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03/02/2009 Council Packet
• REVISED WORK SESSION AGENDA CITY OF LINO LAKES Monday, March 2, 2009 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. A portion of the meeting may be closed to discuss a personnel issue 1. Anoka County Airport Runway Extension 2. DeHaven Minor Subdivision Escrow Charges 3. Strategic Planning Process— �VV V vect • 4. Police Department Annual Report to follow 5. Comprehensive Plan Update 6. - .-- -... - ' et (vaQ 7. Review of Regular Council Meeting Agenda Adj ourn • PAGE 1 • • WORK SESSION AGENDA CITY OF LINO LAKES Monday, March 2, 2009 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Anoka County Airport Runway Extension 2. DeHaven Minor Subdivision Escrow Charges 3. Strategic Planning Process 4. Police Department Annual Report 5. Comprehensive Plan Update 6. City Code Update Project 7. Review of Regular Council Meeting Agenda Adjourn PAGE 1 to follow • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: March 2, 2003 To: City Council From: Gordon Heitke Re: Anoka County Airport Runway Extension Background Council members O'Donnell and Stoltz have requested that this issue be placed on the • March 2, 2009 agenda for discussion. • Requested Council Direction Discussion has been initiated by council members, staff is not seeking direction at this time. 1 1� s�ti,botJ -t&t & Wk .SFSS�u z -IL,o' The next meeting of the Government Affairs Committee is scheduled for Wednesday, March 4th. It will not be held at Legal Grounds. Instead, I have it moved the meeting to the Chamber office. Our address is 9380 Central Ave NE. in Blaine. We are located above the 21st Century Bank Building. Gary Schmidt the MAC Director of Reliever Airports will be our guest. He will discuss the proposed additional runway safety feature. In addition, I will invite several area legislators to join us at 7:00 a.m. prior to the meeting. In case we are ready to propose a resolution regarding the proposed runway safety feature, I will have information about this issue e- mailed prior to the committee meeting. Please RSVP tommetronorthchamber.org for either the Government Affairs Committee meeting MetroNorth Chamber of Commerce The 21s1 Century Bank Building 9380 Central Ave. NE, Suite 320 Blaine, MN 55434 Phone: 763 -783 -3553 J% A COMPARISON: ANOKA COUNTYBLAINE AIRPORT(ACE) VS. WATERBURY- OXFORD AIRPORT (OXC) ACE OXC Runway Length 5000' 5800' (completed 01/05) Surrounding Populations 71,329 (Blaine, Spring Lake Pk, Circ Pines, Lexington) 36,253 (Wtrby, Oxfd, Southbry) Operations 2008 69,403 72,640 FBO 1 `2' (Key Air) (Key Air /affiliate, Keystone Aviation) FAA FEDERAL AVIATION REGULATIONS (FAR) PART 150 STUDY DAY -NIGHT AVERAGE NOISE LEVEL (DNL) DNL FACTORS • Flight tracks • Operations • Runway geometrics • 10- decibel addition to night operations • Average times of activity AND inactivity SINGLE EVENT NOISE MONITORING • Locations selected based on complaints received • Measurements taken over a few days • Used to corroborate DNL data DATA PROJECTIONS • Master plan review • Aviation trends • Local development plans • Operations /tenant surveys PUBLIC INPUT • Public information meetings • Registered noise complaints • Local /online posting of study updates STUDY RESULTS- DECEMBER 2008 AIRCRAFT OPERATIONS DATA TABLE 5 - -I 0. OF OPERATIO]\ Aircraft Type Year 2003 SE Piston ME Piston Turboprop 49,445 9,255 3,100 2007 45,348 9,288 3,196 2012 (forecast) Change (2003 -2007) 47,908 (8.3 %) 9,812 0.4% 3,627 3.1% Jet (Stage III) Jet (Stage II) 2,583 4,968 6,993 923% 1,117 832 620 (25.5 %) Helicopter Total Operations 500* 66,000 500* 525 64,132 69,485 0.0% (2.8 %) Change (2007 -2012) 5.6% 5.6% 13.5% 40.7% (25.5 %) 5.0% 8.3% * Plus 3,000 annual helicopter flyovers Waterbury- Oxford Airport FAR Part 150 Noise Study FIGURE 1 -4 — WATERBURY- OXFORD AIRPORT SAMPLE AIRCRAFT Hawker 125 FINAL Page 1 -11 STUDY RECOMMENDATIONS FOR OXC • Flight noise abatement • Voluntary acquisitions • Voluntary sound insulation • Fair disclosure and avigation easements • Rezoning DOWNFALLS • LENGTH OF PROCESS (2003- ongoing) • Individual's legal rights for review • Inability to move /loss of property value • Quality of life PROPERTY VALUES FAA reports: -18.6% "The Effect of Airport Noise on Housing Values: A summary Report", FAA, 1994 Randall Bell: -27% Ten Standards Classifications of Detrimental Conditions, Randall Bell, 1997 Paine Field Airport- PFC recommendation Sea Tac 1997 El Toro, CA RESTRICTIONS AT PUBLIC AIRPORTS 1990 Airport Noise and Capacity Act Public Complaints /Restrictions 0 5- (D • CU rD 'CA • n 0 TS 0 CD rt rts Lam. 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Q. z r EU 49 (1) 13 Fi r CD T1 0 70 I I ate {�soiol� aijgow ous ■—• k0 CC 4, 4. 0 .;;;, Q: LA 0' 0 g5 133 95 R3 1.3.1&0111 aa.aod ,OOZ w uwal.. {e.»gng 1/41Z) Et r- pleat{ pullets 1sa3eas„ c) €13 ■s!0? 1ewamucu pi'3 Decibel (Loudness) Comparison Chart 0 a (D ypnw MOH 1■11111. = t. = -1/4) - : =' rD 3 rD co p = N o 0_ rD • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: March 2, 2009 To: City Council From: Gordon Heitke Re: John DeHaven Escrow Background Mr. John DeHaven, 1612 Birch Street , appeared before the City Council at the January 26, 2009 work session to contest the expenditures charged to his escrow account for the city review of a minor subdivision application. Mr. DeHaven believes that he has been overcharged and is requesting a reimbursement of charges attributed to the City Attorney and city staff. The total amount of the costs charged to the escrow account was $630.02. The Council directed city staff and the City Attorney to review the charges and respond to Mr. DeHaven's concerns. Requested Council Direction Staff is awaiting direction from the Council as to any needed further action related to this request. Attachments) 1. Mr. Grochala letter, Feb. 4, 2009 2. City Attorney letter, Feb. 24, 2009 1 CITY F IN • l KE MEMORANDUM DATE: February 4, 2009 TO: Gordon Heitke, City Administrator FROM: Michael Grochala, Community Development Director RE: City Development Escrow Policy DeHaven Billing Review At the January 26, 2009 City Council Work Session, Mr. John DeHaven, 1612 Birch Street, presented his concerns regarding expenditures charged to his escrow deposit for city review of a minor subdivision application. Mr. DeHaven believes he has been overcharged and is requesting reimbursement of charges attributed to the City Attorney and staff. The total amount billed to the escrow account was $630.02. The City Council requested that staff and the City Attorney review this and report back to the council. Background In August of 2008 Mr. DeHaven's wife, Martha Houle, submitted an application for a minor subdivision of their property located at 1612 Birch Street. On August 21, 2008 Ms. Houle was notified in writing that the minor subdivision application was incomplete. Included in the "incomplete" list was that no escrow deposit was submitted. The letter also addressed a number of advisory comments intended to aid the applicant in future submittals including potential title problems based on their legal description. The City Council was updated on the status of the minor subdivision request at the September 2, 2008 City Council Work Session. This discussion included a review of the incomplete and title problems as well as the escrow requirements. On September 11, 2008 a complete application was received including the required escrow deposit. On September 26, 2008 an executed "Declaration of Protective Covenants" and a "Deed of Appurtenant Easement" was submitted to the city for review. Copies of the documents were forwarded to the City Attorney for review. Comments on the documents were received from the City Attorney on October 6, 2008. The staff report and approval letter for the minor subdivision was completed on October 7, 2008. The approval included three conditions as follows: J: \correspondence \City Council\houle escrow.doc • • • • • 1. Parcel B must be increased in size to 2.5 acres to meet the accessory structure requirements of the zoning ordinance. 2. The applicant must record a deed restriction on both parcels that prohibits the sale of either parcel unless combined together. 3. The applicant shall grant to the City an easement for drainage and public utility purposes over Parcel B being 5 feet in width on interior lot lines (side and rear) and 10 feet in width on exterior lot lines (front). The approval letter included specific modifications to the Declaration of Protective Covenants as requested by the City Attorney in order to satisfy the requirements of the Zoning Ordinance, specifically Section 3, Subd. 3.B.2 as amended by the Council. Additionally, the letter outlined the remaining steps to complete the process for dividing the lot. On November 24, 2008 Mr. DeHaven submitted revised copies of the "Deed of Appurtenant Easement," Declaration of Protective Covenants, and a revised Sketch and Description. The revised submittals satisfied the conditions of approval. The applicant was informed that the deed or other legal instrument dividing the property would need to be marked "approved" by the city prior to recording by Anoka County. On December 19, 2008 the City completed closure of the project and escrow account. The remaining escrow balance of $369.80 along with an itemized list of account expenses was returned to the DeHaven's. As of February 4, 2009 the property has not been subdivided. The Anoka County Department of Property Records and Taxation has on record the Declaration of Protective Covenants and the Deed of Appurtenant Easement, but has not received any document providing for the subdivision of the property. Review Chapter 214 of the City Code entitled "Recovery of Costs" establishes the City's requirements regarding escrow accounts and the charging of fees. The intent as stated in the City Code is: "Certain licensed and permitted activities carried on in the city require the assistance of the city engineer, city attorney, city planner, or other city personnel. As these activities primarily benefit private persons rather than the city as a whole, it is appropriate that the cost of these services be borne by those benefitting thereby..." The City Fee schedule, adopted annually by ordinance, establishes the escrow amounts collected at the time of application for each land use request. The escrow fee is based on the typical cost associated with processing that type of application. A minor subdivision, as applied for by the DeHaven's, is an activity that primarily benefits private persons rather than the city as a whole and accordingly is subject to the escrow requirements. J: \correspondence \City Council\houle escrow.doc Funding for these requests is not provided for by general property taxes. Nor does the general fund include budgeted expenditures for this type of request. For these types of requests City staff time and consultant time is charged to the escrow account. In this specific case staff time was limited to 3.5 hours of research, report preparation and approval correspondence. Staff did not bill time for telephone conversations or meetings with the applicant, staff conversations with City Attorney or the preliminary application review and advisory letter. City staff billings are charged at 2 times the hourly rate to cover benefits and overhead. Consultant time is billed as charged. The City Attorney's time is itemized on the attached billing and was reviewed and approved by staff. The attorney's time charged to the escrow included review of the easements and covenants, discussion with staff and review of ordinance requirements, drafting recommended changes to the covenants and follow up discussion with staff regarding modified language submitted by the applicant. The council should recall that the zoning ordinance amendment approved to allow the DeHaven's to process the minor subdivision request required submittal of restrictive covenants with specific requirements. These requirements were not satisfied with the original submittal by the DeHaven's, which was noted by the city attorney. As you are aware the attorney's responsibility in these matters is to protect the interests of the City of Lino Lakes. Subsequently the attorney drafted language to insert into the declaration to satisfy city requirements. Based on these facts staff does not see any legitimate reason for reimbursement to Mr. DeHaven. Additionally, Mr. DeHaven informed the council that he was told by an Anoka County representative that he did not need the City's approval when recording his documents. Based on the information received from Anoka County this is correct. Mr. DeHaven submitted for recording an easement and declaration of covenants encumbering his property. No city approval is necessary for a property owner to encumber their property if they so choose. However, Mr. DeHaven's request before the City was the subdivision of land. As the subdivision authority the City does need to approve any subdivision of property within the municipal boundaries. Anoka County is aware of this requirement. As further clarification to this point — the Anoka County Department of Property Records and Taxation "Glossary of Terms" available from their website includes the following information regarding "Divisions ": "Divisions. Landowners can sub - divide their property into as many parcels of land the city will allow. This can only be done providing the City in which the land is located approves it, and is done without the formal process of platting. " However, no land division request was submitted to Anoka County. I personally shared this concern with Mr. DeHaven two weeks before his presentation to the council and J: \correspondence \City Council\houle escrow.doc • • • advised him to verify the subdivision request with the county. As stated previously the county has received no such request. • • Attachments 1. Escrow Closure and billing statement sent to Houle 2. City Attorney Bill Statement 3. Approval letter and Staff Report 4. Chapter 214 City Code J: \correspondence \City Council\houle escrow.doc December 19, 2008 Mrs. Martha DeHaven 1612 Birch Street Lino Lakes, MN 55038 RE: Land Use Application Minor Subdivision 1612 Birch Street Dear Mrs, DeHaven, The City has completed project management of the application for the above referenced project. Enclosed is a check in the amount of $369.80 for return of the final balance in the escrow account set up to process this application. All fees have been accounted for and the escrow account is now closed. An itemized list of account expenses is enclosed for your review. If you have questions regarding this matter, please contact me by phone at 651 -982 -2422. Sincerely, Y1 Dawn Bugge Community Development Assistant 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651 -982 -2400 • Fax: 651 - 982 -2499 • DeHaven Minor Subdivision 1612 Birch Street Escrow Account Summary DATE DESCRIPTION TIME (hrs) DEPOSITS EXPENSES BALANCE 9/11/2008 Martha DeHaven - escrow submittal $1,000.00 $ 1,000.00 9/30/2008 Scott Baumgartner - Attorney review 0.5 $ 69.01 $ 930.99 10/1/2008 Scott Baumgartner - Attorney review 0.3 $ 41.41 $ 889.58 10/4/2008 Michael Grochala - review & reports 2 $ 186.60 $ 702.98 10/6/2008 Scott Baumgartner - Attorney review 0.7 $ 96.61 $ 606.37 10/7/2008 Michael Grochala - review & reports 1.5 $ 139.95 $ 466.42 10/13/2008 Scott Baumgartner - Attorney review 0.3 $ 41.41 $ 425.01 10/20/2008 Scott Baumgartner - Attorney review 0.4 $ 55.21 $ 369.80 TOTAL BALANCE: $ 369.80 r 6 Hawking & Baumgartner, P.A. Attorneys at Law 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 20- 5586750 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 +ATTN: Finance Director RE: General Legal Services Statement of Account for Services Rendered Through September 30, 2008 September 30, 2008 Our File: LINOLAKE.01 ATTORNEY FEES-- •111 •t• V Wr. 'MIS .1 n • • .. . ` -iT - 165.62 7 T .". r r_ _ t .1 r - - — Iaa /n9" TT 1 L _ liFEEPOSEPIIIMPSONINth6011 1 ^_ e_ it • 7 7 R 96.61 WifiriFiromb 3 09/36/68 Reviewed e-mail from Mike Grochala, along with attached Declaration of Protective Covenants, Deed of Appurtenant easement and survey regarding 69.01 • Hawkins & Baumgartner, P.A. Attorneys at Law 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427 -8877 20- 5586750 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 +ATTN: Finance Director November 3, 2008 Our File: LINOLAKE.01 RE: General Legal Services Statement of Account for Services Rendered Through October 31, 2008 ATTORNEY FEES Telephone conversation with Nike Grochala regarding the Declaration. of Protective Covenants, Deed of Appurtenant easement and survey regarding Martha DeHaven. iii pains TINUCE8-V Draft proposed language regarding Dehaven Mmor Subdivision Declaration of Protective Covenants; e- mailed proposed language to Mike Grochala 41.41 96.61 apoda IN---B108.1.- Telephone conversation with Mike Grochala regarding the Dehaven Declaration. 41.41 147213708:-.A- Telephone conversation with Mile Grochala regarding the Dehaven /Y� / "'perty�'����y ' n 221./ 1L11 , Rua fwJ IL Vl.[�Vllls 11�1�111�VL J ,J..... 40 111 55.21 October 7, 2008 Martha Dehaven 1612 Birch Street Lino Lakes, Minnesota 55038 RE: Administrative Minor Subdivision Review Dear Applicant: The City of Lino Lakes staff has administratively approved the request for a Minor Subdivision for the property at 1612 Birch Street. This approval is subject to: 1. Parcel B must be increased in size to 2.5 acres to meet the accessory structure requirements of the zoning ordinance 2. The applicant must record a deed restriction on both parcels that prohibits the sale of either parcel unless combined together. The proposed Declaration of Covenants should be revised as follows: a. Mr. DeHaven's name and interest in the property should be included in the 1s` paragraph. b. Under the declaration an additional clause should be added to state:. "No transfer of either Parcel A or B may be made unless said Parcels are first combined together to create one parcel. This requirement shall not apply to a lending institution who has acquired title as a result of a mortgage foreclosure." c. In the last sentence of the declaration the phrase "grant of easement " should be stricken and replaced with "Declaration ". 3. The applicant shall grant to the City an easement for drainage and public utility purposes over Parcel B being 5 feet in width on interior lot lines (side and rear) and 10 feet in width on exterior lot lines (front). 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651 - 982 -2400 • Fax: 651- 982 -2499 • • • You will need to submit the following items to our office in order to complete the process for dividing the lot: 1. Revised Sketch and Description based on increased size of Parcel B. Please submit one full sized copy and one 11 X 17 copy. 2. Deed for the new property created. (The document will need the City's stamp of approval prior to recording). 3. Revised Declaration of Covenants per comments listed above. 