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11/10/2008 Council Packet (2)
SUMMARY MINUTES CITY COUNCIL A Monday, November 10, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke ➢ Open Mike / Public Comment No one addressed the council ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell, and Stoltz ➢ Pledge of Allegiance The pledge of allegiance was led by cub scouts Nick Ridley and Darren Cortez ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented A) Consideration of Expenditures: i) November 10, 2008 (Check No. 84357 through 84451) in the amount of $323,096.90; ii) Centennial Fire District (Check No. 3478 through 3487) in the amount of $54,864.35 B) Consider approval of October 27, 2008 Council Work Session Minutes Pg 3 -13 C) Consider approval of October 27, 2008 City Council Meeting Pg 14 -17 Minutes D) Amendment to 2008 Council Meeting Schedule Pg 18 E) Approve application of Centennial Middle School PTA Pg 19 to conduct excluded bingo event on February 6, 2009 F) Homeless Awareness Month Proclamation Pg 20 -22 11/10/2008 Council Agenda -2- 11/10/2008 SUMMARY MINUTES G) Consider approval of October 27, 2008 Comp Plan Review Work Session Minutes H) Consider approval of October 27, 2008 Liquor Compliance Hearing Minutes Action Taken: Motion by Stoltz, seconded by Reinert, to approve the Consent Agenda Items lA through 1H (Item 1G was deleted from the revised agenda), was adopted No reports A) Consider first reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule, Julie Bartell Reading and roll call required Action Taken: Motion by Reinert, seconded by O'Donnell, to approve first reading of Ordinance No. 13 -08, was adopted: Yeas, 5; Nays none. (Staff directed to provide additional information at 2nd reading on the proposed increase in park dedication fees) B) Request for audit of Charter Commission from Citizens for Safer Roads Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve the request for an audit of the Charter Commission was adopted; The city attorney was directed to seek from the League of Minnesota Cities options for independent council to conduct the investigation No reports No reports A) Consider Resolution 08 -130, Determining Intent of Zoning Ordinance Relating to Sport Court Regulations, Michael Grochala Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 08 -130, was adopted; Staff directed to initiate ordinance amendment that clarifies current regulations Council Agenda -3- 11/10/2008 SUMMARY MINUTES B) Consider Resolution 08 -131, Authorizing Distribution of Comprehensive Plan Update to Adjacent Jurisdictions for Review and Comment, Michael Grochala Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution N. 08 -131, was adopted; Council Member Reinert voted nay UNFINISHED BUSIN None NEWS.,. None Adjournm tit Motion by O'Donnell, seconded by Gallup, to adjourn at 7:50 p.m., was adopted The council reconvened in a special work session to continue review of the draft Comprehensive Plan 0- 0- 0- 1- 0- 0- Community Calendar - A Look Ahead November 11, 2008 through November 24, 2008 Tuesday, November 11 Wednesday, November 12 Monday, November 17 Wednesday, November 19 Monday, November 24 Monday, November 24 Veteran's Day 6:30 pm, Council Chambers 6:00 pm, Community Room 6:30 pm, Council Chambers 5:30 pm, Council Workroom 6:30 pm, Council Chambers City Hall Closed Planning & Zoning Comp Plan Review Environmental Board Council Work Session Council Meeting • • REVISED Monday, November 10, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke > Open Mike / Public Comment > Call to Order and Roll Call > Pledge of Allegiance > Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) November 10, 2008 (Check No. 84357 through 84451) in the amount of $323,096.90; ii) Centennial Fire District (Check No. 3478 through 3487) in the amount of $54,864.35 B) Consider approval of October 27, 2008 Council Work Session Minutes Pg 3 -13 C) Consider approval of October 27, 2008 City Council Meeting Pg 14 -17 Minutes D) Amendment to 2008 Council Meeting Schedule Pg 18 E) Approve application of Centennial Middle School PTA Pg 19 to conduct excluded bingo event on February 6, 2009 F) Homeless Awareness Month Proclamation Pg 20 -22 G) Consider approval of October 27, 2008 Comp Plan Review Work Session Minutes H) Consider approval of October 27, 2008 Liquor Compliance Hearing Minutes 11/10/2008 Council Agenda -2- REVISED 11/10/2008 No reports A) Consider first reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule, Julie Bartell Reading and roll call required B) Request for audit of Charter Commission from Citizens for Safer Roads No reports No reports A) Consider Resolution 08 -130, Determining Intent of Zoning Ordinance Relating to Sport Court Regulations, Michael Grochala B) Consider Resolution 08 -131, Authorizing Distribution of Comprehensive Plan Update to Adjacent Jurisdictions for Review and Comment, Michael Grochala None None The council will be reconvening in a special work session to continue review of the draft Comprehensive Plan Community Calendar - A Look Ahead November 11, 2008 through November 24, 2008 • Tuesday, November 11 4 Wednesday, November 12 • Wednesday, November 19 4 Monday, November 24 • Monday, November 24 Veteran's Day 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Council Workroom 6:30 pm, Council Chambers City Hall Closed Planning & Zoning Environmental Board Council Work Session Council Meeting • • Monday, November 10, 2008 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke > Open Mike / Public Comment > Call to Order and Roll Call > Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) November 10, 2008 (Check No. 84357 through 84451) in the amount of $323,096.90; ii) Centennial Fire District (Check No. 3478 through 3487) in the amount of $54,864.35 Pg 3 -13 B) Consider approval of October 27, 2008 Council Work Session to follow Minutes C) Consider approval of October 27, 2008 City Council Meeting Pg 14 -17 Minutes D) Amendment to 2008 Council Meeting Schedule Pg 18 E) Approve application of Centennial Middle School PTA Pg 19 to conduct excluded bingo event 011 February 6, 2009 F) Homeless Awareness Month Proclamation Pg 20 -22 G) Consider approval of October 27, 2008 Comp Plan Review to follow Work Session Minutes H) Consider approval of October 27, 2008 Liquor Compliance to follow • Hearing Minutes 11/10/2008 Council Agenda -2- 11/10/2008 No reports A) Consider first reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule, Julie Bartell Reading and roll call required No reports to follow No reports A) Consider Resolution 08 -130, Determining Intent of Zoning Ordinance Relating to Sport Court Regulations, Michael Grochala to follow B) Consider Resolution 08 -131, Authorizing Distribution of to follow Comprehensive Plan Update to Adjacent Jurisdictions for Review and Comment, Michael Grochala None None 44- 41,- Community Calendar- A Look Ahead November 11, 2008 through November 24, 2008 Tuesday, November 11 Wednesday, November 12 Wednesday, November 19 Monday, November 24 Monday, November 24 Veteran's Day 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Council Workroom 6:30 pm, Council Chambers City Hall Closed Planning & Zoning Environmental Board Council Work Session Council Meeting • 6477.4.m. u,. ! t Complaints against the Charter Commission for Unethical Conduct. Submitted by: Joseph Meyer 6988 West Shadow Lake Drive. Lino Lakes, MN u) lod 1) Members of the Charter Commission have violated the City's Code of Conduct and because of this they should be removed from the Charter Commission. Mike Trehus and Chris Bretroi both live on West Shadow Lake Drive (WSLD) and have been openly opposed to referendums to fix WSLD. Since the majority of the people on the road have been in support of these referendums they know the only possible way they can block improvements on WSLD is with the city wide referendum clause currently in the Chapter 8 of the Charter. Because of this conflict these two Commissioners should have abstained from any involvement with changes to Chapter 8 of the Charter, especially if it involves maintaining the city wide referendum. I sent an email to the Charter Commission on 10/9/08 warning of this conflict of interest. These members and the Charter Commission failed to act on this information. In fact both members have been very active in spearheading the effort to discredit the referendum with articles in the local papers, letter writing and putting together a website. This conflict has been going on for a few years now. Over the last couple of years they have made sure the city wide referendum clause has not changed. Section 204.a of the City Code of conduct allows for removal for intentional violation of the code. Both these members should be removed from the Charter Commission. 2) The Charter Commission tried to deny citizens the right to submit a petition. "Citizens for Safer Roads" used processes outlined in the Charter to initiate the petition/referendum. Before we started we contacted City Hall to make sure we followed the rules as set forth in the Charter. City Hall consulted their attorney to confirm our wording and that the process was proper. As outlined in the Charter, it is the City Clerk's duty to validate petitions. However, Charter Commission members overstepped their boundaries and responsibilities and went to great lengths to try to discredit the "Citizens for Safer Road" petition. They questioned the signatures, dates of birth, voter registration, the wording of the referendum, the use of the City Attorney, they questioned who collected the signature, their addresses, and they even questioned who the notaries were and what days they worked. All this in an effort to discredit a petition put forth using the Charter petition process they oversee. Validation of a petition is not the job of the Charter Commission. It was highly inappropriate for them to go to the extent they did to discredit the petition. 3) As I just mentioned in my 2nd complaint Charter Commission members questioned billings for the city attorneys. This was to try to discredit not only the petition but I also believe to cast a shadow of suspension on City Hall. Once again this is way out of bounds and highly inappropriate behavior for the Charter Commission. 4) Minutes for the 9/10/08 Charter Commission meeting were not released in a timely manner. These minutes were critical for the people in this election to understand the deliberation that the Charter Commission went through in examining the Petition to adapt Statute 429. Minutes from the 9/10 meeting of the Charter Commission conveniently will not be available until Jan 2009. This was the only meeting where the "Citizens for Safer Roads" petition was discussed by the Charter Commission. It wasn't discussed at the 8/23 meeting and the 10/9 meeting was cancelled. It doesn't seem possible that in one meeting the Charter Commission: first discussed the 429 referendum; never consulted with petitioners or City Hall about the petition; fully understood the differences between 429 and the Charter; decided against 429; decided to campaign against the referendum; decided all the details of the campaign, website, signs and letter writings that then took place. If there were additional meetings, why were they not made public and where are the minutes as required by the Charter? 5) The Charter Commission did not do a full and complete examination of the petition submitted by "Citizens for Safer Roads" before deciding their course of action. If the only meeting on this topic was on 9/10 and no one from Citizens for Safer Roads, City Hall or any other outside source was consulted, then the Commission did not completely and properly examine this issue. 6) The Charter Commission may have violated Open Meeting laws. If there were additional meetings beyond 9/10 the Charter Commission needs to disclose this and provide minutes for these meetings. If there were additional meetings appropriate action should be take for this violation. 7) Information put forth by the Charter Commission was misleading at best and straight out inaccurate at times a) They claimed the petition was started or spearhead by city hall. It was not. b) They claimed use of city lawyers indicated this was a City Hall directed petition. It was not. c) They implied the current PMP plan can reconstruct roads using already available funds. It can not. d) Caroline Dahl said WSLD can be fixed for $50K. Not true. e) They implied that under Statute 429 citizens have no rights. Not true. f) They put out inaccurate information on the number of referendums and there success. g) They implied that a so called "side bar meeting" of council members proves the city put forth the referendum. Not true. h) They brought up all kinds of cities projects that have nothing to do with the referendum as evidence of failed city system. i) They had a tremendous lack of respect for City Hall in all their letters and website material. j) The Charter Commission ignored the most important fact that is that under the current Charter system roads are not getting reconstructed at a sustainable rate. Reconstructing 1 road in 26 years puts us on a timeline of over 2000 years to cycle through all our roads. 8) Charter Commission members should never publicly have taken a side on this referendum. They should not have put forth a negative campaign, written letters to the editor, and misused their position to scare citizens into voting against the referendum. They could have put forth truthful balanced information, much like city hall, but they didn't. 9) The Charter Commission for the past few years has not been following the application process to file openings in the Charter Commission as outlined in the Charter. New applications are sent to the Charter Commission Chairman for filtering prior to going to the county judge for selection. This is in violation of the process laid out in the Charter. This current process is ripe for corruption. In recent years it appears some applications were never forwarded to the Judge. It appears that only people that think like the current members are being allowed onto the Charter Commission. So what should happen? 1) Charter Commissioners Trehus and Bretroi should be dismissed for violating City Code of conduct with regards to conflict of interest. 2) An investigation should be done to determine if other Commissioners have also violated conflicts of interest rules. 3) An investigation should be done to see if open meeting laws were violated. 4) The Charter Commission as a whole should be reprimanded and reminded that they have a duty to care for the needs and welfare of the citizens and city of Lino Lakes. Recent behavior does not reflect that. If I had my way I think the whole group should be asked to submit there resignations so we can start with a new set of Commissioners. 5) The application process to fill openings on the Charter Commission needs to be cleaned up. Applications for new openings need to go to the City Clerk and then directly to the Court Judge. Balance needs to rapidly be brought to the Charter Commission. 