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Home My WebLink About12/08/2008 Council PacketSUMMARY MINUTES CITY COUNCIL AGENDA Monday, December 8, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke ➢ Open Mike / Public Comment No one addressed the council ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell, and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to move Item lE from the consent agenda to Item 2B PECIAL MEETING — 6 :00 P.M� Truth in Taxation Public Hearing 6:00 — 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell, and Stoltz The hearing was conducted and closed (there will be no continuation hearing on December 15, 2008) CONSENT AGEND A) Consideration of Expenditures: i) December 8, 2008 (Check No. 84551 through 84635) in the amount of $146,482.04; ii) Centennial Fire District (Check No. 3507 through 3514) in the amount of $6,021.83 Pg 4 -15 B) Consider approval of November 24, 2008 Council Work Pg 16 -17 Session Minutes C) Consider approval of November 24, 2008 City Council Pg 18 -24 Meeting Minutes Council Agenda -2- 12/08/2008 SUMMARY MINUTES D) Consider Resolution No. 08 -135 Authorizing the Transfer of Pg 25 -26 Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund E) Consider Resolution No. 08 136 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. • ._ (moved to Finance Department section for discussion — 2B) Pg 27 28 F) Consider Resolution No. 08 -137 Authorizing an Interfund Loan Pg 29 -30 From the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund G) Consider approval of Resolution No. 08 -142 Approving Pg 31 -32 Transfers for Installment Payment on Interfund Loan for Recreation Complex Land H) Consider approval of Resolution No. 08 -144 Amending Resolution No. 06 -213, Setting the General Timeline for the Adoption of the Five -Year Financial Plan Action Taken: Motion by Stoltz, seconded by Gallup, to approve the Consent Agenda Items 1A through 111 (except Item 1E which was moved to Finance, Item 2B), was adopted FINANCE DEPARTMENT REPORT, A„t: Rik A) Consider 2nd Reading and adoption of Ordinance No. 16 -08 Pg 33 -34 adjusting the Water Utility Rate schedule. Reading and roll call required Action Taken: Motion by O'Donnell seconded by Gallup, to approve second reading and adoption of Ordinance No. 16 -08, was adopted: Yeas, 4; Nays, 1 (Reinert). B) Consider Resolution No. 08 -136 Authorizing the Transfer of Pg 27 -28 Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund Action Taken: Motion by Gallup, seconded by Stoltz, to approve Resolution No. 08 -136 as presented, was adopted ADMINISTRATION DEPARTMENT REPORT. Dan Tesch A) Consider 2 "d Reading and adoption of Ordinance No. 15 -08, Pg 35 -40 revising regulations on background checks, Dan Tesch Reading and roll call required Action Taken: Motion by Reinert, seconded by O'Donnell, to approve second reading and adoption of Ordinance No. 15 -08, was adopted: Yeas, 5; Nays none. Council Agenda -3- 12/08/2008 SUMMARY MINUTES i) Resolution No. 08 -143 authorizing summary publication of Ordinance No. 15 -08 Action Taken: Motion by Reinert, seconded by Stoltz, to approve Resolution No. 08 -143 as presented, was adopted PUBLIC SAFETY DEPARTMENT REPOR ,lave Pecchia A) Consider Resolution No. 08 -149, Accepting a Donation from Turtleman Triathlon for the Police Reserves Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution No. 08 -149 as presented, was adopted B) Consider 1st Reading of Ordinance No. 17 -08, Amending Chapter 503 relating to Animal Control to change the number from 2 to 3 dogs Reading and roll call required Action Taken: Motion by O'Donnell, seconded by Reinert, to approve first reading of Ordinance No. 17 -08, was adopted: Yeas, 5; Nays none 3LIC SERVICES DEPARTMENT REPORT, Rick Cie; No report COMMUNITY DEVELOPMENT REPORT, M% A) hale Consider 2nd Reading of Ordinance No. 14 -08, Amending the Pg 41 -43 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 O'Donnell, seconded by Stoltz, to approve second reading and adoption of Ordinance No. 14 -08, was adopted: Yeas, 5; Nays none. B) 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 Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 08 -134 as presented, was adopted Council Agenda -4- 12/08/2008 SUMMARY MINUTES 7. UNFINISHED BUSINESS A) Open Meeting Law Violation Allegation — investigation results Action Taken: Motion by Stoltz, seconded by Gallup, to accept the report as presented, was adopted. Motion carried; Council Member Reinert voted nay. NEW BUSIV None Adjournment Community Calendar- A Look Ahead December 8, 2008 through December 22, 2008 • Monday, December 8 After regular meeting 6:30 mtg. • Wednesday, December 10 6:30 pm, Council Chambers Ae Monday, December 15 5:30 pm, Community Room • Monday, December 15 6:30 pm, Council Chambers • Wednesday, December 17 6:30 pm, Council Chambers Comp Plan Review Planning & Zoning, cancelled Council Work Session Council Meeting Environmental Board REVISED Monday, December 8, 2008 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items Truth in Taxation Public Hearing A) Consideration of Expenditures: i) December 8, 2008 (Check No. 84551 through 84635) in the amount of $146,482.04; ii) Centennial Fire District (Check No. 3507 through 3514) in the amount of $6,021.83 Pg 4 -15 B) Consider approval of November 24, 2008 Council Work Pg 16 -17 Session Minutes C) Consider approval of November 24, 2008 City Council Pg 18 -24 Meeting Minutes D) Consider Resolution No. 08 -135 Authorizing the Transfer of Pg 25 -26 Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund E) Consider Resolution No. 08 -136 Authorizing the Transfer of Pg 27 -28 Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund F) Consider Resolution No. 08 -137 Authorizing an Interfund Loan Pg 29 -30 From the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund Council Agenda -2- 12/08/2008 G) Consider approval of Resolution No. 08 -142 Approving Transfers for Installment Payment on Interfund Loan for Recreation Complex Land H) Consider approval of Resolution No. 08 -144 Amending Resolution No. 06 -213, Setting the General Timeline for the Adoption of the Five -Year Financial Plan A) Consider 2nd Reading and adoption of Ordinance No. 16 -08 adjusting the Water Utility Rate schedule. Reading and roll call required Pg 31 -32 Pg Pg 33 -34 A) Consider 2nd Reading and adoption of Ordinance No. 15 -08, Pg 35 -40 revising regulations on background checks, Dan Tesch Reading and roll call required i) Resolution No. 08 -143 authorizing summary publication of Ordinance No. 15 -08 A) Consider Resolution No. 08 -149, Accepting a Donation from Turtleman Triathlon for the Police Reserves B) Consider 1St Reading of Ordinance No. 17 -08, Amending Chapter 503 relating to Animal Control to change the number from 2 to 3 dogs Reading and roll call required No report A) Consider 2nd 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 B) 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 41 -43 Council Agenda -3- 12/08/2008 A) Open Meeting Law Violation Allegation — investigation results None Community Calendar- A Look Ahead December 8, 2008 through December 22, 2008 4 Monday, December 8 4 Wednesday, December 10 - Monday, December 15 4 Monday, December 15 4 Wednesday, December 17 After regular meeting 6:30 mtg. 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Comp Plan Review Planning & Zoning, cancelled Council Work Session Council Meeting Environmental Board City of Lino Lakes Truth in Taxation Hearing Proposed 2009 Operating Budget and Property Tax Levy December 8, 2008 City of Lino Lakes Major Factors in 2009 City of Lino Lakes levy: — Levy Limited by State Statutes — General Levy for Operations — Special Levies for Debt Service, Abatement payments and PERA — Council Goals, Street Maintenance, Equipment Replacement, Storm Drainage Maintenance City of Lino Lakes Tax Base grew 4.34% City of Lino Lakes Proposed City Tax Levy Adopted Preliminary Levy MVHC — direct to Taxpayer Levy received by City MVHC to city from State Levy for MVHC $9,244,338 ( 250,000) $8,994,338 250,000 -0- Total Revenue to City $9,244,338 $9,200,000 $8,700,000 $8,200,000 $7,700,000 $7,200,000 $6,700,000 $6,200,000 $6,700,000 $6,200,000 34,700,E $4,200,000 $3,700,000 $3,200,000 $2,700,000 $2,200,000 01,700,000 $1,200,000 City of Lino Lakes Change in City Tax Levy • Special ® Debt • General 140.000% 120.000% 100.000% 80.000% 60.000•/. 40.000% 20.000% 0.000% City of Lino Lakes Change in Tax Rates 2006 2007 2008 2009 • Other • Lino Lakes • Anoka Co • ISD 12 City of Lino Lakes 2009 Property Tax Distribution City of Lino Lakes Property Tax Distribution ® Lino Lakes ® Anoka County • School Dist ® Spec Dist City of Lino Lakes Property Tax Computation 2008 Market Value - $250,000 Tax Capacity $2,500 City Tax Rate x .38967 City Tax $974 2009 Market Value - $250,000 Tax Capacity $2,500 City Tax Rate x .38680 City Tax $967 (1.00 %) City of Lino Lakes Property Tax Computation 2008 2009 1.01% avg. increase in value Market Value - $250,000 Market Value - $253,875 Tax Capacity $2,500 Tax Capacity $2,539 City Tax Rate x .38967 City Tax Rate x City Tax $974 .38680 City Tax $982 1.00% $5,200 T $4,700 o $4,200 t $3,700 a S3,200 I $2,700 $2,200 T $1,700 a $1,200 X $700 $200 City of Lino Lakes Total Property Tax on Homestead Property 5150,000 $200,000 $300,000 $400,000 Market Value City of Lino Lakes City Tax Rate Ranking in Anoka County • 2005 - 9th out of 21 cities /townships • 2006 - 8th out of 21 cities /townships • 2007 - 9th out of 21 cities /townships • 2008 - 10th out of 21 cities /townships • 2009 - 9th out of 21 cities /townships City of Lino Lakes Proposed 2009 General Operating Budget City of Lino Lakes Budget Preparation Calendar • February - May - City Council establishes budget priorities and objectives at Goal Setting work session • June /July - Departmental budgets are prepared • August 18 - Council reviews proposed budget • September 8 - Council approves preliminary Tax Levy and Budget & sets public hearing date • September 15 - Preliminary Tax Levy, Budget & public hearing dates certified to County Auditor City of Lino Lakes Budget Preparation Calendar • Mid-November - County mails notice of proposed property tax • December 8 - Council holds Truth in Taxation hearing on proposed 2009 Budget and Tax Levy • December 15 - Council adopts final 2009 Budget and Tax Levy • By December 29 - City certifies final 2009 Tax Levy and Budget to County Auditor City of Lino Lakes Major Factors in 2009 City of Lino Lakes budget