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HomeMy WebLinkAbout08/25/2008 Council PacketSUMMARY MINUTES CITY OU1CIL FE] Monday, August 25, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke COUNCIL WORK SESSION, 5:30 P.II Council Workroom (not televised) A) Review of Regular Meeting Agenda CIL MEETING, ➢ 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 amended to remove Item 6B. CONSENT AGENDA � .. A) Consideration of Expenditures: i) August 25, 2008 (Check No. 83661 through 93758) in the amount of $503,402.97; ii) Centennial Fire District (Check No.3369 through 3387) in the amount of $26,585.99 Pg 4 -14 B) Consider approval of August 11, 2008 City Council Meeting Pg 15 -19 Minutes C) Consider approval of August 11, 2008 Special City Council Pg 20 -21 Work Session Minutes D) Approve rescheduling regular September work session from Pg 22 first Monday (Labor Day) to Tuesday, September 2, 5:30 p.m. E) Consider resignation of Jennifer Randall Pg 23 Council Agenda -2- SUMMARY MINUTES F) Consider proclamation proclaiming the week of September 17 through September 23, 2008, to be Constitution Week. Action Taken: Motion by Reinert, seconded by Gallup, to approve the Consent Agenda, Items 1A through 1F, was adopted 8/25/2008 Pg 24 -25 FINANCE DEPARTMENT „`:,AI Rolek A) Accept donation from Lexington Firefighters Relief Assn for safety camp costs, Al Rolek Action Taken: Motion by Stoltz, seconded by O'Donnell, to accept the donation from Lexington Firefighters Relief Association, was adopted Pg 26 B) Accept donation from Lino Lake Lions Club for Safety Camp costs, Al Rolek Action Taken: Motion by Stoltz, seconded by Reinert, to accept the donation from the Lino Lake Lions Club, was adopted IN I�f`i'Tlt�1 CtF,�A A) Conditional Offer of Employment to Joel Martin Action Taken: Motion by O'Donnell, seconded by Gallup, to extend a conditional offer of employment to Joel Martin, was adopted B) Consider First Reading of Ordinance No. 12 -08, relating to criminal history background for applicants for city employment and city licenses Reading and roll call required Action Taken: Motion by Reinert, seconded by Stoltz, to approve first reading of Ordinance No. 12 -08 was adopted; Yeas 5; Nays none Pg27 Pg 28 -31 TMENTREPORT,Dave P. A) Consideration of Resolution No. 08 -96, Authorizing execution of agreement with Department of Public Safety for Safe & Sober Communities grant Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution No. 08 -96 as presented, was adopted Council Agenda None -3- SUMMARY MINUTES COMMUNITY DEVELt PMEN' Ga P©RT, Michael Grochala 8/25/2008 A) Byrne Langer Addition Pg 32 -51 i. Consideration of Resolution No. 08 -87, Approving Preliminary Plat, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve Resolution No. 08 -87 as presented, was adopted ii. Consideration of Resolution No. 08 -88, Approving Development Agreement, Jim Studenski Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolution No. 08 -88 as presented, was adopted iii. Consideration of Resolution No. 08 -89, Approving Final Plat, Paul Bengtson Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 08 -89 as presented, was adopted B) Consider Resolution No. 08 90, Approving Reshanau Lake Pg 52 67 Improvement Project Contribution, Marty Asleson (Item removed from agenda) C) Consider Resolution No. 08 -95, Accepting Deed, Apollo Drive, Pg 68 -71 Parcel 15 City of Lino Lakes Right of Way Plat No. 1, Michael Grochala Action Taken: Motion by Gallup, seconded by Stoltz, to approve Resolution No. 08 -95 as presented, was adopted IFINISF None BUSINESS A) Consider approval of August 4, 2008 Council Work Session Pg 72 -75 Minutes Council Member Stoltz absent Action Taken: Motion by O'Donnell, seconded by Gallup, to approve the minutes as presented, was adopted; Council Member Stoltz abstained from voting Council Agenda journmen -4- SUMMARY MINUTES 8/25/2008 Motion by Gallup, seconded by Stoltz, to adjourn, was adopted Community Calendar - A Look Ahead August 26, 2008 through September 8, 2008 4 Wednesday, August 27 4 Monday, September 1 4 Tuesday, September 2 4 Wednesday, September 3 4 Thursday, September 4 4 Monday, September 8 6:30 pm, Council Chambers Labor Day 5:30 pm, Community Room 6:00 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board City Hall Closed Council Work Session Comp Plan Open House EDAC Council Meeting • • REVISED Monday, August 25, 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 l => Council Workroom (not televised) A) Review of Regular Meeting Agenda ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) August 25, 2008 (Check No. 83661 through 83758) in the amount of $503,402.97; ii) Centennial Fire District (Check No.3369 through 3387) in the amount of $26,585.99 Pg 4 -14 B) Consider approval of August 11, 2008 City Council Meeting Pg 15 -19 Minutes C) Consider approval of August 11, 2008 Special City Council Work Pg 20 -21 Session Minutes D) Approve rescheduling regular September work session from Pg 22 first Monday (Labor Day) to Tuesday, September 2, 5:30 p.m. E) Consider resignation of Jennifer Randall Pg 23 F) Consider proclamation proclaiming the week of September 17 Pg 24 -25 through September 23, 2008, to be Constitution Week. Council Agenda -2- REVISED 8/25/2008 A) Accept donation from Lexington Firefighters Relief Assn for safety camp costs, Al Rolek B) Accept donation from Lino Lake Lions Club for safety camp costs, Al Rolek Pg 26 A) Conditional Offer of Employment to Joel Martin Pg 27 B) Consider First Reading of Ordinance No. 12 -08, relating to Pg 28 -31 criminal history background for applicants for city employment and city licenses Reading and roll call required A) Consideration of Resolution No. 08 -96, Authorizing execution of agreement with Department of Public Safety for Safe & Sober Communities grant None A) Byrne Langer Addition i. Consideration of Resolution No. 08 -87, Approving Preliminary Plat, Paul Bengtson ii. Consideration of Resolution No. 08 -88, Approving Development Agreement, Jim Studenski iii. Consideration of Resolution No. 08 -89, Approving Final Plat, Paul Bengtson Pg 32 -51 B) Consider Resolution No. 08 -90, Approving Reshanau Lake Pg 52 -67 Improvement Project Contribution, Marty Asleson C) Consider Resolution No. 08 -XX, Accepting Deed, Apollo Drive, Pg 68 -71 Parcel 15 City of Lino Lakes Right of Way Plat No. 1, Michael Grochala • • • • • Council Agenda None -3- REVISED 8/25/2008 A) Consider approval of August 4, 2008 Council Work Session Minutes Council Member Stoltz absent Pg 72 -75 #--f- /i-'f- Community Calendar- A Look Ahead August 26, 2008 through September 8, 2008 Wednesday, August 27 Monday, September 1 Tuesday, September 2 Wednesday, September 3 Thursday, September 4 Monday, September 8 6:30 pm, Council Chambers Labor Day 5:30 pm, Community Room 6:00 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board City Hall Closed Council Work Session Comp Plan Open House EDAC Council Meeting 1 • • • Monday, August 25, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A) Review of Regular Meeting Agenda ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) August 25, 2008 (Check No. 83661 through 83758) in the amount of $503,402.97; ii) Centennial Fire District (Check No.3369 through 3387) in the amount of $26,585.99 Pg 4 -14 B) Consider approval of August 11, 2008 City Council Meeting Pg 15 -19 Minutes C) Consider approval of August 11, 2008 Special City Council Work Pg 20 -21 Session Minutes D) Approve rescheduling regular September work session from Pg 22 first Monday (Labor Day) to Tuesday, September 2, 5:30 p.m. E) Consider resignation of Jennifer Randall Pg 23 F) Consider proclamation proclaiming the week of September 17 Pg 24 -25 through September 23, 2008, to be Constitution Week. Council Agenda A) -2- Accept donation from Lexington Firefighters Relief Assn for safety camp costs, Al Rolek A) Conditional Offer of Employment to Joel Martin 8/25/2008 Pg 26 Pg 27 B) Consider First Reading of Ordinance No. 12 -08, relating to Pg 28 -31 criminal history background for applicants for city employment and city licenses Reading and roll call required A) None None Byrne Langer Addition i. Consideration of Resolution No. 08 -87, Approving Preliminary Plat, Paul Bengtson ii. Consideration of Resolution No. 08 -88, Approving Development Agreement, Jim Studenski iii. Consideration of Resolution No. 08 -89, Approving Final Plat, Paul Bengtson Pg 32 -51 B) Consider Resolution No. 08 -90, Approving Reshanau Lake Pg 52 -67 Improvement Project Contribution, Marty Asleson C) Consider Resolution No. 08 -XX, Accepting Deed, Apollo Drive, Pg 68 -71 Parcel 15 City of Lino Lakes Right of Way Plat No. 1, Michael Grochala None • r • • • Council Agenda -3- 8/25/2008 A) Consider approval of August 4, 2008 Council Work Session Minutes Council Member Stoltz absent Pg 72 -75 i.;-: ie-' '+'''- f= it- 4f,-- Community Calendar- A Look Ahead August 26, 2008 through September 8, 2008 Wednesday, August 27 Monday, September 1 Tuesday, September 2 Wednesday, September 3 Thursday, September 4 Monday, September 8 6:30 pm, Council Chambers Labor Day 5:30 pm, Community Room 6:00 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board City Hall Closed Council Work Session Comp Plan Open House EDAC Council Meeting • EXPENDITURES AUGUST 25, 2008 Date: 08/15/2008 Time: 09 :23:21 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 7360 - 7400 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: s Sort: N Check Over Expend: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 • Discount Vendor # Name # of items Net Gross Discount Lost 000020 A E. L buYERIOR SOD CO, INC. 1 23.00 23.00 .00 .00 000022 NORTHERN WATER WORKS SUPPLY, INC. 1 513.43 513.43 .00 .00 000032 LEIBEL, KYLE 1 586.10 586.10 .00 .00 1 58.20 58.20 .00 .00 000057 PREMIUM WATERS, INC. 000093 ACE SOLID WASTE, INC. 1 582.66 582.66 .00 .00 000118 SNAP -ON INDUSTRIAL, INC. 1 2,449.50 2,449.50 .00 .00 000293 WIPERS AND WIPES, INC. 1 376.24 376.24 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000318 AMERIPRSDE LINEN /APPAREL SERVICES, INC. 1 107.64 107.64 .00 .00 1 4,565.0B 4,565.08 .00 .00 000364 NORTHERN AIR CORPORATION • 000365 STAPLES BUSINESS ADVANTAGE, INC. 1 233.39 233.39 .00 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 718.20 718.20 .00 .00 000370 CENTRAL COMMUINICATIONS 1 936.76 936.76 .00 .00 000371 CONNEXUSRry 1 4,334.94 4,334.94 .00 .00 000399 ALLDATA CORPORATION 1 1,708.00 1,708.00 .00 .00 000408 AP9 € COUNCIL #5 1 853.10 853.10 .00 .00 000420 ANOKA COUNTY 1 145.00 145.00 .00 .00 000489 TDS METROCOM 1 970.28 970.26 .00 .00 000541 ASPEN MITT. , INC. 1 52.50 52.50 .D0 .00 000724 BLUE TOW SERVICE, INC. 1 136.10 136.10 .00 .00 000743 BOWDICH, JACKIE M. 1 886.00 886.00 .00 .00 000754 BRAGELMAN, CHRISTOPHER 1 589.02 589.02 .00 .00 • City of Lino Lakes operator: JAL Date: 08/15/2008 Time: 09:23:21 Entry FM - Invoice Journal 11111 Discount 'ycndor # Name # of items Net Gross Discount Lost Page: 2 NATIONAL ASSOCIATION OF TOWN WATCH 1 217.22 217_22 .DD .00 000761 558.00 558.00 .00 .00 000766 SPORTS UNLIMITED, INC. 1 100.15 100.15 .00 .OD 000770 BOYER TRUCKS, INC. 1 1 79.49 79.49 .00 .00 000671 MONSON, MIKE BRYAN ROCK PRODUCTS, INC. 1 3,083.20 3,083.20 .00 .00 000660 366.63 366.63 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 ADMINISTRATION RESOURCES CORPORATION 1 76.88 76.88 DO .00 000963 498.H3 498.83 .DD .DO 000998 AGGREGATE INDUSTRIES, INC. 1 1 94.9a 94.94 .00 .00 001000 CATCD PARTS, INC. 860.05 860.05 .DO .00 00 1016 MINNESOTA STATE RETIREMENT SYSTEM 1 1 7,000.00 7,000.00 .00 .00 001115 CHICILD HOMES, INC. 1 25,123.40 25,123.40 .00 .00 001148 EGAN DIL COMPANY 143.55 143.55 .00 .00 D01260 ACCLAIM BENEFITS 1 1 4.79 4.79 DO 001267 FAST BREAK CORNER MARKET, INC. 00 1 200.00 200.00 .00 .00 1270 DALCD, INC. 1 73.73 73.73 .DD .00 1298 DEGARDN R, RICK 1 3,700.49 3,700.48 .00 .00 001480 HAWICSNS INC. 1 75.00 75.00 .00 .00 D01559 FRANCIS, LINDA 1 46.80 46.90 .DO .00 D01560 FRATTALIANE'S HARDWARE, INC. 1 53.01 53.01 .DO 00172D GRAINGER, INC. .00 55.95 55.95 .OD .00 001950 HOFFMAN, MICHAEL 1 1 852.94 852.94 .00 .00 001860 KENNEDY AND GRAVEN, INC. HOKANSON PLUMBING /HEATING, INC. 1 1,460.00 1,480.00 .00 .OD 002175 002206 LAW ENFORCEMENT LABOR SERVICES, INC. 1 1,008.00 1,009.00 .00 .00 786.42 786.42 .OD .DD 002270 LAKESIDE AUTO 9 PAINT, INC. 1 LEAGUE OF MN CITIES INS TRST 1 198.05 198.05 .00 .DO 002320 1 22.59 22.59 .00 .00 002328 G & K SERVICES, INC. • Date: 06/15/2006 Time: 09:23:21 City of Lino Lakes FM Entry - Invoice Journal Ver+rior # Name Operator: JAL Page: 3 # of items Net Gross Discount Disc 002420 LINO LAKES SENIOR CENTER 1 1,136.25 1,136.25 .00 .D0 1 476.52 476.92 .00 .DO 002550 MENARI)S, INC. 002570 METRO COUNCIL ENRIVONMEN?'AT• SERVICES 1 54,377.05 54,377.05 .00 .00 1 333.97 333.97 .DO .DD 002700 CENITERPCINT /MINNEGASCO, INC 002849 MINNESOTA PETROLEUM SERVICE, INC. 1 37.49 37.49 .OD .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 1 1,099.05 1,099.05 .00 .00 003123 NATURE CALLS, INC. 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 1,984.52 1,984.52 .D0 .DD 1 7,052.14 7,052.14 .00 .00 003250 x�' ENERGY 1 32.01 32.01 .00 .DO 003271 HSBC BUSINESS SOLUTIONS 003300 NCRTHWAY IRRSGASIDN /LANDSCAPING 1 2,662.50 2,662.50 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 70.95 70.95 .OD .DD 003445 MN DEFT OF LABOR /INDUSTRY 1 40.00 40.00 .00 .00 1 203.61 203.61 .00 .00 003478 PECCIiIA, DAVID CHIEF 1 220.00 220.00 .00 .00 003521 EMBEDDED SYSTEMS, INC. 1 76.50 76.50 .00 003600 PRESS PUBLICATIONS, INC. III 003757 ENLLERRC S, JOSEPH A 1 3,450.00 3,450.00 .D0 - ..,, 003848 SPARTAN PROMOTIONAL GROUP, INC. 1 2,923.65 2,923.65 .00 .00 1 67.20 67.20 .DD .00 003882 MINNESOTA SHREDDING LLC 1 115.07 115.07 .00 .00 003910 SAM'S CLUB, INC. 1 2,450.00 2,450.00 .00 .00 003971 SENLER HOMES 2 259.18 259.18 .00 .00 004240 STREICHER'S, INC. 004340 T.A. SCHIFSKY AND SONS, INC. 1 5,682.11 5,682.11 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 213.25 213.25 .00 .00 004470 COMO LOBE & SUPPLIES, INC. 1 1,731.93 1,731.93 .00 .00 1 1,940.55 1,940.55 .00 .0D 004560 II S BANK 2 69.90 69.90 .OD .00 004670 CDMCAST • Date: 08/15/2008 Time: 09:23:22 • Vendor # Name City of Lino Lakes Operator: JAL FM Entry - Invoice Journal # of items Net Gross Discount Page: 4 Discount Lost a a WINNICK SUPPLY, INC. 1 23.43 23.43 .00 .00 DD_B_D LUNDA CONSTRUCTION COMPANY 1 246,212.43 246,212.43 .00 .00 005007 323.97 323.97 .DD .OD 007224 HUGO MILL OUTDOOR POWER, INC. 1 116.89 116.89 .DO .00 007378 ANDERSON, KAREN 1 HAWKINS & BAUMGAR.TNER, P.A. 1 13,773.53 13,773.53 .00 .00 007392 266.89 266.89 .00 007470 ANDERSON E KOCH FORD, INC. 1 DD 4,165.08 4,165.08 .00 007510 DUNAWAY CONSTRUCTION 1 DO EAGLE BROOK CHURCH 1 31,662.82 31,662.82 .DD .00 DC7513 .DD .00 007530 MINNESOTA HIGHWAY SAFETY CENTER 2,928.00 2,928.00 1 3,967.17 3,967.17 .00 .00 D07532 HOKANSON DEVELOPMENT 1 10,160.71 10,160.71 .00 .00 007533 LUMBER ONE 1 75.00 75.00 .00 .00 007534 ARENDS, CAROL c3 KRAUS- ANDERSON CONSTRUCTION COMPANY 1 136.31 136.31 .00 .00 DD7��5 1 10.79 10.79 .00 .DO 007536 PALMER, COREY .00 .DO 537 PUBLIC EMPLOYEES RETIREMENT ASSOC 1 1,129.77 1,129.77 90.00 90.00 .00 .DO S 538 THOMAS, TRACY 1 IlREMRINSKI, RDSELIND 1 BO.DO BO.OD .00 .00 007539 7. 