6) Commission budget increases should be denied. They have not demonstrated ethical behavior to date and I am concerned that they will use increased funding to spread their propaganda. I would think it better that they have specific funding requests the Council approves one at a time. Thatcher November 8, 2008 Paul and Julie Schwartz 2140 Otter Drive White Bear Lake, MN 55110 Ir Thatcher Engineering, 1fic. 3 055 Old Highway 8, Suite 103 Minneapolis, MN 55418 p 612 781 2188 1'612 781 2241 www. tha rcher- eng.co m Re: Review of documents for improvements on Lot 4, Block 1, Oak Brook Peninsula Dear Mr. and Mrs. Schwartz: In accordance with your request of November 7, 2008, Thatcher Engineering Inc. ( "TEI ") reviewed the following documents ( "Documents "): 1. Photographs titled 2027, 2028 and 2041 of topographic survey for Mark Smith prepared by Hy- Land Surveying, P.A. dated June 24, 2008 and revised July 9, 2008. 2. Unsigned and uncertified calculations that appear to be prepared by CRW of TKDA dated October 23, 2008, pages 1 to 6 and figure 1 -1. 3. Agenda Item 6A prepared by Michael Grochala for City Council Meeting date of November 10, 2008. 4. Letter from William C. Griffith of Larkin Hoffman Daly & Lindgren Ltd. dated November 4, 2008. 5. Letter from Michael Grochala, Community Development Director, dated November 6, 2008. TEI understands that Mark Smith ( "Smith ") owns the lot indicated in the topographic survey (Document #1) and you own the lot directly east of this lot. The documents show a proposed addition on the north side of the house on Smith's lot and another proposed addition on the south side of that house. TEI reviewed the Documents to determine if they meet the following requirements of the City of Lino Lakes: 1. Shoreland Management Overlay Ordinance passed by the City Council of the City of Lino Lakes on April 10, 1995. 2. Section 5 Rural Districts of the Zoning Ordinance. 3. Zoning Map. 4. Section 3 General Provisions of the Zoning Ordinance. TEI's analysis is as follows: 1. Section 1102.09 Shoreland Alterations of the City of Lino Lakes' Shoreland Management Overlay Ordinance states that alterations of vegetation and topography in the Shoreland Overlay District will be regulated and that a grading and filling permit will be required for movement of more than ten (10) cubic yards of material within the Shore Impact Zone ( "Zone "). The Zone is 100 feet from the Ordinary High Water Level. Document #1 shows proposed alterations to vegetation and topography and as well as moving more ~,ng;ineoring and 1 n%'runt n Schwartz Page 2 than 470 cubic yards of material within the Zone. Therefore, a permit from the City is needed and the improvements must meet all of the requirements of this ordinance. 2. Subdivision 12, Earth Moving and Land Reclamation of Section 3 General Provisions of the Zoning Ordinance, states that a permit is required for earth removal or filling when it exceeds one hundred (100) cubic yards per acre. The application for permit shall contain, among other things, a map of the proposed excavation or fill area showing the existing and proposed elevations. The plan shall also include all wetlands, drainage ways, tree inventory and preservation plan, erosion control measures, final restoration improvements, and other features as required by the City. The Documents are missing a tree preservation plan and final restoration improvements, and show earth removal of more than 470 cubic yards on this 4.22 acre lot which is 111 cubic yards per acre. Therefore, a permit from the City is needed for the earth removal, and the application for the permit is incomplete because it lacks a tree preservation plan and final restoration improvements. 3. Subdivision 3 of Section 1102.08, Nonconformities of the City of Lino Lakes' Shoreland Management Overlay Ordinance, states that a sewage treatment system ( "System ") which does not meet the requirements of Section 1102.11 of this ordinance must be upgraded or reconstructed any time a permit or variance of any type is required for any improvement. Section 1102.11 states that all Systems must meet the requirements in Minnesota Pollution Control Agency Rules ( "MPCA ") Chapter 7080 and that all Systems must be set back from the Ordinary High Water Level in accordance with the setbacks contained in Section 1102.07 of this ordinance (100 feet for this situation). MPCA Chapter 7080 gives the requirements for Systems and states, among other things, that any System that allows sewage to flow onto the ground surface shall be considered nonconforming. The Documents show the location of the existing System within the Zone. Document #1 shows that the existing topography very close to the existing System will be lowered by 6 feet for the temporary gravel access road, which will result in a steep slope between the System and the road. It is my professional opinion that this lowering is likely to cause effluent (sewage) from the System which is at a higher elevation to flow onto the lower ground surface in the slope area. This situation will then not meet the requirements of MPCA' S Chapter 7080 and thus will not meet the requirements of the city ordinance. If the System fails in this way, a new System will have to be constructed in another location which, according to the ordinance, will have to be outside the Zone. There may not be sufficient land available to meet the requirements of Chapter 7080 and the ordinance if the proposed additions are constructed. 4. Subdivision 2, Non - Conforming Uses and Structures of Section 3, General Provisions of the Zoning Ordinance, states that any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. No structural alterations shall be made, except in compliance with items (7) and (9) below. Paragraph 7 states that normal maintenance of a building or other structure containing or related to a non - conforming T:\Projects \Schwartz \letter to Schwartz 11- 10- 08a.doc E;ngi nd I,nirinntal Solution Schwartz Page 3 use is permitted, including necessary repairs and incidental alterations which do not extend or intensify the non - conforming use. Paragraph 9 states alterations may be made to a structure containing non - conforming residential units when they will improve the livability thereof, provided they will not increase the number of units or expand the size or degree of the non - conformity. Smith's lot is in the R -X Rural Executive zoning district. The minimum lot size is ten (10) acres in that district. This lot is about 4.22 acres (about 1.01 acres of wetland and 3.21 acres of upland) which is less than half of the 10 acre minimum size required. Thus the structure is a nonconforming use because the lot is smaller than the code requires. A strong argument can be made that the proposed building additions are not permitted because they intensify the non - conforming use and expand the size and degree of non - conformity. 5. Document #1 shows no trees on the Smith property adjacent to or near your common lot line with Smith. Based on this document, the trees near that common lot line are actually on your property and owned by you. Document #5 item #3 states that Smith will be removing all but one of the trees. If Smith removes any trees without your approval, he will be trespassing and liable for damages. 6. Subdivision 11 Drainage of Section 3 General Provisions of the Zoning Ordinance states that no land shall be altered and no use shall be permitted which results in surface water runoff causing unreasonable flooding, erosion or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, drainage way or other public facility. It is my expert opinion, based on my inspection of the property, that existing runoff from the area of the addition on the north side of Smith's house currently flows across your lot. However, the Documents lack sufficient survey elevations to show the amount of this existing runoff. If the addition on the north side of Smith's house is built, surface water from the roof of that addition will be channeled to your lot and cause unreasonable flooding, erosion and deposit of minerals on your property and will damage your trees. The Documents show a proposed ditch to solve the problem. However, if the ditch capacity is inadequate, additional runoff will flood your property. The arrows on Document #1 are not sufficient to show whether this proposed ditch will solve the problem. Additional information is needed including the cross section and slope of the proposed ditch and calculations to show that it has adequate capacity to carry the projected runoff. Unsigned and uncertified calculations in Document #2 show the capacity of a pipe that can carry the expected flow, but do not show the location, size and slope of the pipe, and do not show the capacity of the proposed ditch. Document #1 must show the location, size and slope of the pipe and a ditch with adequate capacity so that runoff will not damage your property and construction of the ditch will not damage your trees. The Documents lack sufficient clarity for City approval now or enforcement later if issues arise regarding the proposed improvements. The runoff onto your property is currently minimized by existing natural hardwoods and purposefully planted conifers that minimize and prevent erosion. However, Smith's plan is to remove all but one of these trees. T: \Projects \Schwartz \letter to Schwartz 11- 10- 08a.doc Schwartz Page 4 7. Paragraph F of Subdivision 11 Drainage of Section 3 General Provisions of the Zoning Ordinance states that as part of a building permit application in which a building footprint expansion of an existing structure is proposed, a site survey showing proposed grading, drainage and building pad elevation(s) must be submitted to the City, After the improvement is completed, the owner must submit a plan certified by a registered land surveyor or engineer which states that the improvements are consistent with the grading and drainage plan approved with the final plat or site plan. 8. Jeff Smyser, the City Planner, stated that the City's standard of practice is to obtain a buffer of 10 feet minimum and more if possible between the improvement and any wetland for this type of site improvement. This standard of practice is consistent with the subdivision code which requires a minimum 10 foot buffer. The proposed temporary gravel access road is completely within this buffer area, and thus does not comply with the standard of practice. The proposed road is in an unacceptable location. 9. Document #1 shows that in one location the proposed elevation of the temporary gravel access road to be 914 feet directly adjacent to the wetland which has an existing elevation of 912 feet. This is a fill of 2 feet and to install the road, a maximum slope of 3 foot horizontal to 1 foot vertical is needed from the road to the wetland. Therefore, the slope will extend 6 feet into the wetland and thus 6 feet of the wetland will be filled in, which is prohibited without a permit. This situation is repeated at several locations along the road. The proposed road is clearly in an unacceptable location. 10. The Documents do not define what is meant by a "temporary" gravel access road. Thus it is not known how long the road will exist, when it might be removed and what will replace it. In summary, it is TEI's opinion that the City should not approve the improvements as currently submitted because they do not meet City code requirements. Please note that Smith must obtain a permit from the MPCA for erosion control because he is disturbing more than one acre of land. He may also be required to obtain a permit from Rice Creek Watershed District because the wetland and lake may be an environmentally sensitive area. (The District typically does not review residential site improvements on less than five acres. However, TEI recommends that you alert the District to these proposed improvements and ask them to determine whether they will require Smith to submit his Documents and obtain a permit in this situation.) Very truly yours, Steven W. Thatcher, P.E. Thatcher Engineering Inc. sthatcher@thatcher-eng.com T:\Projects \Schwartz \letter to Schwartz 11- 10- 08a.doc Lngiticcnng and Lnvirunrnent'.1I Solutions • EXPENDITURES NOVEMBER 10, 2008 • • Date: 10/31/2008 Time: 13:37:58 City of Lino Lakes operator: JAL Page: 1 FM Entry - Invoice Journal Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7541 7551 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Check Over Expend: N Name Invoice Status: A it of copies: 1 Discount # of items Net Gross Discount Lost 000022 NORTHERN WATER WORKS SUPPLY, INC. 1 378.08 378.08 .00 .DD 000080 ABLE HOSE AND RUBBER, INC. 1 50.26 50.26 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 8,000.00 8,000.00 .00 .00 000107 R & D BATTERIES, INC. 1 100.96 100.96 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 229.44 229.44 .00 .00 000217 POLAR CHEVROLET & MAZDA 1 43.55 43.55 .00 .D0 000227 DELL MARKETING L.P. 1 1,319.67 1,319.67 .00 .0D 000250 AMERICAN PLANNING ASSOCIATION 1 475.00 475.00 .0D .00 000329 ROLEX, ALAN 1 1,641.34 1,641.34 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,601.75 1,601.75 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 323.79 323.79 .00 .00 000492 MISS DESIGN COMPANY, LLC 2 844.00 844.00 .0D • 000537 CENTRAL PENSION FUND 1 3,916.80 3,916.80 .00 .00 000539 TARGET 1 89.96 89.96 .00 .00 000541 ASPEN MILLS, INC. 3 880.13 880.13 .00 .00 000680 STANLEY SECURITY SOLUTIONS, INC. 1 285.57 285.57 .00 .0D 000720 BLAINE, CITY OF 1 2,101.91 2,101.91 .00 .00 000724 BLUE TOW SERVICE, INC. 3 682.72 682.72 .00 .00 000833 BROCK WFIITE, INC. 1 852.00 852.00 .D0 .00 000861 BEE LINE ALIGNMENT SERVICE 1 75.00 75.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 17.49 17.49 .00 .D0 000950 C. W. HOULE, INC. 1 3,075.00 3,075.00 .00 .00 • Date: 10/31/2008 Time: 13:37:58 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount •dor # Name # of items Net Gross Discount Lost 000970 VERIZON WIRELESS 3. 961.16 961.16 .D0 .00 001000 CATCO PARTS, INC. 1 85.17 85.17 .00 .00 001003 GRDCHALA, MICHAEL 1 448.56 448.56 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 922.71 922.71 .00 .00 001100 CIRCLE PINES POST OFFICE 1 656.01 656.01 .00 .00 001110 CIRCLE PINES, CITY OF 3 5,495.04 5,495.04 .00 .00 001189 HOTSY EQUIPMENT OF MINNESOTA, INC. 1 263.59 263.59 .D0 .00 001294 DNR, DEPARTMENT OF NATURAL RESOURCE 1 21.48 21.48 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,629.95 4,629.95 .00 .00 00138D EARL ANDERSON ASSOCIATION, INC. 1 79.56 79.56 .00 .D0 001859 HOME DEPOT CREDIT SERVICES 1 289.95 289.95 .00 .00 001977 I.T.L. PATCH COMPANY, INC. 1 213.53 213.53 .D0 .00 002320 LEAGUE OF MN CITIES INS TRST 1 500.00 500.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 472.20 472.20 .00 .00 002522 DALCO ROOFING /SHEET METAL, INC. 1 307.50 307.50 .00 .00 1111584 METRO SALES INCORPORATED 1 766.14 766.14 .00 .00 590 NICKELSON, LESTER 1 120.95 120.95 .00 .00 D02770 MINNESOTA DEPT OF EMPLOY & ECON DEV 1 7.70 7.70 .00 .00 002890 MILLER, CHRIS 1 380.00 380.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 002980 SUMMIT FIRE PROTECTION, INC. 1 380.00 3B0.