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HomeMy WebLinkAbout07/27/2009 Council PacketSUMMARY MINUTES Monday, July 27, 2009 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup Acting City Administrator, Dan Tesch Council Workroom (not televised) A) Review Regular Council Agenda B) Charter Commission Budget Request (referred to Aug 3 work session) ➢ Open Mike / Public Comment No comments ➢ Call to Order and Roll Call 6:45 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell and Stoltz ➢ Pledge of Allegiance ➢ Setting of Agenda The agenda was accepted as presented A) Consideration of Expenditures: i) July 27, 2009 (Check No. 86252 through 86373) in the amount of $245,711.08; ii) Centennial Fire District (Check No. 3856 through 3873) in the amount of $33,767.02 B) Consider approval of July 6, 2009 Special City Council Meeting Minutes C) Consider approval of July 13, 2009 City Council Meeting Minutes D) Consider approval of July 13, 2009 Special Council Work Session Minutes Pg 4 -20 Pg 21 Pg 22 -23 Pg 24 -29 Pg 30 -31 Council Agenda -2- 7/27/2009 SUMMARY MINUTES E) Consider approval of June 3, 2009 Special Council Work Session Minutes Pg 32 -38 F) Consider Resolution No. 09 -51 Amending Resolution No. 09 -40 Pg 39 Action Taken: Motion by Gallup, seconded by Stoltz, to approve the Consent Agenda, Items lA through 1F, was adopted A) A) No Report. No Report. Consideration of Resolution No. 09 -49, Accepting a donation of $100 from Residential Mortgage Group's "Refer a friend, Build your community" program. Action Taken: Motion was seconded and adopted to approve Resolution No. 09 -49 as presented No Report. Consideration of Resolution No. 09 -52, Approving Variances to the requirements for lot area, lot width and road frontage for Xcel Energy, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 09 -52 as presented, was adopted Pg 40 -41 Pg 42 -47 B) Public Hearing, I -35E /CSAH 14 Interchange Improvement Project, Michael Grochala Pg 48 -49 Action Taken: Public hearing was held; Motion by Stoltz, seconded by Reinert, to close the public hearing, was adopted C) Consideration of Resolution No. 09 -48, Approving 2009/2010 Foxborough Management Plan, Marty Asleson Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution No. 09 -48 as presented, was adopted D) Consider 1St Reading of Ordinance No. 04 -09, Amending Zoning Ordinance to Allow Public, Educational, and Religious Buildings as Conditional Uses in General Business and Limited Business Zoning Districts, and Amending City Code so that Separation Distance for Liquor License shall not apply if School or Church Pg 50 -56 Council Agenda -3- 7/27/2009 SUMMARY MINUTES is in Limited Business or General Business Zoning District, Jeff Smyser Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve 1st reading of Ordinance No. 04 -09 as presented, was adopted: Yeas, 4; Nays, 1 (Reinert) E) Consider 1st Reading of Ordinance No. 05 -09, Amending Zoning Ordinance to Remove the Six -Month Maximum on Extensions for Submitting the Final Development Plan for a Planned Unit Development, Jeff Smyser Action Taken: Motion by O'Donnell, seconded by Gallup, to approve 1st reading of Ordinance No. 05 -09 as presented, was adopted Pg 74 -79 F) Consideration of Resolution No. 09 -50, Approving Plans and Specifications and Authorizing a Request for Quotes, 2009 Surface Water Management Project, Jim Studenski Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 09 -50, was adopted Pg 80 -82 None None 4 14 Ar fie Community Calendar - A Look Ahead July 28, 2009 through August 10, 2009 Wednesday, July 29 Monday, August 3 Monday, August 3 Thursday, August 6 Monday, August 10 6:30 pm, Council Chambers 5:30 pm, Community Room cancelled 7:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC Council Meeting P1 r-kr, to ut4- -r. 4Q w/ t,1.1(op Ec 1.A (? ciat.. 1/z I. z4d1 Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 Mayor John Bergeson 600 Town Center Parkway Lino Lakes, MN 55014 HAND DELIVERED July 24, 2009 Dear Honorable Mayor Bergeson, On July 23, 2009, the Lino Lakes Charter Commission voted to develop Charter Amendments for the November 2009 election. On behalf of the Commission, I formally request additional funding in the amount of $4,000.00 for 2009, exclusively for legal services pertaining to amending the City Charter. The primary proposal to be developed would be a Charter amendment that would include a limit on property tax increases. Currently, the Commission has less than $21.00 remaining in its budget. This situation occurs despite letting our regular (professional) minute -taker go, and taking the minutes ourselves. As you know, the Charter Commission Members do not receive any compensation. The 2009 budget for the Charter Commission has been sharply reduced by