1 1,364.75 1,364.75 .00 .00 007540 I -STATE TRUCK CENTER 1 4,704.20 4,704.20 .DD .00 007541 MG MCGRATH, INC. 1 22,038.99 22,038.99 .00 .00 900471 BONESTROO, INC. 2 3,055.30 3,055.30 .00 .00 900591 CORPORATE EXPRESS, INC. Grand Totals: 100 503,402.97 503,402.97 .00 DO° • Date: 08/15/2008 Time 09:30:08 Ranges: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Rand: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (r) 7381 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name - 7401 # of copies: 1 Description AFSCME COUNCIL #5 ANOKA COUNTY MINNESOTA STATE RETI LAW ENFORCEMENT LARD METRO COUNCIL ENVIRO MN CHILD SUPPORT PAY PUBLIC EMPLOYEES RET PAYROLL WITHHOLDING FILING r' PAYROLL WITHHOLDING PAYROLL WITHHOLDING JULY SAC PAYROLL WITH /BRIAN C HRO OMITTED DECUDTION /DONOVA Total for Department MAYDR /COUNCIL KENNEDY AND GRAVEN, CHARTER REVIEW Total for Department 401 ADMINISTRATION ADMINISTRATION HAF.TER CHARTER SENIORS SENIORS FINANCE ADMINISTRATION RESOU COBRA ADMINISTRATION ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI Total for Department 402 PRESS PUBLICATIONS, SPECIAL WORK SESSION TIMESAVER OFF -SITE S CHARTER MEETING Total for Department 405 TDS METROCOM MONTHLY SERVICE /JULY LINO LAKES SENIOR CE REIMBURSE PARK BUS COMPA Total for Department 406 II 5 BANK TRAINING /PAULA S Total for Department 407 LEGAL CONSULTANTS HAWKINS 6 BADMGARTNE CRIMINAL ATTORNEY LEGAL CONSULTANTS HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY Total for Department 414 PLANNING 6 ZONING PLANNING 6 ZONING POLICE POLICE POLICE POLICE POLICE PRESS PUBLICATIONS, BONESTROO, INC. Total for MEETING CANCELLATION COMP PLAN UPDATE /JUNE Department 416 LEIHEL, KYLE CENTRAL COMMUNICATIO CENTRAL COMMUNICATI0 CONNEXUS ENERGY TDS METROCOM REIMBURSE TUITION /BOOK INTERNET ACCESS /JULY -213 SMART BATTERY /39 MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY Amount 853.10 145.00 860.05 1,008.00 7,227.00 681.40 137.80 10,912.35* 692.94 692.94* 76.88 143.55 220.43* 22.95 213.25 236.20* 35.53 1,136.25 1,171.78* 616.50 616.50* 12,436.50 577.90 13,014.40* 15.30 13,382.74 13,398.04* 5B6.10 777.76 159.00 21.31 669.21 • • • Date: 08/15/2008 Time: 0930:DB • Department Operator: SAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE STREETS STREETS .EFTS ".N•'i5 STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET Fix= FLEET _iFFT FL8: "1 FLEET FT,FVT FLEET FLEET FT,FFT FLEET FLEET • ASPEN MILLS, INC. BOWDICH, JACKIE M. BRAGS MAN, CHRISTOPH NATIONAL ASSOCIATION MONSON, MIKE FAST BREAK CORNER MA Ott. x LAKE L. ANIMAL CA MN DEPT OF LABOR /IND PECCHIA, DAVID CHIEF EMBEDDED SYSTEMS, IN SPARTAN PROMOTIONAL MINNESOTA SHREDDING SAM'S CLUB, INC. STREICHER'S, INC. U S BANK D 5 BANK ANDERSON, KAREN MINNESOTA HIGHWAY SA UNIFORM SUPPLIES REIMBURSE TUITION /BOOKS REIMBURSE 'iviTION /BOOKS T- SHSIRTS REIMBURSE MEALS CAR WASHE RECON GROOMING /OINTMENT CERTIFICATES REIMBURSE MEALS /LODGING/ REPAIR SIREN #4 PENS /BALLS /PENCILS /TATTO DESTROY CONFIDENTIAL MAT BAGS /MARKERS /SHARPIES UNIFORM SUPPLIES KEYBOARD TRAINING REIMBURSE NATIONAL NIGa'1 CLASS/16 CORPORATE EXPRESS, I LOCKERS CORPORATE EXPRESS, I OFFICE SUPPLIES -5402 CORPORATE EXPRESS, I OFFICE SUPPLIES -8345 Total for Department 420 A & L SUPERIOR SOD C SOD CONNEXUS ENERGY MONTHLY SERVICE /JULY TOS METROCOM MONTHLY SERVICE /JULY BRYAN ROCK PRODUCTS, CLASS 2 AGGREGATE INDUSTRIES CONCRETE /5077 AGGREGATE INDUSTRIES CONCRETE /5266 AGGREGATE INDUSTRIES CONCRETE /5720 AGGREGATE INDUSTRIES CONCRETE /6169 MENARDS, INC. STORAGE LOCKER /CABINET /R T.A. SCHIFSKY AND SO ASPHALT II 5 BANK ASPHALT RAKES DUNAWAY CONSTRUCTION t_uLVERT REPLACEMENT /40 L Total for Department 430 SNAP-ON INDUSTRIAL, A -1 HYDRAULIC SALES/ A -1 HYDRAULIC SALES/ ALLDATA CORPORATION BOYER TRUCKS, INC. O'REI-LLY AUTOMOTIVE, CATCO PARTS, INC. EGAN DIL COMPANY FRATSALLONE'S HARDWA GRAINGER, INC. G 6 K SERVICES, INC. MENARDS, INC. MINNESOTA PETROLEUM TOOLS HOSE END /SHAFT /SEAL /RING HOSE END /SHAFT /SEAL /PING SUBSCRIPTION /TOM DW CLEVIS /BRAKE CHAM- 217523 BELT /HOSE /SEAL /FILVEx /BR HOSE /ELBOW /FITTING GASOHOL FASTENERS /SPRAYPAINT EXTINGUISHER SHOP TOWELS STORAGE LOCKER /CABINET /R MAC CARDS 52.5D 886.00 589.02 217.22 79.49 4.79 70.95 40.00 203.61 220.0D 2,923.65 67.20 115.07 259.18 19.20 450.0D 116.89 2,928.00 2,520.60 146.35 3818.35 14,511.45* 23.00 980.67 35.57 3,083.20 58.31 113.98 273.25 53.29 86.96 5,682.11 542.82 4,165.08 15,098.24* 2,449.50 59.51 658.69 1,708.00 100.15 366.63 94.94 25,123.40 39.37 53.01 22.59 389.96 37.49 Date: 08/15/200B Time: 09:30:08 Department Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT PARKS PARRS PARKS PARKS PARKS PARKS DARKS PARKS PARKS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS RuiLDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS XCEL ENERGY MONTHLY SERVICE /JULY BUILDINGS COMCAST MONTHLY SERVICE /AUGUST BUILDINGS PUBLIC EMPLOYEES RET OMITTED DECUDTION /DONOVA BUILDINGS MG MCGRATH, INC. CITY HALL ROOF -STORM DAM Total for Department 432 FACTORY MOTOR PARTS HSBC BUSINESS SOLUTI COMO LURE & SUPPLIES COMO LOBE & SUPPLIES WINNICK SUPPLY, INC. HUGO MILL OUTDOOR PO ANDERSON & KOCH FORD I -STATE TRUCK CENTER Total for ROTOR /SENDER /PADS PNEUMATIC WHEEL /NORTHERN GREASE /OIL -1410 GREASE/OIL-1437 V C25 MIX CABLE /CS.EEVIS SENDER /PUMP /CAP TRANSMISSION SERVICE Department 431 PREMIUM WATERS, INC. ACE SOLID WASTE, INC AMERIPRIDE LINEN /APP NORTHERN AIR CORPORA STAPLES BUSINESS ADV CONNEXUS ENERGY TDS METROCOM DALCO, INC. FRANCIS, LINDA HOKANSON PLUMBING /HE LAKESIDE AUTO & PAIN LEAGUE OF MN CITIES CENTERPDINT /MINNEGAS MONTHLY SERVICE / JULY MONTHLY SERVICE /AUGUST MAT RENTAL REFRIGERATION PRESSURE /R OFFICE SUPPLIES MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY STORM DAMAGE REPLACE AP #82515/3 -24 -0 INSTALL EYEWASHES REPAIR /REFINISH #322 CLAIM /SUNSET PARK MONTHLY SERVICE /JULY ENVIRONMENTAL ACE SOLID WASTE, INC MONTHLY SERVICE /AUGUST WIPERS AND WIPES, IN MAINTENANCE SUPPLIES CONNEXUS ENERGY MONTHLY SERVICE /JULY DEGARDN R, RICK REIMBURSE MILEAGE FRATTALI/ONE' S HARDWA FASTENERS /SPRAYPAINT HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW CETTTERRDINT /MINNEGAS MONTHLY SERVICE /JULY NATURE CALLS, INC. PORTABLE RESTROOM RENTAL HUGO MILL OUTDOOR PO CABLE /CLEVIS Total for Department 450 U S BANK SEMINAR /TIM P Total for Department 461 Total for Fund 101 ARENDS, CAROL REIMBURSE PROGRAM REC THOMAS, TRACY REIMBURSE PROGRAM EEC ZAREMBINSKI, RDSELIN REIMBURSE PROGRAM REC Total for Department 1,984.52 32.01 1,598.47 133.46 23.43 238.38 268.89 1,364.75 36,747.15* 58.20 449.62 107.64 3,280.69 233.39 1,417.38 123.38 200.00 75.00 1,480.00 786.42 198.05 170.13 6,941.08 69.90 991.97 4,704.20 21,287.05* 133.04 376.24 7.99 73.73 7.43 55.95 44.88 1,099.05 85.59 1,683.90* 50.0D 50.00* 129,840.43* 75.00 90.00 80.00 245.00* • Date: 08/15/2006 Time: 09:30:06 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount SPECIAL EVENTS /TRIPS u 5 BANK CRAFT SUPPLIES 39.03 Total for Department 205 39.03* YOUTH SPORTS SPORTS UNLIMITED, IN LACROSSE SKI1J,S 558.00 YOUTH SPORTS U S BANK PROGRAM REC 223.0D Total for Department 208 781.00* Total for Fund 201 1,065.03* OTHER PRESS PUBLICATIONS, TIF DISCLOSURE 7.65 Total for Department 499 7.65* OTHER OT- =R 0TE3ER Total for Fund 410 7.65* PRESS PUBLICATIONS, TIF DISCLOSURE 7.65 Total for Department 499 7.65* Total for Fund 411 7-65* PRESS PUBLICATIONS, TIF DISCLOSURE 7.65 Total for Department 499 7.65* Total for Fund 416 7.65* PRESS PUBLICATIONS, TIF DISCLOSURE 7.65 Total for Department 499 7.65* Total for Fund 417 0...tiE KENNEDY AND GRAVEN, LEGACY AT WOODS EDGE 120.00 OTHER PRESS PUBLICATIONS, TIF DISCLOSURE 7.65 Total for Department 499 127.65* D£H R Total for Fund 418 127.65* BONESTROD, INC. COMP PLAN UPDATE /JUNE Total for Department 499 8,656.25 8,656.25* Total for Fund 422 8,656.25* O1H -'k LUNDA CONSTRUU1ION C CSAH 23/I -35 246,212.43 Total for Department 499 246,212.43* Total for Fund 471 246,212.43* PALMER, COREY REIMBURSE UTILITY OVERPA 10.79 Total for Department 10.79* WATER NORTHERN WATER WORKS METAL SHOT /WELDER 289.31 INSTRUMENTAL RESEARC WATER SAMPLES 142.50 Date: 08/15/2008 Time: 09:30:06 Department Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description WATER WATER W_n.1'F:iC WATER WATER WATER WATER SEWER SEWER SEWER SEWER NORTHERN AIR CORPORA CONNE%US ENERGY TDS METROCOM HAWKINS , INC. CENTERPOINT /MINNEGAS XCEL ENERGY NORTHWAY IRRIGATION/ REFRIGERATION PRESSURE /R MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY CHEMICALS MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY INSTALL, RAIN SENORS /71 Total for Department 494 Total for Fund 601 NORTHERN WATER WORKS METAL SHOT /WELDER CONNEBUS ENERGY MONTHLY SERVICE/JULY METRO COUNCIL ENVIRO SEPTEMBER SEWER %CEL ENERGY MONTHLY SERVICE /JULY Total for Department 495 Total for Fund 602 BLUE TOW St.xVICE, IN CHICILO HOMES, CHICILO HOMES, LuICILO HOMES, CHICILO HOMES, CHICILO HOMES, INC. INC. INC. INC. INC. CHICILO HOMES, INC. KENNEDY AND GRAVEN, WELLERBUI S, JOSEPH A SEMLER HOMES HAWKINS 6 BAUMGART E EAGLE BROOK CHURCH HOKANSON DEVELOPMENT LUMBER ONE KRAUS- ANDERSON CONST TOW /'98 ,.j P WAGONER R.EIME REIMS REIMB REIMB REIMS REIMB BLG BLG BLG BLG BLG BLG ESCROW /2002010 ESCROW /2002011 ESCROW /2003000 ESCROW /2003006 ESCROW /2003012 ESCROW /2003013 LAKEWOOD APARTMENTS REIMB BLDG ESCROW /311 EL REIME BLDG ESCROW /892 KE RUSSIAN BAPTIST CHURCH /E REIMBURSE REIMBURSE REIMBURSE REIMBURSE Total for Department Total for Fund 801 Grand Total ESCROW ESCROW /MARSHAL ESCROW /WILLOW ESCROW /SMW Amount 1,284.39 1,578.81 106.59 3,700.48 118.96 95.45 2,662.50 9,978.99* 9,989.78* 224.12 328.7B 47,150.05 15.61 47,71B.56* 47,718.56* 136.10 500.0D 500.00 1,500.00 1,500.00 1,500.00 1,500.00 40.00 3,450.00 2,450.00 759.13 31,662.62 3,967.17 10,160.71 136.31 59,762.24* 59,762.24* 503,402.97* • • • CENTENNIAL FIRE DISTRICT • • Check Register FIRE GL GL Posting Period(s): 08/08 - 08/08 Check Issue Date(s): 08/05/2008 - 08/19/2008 Page: 1 Aug 19, 2008 09:28am Per Date Check No Vendor No Payee 08/08 08/19/08 3369 10290 ALEX AIR APPARATUS, INC 08/08 08/19/08 3370 11565 ASPEN MILLS Total 3370 08/08 08/19/08 3371 08/08 08/19/08 3372 08/08 08/19/08 3373 08/08 08/19/08 3374 08/08 08/19/08 3375 08/08 08/19/08 3376 08/08 08/19/08 3377 08/08 08/19/08 3378 08/08 08/19/08 3379 08/08 08/19/08 3380 08/08 08/19/08 3381 08/08 08/19/08 3382 08/08 08/19/08 3383 08/08 08/19/08 3384 30485 CENTER MART 31008 COMCAST 40150 DISCOUNT TIRE 80200 JANET HAAPOJA 80300 HEIMAN INC Invoice Description 90151 IMAGE PRINTING & GRAPHICS 120425 LENFER TRANSMISSION & AUTO 120450 CITY OF LINO LAKES 130827 MN STATE COLLEGES & UNIV 150140 OFFICE DEPOT, INC 190400 LIZ SHEEHY 210400 USA MOBILITY WIRELESS, INC 220250 VIKING TROPHIES 230500 WHITE BEAR AUTO CARE INC 08/08 08/19/D8 3385 240100 XCEL ENERGY 08/08 08/19/08 3386 999911 BETH KAMRATH 08/D8 08/19/08 3387 999912 TESSA TRETTEL Totals: QUEST Q -NETIC PANT /COAT UNIFORMS UNIFORMS UNIFORMS UNIFORMS FUEL STATION 2 INTERNET 4 TIRES SAFETY CAMP SUPPLIES THERMAL IMAG BATTERIES ENVELOPES 1993 CHEV REPAIR JULY REIMBURSEMENTS HS AED CARDS OFFICE SUPPLIES 1ST AID KITS SAFETY CAMP PAGER SERVICE PLAQUE 2004 FORD EXPEDITION MTC STATION 2 ELECTRIC SAFETY CAMP REGISTRATION REFUND SAFETY CAMP REGISTRATION REFUND Inv Amount 1,194.00 13.88 10.87 191.94 89.99 306.68 285.54 95.00 788.12 29.90 344.25 26.96 798.02 21,236.52 74.90 62.79 155.31 32.50 129.02 150.00 846.48 15.00 15.00 26,585.99 M = Manual Check, V = Void Check DRAFT • 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : August 11, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:55 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFI+ MEMBERS PRESENT: City Administrator, Gordon Heitke; City Attorney, Scott 13 Baumgartner; City Planner, Paul Bengtson; City Engineer, James Studenski, City Clerk, Julie 14 Bartell 15 PUBLIC COMMENT 16 There was no one present for public comment. 17 SETTING '1'lIE AGENDA 18 The agenda was reviewed. • 19 SPECIAL PRESENTATION • 20 Lino Lakes 2007 and 2008 Ambassadors Bethany Burns, Renata Thielen and Heather Ott, 21 thanked the council for their support, briefly reviewed their activities over the past year and 22 introduced this year's candidates, as follows: 23 Samantha Barriga, sponsored by Country Inn and Suites; 24 Stephanie Haman, sponsored by Molin Concrete; 25 Shelby Kusterman, sponsored by American Legion Post 566; 26 Christine Lambert, sponsored by Eagle Liquor; 27 Caitlin Laszewski, sponsored by US Bank; 28 Alexandra Lingle, sponsored by Lang Builders; 29 Peggy Ly, sponsored by Chomonic Golf Course; 30 Erin Magnuson, sponsored by David Alt Insurance Agency; 31 Laura Tadlock, sponsored by Red Oak Steaks and Wine. 32 33 The Ambassdors presented the council with the plaque representing The Princess Award that 34 they won at the Northeast Parade. 35 36 The Mayor also recognized Lynn Bergman, director of the Ambassador's Program. Ms. 37 Bergman thanked the city for supporting the program. She is proud of the Lino Lakes 38 Ambassadors and looks forward to the event when next year's representatives will be chosen. 39 The coronation will take place on August 17 at St. Joseph's Church at 4:30 p.m. COUNCIL MINUTES August 11, 2008 DRAFT 40 41 CONSENT AGENDA 42 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 43 seconded the motion. Motion carried on a voice vote. 44 45 46 ITEM ACTION 47 48 1A. Consideration of Expenditures: 49 August 11, 2008 (Check No. 83538 through 83660, $427,088.42 Approved 50 Centennial Fire District (Check No. 3356 through 3368, $3,499.54 Approved 51 52 1B. Resolution No. 08 -73, Approving Election Judges Approved 53 54 1C. Resolution No. 08 -81, approving a 1 -4 day liquor license for the Lino 55 Lakes Lions Club for the annnii Pheasant Feed at St. Joseph's Church 56 on September 27, 2008 Approved 57 58 1D. Approval of July 28, 2008 Council Work Session Minutes Approved 59 60 1E. Approval of July 28, 2008 City Council Meeting Minutes Approved 61 62 FINANCE DEPARTMENT REPORT, AL ROLEK 63 There was no report from the finance department. 