 42.00 to be used to assist in sending the Explorers to the State and National competitions. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $892.00 and wishes to express its gratitude to the Lino Lakes Lions, SMW Federal Credit Union, E.G. Rud & Sons, Inc., Mainstreet Bank, and Kelly & Ronald Miller for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. —32— • • • • • • AGENDA ITEM 4C STAFF ORIGINATOR: David J. Pecchia Public Safety Director / Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of Resolution No. 08 -76 accepting a donation from the Lino Lakes Lions for the Senior Safety Fair VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution No. 08 -76 and publicly accept and thank the Lino Lakes Lions for their generous donation of $250 to the Senior Safety Fair. RECOMMENDATION Adopt Resolution No. 08 -76 accepting the donation from the Lion Lakes Lions. ATTACHMENTS Resolution No. 08 -76. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -76 RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS FOR THE SENIOR SAFETY FAIR. WHEREAS, the Lino Lakes Police Department organized a Safety Fair for senior citizens to educate them on personal safety, fire safety, preventing falls, and other safety topics; and WHEREAS, the Senior Safety Fair took place in May and over 70 senior citizens from the community participated in the day long event which included presentations from police officers, firefighters, and personal trainers, lunch, and breakout sessions on topics such as internet safety, 911 emergency cells phones, personal safety, and more; and WHEREAS, the Lino Lakes Lions donated $250.00 to assist with purchasing safety materials which were distributed to the senior citizens and other items needed to conduct the Senior Safety Fair; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue — Contributions 101 -3720 -000 $250.00 Increase Police Expenditure $250.00 (101 - 420 -4214 -000 Crime Prevention) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $250.00 and wishes to express its gratitude to the Lino Lakes Lions for the donation to the Senior Safety Fair. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 4D STAFF ORIGINATOR: David J. Pecchia Public Safety Director / Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of accepting donations from businesses for the Senior Safety Fair VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to publicly accept and thank the attached businesses for their generous donations to the Senior Safety Fair. RECOMMENDATION Authorize accepting donations from the attached businesses for the Senior Safety Fair. Business Donation Applebee's Restaurant Axel's Bonfire Restaurant Cub Foods Cuppa Jo's Daryl Carlberg /Copperwoods Cafe Festival Foods Green Mill Restaurant Holiday Station (Blaine) Lino Lakes Senior Center Liz Sheehy Matthew's Restaurant Michello's Precision Tune Red Oak Restaurant Waldoch Farms YMCA Exxon Mobil Gas $20.00 Gift Certificate $50.00 Gift Certificate $25.00 Gift Card Coffee Gift Basket Food Donation $15.00 Gift Card $40.00 Gift Card 100 donuts and muffins Use of tables, chairs, coffee pots Science Museum Passes /Restaurant Certificate $25.00 Gift Certificate $40.00 Gift Certificate Free Oil Changes $50.00 Gift Certificate Flower plants used for centerpieces T- shirts, waterbottles, free passes $100.00 Gift Card • • • • • • AGENDA ITEM 4E STAFF ORIGINATOR: David J. Pecchia Public Safety Director / Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of Resolution No. 08 -78, Approving the Joint Powers Agreement to provide law enforcement assistance in support of the 2008 Republican National Convention VOTE REQUIRED: Simple Majority BACKGROUND The City of St. Paul is the host city for the 2008 National Republican Convention (RNC) to be held between September 1, 2008 and September 4, 2008. The City of St. Paul has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul - Minneapolis metropolitan. The City of St. Paul is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and at the request of the City of St. Paul, the Lino Lakes Police Department is willing to provide the services of the its law enforcement personnel to assist the SPPD with the security associated with this event. The City of St. Paul will reimburse the City of Lino Lakes for the services rendered both during the event itself as well as the training prior to the event. The cities are permitted to enter into this agreement pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and /or Minnesota Statutes, Sections 626.76 and 626.77. RECOMMENDATION Adopt Resolution No. 08 -78 entering into the Joint Powers Agreement in support of the request for additional security services in connection with the 2008 RNC. ATTACHMENTS 1. Resolution No. 08 -78 2. Joint Powers Agreement to provide law enforcement assistance in support of the 2008 RNC JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement "), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this 28th day of July, 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD ") and CITY OF LINO LAKES, MINNESOTA, acting through its PUBLIC SAFETY DEPARTMENT (hereinafter referred to as the "Provider "). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC "); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non -profit corporation (hereinafter referred to as the "Host Committee "), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul - Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above - described locations shall be collectively referred to as the "Security Event "); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the City of Lino Lakes Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT "), comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of 1 -38- • • • • • providing public safety - related aid and assistance to law enforcement organizations throughout the greater Saint Paul - Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON - LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs ") to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non- LPOs ") (an example of a Non -LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non -LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non -LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, 2 Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre - employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre - employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul - Minneapolis law enforcement community, and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA "), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive /unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not 3 • • • • • • limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider, see Attachment E attached hereto for imiform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non -LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non -LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session ") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non -LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement "after action activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command "). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be Iimited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILI'1I1 S 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy "), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circnmctances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the 5 • • • • • requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non -LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one -half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non -LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non -LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre - approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non -LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non -LPO in the Security Event as required by the SPPD; or (b) such LPO or Non -LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non -LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator "). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety - related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party "),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. 4 TERM OF AGREEMENT 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training Sessionjsl — The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non -written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty -five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, 7 • • • • must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circnmstances, all provided under the following certification: "I cert5 that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. "; and C. Include an itemized invoice as specified on checklist; and D. Include all back -up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined under Minnesota Statutes, Sections 1337 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, 9 • • • regulations, and standards. • 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ( "MGDPA ")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances 10 of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. 