includes: — Adjustments in Revenue and Expenditures to lower preliminary budget at adoption — Funding for achieving City Council goals — Amounts for capital needs - capital equipment, office equipment, computers, etc. — Continuation of 2008 amount for street maintenance — Resources for Storm Drainage maintenance projects — Contingency for unknowns — Personnel cost adjustments City of Lino Lakes General Fund Budget 2006 -2009 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $10,064,722 ■ 01 111 p ■ ■ ■ . ji i i i i 2006 2007 2008 2009 City of Lino Lakes General Fund Reserves 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 City of Lino Lakes Proposed 2009 Revenues 2008 2009 °/%Chg Property Tax 57.778,236 58.130.172 4.52% Licenses & Permits 642,500 491,050 (23.57%) Intergovernmental 657,000 652,000 (0.76% Fines & Forfeitures 110,000 130,000 18.18% Charges for Service 250.500 307,500 22.75% Interest income 200,000 176.000 (12.50 %) Transfers & Misc 184,000 178,000 (2.72 %) Use of Fund Re.serves 85,562 0 100.00% Total Revenues 59,907,798 510,064,722 1.58% City of Lino Lakes Proposed 2009 Revenues Licenses & Permits 4.88% Intergovernt Fines 6.48% 1.29% Chgs for Service 106% Interest 1.74% City of Lino Lakes Proposed 2009 Expenditures 2008 2009 % Chg Administration 1,375;702 '1;365,223 (0.76%) Community Development 1,126,108 1.049,435 (6.82%) Public Safety 3,042;910 4,094,285 3.84% Public Services 2.671,990 2,901,647 8.59% Other 791,000 054,132 (17.30 %) Total 9.97,798 10,004.7 22 1,58'/ City of Lino Lakes Proposed 2009 Expenditures City of Lino Lakes Proposed 2009 Water Budget • Debt service decreased from 2007 • Water rates to be adjusted $1,100 $900 5700 5500 5300 5100 Thous • 2007 • 2008 • 2009 e O�'4 /Y 6t4 ee City of Lino Lakes Proposed 2009 Sewer Budget • Provide 800 Mhz communications • Sewer rates remain unchanged S1,700 51,500 51,300 $1,100 5900 5700 $500 Thous 2006 2007 2000 2009 City of Lino Lakes A Value in City Services Lino Lakes Services for a 5250,000 Home Approximate Monthly Cost Police Protection $28 Fire Protection $5 Street Maintenance/Snow Plowing 518 Parks & Recreation $8 Sanitary Sewer 521 City of Lino Lakes Truth in Taxation Hearing Proposed 2009 Operating Budget and Property Tax Levy Thank you for attending. December 8, 2008 • EXPENDITURES DECEMBER 08, 2008 • Date: 11/29/2008 Time: 10:24:40 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) 'Invoice #: (A) Entry Journal #: (R) 7597 - 7608 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N • Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 447.94 447.94 .00 .00 000038 ACTIVE NETWORK, INC. (.COM) 1 306.50 306.50 .00 .00 D00057 PREMIUM WATERS, INC. 1 21.06 21.06 .00 .00 000065 SCHARBER & SONS, INC. 1 7.50 7.50 .00 .00 000073 MCCARTHY, KELLY ANN 1 132.40 132.40 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 60.57 60.57 .D0 .00 000100 AID ELECTRIC SERVICE, INC. 1 2,088.80 2,088.80 .00 .00 000120 ST. JOSEPH'S CHURCH 1 75.00 75.00 .00 .00 D00150 ANOKA COUNTY FINANCE DEPARTMENT 1 227.83 227.83 .00 .00' 000191 MACQUEEN EQUIPMENT, INC. 1 50.92 50.92 .00 .00 000225 WHITE HEAR LOCKSMITH, INC. 1 26.83 26.83 .00 000270 GOPHER SIGN COMPANY 1 491.93 491.93 .00 000320 ANCHOR PAPER COMPANY, INC. 1 786.13 786.13 .00 .00 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 511.61 511.61 .00 .00 000370 CENTRAL COMMUNICATIONS 1 897.20 897.20 .00 .00 000375 SYCOM, INC. 1 19,896.33 19,896.33 .00 ..00 000423 TWIN CITY FAB, INC. 1 125.02 125.02 .00 .00 000489 TDS METROCOM MN 1 965.07 965.07 .00 .00 000503 MINNESOTA DEPT OF PUBLIC SAFETY 1 400.00 400.00 .00 .00 000537 CENTRAL PENSION FUND 1 2,611.20 2,611.20 .00 .00 000539 TARGET 1 366.95 366.95 .00 .00 000541 ASPEN MILLS, INC. 1 661.03 661.03 .00 .00 • Date: 11/29/2008 Time: 10:24:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount •ior # Name # of items Net Gross Discount Lost 000593 BLACKBIRD, JIM 1 141.96 141.96 .00 .D0 000610 BAUER BUILT, INC. 1 509.33 509.33 .00 .D0 0006B0 STANLEY SECURITY SOLUTIONS, INC. 1 285.52 285.52 .D0 .00 000724 BLUE TOW SERVICE, INC. 2 450.00 450.00 .00 .00 000770 BOYER TRUCKS, INC. 1 514.02 514.02 .00 .00 000771 POWER PLAN 1 133.42 133.42 .00 .00 000820 BRAUN INTERTEC, INC. 1 123.50 123.50 .00 .D0 000860 BROADWAY AWARDS, INC. 1 30.35 30.35 .00 .00 000888 RICKS DEER AND BEAVER, INC. 1 185.80 185.80 .00 .00 000903 BUDIG, TIM 1 B9.89 89.89 .00 .0D D00946 C. P. OFFICE PRODUCTS 1 623.62 623.62 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 1,453.97 1,453.97 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 922.71 922.71 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 356.78 356.78 .00 .00 001044 CHOICEPOINT SERVICES, INC. 1 30.00 30.00 .00 .0D •100 CIRCLE PINES POST OFFICE 1 1,639.83 1,639.83 .00 .00 001110 CENTENNIAL UTILITIES 1 3,670.38 3,670.38 .00 .00 001270 DALCO, INC. 1 132.05 132.05 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 202.08 202.08 .00 .00 001395 NF.XTEL COMMUNICATIONS 1 672.71 672.71 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 107.45 107.45 .00 .0D 001752 MOONEN, PATRICK 1 331.38 331.38 .00 .00 001850 HOFFMAN, MICHAEL 1 11.44 11.44 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 7,100.23 7,100.23 .00 .00 001881 HUGO HEATING AND COOLING 1 2,400.00 2,400.00 .00 .00 002000 INTL UNION OF OPER ENGR 1 518.50 518.50 .00 .00 002141 FLEXIBLE PIPE TOOL COMPANY, INC. 1 222.65 222.65 .00 .00 • Date: 11/29/2008 Time: 10:24:41 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name # of items Net Gross Discount Disc. 002328 G & K SERVICES, INC. 1 26.04 26.04 .00 .00 002330 LICHTSCHEIDL, DAVE 1 43.13 43.13 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 831.73 831.73 .00 .00 002486 MATT PARROTT AND SONS COMPANY, INC. 1 973.08 973.08 .00 .00 002550 MENARDS, INC. 1 519.80 519.80 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 12.29 12.29 .00 .00 002743 BCA /CRIMINAL JUSTICE INFO SYSTEMS 1 15.00 15.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .D0 .00 003091 MN NCPERS LIFE INSURANCE 1 416.00 416.00 .00 .00 003123 NATURE CALLS, INC. 1 323.25 323.25 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 995.77 995.77 .00 . .00 003250 SCEL ENERGY 3 10,878.44 10,878.44 .00 .D0 003271 HSBC BUSINESS SOLUTIONS 1 19.70 19.70 .0D .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 761.25 761.25 .00 .00 003478 PECCHIA, DAVID CHIEF 1 2,159.99 2,159.99 .00 .00 003491 PETTY CASH 1 80.23 80.23 .00 003524 PITNEY BOWES, INC. 1 159.75 159.75 .00 003600 PRESS PUBLICATIONS, INC. 1 66.01 66.01 .00 .00 003763 DECISION RESOURCES, LTC. 1 5,000.00 5,000.00 .00 .00 003789 RIVARD ELECTRIC COMPANY, INC. 1 580.00 580.00 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 1 2,058.01 2,058.01 .00 .00 003882 MINNESOTA SHREDDING LLC 1 67.20 67.20 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 22.00 22.00 .00 .00 004127 WEGENER, WAYNE, JR. 1 1,474.40 1,474.40 .00 .00 004240 STREICHER'S, INC. 3. 438.06 438.06 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 70.02 70.02 .00 .00 004350 T.K.D.A. 11 39,703.72 39,703.72 .00 .00 Date: 11/29/2008 Time: 10:24:41 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount likor# Name # of items Net Gross Discount Lost 004469 TOUSLEY FORD, INC. 1 348.65 348.65 .00 .00 D04562 HD SUPPLY WATERWORKS, LTD. 1 538.28 538.28 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 103.21 103.21 .00 .D0 004803 CRITICAL CONNECTIONS ECOLOGICAL SERVICES 1 8,782.50 8,782.50 .00 .00 007385 SHELLY, JAMES 1 380.00 380.00 .00 .00 D07393 ASPEN EXTERIORS, INC. 1 80.00 80.00 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 007591 CLAYPOOL, MIRE 1 95.00 95.00 .00 .00 007664 LONG, MATTHEW AND JESSICA 1 5,442.79 5,442.79 .00 .00 007665 SCHEERER, CAROLYN 1 20.00 20.00 .00 .00 007666 ASHCO BUILDERS /EXTERIORS INC. 1 B0.00 80.00 .00 .00 007667 HANF ACTUARIAL, INC. 1 4,000.0.0 4,000.00 .00 .00 007668 ISERMAN, KATHERINE 1 500.00 500.00 .0D .00 007669 LORENZ CORPORATION, THE 1 230.00 230.00 .00 .00 007670 R & R RESTORATION AND REPAIR 1 185.00 185.00 .00 .00 •671 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, 1 2,000.00 2,000.00 .00 .00 007672 VENUS CREATIONS, INC. 1 304.68 304.68 .00 .00 007673 WALDOCH FARM, INC. 1 36.00 36.00 .00 .00 007674 YANGS GROUP CONTRACTOR 1 80.00 B0.00 .00 .00 900521 RIVARD TAILORING 1 63.52 63.52 .0D .00 900591 CORPORATE EXPRESS, INC. 1 8.75 8.75 .00 .00 Grand Totals: 110 146,482.04 146,482.04 .00 .00* • Date: 11/29/2008 Time: 10:28:49 Operator: JAL Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 7599 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name 7609 # of copies: 1 Description MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ELECTIONS ELECTIONS SENIORS SENIORS FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS CENTRAL PENSION FUND MINNESOTA STATE RETI INTL UNION OF OPER E MN CHILD SUPPORT PAY MN NCPERS LIFE INSUR ASPEN EXTERIORS, INC CLAYPOOL, MIKE ASHCO BUILDERS /EXTER YANGS GROUP CONTRACT PAYROLL WITHHOLDING PAYROLL WITHHOLDING PAYROLL WITHHOLDING PAYROLL WITHH /BRIAN C HR PAYROLL WITHHOLDING REIMBURSE PERMIT /6491 BI REIMBURSE PREMIT /351 OAK REIMBURSE PERMIT /6510 HO REIMBURSE PERMIT -6518 WA Total for Department TARGET H CANDY KENNEDY AND GRAVEN, CHARTER REVIEW SEVERSON, SHELDON, D INVESTIGATION /OPEN MEETI Total for Department 401 CHOICE POINT SERVICES NEXTEL COMMUNICATION BCA /CRIMINAL JUSTICE PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, MINNESOTA SHREDDING ALCOHOL TEST MONTHLY SERVICE BACKGROUND CHECK /KIM F ADVERTISING /259969 ADVERTISING /259970 ADVERTISING /259971 DESTROY CONFIDENTIAL MAT Total for Department 402 C. P. OFFICE PRODUCT OFFICE SUPPLIES /27565 PETTY CASH ELECT STARTERS Total for Department 403 TDS METROCOM MN MONTHLY SERVICE NEXTEL COMMUNICATION MONTHLY SERVICE Total for Department 406 MATT PARROTT AND SON A P AND PAYROLL CHECKS HANF ACTUARIAL, INC. PROFESSIONAL SERVICES /GA Total for Department 407 KENNEDY AND GRAVEN, KENNEDY AND GRAVEN, KENNEDY AND GRAVEN, FINANCIAL MATTERS FRANCHISE MATTERS NOL -TEC TIF Amount 2,611.20 922.71 518.50 681.40 416.00 80.00 95.00 80.00 80.00 5,484.81* 8.27 6,353.23 2,000.00 8,361.50* 30.00 17.08 15.00 31.59 17.21 17.21 18.60 146.69* 18.41 4.04 22.45* 35.53 17.08 52.61* 973.08 4,000.00 4,973.08* 584.00 143.50 19.50 • • • Date: 11/29/2008 Time: 10:28:49 Operator: JAL • Department Page: City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING & ZONING ENGINEERING COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE illiiICE ICE ICE ruLI CE POLICE POLICE POLICE POLICE POLICE POLICE Total for Department 414 SHORT- ELLIOTT- HENDRI GIS /210622 Total for Department 416 T.K.D.A. 