the City Council, from over $7,000 in recent years to $1,500 for 2009. Our current operating budget is now roughly one -third of the amount that the City budgeted to the Commission in the 1990's (without factoring for inflation). During the 2009 budgeting process last fall, upon learning of the proposed budget cut, the Commission requested that the Council allow sufficient funding for legal services pertaining to an amendment in its budget. The Council denied that request at that time, while making assurances that if the Commission needed additional money beyond what was budgeted for 2009, then the money would be available and could easily be taken from the contingency fund (if the Council so stipulated). I respectfully request that this matter be added to the July 27, 2009 Council Work Session and approved that same day. Thank you for your consideration and attention to this urgent matter. I apologize for the short notice; however, the City Council is allowed to make last- minute changes to the existing agenda. Please let me know if there's anything I can do to assist in this process. Co ally, Caroline Dahl Chair, Lino Lakes Charter Commission cc: Council member Kathi Gallup Council member Jeff O'Donnell Council member Jeff Reinert Council member Dan Stoltz City Clerk Julie Bartell Acting City Administrator Dan Tesch • EXPENDITURES July 27, 2009 Date: 07/22/2009 Time: 08:56:24 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 8075 - 8090 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: KKF Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A 4 L SUPERIOR SOD CO, INC. 2 6.15 6.15 .00 .00 001260 ACCLAIM BENEFITS 1 143.55 143.55 .00 .00 000093 ACE SOLID WASTE, INC. 1 530.68 530.68 .00 .00 000408 AFSCME COUNCIL #5 1 970.62 970.62 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 100.54 100.54 .00 .DD 001013 ALTERNATOR k STARTER STORE, THE 1 133.91 133.91 .00 .00 000210 AMERICAN FASTENER S. SUPPLY, INC. 1 12.80 12.80 .00 .00 002694 AMERICAN MESSAGING 1 19.11 19.11 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 141.96 141.96 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 2 758.25 758.25 .00 .00 000421 ANOKA CO TREASURER DEPT 1 250.00 250.00 .00 00 000541 ASPEN MILLS, INC. 1 114.89 114.89 .00 007720 BANGERS, TRISH 1 30.00 30.00 .00 .00 900471 BONESTROO, INC. 1 9,766.86 9,766.86 .00 .0D 007744 BRADY, ELIZABETH 1 50.00 50.00 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 2 1,073.85 1,073.85 .D0 .00 007660 BURNHAM TREE EXPERTS 1 852.00 852.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 45.78 45.78 .00 .00 007388 CAPITAL CITY GLASS, INC. 1 288.23 288.23 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 2,500.00 2,500.00 .D0 .00 001101 CENTENNIAL LAKES POLICE DEPARTMENT 1 3,220.00 3,220.00 .00 .00 001110 CENTENNIAL UTILITIES 1 1,4B0.50 1,480.50 .00 .00 • Date: 07/22/2009 Time: 08:56:24 City of Lino Lakes FM Entry - Invoice Journal Operator: iIC' Page: 2 Discount 4 Name # of items Net Gross Discount Lost 002700 CENTERPOINT /MINNEGASCO, INC. 1 280.85 280.85 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .DD 001187 CONNEXUS ENERGY 1 4,813.58 4,813.58 .00 .00 '900591 CORPORATE EXPRESS, INC. 2 259.47 259.47 .DO .00 007465 DAVIS EQUIPMENT CORPORATION 1 206.33 206.33 .00 .00 007816 DEE, KEN 1 10.00 10.00 .00 .DD 001298 DEGARDNER, RICK 1 39.05 39.05 .D0 .00 000248 DEPARTMENT OF LABOR /INDUSTRY 1 1,189.49 1,189.49 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 1,391.91 1,391.91 .00 .DO 001380 EARL ANDERSON ASSOCIATION, INC. 1 69.97 69.97 .00 .00 001148 EGAN OIL COMPANY 2 6,695.37 6,695.37 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 48.09 48.09 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 19.16 19.16 .0D .00 007750 FIRST CALL AUTO PARTS 2 111.59 111.59 .D0 .00 001540 FORESTRY suPPLIERS, INC. 1 73.77 73.77 .00 .00 111559 FRANCIS, LINDA 1 17.60 17.60 .00 .00 01560 FRATTALLONE'S HARDWARE, INC. 6 57.53 57.53 .00 .DD 007449 FRONTIER PRECISION, INC_ 1 1,385.10 1,385.10 .00 .00 001680 GOPHER STATE ONE CALL 1 388.60 38B.60 .00 .00 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 190.00 190.00 .00 .00 000843 HAGER, DALE 1 547.00 547.00 .00 .00 001480 HAWKINS INC. 1 7,320.39 7,320.39 .00 _00 001880 HUGO FEED MILL, INC. 1 11.95 11.95 .00 .00 007224 HUGO MILL 2 52.82 52.82 .00 .00 000905 HYDEN, MICHAEL 1 50.00 50.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 740.90 740.90 .0D .00 001971 INFRATECH TECHNOLOGIES, INC. 1 1,050.00 1,050.00 .00 .00 • Date: 07/22/2009 Time: 08:56:24 City of Lino Lakes Operator: KIT Page: 3 FM Entry - Invoice Journal Discount AID 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000627 J. P. COOKE COMPANY, INC. 1 42.65 42.65 .00 .00 000828 JASON'S BOBBY & STEVE'S AUTO WORLD 1 130.00 130.00 .00 .00 007817 KAUL, NANCY 1 30.00 30.00 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 358.75 358.75 .00 .D0 007818 KEY TITLE INC 1 3,450.00 3,450.00 .00 .00 000511 LADEN, PERRY 1 50.00 50.00 .00 .D0 007819 LAKE STATE REALTY SERVICES, INC. 1 2,750.00 2,750.00 .00 .00 002270 LAKESIDE COLLISION, INC. 2 1,504.24 1,504.24 .00 .00 002248 LARSON ALLEN, LLP 1 8,200.00 8,200.