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
•
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•
•
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_
•
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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
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•
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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
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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
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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
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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.
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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
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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
•
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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.
•
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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
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129
130
131
CITY COUNCIL SPECIAL WORK SESSION OCTOBER 27, 2008
DRAFT
132 Julianne Bartell, City Clerk John Bergeson, Mayor
4
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•
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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.
•
•
•
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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
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---- _ - --15
DRAINAGE &
UTILITY
EASEMENT
0
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LOT C
1
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LOT 4
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RECEIVED
NOV 1 0 2008
a OF LINO LAKES
BLOCK 2
PRO - EASEMENT
SCALE: 1” = 30'
ADDITION
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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
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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.
•
•
•
•
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•
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
•
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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:
•
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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
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April
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July
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October
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February March
Su
Su Mo Tu We Th Fr Sa
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Mo Tu
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May June
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Mo Tu
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We Th Fr Sa
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August
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Tu We S
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November
Su Mo Tu We Th Fr Sa
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December
Su Mo Tu We , Th Fr Sa
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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
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$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
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$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.
•
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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
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PELTIER
LAKE
SHORELINE (884.73) E
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OF PELTIER LAKE.
AS LOCATED, 9 -11-08
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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
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Sheet Title
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Project No. 08142
PROPOSED
30.2
DETAILA
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LEGEND
Bituminous Surface
Existing Building Line
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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
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Client
RON MARIER
Project
1801 EAST 77TH
ST., HUGO, MN
Location
11- 31 -22, ANOKA
COUNTY, MN
Certification
Summary
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Revision History
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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.
•
•
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•
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.
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