11 INSURANCE The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "insurance Coverage ") providing coverage for claims arising out of actions of each LPO and Non -LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ( "Policy "), the terms and conditions of which are incorporated herein by reference. 11.1.2 The parties acknowledge and agree that the Tnsurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non -LPOs. The Provider will maintain workers' compensation insurance or self - insurance equivalent coverage, covering each of its own LPOs and Non -LPOs while such LPOs and Non - LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non - LPOs and any dependants of such LPOs and Non -LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 11 • • • • 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non -LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD' s rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common -law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 12 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; D. the Provider's receipt of the notice described in Section 3.2 of this 13 • • • • • Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non - binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 14 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City To Provider: 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision., shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT 15 • • • • • It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL STATE /CITY /COUNTY OF By: By: Its: Mayor Its: Date: Date: Approval Recommended: Approval Recommended: By: By: Its: Chief of Police Its: Saint Paul Police Department By: Its: Director, Office of Financial Services By: Its: Director, Department of Human Rights By: Its: Approved as to form and legality: Approved as to form and legality: By By: Its: Assistant City Attorney Its: Funding- Provider's Taxpayer I.D. No Activity # and Activity Manager Signature *************************************:******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 16 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -78 Approving the Joint Powers Agreement to assist the St. Paul Police Department with security for the Republican National Convention WHEREAS, the City of St. Paul is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC "); and WHEREAS, the City of St. Paul is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the City of Lino Lakes provides law enforcement services to the City of Lino Lakes pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City of St. Paul, the City of Lino Lakes is willing to provide the services of the law enforcement personnel to the City of St. Paul to assist the SPPD with the Republican National Convention; and III NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby approve the Joint Powers Agreement implemented to assist the St. Paul Police Department to provide security for the 2008 Republican National Convention. • John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 4F STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police MEETING DATE: July 28, 2008 TOPIC: Consideration of Resolution No. 08 -79, Accepting grant funds from the Minnesota Department of Homeland Security and Emergency Management. VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution No. 08- 79, accepting the grant of $1,480.58 from the Minnesota Department'of Homeland Security and Emergency Management. These funds will be utilized to continue to strengthen our partnership with the community by supporting the expansion of the Community Emergency Response Team (CERT). RECOMMENDATION Adopt Resolution No. 08 -79, accepting the grant ATTACHMENTS Resolution No. 08 -79 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -79 RESOLUTION ACCEPTING $1,480.58 GRANT FROM MINNESOTA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR CONTINUED SUPPORT OF THE COMMUNITY EMERGENCY RESPONSE TEAM WHEREAS, The Lino Lakes Police Department has implemented a community partnership in the form of a Community Emergency Response Team; and WHEREAS, The Minnesota Department of Homeland Security and Emergency Management has awarded the City of Lino Lakes a grant for $1,480.58 in support of advancing this partnership effort; NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the grant of $1,480.58. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A. Paul Bengtson July 28, 2008 Resolution 08 -80 Variance to the Shoreland Ordinance Ordinary High Water Setback 7625 Peltier Lake Drive To allow replacement of a private sewage treatment system Mark Fairbanks has requested approval of a Variance from the Ordinary High Water Level (150 feet) to allow a sewage treatment system that would be 50 feet from the Ordinary High Water Level of Peltier Lake. The proposed sewage treatment system would meet all other setback requirements on the lot. The property is located on the eastern shore of Peltier Lake at the intersection of Peltier Lake Drive and 77th Street. The existing sewage treatment system hag failed and must be replaced. The applicant has submitted information showing that the best location for a new drain field is directly above the existing drain field on the site. This will be accomplished by installing a box mound system. This is due to soil conditions, the location of the home's well, and the rather small size of the lot. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Unsewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Unsewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Setbacks: The Zoning Ordinance has no specific setback requirements for onsite sewage treatment systems. The ordinance does require almost all improvements to be setback a minimum of five feet from property lines. The Shoreland Ordinance requires the 150 foot setback from the Ordinary High Water Level of Peltier Lake. To come close to meeting this requirement the property owner would need to put the sewage treatment system in the front yard of the property, however the property's well is already located in the front yard. Sewage Treatment systems are required by state law to be setback 10 feet (tanks) and 20 feet (drain fields) from dwellings, 10 feet from property lines and 50 feet from wells. These requirements further reduce the area a system can be placed on the site. Findings: State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. • • • • • • d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size, thus guaranteeing ample room for the placement of onsite sewage treatment systems. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. PLANNING AND ZONING BOARD On July 9, 2008 the Planning and Zoning Board had much discussion about this request, ultimately recommending approval with the request that staff obtain a revised site plan. On July 23, 2008 the applicant submitted a revised site plan that better indicates the area earmarked for the placement of the proposed septic system. Previously, there were some questions about the possibility of placing the system in the front yard. The revised plan clearly depicts the size of the mound needed for the proposed system. RECOMMENDATION The Planning and Zoning Board and staff are recommending approval of Resolution Number 08- 80, approving a shoreland ordinance variance, which includes the following condition of approval: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. Attachments: 1. Resolution No. 08 -80 2. Site Plan submitted July 23, 2008 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-80 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS, the City has received an application to replace a septic treatment system at 7625 Peltier Lake Drive; and WHEREAS, this proposal requires approval of a variance to the Ordinary High Water Level setback of 150 feet; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2008; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made the following findings of fact regarding this property: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. • • • • • • The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size, thus guaranteeing ample room for the placement of onsite sewage treatment systems. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Shoreland Ordinance's Ordinary High Water Level Setback for the replacement of a private septic system at 7625 Peltier Lake Drive to which the following conditions of approval apply: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. Passed by the Lino Lakes City Council this 28th day of July 2008. John J. Bergeson, Mayor AT I'EST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • FOUND 1/2" IRON PIPE 0.35' N. OF UNE Rg 898.0 $ N89°25'50 "W 219.69 r PROPOSED RET. WALL 1897.4 5 < w l m l F,I 1g\ w etA 3 L c. ..898.8 i i i ut 946-0 • EX S11NG RET. WALL 1 77TH STREET M ao eh C4 - - - -- r� 94.9 ST 2 8929 CO 0 6' WOOD FENCE ‘‘._ FOUND 3/8" REBAR \ 0.4' N. OF LINE `1 S88 °51'00 "E 176.63 DESCRIPTION (Per Certificate of Title No. 109293) That part of Government Lot 1, Section 11, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North 00 degrees 35 minutes 53 seconds East, along the east line of said Government Lot 1, a distance of 659.72 feet; thence North 89 degrees 25 minutes 50 seconds West a distance of 59.68 feet to the northeasterly extension of the centerline of Peltier Drive (now known as Peltier Lake Drive) as shown on the plat of REHBEIN'S PELTIER VIEW and the point of beginner of the land to be described; thence continue North 89 degrees 25 minutes 50 seconds West a distance of 219.69 feet; thence South 18 degrees 27 minutes 00 seconds East a distance of 103.95 feet thence South 88 degrees 51 minutes 00 seconds East a distance of 176.63 feet to said centerline of Peltier Lake Drive; thence North 05 degrees 49 minutes 00 seconds East, along said centerline, a distance of 100.48 feet to the point of beginning. (Said tract is also known as part of Lot 6, Auditor's Subdivision No. 55 Revised. ") O 33 33 7-1 1 1-! 1-- F-i 1 \ L. 1 1 LEGEND • 0 ST 898.0 - 8 0 r.. r 1 a 1 J e, L/ L— 1 I V \/ r - r— 1 4 - 1 - 4 — r - ; - 4 4 1 L_ L- 1 1 L— 1 to _o CD z co of J L,L °=n Z ° en tai Q / , 1 r— 1 1 I 11 1 1-- t1%! '1 t L. 11 t 1 SE. COR, I f GOVT LOT 1 m 0 FOUND MONUMENT SET IRON PIPE MONUMENT SET PK NAIL MONUMENT ANOKA COUNTY MONUMENT SOIL TEST AREA FOUND LATH, SEPTIC AREA SETBACK LINE WOOD FENCE BUILDING LINE BITUMINOUS SURFACE 30 60 Scale in Feet SURVEY NOTES 1. The bearing system is based on an assumed bearing of North DO degrees 35 minutes 53 seconds East for the East line of Government Lot 1, Section. 11, Township 31, Range 22. 2. The benchmark used to establish Ordinary High Water (DNR LAKE FINDER) Elevation= 887.75 NGVD 1929 Description: Brass disc embedded in the top of side (about 2.5' south of the right edge of left abutment @ stop logs) of new outlet dam. 3. Field work was completed on D6/10/08. PROPERTY SUMMARY 1. Subject properties address is 7625 PELTIER LAKE DRIVE, LINO LAKES, MN, its property identification number is 11- 31 -22 -34 -0003. 2. The gross area of the subject property is 0.45 Acres or 19,640 Square Feet 3. The building(s) and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. HULT ASSOCIATES, INC. a dNpion of Y.Cembs Frank Roos Mandate., ha PO Box 37 Forest Lake, MN 55025 ph: (651) 464.3130 fax: (851) 4644822 email: hutt@rnfra.com Surveyors + Engineew t Wetland Specialists Client MARK FAIRBANKS Project PART OF GOV'T LOT 1 Location 11 -3122 ANOKA COUNTY Certification keenly MONISM this asrvay, plan rampart wan Mama 6y me or tinder my d o t m1Oa,, slnn andmat l am a lam LAND SURVEYOR under the la arUe Kelly L Jar Registration No. 42648 Data 06/10/08 TM Wasik. rol alb was ort*aaeln he Ink rmdme, 1wmelm to owl mien copy omb awaywlioN weeakeolavea m the 8.0 Ancel lR, Foal tae.Amdaom. Summary Approved: KLJ Drawn: MON Revision History No. Date By Submittal / Revision REV. 1 07/2208 KU Sheet Title CERTIFICATE OF SURVEY Sheet Number Revision 001 Project No. 08072 • • • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: July 28, 2008 TOPIC: First Reading Ordinance Number 11 -08 Zoning Ordinance Amendment Sections 1, 3, 5, 7, 8, and 9 BACKGROUND The City Council enacted new Animal Control regulations within the city code with the adoption of Ordinance Number 03 -08 on May 27, 2008. Several sections of the zoning ordinance deal with animal control regulations, therefore it is necessary to amend the zoning ordinance to accommodate the newly adopted City Code Chapter 503, which will become effective July 10, 2008. Staff has also identified some additional unrelated issues within the affected sections that needed to be addressed. These include amendments to align the city with state statutes in regards to non - conforming uses and structures, and amendments to address the city policy to allow accessory structures to be placed in easements under certain conditions. Additionally, within the sections that amendments were already contemplated, staff has identified a number of non - substantive grammatical errors for correction. ANALYSIS The proposed amendments are broken down section by section, indicating the reason for the change. The full language is also attached to this report. Section 1 Subdivision 2 `Rules and Definitions' Subdivision 2.B `Definitions' Definitions proposed to be added: • Greenhouse/Nursery, Commercial — previously undefined use, language taken from APA Planning Advisory Service Report • Veterinary Hospital — previously undefined use, language taken from City Code Chapter 503 Definitions proposed to be removed: • Agricultural Farm Building — moved to Farm Building • Farm Dwelling — encompassed in the dwelling definition • Farm Limited — encompassed in the amended farm definition Definitions proposed to be amended: • Agriculture — clarified by adding language • Animal Unit — changed to match state statute • Animals, Domestic — changed to new City Code definition • Animals, Farm — changed to new City Code definition • Farm — shortened definition to encompass all farms • Farm Building — moved Agricultural Farm Building here • Kennel, Commercial - changed to new City Code definition • Kennel, Private - changed to new City Code definition • Lot Area — non - substantive grammatical correction Section 3.Subdivision 2 `Non - Conforming Uses and Structures' Subdivision 2.B `Provisions' Amendment proposed to adopt the state statute language which was enacted since the last zoning ordinance update was completed in 2003. Section 3 Subdivision 4 `General Building and Use Provisions' Subdivision 4.D.1 `General Provisions' Amendment to reflect the current city policy that easily moveable accessory structures are eligible for encroachment agreements. Subdivision 4.D.8 `Domestic Animal Shelters' Amendment to provide standards for domestic animal shelters and allow them to be exempt from the accessory structure size and number limits Subdivision 4.P `Exterior Storage' Amendment to correct references to other sections of the ordinance Subdivision 4.R `Fences and Walls' • • • Amendment to account for block and retaining walls as well as fences. Majority of such changes involved simply adding the phrase `or wall' to the ordinance Additional amendment to correct references to other sections of the ordinance, non - substantive grammatical changes, and to change `non- domestic animal' to the city code terminology of `farm animal' Section 3 Subdivision 5 `Off- Street Parking' Subdivision 5.0 `General Provisions' Amendment to correct references to other sections of the ordinance. Subdivision 5.F.12 `Number of Spaces Required' Amendment to change the language from `Animal Hospitals and Clinics' to `Veterinary Hospitals' to match the proposed definition. Section 5 Subdivision 1 `Rural District' 411 Subdivision 1.E.6 `Permitted Uses — Keeping of Farm Animals' The term `keeping of farm animals' is substituted for `limited livestock' to correlate with Chapter 503. Subdivision 1.G.4 `Conditional Uses — Commercial Stables or Kennels' Veterinary Hospital was removed and added as its own use within the conditional use section. Language was changed to match with terms as defined in the ordinance. Conditions of the use were amended to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. Subdivision 1.G.5 `Conditional Uses — Veterinary Hospitals' Conditions similar to those listed in the industrial section of the ordinance were added. More restrictive controls were also added to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. Section 5 Subdivision 2 `Rural Executive District' • Subdivision 2.E.6 `Permitted Uses — Keeping of Farm Animals' The term `keeping of farm animals' is substituted for `limited livestock' to correlate with Chapter 503. Subdivision 2.G.3 `Conditional Uses — Commercial Stables or Kennels' Veterinary Hospital was removed and added as its own use within the conditional use section. Language was changed to match with terms as defined in the ordinance Conditions of the use were amended to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. Subdivision 2.G.4 `Conditional Uses — Veterinary Hospitals' Conditions similar to those listed in the industrial section of the ordinance were added. More restrictive controls were also added to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. Section 7 Subdivision 3 `General Business District' Subdivision F.3 `Permitted Uses — Commercial Greenhouses/Nurseries' Amended to match the proposed `Commercial Greenhouse/Nursery' definition. Subdivision H.14 `Conditional Uses— Veterinary Hospitals' Conditions similar to those listed