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 924.00 924.00 .D0 .00 002320 LEAGUE OF MN CITIES INS TRST 1 500.00 500.00 .00 .00 D02420 LINO LAKES SENIOR CENTER 1 701.25 701.25 .00 .00 007820 LOCKWOOD, LINDA 1 35.00 35.00 .00 .00 002387 LTG POWER EQUIPMENT, INC. 1 26.56 26.56 .00 .00 lib 005007 LINDA CONSTRUCTION COMPANY 1 14,552.75 14,552.75 .00 000274 LYNN PEAVEY COMPANY, INC. 1 29.00 29.0D .D0 000177 MAIN FLORAL LTD, INC. 1 38.37 38.37 .00 .00 002550 MENARDS, INC. 1 43.62 43.62 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 5,940.00 5,940.00 .D0 .00 002584 METRO SALES INCORPORATED 1 605.00 605.00 .00 .00 007694 METROPOLITAN COUNCIL 1 52,112.79 52,112.79 .00 .00 002350 MIDWAY INDUSTRIAL SUPPLY CO., INC. 1 589.31 589.31 .00 .00 007688 Minnesota City /County Mgmt Assoc. 1 92.00 92.00 .00 .00 002770 MINNESOTA DEPT OF EMPLOY & ECON DEV 1 13.34 13.34 .D0 .00 003882 MINNESOTA SHREDDING LLC 1 16.50 16.50 .00 .00 D02931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 Vendor # Name # of items Net Gross Discount • Date: 07/22/2009 Time: 08:56:25 City of Lino Lakes Operator: KKF Page: 4 FM Entry - Invoice Journal Discount Odor # Name # of items Net Gross Discount Lost 004604 MN DEPT OF PUBLIC SAFETY 1 390.00 390.00 .00 .00 002760 MN. DEPT OF HEALTH 1 6,717.00 6,717.00 .00 .00 000871 MONSON, MIKE 1 30.00 30.00 .00 .00 003050 MRPA 1 10.00 10.00 .00 .00 004791 NAC MECHANICAL& FT.RCTRICAL SERVICES 1 1,072.81 1,072.81 .00 .00 000106 NELSON, ROBERT 1 50.00 50.00 .00 .DO 000983 OPTUMHEALTH FINANCIAL SERVICES 1 69.56 69.56 .00 .0D 007821 OSMEK, LARRY 1 45.00 45.00 .00 .D0 003492 PETTY CASH 1 239.76 239.76 .00 .00 000677 PHILIP'S TREE CARE 1 266.25 266.25 .00 .00 003524 PITNEY BOWES, INC. 2 663.00 663.00 .00 .00 004608 POGALZ, BRIAN 1 50.00 50.00 .00 .00 000464 POMP'S TIRE SERVICE, INC. 1 246.35 246.35 .00 .00 000057 PREMIUM WATERS, INC. 2 76.28 76.2B .00 .D0 007822 RAINBOW, INC. 1 371.46 371.46 .D0 .00 478 RECREATION, SPORTS & PLAY, INC. 1 600.64 600.64 .00 .00 329 ROLEK, ALAN 1 1,714.85 1,714.85 .00 .0D 004609 ROOT, MICHAEL 1 50.00 50.00 .00 .D0 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 007823 RUSCO, MARSHA 1 80.00 80.00 .00 .00 003910 SAM'S CLUB, INC. 1 133.79 133.79 .00 .00 007671 SEVERSON, SHELDON, DOUGHERRTY & MOLENDA, 1 8,305.00 8,305.00 .00 .00 003990 SHOREVIEW, CITY OF 1 3,310.30 3,310.30 .00 .00 007824 SIGNATURE LIGHTING, INC. 1 282.60 282.60 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 1,670.00 1,670.00 .00 .00 000418 SOCCER USA MINNESOTA 1 313.25 313.25 .00 .0D 003260 STANSBERRY, KAY 1 131.08 131.08 .00 .00 Date: 07/22/2009 Time: 08:56:25 City of Lino Lakes Operator: KKF Page: 5 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lo 000365 STAPLES BUSINESS ADVANTAGE, INC. 1 171.73 171.73 .00 .00 D04192 STATE OF MINNESOTA 1 1D0.00 100.00 .00 .00 004240 STREICHER'S, INC. 11 1,463.96 1,463.96 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 2,350.70 2,350.70 .00 .00 000489 TDS METROCOM MN 1 972.66 972.66 .D0 .00 002790 TESSMAN s NU COMPANY, INC. 1 734.85 734.85 .00 .00 004350 TKDA 11 37,549.24 37,549.24 .00 .00 007662 TOUSLEY FORD, INC_ 1 26.45 26.45 .00 .00 002130 TRALLE, PAUL 1 75.00 75.00 .00 .00 D00423 TWIN CITY FAB, INC. 1 50.64 50.64 .0D .00 002839 TYLER TECHNOLOGIES 1 10,397.09 10,397.09 .00 .0D 004560 U S BANK 1 7,349.20 7,349.20 .00 .00 004667 VERMEER OF MINNESOTA, INC. 1 305.25 305.25 .00 .00 004730 VIKING INDUSTRIAL CENTER, INC. 1 88.2D 88.20 .00 .00 004127 WEGENER, WAYNE, JR. 1 1,414.34 1,414.34 .00 .00 003250 KCEL ENERGY 9 5,912.78 5,912.78 .00 00 Grand Totals: 164 245,711.08 245,711.08 .00 • • Date: 07/22/2009 Account # • • Time: 08:56:25 Description City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 6 Fiscal Debit Main Credit 101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 07/2009 2,576.02 101- 2120 -000 GENERAL FUND SAC PAYABLE 07/2009 6,000.00 101- 2130 -000 GENERAL FUND SURCHARGE PAYABLE 07/2009 1,186.05 101 - 2131 -000 GENERAL FUND Plumbing Surcharge 07/2009 15.50 101 - 2132 -000 GENERAL FUND Merhan; cal Surcharge 07/2009 37.50 101 - 3414 -000 GENERAL FUND SAC/SURCHARGE FEE 07/2009 - 109.56 101 - 3422 -000 GENERAL FUND POLICE OTHER REVENUES 07/2009 3,220.00 101 -372D -000 GENERAL FUND CONTRIBUTIONS /DONATIONS 07/2009 2,500.00 101- 401 - 4900 -000 MAYOR /COUNCIL MARKETING & EDUCAT 07/2009 38.37 101 - 402- 4310 -000 GENERAL ADMINISTRATION OTHER CONSULTANT 07/2009 69.56 101 -402- 4410 -000 GENERAL ADMINISTRATION