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HomeMy WebLinkAbout11/24/2008 Council PacketSUMMARY MINUTES Monday, November 24, 2008 * * ** * *** * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A) Review of Regular Meeting Agenda ➢ Open Mike / Public Comment No one addressed the council ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell, and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. A) Consideration of Expenditures: i) November 24, 2008 (Check No. 84452 through 84537) in the amount of $269,688.30; Pg 4 -14 ii) Centennial Fire District (Check No. 3488 through 3506) in the amount of $32,939.13 Pg 15 B) Consider approval of November 3, 2008 Council Work Pg 16 -22 Session Minutes C) Consider approval of November 10, 2008 City Council Pg 23 -28 Meeting Minutes 11/24/2008 Council Agenda -2- SUMMARY MINUTES D) Consider approval of October 27, 2008 Comp Plan Review Work Session Minutes Pg 29 -32 E) Consider Resolution No. 08 -140, Approving the Extension of Final Plat for Main Street Village Pg 33 -36 Consider Resolution No. 08 -132, Accepting a Drainage and Utility Easement at 1414 Sherman Lake Road Pg 37 -40 G) Renew Joint Powers Agreement with Anoka County Joint Law Enforcement Council Pg 41 -47 H) Renew contract with Otter Lake Animal Care Center Pg 48 -52 I) Consider approval of November 10, 2008 Canvassing Board Minutes 2009 City Council Meeting Schedule Action Taken: Motion by Gallup, seconded by Stoltz, to approve the Consent Agenda, Items 1A through 1J, was adopted Pg 53 TM - R A) Public Hearing and 1St Reading of Ordinance No. 16 -08 adjusting the Water Utility Rate schedule. Reading and roll call required Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve 1st reading of Ordinance No. 16 -08, was adopted: Yeas, 4; Nays, 1 (Reinert) Pg 54 -56 TRATION DEPARTMENT 2EPORT A) Public Hearing and 2 "d Reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule, Julie Bartell Pg 57 -60 Reading and roll call required Action Taken: Motion by Stoltz, seconded by Gallup, to approve 2nd reading and adoption of Ordinance No. 13 -08, was adopted: Yeas, 5; Nays, 0 i) Consider Resolution No. 08 -141, Approving summary publication of Ordinance 13 -08 Action Taken: Motion by Gallup, seconded by O'Donnell, to approve Resolution No. 08 -141 as presented, was adopted Council Agenda -3- SUMMARY MINUTES B) Accept resignation (retirement) of Police Officer Timothy Ross effective January 31, 2009 Pg 61 Action Taken: Motion by Reinert seconded by Gallup, to accept the resignation of Officer Ross with great appreciation for his years of service, was adopted on a unanimous vote C) First Reading of Ordinance No. 15 -08, revising the City's existing regulations on background checks, Dan Tesch Reading and roll call require Action Taken: Motion by Stoltz, seconded by Gallup, to approve 1st reading of Ordinance No. 15 -08, was adopted: Yeas, 5; Nays, 0 Pg 62 -65 D) Conditional offer of Employment for Accounts Payable /Payroll Technician Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve a conditional offer of employment to Kim Fread, was adopted 'ARTM E NT ,REPORT, Dave Pec A) Consider Resolution No. 08 -138 accepting a donation from Target for domestic violence intervention program Pg 66 -67 Action Taken: Motion by Reinert, seconded by O'Donnell, to accept the donation from Target with thanks, was adopted B) Consider Resolution No. 08 -139 accepting a donation from Residential Mortgage Group's "Refer a friend, Build your Community" program Pg 68 -69 Action Taken: Motion by Stoltz, seconded by Gallup, to accept the donation with thanks, was adopted No report. A) Consider Resolution No. 08 -134, Approving a Variance from the Ordinary High Water Level to allow for the reconstruction of an accessory structure located at 1801 77th Street, Paul Bengtson Pg 70 -78 Action Taken: Motion by Reinert, seconded by Gallup, to table consideration of Resolution No. 08 -134, was adopted (the council will have further discussion on the matter at the December 1 work session) Council Agenda -4- SUMMARY MINUTES B) Consider Resolution No. 08 -133, Approving Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line adjustment, Paul Bengtson Pg 79 -81 Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve Resolution No. 08 -133 as presented, was adopted C) Consider 1st Reading of Ordinance No. 14 -08, Amending the Planned Unit Development for Legacy at Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes Town Center Design and Development Guide, Paul Bengtson Reading and roll call required Action Taken: Motion by Reinert, seconded by Gallup, to approve 1St reading of Ordinance No. 14 -08, was adopted: Yeas, 5; Nays, 0 Pg 82 -84 l A) Selection of attorney for audit of Charter Commission practices Action Taken: Motion by Stoltz, seconded by Gallup, to retain Attorney Michael Dougherty to conduct the audit, was adopted NE BUSINESS None t 1- Community Calendar - A Look Ahead November 25, 2008 through December 8, 2008 Thursday /Friday, Nov 27 -28 Monday, December 1 Monday, December 1 Thursday, December 4 Monday, December 8 Thanksgiving 5:30 pm, Community Room 6:30 pm, Library 7:00 am, Community Room 6:30 pm, Council Chambers City Hall Closed Council Work Session Park Board EDAC Council Meeting Monday, November 24, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A) Review of Regular Meeting Agenda icARNidiq t?,iiAlrgele?4 iiag,;;Wsik;4 ,k-WO Ret'UNSY,:i 11641 • Open Mike / Public Comment > Call to Order and Roll Call • Pledge of Allegiance > Setting the Agenda: Addition or deletion of agenda items T7— 01010,0161_ A) Consideration of Expenditures: i) November 24, 2008 (Check No. 84452 through 84537) in the amount of $269,688.30; ii) Centennial Fire District (Check No. 3488 through 3506) in the amount of $32,939.13 Pg 4-14 Pg 15 B) Consider approval of November 3, 2008 Council Work Pg 16-22 Session Minutes C) Consider approval of November 10, 2008 City Council Pg 23-28 Meeting Minutes D) Consider approval of October 27, 2008 Comp Plan Review Work Session Minutes Pg 29-32 E) Consider Resolution No. 08-140, Approving the Extension of Final Plat for Main Street Village Pg 33-36 11/24/2008 Council Agenda -2- F) Consider Resolution No. 08 -132, Accepting a Drainage and Utility Easement at 1414 Sherman Lake Road Pg 37 -40 G) Renew Joint Powers Agreement with Anoka County Joint Law Enforcement Council Pg 41 -47 H) Renew contract with Otter Lake Animal Care Center Pg 48 -52 1) Consider approval of November 10, 2008 Canvassing Board Minutes J) 2009 City Council Meeting Schedule Pg 53 A) Public Hearing and 1St Reading of Ordinance No. 16 -08 adjusting the Water Utility Rate schedule. Reading and roll call required Pg 54 -56 INI` Lan lescli !. A) Public Hearing and 2"a Reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule, Julie Bartell Reading and roll call required i) Consider Resolution No. 08 -141, Approving summary publication of Ordinance 13 -08 Pg 57 -60 B) Accept resignation (retirement) of Police Officer Timothy Ross effective January 31, 2009 Pg 61 C) First Reading of Ordinance No. 15 -08, revising the City's existing regulations on background checks, Dan Tesch Pg 62 -65 Reading and roll call require D) Conditional offer of Employment for Accounts Payable/Payroll Technician (to follow) TMENT REPORT, Dave „Pecc Pg A) Consider Resolution No. 08 -138 accepting a donation from Target for domestic violence intervention program Pg 66 -67 B) Consider Resolution No. 08 -139 accepting a donation from Residential Mortgage Group's "Refer a friend, Build your Community” program Pg 68 -69 Council Agenda D No report. -3- 1�cFael Gros; A) Consider Resolution No. 08 -134, Approving a Variance from the Ordinary High Water Level to allow for the reconstruction of an accessory structure located at 1801 77th Street, Paul Bengtson B) Consider Resolution No. 08 -133, Approving Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line adjustment, Paul Bengtson C) Consider 1st Reading of Ordinance No. 14 -08, Amending the Planned Unit Development for Legacy at Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes Town Center Design and Development Guide, Paul Bengtson Reading and roll call required Pg 70 -78 Pg 79 -81 Pg 82 -84 A) Selection of attorney for audit of Charter Commission practices Pg 85 -86 None Aajournmex Community Calendar— A Look Ahead November 25, 2008 through December 8, 2008 r5 Thursday & Friday, November 27 -28 Thanksgiving City Hall Closed ri Monday, December 1 5:30 pm, Community Room Council Work Session 11. Monday, December 1 6:30 pm, Council Chambers Park Board :`!= Thursday, December 4 7:00 am, Community Room EDAC k Monday, December 8 6:30 pm, Council Chambers Council Meeting MARTHA WEAVER Public Information Manager Direct #763 - 323 -5744 E -mail: martha.weaverizco.anoka.mn.us -)1.S-1-)ri ki d Wk ssicy) 11 f2c COUNTY OF ANOKA OFFICE OF PUBLIC INFORMATION GOVERNMENT CENTER 2100 3RD AVENUE STE 700 • ANOKA, MINNESOTA 55303 -5024 (763) 323-5700 November 21, 2008 Contact: Martha Weaver, Public Information Manager, 763 - 323 -5744, or e-mail: martha.weavericz -co.anoka.mn.us of FOR IMMEDIATE RELEASE Airport Committee Public Information Meeting Canceled The Anoka County Board of Commissioners Airport Committee is no longer considering a proposed resolution of support for lengthening a runway at the Anoka County- Blaine Airport. Therefore, at the call of the committee chair Scott LeDoux, the November 18, 2008, meeting of the Airport Committee has been adjourned as of November 20, 2008, with the unanimous consent of fellow committee members Commissioner Robyn West and Commissioner Dan Erhart. As a result, there will not be a public information meeting December 2, 2008, in Blaine. No further meetings on this issue have been scheduled. -30- MW:kh FAX: 763 -323 -5682 Affirmative Action / Equal Opportunity Employer TDD /TTY: 763 -323 -5289 Alan Rolek Pi cll. 6 (-ect u ,t s sia-%; From: Carol Danielson Sent: Monday, November 24, 2008 7:59 AM To: Alan Rolek Subject: FW: Water Rate Adjustments Attachments: image001.jpg Original Message From: John Long [mailto:jlong@avionte.com] Sent: Friday, November 21, 2008 5:00 PM To: Carol Danielson Subject: Water Rate Adjustments City Council, I am emailing about the Water Rate Adjustments. Maybe I am just more aware of the role of government currently, but I am very pleased with the approach you have taken with the water costs. In general, I usually align with conservation but I also believe in the practical nature of business. I think the approach of charging MORE per gallon for heavy users is a great way to truly incent people that are aware of their water use as well as encouraging everyone to be more conservative. Thank you for taking an innovative (at least to me) approach to water costs and your attention to water conservation! Thanks, John Long 2220 Flora Ct Hugo (Lino!), MN 55038 John -Email Signature 1 • EXPENDITURES NOVEMBER 24, 2008 • • Date: 11/14/2008 Time: 09:28:16 City of Lino Ickes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal S: (R) 7569 - 7586 Trans #: (A) Line t- (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Vendor # Name Operator: JAL Page: Invoice Status: A # of copies: 1 Check Over Expend: N Discount # of items Net Gross Discount Lost 000025 BEISSWENGER'S, INC. 1 45.79 45.79 .00 .D0 000057 PREMIUM WATERS, INC. 1 31.59 31.59 .00 .00 000078 GILBERTSON, STEVE 1 162.57 162.57 .D0 .00 000093 ACE SOLID WASTE, INC. 1 410.26 410.26 .00 .DO 000120 ST. JD 'S CHURCH 1 300.00 300.00 .00 .DD 000210 AMERICAN FASTENER E SUPPLY, INC. 1 38.24 38.24 .00 .00 000303 INSTALS/METAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000356 . RICK BOSCHEE HOMES, INC. 1 500.00 500.00 .00 .D0 000371 CONNEXUS ENERGY 1 3,480.87 3,480.87 .DD .00 000408 AFSCME COUNCIL #5 1 898.40 898.40 .00 .00 000420 ANOKA COUNTY 2 321.00 321.00 .00 • 000421 ANOKA COUNTY TREASURER 1 2,523.38 2,523.38 .00 . -a 000478 ARCADE ASPHALT, INC. 1 900.00 900.00 .OD .OD 000490 ASLESON, MARTY 1 352.38 352.38 .00 .00 000558 BACCHUS HOMES, INC. 3 1,500.00 1,500.00 .00 .00 000580 BAROTT DRILLING SERVICES, INC. 1 14.90 14.90 .00 .00 000610 BADER BUILT, INC. 1 1,220.49 1,220.49 .00 .00 D00684 MINVALCO, INC. 1 400.61 400.61 .00 .D0 000718 HOMES BY J BROWN 5 3,500.00 3,500.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 125.43 125.43 .00 .00 000758 IMPERIAL HOMES, INC. 1 1,478.00 1,478.00 .00 .00 D00770 BOYER TRUCKS. INC. 1 271.81 271.81 .D0 .00 • Date: 11/14/2008 Time: 09:28:16 City of Lino Lakes FM Entry - Invoice Journal 111 Vendor R Name # of items Operator: JAL Page: 2 Discount Net Gross Discount Lost 000860 BROADWAY AWARDS, INC. 1 34.61 34.61 .DD .DD 0D0900 D'REILLY AUTOMOTIVE, INC. 1 650.66 650.66 .00 .00 000913 TAHD SPORTSWEAR, INC. /SATORN 5CREfNPRINT 1 3,514.10 3,514.10 .00 .00 0D0946 C. P. OFFICE PRODUCTS 1 193.23 193.23 .00 .DD 000950 C. W. HDULE, INC. 1 2,350.00 2,350.00 .00 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 68.20 68.20 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 1,307.24 1,307.24 .D0 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 922.71 922.71 .00 .00 001100 CIRCLE PINES POST OFFICE 1 126.00 126.00 .00 .00 001101 CENTENNIAL LAKES POLICE DEPARTMENT 1 6,120.00 6,120.00 .DD .DD 001110 CENTENNIAL UTILITIES 2 2,755.16 2,755.16 .00 .DD 001148 EGAN OIL COMPANY 1 9,441.6D 9,441.60 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 14.37 14.37 .00 .00 001270 DALCO, INC. 1 168.95 168.95 .00 .00 •.L4BO 12 98 DEGANER, RI1 68.44 68.44 .00 _00 1 11,175.51 11,175.51 .DD .00 HAWKIN5 INC. 001550 ASSURANT EMPOLYEE BENEFITS 1 1,099.42 1,099.42 .0D .00 001560 FRA2TALLONE'S HARDWARE, INC. 1 33.18 33.18 .00 .00 001561 EMERGENCY AUTOMOTIVE TECffiipLOGIES, INC. 1 211.94 211.94 .00 .00 001628 T -RAY CONSTRUCTION CO., INC. 1 1,300.00 1,300.00 .00 .00 002001 10, 000 LAKES CHAPTER 1 350.00 350.00 .00 .00 002154 KLUEGEL, PETER 1 94.71 94.71 .00 .DD 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 966.00 966.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 3 660.00 660.00 .DD .D0 1 140.86 140.B6 .00 .00 002340 IMAGE PRINTING INC. 002550 MENARDS, INC. 1 263.18 263.18 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 2 48,956.80 48,956.8D .DD .DD Date: 11/14/2008 Time: 09:28:16 City of Lino Lakes Operator: JAL Page: 3 FM Entry - Invoice Journal Vendor # • Name S of items Net Gross Discount Disc 002613 MIDWEST LANDSCAPES, INC. 3. 