in the industrial section of the ordinance were added. More restrictive controls were also added to prohibit exterior exercise areas. Section 8 Subdivision 1 `Light Industrial District' Subdivision 1.I.6 `Conditional Uses — Veterinary Hospitals' More restrictive controls were added to minimize exterior exercise areas and to limit the number of dogs boarded to 40. Section 9 Subdivision 1 `Public Semi -Public District' Subdivision 1.J `Interim Uses — Farms, Dwellings, or Agriculture' Amendment to match the uses to those defined by the zoning ordinance. Section 9 Subdivision 2 `Rural Business Reserve District' Subdivision 2.G.10 `Permitted Uses — Keeping of Farm Animals' • • • • Stock raising, dairying and stables were eliminated by the new city code, so the term `keeping of farm animals' is substituted. Subdivision 214 `Conditional Uses — Commercial Stables or Kennels' Veterinary Hospital was removed and added as its own use within the conditional use section. Language was changed to match with terms as defined in the ordinance. Conditions of the use were amended to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. Subdivision 2.I.5 `Conditional Uses — Veterinary Hospitals' Conditions similar to those listed in the industrial section of the ordinance were added. More restrictive controls were also added to prohibit the use on non - conforming lots and to include setback language that was in the old city code but belonged in the zoning ordinance instead. RECOMMENDATIONS • The Planning and Zoning Board held a Public Hearing on July 9, 2008 and ultimately recommended approval of the ordinance amendment. • Staff is recommending adoption of the Ordinance Number 11 -08, amending the zoning ordinance as outlined within the attached ordinance document. ATTACHMENTS 1. Ordinance Number 11 -08 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11 -08 APPROVING AMENDMENTS TO THE ZONING ORDINANCE TO ACCOMMODATE ANIMAL CONTROL REGULATIONS, NON - CONFORMING USES, ACCESSORY STRUCTURES LOCATED WITHIN EASEMENTS, AND TYPOGRAPHICAL CORRECTIONS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. On May 7, 2008 the City Council adopted new animal control regulations as part of City Code Chapter 503, which thereby necessitates an update to the Zoning Ordinance sections that pertain to Animal Control and Keeping. 3. The State has adopted new regulations in regards to non - conforming structures and uses which thereby necessitate an update to the Zoning Ordinance section pertaining to the same. 4. The zoning amendments included in this Ordinance No. 11 -08 have been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 5. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 6. All development must conform to performance standards contained in the Zoning Ordinance and other requirements. 7. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 8. Traffic generation by the proposed uses will be required to be within capabilities of streets. • • • • • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. SECTION 1. TITLE / APPLICATION / RULES Subd. 2. Rules and Definitions. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Ordinance, on an active farm operation of Fnore than twenty (20) acres. A Agriculture. The use of land for the production, keeping or maintenance, for sale, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agricultural land uses do not include slaughter houses or the processing of crops, produce, animals for public purchase or consumption as to constitute a commercial or industrial land use. Animal Unit. A unit of meacurc used to compare di#eFences in the production following equivalents apply. To determine the animal unit measure for any animal not specific below, divide the average adult weight by one thousand (1,000). Animal Unit (1) Slaughter Steer or Heifer (1) Cow and Calf Pair Mature Dairy Cow {1) Under 1,000 Ibs Swine {1) Over 300 lb, (1) Between 55 300 Ibs (1) Under 55 Ib, (1) Sheep (1) Duck g4 Turkey (1) Over 5 Ibs (1) Under 5 Ibs .018 .005 Chickens (Dry Manure) {1) Over 5 Ib. {1) Under 5 Ibs .005 :04a {1) Chicken (Liquid Manure) {1) Horse 4-8 Animal Unit. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. Dairy Cattle Mature Cow (1,000 pounds or over) 1.4 Mature Cow (Under 1,000 pounds) 1.0 Heifer 7 Calf .2 Beef Cattle Slaughter Steer or Stock Cow Feeder Cattle or Heifer 1.0 7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 • • • • • Sheep or Lamb .1 Chicken (Liquid Manure System) .0333 Chicken (Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 Animals, Domestic. For purposes of this Ordinancc, domcctic animals shall be which can be contained within a principal structurc throughout the entirc year, Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non- venomous and non - constricting reptiles or amphibians, and other similar animals. Animals, Farm. State of Minnesota. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a farm. ranch, or stable. Farm. Real property used for commercial agriculture or horticulture. - comprising at Ioact twenty (20) contiguous acres and which may contain other contiguous or Farm Building. See Agricultural Farm Building. An accessory building designed, constructed, used or intended to house farm implements or agriculture areas, as defined by this Chapter, on an active farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency Permit may be required. Farm, Limited. A limited farm is a food producing use primarily intended for the fruits, vegetables, flowers, plants, shrubs and trees. Animals and domestic pets Greenhouse /Nursery, Commercial. An enterprise that conducts the retail and /or wholesale of plants grown on the premises. as well as accessory items (but not power equipment, such as gas or electric lawn mowers and fame implements) directly related to their care and maintenance. (A greenhouse /nursery that does not conduct retail or wholesale is considered horticulture.) Kennel, Commercial. Any structure or premises on which three (3) or more dogs or cats, of one species, over six (6) months of age are kept, owned, Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit - making purpose, and not solely for private enjoyment. Kennel, Private. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. Lot Area. The total area within the lot lines of a lot measured in a horizontal plane. Veterinary Hospital. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. SECTION 3. GENERAL PROVISIONS Subd. 2. Non - Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non- conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the • • • • • establishment of these districts that non - conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non - conforming uses shall be eventually brought into conformity. B. Provisions. (7) and (9) below. 3. When any lawful non conforming use of any structure or land in any '1. Whenever a non conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be 5. Whenever a lawful, non conforming use of a building or structure or land i� discontinued for a period of one (1) year, any future uce of said building or ctructurc or and shall be in conformity with thc provisions of this O 1naRse 3. Any non conforming use of open land, that is use of land without buildings, lawfully existing upon the effective date of this Ordinance may be continued for a period of three (3) years after thc effective date of this to a non conforming use is permitted, including ncceccary repairs and use. 8. A lawful non conforming use may be changed only to a use that 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. 3. Notwithstanding paragraph (1), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 1. General Provisions. a. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory. • • • • b. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. c. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R -X, and R -BR Zoning Districts, provided the accessory building is set back at least one hundred (100) feet from the street right -of- way. d. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property, e. A garage in residential districts shall not be utilized for business service or industry. Such garage shall not be used for the storage of more than one (1) commercial vehicle having a gross weight rating exceeding eleven thousand seventy -five (11,075) pounds. f. Accessory structures may be constructed within public and private utility and drainage easements provided that: 1) No accessory structure shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 2) No footings or foundation shall be placed within the easement. 