CONTRACTED SERVIC 07/2009 143.55 101 -402- 4452 -000 GENERAL ADMINISTRATION SUBSCRIPT /DUES 07/2009 92.00 101 -406- 4321 -ODD GENERAL SENIORS TELEPHONE 07/2009 36.34 101- 406 - 4330 -D00 GENERA SENIORS TRAVEL /TUITION 07/2009 701.25 101- 407 -4308 -000 GENERAL FINANCE AUDITOR 07/2009 3,644.29 101 -407- 4310 -000 GENERAL FINANCE OTHER CONSULTANT 07/2D09 11,917.01 101 - 407- 433D -00D GENERAL FINANCE TRAVEL /TUITION 07/2009 1,732.45 101 -407- 4452 -000 GENERAL FINANCE SUBSCRIPTIONS 07/2009 190.00 101- 414 - 4301 -00D GENERAL LEGAL CONSULTANTS MUNICIPAL ATTO 07/2009 8,305.00 101- 415 -4300 -000 ECONOMIC DEV PROFESSIONAL SERVI 07/2009 358.75 101 - 416 - 4330 -000 PLANNING E. ZONING TRAVEL /TUITION 07/2009 84.10 101 -416- 4331 -00D PLANNING & ZONING STIPEND 07/2009 375.00 101- 416 - 4410 -D00 PLANNING F. ZONING CONTRACT SERVICES 07/2009 9,766.86 101 - 417 - 4410 -D00 ENGINEERING CONTRALa.D SERVICES 07/2009 17,091.91 101 - 418 -441D -000 COMM DEV CONTRACTED 07/2009 250.00 101- 42D -420D -000 GENERAL POLICE OFFICE SUPPLIES 07/2009 447.49 101 -420- 4211 -000 GENERAL POLICE MAINTENANCE SDYPLIES 07/2009 CO 29.00 101 -420- 4213 -000 GENERAL POLICE DARE PROGRAM EXPENSES 07/2009 50.68 101- 420 - 4214 -000 GENERAL POLICE CRIME PREVENTION 07/2009 251.15 101 -42D- 4300 -ODD GENERAL POLICE PROFESSIONAL SERVICES 07/2009 61.64 GE 101 -42D- 4321 -D00 GENERAL POLICE TELEPHONE 07/2009 672.05 101 -42D- 4330 -000 GENERAL POLICE TRAVEL /TUITION 07/2009 2,067.14 101- 420 - 4370 -000 GENERAL POLICE UNIFORMS 07/2009 1,578.85 101 - 420 - 4381 -000 GENERAL POLICE ELECTRICITY 07/2009 21.31 101 -420- 4387 -000 GENERAL POLICE POLICE EXPLORERS 07/2009 30.00 101- 420 -4410 -000 GENERAL POLICE CONTRACTED SERVICES 07/2009 1,170.30 101- 422 - 4304 -D00 GENERAL BUILDING INSPECTIONS MUN ENG 07/2009 278.03 101 -43D- 4223 -D00 GENERAL STREET SIGNS 07GENERAL 69.97 101 -43D- 4224 -000 GENERAL STREETS PATHCHING MATERIALS 07/2009 2,350.70 101 -43D- 4228 -D0D GENERAL STREETS SALT /SAND 07/2009 100.54 101 -430- 4229 -00D GENERAL STREETS GRAVEL /MISC 07/2009 2,316.50 101- 430 - 4321 -000 GENERAL STREETS TELEPHONE 07/2009 40.17 101- 430 - 4385 -D00 GENERAL STREETS STREET LIGHTS 07/2009 1,558.33 101- 430 -4410 -000 GENERAL STREETS CONTRACTED SERVICES 07/2009 852.00 101- 431 - 4212 -000 GENERAL FLEET VEHICLE FUEL 07/2009 6,695.37 101 - 431 - 4221 -D00 GENERAL FLEET SHOP PARTS 07/2009 1,537.22 101- 431 - 4300 -ODD GENERAL FLEET PROFESSIONAL SERVICES 07/2009 246.35 101- 432 - 4200 -000 GOVER BUILDINGS OFFICE SUPPLIES 07/2009 526.25 101- 432 - 4211 -D00 GOVER BUILDINGS MAINTENANCE SUPPLIES 07/2009 40.45 101 - 432 -430D -000 GOVER BUILDINGS PROFESS. SERV 07/2009 1,072.81 101- 432 - 4321 -D00 GOVER BUILDINGS TELEPHONE 07/2009 1,140.11 101- 432 - 4361 -000 GOVER BUILDINGS BUILD INS 07/2009 2,004.24 101- 432 - 4370 -000 GENERAL GOVERNMENT BUILDINGS UNIFORMS 07/2009 CO 131.08 _10_ Date: 07/22/2009 Time: 08:56:25 City of Lino Lakes FM Entry - Invoice Journal Account # Operator: MG' Page: 7 Description Fiscal Debit Credit 101 - 432 - 4381 -000 GOVER BUILDINGS ELECTRICITY 07/2009 6,999.61 101- 432 - 4383 -000 GOVER BUILDINGS HEAT 07/2009 1,522.88 101 - 432 - 4384 -000 GOVER BUILDINGS SANITATION 07/2009 413.31 101 - 432 - 4410 -000 GOVER BUILDINGS CONTRACTED 07/2009 871.60 101 -450- 4211 -000 GENERAL PARKS MAINTENANCE SUPPLIES 07/2009 1,356.24 101 -450- 4330 -000 GENERAL PARKS TRAVEL, /TUITION 07/2009 39.05 101- 450- 4381 -000 GENERAL PARKS ELECTRICITY 07/2009 7.99 101 -450- 4383 -000 GENERAL PARKS HEAT 07/2009 79.01 101- 450- 4384 -000 GENERAL PARKS SANITATION 07/2009 117.37 101 -45D- 4410 -00D GENERAL PARKS CONTRALthu SERVICES 07/2009 266.25 101- 451- 4141 -000 GENERAL RECREATION REEMPLOYMENT INSURANC 07/2009 13.34 101- 451- 4211 -D0D GENERAL RECREATION MAINTENANCE SUPPLIES 07/2009 150.93 101- 461 - 5000 -000 GENERAL ENVIRONMENTAL CAPITAL OUTLAY 07/2009 1,385.10 101- 463 - 4240 -000 GENERAL FORESTRY SMALL TOOLS 07/2009 73.77 Find Total: 110,858.13 201 -200- 4308 -000 RECREATION PROGRAM REC AUDITOR 07/2009 71.39 201 - 202 - 4211 -839 RECREATION MAINT SUP- SOFTBALL ADULT SUMM 07/2009 197.57 201- 202- 4211 -840 RECREATION MAINT SUP - SOFTBALL. ADULT FALL 07/2009 97.83 201- 205- 4211 -827 RECREA'T'ION MAINT Suet, GOBBLER GAMES 07/2009 31.20 201 - 207 - 4211 -851 RECREATION MAINT Sure, YOUTH GOLF LESSONS 07/2009 73.10 201 -207- 4211 -880 MAINTENANCE SUPPL HAWKS PROGRAM 07/2009 1,670.00 201 -207- 4211 -883 MAINT SUPPL COUGAR SOCCER CMP 07/2009 313.25 201 -208- 4211 -855 MAINT SUPP YOUTH FALL FOOTBALL 07/2009 2,316.10 201 -208- 4211 -856 RECREA'T'ION MAINT SUPL YOUTH SOCCER 07/2009 4,249.0D 201 - 3810 -806 RECREATION T -BALL 4,5,6 YEAR OLDS 07/2009 65.00 201 -381D -855 RECREATION FOOTBALL SKILL DEVELOPMENT 07/2009 90.00 201- 3810 -856 RECREATION YOUTH SOCCER 07/2009 45.00 201 - 3810 -857 