5,740.60 5,740.60 .D0 .00 002694 AMERICAN MESSAGING 1 20.64 20.64 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 248.67 248.67 .00 .00 002743 BCA/CRIMINAL JUSr10E INFO SYSTEMS 1 350.00 350.00 .00 .DD 00279D TESSMAN SEED COMPANY, INC. 1 745.50 745.50 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 6B1.40 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 122.38 122.38 .00 .0D 003250 XCEL ENERGY 1 102.73 102.73 .OD .00 00360D PRESS PUBLICATIONS, INC. 7 1,539.55 1,539.55 .D0 .00 00391D SAM'S CLUB, INC. 1 99.11 99.11 .D0 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 628.77 626.77 .00 .00 GARAGE 1 90.00 90.00 .00 .DD 004540 TWIN QTY DOOR CO., INC. 004560 U S BANK 1 1,529.59 1,529.59 .00 .00 004606 U. S. BANK 1 1,035.00 1,035.00 .0D .00 004670 COMCAST 2 69.90 69.90 .D0 .00 004840 WINNICK SUPPLY, INC. 3 326.65 326.65 .D0 005007 LUNDA CONSTRUCTION COMPANY 1 76,459.21 76,459.21 .DD ...o 007354 CROWN TROPHY 1 213.00 213.00 .00 .D0 D07369 JOHNSON, JOSt.YN 1 181.14 181.14 .00 .D0 007378 ANDERSON, KAREN 1 747.98 747.98 .00 .00 007392 HAWKINS 4 BAUMGARTNER, P.A. 1 2,062.73 2,062.73 .00 .D0 007587 PENN CONTRACTING, INC. 1 30,305.00 30,305.00 .00 .00 007642 SWEENEY, BORER, & SWEENEY, P.A. 1 11,296.35 11,296.35 .00 .D0 007659 STEICHEN, SHARON 1 28.00 28.00 .00 .00 007660 BURNHAM TREE EXITS 1 69.23 69.23 .DD .00 007661 CARLSON- LAVINE, INC. 1 1,000.00 1,000.00 .OD .D0 007662 THE CITIZEN 1 840.00 840.00 .0D .0D • Date: 11/14/2008 Time: 09:28:17 City of Lino Lakes FM Entry - Invoice Journal vendor 8 Name it of items Operator: JAL Page: 4 Net Gross Discount Discount Lost 1 9,252.00 9,252.00 .00 .00 007663 DUSTIN DEETS, LLC 1 500.00 500.00 .00 .00 900076 PROCRAFT HOMES, INC. 1 5O0.00 500.00 .00 .00 900147 VAIL BUILDERS, INC. 900247 UPPER MIDWEST COMMUNITY POLICING INSTITU 1 98.00 96.00 .00 .DD 900491 RDSEVILI+E, CITY OF 2 11,053.50 11,053.50 .00 .00 1 146.58 146.58 .00 .00 900591 CORPORATE EXPRESS, INC. Grand Totals: 103 269,688.30 269,688.30 .00 .00• • ID Date: 11/14/2008 Time: 09:35:15 Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 7572 - 7588 Bank #: (A) Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Options: Print Ranges /Options: Y Page on Department. N Department # of copies: 1 Vendor Name Description MAYOR /COUNCIL MAYOR /COUNCIL [MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION AFSCME COUNCIL #5 MONTHLY DUES ANOKA COUNTY EAT MINNESOTA STATE RETI 10 -26 -D8 - 11 -08 -28 HCSA CENTENNIAL LAKES POL REIMBURSE SEPT AND OCT E LAW ENFORCEMENT LABO MONTHLY DUES METRO COUNCIL ENVIRD OCTOBER SAC MN CHILD SUPPORT PAY B.HRONSKI, 0011745515 Total for Department LEAGUE OF MINNESOTA PRESS PUBLICATIONS, SAM'S CLUB, INC. THE CITIZEN DUSTIN DEETS, LLC LEGISLATIVE CONFERENCE HALF PAGE ADV SUPPLIES ADVERTISING FOR HALF PAG COMMUNICATION SUPPORT Total for Department 401 ADMINISTRATION RESOU OCTOBER COBRA SERVICES ASSURANT EMPLOYEE BE MONTHLY BENEFIT LEAGUE OF MINNESOTA 2008 REGIONAL MEETING LEAGUE OF MINNESOTA CONFERENCE - MITRE LEAGUE OF MINNESOTA LEGISLATIVE CONFERENCE Total for Department 402 ELECTIONS PRESS PUBLICATIONS, NOTICE OF SPECIAL ELECTI Total for Department 403 CHARS PRESS PUBLICATIONS, SPECIAL COUNCIL WORKSESS Total for Department 405 SENIORS ASSURANT EMPLOYEE BE MONIBLY BENEFIT Total for Department 406 FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS ASSURANT EMPLOYEE BE MONTHLY BENEFIT ROSEVILLE, CITY OF IT SUPPORT Total for Department 407 HAWKINS & BADMGARTNE OCTOBER LEGAL SERVICES SWEENEY, BORER, & SW LEGAL SERVICE Total for Department 414 Amount 898.40 97.00 922.71 6,120.00 966.00 1,806.75 681.40 11,492.26* 125.00 976.50 14.79 840.00 9,252.00 11,208.29* 68.20 85.05 40.00 370.00 125.00 688.25* 114.75 114.75* 22.95 22.95* 5.67 5.67* 57.25 4,147.50 4,204.75• 1,828.09 10,582.35 12,410.44• • • • Date: 11/14/2008 • Department Time: 09:35:15 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ECONOMIC DEVELOPMENT ASSURANT EMPLOYEE BE MONTHLY BENEFIT ECONOMIC DEVELOPMENT U S BANK SEMINAR /MARY D ECONOMIC DEVELOPMENT U S BANK SENSIBLE LAND USE ECONOMIC DEVELOPMENT U S BANK SENSIBLE LAND USE INTERE Total for Department 415 PLANNING PLANNING PLANNING COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 011IFI CE SCE FIRE BUILDING BUILDING BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET • & ZONING & ZONING & ZONING ASSURANT EMPLOYEE BE MONHLY BENEFIT PRESS PUBLICATIONS, PUBLIC HEARING 11/12/DB U S BANK PLANNING BOOK Total for Department 416 ANOKA COUNTY EXTERNAL BARD DRIVE FOR ASSURANT EMPLOYEE BE MONTHLY BENEFIT U S BANK SEMINAR /MIKE G Total for Department 418 CONNEXUS ENERGY BROADWAY AWARDS, INC FAST BREAK CORNER MA ASSURANT EMPLOYEE BE BCA /CRIMINAL JUSTICE SAM'S CLUB, INC. D S BANK II S BANK ANDERSON, KAREN TUITION REIMBURSEMENT, K UPPER MIDWEST COMMUN CLASS, WAGNER /STREGE CORPORATE EXPRESS, I PAPER, PENS Total for Department 420 MONTHLY SERVICE BRASS PLATES CAR WASHES MONTHLY BENEFIT INTOXILYZER 5DDD RECERT SUPPLIES FUNERAL ARRANGEMENT LODGING /KAREN A. ASSURANT EMPLOYEE BE MONTHLY BENEFIT Total for Department 421 INSPECTIONS ASSURANT EMPLOYEE BE MONTHLY BENEFIT INSPECTIONS 10,000 LAKES CHAPTER SEMINAR PETE AND VERN INSPECTIONS KI.UEGEL, PETER CLOTHING ALLOWANCE Total for Department 422 BEISSWENGER'S, INC. DIGGER CONNEXUS ENERGY MONTHLY SERVICE ANOKA COUNTY TREASUR SIGNAL MAINTENANCE AGGREGATE INDUSTRIES WINTER SAND ASSURANT EMPLOYEE BE MONTHLY BENEFIT AMERICAN MESSAGING NETWORK ADMIN FEE XCEL ENERGY MONTHLY SERVICE T.A. SCHIFSK.Y AND 50 ASPHALT JOHNSON, JOSEPH CLOTHING ALLOWANCE PENN CONTRACTING, IN 2006 SURFACE WATER MAN P Total for Department 430 AMERICAN FASTENER & NUTS, CAPS, COPPER COAT 16.91 35.00 70.00 21.30 143.21* 31.91 22.95 111.95 166.81* 224.00 44.51 35.00 303.51* 21.31 34.61 14.37 438.03 350.00 84.32 63.90 167.24 747.98 98.00 146.58 2,166.34* 43.86 43.86* 59.75 350.00 94.71 504.46* 45.79 1,038.93 2,523.38 1,307.24 98.70 4.13 48.23 628.77 181.14 30,305.00 36,181.31* 28.65 Date: 11/14/2008 Department Time: 09:35:16 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET BADER BUILT, INC. TIRES AND BALANCING BOYER TRUCKS, INC. SWITCH O'REILLY AUTOMOTIVE, PARTS, OIL AND AIR FILTE EGAN OIL COMPANY GASOLINE ASSURANT EMPLOYEE BE MONTHLY BENEFIT FRATTALLONE'S HARDWA CARPET TAPE EMERGENCY AUTOMOTIVE STROBE FACTORY MOTOR PARTS 97 CHEV BTAZEsr,HOSE, MAN U S BANS REGISTRATION /LES R Total for Department 431 GOVERNMENT BUILDINGS PREMIUM WATERS, INC. GOVERNMENT BUILDINGS ACE SOLID WASTE, INC GOVERNMENT BUILDINGS CONNEXUS ENERGY GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS CENTENNIAL UTILITIES GOVERNMENT BUILDINGS DALCO, INC. GOVERNMENT BUILDINGS ASSURANT EMPLOYEE BE GOVERNMENT BUILDINGS CENTERPOINT /MIINNEGAS GOVERMENT BUILDINGS TWIN CITY GARAGE DOO GOVERNMENT BUILDINGS U S BANK GOVERNMENT BUILDINGS U S BANK GOVERNMENT BUILDINGS U S BANK GOVERNMENT BUILDINGS COMCAST GOVERNMENT BUILDINGS WINNICK SUPPLY, INC. GOVERNMENT BUILDINGS ROSEVILLE, CITY OF Total for PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL KANDI 5 GALLONS MONTHLY RECYCLE AND NAST MONTHLY SERVICE OFFICE SUPPLIES, CHAIR M MONTHLY SERVICE, REISSUE CAN LINERS, KLEENEX, SOA MONTHLY BENEFIT MONTBLY SERVICE ADJUST ARM, RESET OPERAT FLASH DRIVE LABEL MAKER REFILLS/CALENDAR MONTHLY SERVICE EXPANDED 4t13 PHONE SERV FEB-OCT,SMART Department 432 GILBERTSON, STEVE ACE SOLID WASTE, INC CONNEBUS ENERGY CENTENNIAL UTILITIES DEGARDNER, RICK ASSURANT EMPLOYEE BE MENARDS, INC. CENTERPOINT /MI,NEGAS TESSMAN SEED COMPANY U S BANK U S BANK Total for CLATBING ALLOWANCE, GILB MONTHLY RECYCLE AND MAST MONTBLY SERVICE MONTHLY SratvLCE, REISSUE MILEAGE MONTHLY BENEFIT TREATED AG FOR RINK REPA MONTHLY SERVICE ATBE ETIC MIX REGISTRATION, MIKE, TRAC WORKSHOP /MIKE HA STEVE G Department 450 ASSURANT EMPLOYEE BE MONTBLY BENEFIT PRESS PUBLICATIONS, WARMING HOUSE ATTENDENT Total for Department 451 ASSURANT EMPLOYEE BE MONTBLY BENEFIT U S BANK CONFERENCE/MARTY A U S BANK /TIM PAYNE Total for Department 461 1,220.49 271.81 650.66 9,441.60 15.33 6.91 211.94 122.38 73.00 12,042.77• 31.59 449.70 1,108.99 193.23 2,693.81 168.95 10.56 133.67 90.00 92.94 29.99 146.35 69.9D 65.05 6,906.00 12,190.73* 162.57 -39.44 7.99 37.07 68.44 82.54 263.18 33.96 745.50 292.0D 90.00 1,743.81* 29.14 120.00 149.14* 11.92 73.00 73.0D 157.92* • • • Date: 11/14/2008 • Department Time: 09:35:16 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY ADULT SPORTS SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS YOUTH INSTRUCTIONAL irINSTRUCTIONAL YOUTH SPORTS DEBT SERVICE OTHER WATER WATER WATER • ASSURANT EMPLOYEE BE MONTHLY BENEFIT Total for Department 462 ASLESON, MARTY CLOTHING ALLOWANCE ASSURANT EMPLOYEE BE MONTHLY BENEFIT MIDWEST LANDSCAPES, TREES BURNHAM TREE EXPERTS STUMP REMDVAL Total for Department 463 Total for Fund 101 U S BANK STEICBEN, SHARON LETTERS TO SANTA CANCEL CLASS Total for Department TABU SPORTSWEAR, INC T- SHIRTS Total for Department 202 ST. JOSEPH'S CHURCH BREAKFAST WITH SANTA CIRCLE PINES POST OF STAMPS PRESS PUBLICATIONS, RETAIL RATE U 6 BANK LETTERS FROM SANTA U 6 BANK SUPPLIES Total for Department 205 PRESS PUBLICATIONS, HOCKEY SKATING INSTRUCT° U S BANK SUPPLIES Total for Department 207 CROWN TROPHY TROPHIES Total for Department 208 Total for Fund 201 U. S. BANK TRUSTEE Total for Department 470 Total for Fund 321 LUNDA CONSTRUCTION C LAKE DR /35W INTERCHANGE Total for Department 499 Total for Find 471 IMPERIAL HOMES, INC. CURB STOP REPAIR 1505 OS Total for Department INSTRUMENTAL RESEARC COLIFORM BACTERIA cONNFO;US ENERGY MDNTHLY SERVICE ARCADE ASPHALT, INC. PATH PATCH BIRCH ST Amount 5.15 5.15* 352.38 6.01 1,272.00 69.23 1,699.62* 107,646.00* 11.36 28.00 39.36* 3,514.10 3,514.10* 300.00 126.00 102.40 28.80 19.92 577.12* 160.00 94.84 274.84* 213.00 213.00* 4,618.42* 1,035.00 1,035.00* 1,035.0D* 76,459.21 76,459.21* 76,459.21* -22.0D - 22.DD* 142.50 1,042.38 900.00 Date: 11/14/2008 Time: 09:35:16 Department Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER BARDTT DRILLING SERV C. W. HOULE, INC. CENTENNIAL UTILITIES HAWKINS , INC. ASSURANT EMPLOYEE BE T -RAY CONSTRUCTION C IMAGE PRINTING & GRA AMERICAN MESSAGING CEtTTERPOINT /MINNEGAS XCEL ENERGY CUPPLINGS INSTALL 1 • WATER SERVICE RUSSIAN BAPTIST CHURCH, CHLORINE MONTHLY BENEFIT BORE AT 510 BIRCH ST WATER METER MALFUNCTIONS NETWORK ADMIN FEE MONTHLY SERVICE MONTHLY SERVICE Total for Department 494 Total for Pund 601 AMERICAN FASTENER & DONNEKUS ENERGY MINVALCO, INC. CENTENNIAL UTILITIES ASSURANT EMPLDYEE BE PRATTALIANE' S HARDWA METED COUNCIL ENVIRD AMERICAN MESSAGING XCEL ENERGY WINNICK SUPPLY, INC. WINNICK SUPPLY, INC. NUTS, CAPS, COPPER COAT MONTHLY SERVICE SPRINGS, PIPES MONTHLY SERVICE, REISSUE MONTHLY BENEFIT CLOTH AND SPRAY PAINT DECEMBER WASTEWATER SERV NETWORK ADMIN FEE MONTHLY SERVICE BLACK PIPE, ELBOWS, COUP SUPPLIES Total for Department 495 Total for Pund 602 RICK BOSCHEE HOMES, BACCHUS HOMES, INC. BACCHUS HOMES, INC. BACCHUS HOMES, INC. HOMES BY J BROWN HOMES BY J BROWN HOMES BY J BROWN HOMES BY J BROWN HOMES BY J BROWN BLUE TOW SERVICE, IN IMPERIAL HOMES, INC. MIDWEST LANDSCAPES, HAWKINS & BAUMGARTNE SWEENEY, BORER, & SW CARLSON- LAVINE, INC. BLDG ESCR RETURN, 1220 P BLDG ESCR RETURN, 1500 0 BLDG ESCR RETURN, 6519 C BIG ESCR RETURN, 1431 SH BLD ESCR RETURN, 6506 ST BLDG ESCR RETURN, 1093 C BLDG ESCR RETURN, 6393 M BLDG ESCR RETURN, 6586 S BLDG ESR RETURN, 2312 DE 92 OLDS CUTL S RED BLDG ESCR RETURN, 1505 D TREES DEHAVEN LEGAL FORFEITURE LEGAL SERVICE BLDG ESCR RETURN, 640 AP PRDCStAPT HOMES, INC. BDLG ESCR RETURN, 2315 D VAIL BUILDERS, INC. BLDG ESCR RETURN, 474 AQ Total for Department Total for Fund 801 14.90 2,350.00 21.73 11,175.51 28.56 1,300.00 140.86 12.38 81.04 39.96 17,249.82* 17,227.82* 9.59 261.27 400.61 2.55 28.57 26.27 47,150.05 4.13 14.54 237.94 23.66 48,159.18* 48,159.18* 500.00 500.00 500.00 500.00 500.00 500.00 500.00 1,500.00 500.00 125.43 1,500.00 4,468.60 234.64 714.00 1,000.00 500.00 500.00 14,542.67* 14,542.67* • • Date: 11/14/200B Time: 09:35:16 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount • Grand Total 269,688.30• -14- CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 11/08 -11/08 Check Issue Date(s): 11/01/2008 - 11/19/2008 Page: 1 • Nov 19, 2008 09:27am Per Date Check No Vendor No 11/08 11/12/08 11/08 11/12/08 11/08 11/19/08 Total 3490 3488 3489 3490 Payee 31008 COMCAST 160050 PAETEC 11565 ASPEN MILLS 11/08 11/19/08 3491 30485 11/08 11/19/08 3492 31008 11/08 11/19/08 3493 31137 11/08 11/19/08 3494 60650 11/08 11/19/08 3495 11/08 11/19/08 3496 11/08 11/19/08 3497 11/08 11/19/08 3498 11/08 11/19/08 3499 11/08 11/19/08 3500 11/08 11/19/08 3501 11/08 11/19/08 3502 11/08 11/19/08 3503 11/08 11/19/08 3504 11/08 11/19/08 3505 11/08 11/19/08 3506 Totals: CENTER MART COMCAST CONNEXUS ENERGY FRATTALLONE'S HARDWARE STORI 100100 JEFF'S S.O.S. DRAIN AND 120229 LEAGUE OF MN CITIES 120450 CITY OF LINO LAKES 130440 METRO FIRE, INC 130840 MFSCB 140700 NORTHLAND FIRE & SECURITY 160550 PUBLIC SAFETY CENTER, INC 190850 JERRY STREICH 200200 TIERNEY BROTHERS, INC 210232 UNI- SELECT 220200 VERIZON WIRELESS 240100 XCEL ENERGY Invoice Description CENTERVILLE INTERNET PHONES STATION 2 UNIFORM FIRE BOOTS FUEL STATION 1 INTERNET ELECTRIC BLDG CLEANING/MISC SUPPLIES STATION 1 TRENCH DRAIN CLEANING SAFETY 101 TRAINING OCTOBER REIMBURSEMENTS FLOW TEST CERTIFICATION TESTS FIRE EXT MTC GLOVES/VESTS MEAL REIMB POWERPOINT PROJECTOR FLOOR DRY CELL PHONES OCT ELECTRIC STATION 2 Inv Amount 189.00 M 400.15 M 18.15 99.95 118.10 242.71 94.00 270.37 146.53 310.00 15.00 26,645.14 130.00 780.00 496.50 270.96 57.94 2,085.27 57.71 157.18 472.57 32,939.13 M = Manual Check, V = Void Check • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES November 3, 2008 : November 3, 2008 . 5:30 p.m. : 10:45 p.m. : Councilmember Gallup, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Finance Director, Al Rolek; Economic Development Coordinator, Mary Alice Divine; Director of Public Safety, Dave Pecchia; Director of Administration, Dan Tesch; Director of Public Services, Rick DeGardner; City Planner, Paul Bengtson; City Clerk, Julie Bartell 18 1. 2009 Budget — Reallocation of Funds for Charter Commission - Finance 19 Director Rolek explained that the council received a request from the charter commission 20 in August of this year to increase their 2009 budget to $7,500. Through the 2009 21 budgeting process, the council was made aware of several funding requests from outside 22 groups and, considering the tight nature of the 2009 budget, the concensus was to not 23 include any of those requests in the budget. The charter commission has renewed its 24 request. If the council were to make an adjustment to the budget, it would most likely be 25 a reduction to the contingency. Mr. Rolek suggests that the contingency is already quite 26 tight for current conditions. 27 The council decided that they would not move forward on the Charter Commission 28 request now and suggested that if they are to consider the request they will need some 29 specificity as far as to how this additional funding would be used. 30 2. Request for Audit of Charter Commission - The council has received a request 31 for an audit of the charter commission from the Citizens for Safer Roads. If the council 32 were to move in this direction, it would be important to contain an audit to legal matters 33 only and that it be conducted by an outside party. 34 A council member noted some concern that this would set a precedent that the council 35 will authorize an audit or investigation for any request that comes forward. Also, a 36 question of shouldn't there be an opportunity for the charter commission to respond to the 37 allegations and show evidence as to their operations? It was pointed out that an audit 38 doesn't have to be a negative thing; it's a common practice in city government and the 39 charter commission will have an opportunity to respond as part of the audit. CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 40 The matter will be on the agenda for the coming Monday evening's council meeting; the 41 charter commission will be informed. The council would like the scope of an audit to be 42 clear up front (notably official decisions and use of public funds). 43 Brian Fossey and Pat Smith, residents of W. Shadow Lake Drive, asked the council about 44 the charter commission budget request and how that relates to the audit request. Mr. 45 Smith presented the council with a spreadsheet outlining possible charter commission 46 discussion points; he used public data to put together the spreadsheet. 47 3. I -35W North Corridor Coalition Update — Administrator Heitke introduced 48 Dick Swanson, Blaine city council member and member of the corridor coalition. He 49 will be discussing the work of the coalition and inviting the city to get involved. 50 Mr. Swanson explained that the coalition is composed of Anoka and Ramsey County, the 51 cities of Blaine, Lexington, Moundsview, New Brighton, Circle Pines, and recently 52 Minneapolis. The group was originally created about 35 years ago to deal with land use 53 issues. About three years ago, they reevaluated their purpose and narrowed their scope to 54 transportation issues. The group exists to provide continuous support to the funding 55 needs of the northern 35W corridor.. They are currently working on a Lake Drive 56 (southern end) extension onto the highway, and also worked hard to install the cable 57 separators between north and south lanes. They have a good working relationship with 58 MnDOT. The group would like the City of Lino Lakes to join them at the table; there are 59 issues relating to the highway that have great impact on the city. Many cities utilize their 60 economic development funds (not general funds) to pay for their participation in the 61 coalition. The fee is based on market value and population (with a first year fee of 62 $2,000). Some of those funds are used for engineering services, the director's salary, and 63 some accounting services. They are also seeking participation from the private side 64 (utilities, for example). They would like to know in December if the city will participate 65 in 2009. 66 The Mayor noted that the city is a member 67 asked about the expectation of who would 68 they anticipate the participation of the city 69 group attempts to meet quarterly. They do 70 of Cities conference; Legislature). of the 35E coalition group. A council member participate and Mr. Swanson explained that administrator and a member of the council; the have some legislative action (National League 71 The council agreed to discuss the issue of participation at the December work session. 