'DB ENGINEERING SERVICES Total for Department 417 NEXTEL COMMUNICATION MONTHLY SERVICE Total for Department 418 PREMIUM WATERS, INC. MCCARTHY, KELLY ANN AID ELECTRIC SERVICE ST. JOSEPH'S CHURL$ ANOKA COUNTY FINANCE CENTRAL COMMUNICATIO CENTRAL COMMUNICATIO TDS METROCOM MN TARGET ASPEN MILLS, INC. ASPEN MILLS, INC. ASPEN MILLS, INC. BROADWAY AWARDS, INC OTTER LAKE ANIMAL CA PECCHIA, DAVID CHIEF DECISION RESOURCES, MINNESOTA SHREDDING WEGENER, WAYNE, JR, STREICHER'S, INC. STREICHER'S, INC. STREICBER'S, INC. STREICHER'S, INC. UNIFORMS UNLIMITED, RIVARD TAILORING KANDI 5 GAL FBI ACADEMY REIMS, KELLY TROUBLESHOOT SIREN VOLUNTEER APPRECIATION 3RD QTR SHARED COST OCTOBER INTERNET ACCESS RADIO EQUIPMENT CHARGES MONTHLY SERVICE COOKIES /JUICE /GIFT CARDS UNIFORM SUPPLIES /85006 UNIFORM SUPPLIES /85346 UNIFORM SUPPLIES /85392 BRASS PLATES /20 ANIMAL CONTROL REIMBURSE FLIGHT /TAXI /CO TELEPHONE SUSRVEY DESTROY TUITION UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM CONFIDENTIAL MAT REIMBURSEMENT -W. SUPPLIES /4289 SUPPLIES /5992 SUPPLIES /6311 SUPPLIES /6338 SUPPLIES CERT SHIRT EMBLEMS /17 CORPORATE EXPRESS, I FURNITURE Total for Department 420 BUILDING INSPECTIONS NEXTEL COMMUNICATION MONTHLY SERVICE REIMBURSE CLOTHING ALLOW '08 ENGINEERING SERVICES BUILDING INSPECTIONS MOONEN, PATRICK BUILDING INSPECTIONS T.K.D.A. Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS • TDS METROCOM MN BLACKBIRD, JIM BRAUN INTERTEC, INC. JOHNSON, RICK /DEER & CENTRAL LANDSCAPING, EARL ANDERSON ASSOCI NEXTEL COMMUNICATION MONTHLY SERVICE REIMBURSE CLOTHING ALLOW SALT STOCKPILE /OCTOBER BEAVER REMOVAL GRAVEL /MISC- EROSION BLAN STREET SIGNS MONTHLY SERVICE 747.00* 1,225.25 1,225.25* 18,642.61 18,642.61* 17.08 17.08* 21.06 132.40 88.80 75.00 227.83 777.76 119.44 668.36 106.64 39.38 49.50 572.15 30.35 761.25 2,159.99 5,000.0D 48.6D 1,474.40 234.28 62.82 66.01 74.95 103.21 63.52 - 147.44 12,810.26* 158.05 331.38 896.62 1,386.05* 38.41 141.96 123.50 185.80 356.78 202.08 34.16 Date: 11/29/2008 Time 10:28:50 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS XCEL ENERGY MONTHLY SERVICE RIVARD ELECTRIC COMP STREET LIGHT REPAIR T.A. SCHIFSKY AND SO ASPHALT T.K.D.A. '08 SURFACE WATER /OCTOBE WRIGHT /HENNEPIN CO -O MAINTENANCE CONTRACT Total for Department 430 SCHARBER & SONS, INC MACQUEEN EQUIPMENT, WHITE BEAR LOCKSMITH A -1 HYDRAULIC SALES/ A -1 HYDRAULIC SALES/ BAUER BUILT, INC. BOYER TRUCKS, INC. POWER PLAN GILLUND ENTERPRISES, FLEXIBLE PIPE TOOL C G & K SERVICES, INC. FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS HSBC BUSINESS TOUSLEY FORD, TOUSLEY FORD, SOLUTI INC. INC. FREIGHT CONV DRIVE SPROCKET KEYS CYLINDER FOR REPACK HOSE ASSEMBLIES DUELER AT RHS CHECK AIR LEAK RDO EQUIPMENT /PIN FASTEN CHEMICALS INTAKE FILTER SHOP TOWELS BATTERY /ROTOR /PAD / THERMO BATTERY /ROTOR /PAD / THERMO BATTERY /ROTOR /PAD /THERMO BATTERY /ROTOR /PAD /THERMO BA1'TNNY /ROTOR /PAD / THERMO NORTHERN TOOL /PARTS JEWELS PROCESSOR R & R RESTORATION AN REPAIR SEAT PADDING Total for Department 431 J. H. LARSON COMPANY ANCHOR PAPER COMPANY TDS METROCOM MN C. P. OFFICE PRODUCT C. P. C. P. C. P. C. P. C. OFFICE PRODUCT OFFICE PRODUCT OFFICE PRODUCT OFFICE PRODUCT P. OFFICE PRODUCT CENTENNIAL UTILITIES DALCO, INC. HUGO HEATING AND HUGO HEATING AND IMAGE PRINTING & XCEL ENERGY PETTY CASH PETTY CASH PITNEY BOWES, INC. CORPORATE EXPRESS, COO COO GRA BULBS FOR STORAGE BUILDI PAPER MONTHLY SERVICE OFFICE OFFICE OFFICE OFFICE OFFICE SUPPLIES /27565 SUPPLIES /27646 SUPPLIES /27672 SUPPLIES /27685 SUPPLIES /27695 OFFICE SUPPLIES /27713 MONTHLY SERVICE JANITORIAL SUPPLIES CLEAN /OIL P W FURNACE HEATING WORK ENVELOPES MONTHLY SERVICE BAKING SODA AND CLEANING SAFETY COMMIT ire, TRAININ POSTAGE MACHINE RENTAL I FURNITURE Total for Department 432 4,997.53 580.00 70.02 4,053.47 810.00 11,593.71* 7.50 50.92 26.83 431.99 79.62 509.33 514.02 133.42 107.45 222.65 26.04 342.3D 5.55 217.84 10.63 419.45 19.70 9.55 339.10 185.00 3,658.89* 60.57 786.13 116.18 217.58 46.27 9.05 243.12 35.21 53.98 2,975.28 132.05 375.00 2,025.00 329.82 4,818.74 7.76 26.76 159.75 156.19 12,574.44* • • Date: 11/29/2008 Time: 10:28:50 Operator: JAL • Department Page: 4 City of Lino Lakes FM Entry.- Invoice Payment - Department Report Vendor Name Description Amount PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL FORESTRY • _IAL EVENTS /TRIPS TARGET COOKIES /JUICE /GIFT CARDS Jre:CIAL EVENTS /TRIPS PETTY CASH CRAFT SUPPLIES SPECIAL EVENTS /TRIPS VENUS CREATIONS, INC A FRAME SIGNACDE Total for Department 205 A & L SUPERIOR SOD C SOD CENTENNIAL UTILITIES MONTHLY SERVICE NEXTEL COMMUNICATION MONTHLY SERVICE HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW LICHTSCHEIDL, DAVE MENARDS, INC. NATURE CALLS, INC.. XCEL ENERGY T.K.D.A. Total for REIMBURSE CLOTHING ALLOW MAINTENANCE SUPPLIES PORTABLE RESTROOM RENTAL MONTHLY SERVICE LINO PARR GRADING * TRAI Department 450 ACTIVE NETWORK, INC. MONTHLY SERVICE 8 -01 - 1 NEXTEL COMMUNICATION MONTHLY SERVICE Total for Department 451 GOPHER SIGN COMPANY SIGNS NEXTEL COMMUNICATION MONTHLY SERVICE PETTY CASH HAY Total for Department 461 ISERMAN, KATHERINE OAK WILT REIMBURSEMENTS/ Total for Department 463 Total for Fund 101 SCHEERER, CAROLYN REIMBURSE PROGRAM, NOT A Total for Department YOUTH SPORTS LORENZ CORPORATION, AWARDS Total for Department 208 Total for Fund 201 OTHER WALDOCH FARM, INC. COVER HAY Total for Department 499 Total for Fund 401 OTHER OTHER T.K.D.A. T.K.D.A. '08 ENGINEERING SERVICES COMP PLAN /OCTOBER Total for Department 499 Total for Fund 406 OTHER T.K.D.A. 'DB OVERPAY - OCTOBER • 447.94 44.84 265.65 11.44 43.13 519.80 323.25 88.21 147.16 1,891.42* 306.50 17.08 323.58* 491.93 34.59 9.0D 535.52* 500.00 500.00* 84,946.95* 20.00 20.00* 252.04 24.51 304.68 581.23* 230.00 230.00* 831.23* 36.00 36.00* 36.00* 644.07 5,843.10 6,487.17* 6,487.17* 79.58 Date: 11/29/2008 Time: 10:28:50 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description OTHER OTHER OTHER WATER WA'PSR WATER WRIER WATER WAi'r:R WA'i'SR WATER WATER WATER WAI LR SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER T.R.D.A. '08 SEALCOAT- OCTOBER Total for Department 499 Total for Fund 421 CRITICAL CONNECTIONS COMP PLAN /OCT '07 Total for Department 499 Total for Fund 422 Amount 100.64 180.22* 180.22* SEPT 8,782.50 8,782.50* 8,782.50* 832.76 832.76* 832.76* -7.21 -7.21* SHORT - ELLIOTT- HENDRI LEGACY AT WOOD'S EDGE /21 Total for Department 499 Total for Fund 471 LONG, MATTHEW AND JE BLDG ESC RETURN, 997 KEL Total for Department TDS METROCOM MN MINNESOTA DEPT OF PU BUDIG, TIM AGGREGATE INDUSTRIES CIRCLE PINES POST OF NEXTEL COMMUNICATION IMAGE PRINTING & GRA PETTY CASH T.K.D.A. HD SUPPLY WATERWORKS SHELLY, JAMES Total for Department MONTHLY SERVICE RIGHT TO KNOW AND FEMA REIMBURSE CLOTHING ALLOW GRAVEL POSTAGE FOR RATE CHANGE MONTHLY SERVICE WATER UTILITY FLYER POSTAGE '08 ENGINEERING SERVICES STRAINER /CHAMBER /GASKET REIMBURSE CLOTHING ALLOW Total for Fund 601 AID ELECTRIC SERVICE SYCOM, INC. TWIN CITY FAB, INC. STANLEY SECURITY SOL AGGREGATE INDUSTRIES CENTENNIAL UTILITIES NEXTEL COMMUNICATION CEJTERPOINT /MINNEGAS XCEL ENERGY Total for 494 GENERATOR INSTALL 2 CONTROL PANEL /SOCKET /TRA ANTENNA /BRACKETS KEYS /PADLOCK GRAVEL MONTHLY SERVICE MONTHLY SERVICE MONTHLY SERVICE MONTHLY SERVICE Department 495 Total for Fund 602 BLUE TOW SERVICE, IN '03 FORD RANGER BLUE TOW SERVICE, IN '03 GMC BLUE TOW SERVICE, IN TOW /'90 CADILLAC ANOKA COUNTY LICENSE LICENSE TABS 106.59 400.00 89.89 726.99 1,639.83 60.9D 501.91 8.16 644.07 538.28 380.00 5,096.62* 5,089.41* 2,000.00 19,896.33 125.02 285.52 726.98 650.26 51.04 12.29 973.96 24,721.40* 24,721.40* 135.80 178.40 135.80 22.00 • Date: 11/29/2008 Time: 10:28:50 • Department Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. LONG, MATTHEW AND JE BLDG ESC RETURN, '08 GEN DEVELOPER / OCTOBE '08 GEN DEVELOPER / OCTOBE '08 GEN DEVELOPER /OCTOBE AD GRAPHICE /OCTOBER GRANDVIEW /OCTOBER MOLIN CONCRETE /OCTOBER PINE GLEN 2 /OCTOBER 997 Total for Department Total for Fund 801 Grand Total • 2,034.88 1,042.79 1,085.30 1,678.69 1,420.36 138.88 1,251.50 IG L 5,450.00 14,574.40* 14,574.40* 146,482.04* illCENTENNIAL FIRE DISTRICT • • Check Register FIRE GL GL Posting Period(s): 12/08 -12/08 Check Issue Date(s): 12/01/2008 - 12/01/2008 Page: 1 Dec 01, 2008 12:10pm Per Date Check No Vendor No Payee Invoice Description Inv Amount 12/08 12/01/08 3507 11565 ASPEN MILLS UNIFORM 40.89 UNIFORM 115.91 UNIFORM 35.76 Total 3507 192.56 12/08 12/01/08 3508 30480 CENTENNIAL UTILITIES STATION 1 OCT 249.06 UTILITIES 12/08 12/01/08 3509 50120 EMERGENCY APPARATUS MAINT, It ENGINE 11 PUMP TEST 265.00 ENGINE 21 PUMP TEST 265.00 ENGINE 31 PUMP TEST 265.00 TANKER 21 PUMP TEST 265.00 TANKER 31 PUMP TEST 265.00 Total 3509 1,325.00 12/08 12/01/06 3510 70480 GOLD STAR AUTO BODY &FRAME It '99 FORD REPAIR HAIL 1,044.09 DAMAGE 12/08 12/01/08 3511 120172 J H LARSON COMPANY BLDG SUPPLIES -BULBS 87.77 BLDG SUPPLIES -BULBS 36.10 Total 3511 123.87 12/08 12/01/08 3512 130440 METRO FIRE, INC 4 SOLARIS GAS 2,725.38 DETECTORS 12/08 12/01/08 3513 170180 QWEST PHONE EXPENSE 55.33 12/08 12/01/08 3514 23D400 MICHAEL WEBER EMT REFRESHER 306.54 COURSE/MILEAGE Totals: 6,021.83 M = Manual Check, V = Void Check • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES CITY COUNCIL WORK SESSION MINUTES : November 24, 2008 . 5:30 p.m. . 6:15 p.m. : Councilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; City Engineer, Jim Studenski; Director of Public Services, Rick DeGardner, Director of Public Safety, Dave Pecchia; Director of Community Development, Michael Grochala; Finance Director, Al Rolek; City Planner, Paul Bengtson; City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS The following items were discussed. Consent Agenda — The contract for animal control services (with Otter Lake Animal Care Center) is being presented for renewal with no changes. The city's Joint Powers Agreement with Anoka County Joint Law Enforcement Council is being presented by the Police Chief for renewal; the new agreement includes appropriate updates and improvements to reflect evolving law enforcement needs. Item 2A — 1d Reading of Ordinance No. 16-08 adjusting water utility rates — Finance Director Rolek and Public Services Director DeGardner will review the recommendations in the council meeting. This will be up for a public hearing. The council received one written comment (email) from resident John Long in support of the rate adjustments. It will be received into the record at the council meeting. Item 6A — Resolution approving a variance from the Ordinary High Water Level to allow for reconstruction of an accessory structure at 1801 77th St - Planner Bengtson explained that a variance has been requested by Mr. Ron Marier to allow for reconstruction at his property; staff determined that the reconfiguration called for in the reconstruction would not meet shoreland set back requirements. The staff recommendation for denial was forwarded to the Planning and Zoning Board and the board voted to approve the variance. The resolution presented to the council represents staff's recommendation for denial; Mr. Bengtson suggested that if the council wishes to approve the variance, findings of fact in that regard will be necessary as well as a different resolution. The council discussed how such findings would be established if, in fact, the council were to approve the variance. —16— CITY COUNCIL WORK SESSION NOVEMBER 24, 2008 DRAFT 46 Item 7A — Selection of attorney for audit of Charter Commission — The council 47 received in their packet a list of attorneys that could assist with an audit. 