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 180.50 180.50 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 94.57 94.57 .00 .00 003250 KCEL ENERGY 2 5,864.13 5,864.13 .00 .D0 003370 NYSTROM PUBLISHING COMPANY, INC. 1 3,576.13 3,576.13 .D0 .DD 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 116.57 116.57 .00 .D0 003465 VIKING ELECTRIC SUPPLY, INC. 1 39.22 39.22 .00 .00 • Date: 10/31/2006 Time: 13:37:59 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount 003600 PRESS PUBLICATIONS, INC. 4 152.06 152.08 .D0 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 1 421.74 421.74 .D0 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 1 1,264.59 1,264.59 .00 .00 003882 MINNESOTA SHREDDING LLC 1 48.60 48.6D .D0 .00 003980 CRABTREE COMPANIES, INC. 1 303.90 303.90 .00 .00 004099 SRF CONSULTING GROUP, INC. 1 2,041.10 2,041.10 .00 .00 004240 STREICHER'S, INC. 1 24.48 24.48 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 113.77 113.77 .00 .DD 004350 T.R_D.A. 10 32,506.17 32,506.17 .00 .00 004469 TOUSLEY FORD, INC. 1 86.80 66.80 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 1 128.84 128.84 .00 .00 004709 VARSITY PHOTOS, INC. 1 6,847.00 6,847.00 .00 .00 004789 BERGMAN, LYNN 1 660.73 860.73 .00 .00 004791 NAC MECHANICAL& ELECTRICAL SERVICES 1 3,035.45 3,035.45 .00 .00 004840 WINNICK SUPPLY, INC. 1 395.52 395.52 .00 .00 004900 ZEP MANUFACTURING COMPANY, INC. 1 192.37 192.37 .00 .00 005007 LUNDA CONSTRUCTION COMPANY 1 121,984.38 121,984.38 .00 • 007225 GREAT NORTHERN LANDSCAPE, INC. 1 697.00 697.00 .00 .00 007300 RECKARD, BILL 1 40.00 40.00 .D0 .00 007311 REIMERS, TONY 1 85.00 85.00 .DD .00 007354 CROWN TROPHY 1 800.67 800.67 .00 .00 007391 PETERSON COMPANIES, INC. 1 75.00 75.00 .0D .00 D07392 HAWKINS & BAUMGARTNER, P.A. 1 11,760.44 11,760.44 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 007487 SOFTWARE HOUSE INTERNATIONAL, INC. 1 326.96 326.96 .00 .00 007647 INTERNAL REVENUE SERVICE 1 2,353.94 2,353.94 .00 .00 007648 NEW BRIGHTON DEPT OF PUBLIC SAFETY 1 60.00 60.00 .00 .0D • Date: 10/31/2008 Time: 13:37:59 •or # Name City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 007649 EHRICR, JOHN 1 15.00 15.0D .00 .00 007650 RIIIRICA, JOE 1 35.00 35.00 .00 .00 007651 SCHULTZ, ADAM 1 30.0D 30.00 .00 .D0 007652 WALSH, MIKE 1 15.00 15.00 .00 .00 007653 AIM ELECTRONICS, INC. 1 7,445.70 7,445.70 .00 .00 007654 MAILING SOLUTIONS 1 1,535.71 1,535.71 .00 .00 007655 MINNEAPOLIS POLICE CHAPLAIN CORPS 1 300.0D 300.00 .00 .00 007656 PHYSIO- CONTROL, INC. 1 561.78 561.78 .00 .00 007657 SUMMIT PRINTING 1 560.10 560.10 .00 .00 007658 BARRET BUILDERS 1 3,450.00 3,450.00 .00 .00 900471 BONESTROO, INC. 1 12,379.59 12,379.59 .00 .00 900491 ROSEVILLE, CITY OF 1 4,147.50 4,147.50 .00 .00 900494 NORTHERN ESCROW, INC. 1 1,853.10 1,853.10 .00 .00 900559 HEALTH PARTNERS 1 48,813.75 48,613.75 .0D .00 Grand Totals: 111 323,096.90 323,096.90 .00 .00+ • • Date: 10/31/2008 Time: 13:36:47 Ranges: Options: Check # 0 0 0 0 0 0 0 0 0 0 0 84361 84362 0 0 0 0 0 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Vendor Alpha Name 7542 7553 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AMERICAN FAMILY LIFE A BARRET BUILDERS BLAINE, CITY OF BLUE TOW SERVICE, INC. CENTRAL PENSION FUND DELTA DENTAL PLAN OF M EHRICK, JOHN HAWKINS & BAUMGARTNER, HEALTH PARTNERS MINNESOTA STATE RETIRE MN CHILD SUPPORT PAYME RECKARD, BILL REIMERS, TONY RELIASTAR LIFE INSURAN RUIKKA, JOE SCHULTZ, ADAM T.K_D.A. WALSH, MIKE MONTHLY PREMIUM BLD ESCR RETURN 6487 PHE 3RD QUARTER WATER WATER 03 AUDI QUATTRO OCTOBER PENSION WITHHOLD NOVEMBER PREMIUM COACH REFUND LEGAL SERVICES MONTHLY PREMIUM 10 -11 -08 10 -25 -08 B. HRONSKI, 0011745515 COACH REFUND COACH REFUND NOVEMBER LIFE COACH REFUND COACH REFUND ENGINEERING SERVICES COACH REFUND Total for Dept ** withho INSURANCE ** ** * *** O IMAGE PRINTING & GRAPH 11TH ANNUAL TURKEY SHOOT SPECIAL Total for Dept 205 O CROWN TROPHY SOCCER BALL TROPHIES D VARSITY PHOTOS, INC. PHOTOS Total for Dept 208 YOUTH SP YOUTH SP O BERGMAN, LYNN MISS LINO LAKES AMB FROG MAYOR /CO O NYSTROM PUBLISHING COM LINO LAKES NEWS & POSTAG MAYOR /CO D TARGET supplies MAYOR /C0 Total for Dept 401 D DELTA DENTAL PLAN OF M NOVEMBER PREMIUM ADMINIST O HEALTH PARTNERS MONTHLY PREMIUM ADMINIST D PRESS PUBLICATIONS, IN PUBLIC NOTICE ADMINIST O RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE ADMINIST 229.44 3,450.00 44.52 682.72 3,916.80 2,559.96 15.00 69.01 11,661.65 922.71 681.40 40.00 85.00 1,223.42 35.00 30.00 2,583.34 15.0D 28,244.97* 265.17 265.17* 800.67 6,847.00 7,647.67* 860.73 3,576.13 18.61 4,455.47* 176.79 2,132.60 20.12 23.75 • Date: 10/31/2008 Time: 13:36:47 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O PRESS PUBLICATIONS 0 MAILING SOLUTIONS D PRESS PUBLICATIONS 0 SUMMIT PRINTING 0 DELTA DENTAL PLAN O HEALTH PARTNERS 0 0 0 0 84363 0 • Total for Dept 4.02 2,353.26* , IN NOTICE OF PUBLIC ACCURAC ELECTION 114.75 Total for Dept 403 MAILING SERVICES CHARTER CHARTER , IN MEETING NOTICE CHARTER CHARTER COMMISSION MAILE CHARTER Total for Dept 405 OF M NOVEMBER PREMIUM MONTHLY PREMIUM RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE Total for Dept 406 DELTA DENTAL PLAN OF M HEALTH PARTNERS RELIASTAR LIFE INSURAN ROLEK, ALAN ROSEVILLE, CITY OF NOVEMBER PREMIUM MONTHLY PREMIUM NOVEMBER LIFE INSURANCE MEETINGS, CONFERENCE, RD OCTOBER IT SUPPORT Total for Dept 407 D HAWKINS & BAUMGARTNER, LEGAL SERVICES Total for Dept 414 O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM 0 HEALTH PARTNERS MONTHLY PREMIUM Total for Dept 415 0 BONESTROO, INC. COMP PLAN UPDATE O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM O HEALTH PARTNERS MONTHLY PREMIUM O RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE 0 SRF CONSULTING GROUP, LINO LAKES TRANSPORTATIO Total for Dept 416 O T.K.D.A. 0 0 84358 0 0 • 114.75* 1,535.71 17.21 560.10 2,113.02* SENIORS 22.09 SENIORS 252.16 SENIORS 4.75 279.00* FINANCE 123.74 FINANCE 795.67 FINANCE 14.25 FINANCE 1,641.34 FINANCE 4,147.50 6,722.50* LEGAL CO 11,691.43 11,691.43* ECONOMIC 35.35 ECONOMIC 403.34 438.69* PLANNING 12,379.59 PLANNING 70.70 PLANNING 806.68 PLANNING 9.50 PLANNING 2,041.10 15,307.57* ENGINEERING SERVICES ENGINEER 14,545.35 Total for Dept 417 AMERICAN PLANNING ASSO DELTA DENTAL PLAN OF M GROCHALA, MICHAEL HEALTH PARTNERS RELIASTAR LIFE INSURAN MEMBERSHIP NOVEMBER PREMIUM CONFERENCE REGISTRATION, MONTHLY PREMIUM NOVEMBER LIFE INSURANCE Total for Dept 418 0 ANOKA COUNTY SHERIFF'S 9/1/ & 9/18 RANGE COST 0 ASPEN MILLS, INC. CLOTHING MATT PETERSON 0 CRABTREE COMPANIES, IN BAR CODE ANNUAL BILL O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM 14,545.35* COMM DEV 475.00 COMM DEV 61.86 COMM DEV 448.56 COMM DEV 1,034.42 COMM DEV 11.87 2,031.71* POLICE 421.74 POLICE 880.13 POLICE 303.90 POLICE 512.51 Date: 10/31/2008 Time: 13:36:47 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 0 84365 0 84360 0 0 0 0 0 0 84364 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64359 0 0 0 0 0 0 0 Description Dept Amount HEALTH PARTNERS I.T.L. PATCH COMPANY, KRISS DESIGN COMPANY, METRO SALES INCORPORAT M MINNEAPOLIS POLICE CHA MINNESOTA SHREDDING LL NEW BRIGHTON DEPT OF P OTTER LAKE ANIMAL CARE PHYSIO- CONTROL, INC. RELIASTAR LIFE INSURAN STREICHER'S, INC. TARGET VERIZON WIRELESS KCEL ENERGY MONTHLY PREMIUM POLICE 100 SHOULDER EMBLEMS POLICE REISSUE CH84033 TRAIL WA POLICE MAINTENANCE OF MULTIPLE POLICE CHAPLAIN TRAINING POLICE SHREDDING SERVICES POLICE PLEAA FALL TRAINING-HAWK POLICE IMPOUND FEE, BOARDING, B POLICE 500 POLICE LIFE INSURANCE POLICE HOLDER JOEL MAR POLICE POLICE POLICE POLICE LIFEPACK NOVEMBER HANDCUFF supplies MONTHLY SERVICE MONTHLY SERVICE Total for Dept 420 DELTA DENTAL PLAN OF M NOVEMBER PREMIUM HEALTH PARTNERS MONTHLY PREMIUM RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE Total for Dept 421 DELTA DENTAL PLAN OF M NOVEMBER PREMIUM HEALTH PARTNERS MONTHLY PREMIUM IMAGE PRINTING & GRAPH BUILDING INSP DOOR KNOB RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE T.K.D_A. ENGINEERING SERVICES TARGET supplies Total for Dept 422 BROCK WHITE, INC. C. W. HOULE, INC. DELTA DENTAL PLAN OF M EARL ANDERSON ASSOCIAT GREAT NORTHERN LANDSCA HEALTH PARTNERS NICKELSON, LESTER MILLER, CHRIS PETERSON COMPANIES, IN R & D BATTERIES, INC. RELIASTAR LIFE INSURAN T.A. SCHIFSKY AND SONS T.K.D.A. WRIGHT /HENNEPIN CO -OP XCEL ENERGY FIRE FIRE FIRE BUILDING BUILDING BUILDING BUILDING BUILDING BUILDING STREET CRACK FILLER MELT STREETS CATCHBASIN PATTI DRIVE STREETS NOVEMBER PREMIUM STREETS STREET SIGN PLATES STREETS WINTERIZATION PER ZONE STREETS MONTHLY PREMIUM STREETS CLOTHING ALLOWANCE -L. M STREETS CLOTHING ALLOWANCE STREETS FALL BLOW OUT STREETS BATTERIES STREETS NOVEMBER LIFE INSURANCE STREETS FINE ASPHALT STREETS ENG SERVICES 2008 SURFAC STREETS STREET LIGHT MAINTENANCE STREETS MONTHLY SERVICE STREETS Total for Dept 430 0 BEE LINE'ALIGNMENT SER ALIGN #223 0 CATCO PARTS, INC. HOSES, PARTS 0 DELTA DENTAL PLAN OF M NOVEMBER PREMIUM D FACTORY MOTOR PARTS CO BATTERIES AND SWITCHES FLEET FLEET FLEET FLEET 17,726.19 213.53 844.00 766.14 300.00 48.60 60.00 116.57 561.78 156.75 24.48 65.82 961.16 3.27 23,966.57* 103.60 1,868.71 14.25 1,986.56* 150.26 2,296.56 207.03 22.09 790.31 5.53 3,471.78* 852.00 3,075.00 259.83 79.56 697.00 3,648.06 120.95 380.00 75.00 25.24 34.91 113.77 8,731.22 810.00 4,703.83 23,606.37* 75.00 B5.17 40.65 94.57 • Date: 10/31/2008 Time 13:36:47 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 HEALTH PARTNERS O HOTSY EQUIPMENT OF MIN O POLAR CHEVROLET & MAZD 0 R & D BATTERIES, INC. 0 RELIASTAR LIFE INSURAN 0 TOUSLEY FORD, INC. 0 ZEP MANUFACTURING COMP 0 0 84357 0 0 0 0 0 0 0 0 0 0 0 D B4357 • 0 0 84364 • MONTHLY PREMIUM PRESSURE WASHER SOAP BE7RT, ASM,SWITCH BATTERIES NOVEMBER LIFE TUBE, GASKET HAND SOAP FOR FLEET FLEET FLEET FLEET INSURANCE FLEET FLEET SHOP FLEET Total for Dept 431 C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF CIRCLE PINES, CITY OF COORDINATED BUSINESS S DALCO ROOFING /SHEET ME DELL MARKETING L.P. DELTA DENTAL PLAN OF M HEALTH PARTNERS PAPER UTILITY CHARGES MONTHLY SERVICE QUARTERLY MAINTENANCE CD ROOF LEAK COMPUTER NOVEMBER PREMIUM MONTHLY PREMIUM LEAGUE OF MN CITIES IN 09/05/05 CLAIM DEDUCTIBL NAC MECHANICAL& ELECTR REPLACE CONDENSOR COIL NARDINI FIRE EQUIPMENT OCTOBER MAINTENANCE RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE SOFTWARE HOUSE INTERNA OFFICE PROFESSIONAL PLUS SUMMIT FIRE PROTECTION ANNUAL FIRE SPRINKLER IN Total for Dept 432 CIRCLE PINES, CITY OF CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M DNR, DEPARTMENT OF NAT HEALTH PARTNERS HOME DEPOT CREDIT SERV R & D BATTERIES, INC. RELIASTAR LIFE INSURAN T.K_D.A. WINNICK SUPPLY, INC. XCEL ENERGY UTILITY CHARGES MONTHLY SERVICE NOVEMBER PREMIUM SIGN MONTHLY PREMIUM PARTS AND SUPPLIES BATTERIES NOVEMBER LIFE PARK GRADING VAC. TRAILER MONTHLY SERVICE Total for Dept 450 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS INSURANCE PARKS PARKS PARKS PARKS 0 DELTA DENTAL PLAN OF M NOVEMBER PREMIUM RECD TI O HEALTH PARTNERS MONTHLY PREMIUM RECREATI O MINNESOTA DEPT OF EMPL 3RD QUARTER UNEMPLOYMENT RECREATI 0 RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE RECREATI Total for Dept 451 O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM O HEALTH PARTNERS MONTHLY PREMIUM O HOME DEPOT CREDIT SERV PARTS AND SUPPLIES O RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE Total for Dept 461 ENVIRONM ENVIRONM ENVIRONM ENVIRONM 654.51 263.59 43.55 25.24 5.46 86.80 192.37 1,566.91* 17.49 2,693.81 2,693.81 323.79 307.50 1,319.67 35.35 403.34 500.00 3,035.45 180.50 4.75 326.96 380.00 12,222.42* 37.07 26.89 176.77 21.48 1,256.98 27.22 25.24 28.50 326.08 395.52 139.29 2,461.04* 77.78 850.71 7.70 15.20 951.39* 12.37 241.53 101.86 5.23 360.99* Date: 10/31/2008 Time: 13:36:47 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM O HEALTH PARTNERS MONTHLY PREMIUM O RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE Total for Dept 462 O DELTA DENTAL PLAN OF M NOVEMBER PREMIUM 0 HEALTH PARTNERS MONTHLY PREMIUM O RELIASTAR LIFE INSURAN NOVEMBER LIFE INSURANCE Total for Dept 463 0 0 0 84357 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 84364 BLAINE, CITY OF CIRCLE PINES POST OFFI CIRCLE PINES, CITY OF CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M HD SUPPLY WATERWORKS, HEALTH PARTNERS R 6 D BATTERIES, INC. RELIASTAR T.K.D.A.- 3RD QUARTER WATER WATER UTILITY POSTAGE WATER CHARGES RUSSIAN BA MONTHLY SERVICE NOVEMBER PREMIUM MULTIREAD 8 CHANNEL MONTHLY PREMIUM BATTERIES LIFE INSURAN NOVEMBER LIFE INSURANCE ENGINEERING SERVICES Total for Dept 494 ABLE HOSE AND RUBBER, AID ELECTRIC SERVICE, BLAINE, CITY OF CIRCLE PINES POST OFFI DELTA DENTAL PLAN OF M HEALTH PARTNERS HOME DEPOT CREDIT SERV NORTHERN WATER WORKS S RELIASTAR LIFE INSURAN STANLEY SECURITY SOLUT VIKING ELECTRIC SUPPLY X EL ENERGY HOSES 130 GLADSTONE,BLACKDUCK 3RD QUARTER WATER WATER UTILITY POSTAGE NOVEMBER PREMIUM MONTHLY PREMIUM PARTS AND SUPPLIES HINGED LID W /SPRING NOVEMBER LIFE INSURANCE PADLOCKS /KEYED SUPPLIES MONTHLY SERVICE Total for Dept 495 SOLID WA 10.61 SOLID WA 248.85 SOLID WA 1.43 260.99* FORESTRY 12.37 FORESTRY 241.53 FORESTRY 2.85 256.75* WATER 716.39 WATER 328.00 WATER 21.73 WATER 21.73 WATER 111.37 WATER 128.84 WATER 1,346.80 WATER 25.24 WATER 11.41 WATER 767.75 3,479.26* SEWER 50.26 SEWER 8,000.00 SEWER 1,341.00 SEWER 328.01 SEWER 75.99 SEWER 943.46 SEWER 160.87 BAR SEWER 378.08 SEWER 11.38 SEWER 285.57 SEWER 39.22 SEWER 1,017.74 12,631.58* 0 AIM ELECTRONICS, INC. O INTERNAL REVENUE SERVI 0 LUNDA CONSTRUCTION COM O NORTHERN ESCROW, INC. 0 SHORT -FT.T TOTT- HENDRICK O T.R_D.A. READER BOARD OTHER FINAL PAY JAY BROTHERS P OTHER PAY VOUCHER #16, LAKE DR OTHER FINAL PAY JAY BROTHERS P OTHER FINAL DESIGN LEGACY OTHER ENG SERVICES 2008 OVERIA OTHER Total for Dept 499 7,445.70 2,353.94 121,984.38 1,853.10 1,264.59 4,762.12 139,663.83* Grand Total 323,096.90* CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 10/08 - 10/08 Check Issue Date(s): 10/22/2008 - 10/31/2008 Page: 1 Oct 31, 2008 03:47pm Per Date Check No Vendor No 10/08 10/31/08 3478 30490 10/08 10/31/08 3479 50120 10/08 10/31/08 3480 120450 10/08 10/31/08 3481 120470 10/08 10/31/08 3482 130290 10/08 10/31/08 3483 150150 Payee CENTERPOINT ENERGY EMERGENCY APPARATUS MAINT, CITY OF LINO LAKES LOCOMOTION EMBROIDERY CO MnFIAM BOOK SALES GLEN A OLSON 10/08 10/31/08 3484 160495 PRESS PUBLICATIONS 10/08 10/31/08 3485 180500 RANDY ROLSTAD 10/08 10/31/08 3486 210050 USI EDUCATION & GOVT SALES 10/08 10/31/08 3487 999913 NEW MECH COMPANIES, INC Totals: • Invoice Description Inv Amount STATION 2 GAS 99.91 It ENGINE 11 MTC 1,190.69 SEPT REIMBURSEMENTS 51,563.37 UNIFORMS 240.87 BOOKS 127.80 MN FIRE CHIEFS CONF 210.56 EXPENSE FIREFIGHTER 450.00 RECRUITMENT AD CHIEFS CONFERENCE 279.26 EXPENSES OFFICE SUPPLY 89.89 DAMAGE AT COMML 612.00 NATL 54,864.35 • M = Manual Check, V = Void Check DRAFT •1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : October 27, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; Director of Public 13 Safety, Dave Pecchia; Community Development Director, Mike Grochala; City Engineer, Jim 14 Studenski; City Planner, Paul Bengtson; Police Captain, Kent Strege; City Attorney, Scott 15 Baumgartner, City Clerk, Julie Bartell, 16 • 17 PUBLIC COMMENT 18 Pat Smith, 6922 W Shadow Lake Drive, representing the Citizens for Safer Roads, addressed the 19 council. Mr. Smith read and presented a request to the council for an audit of the Lino Lakes 20 Charter Commission regarding ethics, finances, activities and practices. 21 James Landsberger, 7849 Main Street, requested that the council actively seek funding for 22 improvements to County Road 14 at the 35W crossing. The area is a weak link in the area 23 roadway system and he suggests that the city could actively seek federal or other funding, 24 possibility in conjunction with bike trail funding. There is growth in the area that is adding 25 pressure to the road and that trend supports roadway improvements. Staff was directed to report 26 back to the council with an update on that roadway and bridge area; Mr. Landsberger should 27 receive notification when the council will hear that update. 28 SETTING THE AGENDA 29 The agenda was approved as presented. 30 CONSENT AGENDA 31 Council Member Stoltz moved to approve the Consent Agenda. Council Member O'Donnell 32 seconded the motion. Motion carried unanimously. 