3) The entire structure, including any base material, must be designed to be easily moved if deemed necessary by the city. 4) Removal of an accessory structure or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 8. Domestic Animal Shelters. Structures dedicated to the housing of domestic animals are considered accessory structures for the purpose of applying this Chapter and shall comply with the following standards: a. The keeping of animals is allowed in accordance with the provisions of Chapter 503. b. If all Animal Shelters on a property do not exceed a total of 64 square feet in area, then they shall not be counted towards the maximum number and size of accessory buildings. c. Animal shelters are limited to a maximum of 60 inches in overall height. If a shelter exceeds 60 inches in height, it is not allowed the exception to accessory building number and size in paragraph b. 49. Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. 410. Commercial and Industrial Zoning Districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the commercial and industrial zoning districts: SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. P. Exterior Storage. 1. Rural and Residential Zoning Districts. a. Exceptions. All personal property in a rural district and /or on properties ten (10) acres in stored within a building or fully screened so as adjoining properties and public streets, except 1) Laundry drying. 2) Non- vehicular recreational equipment. 3) Home heating fuel tanks. 4) Stacked firewood. or residential zoning size or less shall be not to be visible from for the following: • • • • • • 5) Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. 6) Agricultural equipment and materials, if these are used or intended for use on the premises. 7) Off - street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with Section 3, Subd. 5.C.8.11 of this Ordinance. 8) Licensed motor vehicles per Sec. 3 Subd. 5.K. b. Recreational and Utility Vehicle and Trailer Storage. Recreational vehicles, as defined by Section 41, Subd. 2 of this Ordinance may be parked or stored on a residential site provided that: 1) The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: a) The vehicles have affixed thereto current registration or license plates as required by law. b) The vehicles are stored no closer than five (5) feet from side and rear lot lines. c) The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section Subd. 5.C.8.j. of this Ordinance. 2) All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb /pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet 3) No vehicle shall be parked in a manner that blocks a city or county park or trail. 4) The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. R. Fences and Walls. Fences and walls shall be permitted in all required yards subject to the following: 1. Permit Required. It is unlawful for any person hereafter to construct or cause to be constructed or erected within the platted areas of the City, any fence or wall without first making an application for and securing a fence permit. 2. Certificate of Survey. An application for a fence or wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions, the location of existing buildings, structures, and easements on the lot, and the location of the proposed fence. At the discretion of the City, a final plat detail of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. 3. Location. All fences or walls shall be located entirely within the private property of the person, firm, or corporation constructing or causing the construction of such fence. a. No fence or wall shall be permitted on public rights -of -way. b. Traffic visibility requirements set forth in Section 3, Subd. 3.D.3.bE.1.c. of this Ordinance shall be satisfactorily met. c. No fence or wall shall obstruct natural drainage. d. Fences or walls may be constructed within public and private utility and drainage easements provided that: 1) No fence or wall shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 2) Removal of a fence or wall or a portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. 4. Construction and Maintenance. a. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable • • • • • • for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in conjunction the construction of fences or walls. b. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence or wall which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the City shall commence proper proceedings for the abatement thereof. c. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or wall considered to be the face shall be oriented toward abutting property. d. Fences which are ninety (90) percent open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of containing farm animals within a rural zoning district are not subject to the provisions of this Ordinance and do not require a building permit. Chain link fences shall have round steel parts and braces. e. Solid walls and retaining walls (such as masonry construction) in excess of forty -two (42) inches in height shall be prohibited. When utilized, tiered retaining walls shall be separated by a horizontal landing not less than three (3) feet in width. 5. Access. All fences or walls shall be provided with a gate which affords reasonable and convenient access for public safety. 6. Residential District Fences or Walls. All residential district fences or walls shall be placed within the property being fenced. a. Fences or walls may be located in any yard up to a height of four (4) feet. b. Except as prohibited by Subd. T-4.R.6.c below, a fence or wall up to six (6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines, and then along the side lot lines and the rear lot line (see Diagram 6.b). c. Should the rear lot line of a lot be common with the side lot fine of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this Ordinance rather than as related to the orientation of the house (see Diagram 6.c). d. Residential Fences or Walls Height Exceptions. 1) Fences for sport courts may be up to twelve (12) feet in height with ten (10) foot setback. 2) Residential boundary line fences or walls may be erected to a height of eight (8) feet along a property line abutting a commercial, industrial, or semi - public use or zoning district. e. Wire fence other than chain Zink shall not be permitted as boundary fine fences within five (5) feet of the property line in residential zoning districts. f. Electrical and barb wire fences are prohibited in residential zoning districts. 7. Commercial and industrial District Fences or Walls. (See Diagram 7 abc) a. A fence or wall not exceeding four (4) feet in height may be erected in any yard. b. A fence or wall not exceeding eight (8) feet in height may be erected parallel to the front lot fine from a front corner of a principal building to a side lot line that is not adjacent to a street. c. A fence or wall not exceeding ten (10) feet in height may be erected on a rear lot line or on a side lot fine that is not adjacent to a street from a point where the front facade of a principal building would intersect with a side lot line extending to the rear property line. d. Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. e. Within commercial and industrial and public /semi - public zoning districts, barbed wire may be attached to the tops of fences or walls with the following conditions: • • • • • 1) Fences or walls must be a minimum of eight (8) feet in height exclusive of the security arm. 2) The security arm must be angled in such a manner that it extends only over the property of the permit holder. 3) Wire security fencing shall not be permitted within the required front yard or along a property line abutting a residential use. 8. Public and Semi - Public District Fences or Walls. Fences or walls in the public and semi - public districts may be erected in any yard to a height of eight (8) feet. Barbed wire fences used for security purposes may be permitted in the public and semi - public zoning district per Section 3, Subd. 4.; R.7.e of this Ordinance. SECTION 3. GENERAL PROVISIONS Subd. 5. Off- Street Parking. C. General Provisions. 6. Use of Parking Facilities in a Residential District. Except as allowed under Section 3, Subd. 5.hK, off - street parking facilities accessory to a residential use shall be utilized solely for the parking of passenger automobiles, recreational vehicles, and /or one truck not to exceed &even thousand seventy -five (11,075) pounds gross weight rating for each dwelling. SECTION 3. GENERAL PROVISIONS Subd. 5. Off - Street Parking. F. Number of Spaces Required. The following minimum number of off - street parking spaces shall be provided and maintained by ownership, easement and /or lease for and during the life of the respective uses hereinafter set forth: 12. Office Buildings, ^ Veterinary Hospitals and Clinic:, Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. SECTION 5. RURAL DISTRICTS Subd. 1. R, Rural District. E. Permitted Uses. In the R District, no building or land shall be used and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 6. accordance with Section 503 of the City Code. Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. SECTION 5. RURAL DISTRICTS Subd. 1. R, Rural District. G. Conditional Uses. The following are conditional uses in the R District. These uses require a conditional use permit based on the standards and procedure outlined in Section 2, Subd. 2 of this Ordinance. 4. Commercial Stables, Commercial Kennels, and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Code are determined to be satisfied. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. 5. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. b. All areas in which animals are confined are located indoors and are properly soundproofed from adiacent properties. • • • • • c. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or iniured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non- porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. e. The applicable provisions of Chapter 503 are determined to be satisfied. f. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 5.6. Day care facilities (exceeding fourteen (14) persons) provided that: g7. Planned unit development rural cluster subdivision as per Section 2, Subd. 10 of this Ordinance. 78. Public and private airports provided that: g9. Public, Educational and Religious Buildings. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: 9-10. Wild game farms and gun clubs provided that: SECTION 5. RURAL DISTRICTS Subd. 2. R -X, Rural Executive District. E. Permitted Uses. In the R -X District, no building or and shall be used and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 6. Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. SECTION 5. RURAL DISTRICTS Subd. 2. R -X, Rural Executive District. G. Conditional Uses. The following are conditional uses in the R -X District. These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 3. Commercial riding stables, home boarding stables, home arenas, dog kennels, animal hospitals with overnight care Commercial Stables, Commercial Kennels, and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Code relating to the keeping of animals are determined to be satisfied. b. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any • • • property line, or located in the middle of the parcel, which ever is greater. 4. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. b. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. c. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or iniured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non - porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. • e. The applicable provisions of Chapter 503 are determined to be satisfied. f. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 45. Day care facilities (exceeding fourteen (14) persons) provided that: &6. Planned unit development rural cluster subdivision as per Section 2, Subd. 10 of this Ordinance. g7. Public, Educational and Religious Buildings. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: SECTION 7. BUSINESS DISTRICTS Subd. 3. GB, General Business District. F. Permitted Uses. In the GB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 3. Commercial greenhouses and taR4ssaps nurseries. SECTION 7. BUSINESS DISTRICTS Subd. 3. GB, General Business District. H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 14. Veterinary clini s (with kennels) Hospitals provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. • • b. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. c. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed twenty (20). 2) An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non - porous materials or sealed concrete to make it non- porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. d. The appropriate license is obtained from the City Clerk and the conditions of Section 500 of the City Code Chapter 503 relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. -84- Ordinance No. 11 -08, page 2 SECTION 8. INDUSTRIAL DISTRICTS Subd. 1. LI, Light Industrial District. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LI District: These uses require a conditional use permit based on criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 6. Veterinary clinics (with kennels) Hospitals provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. b. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. c. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: 1) The number of animals boarded shall be determined bye City not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be limited to a maximum of twenty -five (25) percent of the gross floor area of the principal use. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non - porous materials or sealed concrete to make it non- porous. Ordinance No. 11 -08, page 3 _85_ • • • 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. d. The appropriate license is obtained from the City Clerk and the conditions of Section 200 of the City Codc Chapter 503 relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. SECTION 9. SPECIAL DISTRICTS Subd. 1. PSP, Public and Semi - Public District. J. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the PSP District, and are governed by Section 2, Subd. 3. of this Ordinance: 1. Farms, farmctoads ^^d' farming Farm Dwellings, Horticulture and Agriculture. Subd. 2. R -BR, Rural- Business Reserve District. G. Permitted Uses. In the R -BR District, no building or and shall be used or divided, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 10. Stock raising, dairying, and stables in accordance with Section 503 of the City Codc. Keeping of farm animals in compliance with Chapter 503. SECTION 9. SPECIAL DISTRICTS Subd. 2. R -BR, Rural - Business Reserve District. 1. Conditional Uses. The following are conditional uses in the R -BR District: —86— Ordinance No. 11 -08, page 4 4. Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care Commercial Stables, Commercial Kennels, and similar uses provided that: a. The applicable provisions of Section Chapter 503 of the City Code relating to the kccping of animals are determined to be satisfied. b. Property shall be in conformance with minimum lot size requirements of this zoning district. c. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. 5. Veterinary Hospitals provided that: a. Property shall be in conformance with minimum lot size requirements of this zoning district. b. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. c. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. d. An animal kennel is permitted as an accessory use to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per Ordinance No. 11 -08, page 5 _g7_ • • • 1110 hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. • • 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) Indoor animal kennel floors and walls shall be made of non - porous materials or sealed concrete to make it non - porous. 6) Animal wastes shall be flushed down an existinq sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 7) A commercial kennel license is obtained from the City. e. The applicable provisions of Chapter 503 are determined to be satisfied. f All State Health Department and Minnesota Pollution Control Aqency requirements for such facilities are met. 56. Day care facilities (exceeding fourteen (14) persons) provided that: 67. Public, Educational and Religious Buildings. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosques and synagogues provided that: Ordinance No. 11 -08, page 6 Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 11th day of August, 2008. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 11th day of August, 2008. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Ordinance No. 11 -08, page 7 —89— • • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : July 7, 2008 . 5:35 p.m. . 9:25 p.m.. : Council Members O'Donnell, Reinert, Stoltz and Mayor Bergeson : Council Member Gallup 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; 16 1. Centennial Utilities Gas Franchise Fees - V. Reinert - Mr. Vernon Reinert was 17 not able to attend the work session and will be invited to future meeting. Therefore this 18 item was not discussed. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Charter Amendment Public Information - Economic Development Coordinator Divine requested direction in the area of a communication plan (city - sponsored public information effort) regarding the charter amendment ballot issue (the council has an established goal to update the City Charter to reflect and facilitate current and future needs of the city). She reviewed past efforts in this area that included use of the city newsletter, fact sheet mailings, the city Website, press releases, open houses and cable television. Given the complexity of the current question, staff is recommending that the city employ the services of a public relations consultant as well as receive consulting assistance in the financing and legal areas. The Citizens' Task Force should also be involved and contributors to the city's communication plan. Based on the required schedule for consideration of a charter amendment, a communication plan should be prepared in September for delivery in early to mid- October. Ms. Divine requested council direction in whether or not communication consulting should be engaged to develop and implement a communication plan. If directed by the council to move forward in that direction, Ms. Divine will report back with a proposal at the council's August work session. It was clarified that if a ballot question is put forward, the actual wording would be drafted by legal counsel for consideration by the council. The council discussed the possibility of having two differing ballot questions (one from the council and one from the charter commission) and how a communication plan would fit into such a scenario. An update on the charter commission's current position was requested with an opportunity given to the commission to present that in person at a meeting in August or, if they'd prefer, submittal of a written response. Administrator Heitke noted that the information provided to the public ahead of time will be key since the ballot language will be limited. CITY COUNCIL WORK SESSION -2- July 7, 2008 DRAFT 47 The council concurred that professional assistance may be required. There was concern 48 noted about putting only the facts on the table and working with the charter commission 49 because this is a complicated issue that could spin out of control; they don't want the real 50 message to get lost. The council would like to remain informed about the rules of 51 balloting and passage of amendments as those rules will relate to an amendment proposal 52 for the city. 53 54 3. Centennial Fire District funding formula — Administrator Heitke noted that the 55 council agreed to review the funding formula for the fire district and he is providing 56 additional information to allow for that review. The staff letter includes the joint powers 57 agreement that establishes the funding formula, the city's contribution for the past eleven 58 years, the 2008 funding formula, the cost per citizen since 1990 and a cost analysis relating 59 to valuation since 1990. The joint powers agreement provides that when any one member 60 (city) reaches a contribution percentage over 70 %, they may request a reevaluation of the 61 formula; the City of Lino Lakes is currently contributing 69 %. Administrator Heitke 62 reviewed the cost analyses information provided as well as data on runs as well as 63 constants and variables. 64 65 It was suggested that the question to the council is whether or not they want to look at this 66 before the ratio reaches the 70% threshold. There was concurrence that a review will be 67 automatic at 70% but, in the meantime, it is due diligence to review the numbers 68 occasionally and it was a good exercise at this point to ensure that the city has a fair deal. 69 70 4. Work Session Budget Guidance — Finance Director Rolek noted that staff is still 71 in the process of formulating and submitting to the Finance Department their budget 72 requests. The actual levy limit is not known at this point and is not required to be provided 73 until September 1. The council has scheduled a budget work session for August 18. Staff 74 has received direction from the council regarding maintenance of the tax rate and is open 75 to any further recommendations or directions from the council at this point. At the budget 76 work session, Director Rolek anticipates having some preliminary information and it is 77 important that the council receive a view of what next year's budget looks like at this 78 point. 79 80 5. Town Center Update - Economic Development Coordinator Divine updated the 81 council on the development end of the Town Center project and Finance Director Rolek 82 provided an update on the financial side of the project. 83 84 Ms. Divine reported that Marshall Investments has foreclosed on the remaining property 85 owned by Hartford Group in the Legacy at Woods Edge project. Marshall represents the 86 28 servicing banks involved and has hired a marketing agent, JBL Companies, with whom 87 staff has met and is currently working. The marketing plan currently involves putting 88 together a consortium of specialized developers for housing, senior housing, commercial 89 and office space on the site. 90 91 The council reaffirmed their commitment to maintaining the original nature of this planned 92 development and to not succumb to selling out to development that doesn't fit those plans. • • • • • • CITY COUNCIL WORK SESSION -3- July 7, 2008 DRAFT 93 94 Finance Director Rolek reported that what the city has with this development is a debt 95 obligation on the public improvements within the development area. The debt service is 96 about $530,000 per year — principal paid in February and interest paid in August. Some of 97 that has been paid in 2008 because there were funds associated with the hotel and housing 98 that was prepaid. The upcoming August payment is somewhat covered but the real 99 shortage will occur in February 2009 if there is no additional funds received. While 100 Marshall has indicated that they intend to make the assessment payment that hag not 101 occurred (agreement is required among the 28 banks involved). Mr. Rolek, regarding the 102 debt obligation, recalled that he has previously presented to the council two options to pay 103 any debt service shortfalls — an interfund loan or a general tax levy. A third option was 104 brought to light by the city's financial consultant. As allowed under state law, some or all 105 of the outstanding bonds could be refunded and restructured to accommodate the current 106 and prospective cash flow, with additional expense however. He has also spoken with the 107 county officer who deals with property foreclosure and tax forfeiture and learned that 108 forfeiture for the properties would not take place until May of 2010 if not paid by that 109 time. He recommends that staff and the council examine all the alternatives in order to 110 make an informed decision. 111 112 Council Agenda Item #1B, Reject waiver of monetary limits on tort liability - Finance 113 Director Rolek noted that the council had some question about this matter and it was pulled 114 from the last council agenda. The memo included in the packet is very explanatory. 115 Basically, the city has certain tort limits under state law and our insurance covers us to 116 those limits The city has the opportunity to work within the limits or waive them to some 117 extent but by waiving those limits the city is open to higher insurance costs. The city has 118 traditionally rejected the waiver of monetary limits. 119 120 6. Proposals for Legal Services - Administrator Heitke explained that the idea of 121 soliciting proposals for civil and criminal legal services is something that the council 122 directed last year. During the interim, staff held off on the process due to some ongoing 123 legal situations as well as to give the current servicer the opportunity to go through some 124 changes and decide how their services would evolve. The RFPs have been sent out, using 125 the League of Minnesota Cities vendor list as a guide, to the firms that are interested and 126 working in the area. Eight proposals were received and key points have been summarized 127 and provided to the council. A department directors review of the key issues that affect 128 legal services as well as consideration of the depth of the services offered, culminated in 129 the recommendation of two firms — Campbell Knutson P.A. and Kennedy & Graven 130 Chartered. Only the proposals for civil legal services are being presented at this time; the 131 criminal service proposals will be presented at the next work session (Police Chief Pecchia 132 was out of the office for the review). Staff seeks direction on moving forward in a process 133 to select city attorney services. 134 135 The council requested that the top three firms and the Hawkins firm be invited to attend the 136 next council work session for a brief presentation of their services and to allow for a 137 question and answer period. 138 CITY COUNCIL WORK SESSION -4- July 7, 2008 DRAFT 139 7. Xcel Utility Franchise Agreement — Administrator Heitke recalled that the 140 council reviewed a draft franchise agreement with Xcel Energy at the last work session. In 141 response to concerns about limiting language in the proposed ordinance, the consulting 142 attorney has provided a memorandum that explains that there are legally no limitations but 143 the fees must be reasonable (not yet determined by courts). Additionally there is 110 law 144 that requires fees on any or all utilities. The proposed ordinance reflects the removal of 145 limitations and would leave the city ready to negotiate with Xcel Energy. In response to 146 discussion about how many cities are instituting the fees, Mr. Heitke suggested that the 147 trend is certainly to add the fees as cities are revisiting these generally old franchise 148 agreements. The providers prefer a flat meter fee with tiers for business /commercial use. 149 150 The council discussed the impact of fees on consumers as well as the option of putting 151 language into an agreement so there is an option of implementing in the future. The 152 council agreed to an agreement with a seven percent franchise fee cap on gross revenues 153 (matching Centennial Utilities) and to change the term of the agreement from twenty to ten 154 years. Further the council would like some legal advice on whether and how they could 155 include a freeze on implementation. 