RECREATION SOCCER FU DAMENTAIS 07/2009 30.00 Fund Total: 9,249.44 301- 499 - 4308 -000 CLOSED BOND FUND AUDITOR- CONSULTANTS 07/2009 324.97 Fund Total: 324.97 401- 499 - 4308 -000 CAPITAL IMPROVEMENT PROJECTS AUDITOR 07/2009 467.15 Fund Total: 467.15 402- 431 - 5000 -000 FLEET CAPITITAL OUTLAY 07/2009 305.25 402 - 450 - 5000 -000 PARKS CAPITAL OUTLAY 07/2009 418.75 Fund Total: 724.00 406- 499 -4308 -000 AREA AND UNIT OTHER AUDITOR 07/2009 519.38 .0D .00 .00 .DO .D0 • • Date: 07/22/2009 Time: 08:56:26 City of Lino Lakes FM Entry - Invoice Journal • Operator: KKF Page: B Account # Description Fiscal Debit Credit Fund Total: 519.38 .00 421 - 499 - 4304 -085 MUNICIPAL ENGINEER 2009 SEAI.COAT 07/2009 4,051.31 421- 499 - 4304 -086 MUNICIPAL ENGINEER 2009 OVERLAY 07/2009 11,060.22 Fund Total: 15,111.53 .00 422 - 499 - 4308 -000 SURFACE WATER MANAGEMENT AUDITOR 07/2009 62.41 Fiord Total: 62.41 .00 471- 499 -4400 -061 Legacy®Woods Edge Improv OTHER CONTRALTO 07/2009 14,552.75 Fund Total: 14,552.75 .DD 474- 4994 -300 I35E INTERCHANGE 07/2009 2,750.00 Fiord Total: 2,750.00 .0D 601 - 2140 -000 601- 3714 -D0D 601- 3855 -000 601 - 494- 4211 -00D 601- 494 - 4222 -000 601- 494 -430D -000 601- 494 - 4304 -000 601- 494- 4321 -000 601- 494 - 4381 -000 601- 494 - 4382 -D00 601- 494 - 4383 -000 601- 494 - 4410 -000 602 -495- 4211 -ODD 602 - 495- 4221 -000 602- 495- 4300 -000 602 - 495- 4304 -000 602- 495- 4321 -000 602- 495- 4381 -000 602- 495- 4382 -000 602- 495 - 4383 -D0D 602- 495- 4405 -000 602- 495 - 4410 -000 WATER OPERATING STATE WATER CONNECTION F 07/2009 6,726.54 WATER OPERATING MISCELL REVENUE 07/2009 -25.00 WATER OPERATING WATER SALES 07/2009 -3.54 WATER OPERATING MAINTENANCE SUPPLIES 07/2009 288.23 WATER OPERATING CHEMICALS 07/2009 7,320.39 WATER OPERATING PROFESSIONAL SERVICES 07/2009 3,494.65 WATER OPERATING MUNICIPAL ENGINEER 07/2009 1,313.29 WATER OPERATING TELEPHONE 07/2009 120.48 WATER OPERATING ELECTRICITY 07/2009 2,050.39 WATER OPERATING UTILITIES 07/2009 2,346.81 WATER OPERATING HEAT 07/2009 145.86 WATER OPERATING CONTRACTED' SERVICE 07/2009 194.30 Fund Total: 23,972.40 SEWER OPERATING MAINTENANCE SUPPLIES 07/2009 168.04 SEWER OPERATING SHOP PARTS 07/2009 224.19 SEWER OPERATING PROFESSIONAL SERVICES 07/2009 5,132.92 SEWER OPERATING MUNICIPAL ENGINEER 07/2009 1,313.29 SEWER OPERATING TELEPHONE 07/2009 3.82 SEWER OPERATING ELECTRICITY 07/2009 371.33 SEWER OPERATING ui11,ITIES 07/2009 953.95 SEWER OPERATING HEAT 07/2009 13.60 SEWER OPERATING MWCC SEWER CHARGES 07/2009 52,112.79 SEWER OPERATING CONTRALna) SERVICE 07/2009 194.30 Fund Total: 60,488.23 .00 .00 Date: 07/22/2009 Time: 08:56:26 City of Lino Lakes FM Entry - Invoice Journal Account # Operator: KKF Page: 9 Description Fiscal Debit Credit 801- 2022 -000 CONTRACTOR'S DEPOSITS POLICE FORFEITURES 07/2009 339.50 B01- 2301 -000 CONTRACTOR'S DEP WATER METER DEPOSITS 07/2009 400.00 B01- 2302 -102 CONTRACTOR'S DEPOSITS Vaughan Addn. Engi 07/2009 135.55 801- 2317 -102 The Preserve Engineering 07/2009 475.70 801- 2318 -000 CONTRACTOR'S DEP BUILDING PERMIT DEPOSIT 07/2009 3,450.00 801 - 2331 -102 MARSBAN MEADOWS ENGINEERING 07/2009 406.65 801- 2344 -102 Century Farms No.4th Engineering 07/2009 609.98 B01- 2364 -103 Ad Graphics - Taylor Administration 07/2009 135.55 801- 2376 -102 Grandview Engineer 07/2009 67.78 801 -2388 -102 CONTRACTOR'S DEPOSITS Fax Borough Engine 07/2009 203.33 801- 2394 -102 Pine Glen 2nd Addn. Administration 07/2009 406.65 Fund Total: 6,630.69 Grand Totals: 245,711.08 Control Control Grand Totals: .0D A/P .00 .00 .00 101 -202D -000 GENERAL FUND ACCOUNTS PAYABLE 07/2009 110,858.13 201 -202D -000 RECREATION ACCOUNTS PAYABLE 07/2009 9,249.44 301 - 2020 -000 CLOSED BOND FUND ACCOUNTS PAYABLE 07/2009 324.97 401 - 2020 -000 CAPITAL IMPROVEMENT PROJECTS ACCOUNTS PA 07/2009 467.15 402 - 2020 -000 CAPITAL EQUIPMENT REVOLVING ACCTS PAY 07/2009 724.00 406 -202D -000 AREA AND UNIT ACCOUNTS PAYABLE 07/2009 519.3B 421 - 2020 -D0D SEAL COATING ACCOUNTS PAYABLE 07/2009 15,111.53 422 - 2020 -D00 SURFACE WATER MANAGEMENT ACCOUNTS PAYABL 07/2009 62.41 471 -202D -000 Legacy®Woods Edge Impry ACCOUNTS PAYABLE 07/2009 14,552.75 474 - 2020 -000 135E INTERCHANGE ACCTS PAY 07/2009 2,750.00 601- 2020 -000 WATER OPERATING ACCOUNTS PAYABLE 07/2009 23,972.40 602 - 2020 -000 SEWER OPERATING ACCOUNTS PAYABLE 07/2009 60,488.23 801 - 2020 -000 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 07/2009 6,630.69 A/P Grand Totals: .00 245,711.08 Discount Manual Checks - Cash Discount Grand Totals: -13- Cash Grand Totals: .00 .0D .D0 .00 Date: 07/22/2009 Time: 08:58:30 • Ranges: Operator: KKF Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 8076 8096 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount DEPARTMENT OF LABOR/ 2ND QTR 2009 BLDG PERMIT AFSCME COUNCIL #5 UNION DUES