33 34 ITEM ACTION 35 36 1A. Consideration of Expenditures: 37 October 27, 2008 (Check No. 84145 through 84356, $345,263.05; Approved 38 Centennial Fire District (Check No. 3464 through 3477, $4,454.65 Approved 39 40 1B. Approval of October 6, 2008 Council Work Session Minutes Approved S41 42 1 C. Approval of October 6, 2008 Special City Council Meeting Minutes Approved 43 COUNCIL MINUTES October 27, 2008 DRAFT 44 1D. Approval of October 13, 2008 City Council Meeting Minutes Approved 45 46 1E. Approval September 29, 2008 Special Work Session Minutes 47 (Comp Plan Update) Approved 48 49 1F. Approval of Resolution No. 08 -125, Authorizing Certification of 50 Delinquent Water and Sewer Utility Charges for collection with the 51 2008 property taxes payable in 2009 Approved 52 53 FINANCE DEPARTMENT REPORT, AL ROLEK 54 There was no report from the Finance Department. 55 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 56 3A. Approval of Resolution No. 08 -124, providing for a finding of violation of the city 57 liquor code and imposing penalties against Jason's Bobby & Steve's Auto World - City 58 Clerk Bartell reported that earlier in the evening, the council held a hearing to review the police 59 department's report and recommendations relative to compliance checks that were conducted on 60 Lino Lakes' licensed liquor establishments. Jason's Bobby & Steve's Auto World was found to 61 have violated the City Code and a penalty was considered based on the city's adopted Best 62 Practices Grid. Based on the results of the hearing, staff is recommending approval of 63 Resolution No. 08 -124 providing for a finding of violation and imposing a penalty upon Jason's 64 Bobby & Steve's Auto World 65 66 It was noted by the council that the Police Department has made a recommendation of a fine of 67 $1,000 based on the best practices grid used by this city and others for compliance violations. 68 The council has not deviated from the grid recommendations on other fines. 69 70 Council Member Reinert moved to approve Resolution No. 08 -124 instituting a compliance 71 violation fine in the amount of $1,000 against Jason's Bobby & Steve's Auto World in Lino 72 Lakes. Council Member Gallup seconded the motion. Motion carried unanimously. 73 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 74 There was no report from the public safety department. 75 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 76 There was no report from the Public Services Department. 77 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 78 6A. Approval of Resolution No. 08 -129, making an official determination on the 79 definition of chiropractic care within the Zoning Ordinance to include providing care for 80 domestic animals — Planner Bengtson reported that the state statutes were recently revised to 81 allow certain chiropractors to practice upon animals. This practice is regulated mainly by the 82 state chiropractic board and there is currently one licensee that practices in Lino Lakes. Staff has -2- —15— • • • • • • COUNCIL MINUTES October 27, 2008 DRAFT 83 reviewed the city code as it relates to this type of business and is recommending that the council 84 approve a resolution that clarifies that the definition of "chiropractor" includes the treatment of 85 both human and domestic animals. He noted that the Planning and Zoning Board concurs with 86 the clarification. 87 88 Council Member O'Donnell moved to approve Resolution No. 08 -129 as presented. Council 89 Member Stoltz seconded the motion. Motion carried unanimously. 90 91 6B. Approval of Resolution No. 08 -128, Requesting Extension of Time to Complete 92 Review and Amendment of Local Comprehensive Plan — Community Development Director 93 Grochala noted that the city is in the process of updating the city's comprehensive plan as 94 required by the Metropolitan Council. The city's plan is due for submission by December 31, 95 2008. Based on the city's schedule, staff believes that an extension is needed and is requesting 96 that the council approve that an extension request be submitted to the Metropolitan Council that 97 would extend the deadline to May 29, 2009. The request will include a timetable and plan for 98 completion as required. 99 100 Council Member Gallup moved to approve Resolution No. 08 -128 as presented. Council 101 Member Stoltz seconded the motion. Motion carried unanimously. 102 103 6C. Approval of Resolution No. 08 -127, Approving Final Payment, Lino Park Grading 104 Improvements — City Engineer Studenski noted that the city's contract for grading and trail 105 work for Lino Park has been satisfactorily completed by the contractor, Jay Brothers, Inc. Staff 106 is recommending that the council authorize payment of a change order to that project in the 107 amount of $2,733.40 and final payment for the project. The final project amount came in well 108 under the engineer's initial estimate. 109 110 Council Member Reinert moved to approve Resolution No. 08 -127 as presented. Council 111 Member O'Donnell seconded the motion. Motion carried 112 113 6D. Approval of Resolution No. 08 -126, Adopting Assessments - , 2008 Individual 114 Property Which Requested Connection to City Utilities (510 Birch Street) — City Engineer 115 Studenski reported that the city has received one additional request from an individual property 116 to be connected to city utilities. The property owner of 510 Birch Street is requesting connection 117 to the city water system and has approved the assessment of costs to the property. 118 119 Council Member Stoltz moved to approve Resolution No. 08 -126 as presented. Council Member 120 O'Donnell seconded the motion. Motion carried unanimously. 121 UNFINISHED BUSINESS 122 There was no unfinished business. 123 NEW BUSINESS 124 There was no new business. -3- COUNCIL MINUTES DRAFT 125 ADJOURNMENT 126 Council Member Reinert moved to adjoum at 7:00 p.m. 127 motion. Motion carried unanimously. 128 129 130 131 132 133 134 135 136 137 138 139 October 27, 2008 Council Member Stoltz seconded the Community Calendar — A Look Ahead October 28, 2008 through November 10, 2008 4 Wednesday, October 29 4 Monday, November 3 4 Monday, November 3 4 Tuesday, November 4 4 Thursday, November 6 4 Monday, November 10 4 Monday, November 10 cancelled Environmental Board 5:30 pm, Community Room Council Work Session 6:30 pm, Council Chambers Park Board GENERAL ELECTION / VOTING 7:00 am, Community Room EDAC 6:20 pm, Council Chamber Election Canvassing 6:30 pm., Council Chambers Council Meeting 140 141 These minutes were considered and approved at the regular City Council Meeting on November 142 10, 2008. 143 144 145 146 147 148 Julianne Bartell, City Clerk John Bergeson, Mayor -4- -17- • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 • 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 • 44 45 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES CITY COUNCIL WORK SESSION MINUTES : October 27, 2008 . 5:30 p.m. . 6:05 p.m. : Councilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; City Engineer, Jim Studenski; Director of Public Safety, Dave Pecchia; Director of Community Development, Michael Grochala; Finance Director, Al Rolek; Police Captain, Kent Strege; City Planner, Paul Bengtson; City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS The following items were discussed. Liquor Compliance Hearing — The council will be considering imposing a penalty upon Jason's Bobby & Steve's Auto World for a violation of the city's liquor/beer regulations. When a council member posed the question about why the recommended fine for a first violation is $1,000, Police Chief Pecchia explained that the city has adopted a best practices grid that guides penalties according to area standards and practices. This fine may seem high for a first violation but he explained that an off -sale violation carries a more serious penalty because there is more susceptibility to underage buying. The business owner, Mr. Jason Snyder, was present and was advised that he would have an opportunity to address the council on the matter at the liquor compliance hearing that will immediately following this work session. Item 6B — Extension of Time to Complete Review and Amendment of Local Comprehensive Plan — Community Development Director Grochala explained that, as the council was previously informed, the city is allowed to request an extension from the Metropolitan Council that will allow a later submission (up to May 29, 2009) of the city's Comprehensive Plan (the Plan). The city still needs to complete the jurisdictional review and that is unlikely to be completed by December 31, 2008, the current deadline for submission of the Plan. Therefore, staff is requesting that council authorize that an extension request be submitted. The meeting was adjourned at 6:05 p.m. CITY COUNCIL WORK SESSION OCTOBER 27, 2008 DRAFT • 46 These minutes were considered, corrected and approved at the regular Council meeting held on 47 November 10, 2008. 48 49 50 Julianne Bartell, City Clerk John Bergeson, Mayor 51 • • 2 AGENDA ITEM 1 STAFF ORIGINATOR: Jean Viger, Deputy City Clerk MEETING DATE: November 10, 2008 TOPIC: Canvass Election VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Minnesota Statute 205.185 requires that the governing body of a city conducting an election must canvass the returns and declare the results within seven days. Included are the returns of the November 4, 2008 Lino Lakes Special Election, An Amendment to the Charter, as well as a copy of that portion of the tapes from each precinct, pertaining to the question. OPTIONS: 1. Move to accept the report as it appears. 2. Reject the report RECOMMENDATION: Option #1 m m --I 0 ro u)O 3c Cr g .p > O /7J r- O co m tij m 0 H c c 0 c 0 'Total # Voters 'Absentee Voted In Person on Election Day 1 Overvote Blank z o Yes CITY QUESTION - AMENDMENT TO CITY C Total # of Reg. Voters # of Persons Registering on Election Day 1# of Reg. Persons at 7 a.m. CO o 1158 79 -a ° 775 302 1338 - (0 1139 13 1 4t 87% [ 1740 co co ._ c) O O co g 455 HARTER N W co O --a 0) Pr. #2 84% 1451 O CO 1343 O 138 904 409 1723 CO 00 1525 Pr. #3 OLD 2035 N.) C) 1825 O 117 O CD W CO 2331 N.) O) -s 1 2070 Pr. #4 88% O v CM 1 95 O CO O O 108 CY) N Q) 341 1228 00 -a 1 1047 1 Pr. #5 - 217 1527 O 131 " o 01 N 2024 N CO 1815 '7 00 CO 0 1848 125 1723 O 100 1058 0) CO O 2076 N O 0) 1870 Pr. #7 average = 87% 1 11051 O 0) 10084 O 864 6529 3658 12723 Ul O W 11130 TOTAL m m --I 0 ro u)O 3c Cr g .p > O /7J r- O co m tij m 0 11auuoQ,0 Her 0 a) c (f) 0 uosa6Ja8 uyor a) = ‘.< G) a) c 0 }iauia�{ ger g :th CD 5: 5' 0 ,-9. 0 cT E o ..< ,-) F) 0 0 0 w 5 E (D CD O a ,-< c 0 =. E 3 -, -E5' • a.) 0 L3) = < tv w w 5' co co o a) a 0 0 5- a.) st 0 a3 .-e•- 3 cn 0 0 0 c (D X a) 3 5' 0 0 a) -o -o "C3 0 0 a) = 0 ID ET o 0 0 ** PRECINCT: 5610 ** Lino Lakes P1 ************************ BALLOTS CAST CARD NOH/ABS ABS 10210 7 5 10211 1072 74 TOTAL 1079 79 BALLOTS CRST SUMMARY BLANK VOTED OVERVOTED 0 UNDERVOTED WRITE-IN 0 4( LINO iAKES QUESTION RACE # 711 # RUNNING 2 # TO VOTE FOR 1 # TIMES COUNTED 1158 # TIMES OUERVOTB) 0 # TIMES BLANK VOTED 81 HO ** PRECINCT: 5640 ** Lino Lakes P4 *************4********** BALLOTS CAST CARD NON/ABS ABS 10215 1783 2@5 10216 42 5 TOTAL 1825 210 BALLOTS CAST SUMMARY BLANK VOTED 0 OVERVOTED 8 UNDERVOTED 401 WRITE-IN . 48 LINO LAKES QUESTION RACE # 711 # RUNNING 2 # TO VOTE FOR 1 # TIMES COUNTED 2035 # TIMES OVERVOTED 0 # TIMES BLANK VOTED 117 YES 899 NO 1019 ************************ ** PRECINCT: 5620 ** Lino Lakes P2 BALLOTS CAST CARD NON/ABS ABS 10211 845 59 10212 762 74 TOTAL 1607 133 BALLOTS CAST SUMMARY BLANK VOTED 0 OVERVOTED 3 UNDERVOTED . 147 WRITE-IN 34 W W*4**. LINO LAKES QUESTION RACE # 711 # RUNNING 2 # TO VOTE FOR 1 # TIMES COUNTED 1740 # TIMES OVERVOTED 0 # TIMES BLANK VOTED 189 -- 1096 NO ** PRECINCT: 5650 ** Lino Lakes P5 *v********************** BALLOTS CAST CARD NON/ABS ABS 10214 980 95 BALLOTS CAST SUMMARY BLANK VOTE OVERVOTED UNDERVOTED WRITE-IN 0 193 21 it RUNNING 2 # TIMES # TIMES # TINES YES NO COUNTED 1075 0VERVOTED BLANK VOTED 0 341 *z-4:: ft ft ft ft ft r** *om � **�cc`oom * m+++ -im���* *����r� c�cmc,=* v~z,r e*-Immzo * * ���4 m m�� =� � ��� mmm o 1 m ���� � In In Cl m��m =+m �m mr�+� � -n c:7 mm � .e."-: z + o + 73 m +c: 6' m +o ** �� � m z *� �� � CA *�my) ~^m **m�-«eo Lino LaKes P3 BALLOTS CAST CARD NON/ABS ABS 10213 47 1 10214 1296 107 TOTAL 1343 108 BALLOTS CAST'SJMMARY BLANK VOTED 0 .OVERVOTED 7 UNDERVOTED 233 WRITE-IN 27 ****¥******************* LINO LAKES QUESTIOw RACE # 711 # RUNNING 2 # TO VOTE FOR 1 # TIMES COUNTED 1451 # TIMES OVERVOTED 0 # TIMES BLANK VOTED 138 YES 409 NO 904 ************************ ** PRECINCT: 5660 ** Lino Lakes P6 BALLOTS CAST CARD NON/ABS 10051 826 10145 701 TOTAL 1527 BALLOTS CAST SUMMARY BLANK VOTED 0 OVERVOTED 5 UNDERVOTED 164 WRITE-IN 41 * *** LINO LAKES QUESTION RACE # 711 # RUNNING # TO VOTE FOR ABS 143 74 217 2 1 # TIMES COUNTED 1744 # TIMES OVERVOTED 0 # TIMES BLANK VOTED 131 YES . 562 NO 1051 ************************ • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: November 10, 2008 TOPIC: December 2008 Council Meetings VOTE REQUIRED: 3/5 BACKGROUND The Lino Lakes Code of Ordinances establishes that regular council meetings shall be held on the second and fourth Monday of each month. The council has typically rescheduled its second meeting in December to the third week of the month. This schedule also accommodates the Truth -In- Taxation meetings that are held in December. REQUESTED DIRECTION With an official action of the council scheduling December city council meetings to December 8 and December 15, staff will proceed with the appropriate notification. • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 10, 2008 TOPIC: Approve Application of Centennial Middle School PTA to Conduct Excluded Bingo Event VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The City has received an application from the Centennial Middle School PTA to conduct their annual bingo fundraising event at Centennial Middle School, 399 Elm Street on February 6, 2009. Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Centennial Middle School organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code in regard to the number of members who are residents of the City. City policy requires a background investigation each time a permit or license application is received. The Lino Lakes Police Department conducted an investigation on the applicant for this permit and found no reason to deny the application. The application, a certificate indicating the non - profit status of the organization and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • • • AGENDA ITEM 1F STAFF ORIGINATOR: Gordon Heitke MEETING DATE: November 10, 2008 TOPIC: Homelessness Awareness Month Proclamation VOTE REQUIRED: 3/5 BACKGROUND The Anoka County Continuum of Care, along with the Heading Home Anoka committee is sponsoring the SLEEP OUT 2008, Be Part of Something BIG 1st Annual Community Challenge in an effort to promote education and awareness to end homelessness. In an effort to make all communities aware of the issue and event, the Anoka County Board and cities are being asked to proclaim November as Homelessness Awareness Month. ATTACHMENTS 1. Proclamation of Homelessness Awareness Month PROCLAMATION Homelessness Awareness Month Whereas, the Anoka County Community Continuum of Care, along with the Heading Home committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2008, Be Part of Something BIG, 1st Annual Community Challenge; and Whereas, the SLEEP OUT 2008 provides a unique opportunity for the City of Lino Lakes to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and Whereas, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and Whereas, it is essential that all citizens of the City of Lino Lakes be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and Whereas, community partnerships, awareness, and the desire to provide warm, safe housing in our community. These are the important themes of the SLEEP OUT 2008, Be Part of Something BIG, 1st Annual Community Challenge. • • • Now, therefore, I, John Bergeson of the City of Lino Lakes, on behalf of the Lino Lakes City Council, do hereby call upon all citizens of the City of Lino Lakes to join the Anoka County Community Continuum of Care and Heading Home Anoka committee's in supporting The SLEEP OUT 2008, Be Part of Something BIG, 1 Si Annual Community Challenge during the month of November. Be it further resolved that the month of November is hereby proclaimed "Homelessness Awareness" month in the City of Lino Lakes. Proclaimed this 10`h day of November 2008. • • John Bergeson, Mayor Julie Bartell, City Clerk Julie Bartell From: Kristi Koppen [Kristi.Koppen @co.anoka.mn.us] Sent: Wednesday, October 29, 2008 9:56 AM To: Julie Bartell Subject: RE: Lino Lakes Proclaim November Homelessness Awareness Month Julie, t would be great if you couldend me a copy. You can mail it to the following address: Anoka County Human Services Income Maintenance Department Or 400 t- x- 2100 Third Avenue Anoka, MN 55303 Attention: Kristi Koppen Thanks so much for your help with this matter. Your work is greatly appreciated. Sincerely, Kristi »> Julie Bartell < Julie .bartell @ci.lino- lakes.mn.us> 10/28/2008 4:15 PM »> October 28, 2008 Kristi, Sorry for the late response. The Mayor has agreed to place this proclamation on the Lino Lakes City Council agenda for November 10, 2009. Do you want a copy when it is approved? Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651- 982 -2406 651- 982 -2499 fax julie.bartell@cilino-lakesmn.us Page 1 of 2 From: Kristi Koppen [ mailto :Kristi.Koppen @co.anoka.mn.us] Sent: Monday, October 13, 2008 10:50 AM To: Julie Bartell Subject: Lino Lakes Proclaim November Homelessness Awareness Month Be Part of Something BIG October 13, 2008 10/29/2008 Page 1 of 2 Julie Bartell To: Kristi Koppen Subject: RE: Lino Lakes Proclaim November Homelessness Awareness Month October 28, 2008 Kristi, Sorry for the late response. The Mayor has agreed to place this proclamation on the Lino Lakes City Council agenda for November 10, 2009. Do you want a copy when it is approved? Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651- 982 -2406 651- 982 -2499 fax julie.bartell@dlino-lakes.mn.us From: Kristi Koppen [mailto:Kristi.Koppen @co.anoka.mn.us] Sent: Monday, October 13, 2008 10:50 AM To: Julie Bartell Subject: Lino Lakes Proclaim November Homelessness Awareness Month Be Part of Something BIG October 13, 2008 Lino Lakes City Council Dear Ms. Bartell, The Anoka County Community Continuum of Care, along with the Heading Home Anoka committee is sponsoring an event, The SLEEP OUT 2008, Be Part of Something BIG 1St Annual Community Challenge in an effort to promote education and awareness to help end homelessness. We feel it is essential that all community members be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community. Community partnerships, awareness, and the desire to provide warm, safe housing in our community — these are the important themes of the event. At the end of October, the Anoka County Board of Commissioners will be proclaiming November, Homelessness Awareness Month. Our goal is to have each city in Anoka County join the effort to promote public awareness of 10/28/2008 Page 2 of 2 homelessness and have their city also proclaim November, Homelessness Awareness Month. We would request that you join in the proclamation at your meeting on November 10. Attached is information regarding homelessness in Anoka County and the Anoka County Community Continuum of Care. In addition there is a proclamation your city can use in partnering with this community project! If you have any questions or require additional information, please feel free to contact Kristi Koppen at 763 - 422 -7313 for assistance. Thank you for your commitment to be part of something BIG! Sincerely, Kristi Koppen Housing Assistant Anoka County Human Services NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and /or may be disclosed to third parties. 10/28/2008 CITY LOGO PROCLAMATION Homelessness Awareness Month Whereas, the Anoka County Community Continuum of Care, along with the Heading Home committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2008, Be Part of Something BIG, 1St Annual Community Challenge; and Whereas, the SLEEP OUT 2008 provides a unique opportunity for the NAME of CITY to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and Whereas, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and Whereas, it is essential that all citizens of NAME of CITY be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and Whereas, community partnerships, awareness, and the desire to provide warm, safe housing in our community. These are the important themes of the SLEEP OUT 2008, Be Part of Something BIG, 1st Annual Community Challenge. NOW, therefore, I, NAME of MAYOR of the NAME of CITY, on behalf of the NAME of CITY Council, do hereby call upon all citizens of NAME of CITY to join the Anoka County Community Continuum of Care and Heading Home Anoka committee's in supporting The SLEEP OUT 2008, Be Part of Something BIG, 1st Annual Community Challenge during the month of November. Be it further resolved that the month of November is hereby proclaimed "Homelessness Awareness" month in CITY NAME. Proclaimed this date of Month, 2008. NAME, Mayor NAME, City Clerk Heading H o Be Part of Something BIG The Anoka County Community Continuum of Care Over the years, our Anoka County community has responded to the issues of homelessness in a variety of ways: by encouraging community support of the Stepping Stone Emergency Shelter, investment in affordable community housing, and encouraging partnership with local agencies through Family Homeless Preventions and partnerships with Metro Counties through the Supportive Service grant. Even with strong partnerships and a variety of community efforts, we still struggle with the issues of homelessness in Anoka County. The Anoka County Community Continuum of Care is partnering with the state business plan, Heading Home Minnesota, by developing it's own Ten -Year Plan to End Homelessness in Anoka County. With a vision for a better future and ending homelessness for all, the Continuum of Care brings together a variety of state, community agencies, and community volunteers. Working together to develop a plan to end homelessness in Anoka County by the year 2019 the Continuum 's Education Committee seeks to raise awareness of the issues surrounding homelessness and encourage community participation by sponsoring a variety of events, including a countywide sleep -out in November. In the spirit of supporting the Heading Home Anoka vision, the committee supports educating the community regarding homelessness issues throughout the coming year. Heading:. o Anoka Be Part of Something BIG SLEEP OUT 2008 1st Annual Community Challenge FACTS on HOMELESSNESS Definition of Homelessness: By definition, a homeless person is described as an individual or family who lacks a fixed, regular, and adequate nighttime residence. What Causes Homelessness? • Low wage employment, lack of income, fixed income • Lack of affordable housing units • Lack of affordable health care and dental care • Domestic Abuse • Problems with drug and /or alcohol • Mental health issues and lack of medical care • Eroding work opportunities • Lack of transportation • Aging out of foster care system Note: The average annual cost of meeting basic needs for a single person with 2 children in the Twin Cities Metro area is $43,800. This would require a full time position at an hourly wage of $21.07 to meet the basic needs. (Current minimum wage in MN is $6.15 for large employers and $5.25 for small businesses). HeadingHe me Anoka Be Part of Something BIG A Picture of Homelessness Homelessness in Minnesota — Statistics The gap between the cost of housing and what people can afford is a major cause of homelessness. • One -third of Minnesota's homeless population site the inability to afford housing cost as the primary reason for leaving previous housing. In 2003, 30% of all adults experiencing homelessness in Minnesota reported income from work, with 13% working full time. • Estimate at least 9,200 people are homeless each night in MN Wilder Research, (2006). • The number of children living in temporary housing grew more than eight times, from 330 on one night in 1987 to 2,803 on one night in 2004 Quarterly Shelter Survey, 1985 -2004. • 80% of homeless children in Minnesota are 12 years or younger. 43% are 5 years or younger Wilder Research, ( 2004). • MN Department of Education has reported homeless student enrollment: (2006 -2007) 5,139 students Note: if all homeless highly mobile students throughout the state were properly identified and reported, they estimate it would be approximately 10,000 students annually (just in MN). Homelessness in Anoka County 29% of surveyed adults experiencing homelessness in Anoka County are employed. 4% of all Anoka County residents and 5% of children under 18 live in poverty. (Information below is based on Anoka County Homeless Count on 1/24/08) • Current number of beds available for individuals /families experiencing homelessness = 244. • Number of people experiencing homelessness as of 1/24/08 was 609. They were living in emergency shelter, on the streets, motel, etc. • 1/24/08: number of homeless adults with children = 134. • 1/24/08: number of homeless children with adults = 191. • Of the 564 people who are homeless, 128 stated they had disabilities. DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 LIQUOR COMPLIANCE HEARING 4 5 6 DATE : October 27, 2008 7 TIME STARTED : 6:15 p.m. 8 TIME ENDED : 6:25 p.m. 9 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Reinert, 10 Stoltz and Mayor Bergeson 11 MEMBERS ABSENT : None 12 13 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 14 Public Safety Director, Dave Pecchia; Police Captain, Kent Strege; and City Clerk, Julie Bartell 15 16 HEARING ON LIQUOR CODE VIOLATION 17 18 Police Captain Strege reported that the Police Department conducted liquor compliance checks 19 on August 29, 2008 on all licensed establishments in Lino Lakes that were open at the time. The 20 only establishment to fail by selling alcohol to an underage buyer was Jason's Bobby & Steve's 21 Auto World. This establishment holds a total of 4 licenses (3.2 Off Sale, 3.2 On -Sale, On Sale 22 Wine & Sunday Sales). The city has adopted a best practices grid and, utilizing that grid, the •23 August 29th violation would be considered the first violation (no other violations in the preceding 24 12 months) with a recommendation of a $1,000 civil penalty for violation of the 3.2 Off Sale 25 license. The police department is recommending that a penalty of $1,000 be imposed on the 26 Jason's Bobby & Steve's Auto World. 27 28 Jason Snyder, owner of Jason's Bobby & Steve's Auto World in Lino Lakes, addressed the 29 council. He stated that he does not dispute that a violation occurred at his establishment and he 30 recognizes that the Police Department did their job and professionally. He wants the council to 31 know that, as a business owner, he takes this situation very seriously and he is serious about 32 compliance issues. He has gone through the criminal process in this matter already and he 33 requests that the council consider in this civil matter that his off -sale liquor sales are very 34 minimal. The $1,000 fine would pretty much wipe out his profit for the entire year. He is aware 35 that a $500 fine is more common for first offenses and he suggests that would be a fair amount in 36 this case. 37 38 Captain Strege reiterated that the city's adopted violations grid calls for a $1,000 fine and, while 39 that may seem high, violations in the off -sale area are considered quite serious because the liquor 40 actually goes off the premises and there is more opportunity for abuse. 41 42 The council discussed that they have not deviated from the best practices grid in the past. 43 44 Council Member Reinert moved that the matter be forwarded to the city council meeting. • 45 Council Member Stoltz seconded the motion. The motion carried on a unanimous vote. 46 COMPLIANCE HEARING MINUTES 2 DRAFT October 27, 2008 04 The meeting was adjourned at 6:25.m. 48 49 These minutes were considered and approved at the regular City Council Meeting on November 50 10, 2008. 51 52 53 54 55 Julianne Bartell, City Clerk John Bergeson, Mayor 56 • 0 STAFF ORIGINATOR: DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Julie Bartell, City Clerk November 10, 2008 First Reading of Ordinance No. 13 -08 Establishing the 2009 Fee Schedule Simple Majority (3/5 Vote) In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. Some of these fees have specific statutory requirements. The current fee schedule has been circulated to department directors with a request to update or amend the schedule as appropriate for 2009. Ordinance No.13 -08 (the proposed 2009 Fee Schedule) is attached. Recommended amendments to the ordinance are printed in red and are outlined below for your review: • Lawn Sprinkling Violation — Ordinance No. 06 -08, passed by the city council on April 14, 2008, instituted new time of day lawn watering restrictions. A fine for violating the ordinance was included in the staff recommendation and is being included in the fee schedule. The fine is $25.00 for the first violation and $50.00 for subsequent violations. • Driveway Replacement Permit — Staff recommends institution of this new fee of $50.00, related to the city's cost of verifying zoning for materials, maximum width and setback. • Right -of -Way Management —. Ordinance No. 09 -08 regarding regulation of public right -of -way was passed by the city council on June 23, 2008. Staff is recommending that the fees that accompany the new city right -of- way management process be included in the fee schedule. • Utility Non - Payment Certification Fee - The Finance Department recommends a $30.00 fee for their work in certifying for assessment unpaid utility charges. • Park Dedication Fee — Staff reported to the city council at the July 2008 work session with information supporting an increase in park dedication fees and the council directed staff to bring forward an amendment. The last increase occurred in 2004. • Utility Fees — The city engineer annually updates the city truck utility fees and the surface water management fees according to the ENR Construction Index. The 2009 Fee Schedule Ordinance is presented for council review and first reading. Second reading and a public hearing is planned for the next regular council meeting on November 24, 2008. OPTIONS: 1. Approve first reading of Ordinance No. 13 -08 2. Return to staff for further consideration RECOMMENDATION: Option No. 1 1 1st Reading: November 10, 2008 Publication: 2 "d Reading: Effective: City of Lino Lakes Ordinance No. 13 -08 AN ORDINANCE ADOPTING THE 2009 CITY OF LINO LAKES FEE SCHEDULE AND PROVIDING FOR THE ISSUANCE OF LICENSES, PERMITS AND COLLECTION OF FEES THEREOF; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2009 FEE SCHEDULE ALCOHOLIC BEVERAGES 3.2 Beer Investigation 3.2 Beer Off -Sale 3.2 