156 157 8. Goals and Objectives Quarterly Update — Administrator Heitke and the 158 department directors reviewed the report and update on goals. 159 160 9. Amending Park Dedication Fees — Public Services Director DeGardner reported that 161 staff has reviewed the current park dedication fee and, based on updated assumptions and 162 data presented in the staff report, is recommending that it be increased from $2,075 163 to$2,500 per square unit. Staff may wait until January to make the necessary amendment 164 to the Fee Schedule but wanted to get a council direction. The city attorney recommended 165 against writing in an allowance for future inflationary increases; it's something that should 166 be considered when you can link the fees to actual values. The last increase occurred in 167 2004. 168 169 The council concurred with the proposed process to increase the fees. 170 171 10. Process for Cancellation of Regular Council meetings and Council Work 172 Sessions 173 (requested by Bergeson and Reinert) - The Mayor recently took the authority 174 to cancel a pre - council work session and that authority was questioned by a council 175 member. The question of that authority was brought to the League of Minnesota Cities 176 who suggested that it is an internal question that the council itself should decide. 177 178 The council concurred that the question of cancelling a meeting should be posed to the 179 whole council and majority rules. 180 11. Regular Council Meeting Agenda of July 7 — There were no changes to the regular 181 agenda. 182 • • • • CITY COUNCIL WORK SESSION -5- July 7, 2008 DRAFT 183 The meeting was adjourned at 9:25 p.m. 184 185 These minutes were considered, corrected and approved at the regular Council meeting 186 held on July 28, 2008. 187 188 189 190 191 192 Julianne Bartell, City Clerk John Bergeson, Mayor 193 194 DRAFT •1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : July 14, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:50 p.m. 8 MEMBERS PRESENT : Council Member and Acting Mayor Gallup; 9 Council Members O'Donnell, Reinert, Stoltz 10 MEMBERS ABSENT : Mayor Bergeson 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; City Attorney, Scott 13 Baumgartner, Director of Community Services, Michael Grochala; Director of Public Safety, 14 Dave Pecchia; City Engineer, James Studenski; Building Official, Pete Kluegel. 15 PUBLIC COMMENT 16 There was no one present for public comment. 17 SETTING THE AGENDA 18 The agenda was reviewed. • 19 CONSENT AGENDA 20 Council Member O'Donnell moved to approve the Consent Agenda Council Member Stoltz 21 seconded the motion. Motion carried on a voice vote. 22 23 24 II EM ACTION 25 26 1A. Consideration of Expenditures: 27 July 14, 2008 (Check No. 83243 through 83399, $633,884.50 Approved 28 Centennial Fire District (Check No. 3318 through 3333, $5,961.75 Approved 29 30 1B. Consider not waiving monetary limits on tort liability per Minnesota 31 Statutes, Section 466.04 Approved 32 33 1C. Resolution No. 08 -68, authorizing issuance of a peddler license to 34 Patrick Miller Construction Company Approved 35 36 1D. Resolution No. 08 -70, authorizing issuance of a peddler license to 37 Direct Exteriors Approved 38 •39 FINANCE DEPARTMENT REPORT, AL ROLEK 40 There was no report from the finance department. COUNCIL MINUTES July 14, 2008 DRAFT 41 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 42 3A. Resolution No. 08-67 approving a special event permit and cabaret license for Miller's 43 on Main, outdoor tent event on August 15 and 16, 2008 — Administrator Heitke reported that 44 Chad Wagner, owner of Miller's on Main, has applied for permits to conduct a music tent event 45 during the Blue Heron Days festival weekend. The council has previously granted a variance 46 from the fire code to allow the tent for this year only. The council has requested and the 47 conditions of the permit will include sound monitoring by the Police Department. Although it is 48 not specified in the conditions, the permit itself includes a limitation of hours on both nights of 49 the event from 9:00 p.m. to midnight. 50 51 Representatives of the applicant were present to respond to questions. 52 53 Council Member Stoltz moved to approve Resolution No. 08 -67 as presented. Council Member 54 Reinert seconded the motion. Motion carried. 55 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 56 There was no report from the Public Safety Department 57 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 58 There was no report from the Public Services Department 59 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 60 6A. Resolution No. 08 -71, Ordering Removal of Hazardous Structure, 745 Oak Lane - 61 Building Official Pete Kluegel reported that staff is requesting authorization to proceed with the 62 process to remove a hazardous structure located at 745 Oak Lane. The condition of the structure 63 is such that the roof has collapsed and is rotten, portions of the homes walls have been crushed by 64 trees, walls are rotting and moldy and the foundation is cracked as well as other deterioration. 65 Despite numerous letters to the property owner requesting rectification of many violations, the 66 property remains a nuisance. Staff is recommending that the council order the immediate 67 abatement and removal of the structure, allowing the state mandated process to proceed. 68 69 Council Member O'Donnell moved to approve Resolution No. 08 -71, as presented. Council 70 Member Stoltz seconded the motion. Motion carried on a voice vote. 71 72 6B. Resolution No. 08 -72, Approving Easement Acquisition, Lake Drive /35W Improvement 73 Project - Community Development Director Grochala reported that staff is requesting 74 authorization to proceed with an easement acquisition relating to the Lake Drive /35W interchange 75 project. Within a portion of the area known as the Judicial Ditch it has been identified that a 76 certain mitigation area is not included in the original easements gained for the project. Since this 77 easement as well as a temporary construction easement is necessary to the project, and based on 78 an appraisal, staff is requesting authorization proceed with said easement including payment to the 79 property owner in the amount of $9,957. 80 -2- —96— • • • COUNCIL MINUTES July 14, 2008 DRAFT 81 Council Member Stoltz moved to approve Resolution No. 08 -72, as presented. Council Member 82 O'Donnell seconded the motion. Motion carried on a voice vote. 83 84 6C. Resolution No. 08 -69, Accepting Plans and Authorizing Quotes, 2008 Surface Water 85 Management — City Engineer Studenski recalled that the city's has in place a plan that allows for 86 the inspection and maintenance of existing storm water infrastructure on a five year basis. This is 87 year five of the current program and staff has laid out for the council the work proposed for this 88 year. It includes the cleaning of pipe sections, catch basins, and manholes. He presented the 89 schedule for the project with construction commencing in August 2008. 90 91 Council Member Reinert moved to approve Resolution No. 08 -69, as presented. Council 92 Member Stoltz seconded the motion. Motion carried on a voice vote. 93 UNFINISHED BUSINESS 94 There was no unfinished business. 95 96 97 98 99 • 100 101 102 103 104 105 106 107 108 109 110 111 112 NEW BUSINESS 8A. Approval of June 23, 2008 City Council Meeting Minutes Council Member O'Donnell moved to approve the minutes of the June 23, 2008 City Council Meeting as presented. Council Member Reinert seconded the motion. Motion carried on a voice vote. Council Member Stoltz abstained. ADJOURNMENT There being no further business, Council Member Stoltz moved to adjourn at 6:50 p.m. Council Member O'Donnell seconded the motion. Motion carried. nt Thursday, July 17 at Monday, July 28 Monday, July 28 Community Calendar- A Look Ahead July 15, 2008 through July 28, 2008 6:30 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers Charter Commission Council Work Session Council Meeting 113 114 These minutes were considered and approved at the regular City Council Meeting on July 28, 115 2008. 116 117 118 119 .120 121 Julianne Bartell, City Clerk John Bergeson, Mayor -3- -97-