CENTENNIAL FIRE DIST LEX SAFETY CAMP FIREMANS CENTENNIAL LAKES POL MAY 09 EAGLEBROOK OT LAW ENFORCEMENT LABO UNION DUES METRO COUNCIL ENVIRO SAC ACTIVITY SUMMARY REP MN CHILD SUPPORT PAY BRIAN C HRONSKI ID 00140 Total for Department MAYOR /COUNCIL MAIN FLORAL LTD, INC GREEN PLANT /HILLESHEIM F Total for Department 401 ADMINISTRATION ADMINISTRATION ADMINISTRATION ORS 4111FL FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE OPTUMEEALTH FINANCIA JUNE ELIGIBLE PLAN PARTI ACCLAIM BENEFITS MONTHLY FSA ACCOUNT PART Minnesota City /Count MEMBERSHIP FEES Total for Department 402 TDS METROCOM MN MONTHLY PHONE LINO LAKES SENIOR CE REIMBURSE BUS Total for Department 406 ROLEK, ALAN FRANCIS, LINDA GOVERNMENT FINANCE LARSON ALLEN, LIP TYLER TECHNOLOGIES ROSRViLLE, CITY OF SVC USAGE TRAVEL /MEETING EKPENDITU ROSEVILLE USER GROUP TRA 0 ANNUAL MEMBERSHIP RENEWA 2008 AUDIT PROGRESS BILL SOFTWARE MAINTENANCE JULY 2009 JOINT POWERS Total for Department 407 LEGAL CONSULTANTS SEVERSON, SHELDON, D INVESTIGATION /CHARTER CO Total for Department 414 ECONOMIC DEVELOPMENT KENNEDY AND GRAVEN, I -35 4 MAIN ST INTERCHAN Total for Department 415 PLANNING & ZONING PLANNING & ZONING PLANNING 4 ZONING PLANNING & ZONING PLANNING & ZONING • NELSON, ROBERT LADEN, PERRY HYDEN, MICHAEL TROT. E, PAUL U S BANK P 9, Z BOARD MEMBER STIPE P E Z BOARD MEMBER STIPE P & Z BOARD MEMBER STIPE P 4 Z BOARD MEMBER STIPE MONTHLY CHARGES 1,189.49 970.62 2,500.00 3,220.00 924.00 5,940.00 681.4D 15,425.51* 38.37 38.37* 69.56 143.55 92.00 305.11* 36.34 701.25 737.59* 1,714.85 17.60 190.0D 3,644.29 6,147.43 5,769.58 17,483.75* 8,305.00 8,305.00* 358.75 356.75* 50.0D 50.00 50.00 75.00 8.10 Date: 07/22/2009 Time: 08:58:30 Department Operator: KKF Page: 2 City of T,inn Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING 4 ZONING PLANNING 4 ZONING PLANNING 4 ZONING PLANNING & ZONING PLANNING & ZONING ENGINEERING COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLI CE POLICE POLICE POLICE POLICE POLICE POLICE POLI CE POLICE POLICE POLICE POLICE POLICE POLICE POLI CE POLICE POLICE POLICE POLI CE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE U S BANK POGALZ, BRIAN ROOT, MICHAEL BRADY, ELIZABETH BONESTROO, INC. TRDA SENSIBLE LAND USE P 6 Z BOARD MEMBER STIPE P 4 Z BOARD MEMBER STIPE P & Z BOARD MEMBER STIPE COMP PLAN UPDATE Total for Department 416 2009 GEN FUND ENG SVCS Total for Department 417 ANOKA COUNTY TREASUR ANNUAL RENEWAL OF GIS DA Total for Department 418 PREMIUM WATERS, INC. LYNN PEAVEY COMPANY, STAPLES BUSINESS ADV TDS METROCOM MN ASPEN MILLS, INC. JASON BOBBY & STEVE' HAGER, DALE MONSON, MIKE CONNEXUS ENERGY FAST BREAK CORNER MA METRO SALES INCORPOR PETTY CASH /LLPD PETTY CASH /LLPD Pt.t 1 Y CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD SAM'S CLUB, INC. WEGENER, WAYNE, JR. STRETCHER'S, INC. STRETCHER'S, INC. STRETCHER'S, INC. STRETCHER'S, STRETCHER'S, STRETCHER's, STREICHER'S, STRETCHER'S, STRETCHER'S, U S BANK U S BANK U S BANK INC. INC. INC. INC. INC. INC. MONTHLY WATER PURCHASE LBLSK 1.5%1.5 RED LF B10 PRINT CARTRIDGES MONTHLY PHONE SVC P NOLL UNIFORM ALLOWANCE CAR WASHES K9 USPCA DOES /REGIONAL.& FUEL IN VAN FOR EXPLORER MONTHLY ENERGY USAGE CAR WASHES QUARTERLY BILLING ANOKA CHIEFS COMPLIANCE CHECK FRIENDS 6 FITNESS PICA PSCC INTERVIEWS SENIOR SAFETY FAIR TRAINING LLPD OFFICE SUPPLIES ADMINISTRATION CLASS A HALVERSON UNIFORM ALTO C BOEHME UNIFORM ALLOWAN C SCHIRMERS UNIFORM ALLO P NOLL UNIFORM ALLOWANCE RESERVE OFFICERS UNIFORM T NOLL UNIFORM ALLOWANCE ✓ KLOSNER UNIFORM ALLOWA W OWENS UNIFORM ALLOWANC W WEGENER UNIFORM ALLOWA CSAPiATNS DARE GRADUATION LLPD TRAINING U S BANK MONTHLY CHARGES MN DEPT OF PUBLIC SA 2ND QTR 2009 CJDN CORPORATE EXPRESS, I MDR CLIPS /POSTIT /SEARPI CORPORATE EXPRESS, I PRINT CRTG Total for Department 420 76.00 50.00 50.00 50.00 9,766.86 10,225.96* 17,091.91 17,091.91* 250.00 250.00* 26.14 29.00 171.73 672.05 114.89 130.00 547.00 30.0D 21.31 19.16 605.00 46.00 15.64 62.07 44.69 32.00 21.31 18.05 16.29 1,414.34 15.96 53.82 105.32 55.37 150.42 173.21 288.57 589.35 31.94 82.97 42.58 79.64 24.32 390.00 115.69 143.78 6,379.61* -15- • Date: 07/22/2009 Time: 08:58:30 Operator: KKF • Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount BUILDING INSPECTIONS TKDA 2009 GEN FUND ENG SVCS Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET IIIIIii FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS • A E L SUPERIOR SOD C ROILS OF SOD TDS METROCOM MN MONTHLY PHONE SVC BRYAN ROCK PRODUCTS, CLASS 5 DIAMOND VOGEL PAINTS 5G WHITE HIGH BUILD DURA AGGREGATE INDUSTRIES CONCRETE SAND CONNEXUS ENERGY MONTHLY ENERGY USAGE EARL ANDERSON ASSOCI 9' STREET SIGN PLATES FRATTA.LONE'S HARDWA FASTENERS FRATTAILONE'S HARDWA FASTENERS /REDWOOD STAIN MENARDS, INC. MAIL BO% REPAIR AMERICAN MESSAGING PAGER USAGE XCEL ENERGY ENERGY