Beer On -Sale 3.2 Beer On -Sale Temporary Club License Liquor License Investigation Fee Liquor On -Sale License Liquor Off -Sale Liquor Temporary Permit Temporary Set -Up License Wine License Investigation Fee Wine Sunday Liquor AMUSEMENT & COMMERCIAL RECREATION Cabaret License Dances Gambling Permit Application State Licensed Gambling BUSINESS & MISCELLANEOUS Assessment Search Fee Burning Permit Dog Kennel - Private Dog Kennel - Commercial Dog License Male /Female Dog License Male /Female Copies: City Code Book Copies: Mailed Minutes Copies: Mailed Agenda 1 $250.00 Indiv.; $450.00 Corporate $200.00/Year $300.00/Year $50.00 + $5.00 /Day $300.00 $250.00 Indiv.; $450.00 Corporate $4,500.00/Year $200.00 $50.00 $25.00 $250.00 Indiv.; $450.00 Corporate $ 500.00/Year $200.00/Year $35.00 $200.00/Year $10.00 Regulation Tax 3% of gross receipts less prizes paid $20.00 /Search $30.00 $20.00/Year $100.00/Year $10.00 $5.00 (Spayed or Neutered) $75.00 $36.00/Year $12.00/Year Copies: Per Page Copies: New Resident Labels Copies: Aerial /Topo Map City Map Comp. Plan. Computer Disk or DVD Environmental Handbook Fax Charge Garbage Hauler License Overweight Permit Pawn Shop Class A Pawn Shop Class B Class A Secondhand Goods Dealer Class B Secondhand Goods Dealer Class C Secondhand Goods Dealer Pawn Shop Investigation Pawn Shop In State Investigation Pawn Shop Out State Investigation Peddler, Solicitor, Transient Merchant Recycling Container Purchase Rental License (annual) Rental License Reinspection Fee Special Event Permit Tapes: Audio Tapes: Video Tobacco License Return Check Charge Zoning Maps Zoning Ordinance I st 10 Copies Free, then .25 Per Page $5.00 Per Month Flat Fee $10.00 $2.50 $55.00 $7.00 $55.00 1st 10 Pages Free, then .25 Per Page $75.00 /First Truck $45.00 Each Additional $20.00 $10,000.00 $7,000.00 $720.00 $105.00 No Fee $15,000 (deposit on costs) $750.00 $20,000.00 $250.00/6 months 1st Free / $8.00 for each Additional $50.00 for 1 or 2 units $50.00 + $10 per unit for 3 or more units $50.00 $50.00 $10.00 $15.00 $50.00 $30.00 $5.00 /Large or Colored $25.00 • f GOVERNMENT DATA: All public government data is available for viewing at no charge at City Hall during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m. The City has an established fee for making copies of requested data. Copies of non - copyrighted public data are available in the format in which the data is maintained. Data requests for more than 100 pages may result in charges for staff time in addition to the cost of the actual copies. If the data requested is maintained electronically and the data takes less than one hour to compile, that data will be released free of charge. PARK & RECREATION USER FEES Field Rental — Resident Only Baseball /Softball Drag Only Baseball /Softball Drag & Chalk Soccer (Excluding Youth) Picnic Shelter Reservation Party Wagon - Block Party Mon. - Thurs., Non -Block Party Fri., Sat. Or Sun., Non -Block Party Playground Grab Bags 2 $20 /Evening $30 /Evening $65 /Evening Residents - No Fee Non - Resident - $25 No Fee $25 $40 $10.00 / $25.00 i FIRE REGULATIONS Annual Permit For Sale Of Consumer Fireworks POLICE FEES Copy of Report Copy of Report — Mail In Vehicle Lockouts Clearance Letter Fingerprinting Video Image Printing Photographs Booking Photographs Electronic Photographs False Alarms Vehicle Forfeiture Fee Videotape Copy (Costs include all applicable taxes) BUILDING - CONSTRUCTION UTILITIES Building Permit Fee Schedule Fee Table $350 exclusive retail seller / $100 in conjunction with existing retail store Free to subject of data up to 3 pages; 4th page $1.00; then $.25 any addl pages up to 100. $4.00 Up To 4 Pages, Then $.25 Per Page thereafter No charge $5.00 $10.00, by appt. $5.00 $25.00 plus developing cost $5.00 $5.00 per page of four 3 free; 4 -10 $50.00; 11 or more $100.00 /calendar yr. $100.00 per vehicle $25.00 Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up • $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof IBuilding Permit Fees shall be based on the Fee Table. Fire Suppression Permit fee shall be based on Fee Table Minimum fee of $50.00 for all permits 3 Other Inspections and Fees: 1. Work commencing before permit issuance Double Permit Fee 2. Erosion Control Inspection Fee (single, two - family, townhomes up to 8 units) $150.00 lb Multi- family > 8 units, Commercial, Industrial and Institutional determined by separate agreement. 3. Erosion Control Reinspection Fee $50.00 per trip 4. Inspections outside of normal business hours $50.00 per hour* 5. Reinspection fee $50.00 per trip 6. Inspections for which no fee is specifically designed $50.00 per trip 7. Additional plan review required by changes, additions, or revisions $50.00 per hour ** 8. For use of outside consultants for plan checking and inspections, or both Actual Cost * ** 9. In Ground Swimming Pool $141.00 10. Above Ground Swimming Pool $50.00 11. Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period 13. Easement Encroachment Fee .$55.00 14. Fence Permit $50.0 15. Roofing Permit $100.0 16. Siding Permit $100.00 17. Replacement Windows /Door Permit $100.00 18. Retaining Wall Permit $50.00 19. All Residential Mechanical Permits, (except new construction and air conditioning $50.00 20. Residential New Construction Mechanical Permit $60.00 21. Residential Air Conditioning Permit .1% of the contract price ($50.00 minimum fee) 22. Commercial Mechanical Permit 1% of the contract price ($50.00 minimum fee) 23. Manufactured Home Permits $90.00 24. Plumbing Permit $9.00 per fixture ($15.00 minimum fee) 25. Sewer Connection Fee $200.00 23. Water Connection Fee $250.0 24. Contractor License Verification $5.00 per perms 4 25. Contractor License .$50.00 26. SAC (Sewer Availability Charge) per Met Council •27. 3/" Water Meter $165.00 28. 1" Water Meter $325.00 29. MXU Unit $125.00 30. Septic Installation or Repair Permit $150.00 31. Septic Pumping Permit $5.00 32. Demolition Permit $50.00 33. Lawn Sprinkler /Irrigation System Permit (effective June 26, 2008) $50.00 34. Irrigating or Watering of New Landscaping Permit (sod or seed) (effective June 26, 2008) .no charge 35. Lawn Sprinkling Violation $25.00 for first violation; $50.00 for each subsequent citation 36. Driveway Replacement Permit $50.00 l i Fee Refund — Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non - refundable. All permits issued are subject to applicable State surcharge fees. * Inspections made out side of normal business hours is a three -hour minimum charge ** Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. * ** Actual costs include administrative and overhead costs. Sign Permit - Temporary (portable/banner) $25.00 /Term Sandwich Board .$25.00 Touch Pad ..$20.00 Curb Stop Covers $68.00 An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. ESCROW DEPOSITS In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 5 c. As -built Surveys - $1,000.00 d. Stucco (final coat only) - $1,000.00 e. Garage Floor - $1,000.00 f. Landscaping - $2,500.00 (landscaping may be escrowed year -round per City Staff) Escrow deposits include a $50.00 non - refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a.) Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. b.) The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. RIGHT -OF -WAY MANAGEMENT Excavation Permit Fees Hole (includes administration,_plan review inspection, testing and mapping) . $125.00 Trench (includes administration, plan review, inspection, testing & mapping) ....$70.00 per 100 lineal feet plus hole fee Obstruction Permit Fee (includes administration, recording, review & inspection) $50.00 plus $.05 per lineal foot Permit Extension Fee (includes administration, recording & review) ..$55.00 Delay Penalty .... $6 for up to three days of non - completion and non -prior notice before specified After three days an additional charter of $10.00 per day will be le Degradation Fee Formula: This formula covers degradation for depreciation caused by intrusion into the right -of -way. The depreciation applies to the original surface of the right -of -way and to the overlays and seal -coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right -of -way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal -coat, ultiplied by the depreciation schedule, multiplied by the area of the street patch. Degradation Fee: (cost per square yard for street overlay, and seal -coat x depreciation schedule rates) x area of street patch = degradation fee. UTILITY FEES Sewer Rate $52.00 /Quarter /Reu +$1.00 Per 1000 Gallons Over 10,000 Gallons Water Meter Rental $400.00 (Deposit) / $25 Per Month Additional Accessories $25.00 Per Month Water Usage Fees 6 $10.00 Per Quarter / Reu $1.77 Per Thousand Gallons (0 — 30,000 G $2.07 Per Thousand Gallons (Over 30,000 .) i Utility Non - Payment Certification Fee $30.00 Valve Replacement $45.00 Each (during work day) $105.00 Each (evenings & weekends) Driveway Cover $60.00 Underground Utility Permit $50.00 Meter Testing (Our Cost, Delivered To Minneapolis) 5/8" - 3/4" Meter Test 1" Meter Test 1-1/2" - 2" Meter Test City Trunk Utility Fees Sanitary Sewer Unit Water Unit $50.00 $65.00 $100.00 $2,840.00 $2,690.00 Per Sac Unit $3,760.00 $3,560.00 Per Sac Unit SURFACE WATER MGMT Land Use Type I. Single /Two Family Lots II. Multi Family Lots III. Commercial /Industrial/ Institutional Property Fee Charge per Sq. Ft. of Development Area $ 0.121 $ 0.166 $ 0484 .194 _,132 .175 Surface Water Management Charge: Applied to developing parcels in accordance with the nolicv provisions established in Resolution No. 92 -70. Credits may be earned for watershed improvements. CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee LAND USE ESCROW FEE DEPOSIT* Alternative Urban Areawide Review (AUAR) To be charged to land development applications within I -35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid, the same land will not be charged again. $269 per acre Application Fee (Required With Each Submittal) $100.00 Comprehensive Plan Amendment 40 Acres or Less More Than 40 Acres Conditional Use Permit 7 $1,500 $5,000 Residential $750 Commercial /Industrial $5,000 Environmental Assessment Worksheet $10,000 Interim Use Permit $750 Rezoning 40 Acres or Less $1,500 More Than 40 Acres $5,000 Site Plan Review $5,000 Subdivision Minor Subdivision / Lot Split $1,000 Preliminary Plat 40 Acres or Less $2,500 Over 40 Acres) $10,000 Final Plat $1,500 Planned Unit Development General Concept Plan $2,500 Development Stage Plan $10,000 Final Plan $2,500 Park Dedication - Residential $2,500 $2,075 per unit Park Dedication — Commercial / Industrial $2,175 per acre Tax Increment Financing or Tax Abatement $7,500 Vacation (Street, Utility, Drainage) $500 Variance $500 Zoning Confirmation Letter $25 1 *An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon the City's determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. ENGINEERING Flood Plain Elevation Certificate Elevation Certificate Survey Digital Contour Mapping 8 $200.00 Fee Addl $1,000.00 Escrow Deposit $800 per %2 Section Increment i LATE FEE 41, Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for any fees not paid when due. Section 2. Effective Date of Ordinance. This Ordinance shall be effective as of January 2, 2009. Passed by the Lino Lakes City Council this 24th day of November, 2008. ATTEST: Julie Bartell, City Clerk 9 John J. Bergeson, Mayor AGENDA ITEM 3B STAFF ORIGINATOR: Gordon Heitke MEETING DATE: November 10, 2008 TOPIC: Request for Audit of Charter Commission VOTE REQUIRED: 3/5 BACKGROUND At its regular council meeting of October 27, 2008, the City Council was presented with a written request from the Citizens for Safer Roads to conduct an audit of the practices of the Lino Lakes Charter Commission. The Council received a presentation from representatives of the group at the November 3, 2008 work session. Staff was directed to place the request on the November 10, 2008 regular meeting for council action. ATTACHMENTS 1. Request for Charter Commission Audit, Citizens for Safer Roads • ��, Pte :© 10 1i-112,00g Charter Commission Audit Requested Presented to: The Lino Lakes City Council. 10/27/2008 A recent review of Charter Commission public records was conducted with the following findings and observations. The leaders of the Charter Commission are former council members that have surrounded themselves with like minded members that do not have a balanced view of the city needs and are pro - charter at all cost. Previous members have complained that members with dissenting views get forced off the commission while people with anti-city views get appointed or re- appointed. These are comments on record made by charter members regarding the city council. One was quoted as saying "screw the council" yet another was quoted as saying "we should bust them in the mouth ". Then Lino Lakes Charter Commission is using Taxpayer dollars this election to printing there Charter amendment campaign signs. These signs refer the public to there web site which is full of misinformation and has a very strong anti-city government tone. Legal authority of the Charter is limited by state law. A review of old agendas would reveal the Charter Commission went way beyond authority including regular review and critique of city council minutes and actions. Charter meeting used to be tape recorded and stored at city hall. They are now stored at someone's home and not available to the public. Minutes of the meetings used to be taken by the city clerk. They are now done by a charter member and most of the discussion and decisions are missing. Legal council is available to the Charter Commission and provided by the city attorney yet they hire there own attorney at additional expense to the city. The process for vacancies on the charter commission has changed in the past 5 years. Before applicants applied in writing to the city clerk. These applications were then forwarded on to a Judge for approval in an effort to keep balanced views on the committee. The Charter Commission now has applicants apply directly to them in writing. From there we don't know if all applications are forwarded to the Judge for review and selection. New members have no training our understanding of there role. Its time to hold the Charter Commission accountable. We are formally requesting the Lino Lakes City Council to have the proper public authority conduct an audit of the Charter Commissions ethics, fiances, activities and practices. We are requesting they be communicated with as to what there responsibilities are as required by state law and to operate within those limits. Respectfully submitted by Citizens for Safer Roads. • • • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6A Michael Grochala November 10, 2008 Consider of Resolution No. 08 -130, Determining Intent of Zoning Ordinance Relating to Sport Court Regulations VOTE REQUIRED: Simple Majority BACKGROUND: The City has received a building permit application from Mr. Mark Smith for a home addition for his property located at 2120 Otter Lake Drive. The applicant is proposing to construct a 2,955 sq.ft. addition to the residence and a 1,607 sq.ft. addition to the attached garage. The total square footage of the garage with the addition will be 3,597 sq.ft. The maximum allowable accessory building square footage for the property is 3,600 square feet. Construction of an in ground swimming pool is also proposed under a separate permit. The home addition includes an exercise area and a recreation area identified as "sport court" on the plans. Over the past several months staff has discussed zoning and building code requirements with Mr. Smith as well as related inquiries from the neighboring property owners Paul and Julie Schwartz, located at 2140 Otter Lake Drive. Mr. Smith has provided revised plans and the City is prepared to issue the building permit. As part of the review process staff made a determination that the addition to the principal building, labeled as "Sport Court", was not subject to the provisions of Section 3, Subdivision 4.D of the zoning ordinance regulating "Sport Courts ". This determination was based on 1) that the sport court is enclosed entirely within the principal building and consistent with the permitted use of such building and 2) the intent of the ordinance requirement to regulate free - standing exterior recreational facilities. The Schwartz's have submitted an appeal of this determination based on the literal interpretations of the Zoning Ordinance as it pertains to "Sport Courts" 1. All residential and rural districts include "Sport Courts" as an accessory use. 2. The ordinance defines "Accessory Use" as a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. • 3. The ordinance defines "Accessory Building" as a portion of the principal building or a detached structure on the same lot which is used for an accessory use. • • 4. Section 3, Subdivision 4.D Accessory Buildings and Structures, Subpart 2 establishes standards for "Sport Courts ". 