72 4. Request to Amend Animal Ordinance — Administrator Heitke reported that the 73 council recently updated the city's animal control regulations. A family in Lino Lakes is 74 concerned about regulations that relate to the number of dogs that can be kept at a home 75 under one acre. The city attorney has opined that a variance would not be appropriate 76 with this type of regulation. Therefore, the matter is being presented as consideration of 77 amending the animal control regulations. 2 _17_ • • • • • CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 78 Jeremy and Jamie Gudmundson, 992 Kelly Street, were present. Mr. Gudmundson 79 explained that there are two dogs at his home but his family has interest in providing 80 animal rescue through fostering. The fostering involves housing one additional dog at a 81 time that has been rescued from a kill shelter. They have lived in Lino Lakes for over a 82 year and probably wouldn't have moved here understanding the regulations. The city is 83 one of only two in the area that have acreage restrictions. He understands that a variance 84 wouldn't be wise and that is why they are recommending a change to the city's ordinance 85 The council asked about the "temporary" nature of fostering a dog and heard that the 86 Gudmundson's would intend to take in one dog (over their permanent two) at a time and 87 house the dog until a permanent home is located. 88 A council member suggested that a fostering situation should be viewed differently than a 89 permanent accommodation for three dogs. When discussing the amount of time that a 90 dog would normally remain in a foster situation, it was explained that it varies but it 91 would usually be a few months to a year. 92 The Police Chief indicated that, if the council is considering a change to allow for 93 additional animals, he recommends that it be overall since enforcement of regulations that 94 include "foster dogs" would be difficult to enforce. 95 A member suggested that there appears to be four options: no change to the regulations; 96 special allowance for fostering, changing the number of dogs allowed, and; changing the 97 acreage requirement. 98 The council referred the matter to staff with direction to research the options of changing 99 the ordinance (not including allowing a variance) in a way that makes sense for the whole 100 community (not an individual situation). 101 8. Review of Citizen Awareness Plan - Charter Amendment Exit Poll - The 102 council discussed the value of proceeding with an exit poll after the election (that was 103 occurring the next day). 104 The council concurred to hold off on a poll in order to see the results of the election and 105 to have further discussion about the future and possible charter amendment questions. 106 Staff should communicate that to the consultant 107 The meeting was briefly recessed 108 5. Five -Year Financial Plan - Finance Director Rolek reported. This is the first 109 time that staff has brought forward a plan that is unbalanced — the estimated 110 revenue /expenditures are not balanced. In 2010 and 2011, the city has a mandated limited 111 levy, and with the budget requests brought forward, there would be a deficit in those two 112 years. The plan was formulated using assumptions on growth, tax base, and state law 113 limits on raising taxes. With valuations dropping in 2010, flat in 2011 and a conservative 114 increase projected for following years, there is a gap. Mr. Rolek reviewed the plan 115 elements. 3 _18- CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 116 Staff is recommending that the council establish a strategic planning process whereby 117 they will address future priorities — identifying services that must be provided and what 118 the council would like to provide past that 119 A council member commented that it's obvious by the numbers that the city can't 120 continue "business as usual" in the current economy, the plan proposes staff increases 121 that may be unrealistic. Mr. Rolek explained that while staffing has a significant impact, 122 it only represents about 30% of proposed increases. When asked if the proposed 123 personnel increases would maintain the current level of services or increase services, the 124 police chief responded (all new positions are proposed in the police and public service 125 departments). The Chief explained that, in the area of public safety, there is an 126 expectation of maintaining the level of services as well as a different kind of services 127 needed as the city grows and changes; he anticipates that a decision on police services 128 will be made each year by the council based on current information. 129 The council directed staff to schedule some sti ategic planning sessions early in 2009 and, 130 since there is some obligation to provide the plan to the charter commission, to 131 communicate with the charter commission about when the plan is anticipated. 132 6. Utility Rates — Set Public Hearing — Finance Officer Rolek noted that the 133 council has had discussions about adjusting utility rates, has received the results of a rate 134 study and now staff is bringing forward a proposal for council consideration. He 135 reviewed the proposed residential and non - residential schedules included in the staff 136 report noting that both are designed to encourage conservation. Also included in the 137 report is information on average household impact. The rates have not been adjusted 138 since 2001. Further the State is requiring the city to take action that will encourage water 139 conservation. 140 A council member noted continuing concern about a rate structure that punishes larger 141 families and suggested that the city is not mandated to have a tier system. There could be 142 a more effective way of encouraging conservation. 143 Public Services Director DeGardner pointed out that 98% of the city's customers would 144 fall into the middle tier. 145 Engineer Studenski noted that the city's conservation plan has pieces, including lawn 146 sprinkling restrictions and a rate structure. 147 Finance Officer Rolek added that before any change would occur, an information piece 148 would be provided to customers with a public hearing opportunity. Also, while there is 149 not a mandate from the state to change the rate structure, there is a need for the city to 150 meet identified goals for less consumption. 151 Three council members requested that staff move forward with the rate structure as 152 presented. An ordinance and public hearing will appear on the November 24, 2008 153 council agenda. 4 -19- • • • • • CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 154 7. Storm Water Utility (verbal report) - Finance Officer Rolek noted that the 155 storm water utility discussion feeds into the 5 year plan discussion. Revisiting the 156 question of this utility is also a council established goal for the year. If this is to come 157 forward, it would require an update of pertinent information for a new process of 158 consideration. Staff requests council direction on whether or not to move forward. 159 A member recalled that there was much concern in the community when this idea was 160 previously discussed and asked if staff considers that concern came from the numbers or 161 the concept. 162 Mr. Rolek recalled that there was concern about the impact on different types of 163 properties and credit for conservation; the concern was not strictly rate oriented. 164 The council decided to continue discussion of the topic at upcoming strategic financial 165 planning sessions in 2009. 166 9. City Code Update — City Clerk Bartell provided the council with a draft 167 document representing the city code updated to reflect ordinances passed since the last 168 recodification (1993), amendments to state and other laws, and suggested updates. The 169 code project is an identified goal for 2009 and staff is proposing a schedule for review 170 and passage of an updated city code for reprinting and establishment on -line (city web 171 site). 172 The council reviewed the proposed schedule and was requested to review the non- 173 substantive changes on their own time. Staff will be presenting the more substantive 174 changes for review at upcoming work sessions. 175 It was noted that the code project does not include the land use sections of the code since 176 those regulations will soon be updated separately based on the comprehensive plan 177 update project. 178 10. Economic Development Meeting — Economic Development Coordinator Divine 179 noted that the council has an identified goal to diversify, expand and enhance the city's 180 tax base with an underlying objective to prepare, approve and carry out an economic 181 development strategy to implement the economic development portion of the 182 comprehensive plan, including determination of the role of the Economic Development 183 Advisory Committee in carrying out a strategy. To that end, communication with the 184 EDAC group is important. Staff requests council direction regarding a meeting with 185 EDAC on this matter. 186 The council discussed the value of having an internal (council) discussion of economic 187 development in order to prepare to meet with EDAC. It would seem most valuable to 188 have that meeting with the EDAC board as it will exist in 2009. 189 11. Review of Regular Meeting Agenda 190 The council reviewed the agenda. CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 191 Council Member Stoltz left the meeting. 192 12. Comp Plan Review — Community Development Director Grochala reported. 193 Staffhas received questions from council members to which they will respond. Housing 194 and management of development seem to be overall themes of the questions. The 195 Comprehensive Plan Update ( "the Plan") concept is really that the market will dictate 196 growth and the city should plan to be ready for that development when it comes along. 197 Reviewing a map, he noted that the areas indicated in purple basically represent the next 198 ten years. Using that basis, they have looked at how and when utilities can be provided in 199 those areas. The city remains the "driver" of the extension of utilities and staff suggests 200 that the extensions should be built out from existing infrastructure. 201 Mr. Grochala provided an explanation of sewer districting and how other entities' 202 (metropolitan for example) utility plans could impact new infrastructure development in 203 the city. There was also discussion of how infrastructure is funded and the city's 204 preference to have developer involvement in those costs. 205 There was discussion that the county is leading plans for some improvements to the 35E 206 interchange in 2009. Mr. Grochala pointed out that the improvements are somewhat 207 premature to the other development plans in the vicinity of that intersection and suggested 208 that there could be deferred assessments involved. 209 A council member suggested that there needs to fie a compromise on the pace of - - 210 development called for by the Plan. Staff responded that the council can make that a 211 discussion point but there are underlying Metropolitan Council requirements (such as 212 density and affordability) that should be considered. Staffis presenting the proposed Plan 213 and explaining how it would function; the proposed Plan is based on market forecasts 214 and, when the council raised concerns about market changes, that information was 215 brought to the citizens task force and there was a change. 216 On the matter of sending the proposed Plan out to adjacent jurisdictions for review, staff 217 explained the purpose of that action. Sending out the plan doesn't indicate that it is final. 218 A council member raised the question of the council's comfort level with the proposed 219 pace of development. There was discussion about density, distribution of density and 220 how distribution could help reach affordability goals. It is not necessarily a goal to have 221 all affordable housing bulked together. Staff explained that there are ways, such as 222 density bonus programs, to bring affordability into different types of developments. 223 When a council member mentioned that the 6600 new units seems high and concern 224 about the city's ability to provide services that keep pace with that amount of growth, 225 staff pointed to the five -year planning process that will allow the council to plan for 226 future growth. It was also mentioned that the council maintains the ability to amend the 227 Plan based on continuing evaluation. 6 _21- • • • • • CITY COUNCIL WORK SESSION November 3, 2008 DRAFT 228 A council member noted concern that the council would only be allowed to adjust the 229 Plan but not to change the density. Staff replied that the Plan is based on goals and 230 policies. 231 A member noted that the transportation plan of the county calls for the development of 232 four -lane divided roadways throughout the city and concern that such high traffic areas 233 would not be acceptable to the residents. Staff suggested that the city's density is only 234 one part of what impacts future transportation needs. The city cannot dictate who will 235 drive through the city but should plan wisely for those needs. The member remained 236 concerned that high traffic roadways will have a negative impact on adjacent residents. 237 The meeting was adjourned at approximately 10:45 p.m. 238 These minutes were considered, corrected and approved at the regular Council meeting held on 239 November 24, 2008. 240 241 242 243 244 Julianne Bartell, City Clerk John Bergeson, Mayor 245 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : November 10, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:50 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; Police Captain, Kent 13 Strege; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; City 14 Attorney, Scott Baumgartner, City Clerk, Julie Bartell, 15 16 PUBLIC COMMENT 17 There was no public comment. 18 PLEDGE OF ALLEGIANCE 19 Cub Scouts Nick Ridley and Darren Cortez led the pledge of allegiance. 20 SETTING '1'11E AGENDA 21 The agenda was approved as presented. 22 CONSENT AGENDA 23 Council Member Stoltz moved to approve the Consent Agenda. Council Member Reinert 24 seconded the motion. Motion carried unanimously. 25 26 ITEM ACTION 27 28 1A. Consideration of Expenditures: 29 November 10, 2008 (Check No. 84357 through 84451, $323,096.90; Approved 30 Centennial Fire District (Check No. 3478 through 3487, $54,864.35 Approved 31 32 1B. Approval of October 27, 2008 Council Work Session Minutes Approved 33 34 1C. Approval of October 27, 2008 City Council Meeting Minutes Approved 35 36 1D. Amendment to 2008 Council Meeting Schedule Approved 37 38 1E. Approval of application of Centennial Middle School PTA to conduct 39 excluded bingo event on February 6, 2009 Approved i40 41 1F. Homeless Awareness Month Proclamation Approved COUNCIL MINUTES November 10, 2008 DRAFT 42 43 1G. Approval of October 27, 2008 Comp Plan Review Work Session 44 Minutes 45 46 111. Approval of October 27, 2008 Liquor Compliance Hearing Minutes Approved 47 48 FINANCE DEPARTMENT REPORT, AL ROLEK 49 There was no report from the Finance Department. 50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 51 3A. First Reading of Ordinance No. 13 -08, establishing the 2009 City Fee Schedule — 52 City Clerk Bartell noted that for efficiency and clarity, city fees are consolidated into one 53 schedule that is adopted annually. The 2009 proposed fee schedule is before the council and it 54 includes several staff recommended changes: 55 56 - A lawn sprinkling violation fee related to the city's new time of day watering 57 restrictions; 58 - A fee associated with the city's cost of issuing a driveway replacement permit; 59 Right -of -Way management fees; 60 - A certification fee for assessment of unpaid utility charges; 61 - An increase in park dedication fees; and 62 Trunk utility and surface water management fee increases 63 64 The council requested that staff provide further information on the proposed increase in park 65 dedication fees. 66 67 Council Member Reinert moved to approve the first reading of Ordinance No. 13 -08 as 68 presented. Council Member O'Donnell seconded the motion. A roll call vote was taken. 69 Motion carried as follows: Yeas, 5; Nays none. 70 71 3B. Request for audit of Charter Commission from Citizens for Safer Roads — 72 Administrator Heitke explained that on October 27, 2008 the council was presented with a 73 written request from the Citizens for Safer Roads (CSR) for an audit of the Lino Lakes Charter 74 Commission. The CSR group made a presentation at the November 3, 2008 council work 75 session and the council directed staff to place this matter on tonight's agenda. 