USAGE T.A. SCHIFSKY AND SO AC MODIFIED ASPHALT BURNHAM TREE EXPERTS REMOVE & HAUL TREE /GRIND SIGNATURE LIGHTING, STREETLIGHT REPAIRS /CITY Total for Department 430 AMERICAN FASTENER & HEX CAP /NUTS /WASHERS POMP'S TIRE SERVICE, OFF RD SVC CALL /FLAT REP ALTERNATOR F STARTER REPLACE CLUTCH PULLEY /SQ EGAN OIL COMPANY ULSD #2 DYED EGAN OIL COMPANY UNL GAS EMERGENCY AUTOMOTIVE MAPLIGHT TOP EXIT W /WIRE MIDWAY INDUSTRIAL SU REPAIR KIT /PISTON ROD /PU LTG POWER EQUIPMENT, CABLE-THROTTLE STATE OF MINNESOTA EPCRA PROGRAM U S BANK 30RAPER- 1200MM U S BANK MONTHLY CHARGES HUGO MILL D/D AIR FILTER HUGO MILL VALVE -DRAIN OIL DAVIS EQUIPMENT CORP PTO 1/2 MAL /F S /BOLT KIT TOUSLEY FORD, INC. TRANSMITTE FIRST CALL AUTO PART FUEL /OIL /AIR FILTERS FIRST CALL AUTO PART NEW WTR PUMP Total for Department 431 PREMIUM WATERS, INC. ACE SOLID WASTE, INC AMER/PRIDE LINEN /APP TDS METROCOM MN J. P. COOKE COMPANY, C. P. OFFICE PRODUCT CENTENNIAL UTILITIES CONNEXUS ENERGY LAKESIDE COLLISION, LEAGUE OF MN CITIES CENTERPOINT /MINNEGAS MONTHLY SERVICE MONTHLY RUBBISH REMOVAL MONTHLY REPLACEMENT OF R MONTHLY PHONE SVC CUSTOM %STAMPER - CITY 0 CHAIR MAT GAS USAGE MONTHLY ENERGY USAGE K9 UNIT #362 CLAIM CL#11061618 - 07/19/09 D 1187 MAIN ST GAS USAGE 278.03 278.03* 3.07 36.34 849.66 1,391.91 100.54 1,103.37 69.97 5.42 22.82 43.62 3.83 172.36 2,350.7D 852.00 282.60 7,288.21* 7.17 246.35 133.91 2,315.57 4,379.BD 48.09 589.31 26.56 25.00 301.89 8.10 35.28 17.54 206.33 26.45 49.15 62.44 8,478.94* 5D.14 413.31 141.96 118.91 42.65 45.7B 1,429.51 1,428.94 1,504.24 500.00 44.32 Date: 07/22/2009 Department Time: 08:58:3D Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS CENTERPOINT /MIINNEGAS 1189 MAIN 6T (2) GAS USA GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS 1189 MAIN ST GAS USAGE GOVERNMENT BUILDINGS SCEL ENERGY ENERGY USAGE GOVERNMENT BUILDINGS STANSBERRY, KAY K STANSBERRY CLOTHING AL GOVERNMENT BUILDINGS PITNEY BOWES, INC. SERVICES CHARGES GOVERNMENT BUILDINGS MINNESOTA SHREDDING DOCUMENT SHREDDING GOVERNMENT BUILDINGS SAM'S CLUB, INC. BREAK ROOM SUPPLIES GOVERNMENT BUILDINGS U S HANK MONTHLY CHARGES GOVERNMENT BUILDINGS U S BANK OMNIPAGE PRO 17 UPGRADE GOVERNMENT BUILDINGS U 6 BANK PAINT BRUSHES /FAN /KILZ GOVERNMENT BUILDINGS U S BANK UPS FOR SERVERS GOVERNMENT BUILDINGS COMCAST INTERNET & IP ADDRESS SV GOVERNMENT BUILDINGS NAC MECHANICAL& ELEC SERVICE CONDENSING UNIT GOVERNMENT BUILDINGS ROSEVILLE, CITY OF JULY 09 PHONE BILL Total for Department 432 PARKS PARRS PARKS PARRS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECR EATI ON RECREATION RECREATION ENVIRONMENTAL FORESTRY ACE SOLID WASTE, INC MONTHLY RUBBISH REMOVAL PHILIP'S TREE CARE APPLICATION OF BROADLEAF CENTENNIAL UTILITIES GAS USAGE CONNEXUS ENERGY MONTHLY ENERGY USAGE DEGARDNER, RICK MILEAGE FRATPALLONE'S HARDWA LAWNMOWER OIL FRATrALLONE•S HARDWA TERRO ANT KILLER FRATrALrONR'S HARDWA WASP & HORNET ACE CENTERPOINT /MIN EGAS 1179 MAIN ST GAS USAGE CENTERPOINT /MINNEGAS 6520 PHEASANT RUN GAS US TESSMAN SEED COMPANY ATHIETIC TWO MIX RECREATION, SPORTS & LACROSSE NETS /PAIR Total for Department 450 MINNESOTA DEPT OF EM 2ND QTR UNEMPLOYMENT U S BANK U S BANK Total for FRONTIER PRECISION, Total for FORESTRY SUPPLIERS, Total for MONTHLY CHARGES PLAYGROUND SUPPLIES Department 451 TRTIABLE TERRASYNC /PATBFFI Department 461 ORANGE WET COAT AEROSOL Department 463 Total for Fund 101 BANGERT, TRISH DEE, KEN KAUL, NANCY LOCKWOOD, LINDA OSMEK, LARRY R.USCO, MARSHA Total for WITHDREW FROM SOCCER REGISTRATION CLASS CANCELLED CANCELLED CLASS WITHDREW FROM SOCCER WITHDREW FROM FOOTBALL Department 32.49 16.56 5,570.67 131.08 663.00 16.50 117.50 24.30 117.36 32.35 186.76 69.90 1,072.81 951.30 14,722.34* 117.37 266.25 37.39 7.99 39.05 7.98 6.40 6.37 26.41 15.21 734.85 600.64 1,865.91* 13.34 8.10 142.83 164.27* 1,385.10 1,385.10* 73.77 73.77* 110,858.13* 30.00 10.00 30.00 35.00 45.0D 80.00 230.00* _17_ Date: 07/22/2009 Time: 08:58:30 Operator: KKF • Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PROGRAM REC LARSON ALLEN, LLP 2008 AUDIT PROGRESS BILL 71.39 Total for Department 200 71.39* ADULT SPORTS MRPA TOURNAMENT FEE 10.00 ADULT SPORTS U S BANK FREIGHT CHARGES 269.2D ADULT SPORTS U S BANK MONTHLY CHARGES 16.20 Total for Department 202 295.40* SPECIAL EVENTS /TRIPS U S BANK MONTHLY CHARGES 8.10 SPECIAL EVENTS /TRIPS U S BANK PAINT BRUSHES /FAN /KILZ 23.10 Total for Department 205 31.20* YOUTH INSTRUCTIONAL SOCCER USA MINNESOTA INK /ART WORK CHARGES 313.25 YOUTH INSTRUCTIONAL SKYHAWKS SPORTS ACRD RICE LAKE ELEM SCHOOL 1,670.00 YOUTH INSTRUCTIONAL U S BANK GOLF 65.00 YOUTH INSTRUCTIONAL U S BANK MONTHLY CHARGES 8.10 Total for Department 207 2,056.35* YOUTH SPORTS IMAGE PRINTING & GRA POCKET FOLDERS 740.9D YOUTH SPORTS U S BANK CINCH SACKS 5,808.00 YOUTH SPORTS U S BANK MONTHLY CHARGES 