48 49 The council concurred in the selection of Attorney Michael Dougherty. A formal action 50 will be considered at the council meeting. 51 52 The meeting was adjoumed at 6:15 p.m. 53 54 These minutes were considered, corrected and approved at the regular Council meeting held on 55 December 8, 2008. 56 57 58 Julianne Bartell, City Clerk John Bergeson, Mayor 59 2 _17_ • • DRAPE •1 CITY OF LINO LAKES 2 NIINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : November 24, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:20 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; Director of Public 13 Safety, Dave Pecchia; Director of Public Services, Rick DeGardner, Community Development 14 Director, Mike Grochala; Finance Director, Al Rolek; City Engineer, Jim Studenski; City 15 Planner, Paul Bengtson; City Attorney, Scott Baumgartner, City Clerk, Julie Bartell, 16 • • 17 PUBLIC COMMENT 18 There was no public comment. 19 PLEDGE OF ALLEGIANCE 20 SETTING THE AGENDA 21 The agenda was approved as presented. 22 CONSENT AGENDA 23 Council Member Gallup moved to approve the Consent Agenda. Council Member Stoltz 24 seconded the motion. Motion carried unanimously. 25 26 ITEM ACTION 27 28 1A. Approval of Expenditures: 29 November 24, 2008 (Check No. 84452 through 84537, $269,688.30; Approved 30 Centennial Fire District (Check No. 3488 through 3506, $32,939.13 Approved 31 32 1B. Approval of November 3, 2008 Council Work Session Minutes Approved 33 34 1C. Approval of November 10, 2008 City Council Meeting Minutes Approved 35 36 1D. Approval of October 27, 2008 Comp Plan Review Work Session 37 Minutes Approved 38 39 1E. Approval of Resolution No. 08 -140, Approving the Extension of Final 40 Plat for Main Street Village Approved 41 42 1F. Approval of Resolution No. 08 -132, Accepting a Drainage and Utility 43 Easement at 1414 Sherman Lake Road Approved 44 COUNCIL MINUTES November 24, 2008 DRAFT 45 1 G. Renew Joint Powers Agreement with Anoka County Joint Law 46 Enforcement Council Approved 47 48 1H. Renew contract with Otter Lake Animal Care Center Approved 49 50 1L Approval of November 10, 2008 Canvassing Board Minutes Approved 51 52 1J. Approval of 2009 City Council Meeting Schedule Approved 53 54 FINANCE DEPARTMENT REPORT, AL ROLEK 55 2A. Public Hearing and 14 Reading of Ordinance No. 16-08, adjusting the Water Utility 56 Rate schedule — Finance Director Rolek reported that staff is requesting that the council take 57 action to adjust the city's current Water Utility Rate Schedule. The schedule has not been 58 adjusted since 2001. The adjustment recommendation is based on information that the city and 59 council received through a recent utility rate study done by Springsted, Inc. as well as the Water 60 Management and Conservation Plan completed by the city's engineers. This item is scheduled 61 for a public hearing this evening and a notification was sent to utility users also. Mr. Rolek 62 noted that the rate changes will have a low impact on normal use but for those who use a lot of 63 water, there will be more impact. 64 65 Public Services Director DeGardner added that families that consume less than 40,000 gallons 66 per quarter (98.7% of residents during the winter months) will experience an increase of less than 67 3 %. The proposed tiered water rates are structured to promote water conservation through 68 discouraging high seasonal water usage without penalizing normal domestic water usage. The 69 rate schedule is a part the city's efforts to decrease annual average residential water usage as 70 required by the Department of Natural Resources. 71 72 A council member requested that staff monitor the results of this change in 2009. 73 74 Mayor Bergeson opened the public hearing. 75 76 There was no one present wishing to speak on the matter. 77 78 For the record, an electronic message had been received from Mr. John Long, 2220 Flora Court, 79 in support of the rate schedule adjustment. 80 81 Council Member O'Donnell moved to close the public hearing at 6:45 p.m. Council Member 82 Gallup seconded the motion. Motion carried unanimously. 83 84 Council Member Gallup moved to waive full reading of the ordinance. Council Member Stoltz 85 seconded the motion. Motion carried unanimously. 86 87 Council Member O'Donnell moved to approve the 1s1 reading of Ordinance No. 16 -08 as 88 presented. Council Member Stoltz seconded the motion. -2- • • • • • COUNCIL MINUTES November 24, 2008 DRAFT 89 90 There was some discussion of the use of a tiered rate structure and an opinion voiced that such a 91 structure doesn't work and the council should look at other means of encouraging water 92 conservation. 93 94 A roll call vote was taken. Motion carried as follows: Yeas, 4; Nays, 1 (Reinert). 95 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 96 3A. Public Hearing and 2°d Reading of Ordinance No. 13 -08, establishing the 2009 City 97 Fee Schedule — City Clerk Bartell reported that for efficiency and clarity, city fees are 98 consolidated into one schedule that is adopted annually. The 2009 proposed fee schedule 99 is before the council and it includes the following recommended changes: 100 101 A lawn sprinkling violation fee related to the city's new time of day watering 102 restrictions; 103 A fee associated with the city's cost of issuing a driveway replacement permit; 104 - Right -of -Way management fees; 105 - A certification fee for assessment of unpaid utility charges; 106 An increase in park dedication fees; and 107 Trunk utility and surface water management fee increases 108 109 Mayor Bergeson opened the public hearing. 110 111 There was no one present wishing to speak on the matter. 112 113 Council Member Stoltz moved to close the public hearing at 6:50 p.m. Council Member 114 O'Donnell seconded the motion. Motion carried unanimously. 115 116 Council Member Reinert moved to waive full reading of the ordinance. Counucil Member Gallup 117 seconded the motion. Motion carried unanimously. 118 119 Council Member Stoltz moved to approve the 2na reading of Ordinance No. 13 -08 as presented. 120 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 121 follows: Yeas, 5; Nays none. 122 123 i. Approval of Resolution No. 08 -141, approving summary publication of 124 Ordinance No. 13-08 125 126 Council Member Gallup moved to approve Resolution No. 08 -141 as presented. Council 127 Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 128 129 3B. Accept resignation (retirement) of Police Officer Timothy Ross effective January 31, 130 2009 — Administrator Heitke announced that, after serving his home town for more than 30 -3- COUNCIL MINUTES November 24, 2008 DRAFT 131 years, Officer Timothy Ross of the Lino Lakes Police Department will be retiring effective 132 January 31, 2009. 133 134 The council concurred that Officer Ross should receive special recognition from the city upon 135 his retirement. They offered thanks on behalf of the city for Mr. Ross' services. 136 137 Council Member Reinert moved to accept the resignation (retirement) of Police Timothy Ross as 138 presented. Council Member Gallup seconded the motion. Motion carried unanimously on a 139 voice vote. 140 141 3C. First Reading of Ordinance No. 15-08, revising the City's existing regulations on 142 background checks - Administrator Heitke reported that in September of 2008 the council 143 approved new city code language that will allow the Police Department to do criminal 144 background checks for employment and licensing purposes. The Bureau of Criminal 145 Apprehension (BCA) has now recommended some minor amendments to those regulations. The 146 ordinance before the council would put those amendments into place. 147 148 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member 149 Reinert seconded the motion. Motion carried unanimously. 150 151 Council Member Stoltz moved to approve the 1st Reading of Ordinance No. 15 -08 as presented. 152 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 153 follows: Yeas, 5; Nays none. 154 155 3D. Conditional offer of Employment to Kim Fread for the Accounts Payable/Payroll 156 Technician position — Administrator Heitke reported that, due to the retirement of Joyce Lund, 157 there is an open position in the city finance department. After the normal application and 158 interview process, staff is recommending that Kim Fread be hired to this position. 159 160 The council concurred that special thanks should be given to Joyce Lund for her years of service. 161 162 Council Member O'Donnell moved to approve the conditional offer of employment as presented. 163 Council Member Stoltz seconded the motion. Motion carried unanimously on a voice vote. 164 165 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 166 4A. Approval of Resolution No. 08 -138, accepting the donation of $1,000 from Target 167 for the domestic violence intervention program — Police Chief Pecchia reported that the Police 168 Department would like authorization to accept $1,000 donated by Target for use by the domestic 169 violence intervention program. 170 171 Council Member Reinert moved to approve Resolution No. 08 -138 as presented. Council 172 Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 173 174 4B. Approval of Resolution No. 08 -139, accepting a donation of $50 from Residential 175 Mortgage Group's "Refer a friend, Build your Community" program - Police Chief -4- -21- • • • COUNCIL MINUTES November 24, 2008 DRAFT • 176 Pecchia reported that the Police Department is requesting permission to accept $50 donated 177 through a residential mortgage program by a city resident. 