64 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 65 There was no report from the Administration Department 66 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 67 There was no report from the Public Safety Department 68 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 69 There was no report from the Public Services Department 70 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 71 6A. Zoning Ordinance Amendment 72 73 i. Consider 2nd Reading and passage of Ordinance No. 11 -08, Amending the 74 Zoning Ordinance to accommodate Animal Control Regulations, Non - 75 Conforming Uses, Accessory Structures located within an Easement, and 76 typographical corrections -2- -16- • • • • • • COUNCIL MINUTES August 11, 2008 DRAFT 77 78 Planner Bengtson reported that this ordinance is sponsored by staff to comply with the recently 79 approved and updated animal control regulations. There were some unrelated changes identified 80 in the process of review of these sections. The majority of changes being proposed are specific 81 to the city code changes regarding animal control and do not greatly change the requirements of 82 the ordinance but relate mainly to text changes. Other changes include amendments to align the 83 city with state statutes in regard to non - conforming uses and structures and amendments to 84 address the city policy to allow accessory structures to be placed in easements under certain 85 conditions, as well as some non - substantive grammatical errors. The Planning and Zoning Board 86 held a public hearing on the ordinance and then recommended approval. 87 88 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 89 Member Stoltz seconded the motion. Motion carried on a voice vote. 90 91 Council Member O'Donnell moved to approve the 2nd reading and adoption of Ordinance No. 92 11 -08 as presented. Council Member Gallup seconded the motion. A roll call vote was taken. 93 Motion carried as follows: Yeas, 5; Nays none. 94 95 i.i. Consider Resolution No. 08 -84, Approving summary publication of 96 Ordinance No. 11 -08 97 98 Council Member O'Donnell moved to approve Resolution No. 08 -84, as presented. Council 99 Member Gallup seconded the motion. Motion carried. 100 101 6B. Consider Resolution No. 08 -82, Approving Statement of Concurrence, 102 VLAWMO/Rice Creek Watershed District Boundary Change 103 104 Engineer Studenski reported that the Vadnais Lake Area Water Management Organization 105 (VLAWMO) is updating its watershed boundaries and, following the process set forth by state 106 statute, is proposing acceptance of the boundaries presented to the council in the staff report. 10.7 The changes for Lino Lakes relate to transfer of some land from Rice Creek Watershed District 108 to VLAWMO and vice versa. The city engineer is recommending approval of the changes. 109 110 When the council asked how impacted citizens will be informed, Mr. Studenski explained that 111 these changes are brought to municipalities for adjustment and then return to the VLAWMO 112 board where a hearing with notice will be conducted. 113 114 Council Member Gallup moved to approve Resolution No. 08 -82, as presented_ Council 115 Member Stoltz seconded the motion. Motion carried on a voice vote. 116 117 6C. Consider Resolution No. 08 -83, Accepting Quotes and Awarding a Contract, 2008 118 Surface Water Management Project 119 120 City Engineer Studenski reported on the receipt of quotes for a contract for the city's 2008 121 Surface Water Management Program. Based on the two quotes received, staff is recommending 122 award of the contract to Penn Contracting. -3- COUNCIL MINUTES August 11, 2008 DRAFT 123 124 Council Member O'Donnell moved to approve Resolution No. 08 -83, as presented. Council 125 Member Gallup seconded the motion. Motion carried on a voice vote. 126 127 6D. Consider Resolution No. 08 -85, Approving Change Order No. 15, Lake Drive /35W 128 Improvement Project 129 130 City Engineer Studenski reported that the contract to Lunda Construction Company for the Lake 131 Drive/I35W Improvement Project included installation of certain street light poles. Relocated 132 power lines make a height change necessary for the light poles. The change order before the 133 council provides for a change of $10,000 to allow the purchase of the correct size poles from 134 Anoka County; staff will attempt to sell the larger poles (no longer needed) to the county in 135 return. Approval of the change order is recommended by staff. 136 137 A council member questioned why the wrong size poles were ordered; there seems to be a lot of 138 change orders with the project and that represents mistakes that cost more money to the project. 139 140 Council Member Stoltz moved to approve Resolution No. 08 -85, as presented. Council Member 141 O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Reinert 142 recorded as voting "no ". 143 UNFINISHED BUSINESS 144 There was no unfinished business. 145 NEW BUSINESS 146 There was no new business. 147 ADJOURNMENT 148 149 150 151 152 153 154 155 156 157 158 159 Council Member Stoltz moved to adjourn at 7:55 p.m., to a special council work session for the purposes of interviewing a law firm and discussion of legal services, and discussion related to election information and public communications. Council Member O'Donnell seconded the motion. Motion carried. Community Calendar - A Look Ahead August 12, 2008 through August 25, 2008 4 Wednesday, August 13 4 Monday, August 18 4 Monday, August 25 4 Monday, August 25 Meeting cancelled 5:30 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Special Budget Work Session Council Work Session Council Meeting 160 161 These minutes were considered and approved at the regular City Council Meeting on August 25, 162 2008. 163 164 -4- • • • .165 166 167 • • COUNCIL, MINUTES August 11, 2008 DRAFT 168 Julianne Bartell, City Clerk John Bergeson, Mayor -5- —1 9— • • • DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 CITY COUNCIL SPECIAL WORK SESSION 4 5 DATE : August 11, 2008 6 TIME STARTED : 7:00 p.m. 7 TIME ENDED : 9:00 p.m. 8 MEMBERS PRESENT : Council Members O'Donnell, Reinert, Gallup, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT 11 12 13 Staff members present: City Administrator, Gordon Heitke; Economic Development 14 Coordinator, Mary Alice Divine. 15 16 Law Firm Interview — The council continued the process of interviewing selected law 17 firms who responded to the city's request for proposals for civil legal services. 18 19 Attorney Scott Baumgartner of Hawkins & Baumgartner P.A. was interviewed; Mr. 20 Baumgartner was asked the same questions that were posed to the previous interviewees 21 on August 4. 22 23 Discussion related to election information and public communications — Economic 24 Development Coordinator Divine noted that the Lino Lakes Charter Commission 25 submitted an article that they would like included in the city newsletter. Ms. Divine 26 recommended a different article that she prepared to inform readers about current city 27 topics. The Charter Commission chair has rejected Ms. Divine's proposal but did ask if 28 there was room for compromise. She is requesting council guidance. 29 30 The council concurred that it isn't appropriate to put a web site in a newsletter article that 31 isn't functional and whose content is unknown. Beyond that, the charter commission may 32 appreciate an attempt by the city to work with them. 33 34 The council directed that there should be communication with the charter commission to 35 see if there is some clarification that could make an article acceptable, otherwise the 36 council concurred that there will be no article in the newsletter. If the council does put an 37 item on the ballot, there will have to be communication with the citizens. 38 39 Communication Plan Proposal — Administrator Heitke recalled that at the last work 40 session the council received a proposal from Terri Heaton of Springsted, Inc., relative to a 41 communication and citizen awareness plan for a fall referendum. Ms. Heaton has 42 approached the city with some amendments to her proposal including some parameters; an 43 updated version has been distributed to the council. He believes Ms. Heaton is attempting 44 to address a concern that there could be multiple going back and forth between involved 45 groups with little progress and success and a resulting large bill. She would be open to CITY COUNCIL WORK SESSION -2- August 11, 2008 DRAFT 46 soliciting input from others but the plan would include meeting formally only with city 47 staff or the city council. 48 49 The council confirmed that Administrator Heitke has communicated to the charter 50 commission the council's goal of developing a communication plan of both the council and 51 the commission and that the commission could expect to be contacted about that in the 52 future. It was suggested that the commission's input should be requested in writing so that 53 it will be clear and part of the record. It will be important to keep the focus on informing 54 the public although there could be differing opinions on the information. 55 56 The council concurred that the communication plan should move forward, there should be 57 a single point of contact/direction and that the meetings held to discuss the plan should be 58 fully open to all including the charter commission. It will be vital to focus on facts and not 59 opinions and draft a plan that will inform the citizens. 60 61 The council discussed a schedule for further discussion of the communication plan; the 62 administrator will look for a date in September. 63 64 The mayor informed the administrator also that the council has inferred to the city attorney 65 candidates that they (the council) will be looking more at the matter at the September work 66 session. That discussion isn't driven by a deadline, however, so it may be more than one 67 meeting. 68 69 The meeting was adjourned at 9:00 p.m. 70 71 These minutes were considered, corrected and approved at the regular Council meeting 72 held on August 25, 2008. 73 74 75 76 Julianne Bartell, City Clerk John Bergeson, Mayor 77 78 • • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: August 25, 2008 TOPIC: Rescheduling of September Work Session VOTE REQUIRED: 3/5 BACKGROUND The Council's regularly scheduled first Monday of the month work session falls on the Labor Day holiday this year. Therefore the council wishes to consider rescheduling of their work session to Tuesday, September 2, 2008, 5:30 p.m. With an official action of the council to reschedule this meeting, staff will proceed with 411 the appropriate notification. • • Department of Public Safety POLICE David J. Pecchia Public Safety Director / Chief of Police August 9, 2008 Chief Dave Pecchia, As of today, August 9, 2008,1 am giving my resignation as police .off cer with the City of Lino Lakes. My last day of employment is August 9, 2008. Sincerely, Jennifer Randall 640 Town Center Parkway e2_8,a. Lakes, Minnesota • 55014-1182 Public Administration /Records: 651 -982 -2300 • Fax: 651- 982 -2399 • • AGENDA ITEM 1 F STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: August 25, 2008 TOPIC: Consider Proclamation of Constitution Week VOTE REQUIRED: 3/5 BACKGROUND September 17, 2008 marks the 221st anniversary of the drafting of the Constitution of the United States of America. The city has received a request from the Daughters of the American Revolution to recognize September 17 through September 23, 2008 as Constitution Week. RECOMMENDATION Approval of the attached Proclamation affirming Constitution Week, September 27 through September 23, 2008. CITY OF LINO LAKES COUNTY OF ANOKA PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17 -23, 2008 WHEREAS, September 17, 2008, marks the two hundred twenty -first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, John Bergeson, by virtue of the authority vested in me as Mayor of the City of Lino Lakes, County of Anoka, State of Minnesota, do hereby proclaim the week of September 17 through September 23, 2008 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the 1787 framers of the constitution by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed this 25th day of August, 2008. Adopted by the Lino Lakes City Council on August 25, 2008. John Bergeson, Mayor Julie Bartell, City Clerk • • • • • • AGENDA ITEM 2A STAFF ORIGINATOR AI Rolek MEETING DATE August 25, 2008 TOPIC Accepting Donation from Lexington Firemans Relief Assn. to Defray Cost of Annual Safety Camp Simple Majority VOTE REQUIRED As has been done in past years, the Lexington Firemans Relief Association has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. The method of funding for this is through charitable gambling proceeds. 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 charitable gambling proceeds directly. In the past, the charitable gambling proceeds have been donated 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 of charitable gambling proceeds from the Lexington Firemans Relief Association in the amount of $2,000 and authorize the issuance of a check in the amount of $2,000 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 of charitable gambling proceeds from the Lexington Firemans Relief Association in the amount of $2,000 and authorize the issuance of a check in the amount of $2,000 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 2B STAFF ORIGINATOR Al Rolek MEETING DATE August 25, 2008 TOPIC Accepting Donation from Lino Lakes Lions Club to Defray Cost of Annual Safety Camp Simple Majority VOTE REQUIRED BACK( OUND. The Lino Lakes Lions Club has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. The method of funding for this is through charitable gambling proceeds. 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 charitable gambling proceeds directly. In the past, the charitable gambling proceeds have been donated 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 of charitable gambling proceeds from the Lino Lakes Lions Club in the amount of $2,000 and authorize the issuance of a check in the amount of $2,000 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 of charitable gambling proceeds from the Lino Lakes Lions Club in the amount of $2,000 and authorize the issuance of a check in the amount of $2,000 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 3 A STAE+'N MEMBER Daniel Tesch, Director of Administration DATE 25 August 2008 SUBJECT Conditional Offer of Employment Police Officer VOTE REQUIRED 3/5 BACKGROUND The resignation of Jennifer Randall as police officer has created a vacancy in the Public Safety Department. We would like to make a conditional offer of employment to Mr. Joel Martin. Joel is a former Lino Lakes Police Officer who was hired in 2005 and resigned for personal reasons. Joel has indicated his desire to return to serve in our department. His reinstatement is contingent upon successful completion of a background check. OPTIONS 1. Make a conditional offer of employment 2. Decline to make a conditional offer of employment RECOMMENDATION Number One. • • AGENDA ITEM 3B STAFF ORIGINATOR: Dan Tesch, Director of Administration MEETING DATE: 25 August 2008 TOPIC: Background Checks VOTE REQUIRED: 3/5 BACKGROUND The Bureau of Criminal Apprehension (BCA) has informed Minnesota cities that if they would like their police departments to have continued access to their data base for the purposes of conducting criminal background checks the following revised ordinance must be adopted. The new ordinance provides remedies for applicants rejected on the basis of the background check. RECOMMENDATION Approve First Reading of Ordinance 12 -08. This will require a second reading and a roll call vote. ATTACHMENTS See attached Ordinance. ORDINANCE NO. 12 -08 ORDINANCE RELATING TO CRII'IINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES BE IT ORDAINED by the Mayor and Council of the City of Lino Lakes, Anoka County, Minnesota, as follows: Section 1. That the Lino Lakes City Code shall be amended by repealing Chapter 207.08. CHAPTER 207.08 BACKGROUND CHECKS Section 2. That the Lino Lakes City Code shall be amended by adopting the following new Chapter. SECTION 1 APPLICANTS FOR CITY EMPLOYMENT PURPOSE: The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non - criminal purposes of employment background checks for the positions described in Section 1.1. 