5. Section 3, Subdivision 4.D Accessory Buildings and Structures, Subpart 9 establishes standards for the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. The maximum accessory building square footage allowed within the R -X district is 3,600 square feet. The Schwartz's argue that based on the literal interpretation of the ordinance that with the addition of the proposed "Sport Court" Mr. Smiths addition would exceed the accessory building square footage allowed by the Zoning Ordinance. In accordance with Section 2, Subdivision 4, subpart B of the zoning ordinance the City Council acting as the Board of Adjustment and Appeals shall consider the application for appeal and render a decision by resolution. Additionally, the permit application has been stayed, in accordance with the ordinance provisions until a decision has been reached by the council. ANALYSIS As discussed by the Schwartz's, the literal interpretation of the ordinance requirements would suggest that the Sport Court, as proposed, is an accessory use and by definition an accessory building subject to the accessory building size limitations of the zoning ordinance. However, staff is of the opinion that the literal interpretation does not reflect the intent of the ordinance requirements. The intent of the ordinance requirements was to regulate the placement of outdoor recreation facilities such as tennis courts, basketball courts and similar uses. Additionally, no consideration was given to regulating the use of recreational areas within the principal structure. Single family detached dwellings are a permitted use within the R -X, Rural Executive Zoning District. The term dwelling is defined in the ordinance as follows: Dwelling. A structure or portion thereof which is used exclusively for human habitation. The proposed recreational area is a habitable part of the existing residence and is not considered any different from other primary uses of the residence. Staff finds it difficult to differentiate the sport court from other room designations common within dwellings such as a billiards room, office /den or home theatre. The Schwartz's argue that "Having this significant mass of structure with accessory use next to our property, running several hundred feet along our side yard, is an obtrusive use that the spirit of • • • the zoning ordinance does not purposefully allow ". However it should be noted that 1) length of the structure is not due solely to the proposed sport court addition but also includes the attached garage; 2) the proposed building is in conformance with dimensional requirements of the zoning ordinance including setbacks and 3) a similar sized addition comprised of other designations such as bedrooms and /or family room would be also allowable under the ordinance requirements. The term "Sport Court" was introduced into the zoning ordinance as part a comprehensive update of the ordinance completed in 2003 (Ord. 08 -03). Prior to 2003 the zoning ordinance contained provisions regulating the placement of "Tennis Courts ". The tennis court provisions, within the zoning ordinance, date back to at least 1982. Historically, these provisions were applied to exterior backyard facilities. No comparable provisions were in place for similar uses such as basketball courts. The extent of changes from the pre 2003 code to the update was limited to the replacement of the word "tennis" with the word "sport" where applicable within the ordinance. Additionally, the definition of "Sport Court" was added and reads as follows: Sport Court. A facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, or volleyball. The changes included in the 2003 update were simply intended to expand the regulatory requirements for "tennis" courts to cover similar exterior uses. The ordinance requirements themselves infer the intent to regulate an outdoor facility and remain unchanged from the prior requirements for tennis courts. The ordinance requirements include but are not limited to: 1. provisions for permits; 2. landscaping and turf protection, 3. setbacks including the prohibition from locating within required front and side yards 4. prohibitions from locating within public and private easements 5. requirements for the height of practice walls 6. chain link fencing requirements 7. lighting requirements. These requirements, in their inclusiveness, demonstrate that they are intended to regulate an exterior detached use rather than a principal or accessory structure regulated elsewhere in the ordinance. Finally, to staffs knowledge this interpretation of the ordinance requirements for sport courts and tennis courts, for that matter, is not contrary to what has been historically, applied to uses constructed as part of the principal building. r • • RECOMMENDATION: Staff recommends approval of Resolution No. 08 -130. ATTACHMENTS 1. Resolution No. 08 -130 2. Appeal request from Schwartz 3. Letter from Larkin Hoffman representing Smith 4. Site and Building Plans 5. Zoning Ordinance Provisions • ATTACHMENT 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -130 DETERMINING INTENT OF ZONING ORDINANCE RELATING TO SPORT COURT REGULATIONS WHEREAS, the City Council acting as the Board of Appeals and Adjustments has received an application for appeal regarding interpretation of intent of provisions of the Zoning Ordinance relating to Sport Court regulations; and. WHEREAS, the Council finds that Sport Courts are regulated as an accessory use under Section 3, Subdivision 4, subpart D.2 of the Lino Lakes Zoning Ordinance; and WHEREAS, the Council finds that the intent of regulation under said section are intended to regulate exterior detached recreation facilities, and WHEREAS, the Council finds that areas used for recreational activities constructed within a dwelling are consistent with the intended principal use of said dwelling. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That a "Sport Court" enclosed within the principal structure of a dwelling is considered part of the principal use and not accessory to the principal use. 2. That the requirements of Section 3, Subdivision 4 of the zoning ordinance related to "Sport Courts" are construed to apply to exterior detached facilities accessory to a principal use. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 10th day of November, 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. • • • ATTACHMENT 2 October 24, 2008 Board of Appeal and Adjustments, care of: Mr. Michael Grochala, Community Development Director The City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Appeal to Board of Appeals and Adjustments related to interpretation of accessory structure definition 2120 Otter Lake Drive, Lino Lakes Dear Members of the Board of Appeals and Adjustments: Thank you for your time to make a decision related to an interpretation of what is an accessory building in the city code. We believe we are negatively impacted by staffs gray interpretation of what is and what is not an accessory building related to the addition plans of our next -door neighbor. For ease of understanding this issue, we are asking staff to attach a copy of the proposed addition. It includes not only a garage addition which would make the total garage area 3,597 s.f., only 3 s.f. smaller than the maximum accessory building size allowed by zoning code, but also a large indoor sport court addition and outside swimming pool. All the mass of the additions and swimming pool are located just about as close to our side yard as legally allowed in the side yard setback requirements. Both our lot and our neighbor's lot range from 3.5 to 4.5 acres in size. We believe that the zoning code prevents a large amount of accessory buildings and structures for a reason, and that is to insure that a significant amount of the lot is not used for uses other than principal uses and also for preservation of development conformity on Tots, as well as preservation of related real estate value. Simply put, the zoning ordinance would not limit the size of accessory buildings and structures unless there was a valid reason. We will detail sections of the zoning ordinance which staff has viewed and has administratively determined that the indoor sport court is not an accessory building, and we will show how we feel that the literal interpretation of the zoning ordinance is contrary to staffs opinion. • • • Section 1, Subdivision 2, item B (Definitions): This is a section of the general zoning code which has various definitions. Two definitions which apply in this instance are accessory building and accessory use. Accessory building: A portion of the principal building or a detached structure on the same lot which is used for an accessory use. Accessory use: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. The following section of the zoning ordinance addresses accessory buildings and structures, and specifically cites sport courts as an accessory building or structure or such use would not be under the section entitled Accessory Buildings and Structures. Section 1, Subdivision 4 (entitled Accessory Buildings and Structures), item D2 (entitled Sport Courts): This item defines standards which shall apply to sports courts. Per staff, these address a sport court which is outside. As such, by placing the sport court inside, staff deems the sport court use as not an accessory use. This appears to be in conflict with the definition of accessory use and accessory building. Specifically, sport courts are listed under a section entitled Accessory Buildings and Structures, and the use as a sports court is an accessory use per the definition of the zoning code which states "a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use." Therefore, the portion of the addition used as a sport court by its literal definition is an accessory use and per the literal definition of accessory building, is indeed an accessory building and therefore is subject to the minimum amount and total size of accessory buildings as listed in Section 1, Subdivision 4, item 8d, which states that the combination of accessory buildings and garages shall not exceed three thousand six hundred (3,600) square feet. Supporting the interpretation of the sport court as an accessory use, another portion of the zoning code is referenced: Section 1, Subdivision 2 (entitled Accessory Uses under the RX zoning), item F9 (entitled swimming pools, sport courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests). This portion of the ordinance clearly shows that the sport court is an accessory use. The sport court is listed therefore not only under a section entitled "Accessory Buildings and Structures ", but also "Accessory uses ". It is noted that a sports court is listed as an • • • accessory use in all residential districts. Per the definition of accessory building, again, it is `A portion of the principal building (emphasis added) or a detached structure on the same lot which is used for an accessory use." Again, sport courts are by definition, an accessory use (Section 1, Subdivision 2, item F9). By placing an accessory use into "a portion of the principal building" it becomes by definition, an accessory building. We are having trouble construing any meaning other than the indoor sport court is an accessory building per the definitions and ordinance citations. The zoning code limits the size of accessory structures and buildings to avoid a significant use of the and which is not principal in its use. Zoning codes protect property and values, and we believe that allowing this accessory sport court use and building, especially so close to our lot line, will negatively devalue our lakefront home. We implore upon you members of the Board of Appeals and Adjustments to interpret the zoning ordinance literally, as we believe would so be done by a court of law, to avoid irreparable harm to our property and its value. Again, attached, per the request we made of staff, is a copy of the proposed addition, showing it is near as close to our property as cart be placed by minimum setback requirements. Having this significant mass of structure with accessory use next to our property, running several hundred feet along our side yard, is an obtrusive use that the spirit of the zoning ordinance does not purposefully allow. We kindly ask for your careful consideration of our request to avoid irreparable harm to the value of our lakefront home. Thank you for your consideration in this request. Respectfully submitted,, Paul and Julie Schwartz 2140 Otter Lake Drive Lino Lakes, MN Larkin Hoffman • Larkin Hoffman ATTOfNEVS November 4, 2008 11/5/2008 10:55 PAGE 002/004 Fax Server ATTACHMENT 3 Board of Appeals and Adjustments Mr. Michael Grochala, Community Development Director The City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 -1194 GENERAL: 952- 835 -3800 FAX: 952- 896 -3333 WE6: www.larkinhoff ian.corn Via Facsimile & U.S. Mail Re: Appeal by Paul and Julie Schwartz regarding 2120 Otter Lake Drive Our File #28,825 -03 Dear Members of the Board of Appeals and Adjustments: This firm represents Mark and Kathleen Smith in connection with their response to the appeal by Paul and Julie Schwartz (the "Schwartz ") of the Smiths' request for a building permit. As a result of this appeal, the City has stayed the decision as to whether to grant a building permit to Mr. and Mrs. Smith. We submit this letter in support of the City Staff's interpretation of the City's Ordinances and in support of the City granting the building permit. In their submission, the Schwartz make certain admissions regarding the legality of Mr. and Mrs. Smith's proposed addition. First, the Schwartz admit that the proposed garage addition would be within the maximum accessory building size allowed by the City's Zoning Ordinance. Second, the Schwartz admit that the proposed addition to the house is within the legally allowed side yard set back requirements. Therefore, the Schwartz's question is solely with how the City defines that portion of the proposed addition that will be used by Mr. and Mrs. Smith and their children for recreational purposes. To be clear, this space is an