4. Revised Easement Grant based on the legal description revisions noted under item 1 above. Once these items are submitted I will have the City Clerk execute the City's subdivision approval on the deed. You will then be able to submit the Deed, Declaration of Covenants, and Easement Grant to Anoka County for recording purposes. Sincerely 11ti L0 rr, Nrchael Grochala Community Development Director City of Lino Lakes Enclosure DEHAVEN MINOR SUBDIVISION ADMINISTRATIVE REVIEW STAFF ORIGINATOR: Michael Grochala APPROVAL DATE: October 7, 2008 TOPIC: 1612 Birch Street Minor Subdivision BACKGROUND Martha Dehaven submitted a request for a minor subdivision to allow the division of the property currently addressed as 1612 Birch Street, to create 2 parcels under the allowances of Section 3 Subdivision 3.B2.b. This portion of the ordinance allows a 10 acre (minimum) parcel to be divided from a parcel provided that a 1 acre (minimum) parcel and existing home remains provided certain other conditions may be met The biggest condition being that the new parcel must be combined back with the smaller parcel and home for the purpose of sale. ANALYSIS The subject property is zoned Rural, and within this district a minimum 10 acre lot is required. However, an exception to this requirement is allowed when the property is being divided to act as a financial security under such financial agreements as a reverse mortgage. In the case of the latter, a 1 acre parcel with the exiting single family home may remain after a 10 acre minimum parcel is divided from it. Parcel A The second parcel is 11.42 acres in size, thus exceeding the minimum 10 acres. The property is irregular in shape, but does have frontage of 169 feet on Birch Street and 60 feet on Sherman Lake Road Future access to Parcel A will be from the extension of Sherman Lake Road. No access will be permitted from Birch Street (CSAH 34). This property will also need to have deed restrictions recorded that prohibit the sale of the parcel unless combined with Parcel B. Parcel B The property which includes the existing single family dwelling will be 2.04 acres in size, thus meeting the minimum stanrlard of 1 acre. The width and frontage will be 295 feet and the depth will be 302 feet, which both meet the standards of the zoning ordinance The site plan clearly indicates drainage and utility easements of 10 feet on front and rear and 5 feet on the sides. A Deed of Appurtenant Easement was provided granting the easements to the City. The deed will • • need to be revised to reflect changes in the easement descriptions due to the required modification of the lot size noted above. The existing barn and garage indicated on the site plan are approximately 2,296 square feet in size, which exceeds the 2,020 square foot maximum for accessory structures on a parcel between 1.25 and 2.5 acres in size. The size of Parcel B must be increased to 2.5 acres in size in order to meet the zoning ordinance The allowable square footage for accessory buildings and garages for parcels between 2.5 acres and less than 5 acres is 3,600 square feet. The existing home and all other structures will meet the minimum setbacks required within the Rural zoning district, and the site plan clearly indicates the primary and secondary septic field required by the ordinance The property is currently served by municipal water services. Evidence of Financial Security Arrangement The applicant has submitted a letter from Reserve Mortgage SIDAC, dated September 10, 2008, which outlines the requirement from FHA that the parcel for a reserve mortgage must be less than 5 acres in size and that no commercial enterprises may be done there. This satisfies the requirements of the ordinance for allowing a minor subdivision under Section 3 Subdivision 3.B2.b. Declaration of Protective Covenants A copy of the proposed Declaration of Protective Covenants was submitted in accordance with Section 3, subd. 3.B2 of the zoning ordinance. The City Attorney has reviewed the covenants and has recommended the following changes: 1. Mr. DeHaven is a listed as a grantor of the Declaration, however his name is not included - - - in the-first paragraph of the document Mr. DeHaven's name and interest in the property should be included in the lst paragraph. 2. Under the declaration an additional clause should be added to state: "No transfer of either Parcel A or B may be made unless said Parcels are first combined together to create one parcel. This requirement shall not apply to a lending institution who has acquired title as a result of a mortgage foreclosure." 3. In the last sentence of the declaration the phrase "grant of easement " should be stricken and replaced with "Declaration ". ACTION Approval subject to the following conditions: 1. Parcel B must be increased in size to 2.5 acres to meet the accessory structure requirements of the zoning ordinance 2. The applicant must record a deed restriction on both parcels that prohibits the sale of either parcel unless combined together. 3. The applicant shall grant to the City an easement for drainage and public utility purposes over Parcel B being 5 feet in width on interior lot lines (side and rear) and 10 feet in width on exterior lot lines (front). ATTACHMENTS 1. Sketch and Description, prepared by E.G. Rud & Sons, dated 9/8/08 2. Declaration of Protective Covenants, prepared by Thomas Hartigan, dated 9/26/08 3. Deed of Appurtenant Easement, dated September 23, 2008 • • • A ' U m o d L e rcz1. Th R W co L< 8 .. aCA=i t 0 Mel oyz9' = z hd aNg° '" O x �O wr 3- I0.0000N 1190SL sgc $'o 03 neii '�z5 t d z Fav_9°rv°tr eo c °• °Va.a °b P 55;°5311 p bato Tr! 5 y 'rg- °s° u -st -np3 v' �6suR ▪ h5L 5°YO <• of � p 3 5°$a rn is:g 5 f14 :1g12 • z°?aT.E'2 c "2'2'11 5 °3P 1 a c � cyb5$o'Oe^ rs oTa "5Sa 51 " 13 T5p..3Yn ;1 ligP3g1 , 5. `H9h °s mcSj Os °1 5 iu m:2524o, SCIsir CO .16.00.0011 OB'Lkal E CIN O. O G7 O . m C.2 0- °5 B 1hyTa �° bva,°{, 3 .° Qaa�g� T i m°O ri'S �b16 yya5 o5a$og8 b5 °°i0 --g mn, 5 . 8535 Tag$'° T • 3400. o$m` a> S 3 - bmsito� a5 f_¢os $VIII % r^ry °am _ 5 ° ES 't O Z t p s« c n55_5 551 Soso 1m p a1tE. 255522s= SZ '035 .10 1/155 3111 30 1 /1MN 90 1333 05'/71 1535 3111 30 3101 1503 1. , 9Z 335 90 /515 30 / /MN 310 35 31117 1535 -� MINIM LOT BEQOIQEMENTS '035 d0 1/I MS 3141 40 1/1 MN 3131 30 133! 5C■L 1535 3131 l0 3511503 - - -) Wads. 861701" C9B 3005 50330.30 9 5009 93d 131371IW100 53105 VI0a115 7 s..W,OC.00N 01•1001 - -- a 1 6 40 ALIO X00413033 5 BL '335 40 1/155 3111 40 N313003 1535111005 1 DECLARATION OF PROTECTIVE COVENANTS THIS DECLARATION is made and declared by Martha R. DeHaven, owner in fee simple of that part of the NW % of the SW'/ of Section 26, T. 31, R. 22, Anoka County, Minnesota, specifically described on the survey map, attached as Exhibit "A" and made a part of this Declaration. Upon request of said owner and as required by Section 3, subd. 3. B2 of the zoning ordinance of the City of Lino Lakes, for the approval of a minor subdivision of said property into two parcels (Parcel A and Parcel B; of Exhibit "A"), the following Declaration of Restrictive Covenant is hereby declared: 1. No transfer of either Parcel A or Parcel B may be made except in conformance with the zoning ordinance of the City of Lino Lakes. PARCEL A 2. Parcel A is legally described as that part of the West 494.50 feet of the NW Quarter of the SW Quarter of Section 26, Township 31, Range 22, Anoka County Minnesota described as follows: Beginning at the intersection of the south line of said Northwest Quarter of the Southwest Quarter with the east line of the west 24.75 feet of said Northwest Quarter of the Southwest Quarter, thence northerly and parallel to the west line of said Northwest Quarter of the Southwest Quarter, 947.85 feet; thence easterly and parallel with the north line of said Northwest Quarter of the Southwest Quarter to 295.31; thence northerly parallel to the west line of said Northwest Quarter of the Southwest Quarter, 299.88 feet to the southerly line of Parcel 57, ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT NO. 11; thence easterly along said southerly line of Parcel 57 to the east line of said west 494.50 feet of the Northwest Quarter of the Southwest Quarter, thence southerly along said east line 1247.60 feet to the south line of said Northwest Quarter of the Southwest Quarter, thence westerly along said south line to the point of beginning. PARCEL B 3. Parcel B is legally described as that part of the Northwest Quarter of the Southwest Quarter of Section 26, Township 31, Range 22, Anoka County Minnesota described as follows: Commencing at the intersection of the south line of said Northwest Quarter of the Southwest Quarter with the east line of the west 24.75 feet of said Northwest Quarter of the Southwest Quarter; thence northerly and parallel to the west line of said Northwest Quarter of the Southwest Quarter 947.85 feet to the point of beginning of the parcel to be described; thence easterly and parallel with the north line of said Northwest Quarter of the Southwest Quarter 295.31 • • • • feet; thence northerly parallel to the west line of said Northwest Quarter of the Southwest Quarter 299.88 feet to the southerly line of Parcel 57, ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT NO. 11; thence westerly along said southerly line of Parcel 57 to the east line of said west 24.75 feet of the Northwest Quarter of the Southwest Quarter; thence southerly along said east line 300.76 feet to the point of beginning. 4. This Restrictive Covenant shall run with the and and shall be binding upon the owner, her heirs, successors and assigns, including all other parties having any right, title or interest therein. IN WITNESS WHEREOF, Said Grantors have hereunto executed this grant of easement on this ,.,/%k day of September, 2008. -xe4,746/e Martha R. DeHaven ,Gtr John D. DeHaven STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing was acknowledged before me this 2-6 75 day of September, 2008 by Martha R. DeHaven and her husband John D. DeHaven. This instrument drafted by: Thomas J. Hartigan, Attomey at Law Registration No. 41804 127 East County Road C Ste #8 St. Paul, Minnesota 55117 (651) 484 -6553 THOMAS J. HARTIGAN NOTARY PUSUC • MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2010 DEED OF APPURTENANT EASEMENT THIS INDENTURE is made and entered into this L3 r.e day of September , 2008, by and between Martha R. DeHaven and John D. DeHaven her husband, Grantors, and The City of Lino Lakes, a municipal corporation under the laws of Minnesota, Grantee. WHEREAS, Grantors are the owners of a tract of land in Lino Lakes, Anoka County, Minnesota, described in exhibit "A ", attached hereto as "Existing Property Description ". AND, WHEREAS, Grantee has required that certain portions of Grantors' land described as "Parcel B" in said Exhibit "A ", be reserved for drainage, and utility usage if minor subdivision is to be permitted on Grantors' land, and, WHEREAS, Grantors have agreed to grant to Grantee an easement for drainage, and public utility purposes in and over portions of "Parcel B" hereinafter described in said Exhibit "A ". NOW THEREFORE, Grantors, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grant to Grantee, its successors and assigns, a perpetual drainage easement, as well as an easement for public utility purposes in, over and upon that portion of the land of Grantors as shown in "Parcel B" of Exhibit "A ", attached hereto and hereby incorporated by reference. This easement shall be perpetual and run with the land, which shall remain unrestricted for the passage and free flowage of drain water over the land described in this easement. Further, Grantor, its successors and assigns, shall not obstruct in any way through buildings, landscaping, fences or otherwise, the use of said easement for drainage or the use of said property for the construction and maintenance of public utilities authorized or permitted by Grantee, its successors and assigns. • • 214. Recovery of Costs 214.01 Intent. Certain licensed and permitted activities carried on in the city require the assistance of the city engineer, city attorney, city planner, or other city personnel. As these activities primarily benefit private persons rather than the city as a whole, it is appropriate that the cost of these services be borne by those benefitting thereby. Sections 214.01 - 214.06 are intended to provide a method whereby this end will be furthered. 214.02 Escrow Deposit Required. •Applications for subdivision approval, rezonings, conditional use permits, planned unit developments, zoning variances, sewer connection permits, liquor licenses, building permits, and other municipal considerations may require a cash deposit which shall be placed in an applicant's escrow account in an amount sufficient to pay all engineering, legal, and planning fees incurred by the city, and such other costs as may be made the applicant's responsibility, in connection with the application and the supervision, inspection and investigation of the permitted activity. The deposit shall be held in the account and shall be credited to the applicant making the deposit. All engineering, legal, and planning fees, and such other costs as may be made the applicant's responsibility, incurred in connection with an application shall be charged to the applicant's escrow account and credited to the city. 214.03 Fee Schedule. The council shall establish fees for services rendered by the city attorney, city engineer, city planner, and other city personnel. The fee schedule shall be provided to all persons making applications listed in 214.02 upon request. 214.04 Individual Fees. Based on the fee schedule adopted pursuant to 214.03, the administrator shall determine the amount of the escrow deposit required after consultation with the city attorney, city engineer, city planner, or other city personnel whose services may be required. All time, services, and materials to be billed to an escrow account shall be itemized. 214.05 Enforcement. Subdivision 1. Application. The application listed in 214.02 shall not be accepted or processed by the city unless accompanied by an escrow deposit as provided in this chapter. Subd. 2. Deficits. If at any time it appears that a deficit will occur in any escrow account, the administrator may then require an additional deposit in the escrow account sufficient to cover the additional expenses. Failure to make such additional deposits, or to pay to the city money owed for legal, engineering or other services for which the applicant is by ordinance made responsible in connection with an application in 214.02 shall be grounds for denial or revocation of the permit or license, or cessation of work on a particular project. Such permit or license 43 shall be revoked only after a hearing preceded by 10 days written notice. 214.06 Refund. Any money remaining in an applicant's escrow account after payment of all required engineering, legal, and other fees shall be returned to the applicant. 44 • • February 24, 2009 Lino Lakes City Council 600 Town Center Parkway Lino Lakes, MN 5 503 8 RE: Minor Subdivision Escrow Our File No. 4021 -0001 Dear Council Members: R R M Ratwik, Roszak & Maloney, P.A. You asked that I respond to Mr. DeHaven's request for a refund of a portion of the $630.02 withdrawn from his minor subdivision escrow. For the reasons set forth below, I find the requirement of the escrow and the charges to the account to be appropriate. The processing of land use applications, such as the minor subdivision request, necessitates review by City staff for compliance with City ordinances. There is a cost to the City for the use of staff tune, whether that staff is a City employee or outside consultant. State law allows a city to prescribe fees to defray the costs incurred by it for reviewing and administrating an application as long as the fees have a nexus to the actual cost of the services. Minn. Stat. § 462.353, subd. 4. Note that actual costs are not only the direct salary costs but also a portion of benefits, the cost of supplies and equipment, and general overhead. For outside consultants, the cost is what the City is billed. The rationale for requiring the fees is that the public does not benefit from the proposed project and therefore should not pay for the costs associated with the application. This concept is reflected in Section 214 of the City Code, which requires the benefiting landowner to pay for the City's costs in processing the landowner's request. This is a very common provision that protects the City from having to bear the financial burden of private development. 730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339 -0060 • f (612) 339 -0038 • www.ratwiklaw.com Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence 3. Foy* Stephen G. Andersen ** Scott T. Anderson Kevin J. Rupp Jay T. Squires *t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel* Michael J. waldspurger* Margaret A. Skelton Amy E. Mace Eric J. Quiring Kimberley K. Sobieck Sonya J. Guggemos Erin E. Ische Andrea N. Amidon Christian R. Shafer Trevor S. Helmers Matthew J. Bialick * Also admitted in w1 ** Civil Trial Specialist Certified by the MN State Bar Association t Real Property Specialist Certified by the MN State Bar Association Mr. John DeHaven February 24, 2009 Page 2 Mr. Dehaven argued that both City employees and the former City Attorney spent too much time on the application and charged too much for their time. Nothing in the record supports that argument. The hourly charges by staff include all actual costs, and the City Attorney's charges were billed as received by the City. None of those hourly charges appear to be unreasonable. As for the amount of time spent on the application, note that it was initially incomplete. Once complete, the application had to be reviewed and the submitted documents had to be revised. This was not simply a matter of reading some paperwork for a few minutes as was suggested at the Council work session. The charges also necessarily included the time spent drafting the required reports and correspondence. Not included was time spent by staff on telephone conversations, meetings with Mr. DeHaven, and conversations with the City Attorney. Had that time been included, the amount deducted from the escrow would have been significantly higher. Given the work involved, there is no evidence that the City overcharged for processing this request, so a refund is not appropriate. Very truly yours, L J seph J. Langel RRM: 128583 • • • Lino Lakes Police Department 2008 Annual Report Executive Summary Budget — The operating budget of the Lino Lakes Police Department was $3,101,308. $2.888.205 went allocated for salaries and benefits, $47,938 for supplies, $104,115 to other services and charges, $29,000 was allocated to contracted services, and $32.050 vas allocated to capital outlay Crime Rate — The City of Lino Lakes has the lowest Part I, Part II and combined crime ra city in Anoka County. The crime rate (per 100,000 population) is 1,279 for Part 1crimes. 3.432 for Part II crimes with a Combined Crime Rate of 4,710. These rates are based on 2007 statistics from the Minnesota Bureau of Criminal Apprehension which are the latest available statistics. Volunteer Hours — The Lino Lakes Police Department has continued to involve volunteers in the operation of the organization. During 2008 a total of 7,717.75 hours were logged by volunteers in- volved in Reserves, Explorers, front office support, CERT and other aspects of department support. Utilizing the state defined value for volunteer hourly rate. this translates to a value of $150.573. New Initiatives — The value of volunteers to the organization coupled with our ongoing commit- ment to the expansion of community involvement in all possible aspects is demonstrated by the im- plementation of the Community Relations Coordinator as a command level position. The number and role of Community Service Officers increased to enhance the service delivery by each policing team. The utilization of college students in this manner develops potential future officers that have been directly involved in the COP / POP service delivery model implemented here. A sworn officer was assigned to the Minnesota Gang Strike Force (MGSF) utilizing funds from a state grant. This has resulted in coordinated investigations, educational opportunities for other LI.PD officers and an increased understanding of gang influences in Lino Lakes. Notable Events — Residents in one Lino Lakes neighborhood alerted officers to suspicious activity A joint investigation between the LLPD and the MGSF led to the arrest of a male for a large mari- juana growing operation both in Lino Lakes and elsewhere. Officers responded to a report of a bur- glary, and due to information from a neighbor, the suspect was arrested shortly after the incident and the stolen items were recovered. Officers received information from residents regarding drug activity in their neighborhood which led to the execution of a search warrant at a lino Lakes resi- dence. The result of the search warrant was the arrest of a male for possession of cocaine and methamphetamine. Employee Enrichment — Sergeants Kyle Leibel and Chris Bragelman graduated from the 258th ses- sion of the Police Staff and Command course presented by Northwestern University Center for Public Safety , Chicago, Illinois. Sergeant Kelly McCarthy graduated from the 235`h session of the FBI National Academy in Quantico, Virginia. Employee Recognition — Investigator Mitch DeMars — l st Quarter, Officer Dale Hager— 2 "° Quar - ter, Officer Tim Noll — 3rd Quarter, Officer Chad Schirmers — 4th Quarter. Item Executive Summary Table of Contents Mission Statement Organizational Chart 2008 Employees Team Policing 2008 Volunteer Activity New Initiatives in 2008 On -going Successes Volunteer Groups Grant Programs Specialized Police Units Awards and Recognition Training and Education Patrol Fleet Incident Statistics Budget Overview Table of Contents Page 2 9 10 11 -16 17 -19 20 -21 22 -26 27 -30 MISSION STATEMENT The Lino Lakes Police Department shall work co people: * by providing a safe community * by aggressively pursuing criminals * by promoting crime prevention partnerships * by increasing communications * by encouraging volunteerism, and; * continue to enhance and strengthen our Community Oriented Policing Philosophy. 