1.1 CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city: Employment positions: All regular part-time or full-time employees of the City of Lino Lakes and other positions that work with children or vulnerable adults. In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, to include the City Council, the City Administrator, Director of Adminis.iation or other city staff as appropriate. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for employment on the basis of the applicant's prior conviction unless • • • the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication. SECTION: 2 APPLICANTS FOR CITY LICENSES PURPOSE: The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non- criminal purposes of licensing background checks. 2.1_ CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the city: City licenses: Liquor; Tobacco; Cabaret; Charitable Gambling; Special Event; Peddler, Solicitor, Transient Merchant; Taxicab; Pawnbroker, Precious Metal Dealers, Secondhand Good Dealers; Adult Uses (Sexually Oriented Businesses) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, to include the City Council, the City Administrator, Director of Administration, City Clerk or other city staff as appropriate. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for the license. D. That all competent evidence of rehabilitation will be considered upon reapplication. Section 3. That this ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Lino Lakes this day day of , 2008. , Mayor , City Clerk • • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia Public Safety Director / Chief of Police MEETING DATE: August 25, 2008 TOPIC: Consideration of Resolution No. 08 -96 authorizing execution of agreement with Dept of Public Safety for Safe & Sober Communities grant VOTE REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department has participated in the Safe & Sober Communities program for the past nine years. All law enforcement agencies in Anoka County participate in the program to collectively work at making the roadways safer throughout the enter county. The Coon Rapids Police Department will be the lead agency for all eleven law enforcement agencies for this traffic safety effort. RECOMMENDATION Approval of Resolution No. 08 -96 authorizing execution of an agreement with the Minnesota Department of Public Safety to participate in the Safe & Sober Communities program. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -96 AUTHORIZING EXECUTION OF AGREEMENT FOR SAFE & SOBER COMMUNITIES GRANT Resolved by the City Council of The City of Lino Lakes: That the Lino Lakes Police Department be authorized to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities, during the period of October 1, 2008 through September 30, 2009. Be It Further Resolved that the Chief of the Coon Rapids Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Lino Lakes Police Department and to be the fiscal agent and administer said grant. Passed by the Lino Lakes City Council this 25th day of August 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: AGENDA ITEM 6.A.i Paul Bengtson August 25, 2008 Byrne Langer Addition Resolution Number 08 -87 Preliminary Plat BACKGROUND Scott and Vicki Byrne have requested approval of the Byrne Langer Addition plat. This project involves the redevelopment of an existing residential lot in the Clearwater Creek 4th Addition neighborhood into two residential lots. The existing dwelling has been demolished and two new building pads will be created. ANALYSIS The following is a summary of the proposal: Site Area .92 acres Total Lots 2 Density 2.17 units /acre 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 Sewered Residential R -1 North Residential Low Density Sewered Residential R -1 South Residential Low Density Sewered Residential R -1 East Residential City of Hugo PUD West Residential Low Density Sewered Residential R -1 Growth Management: The site is located within the current MUSA boundaries, and the new unit created by Byrne Langer Addition fits within the policy of 147 per year and is eligible for platting immediately. Preliminary Plat Lots: The lots will be approximately 265 feet in depth, a minimum of 85 feet in width (measured at setback line), and a minimum of 16,918 square feet in area. All of these exceed the minimum standards of the zoning ordinance They are also similar in width and larger in area than the existing adjacent lots of Clearwater Creek 4th Addition. Setbacks: The submitted plans depict all of the required setbacks with the building pads shown. Streets: No additional roads are being proposed and the full right of way is in place for 65th Street. The existing road system can easily accommodate the traffic generated by the new home. Park Dedication: The current subdivision ordinance includes park dedication in the amount of $2075 per residential unit, less any land dedication. There is no land dedication needed, as Clearwater Creek Park is nearby. Utilities: Sanitary sewer and water is already in place in 65th Street presently. Both proposed lots must connect to utilities upon construction of new homes. Onsite septic systems must be abandoned according to law. These and other issues discussed in the City Engineer review memo must be addressed to his satisfaction. The Preliminary Plat shows drainage and utility easements, but the easement shown on the east property line of Lot 1 is 10 feet where only 5 feet is required; and there is no easement measurement shown on the north property line of both lots. The final plat shows the correct dimension for all of the drainage and utility easements required by the city. Grading: The grading plan has been reviewed by the City Engineer and his comments will need to be addressed to his satisfaction prior to the City Council review of the application. The Planning and Zoning Board approved the Preliminary Plat for the Byrne Langer Addition on May 14, 2008 by a vote of 6 -0. RECOMMENDATION Adoption of Resolution No. 08 -87, approving the Preliminary Plat, Byrne Langer Addition, subject to the following conditions: 1. All lots in the plat, including the existing home, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be appropriately abandoned. 2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 5. Park dedication must be paid in accordance with the city's fee schedule. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. This review is based on the following plans and information: City Engineer Comments dated May 8, 2008 • • • • • • Preliminary Grading Drainage and Erosion Control Plan submitted April 10, 2008 Preliminary Plat submitted April 10, 2008 Final Plat submitted April 10, 2008 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-87 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BYRNE LANGER ADDITION. WHEREAS, the City has received applications for developing an area known as BYRNE LANGER ADDITION; and WHEREAS, the development requires approval of a preliminary plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on May 14, 2008; and WHEREAS, the proposed plat meets the requirements of the City's Growth Management, Zoning and Subdivision Ordinances; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for BYRNE LANGER ADDITION with the following conditions: 1. All lots in the plat, including the existing home, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be appropriately abandoned. 2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 5. Park dedication must be paid in accordance with the city's fee schedule. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. Passed by the Lino Lakes City Council this 25th day of August 2008. John J. Bergeson, Mayor AT 1EST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of August 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. • • • �i s fi h (.t J( Crywvc( LL Ka l k �e ssi4 ✓� e'zs1ZOO BYRNE LANGER ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Scott R. Byrne and Victoria L. Byrne, husband and wife, owners of the following described property situated in the County of Anoka, State of Minnesota to wit: Lot 13, Block 3, CLEARWATER CREEK 4TH ADDITION. Have caused the same to be surveyed and planed as BYRNE LANGER ADDITION and do hereby donate and dedicate to the public for public use forever the easements as shown on this plat for drainage and utility purposes only. In witness whereof said Scott 1L Byrne and Victoria L. Byrne, have hereunto set there hands this day of , 2008. SIGNED: Scott R Byrne Victoria L. Byrne STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2008, by Scott R. Byrne and Victoria L. Byrne, husband and wife Notary Public My Commission Expires: County, Minnesota I hereby certify that I have surveyed and platted the property or directly supervised the surveying and platting of the land described on this plat as BYRNE LANGER ADDITION; that this plat is a correct representation of the boundary survey, all mathematical data and labels designated; all monuments depicted on the plat have been or will be correctly set within one year all water boundaries and wet lands as of this dale, as defined in Minnesota Statutes 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled. Mathew T. Kytonen, Land Surveyor Minnesota License No. 18213 STATE OF MINNESOTA COUNTY OF ANOKA The surveyor's certificate was subscribed and sworn to before me, a Notary Public. within and for said County and State this day of , 2008 by Mathew T. Kytonen, Minnesota License No. 18213. E A [)IA/ A Tr_—L) L_L_ / —\I \ V V / —\ I L_I \ / / / / / / / / I / / / / / / / 36.60 589'39'53 "E 104.06 1 ul \L_L_f \ A 7v Al 1 __,N I // \L./VI I I\JI / / Notary Public, Anoka County, Minnesota / My Commission Expires: LINO LAKES, MINNESOTA We hereby certify that the City Council of Lino Lakes, duly accepted and approved the plat of BYRNE LANGER ADDITION at a regular meeting thereof held this day of , 2008. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. CITY OF LINO LAKES, MINNESOTA By By: Mayor Clerk ANOKA COUNTY SURVEYOR This plat of BYRNE LANGER ADDITION was checked and approved by me this day of 2008. By: DRAINAGE AND UTILITY EASEMENTS SHOWN THUS I I 5.00 -1 10.00 _ _ _ 1 -5.00 r10 -00 J NOT TO SCALE BEING 5 FEET aJ WIDTH AND ADJOINING SIDE LOT LINES. AND 10 FEET IN WIDTH AND ADJOINING STREET LINES AND REAR LOT ONES, UNLESS OTHERWISE SHOWN ON THIS PLAT. / / / / / / T , r7 4-1729.1 L's1.5713 4;.\> L �I 06 —Q OS'00• 5i L 2 CITY OF LINO LAKES COUNTY OF ANOKA SEC. 25, T. 31N, R. 22W 1.9 100 ha uo t0 01 0 F` D • DENOTES FOUND IRON PIPE. DENOTES A 1/2 INCH BY 14 NCH IRON PIPE MONUMENT ® MARKED R.LS. N0. 113213. THAT WILL BE SET WITHIN ONE YEAR OF THE RECORDING OF THIS PLAT FOR THE PURPOSES OF THIS PLAT. THE EAST LINE DE CLEARWATER CREEK 4TH ADDITION IS ASSUMED TO HAVE A BEARING OF N 0176'40' E. 91.29 S 89'43'20' E A R 008 :TY iOFIJN•LAKES GRAPHIC SCALE TO m IN PEEL') SHEET 1 OF 1 SHEETS Grading- Drainage& Utility Plan BYRNE - LANGER ADD. — — — Denotes existing contour Denotes proposed contour N.G.V.D. Vertical Datum Qc000.Denotes proposed elevation. x 000.0 Denotes existing elevation —.► Denotes direction of drainage. ® Denotes Utility Box p O 0 Denotes Silt Fence NOTES: Approx. 6,000 Cu. Yds to be removed 1" copper TYPE K water service 4" Schedule 40 PVC sanitary service Saw cut area to be disturbed and replace with equivalent Utility trench to be compacted to 95% SPD (98% top 3 feet) All work to be done per City Standards Of: •Lot 13, Block 3, Clearwater Creek 4th Add. Anoka County, Mn. For: Scott and Victoria Byrne 1410 Canfield Rd. Lino Lakes, Mn. 55038 Tel. 651 - 653 -1873 Grading Notes: All City standards will be used for erosion control, silt fence installation and re— vegatation including seed & mulch types and rates. and hauled out via RECEIVED MAY 2 2008 CITY OF UNO LAKES Retaining Wall (Remove and re —.onst uct) 0 Elmcrest nt,68 Ave. '39'53 "W 935\ 9 \4 0 roll) N '932. 0 z \ N Q) 0 E 934x x934 934x X930 ----- - -936— `tea\ 9�2 San. Svc. =921 nito SCALE: 1 inch = 30 feet o Denotes Iron Sewer Q term oin 10 6 — '� —9 — N89'43'20 "W 5 Job No.: 106 -308 I hereby certify that this survey, plan or report was prepared by me or under my supervision and that I am a duly licensed Land surveyor under the laws of the state of Minnesota. T Doted this (I dat4 y ofMUi12008 By hiT `11 Mathew T. Kytonen Minn. Keg. No. iuzis 16 915 919' 65th Street GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. Bearings shown are on an assumed datum. \ -g2916 N Earth Science Assoc. 37445 Grand Avenue North Branch, Mn. 55056 651 - 674 -6210 • • AGENDA ITEM 6.A.ii STA}'N ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 25, 2008 TOPIC: Resolution No. 08 -88, Approving Development Contract, Byrne Langer Addition VOTE REQUIRED: Simple Majority BACKGROUND: The Byrne Langer Addition is located in the Clearwater Creek 4th Addition on the northeast corner of 65th Street and Elmcrest Avenue. The total acreage of the parcel is 0.92 acres. The lot splitting will create two parcels with two new residences. One of the new parcels has Sanitary Sewer and Watermain services that were installed with the Clearwater Creek 4th Addition and the other new parcel will have Sanitary Sewer and Watermain services install as part of this development agreement. The assessments for the new parcel with the existing services were paid as a part of the Clearwater Creek 4th Addition. The assessments for the services to be installed are included in the attached development agreement. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $75,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $2,500.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $4,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The Planning and Zoning Board approved the Preliminary Plat for the Byrne Langer Addition on May 14, 2008 by a vote of 6 -0. Scott Byrne has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approval of Resolution No. 08 -88 for the Development Contract, Byrne Langer Addition. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LADS RESOLUTION NO. 08-88 RESOLUTION APPROVING DEVELOPMENT CONTRACT, BYRNE LANGER ADDITION WHEREAS, the City Council approved a Preliminary Plat on August 25, 2008, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Scott Byrne for Byrne Langer Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of August 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. • • • • • DEVELOPMENT CONTRACT Byrne Langer Addition THIS AGREEMENT made this 25th day of August 2008, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Scott and Victoria Byrne 1410 Canfield Road, Hugo, Minnesota 55038 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council on xxxx, xx, 2008 for a plat of land within the corporate limits of the City known as Byrne Langer Addition, hereinafter called "Subdivision ", said land is legally described to -wit Lot 13, Block 3 of the Clearwater Creek 4th Addition. WHEREAS, the developer is splitting the above described land into two lots, with two additional residences, which will be legally described to -wit Lot 1 and 2, Block 1 of the Bryne Langer Addition. WHEREAS, certain improvements to service the subdivision have been made by a previous development and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and Byrne Langer Addition Development Contract August 25, 2008 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PAR'TIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary has been submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer has submitted an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan has been approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) All disturbed areas shall be seeded._ page 2 -39- • • • Byrne Langer Addition Development Contract August 25, 2008 c) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 4. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 5. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. 6. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 7. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 8. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 9. Cost of Developer Improvements and description are as shown on Attachment A. page 3 —40— Byrne Langer Addition Development Contract August 25, 2008 10. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 11. larantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended page 4 —41— • Byrne Langer Addition Development Contract August 25, 2008 for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS 1. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit 1. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (35 %) percent of the total estimated cost of City Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required City improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. page 5 —42— Byrne Langer Addition Development Contract August 25, 2008 IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. page 6 -43- • • • Byrne Langer Addition Development Contract August 25, 2008 VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies with the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. page 7 —44— Byrne Langer Addition Development Contract August 25, 2008 The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XL VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either parry to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. All lots in the plat, including the existing home, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be appropriately abandoned. 2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. page 8 —45— • Byrne Langer Addition Development Contract August 25, 2008 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. The Grading, Drainage and Utility Plan indicates that grading and silt fence installation will occur on the adjacent lot on the west side of the proposed addition. Written approval from the adjacent property owners must be submitted. 5. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 6. Park dedication must be paid in accordance with the city's fee schedule. 7. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 8. A boulevard tree shall be provided for each lot frontage. 9. The existing structure must be demolished prior to the recordation of the final plat. • XIII. VIOLATIONS/BUILDING PERMITS • A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication shall be paid by the Developer to the City for each lot. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 9 —46— Byrne Langer Addition Development Contract August 25, 2008 DEVELOPER CITY OF LINO LAKES By By Developer Mayor STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STA "1'E OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 10 —47— ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Byrne Langer Addition APPLICANT: Scott and Victoria Byrne ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) 7 SANITARY SEWER CONST. A. Sanitary Sewer B. Trunk Unit Charge (REU) C. Front Footage 8 WATERMAIN CONST. A. Watermain B. Trunk Unit Charge (REU) C. Front Footage TOTALS: • • BUDGET COST Estimate Estimate Estimate Estimate Estimate NOTE e e e e e NUMBER OF REU's: ASSESSED AREA (ac.): 0.92 AUGUST 25, 2008 2 DEVELOPER IMP. (X) $40,000 $0 $0 $0 $5,000 CITY ESCROW IMP. (Y) AMOUNT (Z) Estimate e Estimate e $0.124 c $0 $2,690 a $33.00 c $3,560 a $23.00 c $5,000 $2,690 $0 $5,000 $3,560 $0 $55,000 $6,250 $0 NOTE: City Improvements costs are based on one lot of the two lots. City Improvements for one of the lots was assessed with the Clear Water Creek 4th Addition Development Agreement. See Attachment B for security amounts to be posted. NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Byme Langer Addition NUMBER OF REU's: APPLICANT: Scott and Victoria Byme ASSESSED AREA (ac.): AUGUST 25, 2008 2 0.92 • BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee b $250 B. Planner Review Fee b $250 2 ENGINEERING A. Plan /Plat/Grading Review b $600 B. Preparation of Plans & Specs. b $0 C. Construction Services b $750 D. Construction Staking b $0 E. City Engineering b $1,500 3 ADMINISTRATION A. Administration Fee - 3% of const. 3% of const. a $0 B. Legal b $100 C. Publications b $50 4 DEVELOPMENT FEES A. Park Dedication $2,075 /each c $2,075 III B. Sealcoating Fee N/A a $0 C. Aerial Photo Fee $90 /unit a $90 5 BOULEVARD TREE PLANTING $480 /frontage b $960 6 DEVELOPMENT SECURITIES A. Tree Preservation $100 /unit b $200 B. Street Lighting - installation N/A b $0 C. Street Lighting - operation N/A b $0 D. Traffic Signing N/A b $0 E. Street, St. Swr., Pond Maint. N/A b $175 F. Other - Property Tax, FEMA N/A b $0 SUBTOTAL: $0 $0 $7,000 Escrow Credit $2,500 TOTALS: $0 $0 $4,500 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $75,000 $0 $75,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT $2,500 $0 $2,500 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $4,500 $4,500 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Cash Requirement per Agreement with Park Board • • • AGENDA ITEM STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: August 25, 2008 TOPIC: Byrne Langer Addition Resolution Number 08 -89 Final Plat BACKGROUND Scott and Vicki Byrne have requested approval of the Byrne Langer Addition plat. This project involves the redevelopment of an existing residential lot in the Clearwater Creek 4th Addition neighborhood into two residential lots. The existing dwelling has been demolished and two new building pads will be created. ANALYSIS The final plat is conforming to the preliminary plat and adequately addresses all requirements of the subdivision ordinance and the zoning code. This includes the appropriate drainage and utility easements which were inaccurately portrayed on the preliminary plat. The city attorney has reviewed and approved the title commitments for the property, and the Development Agreement will assure all conditions of the preliminary plat are implemented when the sites are developed with homes. RECOMMENDATION Adoption of Resolution No. 08 -89, approving the Final Plat for Byrne Langer Addition. This review is based on the following plans and information: Final Plat submitted April 10, 2008 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-89 RESOLUTION APPROVING 'THEE FINAL PLAT FOR BYRNE LANGER ADDITION. WHEREAS, the City has received applications for developing an area known as BYRNE LANGER ADDITION, and WHEREAS, the development requires approval of a final plat; and WHEREAS, the proposed plat meets the requirements of the City's Growth Management, Zoning and Subdivision Ordinances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the final plat for BYRNE LANGER ADDITION. Passed by the Lino Lakes City Council this 25th day of August 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of August 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 6B STAFF ORIGINATOR: Marty Asleson CITY COUNCIL MEETING DATE: August 25, 2008 TOPIC: Consideration of Resolution No. 08 -90, Approving Cost - Share in Reshanau Lake Water Quality Efforts VOTE REQUIRED: 3/5 BACKGROUND: Reshaneau Lake is classified as impaired water by the Minnesota Pollution Control Agency. This means that the lake does not meet minimum requirements for clean water as defined for human usability. By the nature of the Clean Water Act and the Non -Point Discharge Elimination System, and the establishment of Cities as Municipal Separate Storm Water Sewer Systems (MS4) this also means that there is a responsibility to restore waters to as near acceptable quality as possible. This is done through controlling external pollutant loading sources and the management of intemal pollutant loading sources such as decomposing weeds. Curly -leaf Pond Weed is well established in Reshaneau Lake. Curly -Leaf Pondweed is an invasive aquatic plant from Eurasia. The plant has displaced native plants in Reshaneau Lake. Curly -leaf Pondweed forms dense mats in the spring and later dies, sinks to the bottom of Reshaneau Lake and creates a phosphorous release that causes an algae bloom and strong odor. This is an internal pollutant load of Reshaneau Lake that is desirable to control. Please see Attachment 1, Reshenau Lake Management Plan, (Curly -leaf Pondweed Management) dated 4/8/2005 for a more comprehensive history of lake management efforts, and memo from Mathew Kocian from the Rice Creek Watershed District (RCWD). Over the last 3 years property owners around the lake have been working with the Rice Creek watershed District to address the water quality problems. The process started with the creation of a management plan. Property owners and the watershed District have been cost sharing remediation efforts to implement the plan. Initial results have been positive. Treatment of the lake is proposed to be continued in to 2009. The City owns approximately 1800 feet of lake shore and given our MS4 responsibilities we are proposing to contribute to this process. Request: A projected Lake Restoration Budget for 2009 is around $40,000. Property owners, RCWD and the City are all stakeholders in restoration efforts. The Lino lakes Environmental Board Recommended that the City use $5000 of our Surface Water Management account monies to contribute to restoring Reshanau Lake. Monies would be used in the spring of 2009 to herbicide treat Curly -leaf Pondweed. It is hoped that after a few years of intensive treatment, regeneration of new curly -leaf pondweed will have been arrested. Other management issues can then proceed to improve water quality to a "swim - ability" status. RECOMMENDATION: Adopt Resolution No. 08 -90 Approving Cost Share in Reshanau Lake Water Quality Efforts. ATTACHMENTS: 1. Resolution 08 -09 2. Reshanau Lake Management Plan 3. Memo from Matthew Kocian, RCWD • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-90 RESOLUTION TO CONSIDER APPROVING COST SHARE IN RESHANU LAKE WATER QUALITY EFFORTS WHEREAS, The City of Lino Lakes owns approximately 1800 feet of shoreline on Reshanau Lake, AND WHEREAS, Reshanau lake is listed with the State of Minnesota as an impaired lake water, AND WHEREAS, The City of Lino Lakes is a listed MS4 having responsibility to improve the gvnality of Reshanau Lake, AND WHEREAS, The Rice Creek Watershed District has written a plan to improve lake water quality with an initial effort focus on invasive weed control AND WHEREAS, Property owners, The Rice Creek Watershed District and the City of Lino Lakes desire to cost share water quality improvement efforts to Reshanau Lake, AND WHEREAS, The Lino Lakes Environmental Board reviewed the Reshanau Lake Water Quality restoration on July 31St of 2008, and recommended the City use $5,000 of the Surface Water Management monies to control Curly -Leaf Pondweed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes contribute $5,000 of Surface Water Management monies in the spring of 2009 to control Curly -leaf Pondweed in Reshanau Lake. 110 Julianne Bartell, City Clerk John Bergeson, Mayor Adopted by the Lino Lakes City Council this _th day of , 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. • • • • RESHANUA LAKE MANAGEMENT PLAN (Curly -leaf Pondweed Management) 4/8/2005 RICE CREEK WATERSHED DISTRICT -56- Reshanau Lake Management Plan February 8, 2005 RESHANAU LAKE MANAGEMENT PLAN Table of Contents I. Introduction Page 2 H. Problem Statement Page 2 III. Management Goals Page 2 IV. History /Summary of Existing Data Page 4 V. Situational Analysis Page 5 VI. Objective Page 6 VII. Budget and Timeframe Page 8 VIII. Organization Page 8 IX. Funding Page 9 X. Summary Page 9 List of Figures Figure 1 Drainage area for Reshanau Lake G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005- 04- 13 \Reshanau mga t plan.doc l • • • Reshanau Lake Management Plan L Introduction During the summer of 2004, a number of residents, who own property on Reshanau Lake, observed that the submerged aquatic vegetation (SAV) growth that year was considerable and that the SAV growth had made the Lake less desirable and less usable than previous years. The SAV that dominates the lake is Potomogeton crispus (curlyleaf pondweed). On August 20, 2004, a meeting was held by individuals who own property on Reshanau Lake to consider what options were available to make improvements to the quality of the Lake. Representatives from The DNR and the Rice Creek Watershed District were present and spoke about issues related to the Lake. In summary, the Lake is not in a desirable state. No objective measurements had been made on the Lake in some time; however, it is believed that the lake could be improved through the efforts of a variety of individuals and organizations. A lake management improvement partnership is being formed with property owners on Reshanau Lake, other users of Reshanau Lake, property owners in the contributing drainage area of Reshanau Lake, the Rice Creek Watershed District (RCWD), and other governmental and regulatory agencies with responsibility for Reshanau Lake. Figure 1 shows the drainage area for Reshanau