expansion of the lower and main level living areas including a larger recreation and family room. It is our understanding that the City has issued building permits for similar uses, defining these uses as part of the home and not as an "accessory use." Mr. and Mrs. Smith simply request that the City provide them the same treatment. Discussion It is understandable that the City has not considered such uses accessory uses. A city has accessory use laws to prevent uses that detract from the property as a truly residential use (i.e., hobby farms, barns, home businesses, etc.). However, when a use is attached, fully enclosed and not distinguishable in appearance from the remainder of the home, the rationale to prohibit the use as accessory no longer exists. The attachment, enclosure and appearance of the structure mitigates the normal problems associated with an accessory use. Larkin Hoffman 11/5/2008 10:55 PAGE 003/004 Fax Server Mr. Michael Grochala, Community Development Director November 4, 2008 Page 2 In addition, the categorization of a recreational room for Mr. and Mrs. Smith and their children as a use accessory to the home does not comport with the definitions contained in the City's Zoning Ordinance. The following definitions are instructive: accessory use - "a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use." incidental use - "a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use." principal use - "the primary or predominant use of any lot and/or building." dwelling - "a structure or portion thereof which is used exclusively for human habitation." Under the City's definitions, a particular use cannot be both a principal use and an accessory use. The principal use of Mr. and Mrs. Smith's home is as a dwelling, a structure for human habitation. Habitation is commonly defined as "a dwelling place; a domicile." Black's Law Dictionary (ab. 8th ed.) 590. Clearly, Mr. and Mrs. Smith's home is their domicile. The proposed addition will be a location within the home where Mr. and Mrs. Smith and their children recreate. Having a room within a home for recreation, no matter how large or small, is consistent with the use of a home as a dwelling. It cannot be said that such a use is "customarily incidental and subordinate to the principal use," it is an integral part of the principal use. Therefore, the proposed addition will be inhabited and occupied as Mr. and Mrs. Smith's domicile to the same extent as the rest of the home. The Minnesota Supreme Court has also expounded on the definition of an accessory use. In Lowry v. City of Mankato, 42 N.W.2d 553 (Minn. 1950), the Court determined: Ordinarily, the word `accessory' when applied to a building denotes that it is used as an adjunct of and in subordination to another building.... A thing is `subordinate' when it is ancillary or auxiliary to a principal thing ... . `Incidental' has much the same meaning as `accessory' and `subordinate' and is used to convey the idea of a thing being subordinate to, dependent on, and pertaining to another thing which is the principal one. Id at 558. Applying the Lowry definition, the proposed addition is not ancillary or auxiliary to the principal thing; the addition constitutes the principal use of the lot as a dwelling. Further, while the proposed addition may be used by Mr. and Mrs. Smith and their family to play basketball, it is only about half the size of an actual basketball court. Due to its size, intended use for the family and design that makes it indistinguishable from the remainder of the home, the Larkin Hoffman 11/5/2008 10:55 PAGE 004/004 Fax Server • Mr. Michael Grochala, Community Development Director November 4, 2008 Page 3 • • proposed addition does not meet the definition of "sport court" as set forth in the City's Ordinance. The City's Ordinance defines sport court as "a facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, or volleyball." A facility is "something created to serve a particular function." Webster's II New Riverside University Dictionary 460. The proposed addition, however, is not a facility. First, it will be a room in Mr. and Mrs. Smith's home. Second, it is not being constructed to serve one particular function; rather, it will serve numerous functions, including exercise and relaxation purposes for the family. Additionally, the proposed addition is not intended for sport activities. It will be used for exercise by residents of the household not for organized, competitive sports activities. In addition, the proposed addition will also not have a paved playing surface. It will have hardwood floors consistent with the finish of the remainder of the home. Inclusion of reference to a paved playing surface indicates that a sport court was intended to be an outdoor, detached sport court. Several provisions in the Ordinance regulating sport courts also lead to this same determination. For example, the Ordinance imposes requirements regarding the height of practice walls and chain link fencing and the direction of lighting. Such requirements are not applicable to a room fully connected as an integrated part of a residence. Conclusion Clearly, the addition proposed by Mr. and Mrs. Smith is not an accessory use to Mr. and Mrs. Smith's home. While the Schwartz may not be happy with Mr. and Mrs. Smith increasing the size of their home, that is all the proposed addition does, increase the size of the home. As the City has recognized in the past, the proposed addition and its proposed use is not an accessory use, it is part of the principal use of the property as a home. Mr. and Mrs. Smith simply requests that they receive like treatment and that their building permit be issued. Thank you for your consideration. arkin Hoffman Daly & Lindgren Ltd Direct Dial: Direct Fax: Email: 952- 896 -3290 952- 842 -1729 weriffith@larkinhoffman.com cc: Mark Smith Tamara O'Neill Moreland, Esq. 1226023.1 s • • o a 0 0 N w 0 0 < O Q o_ H- L1.1 w J J 0 0 Nw J J w m CD Q H N (1) Z w oQ J w c a cr I I / 1 \ ■ I1. \ l sc? \ / / �i • - v �, vN v v �� /� j ' � ii / —/ ,ice i i. —�• iii �� �i i i -- �/ /v �_ /� i /' i i/ / -v�� -• �� %�'� -� pN ��/ i �-hY ���' �_�� / pG� r , � �� N� �PZP�RI SN (fi.6' NI W5 -1 • lI.vP 911.5 Gov‘{Ou ts) r -- E N tu t oo WO ¢H L - -J m J ;�,JLnm N WW 4/ co 5. W3 u31 �t� zvl�z z 2 Z M `, N r, .{ I -,1 1 11 GI t. .0 -,6Z 31Yld I /AI 01x1 -1 A13N ('.LL) ,9-,G 9 S9v19 IX31d ,OE'.ZL 31v1d I /M 01x1 -1 M3N ('d11) ,9-1G • 99V-19 IX31d ,OEX.ZL 1 0 'rt .9-r . {I-,Z .9-,I I .f -,ZI uINVA T 0 31v1d I /M '21011 1.N07 01x1 -1 AWN SIX; A „tt 9 .10 ,t LS 9XZ • .W31 NMV 1■01 -14 ,$ Xp9i Mai f .$ X.9Z M3f'1 2.1.Y1.1 l /M / arld l /M 01 %z -Z OIXZ -Z /AM /UN .1 -,Z .I -,G .91G a arid l /M olxz -Z M3N no-A AlOio 9NINMV 103x1.1 ,$7x.0E /M 319Y033d0) .09 %.0E M•1 0139 9NINIAv 03 Id „tzx,o9 /M 1319vg13d0) 09X.06 -Z Mal ,{9 -,ZI .9-,G • • • Attachment 5 — Zoning Ordinance Provisions Section 1, Subdivision 2. Definitions Accessory Building. A portion of the principal building or a detached structure on the same lot which is used for an accessory use. Accessory Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the and or building and located on the same lot with such principal use. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Building, Principal. A building in which is conducted the principal use of the lot on which it is located. Dwelling. A structure or portion thereof which is used exclusively for human habitation. Dwelling, Single Family Detached. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. Principal Use. The primary or predominant use of any lot and /or building. Sport Court. A facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, or volleyball. Section 2, Subdivision 4. Administration: Variances and Appeals B. Appeal Procedure. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. The City Council shall be the Board of Appeals and Adjustments with powers listed in Minnesota Statutes 462.357, subdivision 6. 1. Appeal Procedures. a. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. 1 • • b. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. c. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. d. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals. e. The Board of Appeals and Adjustment shall consider the application for appeal at a public meeting and consider testimony of the property owner and City staff. f Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed, unless the review is extended as allowed by MN Stat. 15.99. g. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. Section 3, Subdivision 4.D Accessory Buildings and Structures 2. Sport Courts. In all districts, the following standards shall apply to sport courts: a. A building permit shall be required for all private residential and commercial sport courts. b. A conditional use permit shall be required for all commercial sport courts. • • • c. An application for a building permit or a conditional use permit shall include a site plan showing the following along with all required information: 1) The size, shape, pavement and sub - pavement materials. 2) The location of the court. 3) The location of the house, garage, fencing, septic systems and any other structural improvements on the lot. 4) The location of structures on all adjacent lots. 5) A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court. 6) Landscaping and turf protection around the court. 7) Location of existing and proposed wiring and lighting facilities. d. Sport courts shall not be located closer than ten (10) feet to any side and rear lot line. Sport courts shall not be located within any required front yard or side yard abutting a street. e. Sport courts shall not be located over under - ground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage or other easement. f. Solid sport court practice walls shall not exceed ten (10) feet in height. A building permit shall be required for said walls. Said walls shall be set back a minimum of thirty (30) feet from any lot line. g. Chain link fencing surrounding the sport court may extend up to twelve (12) feet in height above the sport court surface elevation. h. Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. 9. Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. • • • d. Two and One -Half (2 1/2) Acres to Less Than Five (5) Acres. (R, R -X, R -BR, R -1, R -1X, R -EC, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed three thousand six hundred (3,600) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures. 3) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) No metal sheet/panel siding with vertical orientation except upon tool sheds less than four hundred (400) square feet in area. Metal horizontal lap siding is acceptable. 5) Twenty -four (24) feet maximum height. 6) Roof and exterior color and material compatible with home (except manufactured metal tool shed). Section 5, Subdivision 2. R -X Rural Executive F. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -X District: 1. Accessory apartments as regulated by Section 3, Subdivision 10 of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic and farm supplies, and non - commercial recreational equipment, as regulated by Section 3, Subd. 4.D of this Ordinance. 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. 4. Home occupations as regulated by Section 3, Subd. 8 of this Ordinance. • • • 5. Operation, parking, or storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district. 6. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or Tess in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 7 Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance. 8. Signs as regulated by the city sign ordinance, Ord. No. 12 -97, as amended, of the City Code. 9. Swimming pools, sport courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests, as regulated by Section 3, Subd. 4.D of this Ordinance. • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6B Michael Grochala November 10, 2008 Consideration of Resolution No. 08 -131, Authorizing Distribution of Draft Comprehensive Plan Update to Adjacent Governmental Jurisdictions for Review and Comment Simple Majority Minnesota Statutes section 473.864 requires all metropolitan area units of government to review and, if necessary, amend their entire comprehensive plans, fiscal devices, and official controls at least once every ten years. This "decennial" review requirement ensures that the comprehensive plans conform to metropolitan system plans and do not conflict with or permit activities that conflict with metropolitan system plans. By statute, plan updates and amendments must be completed by December 31, 2008. The draft Comprehensive Plan document has been completed and reviewed by the Comprehensive Plan Advisory Panel, Environmental Board, Park Board and Economic Development Advisory Committee. The draft plan was distributed to the City Council on September 2, 2008. The City's third "Open House" was held on September 4. The Planning and Zoning Board held a public hearing on September 10, 2008 and recommended approval of the plan with some minor modifications. The City Council is currently reviewing the plan. Minnesota Statutes section 473.858, Subdivision 2, requires that local governmental units submit their proposed plans to adjacent governmental units for review and comment at least six months prior to submission of the plan the Metropolitan Council. The City Council recently took action to request an extension of time to complete the plan. The Metropolitan Council has extended the deadline to May 29, 2008. Distribution of the draft plan, at this time, will allow for completion of the six month review period prior to the extended deadline. Distribution of the plan to adjacent jurisdictions does not preclude the City from making modifications to the plans prior to the submittal to Metropolitan Council. Additionally, changes to the plan do not require an additional six month review period for adjacent jurisdictions. RECOMMENDATION: Staff recommends approval of Resolution No. 08 -131. ATTACHMENTS: 1. Resolution No. 08 -131 • • • IIICouncil Member introduced the following resolution and moved its adoption: • • CITY OF LINO LAKES RESOLUTION NO. 08 -131 RESOLUTION AUTHORIZING DISTRIBUTION OF DRAFT COMPREHENSIVE PLAN UPDATE TO ADJACENT JURISDICTIONS FOR REVIEW AND COMMENT WHEREAS, Minnesota Statutes, section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes section 473.858, Subdivision 2, requires that local governmental units submit their proposed plans to adjacent governmental units for review and comment at least six months prior to submission of the plan the Metropolitan Council. WHEREAS, the Metropolitan Council has granted the City an extension to May 29, 2009 to complete the "decennial" review and amendments; and WHEREAS, the City Boards and Committees have reviewed the plan and recommended its approval; and WHEREAS, The Planning and Zoning Board held a public hearing on September 10, 2008 and following said hearing made a recommendation to approve the plan with changes; and WHEREAS, the City Council will continue to review the document during the six month review period. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The Community Development Director is hereby directed to distribute the draft Comprehensive Plan to adjacent governmental units for review and comment in accordance with State Statutes. Julianne Bartell, City Clerk John J. Bergeson, Mayor Adopted by the Lino Lakes City Council this 10th day of November, 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. • • •