4 O z cot) W O N • • • • , • bA .5 VD U Mike Monson n 0 a, c .I j y z E 0 N Force Instructors David J Pecchia, Director of Public Safety /Chief of Police Kent Strege, Captain Karen Anderson, Community Relations Coordinator (promoted to Community Relations Coordinator on 03/01/08) f Bill Hammes, Sergeant Fo Kelly McCarthy, Sergeant J Kyle Leibel, Sergeant C!) Chris Bragelman, Sergeant Mike Rumpsa, Sergeant Tim Ross, Officer L. Brandon Young, Officer (Assigned from patrol to Elementary SRO on 09/01'0 • Steve Wagner, Officer ✓ Mitch DeMars, Investigator Dale Hager, K9 Officer O Melissa Hagert, Officer (Left on military assignment 02/08) Mike Monson, Officer Adam Halverson, Officer N Wayne J. Wegener, School Resource Officer CMS L Vince Klosner, Officer Curt Boehme, Officer V Tim Noll, Officer (Assigned to MGSF on 01/01/2008) William Owens, Officer (DARE Officer as of 01 /01/08) O Pete Noll, Officer Terina Peterson, Officer Jackie McIntosh, Officer Zach Johnson, Officer Chad Schirmers, Officer Dan Thill, Officer Joel Martin, Officer (returned to LLPD from Wright County S. O. on 09/15 0 O Jon Gray, Community Service Officer UMatt Paulson, Community Service Officer Kristin Wills, Community Service Officer (hired on 05/21/08) Isaac Tuma, Community Service Officer (hired on 05/21/08) mJackie Bowdich, Records Technician 0 Lori Hawkinson, Records Technician Team Policing As a part of the department's on-going commitment to the Community Oriented Policing Philosophy we continue to incorporate "Team Policing" into our strategy. Officers are as- signed to one of three teams to address specific problems in their geographical area of the city. Each team consists of officers who possess specialized training in various areas of po- lice work. The teams are responsible for proactive crime prevention projects and problem, solving strategies to increase the quality of life for all Lino Lakes residents. CENTRAL TEAM — Sergeant Bragelman Officer Tim Ross Officer Mitch DeMars Officer Dale Hager Officer Vince Klosner Officer Tim Noll Officer Jackie Foley Officer Dan Thill Community Service Officer Kristen Wills SOUTH TEAM — Sergeant Leibel Officer Mike Monson Officer Melissa Hagert Officer Joel Martin Officer Curt Boehme Officer William Owens Officer Terina Peterson Officer Chad Schirmers Community Service Officer Jon Gray WEST TEAM — Sergeant Rumpsa Officer Brandon Young Officer Steve Wagner Officer Adam Halverson Officer Wayne Wegener Jr Officer Zach Johnson Community Service Officer Isaac Tuma Team Policing Areas N F�ftk� r� ue+ +t+ri �eR N +f i�x�r►�n�. u�nmu.�nnl I€ CI I _ I l _-r ■ur..- am..NIINI .1r - VD OMti I,tl■1.4111U 14 CITY OF CEhI7ERVtLLE • r • • • is _...::MAIN ▪ i:∎i i Lari MCI Team Policing Areas City of Lino Lakes TEAM POLICING AREAS 1 CENTRAL TEAM SOUTH TEAM WEST TEAM COUNTY PARK MARCH 71, 2 IIR TKDA 2008 Volunteer Activity Volunteers are an integral part of the Lino Lakes Police Department. The serve the depart- ment and the community in many ways. In 2007, we had \ olunteers participating in all aspects of day to day operations including: * Police Reserves * Law Enforcement Explorers * Chaplain Program * Public Safety Citizens Commission * Community Emergency response Team * Emergency Management * Front Office Administration * Investigations Month Reserve Hours Chaplain Hours 1/1/2008 170.5 2/1/2008 148.25 384 213 3/1/2008 4/1/2008, 5/1/2008 377 6/1/2008 202.5 7/1/2008 184 1 8/1/2008 199 9/1/2008 179 10/1/2008 Volunteer Hours by Department Explorer Hours 5 193 -4— 3 194 4 t 352 , 158 7 198 8 i 1 168 32 59 20 97 586.5 6 1 425 1 5 52.5 0 12 684.5 PSCC Hours In-house Volunteer Hours Interns 30 52 0 19 43 40 35 54 40 ' 0 21 44 40 , 205 684 27 35 40 ' 204 888 CERT 0 Total Volunteer Hours 450.0 447.25 869 I 0 . 14 i 319 1 29 40.5 28 1 , 5 i 526 i 24 38.5 0 61 102 i 18 49 40 134 11/1/2008 203.5 1 5 142 2 33.5 40 , . 74 ! _ 12/1/2008 299 f 4 1 121 1 18 38 , 40 i 15 _ 4 -I- _ Totals 2819.75 71 i 2898 260 539 300 830 Translated into dollar value: 629.5 833.5 610 500.5 535 7717.75 The value of volunteer time is based on the average hourly earnings of all production and non- supervisory workers on private nonfarm payrolls (as determined by the Bureau of Labor Statis- tics). Independent Sector takes this figure and increases it by 12 percent to estimate for fringe - benefits. 2007* dollar value of a volunteer is S19.51 an hour 2008 dollar value of volunteer hours at the Lino Lakes Police Department S150.573.30 (* 2008 volunteer values not yet released by the Bureau of Labor Statistics) New Initiatives in 2008 In March of 2008 the Lino Lakes Police Department took strides to strengthen the community involvement in Public Safety. The number of volunteers and the number of hours they vrere donating to the police department continued to increase. The organizational structure was adjusted to create the Community Relations Coordinator which became a command level position. This reflects the importance of the development and coordination of A olunteer involvement with the police department. Through this move the utilization of volunteers throughout the organization can be coordinated '. so their time and skills are put to the best use Coordination of current volunteers as well as recruitment of future ones is now accomplished through one focal point. Service delivery was enhanced in May of 2008 v<-hen the police department went from 2 part- time Community Service Officers (CSO) to 4 part-time CSO's. CSO's are college students enrolled in law enforcement / criminal justice programs that are employed 20 hours a week. Their duties expanded from the standard ordinance enforcement and animal complaint handling to direct involvement in COP / POP. Each CSO was assigned to a specific geographical team and tasked with crime prevention projects that provided opportunities for greater positiv=e contacts with the residents and business owners. Expansion of neighborhood and business crime watch groups is just one of the successes of this initiative. The CSO s also spend part of their hours assisting the front office staff They enter records, transcribe tapes, prepare investigative files and their presence in the front office has allowed the police department to expand the front desk work week service hours to 10 hours a day. This expansion of service time has pro en very beneficial for those residents that need to interact with front office staff beyond the normal 8 — 4:30 hours. Staying open until 6 pm was on an initial trial phase, but due to its success it has been continued. The Minnesota Gang Strike Force (MGSF) is made up of representatives from several law enforcement agencies. The main function of this unit is to investigate gang related criminal activity. Since January of 2008 the Lino Lakes Police Department has assigned a sworn officer to the MGSF. The department receives a $50,000 grant annually to offset the cost of having an officer there. During 2008 officers from the LLPD worked alongside the MGSF which provided learning opportunities for the LLPD officers. An investigation coordinated between the LLPD and the MGSF resulted in the arrest of a male for running a large marijuana growing operation in Lino Lakes. The MGSF investigator has also identified several documented g=ang members that reside, visit or work in our city. The education provided by the connection to the MGSF has resulted in a greater understanding of gang influences here in Lino Lakes. The Crime Free Multi - Housing program is designed to help owners and managers of rental properties keep drugs and other illegal activities off their property. The purpose of this program is not to serve the landlords, but to educate them and their tenants to improve the livability of the rental property by reducing crime. This program is honesty direct. solution oriented. and its design has proven effective in reducing crime on rental properties. Rental properties place larger numbers of people into more dense areas, thereby increasing crime opportunities. It is found that adequate protection of public health and safety will improve in those developments that are certified under the Safer Tenants And Rentals (STAR) program. The corresponding cttt ordinance was enacted in 2007 with implementation taking place m 2008. The purpose of thi " program is to protect, preserve and promote the public health, safety and general welfare of the City of Lino Lakes, to prevent crime in the City and to provide for the administration and enforcement of the STAR program. Lino Lakes Police Department in 2008 Ongoing Successes Volunteer Program - Enhanced and expanded the volunteer program with over 7,700 hours do nated to the city by volunteers in the police department. The volunteer program added fifty-five new members: ten Reserve Officers, four Explorers, thirty- -nine CERT members, and two regu- lar in -house volunteers to help in the front office and with investigations. Five neighborhood Crime Watch groups were added for a total of seventy -four groups in the city. Fifty neighborhoods throughout the city held National Night Out celebrations ranging from fifteen participants to over three hundred participants. Neighborhood Crime Watch -It is essential that all citizens of Lino Lakes be aware of the importance of crime prevention programs and the impact that residents can have on reducing crime and drug abuse in their community. Neighbors were urged to start or join a Crime Watch group in their neighborhood. Crime can shatter a neighborhood and create a climate of fear and mistrust. People may withdraw into their homes. Then as isolation increases, so does crime. Crime Watch groups learn ways to keep their homes and neighborhoods secure. We provide` a monthly newsletter "10 -8" to keep our Neighborhood Watch Groups informed about criminal activity in their neighborhoods, provide public safety related information, and an update on the activities of their police department. CRIME WATCH 0 Public Safety Citizens Academy (PSCA) -This academy gives participants an opportunity to experience training similar to the training offered police officers and firefighters. The Lino Lakes Police Department, along with Centennial Fire District, held its eleventh annual Public Safety Citizen's Academy. This is a seven week program providing participants with an opportunity to participate in training similar to what new police officers and fire fighters experience. The program encompasses department histories and organization, patrol and investigation division functions, use of force, self - defense tactics, PTO - Police Training Program, DARE, Crime Prevention, handcuffing techniques, traffic enforcement, high risk vehicle stops, firearms, car fire simulator, use of fire extinguishers and emergency management. Participants learned about the philosophy of community policing, wore the protective gear used in . fire fighting, investigated a fire, watched a mock robbery, and had an opportunity to describe the suspect. A tour of Central Communications, the Anoka County Dispatch Center, was also provided. The main goal of the program is to increase citizen awareness of the Lino Lakes Police Department and Centennial Fire District, and to allow interested citizens insight into modern day policing and firefighting. National Night Out- On August 5, 2008, the entire Lino Lakes Police Department gathered for roll call at 5:00 pm. Twenty three other groups joined us to visit neighborhood gatherings. Every vehicle was loaded with 3 -4 people, along with give -aways for the children and crime prevention materials for the adults. Each vehicle was assigned to visit certain parties and by 5:30 pm they were off and running. Thousands of citizens gathered at fifty different parties an additional 6 parties from 2007). A highlight of National Night Out 2008 was creating a community service project that NN ould benefit local citizens. Since it was so close to the start of school, officers came up with the idea of helping local needy children go back to school with all the school supplies they needed. We named the project "Pack a Backpack" and we asked each block party to collect school supplies at their Na- tional Night Out events. The neighborhoods collected thou- sands of school supplies and a huge number of back- packs. The generosity of the citizens was overwhelm- ing and they helped over 250 local needy families. National Night Out 2008 proved to be a huge success and the connections that were made that night between the residents of the City of Lino Lakes, MN and the Lino Lakes Police Depart- ment will serve to prevent crime and strengthen our Community Oriented Police philosophy. 12 Youth Safety Camp - The Youth Safety Camp increases a child's knowledge and awareness of all aspects of safety, while providing a fun experience. The camp is set in an informative and fun environment. The 2008 Youth Safety Camp was the 15h annual and the fact it was full to capacity is a tribute to its ongoing popularity. The program is intended for children entering 4th grade. This past year we once again offered it to 135 campers. Conducting, the camp is a joint effort between Police, Fire and Parks and Recreation Departments. Held the second Thursday in August, the program increases a child's knowledge and awareness of all aspects of safe while having a fun experience. The subject matter covered at the camp includes: first -aid, bike, fire, drug, water, personal, electrical, and outdoor safety. The camp is set in an informative. but fun and exciting atmosphere. The camp fee includes lunch, shirt. special given «ays and an awards ceremony at the end of the day. Senior Safety Fair The Lino Lakes Police Department joined together with the Centennial Fire District and Chain of Lakes YMCA to present the second annual Safety Fair for seniors. 85 seniors participated in the event at the Chain of Lakes YMCA where they heard presentations on personal safety, fire prevention, exercise, and preventing falls. After the presentations, the seniors were served lunch, received door prizes, and par- ticipated in break out sessions on interne safety, self defense, light exercise, and emergency 911 cell phones. 13 Business Crime Watch - The goal of the Businesses Crime Watch is to create stronger bonds between members of the business community and the police department v\ ith the end result being crime prevention. The goal of crime prevention will be achieved through employee training on a variety of topics that affect area businesses. In working together, all members of the Business Watch will benefit from obtaining up to date information on cringes and possible criminals that strike in our city through a Business Watch Notification System. The Lino Lakes Police Department partnered with several local business and conducted training in forgery, fraud, robbery awareness and prevention and self defense. The Lino Lakes Community Service Officers work with the business within their assigned geographical areas. Junior Citizens Academy - The fourth annual Junior Citizen's Academy provides instructions on public safety to students at Centennial Middle School. Students learned how to fingerprint a crime scene, use of force, defensive tactics, first aid, personal protective clothing. fire extinguishers, crime prevention, DWI prevention. K -9 demonstration, the Police Explorers and much more. The Junior Citizens Academy provides officers with another avenue topositively influence juveniles in our area. Internship program — The police department once again utilized service learning interns through the development of a partnerships with Metropolitan State University School of Law Enforcement and Century College` . Students benefit from getting a first hand look at all the work that goes into making a community oriented police department successful. The depart- ment benefits by reinforcing its commitment to education and the interns help create an atmosphere where progress and new ideas are welcomed. Monthly Seminars On the second Thursday of each month throughout 2008, the Lino Lakes Police Department held free educational seminars for the public. Topics of the seminars included: Self- Defense for Women, Adult Drug Awareness, Identity theft prevention, teen driver safety, snowmobile safety, hunting safety, child safety, and internet safety. The seminars will continue throughout 2009. 14 LLPD Roll Call Cable TV Show - A cable television show produced by the Lino Lakes Police Department helps educate the public on safety issues is shown on North Metro Cable 15. Teen Driver Class -The Lino Lakes Police Department offered a free seminar for families z pith teen drivers. Driver's Education classes teach teens the basics of drivinga car. This seminar is designed to go more in depth on ways to be a safe, conscientious driver. Teen drivers and a parent or parents were invited to attend this seminar where they learned about the PRIVILEGES, RESPONSIBILITIES, AND CONSEQUENCES of driving. The seminar covered risk factors for teens, an overview of the graduated licensing program, parental involvement, the golden rules to follow when you are stopped by the police, and DUI prevention for both teens and their parents. In addition, the Lino Lakes Police Department partnered with the Centennial School District bringing the Teen Driver Class to the Drivers Education Program. The class was pre- sented during five Drivers Education classes to over 150 Centennial students. Friends and Fitness Program The Lino Lakes Police Department held the 'Friends & Fitness" program again aimed at middle school girls. Lino Lakes police officers. along with girls from the Centennial High School, met with middle schools girls to exercise and talk about the pressures of adolescence and the challenges it brings with peers. school, family. and themselves. Friends & Fitness is a group where girls can feel free to express themselves, be themselves, and build their confidence. This is achieved through self - esteem enhancing life - lessons, discussions, and running in an encouraging, non judgmental atmosphere. The participants met weekly at the YMCA and ran along the city trails. Traveling Educational Classes - We have increased the number of educational classes that are provided to the community focusing on crime prevention topics. Officers have been requested to present information at conferences and meetings all over the state for which we charge a fee to cover our expenses. These traveling education classes give officers an opportunity to improve their public speaking and presentation skills while positively promoting the City of Lino Lakes. 