Lake. On, October 2, 2004, a group of property owners met with a representative of the RCWD and Department of Natural Resources (DNR) to begin the preparation of a comprehensive plan to improve the quality of Reshanau Lake. II. Problem Statement Reshanau Lake is highly eutrophic (meaning that there is an excessive amount of phosphorus and algae growth). The lake also has a high density of curlyleaf pondweed growing throughout the basin. The curlyleaf pondweed has two main problems: 1sY it grows to the surface and creates a canopy that is nearly impassable by recreational watercraft, 2nd it dies in late June to early July which will send a pulse of total phosphorus (TP) into the water column that triggers a nuisance algal bloom. This algal bloom turns the water dark green and inhibits any type of water contact activity. The City of Lino Lakes owns a park on the south shore that has a public swimming beach that gets very limited use partially because of the nuisance algal blooms. III Management Goals The management goal set for Reshanau Lake is to reduce the abundance of curlyleaf pondweed and increase the amount and diversity of native SAV species. Another goal is to reduce the in -lake phosphorus concentration to 60 parts per billion (ppb). This phosphorus level would reduce the frequency and duration of algal blooms and increase the recreational use of the lake. G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005 -04 -13 \Reshanau mgmt plan.doc2 —58— Figure 1: Reshanau Lake Watershed Boundary —59- 0.2 5 9- 0.2 0 0.2 0.4 Miles • • Reshanau Lake Management Plan IV. History/Summary of Existing Data Reshanau Lake was formed by dredging the swampy area, roughly where the lake now exist, in the late 1960's and early 1970's. The material removed from the lake was used to make what is now Chomonix Golf course and to make build able lots on the lake's perimeter. For a number of years, the lake was treated annually by a commercial applier but was discontinued for some reason before 1995. Over the years individual property owners have applied some chemical treatments with marginal or no apparent success. Attempts have been made over the years to form an Association of property owners but have been unsuccessful. In 1995 a study of Reshanau Lake was conducted by Montgomery Watson (Attachment A), which provides some historical and benchmark data. This report shows that Reshanau Lake is Eutrophic (high in nutrients) and does not support swimming or other contact water activity according to Minnesota Pollution Control Agency (MPCA) standards. The report also suggests that the growth of the exotic curly -leaf pondweed contributes significant phosphorus to the lake. A summary of the 1995 lake monitoring report shows that the in -lake total phosphorus (TP) levels averaged 110 ug/L during the growing season. "1'P is the nutrient that drives algal productivity in most northern latitude states. This nutrient is generally the limiting factor for plant growth. Since this nutrient is often associated with man induced activities, it is almost always the nutrient that lake managers target to reduce the frequency and duration of algae blooms and to help control SAV growth. TP entering the lake is coming from four primary sources. Theses sources are County Ditch 25 (CD25) which enters on the east side of the lake, a small tributary creek which enters the lake on the south side, internal cycling of TP from the die off and decomposition of curlyleaf pondweed, and direct drainage from manicured lawn runoff and possible failing septic tanks. The early summer TP levels are 70 µg/L and peak at 140 µg/L in late July. This peak TP concentration coincides with the die -off and decomposition of curlyleaf pondweed in the lake. Looking back at the 1995 stream monitoring data also suggests that during the flashier stream flow period of July and August TP export from CD 25 is higher. The Chlorophyll -a (CHLA) concentration averaged 39µg/L during the growing season and was at a low of 11 4g/L in early June and peaked at 121 µg/L in early August. CHLA measurement is a measurement of plant productivity in a lake. All vascular plants produce CHLA and this measurement is related to the amount of algae when a surface water sample is collected and analyzed. CHLA concentrations generally increase with an increase in TP concentrations. The CHLA cycle is also attributable to the die -off and G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005- 04- 13 \Reshanau mgmt plan.doc4 —60— Reshanau Lake Management Plan decomposition of curlyleaf pondweed in the lake. Secchi disk transparency (SD) is the surrogate measurement for the depth that Tight penetrates the water column. This measurement is related to the depth of submerged aquatic plant growth. Typically plants will grow to a depth of 1.5 times the SD reading. SD readings can be affected by either sediment in the water column or by algae growth as measured by CHLA. The SD mirrors the CHLA concentrations. This suggests that water transparency is directly related to CHLA production and reduction of CHLA concentrations will improve water clarity. V. Situational Analysis Currently, no formal or informal group exists which is capable of making any decisions regarding the approval of any proposed plan regarding the Lake. There are at least three options that are being considered. I) To establish an Association of Property Owners on the Lake and collect money to do whatever the group decides the money should be spent on. 2) To establish a "Lake Improvement District" (LID) which is a formal entity recognized and approved by the county and the city, which allows for the collection of funds through property tax bills, to be spent on studies and projects which benefit the district. There are a number of issues to be dealt with if we choose this option. 3) To ask the Rice Creek Watershed District to establish a "Special Taxing District" to collect money to administer this plan. In January 2005, a list of 153 property owners on Reshanau Lake was obtained from the Anoka County Geographical Informational Services (GIS) department. Recently, a mailing was sent to all of these property owners which outlines what is being proposed in this plan. It is our intent to contact and meet each of these property owners individually to obtain their approval of this plan in the form of a signed petition to be presented to the Rice Creek Watershed Board. VI. Objective The main objective is to form a cooperative effort between lakeshore property owners and the RCWD to improve the overall water quality and aquatic plant community in Reshanau Lake. Currently the lake is not a community asset because of excessive algal blooms. With some remedial activities, the lake can become an asset to the community and downstream water bodies. G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005 -04 -13 \Reshanau mgmt plan.doc5 • • Reshanau Lake Management Plan The plan proposes a goal that can be measured in quantitative terms such as a "Tropical State Index (TSI). The TSI is a measurement used by lake managers to describe a condition of a -lake based on three variables: Total Phosphorus, {(TP), nutrient concentration) }, Secchi Transparency {(SD), water clarity) }, and Chlorophyll -a {(CHLA), algae concentration) }.This measurement was quantified during the 1995 study and was determined to be "68." The MPCA (1990) classifies lakes based on TSI into the following categories, 1) lakes which fully support swimming, 2) lakes which partially support swimming, and 3) lakes which are non - supporting of swimming. The 1995 measurement for Reshanau Lake of "68" categorizes the lake as a "lake which is non - supporting of swimming." Assuming that no more recent data exists, and that quality of the lake has probably not improved and likely decreased since the 1995 study, we propose establishing a summertime TSI rating of less than 57.This would correspond to a TP concentration of 60 ppb, SD of >1= 1.2 m, and a CHLA concentration of < 25 ppb. Achieving a growing season average TSI of 62 or less would characterize the lake as partially supporting swimming. Both the duration and frequency of algal blooms would be reduced to less than 25% of the summer. We would like to achieve this goal by 2008. The following activities were considered to varying degrees during the last six months: Harvest rough fish Harvest curly leaf pondweed Obtain benchmark data Controlling the migration of rough fish from other lakes Chemical treatments to try eradication of curly leaf pondweed Shoreline restoration Controlling lake elevations Communication and education Street and storm sewer issues All of the above management practices alone will not significantly change the water quality of the lake. A combination of management strategies will need to be implemented over a period of time to achieve the desired results. It was decided to focus on those activities we perceive to provide the greatest potential for a positive impact on the lake and the surrounding watershed. And, begin a more comprehensive program of monitoring the Lake and input sources to identify areas to focus on in the future. The specific strategies of the Plan are as follows: G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005- 04- 13 \Reshanau mgmt plan.doc6 —62— Reshanau Lake Management Plan As appropriate, begin communicating to, and educating, individuals and property owners in the Lake Reshanau watershed as to how their activities may positively or negatively impact the quality of the lake and watershed. Coordinate with the Public education coordinator from RCWD to distribute literature about good housekeeping practices about preventing nutrients from washing off into the lake. Conducting storm drain stenciling to further awareness about the connection to the lake via storm sewers. VII. Budget and Timeframe This plan focuses on a three -year timeframe starting in the summer of 2006 and ending in the fall of 2008. It is expected that if these programs are effective at improving the water quality of Reshanau Lake this plan may be revisited and modified to reflect the current thinking at that time. However, if at the end of three years or if it is determined that prior to the end of three years, that these program are having no positive effect on Reshanau Lake, they will be discontinued and no additional funding will be provided. Line Items 2006 2007 2008 1) Fish Harvest $8,000 2) Chemical $60,000 $50,000 $40,000 Treatment 3) Monitor Lake and RCWD(in -kind) inflows 4) Algae Treatment $1,000 $1,000 $1,000 5) Education and $500 $500 $500 Communication Material 6) Aquatic plant RCWD (in -kind) mapping — twice a year Total $69,500 $51,500 $41,500 VIII. Organization A group of property owners have been operating as a "steering committee" since the fall of 2004. They have been responsible for the compilation of this G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005- 04- 13\Reshanau mgmt plan.doc8 • • • • Reshanau Lake Management Plan "Plan" with the assistance of RCWD staff and other affected entities. They have been responsible for facilitating communications between the property owners and RCWD. Their participation is voluntary and any property owner on Reshanau Lake is welcome to participate. IX. Funding The Plan suggests that primary funding for these projects comes from the individual property owners on Reshanau Lake either voluntarily or through the formation of some sort of Taxing District such as a Lake Improvement District (LID) or a special taxing district through the Rice Creek Watershed District. The creation of these Taxing Districts would facilitate the collection of funds and ensure greater participation. Secondary funding for Plan projects will come from various governmental, regulatory, benefiting entities of Reshanau Lake. Including, but not limited to, the Rice Creek Watershed District, the City of Lino Lakes, the County of Anoka, the DNR, and others to be determined. X. Summary The Reshanau Lake homeowners are asking that The RCWD review this Plan to ensure that it is consistent with other lake management efforts within our area and to advise and assist in the implementation of this plan. The Reshanau Lake homeowners would like assistance in monitoring water quality, documenting aquatic plant communities, monitoring inflow sources, and securing supplemental funding. While the primary focus of this plan is a three -year timeframe, we do not want to close our eyes to other opportunities, which may present themselves now and in the future, which may positively impact Reshanau Lake. These include but are not limited to: The possible acquisition of land for the construction of a holding pond. The use of mechanical and or electronic fish barriers "Demo" Rain Gardens Means of controlling lake elevation Shoreline restoration projects G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005 -04 -13 \Reshanau mgmt plan.doc 9 —64— Reshanau Lake Management Plan 1) Conduct intensive lake- monitoring program in 2005 to inventory current conditions and propose specific strategies to mitigate problems. This monitoring will include in -lake water chemistry, stream flows and chemistry and lake SAV maps during June and August. This data will be needed to get an approved lake management plan to the MN DNR to implement a chemical treatment application for SAV beyond the 15 % allowed under State law. 2) Early in 2005, contract with a commercial fisherman to harvest the rough fish from Lake Reshanau and other Lakes in the watershed as determined by the Rice Creek Watershed District. The necessary permits have been secured and they are currently tying to locate the best location to conduct the harvest(s). The rough fish population in the Chain of lakes is high. These fish consume SAV and distribute phosphorus rich lake sediment into the water column during feeding activities. The suspended sediment reduces water clarity and increases available TP for algae growth. 3) Investigate the potential for placing a fish barrier on the outlet of the lake at west shadow Lake road. 4) Chemically treat the entire lake with a herbicide to kill the non - native curly leaf pondweed. Chemical treatment could begin in 2006 with annual applications occurring each spring through 2008 to treat the residual curlyleaf turions pending MN DNR approval of the Lake Management Plan. After three years the treatments should be reconsidered in the hope that native vegetation will have re- established itself and that the curly leaf pondweed will have diminished to a point that widespread commercial treatment will not be necessary. 5) Upon completion of the treatment for curly leaf pondweed and in conjunction with the algae bloom resulting from the decomposition of the curly leaf pondweed, we propose to commercially treat the algae with copper sulfate. 