76 77 Joseph Meyer, 6988 West Shadow Lake Road, submitted and read a list of complaints (on file) 78 against the Charter Commission. 79 80 A council member remarked that, should an audit take place, it must be limited to legal and 81 financial matters. 82 -2- • • • COUNCIL MINUTES November 10, 2008 DRAFT 83 Council Member O'Donnell moved that the city go forward with the audit request. Council 84 Member Stoltz seconded the motion. 85 86 The council identified four themes brought forward for the audit request: possible conflict of 87 interest; compliance with Open Meeting Law; the application process for the commission; and 88 misappropration of funds. It was suggested that the council should further discuss the scope of 89 the audit. A council member remarked that the audit seems a bit retaliatory, however, it is 90 appropriate since the commission has never before been audited 91 92 Attorney Baumgartner advised that the themes noted by the council seem an appropriate outline 93 for an audit. He suggested that the council may not want to limit the audit to exclude any thing 94 that is included in the statutory language that guides charter commissions. 95 96 There was no council objection to adding to the motion a direction to the city attorney to seek a 97 recommendation of independent counsel from the League of Minnesota Cities. 98 99 The motion was adopted on a unanimous voice vote. 100 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 101 There was no report from the public safety department. •102 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 103 There was no report from the Public Services Department. • 104 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 105 6A. Approval of Resolution No. 08 -130, Determining Intent of Zoning Ordinance 106 Relating to Sport Court Regulations — Community Development Director Grochala explained 107 that the city council is to act as a board of appeals in considering the matter of the building 108 permit requested by Mr. Mark Smith, 2120 Otter Lake Road Mr. Smith is requesting a permit 109 for an addition that will include an exercise area and a recreation area identified by the architect 110 as a "sports court". Staff has determined that, in this case, the city's definition in the zoning 111 regulations of "sport court" doesn't apply because the Smith's proposed addition would be 112 entirely enclosed and the intent of the city's regulations are to regulate free - standing, exterior 113 facilities such as tennis or basketball courts. The council is being asked to hear this matter 114 because property owners adjacent to the Smith property, Paul and Julie Schwartz, 2140 Otter 115 Lake Road, have filed an appeal to the city's determination. Mr. Grochala explained that both 116 sides in the matter should be given an opportunity to address the council. 117 118 Attorney Bill Griffith, representing Mark Smith, suggested that this matter shouldn't involve 119 legal counsel because he agrees with staff s findings. Mr. Smith's project should have been 120 allowed to proceed months ago. As staff has stated, the proposed building project is clearly an 121 addition to the existing home and will appear as such. It is a recreation room, not a sport court. 122 There could in fact be the same type of recreation facility in other homes without the city's even 123 being aware. It is clear that the city's regulations apply to exterior facilities. Further this can't 124 be deemed an accessory use and still be a part of the home as that is in conflict. Mr. Griffith -3- COUNCIL MINUTES November 10, 2008 DRAFT 125 added that the proposed addition meets all the dimension requirements of the city code. There 126 are currently large spruce trees in place that will very effectively screen that area for the 127 neighbors. He urges the council to approve the resolution presented by staff. Further delay will 128 mean additional costs to Mr. Smith. 129 130 Attorney Chris Johnson, representing the Schwartz's, presented the following points. The 131 proposed structure is over 250 feet in length, 35 feet high, and includes a flat wall with no 132 windows and will be eleven feet from the Schwartz's property line. Staff is recommending 133 following the "spirit" of the code, however, he disagrees that that is appropriate. The spirit of the 134 ordinance would actually favor not granting this building permit. Something like this shouldn't 135 be allowed in a residentially zoned area. He believes that this type of a structure is clearly 136 prohibited by city ordinance since the city has interpreted the same ordinance to include attached 137 garages. This is a property that could be built further from the Schwarz's property line. Mr. 138 Johnson submitted a review of documents relative to the proposed improvements that was 139 written by Engineer Steven W. Thatcher. 140 141 Ms. Julie Schwartz, 2140 Otter Lake Road, addressed the council. She is a former Planning and 142 Zoning Board member who was actually involved in the establishment of the current regulations. 143 She believes the city is not interpreting the regulations appropriately. She implores the city to 144 use a literal interpretation. The proposed building project will cause irreparable damage to her 145 property. 146 147 Attorney Griffith was allowed to rebut. He suggested that a literal interpretation is not possible 148 because the regulations are not that clear. The fact is that if Mr. Smith's architect had not used 149 the term "sports court" but rather termed the project a "recreation room" on the permit 150 application, there would be no question. He reminded the council that the proposed project fully 151 meets the city's set back requirements. The ground work for the project is already done and 152 further delay is not appropriate. He asks that that council look to their stag past practice and 153 common sense for interpretation in this matter. 154 155 Attorney Johnson rebutted. The proposed improvement is a near 3,000 square foot room — that is 156 not a pool room or a bedroom. The size of the structure does not fit with the rest of the 157 neighborhood. He believes the interpretation is clear that this should not be allowed. 158 159 The council reviewed the amount of distance that would exist between actual structures. They 160 confirmed that if this addition was called a bedroom on the permit application there would be no 161 issue. If the permit was denied, the applicant could submit a new application using another 162 description of the addition however that could still be contested. The council also confirmed that 163 there are no variances involved in the request. They were informed that setback requirements are 164 not related to structure size. 165 166 City Attomey Baumgartner reminded the council that their discussion should be on interpretation 167 of the existing regulations only. 168 169 The council reviewed a rendering showing that the closest distance between the two structures 170 would be 35 feet. -4- • • 411 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 COUNCIL MINUTES November 10, 2008 DRAFT Council Member Reinert moved to approve Resolution No. 08 -130 as presented and requested that the city's current regulations in this area be reviewed and their intent clarified by staff for council consideration. Council Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 6B. Approval of Resolution No. 08 -131, Authorizing Distribution of Comprehensive Plan Update to Adjacent Jurisdictions for Review and Comment — Ciara Schlictling, Bonestroo, consultant to the city on the 2030 Comp Plan Update project, reported on the status of the Comprehensive Plan Update project. The draft plan has been completed and reviewed by the Comprehensive Plan Advisory Panel, Environmental Board, Park Board and Economic Development Advisory Committee. The Planning and Zoning Board held a public hearing on the plan in September and recommended approval with minor modifications. The city council is currently reviewing the plan. State statute 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 to the Metropolitan Council. The city's extended deadline for submission is May 29, 2009. Staff is recommending that the city's plan be distributed for review with the understanding that the city can still make modifications to the plan prior to submittal to the Metropolitan Council. Council Member Stoltz moved to approve Resolution No. 08 -131 as presented. Council Member Gallup seconded the motion. The motion carried on a voice vote. Council Member Reinert voted "no ", noting a fundamental difference of opinion on where the city is headed. 194 UNFINISHED BUSINESS 195 There was no unfinished business. 196 NEW BUSINESS 197 There was no new business. 198 ADJOURNMENT 199 Council Member O'Donnell moved to adjourn at 7:50 p.m. Council Member Gallup seconded 200 the motion. Motion carried unanimously. 201 202 203 204 205 206 207 208 209 210 • 211 212 Community Calendar - A Look Ahead November 11, 2008 through November 24, 2008 Tuesday, November 11 • Wednesday, November 12 11 Monday, November 17 ati 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 -5- COUNCIL MINUTES November 10, 2008 DRAFT 213 214 These minutes were considered and approved at the regular City Council Meeting on November 215 24, 2008. 216 217 218 219 220 221 Julianne Bartell, City Clerk John Bergeson, Mayor • • • • • DRAFT CITY OF LINO LAKES MINUTES CITY COUNCIL SPECIAL WORK SESSION DRAFT 2030 COMPREHENSIVE PLAN REVIEW DATE 'TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT : October 27, 2008 . 7:15 p.m. : 10:05 p.m. : Conncilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Michael Grochala; City Planner, Paul Bengtson; Economic Development Coordinator, Mary Alice Divine; City Engineer, Jim Studenski. Mayor Bergeson noted that the purpose of this special meeting is to continue review of the Draft 2030 Comprehensive Plan (the Plan). He recognized community members in the audience who wanted to provide input. Dan Waldoch, trustee of 1001 Main Street owned by the Dan Waldoch Family Trust, wants to see the ratio stay at 1 in 10 rather than 1 in 40, keeping the situation more feasible for the trust to see the property develop in their lifetime. Community Development Director Grochala confirmed that the Planning & Zoning Board did make a recommendation, and staff has incorporated into the draft, a change back to 1 in 10. Jeff Joyer, Waldoch Group, acreage at Lake Drive and Main Street, offered thanks to the Planning and Zoning Board for their extensive work and for making the change back to 1 in 10 and also addressed another parcel in the area (guided medium density in the proposed Plan). Regarding that parcel, it is less than a quarter of a mile from the main intersection of Lake Drive and Main Street but proposed sewer and water development is put out 20 years from now (stage 3). This was originally a stage 1 property in the 2010 plan. He suggests that the 11 acre area could be a catalyst for housing development that will occur. The owners don't currently plan to develop the parcel but want to preserve the ability to do so. The Planning & Zoning Board discussed a change extensively but did not pass a change. Community Development Director Grochala explained that extensive review went into setting the boundaries. To change the land use would require taking an equivalent land area from the stage 1 plan. CITY COUNCIL SPECIAL WORK SESSION OCTOBER 27, 2008 DRAFT 46 In reviewing the Planning and Zoning Board minutes, it was clarified that the board did 47 not approve a change. 48 49 Staff clarified that the Plan is intended to be a guide but assumptions in the Plan aren't 50 fact. Mr. Grochala suggested that there is no way that there is going to be sewer and 51 water in the area under discussion within 20 years without some very major changes, and 52 the city should concentrate on building out its existing infrastructure before considering 53 expansion of the system. It was also clarified that, if a proposal were to come forward for 54 development, a request for a Plan amendment could be a consideration as long as the 55 development is master planned and meets other criteria is met. 56 57 The staff continued review of the Plan, focusing on the remaining schedule and on the 58 full-build plan. Mr. Grochala noted that staff has tried to cover the full-build out as the 59 first review of looking at land use and then the market forecast. They have used the 60 forecast numbers, with the 2010 number turned back from the downtown in market. 61 They used the area, sewer capacity and transportation projections. Looking at the staging 62 map, they decided what could be serviced resulting in the purple areas on the map (what 63 they are looking at in the next ten years for primary growth). 64 65 A council member noted that there are areas within the purple (small two acre lots) where 66 the sewer just won't be going in. 67 68 Community Director Grochala reviewed the housing plan and the goals it is based on. 69 Retaining current residences with attraction of new residences is a goal. Regarding 70 affordable housing, the market in the area is difficult to match but staffplans a goal to 71 offer density of eight units per acre in guided area. The map will be accompanied by a 72 housing development strategy. 73 74 A council member, looking at density, suggested that the standards of construction and 75 quality for housing in Lino Lakes won't accommodate six units per acre much less eight. 76 77 Staff explained that there is a range that the city must meet. To shrink the density, you 78 must expand the area. Also, the Metropolitan Council says that, in order to meet 79 affordable housing goals, eight units an acre are required. It represents one to two percent 80 of the 2030 land use plan (with some mixed use included). 81 When asked what would happen if the city submits a Plan that includes less than the 8 82 units per acre in high density, Consultant Ciara Schlictling of Bonestroo, explained that 83 the Metropolitan Council would send it back. 84 Staff added that both the visioning process and advisory panel did not bring forward 85 concerns about the high density areas; they wanted affordable and life cycle housing. 86 A member suggested that since there is a minimum dictated by the Plan, the city should 87 also look at establishing a maximum density within the ordinances. Ms. Schlictling 88 pointed out that there are controls already present in the city's regulations. • • • CITY COUNCIL SPECIAL WORK SESSION OCTOBER 27, 2008 DRAFT 89 90 Community Development Director Grochala discussed the economic development 91 element of the Plan, including goals. The area within the city that are planned or 92 involved in economic development were identified. Job growth has been ahead of 93 schedule and projections for the future are included in the Plan. Office, retail and 94 industrial space needs are projected also. Economic development strategies for the 95 coming years are included in the Plan and were reviewed. 96 A member suggested that the Plan should include some control over growth management 97 and staff has said there will be control, however, that isn't evident at this point. Where is 98 the ability to say "no" when that is appropriate? 99 Staff reviewed the growth management section. There was recollection of a past 100 challenge from a council member not to change the Plan unless it was an improvement 101 and staff suggested that has been the goal. With that in mind, they have tried to bring the 102 best of the past (147 limit) to be available on day one of this Plan. Staff explained that it 103 would be difficult to explain how the Plan is different (or better) than the 147 because 104 there are many elements past that in the form of policy, process and planning. There are 105 ordinance changes (such as the 147 limit) that will happen (and can be worked on now) 106 that put controls in place based on the Plan. 107 A member suggested that the concern is probably more about quality than pace and that 108 high density and affordability could impact quality. Staff suggested again that controls 109 can be built into city regulations and incentive programs can provide some control also. 110 Council comments on the Plan included basic confidence that the Plan is workable with 111 the understanding that the council will have the ability to amend the Plan when that is 112 necessary in the future. A compliment on the process that included ample input from the 113 community, an understanding that some metro requirements are not negotiable, and that a 114 stereotype associated with affordability is not appropriate. A comment of support for the 115 philosophy of the Plan because it does well to represent the ideas that came forward 116 through the visioning process. A comment that an improved plan would be better 117 because this Plan doesn't identify how the important areas of pace, quality and density 118 will be dealt with. Another comment on the quality of the process that brought the Plan 119 forward; also that it is a good idea to base the Plan on what the market brings and include 120 the resource management element but there is an issue with items that are dictated but not 121 driven by the market. 