15 Child Passenger Safety -In an effort to assist parents and children in making vehicular travel safer, the Lino Lakes Police Department participated in training several officers as Child Safety Seat Technicians. The officers completed training in the proper installation and use of child safety seats and restraint systems in vehicles. Officers assisted area parents and answered frequently asked questions regarding child passenger safety. Child Safety Seat Clinics v, ere held at various times throughout the community. Crime Prevention Through Environmental Design (CPTED) This program acknowledges that the environment can influence the citizen's ability to exercise control over their surroundings. It is natural for humans to take more interest in something they own. Designing an environment which clearly delineates our private space does two things. First, it creates a sense of "ownership" which fosters behavior that challenges abuse of that space or un«anted acts in that space. Owners have a vested interest and are more likely to challenge intruders or report them to the police. Second, the sense of owned space creates an environment where "strangers" or "intruders" stand out and are more easily identified. Natural surveillance is a concept based on the fact that most criminals don't want to be observed while committing crimes. We need to create environments where there is plenty- of opportunity for people engaged in their normal behavior to observe the space around them. Areas can be designed so they are more easily observed by yourself and others. It is possible to create, by design, an atmosphere in which the criminal feels uncomfortable and exposed. The Lino Lakes Police Department has a commitment to working with everyone tv .preye crime from occurring in our city. Increasing the community awareness on how to BY DESIGN" makes for a happier and more prosperous community to live and work In -house Training/Use of Force: The Lino Lakes Police Department developed in -house training exercises to increase the flexibility on when training can occur and have control over the quality of both our firearms and use of force training. In -house training enables the department to tailor the training to the needs of the agency and to address issues in the community. One of the many innovative training sessions offered in -house to Lino Lakes Police Officers is the S.P.E.A.R. system of self defense. The S.P.E.A.R. SvsternTM (Spontaneous Protection Enabling Accelerated Response) is a scientifically researched and medically reviewed personal defense measure that exploits the body 's natural responses to violence and danger. This survival mechanism, dubbed: startle flinch response has been scientifically integrated into a series of neuro- muscular drills that teaches individuals how to convert their instinctive reactions into protective and combative tactics. The Lino Lakes Police Department initiated our in -house training /use of force in 2007 and based on our success it is now being implemented County wide. 16 2008 Volunteer Groups Public Safety Citizen's Commission - Members of the Lino Lakes Police Department continued their work with citizens the Public Safety Citizen's Commission. The purpose of this committee is to provide a formal structure to share information and offer an opportunity for officers and citizens to provide feedback on police department topics and issues. Members of this committee review and analyze topics of community concern, share information with the community related to the police department, provide feedback on potential police department improvement initiatives, offer advice on pending policy considerations and are communicators to policy makers on police issues and concerns. Members of this committee are Daryl Bartsch, Karen Bye, Lyle Bye, Lynne Crupi, Bob Ficcadenti, Howard Hill, Vince Lechrnan. Lisa Miller. Tony Robeck, Mary Strohmayer, Judy Warren, Chief Pecchia, Captain Strege. Officer Mitch Demars. Officer Adam Halverson, and Karen Anderson. Together they logged over 260 Volunteer hours. Police Reserve Program - The Lino Lakes Police Department Reserve Officer Unit continued their longstanding dedication to community service by providing 2,867.75 volunteer hours to the Police Department. . The Reserves help the department and the community by: • Assisting officers on patrol, transporting prisoners, providing traffic direction._ conducting neighborhood and business check. and performing bike and 4 -wheel patrol. • Representing the police department at school and community functions, such as: carnivals, parades, DARE, graduations. • Assist with National Night Out, the Senior Safety Fair, the Youth Safety Camp, Police Department Open House, and Public Safety Citizens Academy • Participate and assist with role playing at department trainings, CERT training sessions. and Explorer trainings. • Providing assistance for the Turtleman Triathlon race. • Assisting with the Anoka County DWI Task Force • Assisting the cities of Blaine, Coon Rapids. Anoka and Mounds View with their annual festivals. Reserve Officers are trained in first aid, traffic direction, defensive tactics. patrol tactics weap- ons training, vehicle lockouts, report writing, and use of police radios. 17 Explorer Program -The 2007 -2008 Lino Lakes Explorer Post had 17 members ranging in ages from 14 — 20. The Lino Lakes Explorer Post trains in several areas including interview and interrogation, traffic accident investigation, traffic stops. street decisions (shoot/don't shoot), domestic crisis, crime prevention, arrest and search, hostage negotiations, emergency field first aid, white collar crime and burglary response. At the State's 2008 Police Exploring competition at Breezy Point_ the Lino Lakes Explorers had 16 participants and competed in several practical competitions. Among the hundreds of teams participating in the events, we are proud to say that one of our teams placed 3rd in the interview and interrogation competition. Another Lino Lakes team placed 5`1' in an academic session entitled "riot control." Additionally, two Lino Lakes Explorers obtained individual awards in the pistol shoot and the 5K run. In addition to the state competition, the Lino Lakes Explorers assist our department, and others, with many needed functions. They help out with delivering neighborhood pamphlets and other "door to door" duties. They also participate in the National Night Out celebration and the Lino Lakes Police Department Open House. Furthermore, in 2008 the assisted the Blaine Police Department with parking and security at the 3M Golf Tournament. The Explorers have donated 2,898 hours to the department in 2008. This year the State's Police Ex- ploring competition will be held in Rochester. The Post has planned to have the remaining 15 members and four advisors attend the competition, which is on April 23`d through April 26th. Chaplain Program -A good police officer knows when situations require backup. Whether an officer of the Lino Lakes Police Department is requested to deliver a death notification, respond to death scenes or other crisis situations, Larry Strombcrg or Cindy Lannon are on call twenty -four hour a day ready to respond. Larry has been with the Lino Lakes Police Department since May- of 2003 and Cindy joined us this year. Community Emergency Response Team (CERT): Beginning in April and September of 2008, the first two training sessions for the Lino Lakes Community Emergency Response Team took place. CERT was formed to train citizens for disaster response situations. A ten member CERT board comprised of citizens and members of the Lino Lakes Police Department and Centennial Fire District coordinate and oversee Sub - committees of the board handle financial, equipment and training needs. During 2008, thirty-nine members went through an eight -week training program on Tina nights from 7:00- 9:30pm. The training sessions included: disaster preparedness, fire safety,' disaster medical operations, hght search and rescue, CERT organization, disaster ps },chology, and terrorism and CERT. The last week of class the members participated m a final scenario at the Lino Lakes Senior Center where they used all the skills they learned to rescue role - players during a simulated disaster situation. The members then were treated to cake and coffee during a CERT graduation ceremony to celebrate their accomplishments and commitment to the Lino Lakes community. COMMUNITY EMERGENCY RESPONSE TEAM Once the first CERT class graduated, monthly trainings were set up to keep the members active and engaged in the program. The first monthly event we hosted was a CPR certification course w: which was taught by an instructor from the Centennial Fire District. The next ongoing training involved a mass search and rescue effort to locate a lost child. CERT members were able to work with Lino Lakes Police and Reserve Officers, Police Explorers and the Centennial Fire department in a unified command setting similar to the environment if an actual disaster occurred. During the second CERT training sessions, the members from the first class helped with the trainings as role players. Through role - playing, they were able to bring their own experiences to the new members and help them through the training. In December, we brought both groups together by hosting an appreciation dinner in the community room and began planning for 2009 CERT monthly training. We have scheduled our third CERT training session for September, 2009. In -house volunteers— The Lino Lakes Police would not run as efficiently as it does without the help of these dedicated citizens. In -house volunteers work in several facets within the depart- ment and help with several tasks that would otherwise not be completed in a t ?rie13 manner. Volunteers help with filing and data entry, evidence logging and maintenance, transcription du- ties and training. In -house volunteers have logged over 839 hours in 2008 at an estimate - ings to the department of $16,369. Grant Programs Target Grants: The Lino Lakes Police department has an on -going relationship with the Target Corporation: The Lino Lakes Department has been awarded grants in previous years and in 2008 applied for and was awarded a National Night Out grant and a Youth In Need grant, National Night Out ''Grant– The partnership that was formed between the Lino Lakes Police Department and Target Corporation for National Night Out has carried over into an ongoing beneficial working relationship. In 2008, we were awarded $20000 in grant money to purchase paper products to be supplied to block parties that helped support our Lino Lakes National Night Out celebration. Youth in Need Grant —In 2008, The Lino Lakes Police Department was awarded $1,000 to assist in forming a partnership with the Alexandra House to reach out to youth in need in our community, specifically youth who are either victims of domestic violence or witness violence in their homes, and runaway youth. The money was used to support the partnership with the abuse shelter and pay for the costs associated with providing follow -up services necessary for the operation of the program. The costs involved in the follow -up will also assist in the identification of youth caught in the cycle of domestic violence and help them get the services they so badly require. Alcohol Compliance Grant - In June of 2008 the police department vy as awarded a grant from the State of Minnesota Alcohol and Gambling Enforcement Division. The grant targets the en- forcement of alcohol compliance checks at licensed liquor establishments. Grant dollars are used for wages paid to underage purchasers participating in the compliance checks; and "buy money" used to purchase alcohol in the compliance checks The Lino Lakes Police Department checked all of the establishments that sell alcohol on three occasions in 2008. Prior to each compliance check. letters are sent out to the business and they are advised that the check will occur within the month. Businesses are pro\ ided the opportunity' to conduct a training class with the Lino Lakes Police Department prior to the checks to ensure that each of their employees are adequately trained in preventing minors from obtaining alai hol. All of the establishments in Lino Lakes passed all three of their compliance checks with the ex- ception of the following; Bobby and Steve's failed on _August 29, 2008. 2' Anoka County DWI Task Force Grant -The Anoka County DWI Task Force continued through 2008. This pilot program aimed at impaired drivers was initiated in Anoka County in May, 2007. This project was designed to be high visibility, coupled with aggressive enforcement ef- forts. The goal is to remove Anoka County from the 15 deadliest counties list in Minnesota. Currently Anoka County is the third deadliest county for alcohol related crashes and fatalities (2005 -2007 Minnesota Department of Public Safety Impaired Driving Fact Sheet). In 2008 Anoka County realized a 33% reduction in alcohol related fatal crashes from 2007. While this is a tremendous accomplishment, there is still more v ork to do. The Anoka County DWI Task Force is federally funded by the National Highway Traffic Safety Administration (NIITSA) through the Minnesota Department of Public Safety. It is estimated that approximately 1.5 mil- lion dollars will be spent in Anoka County over the next 3 years on this program. The program is being carefully monitored by NHTSA.''Since the beginning of this new program, several states have begun to adapt the program started here in Anoka County . Some of these states in- clude, Michigan, Texas, Wisconsin, Oregon, Washington, Iowa and Utah. Others are expected to follow Anoka County's lead. In Minnesota, Ramsey, Rice, Sherburne, Stearns. and fit. Louis Counties have all adapted this program. Members of the Lino Lakes Police Department have been instrumental in developing and implementing the program. Sgt. Bill Ilam:mes is one of the programs co- authors and is responsible for a large portion of the programs day -to -da■ opera- tions. Forty Eight Anoka County DWI Task Force operations have been conducted during 2008 within Anoka County. Eight of these operations focused specifically in Lino Lakes. Local, county and state officers working this project have compiled the following statistics: • Arrested 546 impaired drivers • 8,856 vehicles have been stopped • 399 drivers have been cited for driving without a driver's license • 100 warrant arrests • Seized 42 vehicles to be forfeited as a result of impaired driving • 51 drug arrests • 2,200 traffic citations • 367 seat belt citations • 7,895 warnings issued • Of the 8,856 vehicles that were stopped in 2008, 400 of these were found to have a designated driver operating the vehicle for an impaired driver. Safe and Sober -The department has joined with the other 10 agencies in Anoka County to de- ploy officers utilizing an overtime grant to enforce traffic laws. For the 2007 -2008 fiscal year, a $41,000 grant was awarded Anoka County Law Enforcement agencies. Agencies will work in their own jurisdictions as well as joining together for saturation patrols in each of the participat- ing agencies respective jurisdictions. This stepped up enforcement effort is focused on reducing speeders, and strict enforcement of seat belt laws. Specialized Police Units There are four part-time Community Service Officers. In 2008, their duties expanded from the standard ordinance enforcement and animal complaint handling to direct involvement in COP / POP. Each CSO was assigned to a specific geographical team and tasked with crime prevention projects that provided opportunities for greater positive contacts with the residents and business owners. The CSO's also spend part of their hours assisting the front office staff. They enter records, transcribe tapes, and prepare investigative files. Other responsibilities include: public fingerprinting, police depart- ment tours, ordinance and parking enforcement, prisoner transport. traffic control, public assist calls, prisoner monitoring, animal complaints, vehicle lockouts, and child passenger seat safety checks. Animal Control -The City of Lino Lakes enforces the animal control laws by utilizing the Community Service Officers, and they are assisted, as needed, by the police officers. The duties of Animal Control include investigating barking dog complaints, animals at large, animal annoy- ance complaints, animal bites, abuse, assisting with dan- gerous or injured animals and enforcement. The city renewed their contract with Otter Lake Animal Care Center in Lino Lakes to provide animal services. The department responded to the following Animal Control related incidents in 2008: Total Incidents -289 Dog Bites -13 Barking dog complaints -40 Dog at Large Complaints -130 Dogs impounded -54 CSO Jon Gray CSO Kristen Wills Code Enforcement - Officers and CSO's are responsible for code enforcement. Code Violations Enforced in 2008 Blight 13 Fireworks 21 Illegal Burning 28 Illegal Dumping 8 Junk Vehicle 51 Noise Complaints 63 CSO Isaac Tama 22 Police Canine Program— In the Fall of 2003, officers from the Lino Lakes Police Department visited several of our city's businesses asking for donations to start the city's first Canine Pro- gram in 20 years. Our officers were overwhelmed at the generosity of local business owners and managers. Their willingness to support our cause was awesome and the police department is very grateful for the contributions which were made that year. We are proud of the fact that our community's businesses cared enough about the success of the Canine Program that collec- tively they donated over $28,000. This support made the creation of our Canine Unit possible. Officer Dale Hager and his canine partner are trained in apprehension, tracking_ nar cotics detection. A contest was held at Rice Lake Elementary school to name the nev canine. Many students entered the contest and the name Recon \\ as the oVerwhelmint choice. Recon .: was proud to assume his new name. Since it's inception, the Canine Unit has conducted several tracks for people, narcotic detection activities, and has assisted our officers in building searches. Recon has also been in- strumental in providing for the safety of his human partners. In addition. the Canine Unit has given countless presentations in the community to schools, business groups, civic groups, etc. The Canine Unit has been a positive addition to the Lino Lakes Police Department and the Lino Lakes Community. 2008 Lino Lakes Police Canine Activity: • 79 Drug related assists in and around Lino Lakes • 136 Training exercises conducted • 18 Canine Demonstrations to over 1,500 people including National Night Out • 10th in Narcotics Trials • 5th in Patrol Dog Trials • Recon hit on an item in a suspects possession that lead to officers locating 23 grams of co- caine and 21 grams of methamphetasnine in a residence in Lino Lakes Officer Dale Hager and Recon Drug Abuse Resistance Education (DARE) - The Drug Abuse Resistance Education (DARE) program was created in 1983 and is a program where police officers teach classes to students on drugs, alcohol, tobacco, and making healthy decisions about life. The DARE program is an ex- cellent opportunity to create a positive relationship between the community's children and the Officers of the Lino Lakes Police Department. Since 1997 the Lino Lakes Police Department has participated in the DARE program with local elementary schools. DARE Officer William Owens met with over 300 students from the Rice I ,ake Elementary School, Lino Lakes Elementary School, and Blue Heron Elementary School on a weekly bask for twelve weeks. Officer Owens and the students discussed was to avoid dangerous situations involving drugs and alcohol and how to say "No!" should one be presented with drugs or alco- hol. They also discussed strategies for making healthy decisions and picking good friends. At the end of the DARE program there was a graduation program in all three schools where the families of DARE students had the opportunity to hear exceptionally done DARE essays and watch their student be presented with a DARE diploma and be congratulated by the school and police department leaders. Emergency Management - Emergency Management is responsible for the operation of Cit'; Government/Public Safety during an emergency whether the emergency is natural, technological or a terrorist act. The Lino Lakes Police Department operates under the National Incident Management v stem, ' (NIMS) during an emergency. Sgt. Mike Rumpsa continued his training to become certified" emergency management. Chief Dave Pecchia and Captain Kent Strege maintained their' certifications as emergency managers. The police department is responsible for completing` and updating the emergency plan to incorporate the Homeland Security challenges. The Lino Lakes Police Department continues to participate in training and drills with agencies that would be likely to respond to actual emergencies in the city. During 2008 we in- corporated the CERT team into training scenarios to better integrate them into our respons any type of disaster that may present itself. The process of designing, executing and ev drills allows participating agencies to test their current level of readiness as well as def that need improvement. The utilization of outside observers ensures that we will get a i picture of our abilities. We can design a plan to respond effectively to various situations; d have proper documentation in place to ensure any available funds from the Federal Emergency Management Agency will be able to flow to the areas needing assistance. Active Threat Response - The Active Threat Response is comprised of all officers from the Lino Lakes Police Department. The officers are trained to respond to critical incidents involving an active shooter in businesses, government buildings and schools within the Crt■ of Lino Lakes. The Active Threat Response training was conducted regularly at various locations throughout the city. Training consists of two hour segments which involve "role playing" scenarios that the unit may encounter. The unit also trained with the use of a variety of firearms at indoor and outdoor ranges to maintain their firearms proficiency. Area school officials have been ve supportive of the active threat response concept and assisted us with our training scenarios at their schools. We continue to review incidents that happen and shape our training to best meet the types of threats that develop. Police Officer Training Program (PTO) -The PTO process is 16 weeks long and consists of four phases. Phases A -D are each three weeks long and there is a different training officer for each phase. In addition to the four phases, there is a two week mid -term evaluation and a two week final evaluation. The PTO program offers some cutting edge opportunities and challenges for our new officers as they implement problem based