6) If the above lake management strategies are successful there is a potential for excessive growth of native vegetation. If growth of native plants reaches nuisance levels a separate management plan will be written in the future to address these issues. In 2005, begin a comprehensive plan to monitor the Lake to determine what impact these strategies are having on the existence of the non - native curly leaf pondweed, and the re- establishment of native aquatic vegetation. In addition, begin testing more specific measurements like phosphorus levels, chlorophyll, dissolved oxygen, and water clarity to quantify progress. G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005 -04 -13 \Reshanau mgmt plan.doc7 • • • Reshanau Lake Management Plan Facilitating adequate storm and sewer systems in the area surrounding Reshanau Lake All of these and others will require additional research to determine there applicability to water quality issues and how and what funding may be available. G:\Admin \Board\Agenda Paks\2005 Agenda Paks\2005 -04 -13 \Reshanau mgmt plan.doc10 • • • To: Marty Asleson From: Matthew Kocian (763- 398 -3075) Subject: Reshanau Lake — Curlyleaf Pondweed Control Date: 7/21/2008 Background / Discussion Reshanau Lake, located in Lino Lakes, MN, supports a substantial population of curlyleaf pondweed (Potamogeton crispus). Curlyleaf pondweed is a non - native plant species that is characterized by its unusual life- cycle. The submerged plant begins growing while ice is still present on lakes. It dies around mid- summer, at which time the plant decomposes in the water column. It can grow in dense stands, often outcompeting native plants. In cases where the density is very high, as in Reshanau Lake, the decomposition of the plant material at mid - summer releases significant amounts of phosphorus. Excess phosphorus fuels algal growth and can result in poor water clarity. Dense curlyleaf populations can also inhibit recreation by forming surface mats. Aquatic vegetation surveys in Reshanau Lake have found curlyleaf present at roughly 95% of survey sites, and at all depths. Many sites exhibited high curlyleaf density. Very little native aquatic vegetation was found during surveys. Ongoing Control Herbicides have been used to control curlyleaf pondweed in Reshanau Lake since 2005. Treatments have been effective at controlling curlyleaf:, each of the 130 monitoring stations does not support curlyleaf after herbicide treatment. In 2008, the cost of the chemical treatment was $35, 814. The cost of the treatment was split 50/50 between the Rice Creek Watershed District and residents of Reshanau Lake. The vendor responsible for the treatment has warned of future price increases, as demand for the chemical increases. • • STAFF ORIGINATOR: AGENDA ITEM 6C Michael Grochala CITY COUNCIL MEETING DATE: August 25, 2008 TOPIC: Consideration of Resolution No. 08 -95, Accepting Land Conveyance, Parcel 15 ROW Plat No. 1, State of Minnesota. VOTE REQUIRED: Simple Majority BACKGROUND: In 1992 the City Council authorized the acquisition of property for the purpose of constructing Apollo Drive through what is now the Apollo Business Park. City Right -of- Way Plat No. 1 identified the parcels to be acquired. Parcel 15 of the plat is owned by the State of Minnesota and is part of the Lino Lakes Correctional Facility property. In 1993 the City acquired a permanent easement for street and utility purposes over parcel 15. The permanent easement includes a triangular area that lies south of the physical roadway improvements. in January of 2008 both the City and State were notified by the property owner at 400 Apollo Drive that their northeastern driveway access was located on State property encumbered by the City's easement. Since there was no easement or agreement of any kind for the driveway, the attorney for the owner contacted the State to resolve the issue. After reviewing the issue it has been determined that it is in the best interest of the State of Minnesota and the City of Lino Lakes for the State to quit claim its interest to the land described as Parcel 15, City of Lino lakes RAN Plat No. 1 to the City. Following this conveyance the land would become public right -of -way and the driveway issue would be resolved. RECOMMENDATION: Staff recommends approval of Resolution No. 08 -95. ATTACHMENTS: 1. Resolution No. 08 -95 2. Parcel 15 RNV Plat No. 1 3. Survey, 400 Apollo Drive Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -95 ACCEPTING CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE STATE OF MINNESOTA PARCEL 15, CITY OF LINO LAKES R/W PLAT NO. 1 WHEREAS, the City, in 1992, authorized the acquisition of certain real property for the purpose of constructing public street and utility improvements; and WHEREAS, the City acquired a permanent easement over property owned by the State of Minnesota legally described to wit: Parcel 15, City of Lino Lakes R/W Plat No. 15 ; and WHEREAS, it has been determined that it is in the best interests of the State of Minnesota and the City of Lino Lakes for the State to convey its interest to said parcel to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City hereby accepts the conveyance of Parcel 15 City of Lino Lakes RNV Plat No. 15 from the State of Minnesota. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of August, 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. • • • • ;.{war w • %.•t.r. • 3E32— 32 4 ` l R` 6- \ 56 •20°ti1, 7k-c � 6 R T `t / "7" .30' TEMP. CONSTR. ) -•- 237.82 -- E .�E/J • / \,' 6y / ki 66 l 1 ,hest Line of Fast co /��6' f f / /� 383 ft • of South half / / o� sec. ra / / s / ua / 6 o / /Fk5 ' / /. ' / / / / / / j. / / • /. (\ 2_ 10/ cad riN 0 0 0 02 Z W i e m 1 = $ 1 1 Ei t a i 11 i I 3SOitote : N Ire[ R K 241 d ,,S%, \ 0 Q N 0 a m 0 T \ \ \ E C 5'•, t . es, � a \ t ties Z C 0 e, {y{ .Ee FRI 35m acloOS 02 0 1 fTh W C O to 0 0 0 0 gf 3 a 1 h !E {t, (if fit 1 E 1 E i 1 _71- mein • • • • • DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 CITY COUNCIL WORK SESSION 4 5 DATE : August 4, 2008 6 TIME STARTED : 5:30 p.m. 7 TIME ENDED : 9:05 p.m. 8 MEMBERS PRESENT : Council Members O'Donnell, Reinert, Gallup 9 and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Stoltz, 11 12 13 Staff members present: City Administrator, Gordon Heitke; Community Development 14 Director, Mike Grochala; Director of Public Safety, Dave Pecchia; Finance Director, Al 15 Rolek; Economic Development Coordinator, Mary Alice Divine; City Engineer, Jim 16 Studenski; City Clerk, Julie Bartell 17 18 1. Charter Commission Update on Proposed Charter Amendment - Cori Duffy, 19 Chair of the Charter Commission, reported. On July 18, 2008 the council received a letter 20 from the commission officially rejecting the council's second proposed amendment with 21 the exception of recommending approval of the repeal of Section 8.07 of Chapter 8 of the 22 City Charter (Special Provisions — exempt zones) as an ordinance. 23 24 Ms. Duffy also presented the council with the commission's budget request for 2009. The 25 commission requests additional funding for 2009 in the amount of $7,500. 26 27 The council discussed the implications and timing considerations of moving forward on 28 either of the amendments (the amendment by ordinance repealing Section 8.07 and /or the 29 council's second proposed amendment). The council recognized that there is agreement 30 with the charter commission in one area and that is valuable, however, there remains a 31 problem with getting roads fixed in the city. 32 33 The council thanked the commission for their efforts and the extra time they put in on the 34 amendment issue. 35 36 City Clerk Bartell reviewed the statute mandated process that would dictate a schedule if 37 the council wants to proceed with the amendment by ordinance. 38 39 The council discussed the question of benefit to the city of passing the amendment 40 proposed by ordinance. It was noted that just removal of the 41 42 The council suggested that they did not want to vote on this ordinance this evening. They 43 would like to first understand how the two ordinances can or cannot move forward 44 together. 45 CITY COUNCIL WORK SESSION -2- August 4, 2008 DRAFT 46 2. Communication Consultant Proposal - Terri Heaton, Springsted, Inc. reviewed 47 the written report before the council. Springsted is responding to the council's request for 48 a proposal to assist the council with the proposed referendum regarding the current process 49 for bonding for road improvements that are partially assessed. They propose to partner in 50 the effort with a communications specialist (Dustin Deets) with referendum experience. 51 Springsted understands that they would have to remain flexible while the council discusses 52 the options. They could begin work immediately on preliminary items such research on 53 key considerations, analyzing plan components and some development. They see the role 54 of the communications plan as unbiased education for voters — providing the facts so the 55 voters can make an informed decision. They would like to have a key contact person at the 56 city with whom they would work. Regarding fees, they have laid out their hourly charges. 57 They would anticipate a not to exceed amount at some time in the process but are willing 58 to trust that will come together as the program unfolds. 59 60 A question was posed on whether Springsted could work with "both camps" since there are 61 obviously different points of views. The goal is voter education to give the citizens the 62 opportunity to make an educated decision. Ms. Heaton responded that they absolutely 63 would intend to provide unbiased information. They would prefer to have one group (such 64 as the council) directing the program however. 65 66 While the council sees the process evolving around the presentation of ideas and reasoning 67 from both (all) sides; there are some indisputable fact that there hasn't been a road 68 improvement in 30+ years. There is also the information provided in the professionally 69 produced Pavement Management Plan (PMP). 70 71 Ms. Heaton suggested that they ( Springsted) could proceed at this point with a not to 72 exceed amount of $5,000 with the understanding there will be more information/discussion 73 soon. The Pavement Management Plan (PMP) would be the starting point for their work. 74 75 The council discussed that funding for the program would have to come from the 76 contingency fund. The council consensus was that something needs to move. 77 What elements would commence immediately? 78 79 Ms. Heaton suggested that 1) development of the question that the council wants to ask; 80 2) work with legal counsel on drafting language; 3) information provided to the 81 communication consultant. 82 83 It was clarified that the council can only put their current amendment proposal on the 84 ballot. 85 86 Administrator Heitke noted that the Charter Commission has a communication process in 87 place. Does the council want to offer the services of the consultant also? 88 89 A council member suggested that staff offer to the charter commission that there is a 90 professional communication service available to the commission and ask if they want to 91 participate in a process to objectively explain the charter language and proposals. • • • • • CITY COUNCIL WORK SESSION -3- August 4, 2008 DRAFT 92 93 Ms. Heaton suggested that if they (Springsted) are to actively participate in meetings such 94 as the charter commission, that will be time consuming and it will increase the cost 95 estimate. 96 97 It was suggested that framing the background information and proceed from that point it 98 should help. 99 100 Council concurred that Springsted should move ahead on the preliminary work and keep in 101 touch with staff so the council can be kept up to date. Authorization to proceed with the 102 arrangement with Springsted will be added to the council agenda for Monday, August 11. 103 104 3. Town Center Update - Finance Director Rolek noted reviewed the previous 105 discussions about the Town Center financing situation (assessment delinquencies). 106 Options discussed have been utilizing an interfund loan, general tax levy or a bond 107 refunding strategy. He introduced the city's financial advisor, Terri Heaton of Springsted, 108 to discuss refunding options. 109 110 Ms. Heaton, Springsted, Inc. explained that the bonds that the council is looking at are 111 assessment related so; ultimately, they will be paid. She distributed a chart indicating 112 possible refunding options. The council should consider what to do until the payments 113 come in. Three options were presented — a fixed advance through 2011 where there is a 114 balloon payment in 2011 and then regular payment resume; a full advance through 2013; 115 and a change to a variable rate. The information presented for council review — a decision 116 does not need to be made this evening. 117 118 A council member commented that one consideration in the decision could be that 119 allowing more time allows the city to stay within the original plans for the development 120 area. 121 122 Finance Director Rolek suggested that the council should make a decision this fall. To 123 preserve future options, a refunding is the preferred option. 124 125 The council confirmed that the bonds will be marketable if offered. 126 127 There was discussion about who actually owns the property in question (the land is held by 128 Marshall — representing all the banks involved). 129 130 There was concerned expressed that a variable rate would be more risky with the public 131 dollar. 132 133 The council asked for more information on "interest rate swapping" and Ms. Heaton 134 suggested that she will review that possibility. 135 136 Staff will return next month with a recommendation. 137 CITY COUNCIL WORK SESSION -4- August 4, 2008 DRAFT 138 4. Prosecution Legal Services Proposals — Police Chief Pecchia reported that he has 139 reviewed the proposals submitted and has had discussions with the City Administrator. He 140 is recommending a contract with Sweeney, Borer & Sweeney, and P.A. Benefits are 141 savings ($24,000 per year) and experience. The firm has a long standing reputation and 142 good relationship with the City of Blaine and Anoka County legal system. When Scott 143 Baumgartner took over for Mr. Hawkins, there was a diminishment in experience but not 144 in charges. The $10,000 per month proposal with the experience of Sweeney and Borer is 145 favorable. 146 Staff will bring the recommendation of a contract with Sweeney, Borer & Sweeney, and 147 P.A. at an appropriate time in the future. 148 5. Liquor Ordinance — Due to time constraints, there was no discussion of this item. 149 6. Regular Meeting Agenda — The regular council agenda for the meeting of August 150 11, 2008 was reviewed; there were no changes to the agenda. 