178 179 Council Member Stoltz moved to approve Resolution No. 08 -139 as presented Council Member 180 Gallup seconded the motion. Motion carried unanimously on a voice vote. 181 182 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 183 There was no report from the Public Services Department. 184 185 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 186 6A. Approval of Resolution No. 08 -134, Approving a Variance from the Ordinary Hih 187 Water Level to allow for the reconstruction of an accessory structure located at 1801 77th 188 Street - - Planner Bengtson explained that a variance has been requested by Mr. Ron Marier, 189 1801 77th St E, to allow for reconstruction at his property; staff determined that the 190 reconfiguration called for in the reconstruction would not meet shoreland set back requirements. 491 The staff recommendation for denial was forwarded to the Planning and Zoning Board and the 192 board voted to approve the variance. The resolution presented to the council represents staff's 193 recommendation for denial; Mr. Bengtson suggested that if the council wishes to approve the 194 variance, findings of fact in that regard will be necessary as well as a different resolution 195 196 The council concurred that they will need more time to review this matter and to establish correct 197 findings if there is a decision to approve the variance. 198 199 Council Member Reinert moved that the matter be tabled. Council Member Gallup seconded the 200 motion. Motion carried unanimously on a voice vote. 201 202 Mr. Marier addressed the council. He explained that this variance request involves a project to 203 his property that commenced after he suffered tornado damage. This involves a five acre 204 property. His goal is to reconstruct the garage to a slightly larger size while also providing for 205 some access improvements to the home. The property has been in his family for generations and 206 these accessibility improvements will assist in his effort to stay in the property. He has great 207 respect for the area. 208 209 6B. Approval of Resolution No. 08 -133, Approving Final Plat for Marketplace 31d 210 Addition for a commercial subdivision lot line adjustment — Planner Bengtson reported that 211 Ryan Companies has requested approval of this final plat that will slightly adjust lot lines. Staff, 212 the Planning and Zoning Board and the city attorney have reviewed and concurred that the 213 request is appropriate. 214 215 Council Member O'Donnell moved to approve Resolution No. 08 -133 as presented. Council 216 Member Stoltz seconded the motion. Motion carried unanimiously.. 217 -5- 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 COUNCIL MINUTES November 24, 2008 DRAFT 6C. Approval of 1s` 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 — Planner Bengtson reported that the ordinance before the council would amend signage criteria for the Town Center area. The Country Inn and Suites has requested this amendment that would allow them to place additional signs (they are currently allowed less signs than in the rest of the city). The additional signage would be used to attract additional customers to the facility. Council Member Reinert moved to waive full reading of the ordinance Council Member Stoltz seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve the 1s` Reading of Ordinance No. 15 -08 as presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as follows: Yeas, 5; Nays none. 233 UNFINISHED BUSINESS 234 7A. Selection of attorney for audit of Charter Commission practices - Administrator Heitke 235 reported that the council has received a written request from the Citizens for Safer Roads group 236 that the city conduct an audit of the practices of the Lino Lakes Charter Commission. The council 237 authorized such an audit at the November 10, 2008 council meeting and directed the city attorney 238 to contact the League of Minnesota Cities for the purpose of identifying qualified attorneys to 239 conduct such an audit. City Attorney Baumgartner has submitted such a list. 240 241 Council Member Stoltz moved that Attorney Michael Dougherty be requested to perform the 242 audit. Council Member Gallup seconded the motion. Motion carried unanimously on a voice vote. 243 NEW BUSINESS 244 There was no new business. 245 ADJOURNMENT 246 Council Member Reinert moved to adjourn at 7:20 p.m. Council Member O'Donnell seconded 247 the motion. Motion carried unanimously. 248 249 250 251 252 253 254 255 256 257 258 259 Community Calendar — A Look Ahead November 25, 2008 through December 8, 2008 4 Thursday/Friday, Nov 27 -28 Thanksgiving Ai Monday, December 1 5:30 pm, Community Room 4 Monday, December 1 6:30 pm, Library 4 Thursday, December 4 7:00 am, Community Room 4 Monday, December 8 6:30 pm, Council Chambers City Hall Closed Council Work Session Park Board EDAC Council Meeting -6- -23- • • • COUNCIL MINUTES November 24, 2008 DRAFT • 260 These minutes were considered and approved at the regular City Council meeting on December 261 8, 2008. 262 263 264 265 266 267 Julianne Bartell, City Clerk John Bergeson, Mayor • -7- • • • Memorandum To: Mayor and Council Members From: Al Rolek Date: 12/4/08 Re: Agenda Items 1D — 1G Gordon informed me that there were questions at the work session on Monday evening concerning the transfer resolutions included on the consent agenda. We have typically included these items on the consent agenda each year as they are considered housekeeping matters that require Council action. Items 1D & lE are transfers to debt service funds from the Area and Unit fund. The debt used to fund these projects, which were undertaken in 1996 — 1998, was to be retired with special assessments levied on benefitting properties. City policy allows that special assessments will be deferred on. undeveloped parcels or on parcels not connecting to city services until such time as they connect or the property is developed. While some properties were assessed at the time the projects were undertaken, many of the assessments were deferred. The Area and Unit funds are dedicated to the repayment of the outstanding debt until such time as the assessments are actually levied on these properties. This action is to transfer the necessary funding to the proper debt service fund to retire the annual debt. Item 1F is establishing a temporary interfund loan to finance shortfalls in the debt service fund for the Legacy at Woods Edge improvements. You will recall that there are special assessments levied on this project to repay the debt service, however, delinquencies in the payment of the specials has created a shortfall in funding. Staff has explored may options in restructuring the outstanding debt, but in the existing economic environment the markets are not conducive to this course of action. Staff has recommended, and Council has concurred, the for the near term, interfund loans from the Sanitary Sewer fund be used to finance the shortfall. These loans will be repair upon the special assessment delinquencies being brought current or an alternative financing mechanism is put into place. As of this time a shortfall of $25,000 exists and, therefore, staff is recommending the establishment of the interfund loan. Item 1G is authorizing transfers to repay the interfund loan from the Dedicated Parks fund to the Area and Unit fund. This loan was originally established to purchase the land for the recreation facility. The repayment plan for this loan was authorized by the City Council through the adoption of Resolution 06 -212, and this is the second installment to be paid on the loan balance. I hope that this will aid in the understanding of the need for these actions on Monday evening. I will be glad to answer any follow up questions you may have regarding these items. • • • CONSENT AGENDA ITEM 1D • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: Al Rolek 12/8/08 Resolution No. 08 -135 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund Simple Majority BACKGROUND The 2003A Debt Service Fund was established to service the debt on several 2003 improvement projects and to refund the 1996A bond issue. The 1996A debt was to be retired using special assessments and resources of the Area and Unit Fund. Resolution No. 08-135 would transfer the necessary funds from the Area and Unit Fund for 2008 debt service needs. The amount of the transfer is $82,813.00. It is staffs recommendation that the City Council approve Resolution 08 -135 authorizing this transfer. OPTIONS 1. Adopt Resolution No. 08 -135. 2. Refer back to Staff for further consideration. 3. Deny Resolution No. 08 -135. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-135 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2003A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2003A Bond Debt Service Fund has a deficit balance, and WHEREAS, a portion of this issue refunded the original 1996A bond issue, and WHEREAS, the refunded portion of this bond issue was originally sold to finance 1996 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1996A bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Imp. & Refunding Bonds 2003A (324) $82,813.00 Area and Unit Fund (406) Decrease $82,813.00 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. Adopted by the City Council of Lino Lakes this 8th day of December 2008. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: CONSENT AGENDA ITEM 1 E Al Rolek 12/8/08 Resolution No. 08 -136 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund Simple Majority BACKGROUND The 1998A Debt Service Fund was established to service the debt on the 1997 and 1998 improvement projects. The 1998A issue was subsequently refunded by the 2005B issue. The original debt was to be retired using special assessments to benefited properties and resources of the Area and Unit Fund. The 2005B fund is currently in a deficit situation. - Resolution 08 -136 would transfer the necessary funds from the Area and Unit Fund to eliminate this deficit. The amount of the transfer is $460,098.00. It is staffs recommendation that the City Council approve Resolution 08 -136 authorizing this transfer. OPTIONS 1. Adopt Resolution No. 08 -136. 2. Refer back to Staff for further consideration. 3. Deny Resolution No. 08 -136. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-136 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2005B G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2005B Bond Debt Service Fund has a deficit balance; and, WHEREAS, a portion of this issue refunded the original 1998A bond issue, and WHEREAS, these bonds were originally sold to finance 1997 and 1998 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1998A Bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Imp. Bonds 2005B (328) $460,098 Area and Unit Fund (406) Decrease $460,098 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. Adopted by the City Council of Lino Lakes this 8th day of December 2008. John Bergeson, Mayor Julianne Bartell, City Clerk • • AGENDA ITEM 1F STAFF ORIGINATOR: Al Rolek MEETING DATE: 12/8/08 TOPIC: Consider Resolution No. 08 -137 Authorizing an Interfund Loan From the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund VOTE REQUIRED: Simple Majority BACKGROUND During discussions this year regarding the Legacy at Woods Edge development, staff informed the City Council of delinquencies in the collection of special assessments levied against the project. The special assessments finance the installation of public improvements in the development and their collection is needed to service the outstanding debt on those improvements. Up until the current time debt service has been managed through prepayments of special assessments on the developed parcels. However, a cash deficit now exists in the debt service fund of $23,931. After exploring financing altematives, and in light of existing economic conditions, staff has recommended that interfund loans from the Sanitary Sewer fund be authorized at necessary intervals to service the outstanding debt until the delinquent special assessments are collected or until altemative financing solutions are available, at which time the loans will be repaid. Resolution No. 08 -137 authorizes an interfund loan from the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund to temporarily service the outstanding debt and eliminate the existing cash deficit. Staff recommends the approval of this resolution. OPTIONS 1. Adopt Resolution No. 08 -137. 2. Refer back to Staff for further consideration. 3. Deny Resolution No. 08 -137. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -137 RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE SANITARY SEWER FUND TO THE 2005A G.O. IMPROVEMENT DEBT SERVICE FUND WHEREAS, the 2005A G.O. Improvement Debt Service Fund currently has a cash deficit due to delinquencies in the collection of special assessments, and WHEREAS, an interim source of financing is necessary to service the outstanding debt, and WHEREAS, it is staffs recommendation that an interim interfund loan be made from the Sanitary Sewer Fund until the delinquent special assessments are collected or an alternative financing source is established, at which time the interfund loan will be repaid. NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, that the following interfund loan be authorized and recorded effective December 31, 2008: Increase Decrease • • 2005A G.O. Imp Fund (327) $25,000 Sanitary Sewer Fund (602) $25,000 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: 1 The following voted against same: Whereupon said resolution was declared duly passed and adopted. Adopted by the City Council of Lino Lakes this 8th day of December, 2008. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • AGENDA ITEM 1G STAFF ORIGINATOR: AI Rolek MEETING DATE: 12/8/08 TOPIC: Consideration of Resolution No. 08 -142 Approving Transfers for Installment Payment on Interfund Loan for Recreation Complex Land VOTE REQUIRED: Simple Majority BACKGROUND Last December the City Council approved Resolution No. 06 -212 providing for the repayment of the interfund loan for the Recreation Complex land. The attached Resolution No. 08 -142 approves the transfers necessary to make the 2008 installment of the approved repayment program. Staff recommends approval of Resolution No. 08 -142. OPTIONS 1. Approve Resolution No. 08 -142. 2. Refer to Staff for further review. 3. Deny Resolution No. 08 -142. RECOMMENDATIONS Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -142 RESOLUTION APPROVING TRANSFERS FOR INSTALLMENT PAYMENT ON INTERFUND LOAN FOR RECREATION COMPLEX LAND WHEREAS, in 1999 the City purchased and for the purpose of creating a recreation complex, and; WHEREAS, a temporary interfund loan was made from the Area and Unit Fund (406) to the Dedicated Parks Fund (405) for the purchase of said land, and; WHEREAS, the City Council to approved Resolution No. 06 -212 providing for a plan to repay the interfund loan. NOW, THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council that the following transfers are approved to pay the 2008 installment on the Recreation Complex Interfund Loan: From To Amount General Fund Dedicated Parks Fund $50,000.00 Dedicated Parks Fund Area and Unit Fund $100,000.00 Adopted by the Lino Lakes City Council this 8th day of December, 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. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 1H Al Rolek December 8, 2008 Consideration of Resolution No. 08 -144 Amending Resolution 06 -213 Setting the General Timeline for the Adoption of the Five -Year Financial Plan Simple Majority It is the desire of the City Council to amend the timeline for the preparation, submission and annual adoption of the five -year financial plan as set in Resolution No. 06 -213 to language wherein the five -year plan shall be adopted by the City Council by the end of the first quarter each year. Resolution No. 08 -144 amends the adoption timeline. OPTIONS 1. Approve Resolution No. 08 -144. 2. Refer to Staff for further review. 3. Deny Resolution No. 08 -144. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -144 RESOLUTION AMENDING RESOLUTION NO. 06 -213 SETTING THE GENERAL TIMELINE FOR THE ADOPTION OF THE FIVE -YEAR FINANCIAL PLAN WHEREAS, the City Council adopted a timeline for the preparation, submission and annual adoption of the five -year financial plan with Resolution No. 06 -213, and WHEREAS, such resolution states that the plan shall be adopted by the end of December, and WHEREAS, information necessary to complete and adopt the plan within this timeframe is often unavailable until after the first of the ensuing year, and WHEREAS, the City Council wishes to have all necessary information available prior to adopting the annual update of the five -year financial plan. NOW, THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council that the timeline for adopting the five -year financial plan is hereby amended as follows: 1) The five -year plan shall be adopted by the City Council following a public hearing, along with any revisions arising therefrom, by the end of the first quarter each year. Adopted by the Lino Lakes City Council this 8th day of December 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. John Bergeson, Mayor Julianne Bartell, City Clerk • • • • • • AGENDA ITEM 2A STAFF ORIGINATOR: AI Rolek MEETING DATE: December 8, 2008 TOPIC: Consider 2 "d Reading of Ordinance No. 16 -08 Setting Water Utility Rates & Amending 2009 Fee Schedule VOTE REQUIRED: Simple Majority BACKGROUND At the November 24, 2008 City Council meeting a public hearing was held to receive public comment on the proposed adjustment in water utility rates. Following the public hearing the City Council approved the 1st reading of Ordinance No. 16 -08. A 2nd reading of the ordinance is scheduled on the agenda for this evening. Water consumption during the winter months is a good indication of domestic water usage. As reported at the public hearing, 98.7% of residents connected to the city water system use less than 40,000 gallons per quarter during the winter months. The proposed rates would have a minimal impact on these users. Consumption in the summer months can average four times, and as high as seven times, the winter average primarily due to discretionary usage, i.e. lawn irrigation. 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 requir uti by lire DNR) while helping to control system operating and capital costs. With this in mind, staff is recommending that the City Council approve the 2nd reading of Ordinance 16 -08. If approved, upon publication of the ordinance, the adopted rates will be implemented in January, 2009. OPTIONS 1. Approve the 2 "d Reading of Ordinance 16 -08. 2. Refer to Staff for further review. RECOMMENDATION Option 1 1`` 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 THE 2009 FEE SCHEDULE; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS RATE 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, 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 -34- John J. Bergeson, Mayor 41) • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 3A(i) and (ii) Daniel Tesch, Director of Administration 8 December 2008 i. Second Reading: Ordinance 15-08, Updating the City's background check regulations ii. Resolution No. 08 -143, Approving Summary of Ordinance No 15 -08 for Publication 3/5 (Summary resolution requires a 4/5 vote) 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. The council approved the 1st reading of Ordinance No. 15 -08 on November 24, 2008. RECOMMENDATION Staff is recommending approval of Second Reading and Passage of Ordinance No. 15-08, amending Chapter 207.08 of the Lino Lakes City Code regarding background checks; and Approval of Resolution No. 08 -143, Approving Summary of Ordinance for Publication ATTACHMENTS Ordinance 15-08 1st Reading: 11/14/2008 2ntl Reading: Publication: 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 • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -143 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 15-08 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 15 -08, amending the City Code, Section 207.08, to include updated language required by the Minnesota Bureau of Criminal Apprehension relative to background checks; and WHEREAS, Ordinance No. 15-08 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 8th day of December 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A. RESOLUTION 08 -143 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 15 -08 AN ORDINANCE amending the City Code, Section 207.08, relating to background checks The purpose of amending Section 207.08 is to update the city's regulations relating to the procedure for criminal background checks for city employment and city licenses to conform to the requirements of the Bureau of Criminal Apprehension (BCA). The section is amended to change the word "authorized" to "required" as it relates to the Lino Lakes Police Department's authority to do background checks. The ordinance also adds language that allows the city's hiring authority to conclude that a background investigation may not be needed in some cases. Passed by the Lino Lakes City Council on December 8, 2008. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police MEETING DATE: December 8, 2008 TOPIC: Consideration of Resolution No. 08 -149 accepting $4,000 donation from Turtleman Triathlon VOTES REQUIRED: 3/5, Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution No. 08 -149 and publicly accept a $4,000 donation and thank the Turtleman Triathlon for their generous donation to the City of Lino Lakes. OPTIONS 1. Adopt Resolution No. 08 -149 accepting the donation. 2. Return Resolution No. 08 -149 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 -149 RESOLUTION ACCEPTING THE DONATION FROM TURTLEMAN TRIATHLON FOR EQUIPMENT FOR THE POLICE RESERVE PROGRAM WHEREAS, the Turtleman Triathlon sponsors a bike race that utilizes the roadways within the City of Lino Lakes; and WHEREAS, the Turtleman Triathlon conducts a fun and safe race for the athletes while being able to give back to the community; and WHEREAS, the Lino Lakes Reserve Officer Unit provides traffic control during the event; and WHEREAS, the Turtleman Triathlon has donated $4,000 to the city in appreciation and thanks to the dedicated Reserve Officers who volunteer their services to assist with this event; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Police Revenue $4,000.00 (101- 420 - 4214 -000 Crime Prevention) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $4,000 and wishes to express its gratitude to Turtleman Triathlon for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of December, 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 4B STAFF ORIGINATOR: David J. Pecchia, Public Safety Director MEETING DATE: December 8, 2008 TOPIC: 1st Reading of Ordinance No. 17 -08, Amending Chapter 503 of the Lino Lakes City Code by changing the definition of a private kennel VOTE REQUIRED: 3/5 BACKGROUND On November 3, 2008, the city council received a request from a Lino Lakes resident to amend the Lino Lakes Animal Ordinance. The current ordinance states that any resident who owns 3 dogs on one acre of land must obtain a private kennel license. Any resident with a lot Tess than one acre can only own two dogs. The request was to add a provision to allow foster dogs in addition to the 2 dog limit on a less than 1 acre parcel of land to the current animal ordinance. The council has considered options to address this situation, including: no change to the regulations, a special allowance for fostering, changing the number of dogs allowed, or changing the acreage requirement. The council also reviewed kennel licensing requirements for surrounding cities. At the December 1, 2008 work session, the council directed staff to prepare an amendment to the city code that would increase the number of dogs allowed (without a private kennel license) from two to three. RECOMMENDATION First reading of Ordinance No. 17 -08, amending Chapter 503 related to Animal Control, by changing the definition of a private kennel. • 15` Reading: Published: 2nd Reading: Effective: To County Recorder: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 17 -08 AMENDING PORTIONS OF CITY CODE CHAPTERS 503, RELATED TO ANIMAL CONTROL REGULATIONS, TO CHANGE THE DEFINTION OF A PRIVATE KENNEL. The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances Chapter 503 be amended to read as follows: CHAPTER 503. ANIMAL CONTROL REGULATIONS 503.01 DEFINITIONS. • KENNEL, PRIVATE. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. • 503.09 LICENSE AND VACCINATION REQUIREMENTS: 2. Limitations. No more than twe three (3) dogs over six (6) months of age shall be kept on a property except as provided for in Section 503.10. 503.10 KENNEL LICENSES: COMMERCIAL AND PRIVATE. 1. General. Any person who owns, keeps, or allows the keeping of more than two three (3) dogs over six months of age on any parcel of land must first acquire a kennel license from the city. A person who owns or operates a commercial kennel or a private kennel must renew the license annually and comply with applicable requirements herein. Section 2. Effective Date. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with Section 3.09 of the City Charter. Page 1 of 2 John Bergeson, Mayor • • • Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of December, 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. Page 2 of 2 • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: December 8, 2008 TOPIC: Second 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. At the November 24, 2008 meeting the City Council voted to approve the First Reading of Ordinance No. 14 -08, and staff has brought forward the ordinance for a Second Reading. 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 ORDINANCE 04-04 AND AMENDED BY ORDINANCE 02 -06. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. 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 toe 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 8th day of December, 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. —43— • • • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: December 8, 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 eastern 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 certificate 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: City staff recommended denial of this request because the findings of fact required by the zoning ordinance did not support the request. The City Council, at the December 1, 2008 work session, discussed the request and offered up some alternative findings in support of the variance. Those findings were inserted into Resolution No. 08 -134, along with the conditions of approval staff previously recommended. 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. ATTACHMENTS 1. Resolution No. 08 -134 2. Marier Application Letter submitted September 12, 2008 3. Marier Application Letter submitted October 13, 2008. 4. 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 APPROVING 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 at 1801 77th Street which is legally described as: Lot 5 Auditor's Subdivision Number 55 Revised, Anoka County, Minnesota ; 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 City Council finds that the proposed variance is being requested in order to satisfy the requirement of the Zoning Ordinance that all Rural properties developed with a single family home include a double garage, and attachment of a garage is both a reasonable objective and would keep with the character of the neighborhood since all dwellings within a thousand feet of the subject dwelling include an attached garage. WHEREAS, the City Council finds that the property is unique in the fact that the home was built well over a century prior to the adoption of Ordinary High Water Level setbacks. WHEREAS, the City Council finds that the essential character of the surrounding area will not be altered by this variance as it does not decrease but rather maintains the existing structure's setback from the Ordinary High Water Line, the setback is still roughly 80% of what is required, the setback remains consistent with the surrounding homes. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance subject to the following conditions: 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 total of 4,200 square feet in area. 2. This variance is for the attached accessory structure only, and does not include any approval of a porch over the attached deck. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of December, 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 area. 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 4 &S 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 —75— RECEIVED SEP 1 2 2008 CITY OF LINO LAKES Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 550141182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East - Marier Property Requested information: 1. Anoka County prop' tax statement 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. no closer to the lvghwatea mark than 3. 2008 survey and sketch showing new garage the old garage. Please consider a variance for proposed garage addition- `�L� yew /1/o,P /��. /B�u�� r 1.%l ��n�= Ca.CK_ 4- iTstrISI 01^2 oY -P-r'z . RECEIVED OCT 1 f 2DO8 CrfY OF LINO LAKES —76— • • PELTIER LAKE SHORELINE (384.73) & I OHW UNE(884.7) KONA 29 OF PELTS LAKE, AS LOCATED, 9-11-03 v--- , &.• — i lIjJ •isammassossFewirsassansat .HULT.& HEBEISEN, P.A. PO Box 37 F o r e s t L, lei E5025 F4= fon 454410 \ Is pit) 4544512. lidtdaffnumem 111.111,••• + SigiMeg + 111.11Nd Illpsel•ftes Client RON MARIER Project 1801 EAST 77TH ST:, HUGO, MN - Location 11-31-22, ANOKA COUNTY ,MN • Certification Summary Apirimrethgu mainrum Revision History Ns. nab wf =MN MI 1161SLOMITI■\ Sheet Title SKETCH Sheet Number Revision 1 OF 1 Project No. DB142 LEGEND 7/ '// RIuminous Surface Existing Building Line LFE Lowest Floor Elevation DESCRIPTION (PER cum LOT 5 AUDITOR'S SUBDMSIDN NUMBER 55, ANOKA COUNTY, MINNESOTA SKETCH NOTES • 1. For details see bulidmg plans_ 2. • Vertical Datum = NOVD 1929 3. Ordinary High Water Elevation =684.7 feet Lowest Floor Elevation =904.6 feet _7 8_ RECEIVED OCT 242D08 cm' OF Li NO LADS HIJLT & BEB IISEN, P.A • PO Box 37 � MN Pk (551)4543130 htc j851) 4644822 E.44.44 1- 1441144144.4.444 Client RON MARIEFt .Project 1801 EAST 77TH ST., HUGO, MN Location 11- 31 -22, ANOKA COUNTY, MN Certification Summary Apismrekw Dm= WI Revision History mi,boollo Ha nab By eaban►na Um� v ,MELMIU srs Sheet Title SKETCH Sheet Number Revision 1OF1 Project No. 08142 • • • AGENDA ITEM 7A STAFF ORIGINATOR: Daniel Tesch prepared this cover sheet MEETING DATE: 8 December 2008 TOPIC: Report of Alleged Open Meeting Violation Investigation VOTE REQUIRED: 3/5 BACKGROUND The council should officially receive or accept the report. RECOMMENDATION ATTACHMENTS Report ip?ARRY S. SEVERSON AMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL. E MOLENDA LOREN M. SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT$ ANNETIE M. MARGARIT STEPHEN A. LING* • • P i S-F 1 bck c2.1 w/wzk1j da-ti ovt ttfrij2-0dZ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -4517 (952) 432 -3136 TELEFAX NUMBER (952) 432 -3780 www.seversonsheldon.com November 12, 2008 