learning principals that are unique to this program. Upon successful completion of the program. new officers transition to solo patrol for the remainder of their one year probationary period. Officer Joel Martin went through the PTO Program in 2008. Youth Resource Officers — In our on -going commitment to crime prevention and incrc:a'in7 communications, the Lino Lakes Police Department has officers dedicated to our middle school and our elementary schools. Not only do the officers provide a safe learning environment for the students, they also help educate students and staff. Youth Resource Officers serve as positive role models as they teach classes on everything from internet safety to crime prevention. This rotating assignment gives officers a chance to approach prevention in different ways and improves officer's communication and relationship building skills. The Youth Resource Officer is one of the most visible positions in the department. Officer Wayne Wegener Centennial Middle School Youth Resource Officer Cops, Kids, and Books Officer Brandon Young Lino Lakes Elementary, Blue Heron Elementary, and Rice Lake Elementary Schoolsy Youth Resource Office; Officer Young started the Cops, Kids, and Books program at the three elementary schools in Lino Lakes this year. This program gives police officers an opportunity to read to children in classrooms during the school day. The books are usually chosen by the class and usually include topics of safety and making good choices. The program encourages the importance of reading and at the same time develops relationships between officers, students, and staff. The program has been utilized by several of the teachers as a method to bring attention to current class discussions. Topics commonly brought up during the school year; such as. making good choices, kindness, cooperation, bullying and being good citizens are all part of the reading process. Current readings have included the Gooney Bird Greene series. Junie B Jones, Flat Stanley, and Corduroy the Bear. This has been a fun and vv orth «hi1e endeavor inspiring kids to read. 26 Awards and Recognition The Lino Lakes Police Department always expects a high level of professional performance from its employees. All department members can nominate peers and volunteers the feel have exceeded the high standards of the department. In 2008, the following employees were selected for Certificate of Commendation awards: Month Employee, January March April May June July August September October November December Monthly Award Recipients: Volunteer Reserve Officer Tonv Robeck Sgt. Bill Hammes Investigator Mitch DeMars K -9 Officer Dale Hager Officer Steve Wagner, Officer Wayne Wegener Reserve Officer Matt Nelson, CSO Matt Paulson Investigator Mitch DeMars Officer William'' Owens Officer Terina Peterson Sgt. Kelly McCarthy, Sgt. Chris Bragelman, Officer Terina Peterson, Officer Zach Johnson, Officer Chad Shirmers Officer Curt Boehme Sgt. Kelly McCarthy Officer Pete Noll Officer Brandon Young Officer Mitch DeMars CERT Board Members Karen Halvorson. Vince Lechman. Jeff Jarvela, Craig Katz, and Maribeth Stephens All of the dedicated Reserve Officers Maribeth Stephens Police Explorer Lisa Miller Reserve Officer Andy Bennett Reserve Officer Matt Nelson Reserve Officers Ken DeFresne And Keith Meier Reserve Officers Ken DeFresne And Matt Peterson Reserve Officers Greg Lewis. Ken DuFresne, Tone Robeck, and Jesse Clark 27 2008 Quarterly Awards, 1st Quarter 2008 Recipient- Investigator Mitch De Ma Awarded to Investigator Mitch DeMars for his outstanding pursuit of organizational goals. His commitment to strengthening the Lino Lakes Police Department volunteer program by taking an active role in CERT, the Reserve Unit, and the Public Safety Citizens Commission is exemplary. Mitch's investigative skills have been instrumental in bringing complex cases to successful completion on several occasions. Through his expertise and dedication to the mission of the Lino Lakes Police Department, Investigator DeMars has set an example for all others to follow. 2nd Quarter 2008 Recipient — Officer Dale Hager Awarded to Officer Dale Hager for his un- selfish dedication and commitment to making the concept of the Problem Re- sponse Team a reality at the Lino Lakes Police Department. Through his hard work and unbridled imagination, coupled with the teamwork and expertise of his fel- low officers, he has been able to lead the organization in making the Lino Lakes community the safe place it is to live to- day. Officer Hager's efforts are highly commendable. 3rd Quarter 2008 Recipient — Officer Tim Noll Awarded to Officer Tim Noll for his exceptional commitment and service to the Lino Lakes community through his service as an investigator with the Metropolitan Gang Strike Force. During his tenure as an investigator, he has developed informants, identified previously unknown gang members living in the Anoka County community. Officer Noll has personally shared his expertise and knowledge through training Lino Lakes police officers in the art of surveillance, informant development, and gangland type activities. The knowledge he has shared will significantly benefit the Lino Lakes Police Department in furthering crime prevention efforts in the City of Lino Lakes. 4th Quarter 2008 Recipient - Office Chad Shirmers Awarded to Officer Chad Schirmers for his exceptional police work when responding to a burglary. His hard work and persistence led to identifying a suspect, taking the suspect into cus- tody, conducting an interview, obtaining a confession, and recovering the stolen property. Officer Schirmers' diligence and determination enabled him to build a solid felony case against the suspect. return the property to the rightful owner, and solve the burglary. This incident is a mere example of Chad's dedication and commitment to the citizens of Lino Lakes. 29 National Night Out Award The City of Lino Lakes received a National Award for outstanding participation in `America's Night Out Against Crime' from the National Association of Town Watch and Target Corporation. POUC6-(A)MMUh1 fY YARTNFRSHIP. National Award 2008 Recognizing Outstanding Participation In 'America's Night Out Against Crime' 1'rcacyt;cd Ly LINO 1...1N. Community Service Award Officer Terina Peterson received a Community Service Award from the Minnesota Association of Women Police for her Friends and Fitness Program. Terina was honored for her exceptional commitment to helping teenage girls in the Lino Lakes community. 3 Training and Education Members of the Lino Lakes Police are required to attend continuing education to keep their Police Officer License active. In addition to mandatory training members of the department also attend training on their own time. We believe that this commitment to education, both mandatory and voluntary, is one of the many things that set the Lino Lakes Police Department apart from others. Some of training that officers attended through the Lino Lakes Police Department: Missing and Abducted Children Understanding Islamic Terrorism Interview and Interrogation Understanding Landlord /Tennant Disputes Managing Property and Evidence DARE Instructor School Sergeants Leibel and Bragelman successfully completed the Northwestern University School o Police Staff and Command on March 21, 2008. Sergeant Kelly McCarthy successfully completed the FBI National Academy on December 12th 2008. Members of the Department who are pursuing higher education outside of the department: Capt. Kent Strege Completed his Masters Degree in Administration of Justice at Louisville Karen Anderson continued with the Masters in Organizational Leadership program at Bethel Sgt. Kelly McCarthy completed the Leaders of the New Millennium program at the College of St. Catherine's. Sgt. Chris Bragelman continued the Bachelors of Law Enforcement program at Metro State Uni- versity Sgt. Kyle Leibel continued the Bachelors of Law Enforcement program at Metro State University Officer Wayne Wegener continued his Masters of Public Administration at Hamline Officer Brandon Young completed Emergency Medical Technician training Members of the department also continue their education by participating in committees and advi- sory groups. Participation in these groups provide education and networking opportunities on a va- riety of topics. Here are some of the committees and groups that members of the Lino Lakes Police Department participated in 2008: Anoka County Peer Counselors Law Enforcement Memorial Association End of Confinement Review Committee Fire Investigation Team Domestic Abuse Response Team Christmas Committee Cops and good Guys Forest Lake Youth Service Bureau Minnesota Law Enforcement Explorers Officers Association Metro Emergency Managers Association Association of Minnesota Emergency Managers YMCA Board 31 Patrol Fleet Lino Lakes Officers patrol the city in a variety of ways. Cars for standard patrol. trucks for patrolling in adverse weather, snowmobiles for lakes and trails in the winter and bikes for the summer. Crown Victoria CSO Truck Mountain Bike To)'ota Celica Obtained Through D\ \1 Forfeiture 32 7900 7800 7700 7600 7500 7400 7300 7200 7100 7000 6900 Department Call Statistics The following are graphical representations of the departments calls for ser. ice. Ei Calls for Service 7766 7538 900 800 700 600 539 500 400— 300 —,''. 200 - 100 —v 0 74x1 -8 T-208 731-8- 2004 2005 2006 2007 2008 ANOKA COUNTY CENTRAL. RECORDS 2008 Monthly Calls for Service 454 632 53.0_1 359 774 768 698 678 631_628i ANOKA COUNTY CENTRAL RECORDS 3_ a� c _ o go z U 5,000 4,100 3,200 2008 Traffic Citations 4,573 3.506 2,300 1,978 1,400 I .340 500 2004 2,026 I 2,458 —_ 2,585 1,200 2005 2006 2007 Year Anoka County Records 2,581 13 2008 ■ Citations Warnings 300 250 200 150 100 50 0 236 239 110 94 228 230 90 46 2004 2005 2006 2007 2008 ANOKA COUNTY CENTRAL RECORDS —Property Damage Car vs. Deer - Personal Injury — Fatal Calls for Service by Frequency - _Belo\ (excluding traffic citations). is a list of the ten most common calls for service'' Call Type 2004 2005 Suspicious Activity 1111 1575 Alarms 414 368 Traffic Accidents 356 393 Thefts 307 276 Public Assists 239 247 Medicals 286 34 Driving Under the Influ- ence 203 158 Domestic Assaults 146 119 Drugs/Narcotics 145 116 Other Assaults 88 : '= 83 878 734 413 338 349 351 246 293 254 241 364 344 164 116 140 94 Uniform Crime Reports— The following statistics are from' 'e 2007 Uniform Crime report from the Bureau of Criminal Apprehension (BCA). The Bureau of Criminal Apprehension has the responsibility to collect activity information from the law enforcement agencies throughout the State of Minnesota. Crime data and information submitted by municipal and county law en- forcement agencies is collected on a daily and semi -daily basis under the Minnesota Criminal Justice Reporting System program. The data is arranged in two main classifications, Part I crimes and Part II crimes. Part 1 Offenses reflect information on eight "serious" crime classifi- cations, and it is generally referred to as the "Crime Index" measurement. Part II Offenses are represented by twenty "less serious" crime classifications. The eight crimes represented in the Part I Offenses include murder, rape, aggravated assault, robbery, burglary, larceny, motor ve- hicle theft, and arson. Part II crimes are forgery /counterfeiting, fraud, embezzlement. stolen property, other assaults, vandalism, weapons. prostitution, other sex offenses, narcotics, gam- bling, family /children, DUI, liquor laws, disorderly conduct and other offenses. The 2007 BCA Uniform Crime Report can be viewed in its entirety online at http: / /ww- w.bca.state.mn.us/ CJIS /Documents /crime2007 %5 Cmci200 7.pdf Crime report at a glance— Lino Lakes Crime rate per 100000 Part I= 1,279 Part II= 3,432 Combined 4,710 Summary =The City of Lino Lakes currently has the Lowest Part I, Part II, and Combined crime rate of any city in Anoka Count-. The breakdown of incidences of Part I and Part II Crimes for the City of Lino Lakes for the last five years that information was available. Part I Crimes: Larceny 294 248 198 227 183 Burglary 41 43 35 35 40 2003 2004 2005 2006 2007 Aggravated Assaults 15 15 8 Motor Vehicle Thefts 19 7 14 20 1 1 Robbery Arson Part II Crimes: Vandalism Driving Under the Influence Liquor Violations Weapons Disorderly Conduct Assaults Narcotics Family Domestics Fraud Stolen Property Forgery /' Counterfeiting Other Sex Offenses Other Offenses 1 1 0 168 117 140 116 74 94 106 165 70 49 57 56 57 65 54 79 61 100 92 65 83 5 0 26 35 35 49 51 11 4 1 7 7 10 21 10 18 10 4 1 5 3 10 299 78 64 59 36 Population Population, Number of Police Employees, and Crime Rate The Bureau of Criminal Apprehension collects data regarding number of police employees in relation to population. For 2007, the last year statistics are available. the Lino Lakes Police De- partment had 28 employees for a population of 19,554. The fallowing table compares the num- ber of employees to population of cities in our data group. The third column is the combined crime rate per 100,000 for each city. City Anoka Chaska Columbia Heights Elk River Forest Lake Hastings New Brighton New Hope Lino Lakes 17.7:6 . 22,973 18.231 21.472 17.#69 21.050 20,877 20,432 19,554 Number of Police Employees Combined Crime Rate 33 27 29 40 27 32 34 36 28 10,702 5,306 14,492 10,954 7,619 7,397 6,581 9,211 4,710 37 The following is the Crime Index Rating for Part I crimes in the City of Lino Lakes and other cities in Anoka County. Bold type denotes the lowest Crime index Rating City by year listed. CITY 2003 2004 2005 2006 2007 Lino Lakes 2,165 1,716 1,372 1,517 1,279 Andover 2,605 2,770 2.779 2.186 Anoka 3,979 4,037 4.687 4,908 ' 4,891 Blaine 5,074 5,174 4.897 4,818 4.267 Centennial Lakes 2,518 2,210 1.692 1,951 1.659 Columbia Heights 5,111 5,641 6.458 6.030 6,472 Coon Rapids 4,810 4,960 5,084 4,788 5,102 East Bethel 3,609 3,817 3,997 2,430 Fridley 5,562 4,916 6,023 5,581 6,193 Ham Lake 3,331 3,896 5.119 2,941 Hilltop 12,804 10,606 15,762 14,414 14, 77 Ramsey 2,726 3,432 3,546 3,843 3.321 Spring Lake Park 4,876 4,944 6,004 6,903 5,635 St. Francis 4,091 3,818 3.737 2,667 _ 3,470 The following is the Crime Index Rating for Part II crimes in the City of Lino Lakes and other cities in Anoka County. Bold type denotes the lowest Crime Index Rating City by year listed. CITY 2003 2004 2005 2006 2007 Lino Lakes 4,383 3,497 3,118 3,372 3,432 Andover 5,077 4,272 4.651 3,590 Anoka 5,768 5.614 5,043 6,499 5,811 Blaine 7,436 7,357 7.633 6.919 5.843 Centennial Lakes 6,174 5,890 5.550 5.395 4,772 Columbia Heights 9,204 8,542 9.623 8.420 8,019 Coon Rapids 7,013 7.138 7,287 6,944 6,385 East Bethel 5,643 5,052 5,893 3,989 Fridley 10,671 6,883 9,940 10.280 9.808 Ham Lake 5,058 4,625 5.513 3.904 Hilltop 29,577 20,455 23,707 20,463 22,222 Ramsey 4,319 4,472 5.354 5.416 4;685 Spring Lake Park 12,415 8,809 10.055 10.624 10,276 St. Francis 10,403 8,222 8,951 7,601 7.513 38 Budget The majority of the police budget is dedicated to wages and benefits. The cost of salaries, benefits, and operational items for Animal Control are included in the police budget. Capital Outlay expenditures include office equipment and furnishings, radios, radar units, systems technology and major purchases. Operating Costs include office . sup- plies, telephones, printing /publishing, conferences, training, DARE program, Crime Prevention/Safety, postage, uniforms, fuel, mainte- nance contracts, equipment parts, labor repair, and insurance. Squad cars are purchased with certificates. Distribution of 2009 °©lice Budget (53,101,308 Total Expenditures) 3.30 City of Lino Lakes Annual Budget. Persona) Services Supplies Other Services an: Charges el Contracted Ser/ices C 7 itat O utiay .� i z 2009 UtJ:!Ij I Jt.&':'....iir "'I1 iglu- r I� _41 -+ es r - � item . � I1111� ilia a� On ���I��IIIIII,I _ .� ....... J 1 ���y ��n ISi fii.rru4'u f L �MYnuu ��� r: 4111111111: d , -,"'' 11111111IIIIIIIIIIIIIor - �..ml ■■.IIa -- �nnu�l ��i ..i�'I ■in gi i1nro 1 11 otq 1� �. IIIIIIII I'� °. -...: a �1�,.$ ih1111 p == CId�1..7.1 I�'' •U r -nom= City of Centerville ttt Ili II �_.._.._.._.._.. A \k7- Dann Centerville i i 7 1 1 "=1111/- 2030 Future Land Use Map City of Lino Lakes 2008 Comprehensive Plan Update N 4,000 0 4,000 Feet Municipal Boundary Permanent Rural Urban Reserve Low Density Residential Medium Density Residential 1111 High Density Residential MI Commercial Mixed Use Industrial IN Civic /Institutional all Park/Open Space Private Airfield Rig ht -of -Way Open Water ( I i Y LN • L`KES February 27, 2009 Prepared by Bonestroo K >activework /Gisserver /000586 - 06001 -0 Iinolakescomplan2030flu.mxd 1 5▪ 3• ; • .•�.�L. •�aa .....ii -.• alual_a.x •Aa J -JAL 1JI.1.5li1.1 YJLL1 lJLLI OJAI LJAY JJNJ.L Y JAL 11 • • • IJ.NLL 110JLL • itr •••a• • • • • • 14 • • •• E • • • moo•• . Peltier Lake ti • • • "7 ▪ 153 • • L4c St _f, . Z • ai 4 Peltier a T''..\(---------- —A Lake , NY +••.11 _•_L•111La L • /I •lY<• •A1llLA41JLA•LAIJ iAt!lJJy • • City of Centerville .1 y Rice Creek Chain of Lakes Regional Park Reserve Centerville Lake Main St. ( 14 7 ..,rar• • . ▪ • r. •• •••• .• Baldwin : Lake • a • c • 0 m � a : a 0 64th 5t., • . :• A....; • o Cedar; —' La Ise �; T I-�: Ash St.: i I_ o, nib -I{ I r. • •,11••Amelia 1,ake • • •. Otter Lake • ••. • •1 Utility Staging Map City of Lino Lakes 2008 Comprehensive Plan Update N 4,000 0 4,000 Feet Stage 1A Planned Service Area (2008 -2015) Stage 1B Planned Service Area (2015 -2020) Stage 2A Planned Service Area (2020 -2025) C..."; Stage 2B Planned Service Area (2025 -2030) „Stage 3 Planned Service Area (Post 2030) ,,,; No Service Area Municipal Boundary MCES Interceptors Regional Park Reserve Wetlands Open Water Right -of -Way RN 1,..• KES February 27, 2009 Prepared by Bonestroo K: /activework/Gisserver/000586- 06001 -0 linola kescomplan /staging. mxd ai to rn a) 11 ere hill Munn m r1.1_ • ES -_ Q J ci George _ Watch 1 23)x•'• Lake I f Marshan 1 Elm St. i Lake I Rice Creek 1 Cha'ri of Lake ,✓ 1 Regionai Par1k Re rve cl e** Rice 1 o'• Lake _ •..__ ./ ! {,I .•— \ . \ L._.._ . ) .....1 Baldwin i Lake f ti �.I /i c / • I `L.. 1 1 Qi. i Reshanau Lake 4.0 _ Alta V3. Lt. w CU Rondeau Lake aJ 110J o � "I. 1 r Pelti r Lake 80th St. E. 54 Peltier Lake .1111■ City of Centerville,,;, p Ilt_ ®® ? j„ ruin ®r. � — niiiminm Centerville Lake Main St. .1. li 1.1.1 �.._.� ai a�• — isg3L$t. W ••I..f r_.. ..y •i�` j 1 gli!id-, BirchSt, .._ ._ .i 34 1...n II ■■ ti_.._.. • : All i_.._: =Imo 4th 1 I El Mild rIli11111 I,4 :; f, II Jo= 6 1111 Amelia Lake Ash S III " '••t 'j -t Otter 1..) I -I �6 (/� Lake / ! 1111 ■ n� 140 ••■••J • z Cedar Lake Z LI Planned High Density Residential and Mixed Use in 2020 Service Area City of Lino Lakes 2008 Comprehensive Plan Update EJ 2020 Service Area Boundary High Density Residential Mixed Use 4,000 0 4,000 Right -of -Way Feet Open Water February 27, 2009 Prepared by Bonestroo K: /activework /Gisserver/ 000586 - 06001 -0 linolakescompla n2020 HDR n MU.mxd • CIT Dell yard 4i MU.1G 1 Work g55601 fa OF IN KE Memorandum To: City Council From: Paul F. Bengtson, Associate Planner Date: February 25, 2009 Re: March 9, 2008 City Council Agenda Item 6A KI Auto — Outdoor Sales Lot Attached is the staff report for Item 6.A. on the regular agenda of the March 9, 2009 City Council meeting. This item will be discussed at the March 2, 2009 work session, under the regular agenda item portion of the meeting. This report and its attachments are great in length and therefore I felt it was prudent to get the report out to you as soon as possible. Included as an attachment are the draft minutes of the Planning and Zoning Board meeting. As you read those minutes you will note that a number of residents spoke about the issue, and there may be significant public attendance of the work session and regular meetings. Additionally, the applicant and property owner have approached staff with a preliminary discussion of purchasing the property to the east and expanding their operations. A preliminary plan may be available at the work session. This issue is separate from the regular agenda item request (Comprhensive Plan Amendment, Rezoning, and Conditioinal Use Permit), but the council may feel it is appropriate to discuss the concept of expansion. STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A. Paul Bengtson March 9, 2009 Resolution No. 09 -13 Comprehensive Plan Amendment to Commercial Rezoning to General Business Conditional Use Permit for Outdoor Sales Lot (Auto) KI Auto - 909 Maple Street The property at 909 Maple is 13,393 square foot in area and is currently developed with a 3,057 square foot building that is occupied by an Auto Body Repair Shop. The metal building on the site was approved via a Conditional Use Permit in 1983. This Conditional Use Permit was then amended in 1991 to allow the operation of an automotive body shop in the existing building. The applicant is now requesting to add automobile sales to the property, while still maintaining the main use of the site as an automotive body shop. This will require that the Comprehensive Plan's future land use designation for the property be changed from Low Density Sewered Residential to Commercial, that the Zoning be changed from R (Rural) to GB (General Business), and that an Outdoor Sales Lot Conditional Use Permit be approved by the City Council. This request was accompanied by a Certificate of Survey and a `Plan Sheet' that combines the information of a Site Plan, Grading Plan, and Utility Plan. 