122 It was suggested that, for the next meeting, council members should bring detailed 123 questions (or send them to staff ahead of the meeting). 124 The meeting was adjoumed at 10:05 p.m. 125 126 These minutes were considered, corrected and approved at the regular Council meeting held on 127 November 24, 2008. 128 3 —31— 129 130 131 CITY COUNCIL SPECIAL WORK SESSION OCTOBER 27, 2008 DRAFT 132 Julianne Bartell, City Clerk John Bergeson, Mayor 4 -32- • • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 1 E Jeff Smyser November 24, 2008 Consideration of Resolution No. 08- 140 Main Street Village Extension of Time • Conditional Use Permit for Planned Unit Development —Development Stage Plan • Conditional Use Permit for a Motor Fuel Station • Conditional Use Permit for Commercial Car Wash Simple Majority On February 11, 2008, the City Council approved the Main Street Village project. This included the approval of three resolutions: - Resolution No. 08 -17 for a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution 08 -18 for a Conditional Use Permit for a Motor Fuel Station; and - Resolution 08 -19 for a Conditional Use Permit for Commercial Car Wash. For a conditional use permit (CUP), construction must begin within one year of approval. A planned unit development (PUD) — development stage plan must be followed by the PUD -final plan application within twelve months. In addition, a final plat must be submitted within one year of the preliminary plat approval. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. The Zoning Ordinance allows extending the PUD -final plan deadline for a total of six months. Six months beyond the existing deadline of February 11, 2009 results in a new deadline of August 11, 2009 for a final plan application. There is no specified extension time for a CUP. Since all the CUPs of this project depend on the PUD approval, the PUD -final plan must be submitted and approved before any construction work for the fuel station and car wash can begin. So, these two CUP extensions should be longer than the PUD extension. It is reasonable to assume that several months would pass after that before construction on the fuel station and car wash begin. For record keeping purposes, staff is recommending December 31, 2009 as the new deadline for construction to begin on the fuel station and car wash. A full final plan application will be required when the developer is ready to proceed, which will include an escrow deposit per the city's fee schedule. -33- OPTIONS 1. Approve Resolution No. 08- 140 granting extensions for submitting the PUD -final plan (final plat) and for construction to begin on the fuel station and carwash. 2. Deny Resolution No. 08- 140. 3. Return to staff with direction. RECOMMENDATION Option 1, approve Resolution No. 08 -140. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08- 140 RESOLUTION APPROVING AN EXTENSION OF TIME ON 11:1E PLANNED UNIT DEVELOPMENT — DEVELOPMENT STAGE PLAN, FINAL PLAT, AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: - Resolution No. 08 -17, a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution No. 08 -18, a Conditional Use Permit for a Motor Fuel Station; and - Resolution No. 08 -19, a Conditional Use Permit for Commercial Car Wash. and WHERAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City's Zoning Ordinance, 11, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan; and WHERAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHERAS, Section 1005 -1 of Ordinance No. 04 -03, the city's Subdivision and Platting Ordinance, requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, a request has been submitted to the City to extend the time allowed for submittal of a final plat; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08 -18 and 08 -19 cannot receive building permits until the final plat has been approved; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: 1. A PUD -final plan/final plat application for the CUP/PUD approved with Resolution No. 08 -17 must be submitted by August 11, 2009. • 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin by December 31, 2009. BE IT FURTHER RESOLVED, that all of the conditions of approval included in Resolution Nos. 08 -17, 08 -18, and 08 -19 continue to apply. John J. Bergeson, Mayor A 1' "1'EST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. Resolution No. 08 -140, page 2 -36- • • • • • AGENDA ITEM 1.F. STAFF ORIGINATOR Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: Accepting Drainage and Utility Easement 1414 Sherman Lake Road BACKGROUND ANALYSIS Staff recently approved a minor subdivision to adjust the lot lines of 1412 and 1414 Sherman Lake Road (Lot 4 Block 2 and Lot 5 Block 2 Pheasant Hills Preserve 5th Addition). This was requested to correct an issue created by a fence built over a property line. A condition of the administrative approval required an additional easement be granted to provide five feet on either side of the new property line. As a result, the applicants have submitted the attached easement document. RECOMMENDATION Staff is recommending approval of Resolution Number 08 -132, accepting a drainage and utility easement on the property addressed as 1414 Sherman Lake Road. ATTACHMENTS 110 1. Resolution No. 08 -132 2. Exhibit A : Easement Exhibit submitted November 10, 2008. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-132 RESOLUTION ACCEPTING PERMANENT EASEMENTS FOR DRAINAGE AND UTILITY PURPOSES ON LOT 4, BLOCK 2 OF PHEASANT HILLS PRESERVE 5T" ADDTIION. (1414 SHERMAN LAKE ROAD). WHEREAS, the City has administravely approved the adjustment of the south lot line; and • WHEREAS, the City requires five feet of drainage and utility easement along the side property line of each platted lot; and WHEREAS, a condition of approval of the Minor Subdivision required that the property owner grant drainage and utility easement to fulfill the five foot requirement; and WHEREAS, James and Dawn Helvig, the respective property owners, have provided the City with said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF S LINO LAKES, MINNESOTA: 1. That the easement shown in Exhibit A is hereby accepted by the City of Lino Lakes and the City Clerk is authorized to execute the easements on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. • • • Berm - Dell lals - Fu - Onneepolie Slew F* 5201 East River Row1 Su le 90d AGnaapols. lineman 55421 Nom 71215711500 Fur 761571.1188 Welt wencuheq.ean EXHIBIT A SHEET I OF 2 SHEETS Certificate of Survey for. Jim Helvig Location: City of Lino Lakes, Anoka County, Minnesota See sheet 2 of 2 for legal descriptions 1 30 cr PONDVIEW CIRCLE o R=421.54 "7 L=1 01 .83' tl.1 3'50'25 - CH BR= NB6' 25' 50'E CH=I 01 -5B 0 0 ---- _ - --15 DRAINAGE & UTILITY EASEMENT 0 1 FILLS- LOT C 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MOST WLY COR LOT 4 / / 1_ 5624 00 "o F v, s3 °S \ \ \\ LOT 5 RECEIVED NOV 1 0 2008 a OF LINO LAKES BLOCK 2 PRO - EASEMENT SCALE: 1” = 30' ADDITION Sg N. ti,')s9� '6›, E.' (o- -cp., s. .4,...,4.. ‘ h -- SE'LY LINE LOT 4 ■ SWLY UNE ��1 ory PO „1 LOT 4 3T °° _'A' k�� 1 MOST StY COR LOT 4 LEGEND • - Denotes Monument Found o - Denotes Monument Set w /Cop #44901 JOB NO.: 208.1295 SEC. 27, T. 31 N., R. 22 W., 4TH PM. CO.: ANOKA I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE OF THE STATE OF MINNESOTA PL I LH D. GITZEN ` DATE k\lic)5 LIC. NO. 44901 Ultei Llengineers Minor& -Dan* tams - Fine • Iris pefs - Sax Falls 6201 Ers1 Wow Rama SLYS 39i A6saaoa14.11inesaY 55421 PI 7835712500 Far 763571.1189 web: ww4alltlmn EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey for Jim Helvig Location: City of Lino Lakes, Anoka County, Minnesota Description of Property. Lot 4, Block 2, PHEASANT HILLS PRESERVE 5TH ADDITION, Anoka County, Minnesota. Description of Easement: An easement for drainage and utility purposes over, under and across the herein before described property, lying 5.00 feet on each side of the following described Line_ Commencing at the most southerly corner of said Lot 4; thence North 58 degrees 29 minutes 26 seconds West 175.77 feet along the southwesterly line of said Lot 4 to the most westerly corner of said Lot 4 and the point of beginning for the line to be described; thence South 62 degrees 47 minutes 54 seconds East 57.31 feet; thence South 59 degrees 45 minutes 25 seconds East 119.67 feet to a point on the southeasterly line of said Lot 4 being 7.02 feet from said most southerly corner of Lot 4 and said line there terminating. Except that portion thereof dedicated as drainage and utility easement on the plat of PHEASANT HILLS PRESERVE 5TH ADDITION. Contains 532 square feet, more or Tess. rte{ -.71VED NOV 1 0 2008 CITY OF Li N0 LAKES JOB NO.: 208.1295 SEC. 27, T. 31 N., R. 22 W., 4TH PM. CO.: ANOKA -4U- • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 1G David J. Pecchia Public Safety Director /Chief of Police November 24, 2008 Renew the Joint Powers Agreement with Anoka County Joint Law Enforcement Council 3/5 Majority BACKGROUND The Anoka County Joint Law Enforcement Council (ACJLEC) was formed in 1970 to enhance the interworking of the law enforcement agencies in Anoka County. In 2003 a Joint Powers agreement was entered into by the members of the ACJLEC to plan, implement and maintain a public safety communications system. Due to evolving law enforcement needs modifications of the existing agreement became necessary. This agreement makes minor changes which do not significantly change but which do improve the existing agreement. OPTIONS 1. Approve the renewal of the Joint Powers Agreement with Anoka County Joint Law Enforcement Council 2. Retum the proposal to staff for further information. RECOMMENDATION Option No. 1 ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL JOINT POWERS AGREEMENT WHEREAS, in 1970 the Anoka County Joint Law Enforcement Council (ACJLEC) was formed and was modified in 1982 and 2001 to add a number of cities and representatives; and WHEREAS, in 2003 a joint powers agreement was entered into by members of the ACJLEC to plan, implement and maintain a public safety communications system in Anoka County; and WHEREAS, these joint powers agreements have made possible a remarkable degree of cooperation and coordination between law enforcement agencies in Anoka County; and WHEREAS, the law enforcement needs of the county have evolved creating new challenges requiring a modification of the existing joint powers agreement. NOW, THEREFORE, in consideration of the mutual agreements considered herein and in exercise of the power granted by Minn. Stat. §471.59, the parties to this agreement do mutually agree as follows: 1. SUPERSEDES OTHER AGREEMENTS This agreement supersedes and takes the place of the agreement of 1970, modified in 1982 and 2001, creating the Anoka County Joint Law Enforcement Council and the agreement of 2003 dealing with the Anoka County Public Safety Communications Project. 2. PURPOSE The parties agree that they have joined together to improve the efficiency and effectiveness of law enforcement, thereby improving public safety in Anoka County. Such purpose includes but is not limited to maintaining and improving the law enforcement records management system and the public safety communications system in Anoka County. • • • • • • 3. TERM Any party has the right to withdraw from this agreement by declaring in writing its intention to withdraw effective on a specified date, which date cannot be less than thirty days from the date of the written notice. A withdrawing party must send a copy of the written notice to each party. Withdrawal by a party will not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. The termination by any party shall not affect the validity of the agreement as to the remaining parties. Upon termination by a party, the party may retain personal property, software and hardware it has received and owns, but shall forfeit any unexpended funds it has contributed to the Council. The records management system, its hardware and software, is owned by the Council and may be disbursed by agreement of all parties or upon final termination of all parties to this agreement. 4. COUNCIL The parties agree to participate in a council called the Anoka County Joint Law Enforcement Council whose membership would be constituted by appointment on an annual basis by each of the participating governmental units of their Chief of Police together with one other individual to be appointed by the City Council; provided, however, that if a participating governmental unit contracts with the Anoka County Sheriff or another law enforcement agency for police services, it shall be represented by the Anoka County Sheriff or the Chief of Police for the contract law enforcement agency; provided further, however, that the cities of Centerville, Circle Pines and Lexington and the Circle Pines - Lexington- Centerville Joint Municipal Police Commission shall be represented by their Chief of Police and the Chairman of the Joint Municipal Police Commission; and that the County would be represented by the Sheriff, the County Attorney, and four individuals appointed by the Board of County Commissioners, two of whom shall be Anoka County commissioners and two of whom shall be appointed upon the recommendation of the Anoka County Sheriff. These appointments would be effective on the first day of each year and continuing until a successor has been duly appointed and qualified. Each member of the Council may be represented at a Council meeting by a proxy if the Council member notifies the Chair verbally or in writing. Such proxy shall have the right to vote and be counted for purposes of a quorum. The Council shall adopt such rules and regulations for the conduct of its business, including the right of a member to vote by proxy, as may be expedient and necessary. 5. BUDGET In order to maintain and improve the records management system, the public safety communications system, and other projects to improve public safety, the Council may decide to ask the participating governmental units to provide funds to the Council. The amount of funds to be requested each year shall be decided at a meeting of the Council prior to May 1 of each year. The amount so determined shall be apportioned on a calls- for - service basis or such other basis as the Council may decide and included in the budgets of each law enforcement agency for the following year. All members of the Council shall make a good faith effort to fund such contributions in the parties' budgets. Each chief law enforcement officer or member of the Council shall on or before April 1 of each year transmit to the fiscal agent the amount approved in the budget for the chief law enforcement officer's department for that year. 6. FISCAL AGENT The county shall act as the fiscal agent of the Council receiving, investing and disbursing funds as directed by the Council. All funds disbursed pursuant to this agreement shall be disbursed pursuant to the method provided by law for counties and the Division Manager of Anoka County Finance and Central Services shall be the fiscal agent. 7. CONTRACTS AND PURCHASES All contracts and purchases made pursuant to this agreement shall be made by the Council and shall conform to the requirements applicable to the county. The Chair of the Council is authorized to execute contracts on behalf of the Council. 