151 7. Interview Questions for Prospective Law Firms 152 8. Interview Law Firms 153 7:30 p.m. Ratwik, Roszak & Maloney, P.A. — Attorneys Joseph Langel and 154 Jay Squires were interviewed on behalf of the firm. 155 7:50 p.m. Kennedy & Graven, Chartered — Attorneys Michael Norton and 156 Corrine Heine were interviewed on behalf of the firm. 157 8:10 p.m. Campbell Knutson, P.A. — Attorneys Andrea Poehler and Tom 158 Scott were interviewed on behalf of the firm. 159 160 The meeting was adjourned at 9:05 p.m. 161 162 These minutes were considered, corrected and approved at the regular Council meeting 163 held on August 25, 2008. 164 165 166 167 Julianne Bartell, City Clerk John Bergeson, Mayor 168 169 -f-n;+ be -hD burtac;) g'--2 S Zo o ' (0.--(ft Vvt e-014A/1-ca tAA-7(7). C 1 T Y- F August 21, 2008 Martha DeHaven 1612 Birch Street Lino Lakes, MN 55038 Re: Minor Subdivision Request Dear Ms. DeHaven: The City has received your request for a minor subdivision of your property for the purposes of a reverse mortgage, dated August 8, 2008. Staff has performed a preliminary review of the submittal and has a number of comments to guide the project. However, I regret that the submittal is incomplete and therefore will we not be able to process the application at this time. I have listed the missing information below that must be submitted to complete the application. Additionally, I have included some advisory comments that should be addressed as you complete your submittal. Please note that this letter does not represent a complete review of your submittal. Incomplete Items 1. $1,000 escrow deposit. The City's fee ordinance establishes an escrow deposit to cover expenses incurred by the City to review land use applications. Planning, engineering and legal costs are charged to the account on a time billed basis. Dollars remaining upon completion of the review are returned to the applicant. 2. Letter from Financial Institution. Sec. 3, Subd. 3B.2 of the zoning ordinance requires that the applicant making a request for a lot split based upon requirements of a lending institution shall provide written verification from the lender of such requirements at the time the application is filed. 3. Easements of Record. The proposed legal description provides an exception for easements of record. Any easements of record on the property should be shown on the survey including the Anoka County document number. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651- 982 -2400 6 Fax: 651- 982 -2499 4. Location of a secondary site for individual sewage treatment system on Tract B. Minnesota Rules require that all lots created after January 23, 1996 have a minimum of one additional soil treatment area that can support a standard system. Advisory Comments 1. Lot Width Requirements. Lots must meet all minimum lot requirements. The minimum lot width along a publically dedicated street is 330 feet within the Rural Zoning District except under the provisions of Sec. 3, Subd.3.B.2 where 200 feet is required. Tract A does not meet this requirement along Birch Street. However, Sherman Lake Road is proposed to service this property in the future via the Stoneybrook residential area. No access will be allowed to Birch Street from Parcel A. 2. Drainage and Utility Easements for Tract B. Drainage and utility easements 5 feet in width on interior lot lines and 10 feet in width on exterior lot lines will be required for Tract B. The easement descriptions will need to be prepared by your land surveyor and the easements deeded to the City. The easement deeds will need to be submitted to the City prior to the release of the minor subdivision. 3. Required Covenant. Sec. 3, Subd.3.B.2 of the zoning ordinance requires that the owner record a covenant that prohibits the transfer of any lots created under section except in conformance with zoning ordinance. Your attorney will need to draft this covenant and submit to the city for review and approval by the City Attorney. This will need to be completed prior to the release of the minor subdivision. 4. Park Dedication. Due to the required covenant noted under item 3 above a park dedication fee will not be required for the proposed subdivision. 5. Right of Way. The submitted survey denotes Anoka County Highway Right -of- Way Plat No. 11. It is not clear from the submittal if this property is owned by you or the county or otherwise encumbered by a roadway easement. The legal descriptions provided include the roadway area. This needs to be clarified. Dedication of the right -of -way to Anoka County may be required if it is not currently in place. 6. St. Paul Waterworks Property. The survey identifies a 24.75 wide strip running along the western edge of the property noted as City of St. Paul Waterworks (per 1/2 section map). This area, which appears to be an easement, is included within the legal description of both Tract A and Tract B. A review of Anoka County's tax information shows this area as a separate parcel of record. This needs to be verified and the survey corrected accordingly. 7. Green Acres Deferral. A review of the property information indicates that your property is enrolled in the "Green Acres" tax deferral program. While this does not affect your subdivision request with the City, the subdivision of the property could affect your "Green Acres" status, including existing deferred special assessments. I would recommend contacting the County Assessor's office to determine what, if any, impact the proposed subdivision would have on this tax status. 8. Anoka County Lot Split/Combination. Once approved you will need to complete a lot split/combination form for Anoka County. I believe these forms are available from the Anoka County Property Records Department. To reiterate, this letter does not represent a complete review of the application. It does include an incomplete information fist. The other issues fisted resulted from our preliminary discussion of the application and our intended to aid you in finalizing your submittal. Additional issues may arise in the future as the review continues. I would also note that the City Council has requested an update of your subdivision request on Monday, September 2, 2008 City Council Work Session. If you would like to speak directly to council regarding your application I would recommend that you attend this meeting. If you have questions please feel free to contact me at (651) 982 -2427. Michael Grochala Community Development Director C: City Council Gordon Heitke Enclosures Minor subdivision requirements (Subdivision Ord. Section 1006) Zoning Requirements SECTION 1006: MINOR SUBDIVISION 1006 -1 APPLICATION The provisions of this section Shall apply only to those subdivisions classified as minor subdivisions. 1006 -2 QUALIFICATION The following may be considered a minor subdivision. In the event circumstances warrant platting of the following minor subdivisions, the City Zoning Administrator may require the subdivision to be processed as a plat in accordance with Section 1004 and 1005 of this Ordinance 1. A subdivision which results in three (3) or fewer parcels, tracts, or lots from one (1) or two (2) existing parcels, tracts or lots, within iznsewered residential areas of the City. 2. Subdivision of sewered residential lots shall be platted in full compliance with Sections 1004 and 1005 of this Ordinance and therefore it is not a minor subdivision. 3. The exchange of abutting land between owners through the relocation of the boundary line between two abutting, existing parcels of property. 4. The creation of a new non - residential lot shall require a plat in compliance with Sections 1004 and 1005 of this Ordinance and therefore is not a minor subdivision. 1006 -3 FILING AND REVIEW OF APPLICATION Whenever any subdivision of land as outlined in Section 1006 -2 is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or his authorized agent, shall file an application and secure approval of a minor subdivision. The minor subdivision application shall be considered to be officially filed when the Community Development Department has received the application and has determined that the application is complete. 1006 -3 -1 Information Requirements 1006.1 Lino Lakes Subdivision Ordinance Minor Subdivision 1. Certificate of survey prepared by a licensed land surveyor identifying the following: a. Scale (engineering only) at not larger than one (1) inch equals one hundred (100) feet. b. Name and address, including telephone number, of legal owner and/or agent of property. c. North point indication. d. Boundaries, dimensions, and area of existing lots being subdivided and new lots to be created. e. Legal descriptions of existing parcel and legal description of proposed new lots. f. Easements of record. g. Water courses including delineated wetlands. If available, ordinary high water level (OHWL) of any DNR protected waters, 100 year flood elevations of all watercourses (wetlands, ponds, lakes, streams, etc.). h. All encroachments, easements, or rights -of -way encumbering the property. i. Existing buildings, structures, and improvements within the parcel to be platted and those one hundred (100) feet outside the boundaries of the subject parcel. j. Locations, widths and names of all public streets, rights- of-way or railroad rights - of-way showing type, width and condition of the improvements, if any, which pass through and/or are within one hundred (100) feet. k. Proposed driveway locations and locations of existing driveways on the same side of the road. 1. Location of any abandoned wells. m. The toe and top of any blnffs present. n Location of a primary and an alternate site for individual sewage treatment systems for all lots, including a lot with an existing structure and sewage treatment system. 1006.2 Lino Lakes Subdivision Ordinance Minor Subdivision o. Additional data requirements determined appropriate by the Community Development Department. p. Drainage and utility easements, minimum ten (10) feet wide, along all lot lines. These easements may be centered on a lot line shared between lots created by the minor subdivision. q. Any required right -of -way dedication. r. A copy of percolation tests and soil borings for all lots. s. Additional information determined necessary by the Community Development Department to ensure compliance with City requirements. 1006 -4 PROCEDURE 1. Prior to formal application, concept plans shall be reviewed by the Community Development Department. 2. A formal application with required fees shall be submitted to the Community Development Department. 3. The Community Development Department shall request input by the City's planning, engineering, and legal staff, as appropriate, as part of a formal review and preparation of a report. 4. The Community Development Department shall have the authority to request additional information pertinent to the ariministrative subdivision. Failure to provide the necessary supportive information may be grounds for denial of the request. 5. Decision. The Community Development Department shall reach a decision on the requested minor subdivision within one hundred twenty (120) days of complete application, unless the applicant agrees to an extension of the review period. a. The Community Development Director may approve the minor subdivision with conditions that must be met to insure the minor subdivision is compliant with the regulations of the Lino Lakes Subdivision and Zoning Ordinances, as may be amended, and other applicable requirements. 1006.3 Lino Lakes Subdivision Ordinance Minor Subdivision Subd. 3. General Parcel, Lot and Yard Provisions. A. Lot of Record. Any lot of record existing at the effective date of this Ordinance may be used for the erection of a structure if it conforms with the use regulations of the district in which it is located provided it: 1. Satisfies all other appropriate provisions of this Ordinance. 2. Has frontage on a full width public right -of -way, and an improved street which has been accepted for maintenance by the City of Lino Lakes. 3. Any substandard sewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of. this Ordinance, provided its area, width, and depth meet seventy (70) percent of the minimum requirements of the zoning district and all required setbacks can be adhered to. 4. Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance provided that: a. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this Ordinance. b. it can be demonstrated that the lot can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with MN Stat. 7080 and other applicable requirements. c. The iot has direct frontage on an improved public street which has been accepted for maintenance by the City of Lino Lakes. d. All building and site improvements adhere to all required setbacks. B. Unsewered Lots. 1. Except as provided for in Section 3, Subd. 3.A.4, and Section 3, Subd. 3.B.2 of this Ordinance, the minimum unsewered lot size within any zoning district is ten (10) acres. 2.. Where the following conditions exist, a lot of a minimum of one acre may be created, provided that Lino Lakes Zoning Ordinance Amended Per Ord. 07 -05, 1 g -07 & D1 -08 3 -3 General Provisions a. A habitable single family home has been constructed prior to July 13, 1992; or b. There exists a habitable single family home constructed after July 13, 1992, and the creation of a new lot is needed to provide security to a third party lending institution for owner financing of the existing habitable single family home. The following conditions shall apply to any lot created hereunder. c. The new lot that has a minimum area of one acre contains an existing habitable home, and d. The balance of the property is ten (10) acres or more, and e. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land, not including road right of way, electrical transmission line easements or pipeline easements, and f. Both the one - acre - minimum lot and lots made from the remaining and must meet all minimum lot requirements and provide for meeting setback and other structure requirements, and It can be demonstrated that all unsewered lots can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with Minn. Stat. 7080 and other applicable requirements. h. For lots created under 2.b herein, the applicant making a request for a lot split based upon requirements of a lending institution shall provide written verification from the lender of such requirements at the time the application is filed. g. For lots created under 2.b herein, the property owner shall record with the Anoka County recorder a covenant that prohibits the transfer of any lots created under this section unless the same is combined into one parcel with the balance of the owner's property from which it was split or in accordance with the provisions of Section 3, Subdivision B.1. This requirement shall not apply to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure. Lino Lakes Zoning Ordinance Amended Per Ord. 07 -D5, 13 -07 & D1 -D8 3-4 General Provisions