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. Site Auto Body Shop Low Density Sewered Residential Rural • North Residential Sand Blasting Low Density Sewered Residential Rural General Business South Residential Low Density Sewered Residential Rural East Vacant Low Density Sewered Residential Rural West Residential Low Density Sewered Residential Rural KI Auto Page 2 of 19 • • • • • In order to make the review of this request easier, the staff report is broken into 5 sections. Section 1 Comprehensive Plan This section covers the land use designation request, and the issue of timing as related to the 2030 Comprehensive Plan. Section 2 Zoning This section covers the rezoning request. Section 3 Conditional Use Permit — Outdoor Sales Lot This section covers only the new request to add outdoor sales of automobiles to the site. It lists the findings that must be made for a Conditional Use Permit and the conditions specific to the use of `Outdoor Sales Lot'. Section 4 Conditional Use Permit — Existing CUP for Automobile Repair This section covers only the existing use on the site, as allowed by the Conditional Use Permit 91 -01. The conditions of that approval are listed, and reviewed. Section 5 Conditional Use Permit — Automobile Repair (current ordinance) This section reviews the current ordinance requirements for Automobile and Truck Repair (including body shop). The zoning ordinance requires that a site be brought into compliance with the current ordinance when there is a change of use on that site. The proposed addition of automobile sales means the use on the site has changed and it is appropriate to impose all performance standards of the zoning ordinance on the site. KI Auto Page 3ofl9 For the purpose of reviewing the land use request, a map depicting the land use designations of the surrounding area is attached at the end of the report. The site is currently designated by the Comprehensive Plan for Low Density Sewered Residential. Commercial development is not allowed within that Comprehensive Plan designation. As previously mentioned, the site received an Amended Conditional Use Permit that allowed the existing automotive body shop to operate on the site. As this type of use would not be allowed today in the Low Density Sewered Residential areas of Lino Lakes, it is considered a non- conforming use of the property. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles. That use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The General Business zoning district is only allowed in areas guided Commercial by the Comprehensive Plan. The current draft of the 2030 Comprehensive Plan indicates the subject property as being changed to Commercial; however this is still a `draft' document as it has not been approved by the City Council. Furthermore, the Metropolitan Council has informed the City that it will not review Comprehensive Plan Amendments until the update has been reviewed and approved by the Metropolitan Council. The applicant was informed of this issue, but wished to proceed with this application. Staff would recommend that no changes be allowed to occur on the site until the Metropolitan Council has approved any changes to the land use plan as a part of the 2030 Comprehensive Plan. KI Auto Page 4 of 19 to de • • sr For the purpose of reviewing the rezoning request, a map depicting the zoning of the surrounding area is attached at the end of the report. The site is currently zoned R (Rural), and commercial development is not allowed within that zoning district. Again, the Amended Conditional Use Permit approved the use of the existing building as an automotive body shop. As this type of use would not be allowed today in the R (Rural) zoning district, it is considered a non- conforming use of the property. The City of Lino Lakes has three commercial zoning districts, Neighborhood Business, Limited Business, and General Business. These districts allow a range of commercial uses, and increase in intensity of commercial activity with General Business allowing the most intense. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles, and that use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The purpose of the General Business zoning district is defined in the ordinance as follows: There are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. The subject site is outside of the MUSA boundary area, and the nearest city utilities are approximately 4,500 feet south of the site at the intersection of Lake Drive and Main Street. The site is surrounded on two sides by properties that are zoned, guided, and developed with single family homes. As such, staff is recommending that this portion of the request be denied and the site be examined further to determine what zoning district is most appropriate for the site. As for the findings that need to be made to support a rezoning, the zoning ordinance lays out the following for consideration by the Board: KI Auto Page 5of19 The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 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. For this rezoning to be consistent, the proposed and use amendment, or the 2030 Comprehensive Plan would need to be adopted by the City Council and accepted by the Metropolitan Council. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is adjacent to properties that are guided, zoned, and developed with single family dwellings. The General Business zoning district allows the most intensive commercial uses under the zoning ordinance. As this site has no room for buffering of the residential uses, one of the other commercial zoning districts would be more appropriate. 3. The proposed use conforms with all performance standards contained herein. The site is currently deficient in regards to several of the conditions of the existing conditional use permit, including the lack of pollution control measures, the lack of a curb along the west side of the building, and the lack of a hood on the exterior lighting. The addition of auto sales would also push them well below the parking requirements of the ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. As the site is not served by city utilities, it will not overburden the city's service capacities in that regard. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Maple Street is not developed to an urban street standard. It does not have curb and gutter and is only 22 feet in width. While this can handle the traffic of the two businesses and 9 homes that are present on Maple Street, it is not conducive to adding additional commercial uses. Additionally, all on- street parking is actually occurring on pervious surfacing that may be allowing pollutants to permeate the soil. KI Auto Page 6of19 M • op The applicant has proposed to operate an outdoor automobile sales lot in conjunction with the existing automotive body shop business. This use requires a conditional use permit in the GB (General Business) zoning district. According to Section 2, Subdivision 2 of the Zoning Ordinance, The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a) The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The existing Comprehensive Plan designates the site for Low Density Sewered Residential development. The applicant is requesting, and the 2030 Comprehensive Plan currently proposes, that the site be guided for Commercial development. The Comprehensive Plan includes Commercial Policies that require adequate and appropriate landscaping according to community requirement and from adjacent residential development. The Commercial section of the Development Framework specifically discusses the commercial areas of the city that are surrounded by residential land uses. In such occasions the property is required to be `designed to compatibly coexist with adjoining residential areas'. The comprehensive plan calls these `Neighborhood Commercial' areas, which would coincide with the Tess intensive zoning district title `Neighborhood Business'. b) The proposed development application is compatible with present and future land uses of the area. The site is surrounded on two sides by property that is guided, zoned and developed with single family residential. c) The proposed development application conforms to performance standards herein and other applicable City Codes. The site would require 19 parking spaces to operate in the manner described by the applicant. Only 14 spaces are shown on the submitted site plan. Below is a calculation of the parking requirements under today's ordinance. This was calculated on the most liberal basis possible, counting each garage door as a single bay and counting the land area required by the conditional use permit (1,900 square feet) and a 100 square foot estimate for office. KI Auto Page 7 of 19 on Use Requirement Factor Spaces Auto Repair 2 spaces per bay 5 bays 10 Auto Sales 4 per 1,000 sf of sales area, plus 1 per 2,000 sf of land area. 2,000 sf 9 Total Spaces Required 19 Spaces Provided 14 d) Traffic generated by a proposed development application is within the capabilities of the City. The site is deficient in parking spaces, and the city is already aware of on- street parking issues even without the necessity of parking spaces associated with automobile sales. e) The proposed development shall be served with adequate and safe water supply. The site has an onsite well, and city utilities are not in the area. f) The proposed development shall be served with an adequate and safe sanitary sewer system. g) The site has an onsite septic system, and city utilities are not in the area. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The city has no immediate plans to provide city utilities in the area; however a need for utilities has already been demonstrated in the area. h) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Automobile sales should not increase these issues over the existing auto body shop. KI Auto Page 8 of 19 • • • • er i) Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The property is not believed to have any potential impact on natural, scenic, or historic features of the city. In addition to those considerations, the specific conditions listed with the Outdoor Sales Lot are as follows: Outdoor sales lots (not outdoor storage) provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.Q of this Ordinance. While the site is fenced as required by the zoning ordinance, it does not include much in the way of plantings. The City Council may waive plantings due to grade constraints, however that is not an issue on this site. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. The building on site is large enough to meet this requirement, even though only a small office at the front of the building is intended to be used for the sales operation. c. The entire sales lot and off - street parking area is paved. The submitted plans depict paving for the entire off - street parking area and the area designated as the `sales lot'. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. The plans show 1,900 square feet of sales area designated in the southwest portion of the parking lot. This would allow up to 5 cars to be displayed on the site at one time. e. A perimeter curb is provided around the sales /parking lot. The submitted plans depict curb existing in some areas, and to be added in other areas. The applicant has requested that these improvements be allowed to occur when weather allows. KI Auto Page 9 of 19 f. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subdivision 4.F of this Ordinance. g. The light on the southwest corner of the building does not appear to meet this requirement and must be corrected regardless of the outcome of this application. The applicant is not proposing any additional lighting. Materials for sale shall be displayed in an orderly manner and shall not constitute junk as defined by this Ordinance. Due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. KI Auto Page l0 of 19 • • • • • • As previously mentioned, the site has an existing Conditional Use Permit that originally allowed the construction of a metal building in 1983, and then through a 1991 amendment also allowed an automotive body shop to occupy the property. The applicant is proposing to change the use on the site by adding an automotive sales lot. It is therefore appropriate to review the existing Conditional Use Permit to determine if all conditions have been met, and if the proposed expansion of use necessitates amendment to the existing conditional use permit. As such, below are the conditions placed on Conditional Use Permit 91 -01: Conditions Placed On This Amended Conditional Use Permit: 1. Remove the present wood fence. Replace it with a six foot high board on board bend, 1) observing the front property line, and 2) extending the entire length of the side lot lines. The fence indicated on the site plan satisfies this condition. 2. Downsize the driveway to 26 feet. Replace the gates across the driveway and remove the advertising sign from the gate. The new gate should swing in and not into the street right -of -way. The driveway was reduced, a sliding /rolling gate has been added to the site, and there is no sign on the gate /fence. 3. One professionally constructed sign should be permitted on the building meeting all requirements of the city's sign ordinance. The building has one sign on the south elevation that is in conformance with the sign ordinance. This is depicted on the photos submitted by the applicant. 4. The dumpster should be removed from the front of the building and located in the southwest corner of the property. The dumpster was relocated, but is not shown on the site plan. 5. Clean the site of all windows, timbers, panels, metal, tires, and other material. All of the materials indicated in this condition were removed from the site. 6. Install the asphalt driveway and parking area as shown on the 1983 conditional use site plan. The 1983 CUP site plan depicted a small asphalt parking area adjacent to the building. Since the approval the site was developed with an asphalt parking area that exceeded that shown in 1983. KI Auto Page 11 of 19 on 4 - Gandy s 9,0U13 (contingoill 7. Locate a curb on the west side of the building to protect the metal exterior from automobile traffic. There is not a curb along the west side of the building. This will need to be corrected regardless of the outcome of this application. 8. Remove the recently erected 10 X 12 metal storage shed. There is not an accessory building /shed on the site. 9. All areas not covered with asphalt are to be seeded to grass. The site does have grass planting areas. 10. No outside storage of car bodies, frames, fenders, hoods, or "junked cars" is to be permitted. While this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions, the photos submitted show that the site is free of such items. 11. The unlicensed vehicles at the site are to be moved inside or removed from the property. Again, while this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions, the photos submitted show that the site is free of such items. 12. All outside lighting is to be hooded so no glare falls on the adjacent residential area. There is a Tight on the southwest corner of the building that does not appear to meet this requirement. This will need to be corrected regardless of the outcome of this application. 13. All other applicable requirements of the 1983 conditional use permit (as determined by the city's building inspector) are to be implemented. The 1983 CUP was for the construction of a metal building for the storage of items associated with the auto repair shop to the north of the site. That use ceased, and the subject property was eventually allowed to be used as an auto body shop in 1991. As such, the conditions of the 1983 CUP have little to do with the use of the site as it is today. KI Auto Page 12 of 19 4r) • fio • • • 14. The applicant must apply for all appropriate permits for previous improvements that were not paid for originally. It is believed that all permits have been obtained appropriately for improvements done to the site prior to this CUP being issued and since that date. 15. The city's building official will inspect the site in 60 days to be sure that all of the requirements have been completed. The CUP could be denied if all requirements are not completed. The site was inspected and the majority of the conditions were met at that time. Therefore the CUP was considered valid. 16. Four customer parking spaces will be allowed, two company parking spaces, and two personal parking spaces will be allowed. This is considered to be the parking requirements placed on the auto body use of the entire building /site. These were met by the 14 spaces shown on the site plan. KI Auto Page 13 of 19 As this request would change /intensify the use of the site, all uses of the site must be brought into conformance with today's ordinances and regulations. As such, the conditions of approval for an Automobile Repair Shop under today's ordinance are as follows: Automobile and truck repair (including body shops) provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. As this is an existing site, it is difficult to impose this condition. b. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. The site has bituminous surfacing and the plans include a curb barrier. However, the city has been made aware that there are existing issues with pollution control on the site. The EPA and Anoka County have been attempting to enforce pollution control measures on the site for an extended period of time and do not feel that appropriate steps have been taken. The largest concern is the control of pollutants in the stormwater run off from the parking area. Steps must be taken to separate pollutants from the water before it is allowed to leave the site. The drainage plan submitted by the applicants might help focus the run off and allow for easier filtration, but a firm plan for the filtration and maintenance of that system must be identified. c. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 1) Exterior wall treatment shall be similar and /or complement the principal building. 2) The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. 3) The trash enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash enclosure must be fully screened from view of adjacent properties. KI Auto Page 14 of 19 • • The site does not have a trash enclosure designated on the plans. This would likely lead to the removal of parking spaces as the location of the trash enclosure and an accessible route will take up a great deal of the existing parking area. d. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1 -15, as amended. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. e. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. f. All flammable materials, including liquids and rags, shall conform with the g. applicable provisions of the Minnesota Uniform Fire Code. This is a standard requirement of the Fire Code, and will be enforced on an ongoing basis in cooperation with the Centennial Fire Department. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Again, due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. h. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. The City Council should review this Conditional Use on an annual basis to determine if any modifications must be made. KI Auto Page 15 of 19 PUBLIC COMMENT Prior to the Planning and Zoning Board meeting, city staff received two phone inquiries in regards to this application and one written comment. The written comment is attached to the staff report and indicates a concern over the off - street parking in the area. It also raises the concern over pollutants as well. The phone inquiries included one indicating no concern over the application and another complaint in regards to the off - street parking situation. PLANNING AND ZONING BOARD On February 11, 2009 the Planning and Zoning Board held a public hearing on this request, and after much resident input and deliberation they voted unanimously to recommend denial of all three requests. The Board has not reviewed or approved the minutes from that meeting, but staff is attaching a draft of those minutes to allow the City Council to read all of the neighborhood input that was given during the public hearing. Additionally, a packet was submitted by a concerned citizen during the public hearing. This packet is attached for Council review. KI Auto Page 16 of 19 • • • so STAFF RECOMMENDATION Comprehensive Plan Amendment The city is in the middle of a very thorough review and update of the Comprehensive Plan. At this point the draft update guides this site and some of the surrounding area as Commercial. The information that has been submitted, this staff report, and the input of residents might trigger a closer review of this area, but because of the timing of this request staff recommends denial of the Comprehensive Plan Amendment. Rezoning This site is adjacent to single family residential dwellings and the existing use is already causing compatibility issues with the neighborhood. Allowing intensification by way of the permitted and conditional uses allowed in the General Business district will potentially make the situation worse. Upon adoption of the 2030 Comprehensive Plan, the city will need to review the zoning ordinance and map to ensure compatibility with the updated plan. Until that time, staff recommends denial of the request to rezone the property at this time. Conditional Use Permit As the proposed Conditional Use would increase the non - conformity of this property and the incompatibly with the surrounding area, staff recommends denial of the Conditional Use Permit for an outdoor sales lot. Per the Administration section of the zoning ordinance, if the City Council denies these requests, a period of 12 months must pass before the same requests can be submitted. ATTACHMENTS 1. Resolution No. 09 -13 2. February 11, 2009 Planning and Zoning Board meeting draft minutes 3. Zoning Map of surrounding area 4. Land Use Map of surrounding area 5. Site Photographs submitted January 20, 2009 6. Public Comment received on February 5, 2009 7. Public Comment submitted at the February 11, 2009 P & Z meeting 8. Certificate of Survey submitted January 12, 2009 9. Site, Grading, and Utility Plan submitted January 12, 2009 KI Auto Page 17 of 19 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -13 RESOLUTION DENYING A COMPRHENSIVE PLAN AMENDMENT, REZONING, AND CONDITIONAL USE PERMIT FOR AN OUTDOOR SALES LOT AT 909 MAPLE STREET. WHEREAS, KI Auto operates an existing automobile body repair shop at 909 Maple Street, which was approved via Conditional Use Permit in 1991, and; WHEREAS, the legal description of the property is The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota and; WHEREAS, the addition of an outdoor automobile sales lot is proposed on the site, which require a conditional use permit, a rezoning to general business, and a comprehensive plan amendment to change the land use designation of the site to commercial, as stated in the zoning ordinance and comprehensive plan; and WHEREAS, the City Council makes the following findings: 1. The City is in the midst of reviewing the 2030 Comprehensive Plan, which is both mandated, and must be formally accepted, by the Metropolitan Council before the City Council can adopt the plan and put it into affect. 2. The Metropolitan Council has informed the city that it will not review any comprehensive plan amendments until the 2030 Comprehensive Plan is adopted. 3. The subject site is outside of the MUSA boundary, is not serviced by municipal water and sewer, and is nearly one mile away from the nearest trunk connection. KI Auto Page 18 of 19 • • • 4. Section 7, Subdivision 3 of the zoning ordinance, which is titled 'GB, General Business', includes the following statement: "No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available." 5. The use `Outdoor Sales Lot' is only allowed in the GB, General Business zoning district. NOW, THEREFORE, BE IT RESOLVED that, based on the findings, the City Council denies the application for a comprehensive plan amendment, rezoning and conditional use permit for the purpose of adding an outdoor sales lot to the existing auto repair shop at 909 Maple Street. Adopted by the Lino Lakes City Council this day of , 2009. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2009. 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. KI Auto Page 19 of 19 • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE • February 11', TIME STARTED : 6 :46 P.l TIME ENDED : 9 :03 P. EMBERS PRESENT STAFF'PRESE. : Elizabeth Brady, Michael Ryden, Robert Nelsoi Brian Pogalz (Vice Chair), Michael Root SENT : Paul Tralle (Chair), Perry Laden aul Bengtson, Jeff Smyser, Jim Studenski I. CALL TO ORDER AND ROLL CALL: • II. Acting Chair Pogalz called the L at 6:46 p.m. on February 11, 2009. SWEARING IN OF APPOINTED Mayor John B . son s in newly apinted board member Elizabeth Brady. s Planning an + ing Board meeting to order Mr. Pogalz note • _, Pa lle was reap ted to the board but unable to attend the meetin• . Therefore, �,��s �: ` end a future meeting to swear in Mr. Tralle. IV. APP January 14, TES: sented. Mr. Root mad ``a MOTION to approve the January 14, 2009 Minutes as presented. Motion was supported by Mr. Hyden. Motion carried 4 - 0. (Brady abstained.) V. OPEN MIKE Acting Chair Pogalz declared Open Mike at 6:50 p.m. There was no one present for Open Mike. DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 2 Mr. Nelson made a MOTION to close Open Mike at 6:51 p.m. Motion was supported by Mr. Brady. Motion carried 4 - 0. VI. ACTION ITEMS A. PUBLIC HEARING for a Comprehensive Plan Amendment to change the land use designation from Low Density Sewered Residential to Commercial, Rezone from Rural to General Business, and Conditional Use Permit for an Outdoor Sales Lot, in order to allow the addition of automobile sales to an existing auto repair shop located at 909 Maple Street. Paul Bengtson, Associate Planner, presented the staff re Mr. Bengtson explained that the existing use of the use and as such the current use is allowed only increase to the current use, occurs on the site non - conforming the use, and no Staff's recommendation was that no char adopted the updated Comprehensive Plan. S further to determine what zoning district is the mo Bengtson added that a change o ; . n the site woul with the regulations of the current to until the Me ouncil has d "'.t the site be examined opriate for the site. Mr. ire the property to comply e. Staff received two phoned inquiries notice. The written the site, and was question abo ent include part of the type and c t as a result of the public rns a s s ° "- street parking and pollutants on ff report. e phone inquiries included a ern about the parking situation. Board members staff. were rezoned to General Business, then any type of use future — and if all conditions of the use are met, by e use on the site. In or to be zo site woul city sewer an with MUSA ar Conditional Use Permit to be granted, the property would have Business. In order to rezone the site GB General Business, the 'thin the current MUSA boundary and have immediate access to . Even though the draft 2030 Comprehensive Plan would do away , staff would seek to amend the zoning ordinance to prevent unsewered commercial development in a different manner. A variance for parking would be required in order to make the use legal. Lighting concerns were minimal after staff noted that no additional lighting was shown on the plans, and that the existing building light is directed downward and is not on all night. DRAFT MINUTES • • • • • Planning & Zoning Board February 11, 2009 Page 3 Hazardous Waste on the site was a concern. The applicant would need to renew their Hazardous Materials license with Anoka County, and the county would be responsible for enforcement. The EPA (Environmental Protection Agency) has been involved and the MPCA (Minnesota Pollution Control Agency) could be involved if there were any future concerns. The city does not license this type of business, however a required state license usually includes a zoning verification signature by the city. Applicant, Kevin Halversen, 9116 Lexington, MN, stated that engineer) Jim Studenski and Rud Land Surveying to addres lights on site are timed to shut off at 6:00 p.m. Their rec inside the building at night. He has had numerous dis aware of the negative concerns by staff. He spoke and spent money on plan review. He said that t listen to the concerns of the neighbors. He w them positive. He stated that staff told hi in the process of change. Mr. Halversen tat stated that vehicles get pulled inside the garage alt with (city ues. He said that the is kept in a can that goes staff but he was not ment and the state, on Auto, didn't issues and turn e city is e use. He tonal time by io he fire s owner, like to take the neg shoul • . e submitted an t he i;• really changi e``equested ad staff in order to meet requirements. He explained sales to become an onsite dealer. - . would lik the transactions. He explained tha : -' •tted surveyor, and met with the city engt Conditional Use Permit for the site. the business in the . . He spoke wit positive add -on 1 they are doing is adding the e the cars like a bank and do r� uested, hired a land a copy of the previous ed him that they don't want lann myser to try and make this a usiness. said they are in the used car and they want to do it right. He said they ghts. y are trying to get their license and do e to what tli ed that he business, not are not ch the right things. g successfu ant to sell or the ligh urveying, said he was asked to do a survey for the applicant. • cl ded a site plan, utility plan, and grading plan showing nts. ed that plans showed improvements including striping well a bituminous parking area. He stated that drainage on the t and into the street, and the plans will not increase the drainage there is no potential for pollutants. He said there are no ilities, adding that the sewer system will work as it does now. There is an o <fr f `eptic system with no storm sewer in the area fo site or the proposed part of the a ite and impro car sales area oward the s 'on. He s es t Mr. Halversen stated the septic system had been brought up to code. He tried to make sure things were done in a positive way. He asked that the board understand what it is like to be a small business owner. He is here to add on to an existing business to make it profitable. He said the State of Minnesota is okay with the proposal. Chair Pogalz opened the Public Hearing at 7:45 p.m. Kevin Hedgers, 862 Maple Street, distributed a compilation of points of concern from the residents of Maple Street. The residents are opposed to the proposed applications and all DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 4 but one resident was in attendance. (The documents are filed as part of the city's public record.) Maple Street residents were concerned that they were uninformed about a previous business change on the property. Staff explained that certain applications require a public notice, but a change of ownership does not warrant a notice to the neighborhood. Terry Johnson, 987 Maple Street, stated that although vehicles are kept behind the fence, they are in the road during the day and sometimes block the road. Richard VanCleave, 907 Maple Street, stated that he didn't .fit to " °aseak. However, he was upset that they were not informed of the business ch.= 1991. He said that he likes Ivan (of K.I. Auto) and he goes over there to tal en there are issues. He was not so concerned about the lighting. He stated th. : 's drives mss has cracks from trucks turning around in his driveway. He adde .. e.le some ". knock on his door as late as 11:00 p.m. asking about the b $ ess next door. He sp 'th Ivan who informed him that he is not a sales person, _ does i ix insurance co ars but he does not sell them. He doesn't like an o hat is g on. If he h own what was going on in 1991, he would have opposed i the irst time he ` as come to the city to make a complaint. He said that he was they the others to voice his concerns. He doesn't need people working door late at ni_ has resolved issues with Ivan in the past. Mr. Hedgers added concern about th hazardous fluids are .•.-, • t with in the Board memb c ann at it be posted that any licant to ads ss resident concerns. Mr. Halversen sta are no .z 11 cars as hours w. d be from 10:00 a.m. to 6:00 p.m. and they e could display a sign posting the hours and quietly. ` e said the "bus" on his property was used to haul cle went up for sale following a resident complaint. will n e R. - kept inside. He said that he will follow rules as stated oval. e stated that if the neighbors didn't like the use of the e bought it. He said they want to be productive and get along particular plans to expand the site. He acknowledged that d with turnarounds and parking. ycle materia recycling mat onditions of ey could He has occ m prop with pe situations Mr. Halversen plained that 15 different insurance companies contact them with cars that need repair, they in turn purchase the vehicles and resell them, and now they would like to sell the cars on the lot rather than going to an alternate location to transact the sale. Board Members commented that although they encourage local business, they must consider the effect to residents as well. They pointed out that the proposed change in business would increase the amount of traffic to the site. The current business is repair and not sales, therefore adding sales would increase the volume of customer traffic to the site. The Board asked Mr. Halversen if he plans to see a net change in the number of people accessing the site. Mr. Halversen replied yes, he hopes there is a big change and DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 5 • they are planning to have more people show up. He is looking to increase his business. Mr. Halversen stated he expects to sell approximately 30 cars per month on this lot. • • Mr. Halversen stated that they made no attempt to meet or discuss the situation with the neighbors. He said he did not want to disturb them. Board members suggested that it would have shown an effort on his behalf if he would have contacted the residents directly. Mr. Hedgers added that hazardous issues on the site do not follow the betterment of the city. Mr. VanCleave added that he feels the applicant is more ed about money than the impact on his neighbors and the community. Dennis Ramsden, 871 Maple Street, stated conc applicant gets this permit. cars be �_ .��.ped off if the Teresa Johnson, 987 Maple Street, stated con because cars are worked on in the street and flat that cars turn around in driveways, and was conce not get down the street. and to drive do ` "the street at t es in the st et. She added at ambulances and busses could Diane Schally, 892 Maple Street, st She complained about the noise espe only nine residents . a -! a street, and the neighborhoo + : lot of abu that the ex S ut on Mr. Root m Mr.Hyden. Motio g car business was there. pointed out that there are attendance. She stated that close the Pu earing. Motion was seconded by Mr. confo any car s es on the site had ceased for well over a year, id e n the site. Mr. Halversen stated he was not aware of enforcement steps will be made by staff to address the non- 'sting conditional use permit. Staff pointed: - t the property may not meet all requirements of General Business. The city woul of allow a new business to occur without sewer and water. As stated in the Comprehensive Plan, no new commercial/industrial areas will be created without sewer & water. Mr. Bengtson explained that an application fee and submittal materials are required in order for staff to process a review. He added that there most certainly were indications from staff that the application may be denied during discussions with the applicant. Mr. Bengtson wanted to clarify that a non - conforming use within the city can be reestablished if it reoccurs within a year, and the city is not required to notify the public. DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 6 However, if a use ceases to exist for a year, then starting that use again would require applications that include a public hearing. The city wants to reinstitute the condition of approval that would ensure that all conditions are being met and not causing issues with public welfare. A condition of approval can require annual review. Board members agreed that they want to see business survive in Lino Lakes. However, there are currently problems with the existing business being located too close to homes within a residential area. Board members agreed that there is an existing impact to ighborhood with the existing business. They hope that the neighbors and b , 4d ves er can continue to work together and get through their issues with the curre i t r air bus 4 on the site. However, board members agreed that an expans h'= busines ld increase the impacts to the neighborhood. They determines at this was not the ... "' .riate location for the proposed type of business. In addition, board members pointed out that if t _ ess "•ere approve • but fails, this would open up additional issues as to what future b .z,- ss could apply. Ms. Brady made a MOTION to re Amendment to change the land use to Commercial at 909 Maple Street. carried 4 -0. denial of the om Low rte Mr. Hyden m General Bu passed 4 -0. to recomme e Street. Mo hensive Plan ity Sewered Residential y Mr. Hyden. Motion denial of the Rezoning from Rural to as supported by Mr. Nelson. Motion recommend denial of the Conditional Use Permit for an lo the addition of automobile sales to an existing auto treet. Motion was supported by Mr. Nelson. Motion tdoor Sales fir shop locates' 4 -0. The Bo council if s. applicant that he can still pursue his application with the city Mr. Halversen ounced that he was displeased with staff and that he was uninformed about the prob ems with his application. VII. DISCUSSION ITEMS A. 2008 Year End Review Mr. Smyser noted that enclosed in the board member meeting packets was a summary of actions taken by the board in 2008. Mr. Smyser added that items approved DRAFT MINUTES • • • Planning & Zoning Board February 11, 2009 Page 7 • administratively by staff in 2008 were included on the reverse side of the report. • • B. Comp Plan Update Mr. Smyser updated the board on the progress of the 2030 Comprehensive Plan. He noted that some proposed changes were discussed at the council work session on February 2. He stated that a Public Hearing will be held at a future P &Z Meeting once all jurisdictions have commented on the plan. VIII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9•- . Motion was supported by Mr. Nelson. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES DataViewOnline Map Page 1 of 1 909 Maple - Zoning ~ ~� ' ^~~�~^~~ ^-^^'^"''%» :j6711 8741 8755 PINE ST 13388 PINE ST 826 844 862 0_/ OLIVE ST 822 832 838 842 8,50 < 8311 8*3 mmu ':� ORANGE ST 822 832 884 OLIVE ST 908 ^�n 660 8,,-1 r4 om' 884 861 869 877i 885 9071 09 8373 13345 � 13307 13411 8380 ORANGE ST 850 858 rz' ! |moc 906 908 — " °°"� | | | / 867 on uro 987 oor MAPLE ST 862 874 892 | 'eoo 8277 918 8281 8271 8255 Copyright SEH 2003 / 8298 ~ 8/ / 905 / / "7' xr�, / / 8251 / _/ / 8241 Legend Selected Features County Roads mterstateo Centerville City Limits City Limits Lakes Streets , parcel County Park 925 945 965 8340 985 M�� `---- Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. Rural N0��0 ��� General Business El R-1 (Single Family Residential) DataViewOnline Map Page 1 of 1 909 Maple - Land Use 6643 6661 6711 6741 6755 6805 13366 6849 PINE S1 PINE ST 862 884 908 8385 OLIVE ST 32 836 542 j 843 855 ORANGE ST 822 832 842 i I OLNE ST 860 864 868 874 878 , 884 III 1 -I-I 861 869 877 885 907 909 ORANGE ST 1- 850 858 (864 872 886 902 I 906 908 867 871I873 ( 987 1907 l MAPLE ST 11862 874 892 900 8277 8271 8255 8251 2003 8241 918 8281 91 8351 1 j Cr LU 2 ' p�J iiLU cr o fr 1 8322 13411 8380 8312 8298 2 � 1 p,+ Lu •s" ; 905 925 945 965 985 Legend EjSelected features County Roads lnterstates ,•• Centerville City Limits • ❑ City Limits Lakes Streets parcel County Park Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. Low Density Sewered Residential Commercial Park 11tt„c• //i rrtol op•binn nnm /cAl-1 el; n/htm1 / n /rrtora r,niit lrtrr SITE PHOTOS PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Half of Lot 4. AUDITOR'S SUBDIVISION NO. 138, Anoka County. Minnesota. -for- K.I. AUTO BODY 909 Maple Sheet Lino Lakes, MN. 55014 Tel: 651-784-2367 E. G. HUD & SONS, INC. `S 19n Professional Land Surveyors ww.eg ud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 DRAWN Br OW0 JOB N0: 08523L0 DATE: 01/19/09 CHECK BY: DWO SCANNED ❑ NO. DATE DESCRIPDON Paul Bengtson From: rent: Thursday, February 05, 2009 4:44 PM o: Paul Bengtson; Michael Grochala; Jeff Smyser; Marty Asleson; Pete Kluegel Subject: Concerned Lino Residents... To whom it may concern, I am writing this letter on behalf of some concerned Orange /Maple Street residents. We have noticed in the last couple months that a company located at 909 MAPLE STREET (believe its called A&I Autobody) has been abusing a public parking area located on the south side of Orange Street across from the Lino Cabnet shop and Sunrise Cafe. For many years, this location was utilized for parking and loading /unloading of local residents and businesses. This is what residents knew and what they are accustomed to. In the last month or so, A&I Autobody (909 MAPLE STREET) has started parking all their employee vehicles on Orange Street and walking over to Maple Street to the A&I Autobody shop. They leave the vehicles parked their all day and essentially hinder the area useless for any other residents and business /customers that utilized this area for years. At times they take up this entire area with 7 or more vehicles. The abuse of the area is just one item that concerns us. They have basically "taken over" the area without any regard to the local residents and businesses. The particular area in question is privately plowed, cleared and maintained by a few Orange Street esidents and businesses and has been this way for a very long time. The 909 MAPLE STREET (A&I Autobody) is not contributing to the improvement and maintenance of this area and in our opinion should not utilize /abuse it as they have their own area to park on MAPLE STREET (Where there business is). They need to pay /hire someone to have their own area cleared on their property and then they can utilize their own space at 909 MAPLE STREET like they did in the past. Another more major concern is A&I Autobody (909 MAPLE STREET) also rents outdoor storage space from the neighboring building to keep & sell "SALVAGE" vehicles (apparently they have a dealership license (legal or not) and sell "Rebuilt /Salvage vehicles "). These salvage vehicles are in pieces /disassembled and leak hazardous fluids into the ground which can contaminate the ground water we all use in the neighborhood (well systems in our area). I'm sure that Lino Lakes doesn't allow any sort of "SALVAGE YARDS" or "SALVAGE AUTO SALES" without licensing /regulation. Who knows if unsuspecting buyers even know they are buying a "REBUILT" vehicle that has been filtered through and sold as undamaged. Not something we really want our neighborhood associated with. There are also many days where toxic fumes come from the property on 909 MAPLE STREET and we cant imagine what kind of paint thinners and chemicals they pour /rinse down the septic tank into our ground. Many are concerned with the health impact this company may be causing to individuals as painting /autobody work has many toxic VOC's that cause cancer, asthma and other ailments. Im sure many residents would like their water tested to see if any of these chemicals show up, as this neighborhood seems to have terrible ground water (now worse than ever in the past 20 years). The business appears way too big for the property at 909 MAPLE STREET and in the opinion of many residents, it may be time for them to look for a new location which can deal with the volume of paint /body /salvage /car sales work they do. They were once very small volume and tolerable, but now its Ojust too much for our little neighborhood. It is our opinions that this company is an "outside group /non- resident" which exploits the neighborhood and does not contribute or co- mingle with the local residents. 1 Please help with the issue... Best Regards, 7oncerned Orange /Maple Street Residents. P.S. Please forward to appropriate individuals and keep this as anonymous as possible. We don't want to start any sort of "Civil War" with anyone. You can reply to us and we will spread your responses with the concerned residents. Windows LiveTM: Keep your life in sync. Check it out. 2 Opening Statement 41 o We the residences of Maple Street, in Lino Lakes, oppose granting any change at 909 Maple Street from: • Rezoned: Rural to General business • Conditional Use Permit Outdoor Sales Lot • From Sewered Residential to Commercial use • INFORMATION LOCATION: 909 MAPLE STREET EXISTING BUSINESS: BODY SHOP FIRST PUBLIC NOTICE GIVEN: QUAD COMMUNITY PRESS ON JAN 27, 2009 SECOND NOTICE : RECEIVED IN MAIL ON FEB. 4TH RESIDENCES OF MAPLE STREET MET ON SUNDAY FEB. 8111 TO GATHER INPUT CONCERNING REQUEST OF CHANGE: • FROM SEWERED RESIDENTIAL TO COMMERCIAL • REZONE FROM RURAL TO GENERAL BUSINESS • CONDITIONAL USE PERMIT FOR AN OUTDOOR SALES LOT Ttr wn Rr. :ww,. Lino Lakes, M,irtnestita S;t1 i F'fxmr, G 1 S:K2-2-1C • F3=: t:`,- 9E.2-24'- POINTS OF CONCERN • Placement of and number of Vehicles for sale • Loading /Unloading Zone (With car haulers or flatbed) • Customer Parking • Sanitary Sewer Status...Hazardous Material Disposal - Manifest Record: Referred to as "Chain of Custody" • 1, 2, or 5 year expansion plan? • City to enforce compliance with upkeep of property appearance? • Limited to cars and pickup truck sales? • Hours of operation for sales activity • 4 used car lot locations within a 2 mile stretch? POINTS OF CONCERN (continued) • • Some residences have had their houses on the market. Even though this is a difficult time for real estate, it becomes even more difficult because of the congestion on the end of the street. • • Complaints: 4 calls on record, however approximately three times that have been called in, but not as made as a matter of public record. • Other traffic concerns for business purposes, material delivery etc. • If these changes are permitted to happen on Maple Street, it could happen anywhere in our city. • Does a small group of concerned citizens really have any impact for change? If so, how are we kept informed as to any updates that may occur (outside this meeting), as this has happened in the past, only to find out details after the fact. CERTIFICATE OF SURVEY -for-- K.I. AUTO BODY 909 Maple Street Lino Lakes, MN. 5501.4 Tel: 651-784-2367 PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Holt of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota. • • • 0 ale c, LEGEND DENOTES IRON MONUMENT FOUND AS LABELED DENOTES IRON MONUMENT SET, MARKED RLSI 25341 DENOTES SEPTIC CLEANOUT OR PIPE DENOTES GAS ME ILK DENOTES POWER POLE AND OVERHEAD WIRES DENOTES EXISTING KEYSTONE RETAINING WALL DENOTES CHAIN LINK FENCE (TYPE AND HEIGHT AS LABELLED) DENOTES 6' WOOD PRIVACY FENCE DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE DENOTES EXISTING CONTOURS DENOTES EXISTING SPOT ELEVATION DENOTES DIRECTION OF EXISTING DRAINAGE 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the lo of the State of Mnnesota. DA W. OBERMILLER Dote: /hoa /.79 License No. 25341 15L181'1 "rp4 ss 104E807' DAMEL W. � OOEO.,.L LER 2:• -- -'.Oe- E.G. RUD & SONS, INC. Professional Land Surveyors www.egud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 GB Building a Parking Setbacks Principal Buiding: Front = 30 feet Side = 10 feet Rear = 35 feet Parking: Front = 15 feet Side = 10 feet Rear = 10 feet RECEIVED JAN 1 2 2009 CITY OF UNO LAKES Existing building and parking is non comforming to the General Business setbacks as shown. No change in existing setbacks Is proposed. DRANK ex ONO .I08 N0 08523LS I DATE: 01/12 /D9 CHECK BY: DNO SCANNED 0 2 3 NO. 041E DESCRIPTION 81' (Rural Zonins) S•Y0 •a20\00proJ•002221.2b■222yp 1/12/2000 91422 wt. C21 20 GRAPHIC SCALE 20 so IN FEET ) 1 inch — 20 ft, VICINITY MAP PART OF SEC. 4, TWP. 31, RNG. 22 ANOKA COUNTY, MINNESOTA (NO SCALE) GENERAL NOTES 1. Fee ownership is vested in Ivan Kozhokar. Parcel 10 Number. 04- 31 -22 -21 -0006. 2 Address of the surveyed premises 909 Maple Street 3. Bearings shown hereon ore based on the Anoka County Coordinate System. Benchmark is Anoka County Benchmark }'11. BM set in ground 41' north of Co. Rd. 14 and 57' east of old City Hall driveway. Elevation= 894.642 (NGVD 29). 4 Gross boundary area of the surveyed premises 13,397= sq. ft. (0.31 acres) includes 30 foot road easement. Net area without R/W easement is 10,394sf (0.24= acres). Bulding area to outside walls = 3,057sf, Indoor office area = 12Esf. There are 5 auto body stalls In the building. 5. The City of UNO LAKES has indicated that the surveyed premises shown on this survey is currently zoned Rural. Proposed rezoning to GB (General Business District) with a Conditional Use Permit for Outdoor Auto Soles and under the applicable zoning regulations. and that the current setbocks ore: For additional information contact the Planning and Zoning Department at the City of Lino Lakes at (651) 982 -2400. 6. There are no,marked or striped parking areas onsite at this time. 7. The surveyed premises hos access to Maple Street, o public street. 8. Utilities shown hereon are observed. Excavations were not mode during the process of this survey to locate underground utilities and /or structures. The location of underground utilities and /or structures moy vary from locations shown hereon and additional underground utilities and /or structures may be encountered. Contact Gopher State One Cal Notification Center at (651) 454 -0002 for verification of utilty type and field location, prior to excavation. 9. Subsurface and environmental conditions were not examined or considered during the process of this survey. No statement is mode concerning the existence of underground or overhead containers or facilities that may affect the use or development of the surveyed premises. 10. The field survey of this site was completed on January 8, 2009. 11. This survey was prepared without the benefit of title work. Additional eosements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attomey's title opinion. 12. Due to field work being completed during the winter season there moy be improvements in addition to those shown that were not visible due to snow and Ice conditions characteristic of Minnesoto winters. 13. SURVEYORS•BOUNDARY NOTE: The boundary hos been determined from found monumentation. The north line Is determined from monuments found on adjacent lots on either side of this site The South line was determined from splitting monuments found on the north line of Lot 4 and the south line of Lot 4 (centerline Maple Street). The west line of our lot was determined offsetting easterly 100 feet and parallel to the west from found monumentatlon on adjacent lot. Said line bearing fits other monumentotion to the west os well. The measured distances from said monuments to the west also fit well. The east line of our lot was also offset 100 feeL NORTH SITE PLAN, GRADING PLAN and UTILTITY PLAN -for- K.I. AUTO BODY 909 Maple Street Lino Lakes, MN. 55014 Tel: 651-784-2367 PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota 89"53',_, ECL19T1 www.egrud.com E.G. RUD a SONS, INC. Professional Land Surveyors 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 (Rural Zoning) ORANN BY.: 090 JOB NO: 08523L5 DATE :01/12/09 CHECK BY ONO SCANNED ❑ 2 3 NO. DALE DESCRIPDON BY 1 hereby certify that this survey, pion or report was prepared by me or under my direct supervision and that I am a du, Registered Land Surveyor under the of the Sta e o_ Minnesota. DANIEL W OBERMILLER Dote: / / / .2!2 9 License No. 25341 „•NEOr42, ,'• DAMELw. • • OBEHMLLEN MAI SITE NOTES • PROPOSED STRIPING OF FIVE 9' BY 20' FOOT PARKING SPACES FOR VEHICLE SALES. EXISTING BITUMINOUS AREA EXISTS ON SITE FOR 9 ADDITIONAL STALLS. SHOWN IS 380sf OF SALES AREA FOR EACH OF 5 PARKING SPACES (380x5=1900sf). SEE HATCHED AREA. PROPOSED ROLED BITUMINOUS CURB (OR CITY APPROVED EQUIVELANT) TO BE PLACES AT ALL NON — CURBED EDGES OF THE EXISTING BITUMINOUS SURFACE AREA. • EXISTING DRAINAGE TO REMAIN SAME AS CURRENTLY DRAINING. NO CHANGE TO DRAINAGE PATTERN PROPOSED. NO CHANGE IN IMPERVIOUS SURFACE AREA PROPOSED. • NO CHANGES TO ANY UTILITIES PROPOSED FOR THIS PLAN. DENOTES 1900sf SALES AREA. 27 PROPOSED CURBING DENOTES PROPOSED ROLED BITUMINOUS CURB. BIT. • 0 • 000mmcrm. X q].M Ewr LEGEND DENOTES IRON MONUMENT FOUND AS LABELED DENOTES IRON MONUMENT SET, MARKED RLS/ 25341 DENOTES SEPTIC CLEANOUT OR PIPE DENOTES GAS METER DENOTES POWER POLE AND OVERHEAD WIRES DENOTES EXISTING KEYSTONE RETAINING WALL DENOTES CHAIN LINK FENCE (TYPE AND HEIGHT AS LABELLED) DENOTES 6' W000 PRIVACY FENCE DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE DENOTES EXISTING CONTOURS DENOTES EXISTING SPOT ELEVATION DENOTES EXISTING AND PROPOSED DRAINAGE (BOTH THE SAME) DENOTES PROPOSED GUTTER ELEVATION (SAME AS EXISTING BITUMINOUS EDGE) S4usW11,0XproJV13231S , 11Y523.6, 1 /1/2009 AI422 NI CST VICINITY MAP PART OF SEC. 4, TWP. 31, RNG. 22 ANOKA COUNTY, MINNESOTA (NO SCALE) PROPOSED BITUMINOUS CURB DETAIL 4" 8 11111M 1 e■ EXISTING BASE 1 -1/8" RADIUS MATCH EXIST. BITUMINOUS GRAPHIC SCALE RECEIVED JAN 1 2 2009 CITY OF LINO LAKES so ( IN FEET ) I inch a 20 ft. NORTH (frAi4 - V!s -1-14tu 666 0 Mc secssoc 31zpOU, • From Sewered Residential to Commercial use • Conditional Use Permit: Outdoor Sales Lot a 0 CD Pt: n CD 2_, CD O CD O rip O ssauisncl jazauaj o4 J unJ :pauozaj . . REZONE FROM RURAL TO GENERAL BUSINESS n� Co�� xn rri ��d z O� �4 HHZ d zcz cn O0n Z `ter � �ncmr) 0 ,n > .. o > ;' y ti n ,>, 0 Z m eN Pc-) )- CD ( J cn 1:1 2 rrit-' rt y C Z ym d z rri 11 › z 0 y to H �m > 0 H O �' n 2Z 0 0 G-) U' Z � Z -,T1 rri Pi ›. Z dOHS AUO0 :SSINIS1fS DNLLSIXI LLIMIZS [ZdVNNN 606 :NOLL \JOZ 3 • 4 used car lot locations within a 2 mile stretch? • Hours of operation for sales activity • Limited to cars and pickup truck sales? 173 n CD O 0 rD 0 rD CD O CID • 1, 2, or 5 year expansion plan? o ,-,. rD A _• CD o - p.. a) x o p �--� • 1 `� N m O N Up 0 A) F j w O P) cip O A O - c et 0 -, • Placement of and number of Vehicles for sale NIIIDNOD 3O SINIOd r4 • • A) 073 cn ri• p) O cn rr CD n Crci rt, cn cn rr n 0 E O � O O ems' N rD ? -�+ rr Fr• rr 0 0 • n • CD 0 • rr 0 rD 1 0 cip • 0 cip ri- O CD 0 ri- • n a) O CD �. 1 c cc, O rD n O • O O V C e=t- cQ rt pi) cip r+ �D CD CD *4@@i4s a44 • Some residences have had their houses on the market. POINTS OF CONCERN (continued) CD -11.110111;:-"-, • WS — Item 6 WORK SESSION STAFF REPORT Work Session Item #6 Date: March 2, 2009 To: City Council From: Julie Bartell Re: City Code Update Background At the last three regular work sessions, the council has engaged in the process of reviewing the proposed update to the City Code. Again, the purpose of the code project is to get an up -to -date City Code on line and available to the public and staff. This process is known as recodification and it has not occurred with our code since 1983. The council has had the opportunity to review independently those sections that contain only general non - substantive revisions. To date, staff has reviewed with the council the following chapters containing more complex amendments: 101. City Code 602. Regulating the Sale of Tobacco & Tobacco Products 611. Lawful Gambling 613. Transient Merchants, Peddlers, Canvasser and Solicitor 216. Campaign Regulations 701. Liquor Licensing 702. Beer Licensing In some chapters, the council authorized revisions that have either been provided to the council or will be included in the final document presented for approval. Staff is now proposing that this be the final council work session review of the updated city code. This final review will involve "pulling together" the remaining elements in order to present a final draft code document to the council for public presentation, council approval, printing and publication. Attached is an annotated Table of Contents for the code that indicates recommendations for outstanding sections. At the work session, this table will be reviewed with the council and updated sections of the code provided. 1 Requested Council Direction Staff is requesting council direction on whether to prepare the final code document for consideration of adoption by the council. A public hearing would be held followed by submission of the document to the codifiers for printing and publication. Attachments Updated Table of Contents 2 • • • • • Updated 2/25/2009 LINO LAKES CITY CODE TABLE OF CONTENTS = Chapters are either unchanged or contain general non - substantive revisions; please review these sections independently = Chapters contain possible policy changes that staff would like to review with the council at upcoming work sessions = Chapters contain possible policy changes and are under further internal or legal review; chapters may still be amended so council need not review these until final language is presented Chapter TITLE 100: GENERAL PROVISIONS 101. City Codt TITLE 200: COUNCIL AND ADMINISTRATION 201. City Charter - Public Availability 202. Council and Commission Procedures 203. Council Compensation 204A. Code of Conduct 205. City Administrator 206. Officer and Employee Bonds 207. Personnel Policy 208. Police Department 209. Emergency Management 210. Advisory Commissions 211. Parks and Recreation Board 212. Planning and Zoning Board 213. Unclaimed Property 214. Recovery of Costs 215. Reserved 216. Campaign Contributions Report Required 217. Environmental Board 218. Fee Schedule TITLE 300: PUBLIC PROPERTY AND IMPROVEMENTS 301. Public Parks and Grounds 302. Street Construction Standards 303. Local Improvement Procedure 304. Right of Way 505. Open Burr TITLE 400: WATER AND SEWER 401. Municipal Water System 402. Sanitary Sewer System 403. Individual Sewage Treatment Systems TITLE 500: GENERAL REGULATIONS 501. Curfew for Minors 502. Animal Control Regulations 503. Animal Control Farm Animals 504. Firearms • Fire Chief Streich of Centennial Fire District has reviewed and proposed updates to this chapter. 506. Reserved 507. Solid Waste Collection 508. Regulating the Use of Burglar and Safety Alarms, Establishing User's Fees and Establishing a System of Administration 509. Ultimate Fighting TITLE 600: BUSINESS AND ACTIVITY LICENSES 601. Licenses 602. Regulating the Sale, Possession and Use of Tobacco Products and Tobacco Related Devices 603. Taxicab Service 604. Taxicab Drivers 605. Contractors 606. Large Assemblies 607. Reserved 608. Public Dancing 609. Reserved 610. Shooting Range —>611. Lawful Gambling • Council requested change in Section 611.11 increasing amt of profit to be spent in trade area from 10 to 50 percent (organizations notified) 612. Clerk and Police Chief concur that this section needs more work; keep current regulations and bring forward an update in the future 613. Transient Merchant, Peddler, Canvasser and Solicitor Section needs more work; keep current regulations and bring forward• update in the future 615. Special Events 701. Liquor Licensin 702. Beer Licensing 703. Cabaret Licensing 9 • • Table of Contents 3 TITLE 700: LIQUOR AND BEER TITLE 800: TRAFFIC 801. Weight Restrictions 802. Parking 803. Exhibition Driving 804. Street Obstruction 805. Driving Offenses 806. General Provisions and Penalties 807. Operation of Snowmobiles and All- Terrain Vehicles 808. Motorized Watercraft TITLE 900: NUISANCES 901. General Nuisances 902. Tree Diseases 903. Nuisance Abatement Procedure 904. Weeds and Grass Declared to be a Nuisance ---> TITLE 1000: LAND USAGE 1001. Subdivision Regulations The council approved an update to this Chapter on Feb 23, 2009 1002. Fire Code Fire Chief Streich of Centennial Fire District has reviewed and proposed updates to this chapter. 1003. Building Code The council approved an update to this Chapter on Oct 27, 2007 1004. Restrictive Soils Approved as is by Community Development Director 1005. Removal of Topsoil Deleted per Community Development Director 1006. Building Number Approved as is by Community Development Director 1007. Zoning Code Will not be updated with Code Project (done later based on comprehensive plan) 1008. Shade Trees Approved as is by Community Development Director 1009. Housing Maintenance Code The council approved as a new Chapter on Aug 13, 2007 4 Lino Lakes - Table of Contents —> TITLE 1100: SHORELAND AND FLOOD PLAIN MANAGEMENT Table 1101. Reserved 1102. Shoreland Management Overlay To be updated in the future per Community Dev Director 1103. Flood Plain Management Approved as is by Community Development Director TABLE OF SPECIAL ORDINANCES I. Sale, Conveyance, or Exchange of Property II. Franchises III. Vacations IV. Easements V. Zoning PARALLEL REFERENCES References to Minnesota Statutes References to Minnesota Rules References to Minnesota Regulations References to Prior Code of Ordinances References to Resolutions References to Ordinances INDEX • • •