8. TERMINATION This agreement will terminate under the following circumstances: a. There are no remaining parties to the agreement as a result of withdrawal pursuant to this agreement; or b. All parties, or all remaining parties, mutually agree to terminate the agreement. • • • • Termination of this agreement will not result in the discharge of any legal liability incurred by a party before the effective date of termination. Upon termination, any remaining funds or any property acquired pursuant to the terms of this agreement may be retained by Anoka County or by the party acquiring the property, except as may otherwise be required to comply with any requirement related to the source of funds used to acquire the property. The records management system, its software and hardware, is owned by the Council and, upon final termination of this agreement, shall be sold. The funds so realized, together with funds remaining with the fiscal agent, shall be distributed to the remaining parties in the proportion received. The Council may resolve all disagreements that may arise in a distribution. 9. PUBLIC SAFETY COMMUNICATIONS EQUIPMENT The parties agree that they will comply with the provisions of Exhibit A, which is attached hereto, regarding public safety communications equipment. The provisions of Exhibit A may be modified or eliminated by a majority vote of the . Council. 10. RECORDS The records and documents relating to all matters that are the subject of this agreement are subject to inspection, review and audit by the parties and state officials as authorized by law during regular business hours. Records will be retained in accordance with the provisions of Minn. Stat. Chap. 138. 12. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by any party. 13. LIMITATION OF LIABILITY By the terms of this agreement, a party does not waive any limitation of liability available to that party including, but not limited to, Nfinn. Stat. Chap. 466. 14. ENTIRE AGREEMENT This Joint Powers Agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended except by agreement in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have signed this agreement on the dates below: Date: CITY OF By: Its: By: Its: • • • • EXHIBIT A USE OF SHOP SPARES The parties agree that radios purchased as shop spares will be maintained by Anoka County Central Communications for the benefit of the parties hereto. These radios will be made available to the police and fire departments to substitute for a radio that is being repaired. Additionally, the radios will be available to police and fire departments for public safety situations such as disasters or large gatherings of people that need to be managed. The radios may be used for not longer than the time of repair or incident and, in any case, not longer than three months. There shall be no expense to the police and fire departments for this use provided, however, that the departments shall be responsible for any loss or damage to the shop spares radios they are using. ACQUISITION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT The parties agree that it is important for the public safety communication system to operate as effectively as possible and that the acquisition and use of common equipment is important to that goal. In furtherance of that goal, the parties agree that they will acquire communication equipment through the Director of Anoka County Central Communications. The county agrees that it will acquire such communication equipment at the lowest possible price and will not charge the party ordering the equipment any amount in excess of that necessary to its acquisition and delivery. The county further agrees that it will consider the recommendations of the ACJLEC and the Anoka County Fire Protection Council in determining whether the provision of the radios is by purchase or lease and whether the county will finance the acquisition costs. The parties agree that the county will act to preserve the ability of cities to treat payments as debt service in order to maintain the ability to acquire public safety communication equipment outside any levy limit. • • AGENDA ITEM 1H STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police MEETING DATE: November 24, 2008 TOPIC: Annual Renewal of Otter Lake Animal Control Contract VOTES REQUIRED: 3/5 Majority BACKGROUND The Lino Lakes Police Department has had Otter Lake Animal Control Center as our contract holder for the past 12 years. Our relationship during this time with the business has been very professional and we were able to meet the needs of the citizens and the City by utilizing the provisions of this contract. There are no changes to the contract. We request that the contract be renewed for calendar year 2009. OPTIONS 1. Approve the request to enter into a renewal contract with the Otter Lake Animal Control Center. 2. Retum to staff for further information. RECOMMENDATION Option No. 1 CONTRACT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT, entered into this day of 2086, by and between the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, hereinafter referred to as the `Municipality", and Otter Lake Animal Care Center, 6848 Otter Lake Road, Hugo, Minnesota 55038, hereinafter referred to as "Otter Lake ", regarding the provision of animal control services in the City of Lino Lakes. The parties hereto agree as follows: L TERM The term of this contract shat be from ://ft 4y / '2 L6 through %-& s1,/ 1 -c c i IL BASIC SERVICES Otter Lake agrees to provide the following services: 1. Shelter for animals on a 24 hour basis. 2. Pick up and transport to the shelter building during normal business hours, seven days per week upon the request of the appropriate Municipal official 3. Animal examinations and vet inary care as required whenever staff is available. 4. Boarding for up to seven (7) days. 5. Euthanasia and disposal of animals if required. 6. Assist in handling animal abuse/neglect cases in cooperation with Municipal officials when necessary. 7. Vaccinate all boarders with Borrdafella upon arrival at S7.00 per cat or dog. HI COMPENSATION 1. The Municipality shall pay Otter Lake the following fees: A. IMPOUND FEE: An administration charge of $55.00 per animal for the first day of irnpormd. B. BOARDING FEE: $ 15.00 per day, per animal, for each day after the first day of impound_ C. QUARANTINE FEE: In addition to the regular boarding fee, $4.00 per day, per animal, for all animals which must be quarantined, not to exceed ten (10) calendar days. D. TRANSPORTATION FEE: $27.50 per pick up. E. VETERINARY SERVICE: $40.00 per hour (maximum of $200.00 on any injury charged to the city). F. FLEA DIP: " $15.00 per animal —49 -1 • • • G. EUTHANASIA AND DISPOSAL FEE 0 - 30 lbs. 31 - 60 lbs. 61 lbs. and over H. VACCINATION FEE None (no vaccinations given). $11.00 $15.00 $19.00 2. The Municipality will not be charged those costs recovered from pet owners. 3. Charges for services, shall be paid monthly or within thirty (30) days after submission of the monthly claims by Otter Lake to the Municipality. A copy of the impound sheet(s) shall accompany the monthly claims. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, Otter Lake Shall abide by all statutes, ordinances rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Otter Lake shall comply with all requirements of Minn. Stat. 346.37 and shall indemnify and defendant the City against any claimed violation of that statute, or any other statue, ordinance, rule or regulation pertaining to the services provided by Otter Lake. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS Otter Lake agrees to make available to duly authorized representative of the Municipality and either the legislative auditor or the state auditor for the purpose to audit examination pursuant to Minn. Stan. 16B.06, any books, documents, papers and records of Otter Lake that are pertinent to Otter Lake's provision of services hereunder. Otter Lake further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters. VI. INSURANCE Otter Lake shall purchase, maintain in full force and effect during the term of this Contract the following insurance coverage: 1. WORKER'S COMPENSATION: Coverage at statutory limits as provided by the State of Minnesota. 2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. 3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of $750,000 per occurrence, combined single limit of bodily injury liability and property damage liability. This shall include owned vehicles hired and non - owned vehicles and employee non - ownership. shall Current valid insurance certificates meeting the requirements herein identified be filed with the Municipality before signing of this Contract. All policies shall provide, and the certificate issued shall evidence, that the Municipality shall be notified in writing at least thirty (30) days prior to cancellation or modification of coverage. VIII EARLY TERMINATION This Contract may be terminated by either party, with or without cause, upon thirty (30) days written notice, delivered by certified mail or in person, to the other party. VIII. MODIFICATIONS Any material alteration, modifications or variations of any terms of the Contract shall be valid and enforceable only when they have been reduced to writing as an amendments and signed by the parties. Municipality shall be named as an additional insured on all insurance certificates. IX. ENTIRE AGREEMENT It is understood and agreed by the partied that the entire agreeement of the parties is contained herein and that the Contract superseded all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Otter Lake and Municipality. The parties hereto revoke any prior oral or written agreements between themselves and agree that this Contract is the only and complete agreement regarding the subject hereof 3 —51— • CITY OF LINO LAKES OTTER LAKE ANIMAL CARE CENTER • BY: BY: 111LE: 111LE: BY: BY: 111LE: DATE: • • • • • DRAFT CITY OF LINO LAKES MINUTES CANVASSING BOARD DATE : November 10, 2008 TIME STARTED : 6:20 p.m. TIME ENDED : 6:27 p.m. MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : none Staff members present: City Administrator, Gordon Heitke; Deputy City Clerk, Jean Viger; and City Clerk, Julie Bartell Deputy Clerk Viger reviewed the Election Summary Report of the special election held on November 4, 2008 outlining the results of the city question on an amendment to the city charter. She explained that Minnesota Statutes require that the governing body of any city that conducts an election must canvass the returns of that election and declare the results within seven days. Along with the summary report, the council was provided with a copy of the voting machine tapes showing the votes on the charter amendment question. Canvassing Board Member Gallup moved to accept the November 4, 2008 Election Summary Report, as presented. Canvassing Board Member Stoltz seconded the motion. Motion carried unanimously. Deputy Clerk Viger announced that she had received notification from Anoka County that Lino Lakes Precinct 4 would be audited. Several precincts throughout the county area randomly selected for audit as a standard practice each election. Being no further business, Canvassing Board Member O'Donnell moved to adjourn at 6:27 p.m. Canvassing Board Member Gallup seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at the regular Council meeting held on November 24, 2008. City Clerk, Julianne Bartell John Bergeson, Mayor • • AGENDA ITEM 1J STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: November 4, 2008 TOPIC: 2009 City Council Meeting Schedule BACKGROUND The City Council meeting schedule is established each year based on the requirements of the City Code: Section 202.01 Meetings. Sudivision 1. Regular Meetings. The city council shall have regular sessions on the 2nd and 4th Mondays of each month at 6:30 o'clock p.m. and if such Monday shall fall on a holiday shall have its regular session the next following day, and adjourned and special sessions at any other time the council may deem proper. The proposed 2009 schedule (attached) includes the required bi- monthly council meetings and continues the current practice of holding a regular work session the first Monday of each month and a shorter work session previous to the 4th Monday of the month council meeting. One regular council date falls on a holiday in 2009 (Memorial Day — May 25). In concurrence with the City Code, that meeting has been moved to the next day after the holiday. One work session date falls on a holiday (Labor Day — September 7). That work session has been tentatively scheduled for the following day but staff will confirm that change in the future. RECOMMENDATION Staff recommends approval of the attached Lino Lakes City Council 2009 Meeting Calendar • Lino Lakes City Council - 2009 Meeting Calendar = City Council Meeting, 6:30 p.m. (2 "d & 4th Monday), Council Chambers = Council Work Session, 5:30 p.m. (1st Monday), Community Room = Work Session, 5:30 p.m.; Council Meeting, 6:30 p.m. (4th Monday), Council Chambers = Packets for Work Session and /or Council Meeting are distributed January Su Mo Tu We Fr Sa 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 April iii Su Mo Tu We Th Fr Sa �—. 1 2 3 4 7 1 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July u Mo Tu We Th Fr Sa 1 2 4 9 10 11 12 13 ! 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October Su Mo Tu We Th Fr Sa f .._ 1 2 3_ 4 ` 6 7 8 9 10 ® 13 14 15 16 17 18 19 20 21 2 23 24 ® 27 28 29 30 31 February March Su Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 f 17 18 19 20 21 22 23 24 25 26 27 28 Mo Tu 1 2 3 8 9 10 15 16 17 22 23'24 '29 30 31 We Th Fr Sa 4 5 6 7 11 12 13 14 18 19 20 21 25 26 27 28 May June Su Mo Tu 3 4 10 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 We Th Fr Sa 718 3 August Su Mo (2 3 9 10 16 17 23 24 30 31 Tu We S 1 4 5 617 8 11 12 ' 13 14 15i 18 19 20 21 22 25 26 27 28 29 November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2526 27 28 29 30 September Su Mo ` Tu We . Th Fr Sa L._. 1 2 3 4 5 6 s 7 8 9 10T11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December Su Mo Tu We , Th Fr Sa 1 2 3 4 5? 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 Mo Tu We Th 1 2 3 7 8 9 10 13 14 15 16 17 [. 20 21 22 23 24 27 28 29 30 31 Fr Sa 4 5 11 12 18 19 25 26 AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek MEETING DATE November 24, 2008 TOPIC Public Hearing on Adjustment of Water Utility Rate Schedule Consider 1st Reading of Ordinance 16-08 Simple Majority VOTE REQUIRED A Public Hearing is scheduled for this evening to receive public comment on the proposed adjustment in water utility rates. The last rate adjustment was in 2001. In June, 2007, the City Council authorized Springsted, Inc., to perform a utility rate study for the City. This Study was prepared and coordinated with the Water Management and Conservation Plan completed by the City's engineers, T.KD.A. The Study was originally presented to the City Council at the October, 2007 work session. Following the presentation of the draft Study, Springsted, Inc. incorporated comments received from the City Council and staff into a revised rate structure recommendation that was presented to the City Council in April. Comments received during that meeting were incorporated into an amendment to the Utility Rate Study Report. The Study was accepted by the City Council on May 27, 2008. The role of utility rates in promoting conservation of water resources through the management of water is an integral component of the Water Management and Conservation Plan approved by the City Council. Water costs a great deal of energy and money to pump, move, and purify. Water conservation practices will reduce costs to the city's water system and reduce the need for expansion of pipes, wells, and water storage (reducing fees paid by our customers). Increased expenses of additional infrastructure (well houses, storage tanks) to provide adequate water supply and pressure for only a few weeks during the summer for irrigation is not prudent use of our residents' money. The city has experienced daily summer water demands that average four times the daily winter use, and has gone as high as seven times the average daily winter use. The city has experienced 6.7% of residential users consuming over 120,000 gallons in the summer quarter. High water use compromises the city's ability to provide adequate and reliable water supplies, water pressure, storage capacity, and fire protection reserves. Minnesota Statutes mandate that all public water suppliers serving more than 1,000 people in the metropolitan area have a conservation rate structure in place by January 1, 2010. Conservation measures must be in place before requesting approval to construct a public water supply well or requesting an increase in the authorized volume of appropriation. The proposed Water Utility Rate Schedule is another measure to bring the city closer to the long term goal of decreasing annual average residential water usage to 75 gallons per person per day (as required by the DNR). The tiered rates are structured to promote water conservation through discouraging high seasonal water usage without penalizing for normal domestic water usage. Families that consume less than 40,000 gallons per quarter (98.7% of residents during the winter months) will experience a negligible increase of less than 3 %. —54— Information materials to communicate the rate recommendations have been mailed to utility customers and a copy of the Springsted study has been posted to the City's web site. Following the Public Hearing, staff is recommending that the City Council approve the first reading of Ordinance 16-08. If approved, a second reading will be scheduled for the December 8 City Council meeting. The adopted rates will be implemented in January, 2009. No adjustment to sewer rates is recommended until 2013. 