Dan Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Re: Investigation Our File No. 10555 -28328 GARY L HUUSKO# CHRISTINE J. CASSELLIUS$ BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILUAMS MATTHEW J. SCHAAP THOMAS IL DONELY JESSICA L SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E.BOERSCHEL Dear Mr. Tesch: Enclosed is the Investigation Report that was prepared in connection with our services. Should you have any questions concerning the same, please be in contact with me. I have also included a statement for our services. Thank you for allowing me to serve the interests of the City. Cordially, chael G. GDrjlt Enclosure E -mail: doughertym @seversonsheldon.com Direct (952) 953 -8820 INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY •MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST LARRY S. SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E MOLENDA$ LOREN M SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITIT ANNETTE M. MARGARIT STEPHEN A LING* SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-4517 (952) 432 -3136 TELEFAX NUMBER (952) 432 -3780 www.seversonsheldon.com INVESTIGATIVE REPORT GARY L HUUS CHRISTINE J. CASSFJ -1 BRIAN J. WISDO MICHAEL D. KLEMM.t* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E. BOERSCHEL ISSUE: DID MEMBERS OF THE LINO LAKES CITY COUNCIL VIOLATE THE MINNESOTA OPEN MEETING LAW? INTRODUCTION STANDARD OF CONDUCT. Chapter 13 of the Minnesota Statutes ( "Open Meeting Law ") requires that all meetings of the governing body of a city be open to the public subject to limited exceptions. Before closing a meeting to the public (required of all exceptions), the city council shall state on the record the specific ground permitting the meeting to be closed and describe the subject to be discussed. What is a meeting? The Minnesota Supreme Court has held that "meetings subject to the requirements of the Open Meeting Law are those gatherings of a quorum or more members of the governing body... at which members discuss, decide or receive information as a group on issues relating to the official business of that governing body." What is the purpose of the open meeting law? The open meeting law is designed to avoid secret meetings, to allow the public to be informed about public officials' decision making and to allow members of the public to present their views to the public officials. EVIDENCE REVIEWED I was given full access to any information that I deemed was necessary in order to reach my findings. I conducted interviews with each of the members of the City Council, including the Mayor, as well as pertinent staff members. I further obtained and reviewed documents that I deemed relevant to making a determination. FINDINGS The evidence, together with the credibility of the testimony, reasonably supports the following: INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI tQUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE *REGISTERED PATENT ATTORNEY • • Investigative Report November 12, 2008 Page 2 1. A gathering of three Lino Lakes council members to discuss official business of the city constitutes a meeting. 2. A meeting (work session) of the Lino Lakes City Council occurred on July 28, 2008 at 5:30 p.m. Notice of the meeting was properly made. All members of the City Council and the Mayor were present. 3. At the work session, the Mayor distributed a letter dated July 18, 2008 addressed to the Mayor from Cori Duffy, Chair of the Lino Lakes Charter Commission. 4. The activities of the Lino Lakes Charter Commission are a significant issue to the Lino Lakes City Council. 5. A regular meeting of the Lino Lakes City Council occurred on July 28, 2008 commencing at 6:30 p.m. Notice of the meeting was properly made. All members of the City Council and Mayor attended the meeting, which took place in the council chambers. 6. At 7:15 p.m. on July 28, 2008, the council, upon motion made and seconded, voted to adjourn the meeting. 7. Following the vote to adjourn, neither the council collectively nor individually sought to remove anyone from the council chambers or otherwise prevent anyone in attendance from observing the conduct within the council chambers. 8. Following the vote to adjourn, two to four distinct conversations occurred involving City Council members and/or City staff. 9. Within two to five minutes following the vote to adjourn, two of the five Council members had left the Council chambers. 10. Within five to ten minutes following the vote to adjourn, a third Council member left the Council chambers, leaving one Council member and the Mayor in the Council chambers. DETERMINATION, The Lino Lakes City Council held a regular meeting on July 28, 2008. Following the motion to adjourn, several council members engaged in conversations, either with other council members or with city staff. The Complainant, a member of the council, alleged that he heard the words "charter" and "amendment" being used by a staff person. As one of the first Investigative Report November 12, 2008 Page 3 council members to exit the building, the Complainant alleged that he observed three council members apparently engaged and listening to the remarks of one staff person. The Complainant expressed concern that the discussion may in fact have continued following his exiting the building. The Complainant has raised the issue of whether what he observed was an illegal meeting, that is, a violation of the Open Meeting Law. The answer to the issue starts with a determination of whether a meeting has occurred. There is no doubt that the Lino Lakes City Council gathered as a quorum on July 28, 2008; commencing as a regular meeting at 6:30. The meeting was duly noted, held in the council chambers and open to the public. While the business being conducted ended with the vote on the motion to adjourn, the meeting of the council continued until such time as there was less than a quorum of the council members together. The meeting ended with the departure of the third council member from the chambers, approximately ten minutes after the vote to adjourn. The mere fact that the meeting continued after the vote for adjournment does not automatically constitute a violation of the Open Meeting Law. There is no statute addressing a post adjournment gathering and there is no Minnesota case law or law from other jurisdictions directly on point. The determination as to whether there was a violation on July 28th lies in the purpose behind the Open Meeting Law. As noted earlier, the primary purpose is to prevent private meetings from occurring where the public cannot have access to or observe the deliberations of the city council. On July 28th, the continuation of the meeting for several minutes following the vote of adjournment did not frustrate the principal purpose behind the Open Meeting Law. The public was duly aware of the meeting that was to occur on the 28th beginning at 6:30. There was no expression or expectation that the meeting would terminate at a given time. The meeting was fully open to the public and no effort was made to either restrict or prohibit the public from either attending or remaining in the council chambers following the vote for adjournment. In addition, the council members took no steps to hold private conversations or as a quorum to remove themselves to a different location. Therefore, under the facts and circumstances, I am of the opinion that there was no violation of the Open Meeting Law. Because I have determined that no violation occurred, it is not necessary to opine whether what the Complainant heard or saw actually occurred. The outcome remains the same regardless of the truth of the Complainant's observation. CAUTION My opinion solely relates to the specific facts herein and should not be interpreted as support for future activities which could lead to an Open Meeting Law violation. Continuation of discussion in the council chambers following a motion to adjourn should not be condoned. Each council member should be concerned as to the possibility of a violation as the penalty is personal. Every effort should be made as a council member to depart from an existing quorum so as to avoid a meeting from continuing, which in other circumstances may prove • • • Investigative Report November 12, 2008 Page 4 to be a violation. Additionally, members of the council should be aware that simply removing themselves from a quorum (without objecting to what is occurring) may not shield them from liability. Good faith or lack of harm is not a defense to an action for violation of the Open Meeting Law. Moreover, the Minnesota Court of Appeals has held that attendance at a meeting is also not required. In a recent case, the Court found a member to have violated the Open Meeting Law, finding that a member was instrumental in arranging the meeting, was aware of the meeting, and simply did not attend. The Court noted that the member did not indicate that his non - attendance was out of concern that the meeting might violate the Open Meeting Law. Under the Court's reasoning, had the facts supported an opinion that the Lino Lakes Council conducted a meeting in violation of the Open Meeting Law by remaining in the council chambers beyond the vote to adjourn, all five members could be subject to a penalty. The two council members that left the chambers first are not excused or immune from liability solely based on their removal from the council chambers, particularly if they had knowledge that a meeting in violation of the Open Meeting Law was taking place. In fact, neither of them asserted nor in any way declared that they were leaving in order to avoid an Open Meeting Law violation. I have concluded that under the present facts and circumstances a violation has not occurred; however, my opinion should not be comfort to those who wish to continue the practice of holding conversations in the council chambers following the motion to adjourn. Under Robert's Rules of Order, an affirmative vote on a motion to adjourn terminates a meeting. Having acted to terminate the business before the council, the members of the council should appropriately leave as soon as practical and keep any private conversations in a non - quorum forum. Respec Apit `Cl ..!; GD /alt E -mail: do Direct: (952) 953 -8820 APPLICABLE STATUTES AND CASE LAW 11 / seversonsheldon.com 1. Minn. Stat. 13D.01 2. Minn. Stat. 13D.04 3. Moberg v. ISD No. 281, 336 NW2d 510 (1983) 4. Thuma v. Kroschel, 506 NW2d 14 (Minn. App. 1993) 5. Brown v. Cannon Falls Township, 723 NW2d 31 (Minn. App. 2006)