1. Approve the 1st Reading of Ordinance 16-08. 2. Refer to Staff for further review. Option 1 • • • • • • 11` Reading: November 24, 2008 2°d Reading: Publication: Effective: City of Lino Lakes Ordinance No. 16-08 AN ORDINANCE SETTING WATER UTILITY RATES AND AMENDING 1 tit 2009 FEE SCHEDULE; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS RATE SCHEDULES THAT CONFLICT'I'HEREWITH. 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, the water utility rate schedule is hereby adopted as follows: Residential $10.00 Per Quarter / REU *, plus $1.80 Per Thousand Gallons (0 — 20,000 Gal.) $2.00 Per Thousand Gallons (20,001 — 40,000 Gal.) $2.50 Per Thousand Gallons (40,001 — 80,000 Gal.) $3.00 Per Thousand Gallons (80,001 - 120,000 Gal.) $3.50 Per Thousand Gallons (over 120,000 Gal.) Non - Residential Domestic $10.00 Per Quarter / REU *, plus $1.80 Per Thousand Gallons (0 — 20,000 Gal.) $2.00 Per Thousand Gallons (20,001 — 40,000 Gal.) $2.25 Per Thousand Gallons (over 40,000 Gal.) Non - Residential Irrigation $2.50 Per Thousand Gallons (0 — 40,000 Gal.) $3.00 Per Thousand Gallons (40,001 — 80,000 Gal.) $3.50 Per Thousand Gallons (over 80,000 Gal.) * REU = a residential equivalent connection: 1. Residential — a single housing unit 2. Non - Residential REU = per Met Council Service Availability Charge Procedures Manual Non - Residential users with irrigation systems that do not have a separate irrigation meter will be charged at reside rates until such time that a separate irrigation meter is installed and inspected. Section 2. The 2009 Fee Schedule is hereby amended as shown in Section 1 of this ordinance. Section 3. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 24th day of November, 2008. ATTEST: Julie Bartell, City Clerk 1 —56— John J. Bergeson, Mayor • AGENDA ITEM 3A STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 24, 2008 TOPIC: Public Hearing and 2nd Reading of Ordinance No. 13 -08 Establishing the 2009 Fee Schedule VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: 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 trunk utility fees and the surface water management fees according to the ENR Construction Index. The 2009 Fee Schedule Ordinance is presented for 2nd reading and adoption. Staff intends that the new fee schedule will be effect on the first business day in January 2009. OPTIONS: 1. Second reading and adoption of Ordinance No. 13 -08 2. Retum to staff for further consideration RECOMMENDATION: Option No. 1 • • • lst 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 1st 10 Copies Free, then .25 Per Page Copies: New Resident Labels $5.00 Per Month Flat Fee Copies: Aerial /Topo Map $10.00 City Map $2.50 • Comp. Plan. $55.00 Computer Disk or DVD $7.00 Environmental Handbook $55.00 Fax Charge 1St 10 Pages Free, then .25 Per Page Garbage Hauler License $75.00 /First Truck $45.00 Each Additional Overweight Permit $20.00 Pawn Shop Class A $10,000.00 Pawn Shop Class B $7,000.00 Class A Secondhand Goods Dealer $720.00 Class B Secondhand Goods Dealer $105.00 Class C Secondhand Goods Dealer No Fee Pawn Shop Investigation $15,000 (deposit on costs) Pawn Shop In State Investigation $750.00 Pawn Shop Out State Investigation $20,000.00 Peddler, Solicitor, Transient Merchant $250.00/6 months Recycling Container Purchase 1st Free / $8.00 for each Additional Rental License (annual) $50.00 for 1 or 2 units $50.00 + $10 per unit for 3 or more units Rental License Reinspection Fee $50.00 Special Event Permit $50.00 Tapes: Audio $10.00 1111 Tapes: Video $15.00 Tobacco License $50.00 Return Check Charge $30.00 Zoning Maps $5.00 /Large or Colored Zoning Ordinance $25.00 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 $20 /Evening Baseball /Softball Drag & Chalk $30 /Evening Soccer (Excluding Youth) $65 /Evening Picnic Shelter Reservation Residents - No Fee Non- Resident - $25 Party Wagon - Block Party No Fee Mon. - Thurs., Non -Block Party $25 Fri., Sat. Or Sun., Non -Block Party $40 Playground Grab Bags $10.00 / $25.00 2 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 "'Building 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 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 $100.00 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. 24. Contractor License Verification $5.00 per permit 4 25. Contractor License $50.00 26. SAC (Sewer Availability Charge) per Met Council • 27. 1/4" 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 36. Driveway Replacement Permit $25.00 for first violation $50.00 for each subsequent citation $50.00 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 levied 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 G411 $2.07 Per Thousand Gallons (Over 30,000 Gal.) • 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 $2,840.00 $3,760.00 $50.00 $65.00 $100.00 $2,690.00 Per Sac Unit $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 $ 048-4- .194 A32 _175 Surface Water Management Charge: Applied to developing parcels in accordance with the policy 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 • • *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 III Addl $1,000.00 Escrow Deposit $800 per Y2 Section Increment LATE FEE • 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 3A (i) STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 24, 2008 TOPIC: Resolution No. 08 -141 Summary of Ordinance 13 -08 for publication (2009 Fee Ordinance) VOTE REQUIRED: 4/5 vote BACKGROUND: Ordinance No. 13 -08 establishing 2009 fees will be considered for second reading and approval by the city council on November 24, 2008. If approved, due to the length of this ordinance, staff is requesting authorization to publish the ordinance in a summary form. Minnesota Statutes, Section 412.191 allow for summary publication when appropriate; a copy of the summary is attached to Resolution No. 08 -141. • OPTIONS: 1. Approve Resolution No. 08 -141 authorizing summary publication; 2. Deny Resolution No. 08 -141 thus requiring staff to publish Ordinance No. 13 -08 in its entirety; 3. Retum to staff. RECOMMENDATION: Option No. 1 • ATTACHMENT A, RESOLUTION 08 -141 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF 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 A. Alcoholic Beverages; B. Amusement and Commercial Recreation; C. Building — Construction Utilities; D. Utility Fees; E. Business and Miscellaneous; F. Culvert Prices; G. Park and Recreation User Fees; H. Fire Regulations; I. Lane Use; J. Engineering; H. Police Fees. Section 2. Effective Date of Ordinance. This ordinance shall be effective 30 days after its publication. Passed by the Lino Lakes City Council on November 24, 2008. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • AGENDA ITEM 3 B STAFF MEMBER Daniel Tesch, Director of Adminisd ation DATE 24 November 2008 SUBJECT Resignation of Officer Tim Ross VOTE REQUIRED 3/5 BACKGROUND Officer Ross has let us laiow that he will begin a long awaited retirement effective 31 January 2009. Tim has been serving his hometown community for 30 years. We would lice to offer Tim all the best on his retirement. OPTIONS RECOMMENDATION Accept Officer Ross' Resignation • • • AGENDA ITEM 3C STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 24 November 2008 TOPIC: 1st Reading of Ordinance 15-08, updating the city's background check regulations VOTE REQUIRED: 3/5 BACKGROUND I received notice from the Bureau of Criminal Apprehension (BCA) that they have changed the wording (from Authorized to Hereby Require) on their model ordinance required to be in place in order for police departments to conduct criminal background checks on volunteers, employees and license holders. Attached is the ordinance with the updated language. RECOMMENDATION Approve 1st reading of Ordinance No. 15 -08, amending Chapter 207.08 of the Lino Lakes City Code regarding background checks. ATTACHMENTS Ordinance 15 -08 1s Reading: 11/14/2008 Publication: 2ntl Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 15 -08 ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES The City Council of the City of Lino Lakes do ordain as follows: Section 1. That Chapter 207.08 of the Lino Lakes City Code shall be amended to read as follows: SECTION 1 APPLICANTS FOR CITY EMPLOYMENT PURPOSE: The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non - criminal purposes of employment background checks for the positions described in Section 1.1. 1.1_ CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is hereby authorized required as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city unless the city's hiring authority concludes that a background investigation is not needed: Employment positions: All regular part-time or full -time employees of the City of Lino Lakes and other positions that work with children or vulnerable adults. conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, to include the City Council, the City Administrator, Director of Administration or other city staff as appropriate. In • Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for employment on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication. SECTION: 2 APPLICANTS FOR CITY LICENSES PURPOSE:. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non - criminal purposes of licensing background checks. 2.1 CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is hereby authorized required as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the city: City licenses: Liquor, Tobacco; Cabaret; Charitable Gambling; Special Event; Peddler, Solicitor, Transient Merchant; Taxicab; Pawnbroker, Precious Metal Dealers, Secondhand Good Dealers; Adult Uses (Sexually Oriented Businesses) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, to include the City Council, the City Administrator, Director of Administration, City Clerk or other city staff as appropriate. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for the license. D. That all competent evidence of rehabilitation will be considered upon reapplication. Section 3. That this ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Lino Lakes this day day of , 2008. , Mayor , City Clerk • • • • AGENDA ITEM 3D STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 24 November 2008 TOPIC: Conditional Offer of Employment VOTE REQUIRED: 3/5 BACKGROUND A vacancy will be created in the Finance Department with the retirement of Joyce Lund later this year. Staff conducted a search process and interviewed nine applicants for the position of Accounts Payable /Payroll Tech. The city would like to make a conditional offer of employment to Ms. Kim Fread. Kim currently holds a similar position with the City of Staples. The offer is conditioned upon reference and background checks. RECOMMENDATION 1. Make a conditional offer of employment to Ms. Kim Fread. ATTACHMENTS none • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police DATE: November 24, 2008 TOPIC: Consideration of Resolution No. 08 -138 accepting $1,000 grant from Target for the Domestic Abuse Response Team VOTES REQUIRED: 3/5 Majority BACKGROUND The Lino Lakes Police Department is requesting council to publicly accept a $1,000 grant and thank Target for their ongoing support of the Domestic Abuse Response Team in the City of Lino Lakes. OPTIONS 1. Adopt Resolution No. 08 -138 accepting the $1,000 grant. 2. Retum the Resolution to staff for further information. RECOMMENDATION Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -138 RESOLUTION ACCEPTING $1,000 DONATION FROM TARGET FOR CONTINUED SUPPORT OF THE DOMESTIC ABUSE RESPONSE TEAM WHEREAS, Target is aware that the Lino Lakes Police Department operates under the Community Oriented Policing Philosophy. As part of this philosophy, the department continually looks for ways to connect with the community and strengthen the partnership between the police and community. The Lino Lakes Police Department responds to incidents of domestic abuse and is committed to ensuring that services are provided to the victims of this crime that will lead to a lasting solution for those involved; and WHEREAS, Target supports the efforts of strengthening our community and families. The donation of $1,000 will be beneficial in identifying victims caught in the cycle of family violence and help them get the services they need to break this cycle. The ultimate goal will be the prevention of family violence in our community; and WHEREAS, Target has donated $1,000 to the city in their support of this outreach program in this community; and WHEREAS, the monies will be appropriated to the General Fund in the following manner. Increase Revenue — Contributions 101 - 3720 -000 $1,000.00 Increase Police Expenditure $1,000.00 (101- 420 -4214 -000 Crime Prevention) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $1,000.00 and wishes to express its gratitude to Target for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. —67— • • AGENDA ITEM 4B STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police MEETING DATE: November 24, 2008 TOPIC: Consideration of Resolution No. 08 -139 accepting $50 donation from Residential Mortgage Group's "Refer a friend, Build your community" program. VOTES REQUIRED: 3/5 Majority BACKGROUND • The Residential Mortgage Group (RMG) has a charitable donation program called "Refer a friend, Build your community" where a donation can be made to organizations in a resident's community on behalf of the resident. Robert Pomerleau, a Lino Lakes resident, participated in this program with RMG and has selected the Lino Lakes Police Department as the recipient of a $50 donation. The Lino Lakes Police Department is requesting council to adopt Resolution No. 08 -139 and publicly accept and thank both Robert Pomerleau and the Residential Mortgage Group for their generous donation to the Lino Lakes Police Department. OPTIONS 1. Adopt Resolution No. 08 -139 accepting the donation. 2. Retum the Resolution to staff for further information. RECOMMENDATION Option No. 1 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -139 RESOLUTION ACCEPTING $50 DONATION FROM RESIDENTIAL MORTGAGE GROUP'S "REFER A FRIEND, BUILD YOUR COMMUNITY" PROGRAM WHEREAS, The Residential Mortgage Group (RMG) has a charitable donation program called "Refer a friend, Build your community" where a donation can be made to organizations in a resident's community on behalf of the resident and Robert Pomerleau, a Lino Lakes resident, participated in this program with RMG and has selected the Lino Lakes Police Department as the recipient of a $50 donation; WHEREAS, The Residential Mortgage Group supports the efforts of strengthening our community and families, the donation of $50 will be beneficial in support of the Lino Lakes Police Department; and WHEREAS, the monies will be appropriated to the Police Department General Fund NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $50 and expresses its gratitude to RMG and Robert Pomerleau for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. • • • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: Resolution No. 08 -134 Variance to the Shoreland Ordinance Ordinary High Water Setback 1801 77th Street BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow a garage/home addition to replace the storm damaged attached garage. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff informed the applicant that the decrease in the setback from the lake caused by slightly reconfiguring the structure would not be allowed under the strict enforcement of the Shoreland Ordinance. He was issued a building permit for a portion of the structure that would be within the original garage's footprint so that he could close the structure to the elements, and also received a permit to rebuild the deck structure. The property is located on the eastem shore of Peltier Lake just north of the intersection of Peltier Lake Drive and 77th Street. The Planning and Zoning Board requested revised drawings, which limits the setback encroachment to being no greater than the previous garage structure, however since the proposed addition does not follow the exact footprint of the old structure, a variance is still required. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Sewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Sewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Accessory structures: The property is allowed a total of 4,200 square feet of accessory structures, based on the acreage of the site. The existing structures on the site include a 2,240 square foot barn and a 1,920 square foot machine shed, for a total of 4,160 square feet. The proposed addition is roughly 1,200 square feet. This would mean the site would exceed the maximum by 1,160 square feet. Staff recommends that if this addition is approved, this area be removed from one of the existing structures prior to a certifica. of occupancy for the garage addition. Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would almost certainly need to encroach into the 150 foot setback. The applicant has submitted revised plans that do not increase the setback encroachment towards the lake, but still increases the amount of structure that encroaches within the setback area. Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. • b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site. • • d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. PLANNING AND ZONING BOARD On October 8th the Planning and Zoning Board first heard the Variance request and after much deliberation, advised the applicant to submit revised plans. At the November 12th meeting, the Planning and Zoning Board voted 4 -0 to recommend approval of the variance request based on the revised plans. RECOMMENDATION Staff is recommending adoption of Resolution No. 08 -134, denying the request for a variance to the Ordinary High Water Level setback of the Shoreland Ordinance based on the finding of facts. If the City council wishes to approve the request alternative findings must be made, and the following condition is recommended by staff. 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum of 4,200 square feet in area. ATTACHMENTS 1. Resolution No. 08 -134 • 2. Marier Justification Letters submitted September 12, 2008 and October 13, 2008. 3. Marier Site Plan submitted October 24, 2008 (two pages). Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-134 RESOLUTION DENYING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH STREET. WHEREAS, the City has received an application for a Variance requesting that a home /garage addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake, and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 - foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be provided for all unsewered structures, and • WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High Water Line setback, and WHEREAS, the following finding of facts have been made by the City Council: f. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. g. • While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. h. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of • construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site. • i. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East - Marier Property Please grant a variance for the following reasons: 1. Enlarged the entrance to correct illegal stair case . to the basement level. 2. Correct entering the home into a closet with 3 levels to navigate in a confined area. Wheelchair and limited mobility access improved with change. 3. New entrance provides wheelchair and handicap access with a staging area. 4. Increase depth of garage to provide a straight stair case access on west wall to living area from garage. Will provide a means to install handicap lift system from garage to living area and provide room to navigate from the vehicle to stair case into the living are& 5. Raise garage height by 8 inches to improve drainage away from structure and improve access from garage area. 6. Add covered front entrance to correct water entering into well pit and root cellar. 7. Add 2 car garage to handicap entrance in order to use vehicle side lift system. 8. Add covered 3 season porch to exiting deck in order to cover walkout icing problem and provide sheltered sitting area. History: Original 1856 Marier homestead farm house site with existing structure and proposed addition/remodel with greater set back from lake then original homestead deweling. Home has provided care for Paternal and Maternal Parents, Grandparents and great Grandparents. Improvements will allow the use of new medical equipment to continue this tradition. Provisions are in place to ensure that the 4th &5th generation Marier males will be able to provide this service as well as continue protecting the Peltier Lake Watershed. Please note that the new addition is 30 feet above the OHW and only 3 feet closer to the lake, leaving a 119.9 foot set back. Please approve project so generations to come can enjoy and protect this unique property. Respectfully submitted, Ron Marier Ron Marier RECEIVED SEP 1 2 2008 CITY OF LIMO LAKES • • • • �1 —o Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East-Marier Property Requested information: 1. Anoka County property tax statcuient from 1999 to 2008 showing that I pay taxes on 5 acres. 2. 1995 Subdivision survey showing Barn measurements and house location. Note: Barns are over 150 feet from high water mark. 3. 2008 survey and sketch showing new garage no closer to the highwater mark than the old garage. Please consider a variance for proposed garage addition. Respect' submitted, Ron Marier 641- tta /11' 47--tta- r,Lceet__ C ectL Vimiq s 3 - 495f PELTIER LAKE SHORELINE (884.73) E OHW LINE(884.7) N.G.V.D. 29 OF PELTIER LAKE. AS LOCATED, 9 -11-08 0 100 200 _777 HULT & HEBEISEN, PA Po Box 37 Facet lea, M1 Pk 1951) 4.4 -3171 fa= (BS1) oltaa: holagadra a rte. Eiglowas + t.r.rtM..w.r Client RON MARIER Project 1801 EAST 77TH ST., HUGO, MN Location 11- 31 -22, ANOKA COUNTY, MN Certification Summary Appma tk J pram 11014 Revision History Na Dab d sidiattau P 1 =MI O NOM LOWO • Sheet Title SKETCH Sheet Number Revision 1 OF 1 Project No. 08142 PROPOSED 30.2 DETAILA EXISTIN BUILDING -LFE- 904.6• 0 ONC ECK NO SCALE NO SCALE LEGEND Bituminous Surface Existing Building Line LFE Lowest Floor Elevation DESCRIPTION (PER CLIENT) LOT 5 AUDITOR'S SUBDIVISION NUMBER 55, ANOKA COUNTY, MINNESOTA SKETCH NOTES 1. For details see butfding plans. 2. Vertical Datum = NGVD 1929 3. Ordinary High Water Elevation =B84.7 feet Lowest Floor Elevation =904.6 feet RECEIVED OCT 2 4 2008 CITY OF LiNO LAKES HULT & HEBE1SEN, P.A. PO Box 37 Forest Lab. MN 55025 Or l551) 4&43130 ta= past) ,6...652 emit hop@mh's -ede e...p. + Engine + .+t•.+>trr+w Client RON MARIER Project 1801 EAST 77TH ST., HUGO, MN Location 11- 31 -22, ANOKA COUNTY, MN Certification Summary Appmmatk w Drawn: MEN Revision History Na Die By Snbmit al / Nevkioa 1 ,fat. O ME LOW1n.•0 Sheet Title SKETCH Sheet Number Revision 1 OF 1 Project No. 08142 • • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: Resolution No. 08 -133 Marketplace 3rd Addition Final Plat BACKGROUND Ryan Companies have requested approval of the Marketplace 3`d Addition final plat. This project is simply the adjustment of lot lines between the site that is occupied by the Sears Appliance Outlet and the vacant property to the west. ANALYSIS The final plat is conforming to the preliminary plat for the entire Marketplace development project and adequately addresses all requirements of the subdivision ordinance and the zoning code. The parking spaces that are being removed from the Sears Appliance Outlet lot are not necessary to meet the minimum requirements of the zoning ordinance and will still be a part of the shared parking agreement that covers the entire block of the Marketplace development. The drainage and utility easements that are in place cover the existing pipe system for the development, will remain in place, and do not need to be enhanced with additional easement area. The city attorney has reviewed the title commitments and found them to be acceptable. PLANNIND AND ZONING BOARD On November 12, 2008 the Planning and Zoning Board recommended approval of the final plat for Marketplace 3`d Addition on a 4 -0 vote. STAFF RECOMMENDATION Staff is recommending adoption of Resolution No. 08 -133, approving the final plat for Marketplace 3`d Addition. ATTACHMENTS 1. Resolution No. 08 -133 2. Final Plat submitted October 28, 2008 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-133 RESOLUTION APPROVING THE FINAL PLAT FOR MARKETPLACE 3RD ADDITION. WHEREAS, the City has received applications for developing an area known as MARKETPLACE 3RD ADDITION, and WHEREAS, the development requires approval of a final plat; and WHEREAS, the final plat for MARKETPLACE 3RD ADDITION is substantially conforming to the preliminary plat for the LINO LAKES MARKETPLACE; and WHEREAS, the proposed plat meets the requirements of the City's Growth Management, Zoning and Subdivision Ordinances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the final plat for MARKETPLACE 3RD ADDITION. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th 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. • • snw Loxl. WNW w rasa dda7 .Lr7A'O , Mtt gig44ij LINO LAKES MARKET PLACE 3RD ADDITION b 1 22 65 it Is it z 1 2 1 2 2k 11 22 G 11 I 1 R g 1 t 1 r r. .INI1,0/01 217/1 taraNtelt 7 LJ ° F let o 0 a •r `S 4 v4 Zi! 1 1q y 1 Off n01W �, 9 r-, O W ca n 0 W cam. o 0 L -81- • AGENDA ITEM 6.C. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: First Reading Ordinance No. 14 -08 Town Center Signage Criteria Amendment BACKGROUND The Country Inn and Suites located within the Town Center project has submitted a request to amend the Town Center Design and Development Guidelines to allow for increased wall signage on single tenant buildings within the Town Center area. The Planning and Zoning Board discussed the possibility of additional signage at the October 8, 2008 meeting, and upon receiving the comments of the Board; the property manager submitted a letter to staff requesting to proceed with an amendment application. ANALYSIS The sign ordinance adopted by the City of Lino Lakes allows a normal business to have up to two wall signs, and free standing signage based on the amount of frontage the property has. However, within the Town Center project the Town Center Design and Development Standards are enforced, and the Signage Criteria of the TCDDS only allows free standing signage for buildings in the Civic district (City Hall, YMCA). As such, all other single tenant buildings of the Town Center, like the Country Inn and Suites, are only allowed two wall signs and therefore have significantly less signage than would be allowed if they were located elsewhere in the city. This disparity was meant to be covered by master development signage that could advertise the larger businesses, but the master developer for the site has stalled out any construction activities and the disparity in signage is affecting the hotel's ability to generate customer satisfaction and repeat business. PLANNING AND ZONING BOARD On November 12, 2008 the Planning and Zoning Board recommended approval of this amendment with a 4-0 vote. RECOMMENDATION • Staff is recommending adoption of Ordinance No. 14 -08, amending the Town Center Design and Development Guide to allow all single user tenants to have three wall signs. ATTACHMENTS 1. Ordinance 14 -08 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14 -08 AN ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE LEGACY AT WOODS EDGE (LINO LAKES TOWN CENTER) AS CREATED BY ORIDINANCE 04 -04 AND AMENDED BY ORDINANCE 02 -06. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Unit Development for the property described below, based on the factors listed in Section 2, Subd.1 E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for mixed uses and regulation of the signage is an important component of any mixed -use development 2. The proposed signage criteria is largely based on the current signage standards for the city therefore the signage allowed within the site will be compatible with the present and future land uses that surround the site. 3. The Lino Lakes Town Center Design & Development Guide will now contain signage criteria that is in keeping with the typical signage standards of the city while specifically addresses the mixed -use nature of this type of development. 4. The proposed signage criteria will have no effect on public services and will not overburden the City's service capacity. 5. Vehicular and pedestrian traffic will be aided by the proper display of signage in accordance with the proposed standards. The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04 -04; and amended by Ordinance 02 -06 is hereby amended as follows: • • • • • SECTION 1. The Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04 -04 as Exhibit B, and further amended to include the signage standards, attached to Ordinance 02 -06 as Exhibit A; are hereby amended as such: 5.2. BUILDING SIGNS Wall Signs Single Tenant Buildings • Up to Pva three wall signs per building, with no more than one sign placed on any elevation. Each sign is limited to a maximum average sign height of 30 inches and a maximum width equal to 80% of the elevation width. Capital letters and corporate logos shall not exceed 36 inches. SECTION 2. As above amended, said Ordinance shall stand as initially passed and previously amended. SECTION 3. This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. John Bergeson, Mayor Attest Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th day of November, 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • AGENDA ITEM 7A STAFF ORIGINATOR: Gordon Heitke MEETING DATE: November 24, 2008 TOPIC: Selection of Attorney For Audit of Charter Commission Practices 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. At this meeting the City Council approved conducting a legal compliance audit of the practices of the Lino Lakes Charter Commission and directed the city attorney to contact the League of Minnesota Cities for the purpose of identifying qualified attomeys to conduct such an audit. City Attomey Baumgartner has submitted the attached list of qualified attomeys provided to him by the League of Minnesota Cities. ATTACHMENTS 1. Attorneys identified by the League of Minnesota Cities Page 1 of 1 Gordon Heitke From: Sent To: hawklaw2 @aol.com Wednesday, November 19, 2008 11:36 AM Gordon Heitke; Julie Bartell Subject~ Fwd: Attorneys for Investigation -- Original Message- - From: Grundhoefer, Tom <TGrundho@lmc.org> To: hawklaw2 @aol.com Sent Wed, 19 Nov 2008 11:27 am Subject: RE: Attorneys for Investigation Scott In response to inquiry. I think 11/19/2008 your request, my recommendations for attorneys hasn't really changed much from the previous any of these folks would do a nice job for you. Corrine Heine — Kennedy Graven — city attorneys for Cottage Grove, Brooklyn Center, Brooklyn Park, New Brighton, Crystal, Mound and R osemount, among others. Regular defense counsel employed by LMCIT. (612) 337 -9300. (I understand Steve Bubul of the firm may already be doing some special counsel work for the city.) Fritz Knaak — Knaak and Kantrud — city attorney for Fridley and Newport (651) 490 -9078. George Hoff — Hoff, Barry, and Kozar — city attorney for Maple Grove. Regular defense counsel employed by LMCIT on a variety of litigation matters, including open meeting law issues. Phone: (952) 941 -9220. Joel Jamnik — Campell Knutson — city attorneys for Farmington, Lindstrom, Lakeville, Plymouth, Chanhassen, St. Louis Park and Edina, among others. Regular defense counsel employed by LMCIT. Former League Legislative Counsel. (651) 234 -6219. Mark Vierling - Eckberg, Lammers, Briggs, Wolff & Vierling — city attomey for Woodbury and other communities. (651) 439 -2878. Mike Dougherty — Severson, Sheldon, Dougherty et al — city attorney for Apple Valley and Eagan. (952) 432 -3136 Tim Kuntz — Levander Gillen and Miller — city attorneys for Inver Grove Heights, South St Paul, and West St Paul, among others. Lecturer on open meeting law issues at our annual Newly Elected Officials Conference. &n bsp; Phone: (651) 451 -1831. -86-