16.20 Total for Department 208 6,565.10* Total for Fund 201 9,249.44* OTHER LARSON ALLEN, LLP 2008 AUDIT PROGRESS BILL 324.97 Total for Department 499 324.97* Total for Find 301 324.97* OTHER LARSON ALLEN, LLP 2008 AUDIT PROGRESS BILL 467.15 Total for Department 499 467.15* Total for Fund 401 467.15* FLEET VERMEER OF MINNESOTA SCREW- HCS,BINS /FILTER /OI 305.25 Total for Department 431 305.25* PARKS ANOKA COUNTY LICENSE NEW TRAILER 418.75 Total for Department 450 418.75* Total for Fund 402 724.00* OTHER LARSON ALLEN, LLP 2008 AUDIT PROGRESS BILL 519.38 Total for Department 499 519.38* Total for Fund 406 519.38* OTHER TKDA 2009 OVERLAY PROJECT 11,060.22 OTHER TKDA 2009 SEALCOAT PROJECT 4,051.31 • Date: 07/22/2009 Time: 08:58:30 Operator: KKF Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Total for Department 499 Total for Fund 421 OTHER LARSON ALLEN, LLP 2008 AUDIT PROGRESS BILL Total for Department 499 Total for Fund 422 OTHER LUNDA CONSTRUCTION C LAKE DRIVE /355 INTERCHAN Total for Department 499 Total for Fund 471 LAKE STATE REALTY SE SPECIAL ASSESS PROD /EXIT Total for Department Total for Fund 474 WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER MN. DEPT OF HEALTH SHOREVIEW, CITY OF RAINBOW, INC. COMM WATER SUPPLY SVC CO METER USAGE CHARGES HYDRANT METER DEPOSIT Total for Department INSTRUMENTAL RESEARC TDS METROCOM MN CONNEXUS ENERGY HAWKINS , INC. GOPHER STATE ONE CAL LARSON ALLEN, LLP AMERICAN MESSAGING CEN ERPOINT /MINNEGAS CENTERPOINT /MINNEGAS cI TERPOINT /MINNEGAS TYLER TECHNOLOGIES XCEL ENERGY SHOREVIEW, CITY OF STATE OF MINNESOTA TKDA CAPITAL CITY GLASS, Total for TOTAL COLIFORM BACTERIA MONTHLY PHONE SVC MONTHLY ENERGY USAGE LPC -5 /HYDRO ACID /CHLORIN 268 LOCATES 2008 AUDIT PROGRESS BILL PAGER USAGE 1180 BIRCH ST GAS USAGE 6774 BLACK DUCK GAS USAG 6786 CLEARWATER CREEK GA SOFTWARE MAINTENANCE ENERGY USAGE METER USAGE CHARGES EPCRA PROGRAM 2009 GEN FUND ENG SVCS CLEAR POLYCARBONATE Department 494 Total for Find 601 A & L SUPERIOR SOD C AMERICAN FASTENER 4 TWIN CITY FAB, INC. BRYAN ROCK PRODUCTS, CENTENNIAL UTILITIES CONNEXUS ENERGY 2 ROLL SOD HEX CAP /NUTS /WASHERS 14 GA MESH CLASS 5 GAS USAGE MONTHLY ENERGY USAGE Amount 15,111.53* 15,111.53* 62.41 62.41* 62.41* 14,552.75 14,552.75* 14,552.75* 2,750.00 2,750.00* 2,750.00* 6,717.00 9.54 -28.54 6,698.00* 142.50 109.02 1,880.64 7,320.39 194.30 1,152.32 11.46 10.48 65.12 70.26 2,124.83 169.75 2,346.81 75.00 1,313.29 288.23 17,274.40* 23,972.40* 3.DB 5.63 50.64 224.19 13.60 371.33 • • Date: 07/22/2009 Time: 08:58:30 • Department Operator: REF Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • • FRATTALLONE'S HARDWA GOPHER STATE ONE CAL HUGO NL1:1.) MILL, INC. INFRATECH TECHNOLOGI LARSON ALLEN, LIP AMERICAN MESSAGING TYLER TECHNOLOGIES SHOREVIEW, CITY OF TKDA VIKING INDUSTRIAL CE METROPOLITAN COUNCIL Total for ANOKA ANOKA ANOKA ANOKA ANOKA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA KEY TITLE INC RAINBOW, INC. Total PVC CAP 268 LOCATES GREAT STUr't, CLEAN & VAC LIFT STATION 2008 AUDIT PROGRESS BILL PAGER USAGE SOFTWARE MAINTENANCE METER USAGE CHARGES 2009 GEN FUND ENG SVCS N-DEX PLUS B MIL HD DISP MONTHLY WASTEWATER SVC Department 495 Total for Fund 602 COUNTY COUNTY COUNTY COUNTY COUNTY LICENSE LICENSE LICENSE LICENSE LICENSE 1990 VOLVO 1996 FORD THUNDERBIRD 2000 DODGE 2002 MERCURY 2002 PONTIAC AD GRAPHICS-06/09 CEN FARMS NO -4TH ADDN -06 FOXBOROUGH -6/09 GRANDVIEW -06/09 MARSHAN MEADOWS -06/09 PINE GLEN PHASE 2 -06/09 THE PRESERVE -06/09 VAUGHAN ADDN -6/09 6192 LINDA LN PERMIT REF HYDRANT METER DEPOSIT for Department Total for Fund 801 Grand Total Amount 8.54 194.30 11.95 1,050.00 1,958.09 3.82 2,124.83 953.95 1,313.29 88.20 52,112.79 60,488.23* 60,488.23* 22.00 22.0D 22.00 251.50 22.00 135.55 609.98 203.33 67.78 406.65 406.65 475.70 135.55 3,450.00 400.00 6,630.69* 6,630.69* 245,711.0B* • • • CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 7/2/2009 - 7/22/2009 Jul 22, 2009 11:48AM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description 07/09 07/07/2009 3856 50200 07/09 07/22/2009 3857 11565 07/09 07/22/2009 3858 20390 07/09 07/22/2009 3859 30480 07/09 07/22/2009 3860 31008 07/09 07/22/2009 3861 31137 07/09 07/22/2009 3862 40010 07/09 07222009 3863 40040 07/09 07/22/2009 3864 50120 07/09 0722/2009 3865 120450 07/09 07/22/2009 3866 130205 07/09 07/22/2009 3867 130440 07/09 07/22/2009 3868 140450 07/09 07/22/2009 3869 150140 07/09 0722/2009 3870 160550 07/09 07/22/2009 3871 210232 07/09 07/22/2009 3872 220200 07/09 07/22/2009 3873 240100 Grand Totals: EM CONTRACTING ASPEN MILLS BROADWAY AWARDS, IN CENTENNIAL UTILITIES COMCAST CONNEXUS ENERGY DALCO DEEP ROCK WATER CO EMERGENCY APPARATU CITY OF LINO LAKES MMKR, INC METRO FIRE, INC NORTH MEMORIAL MEDI OFFICE DEPOT, INC PUBLIC SAFETY CENTER UNI- SELECT VERIZON WIRELESS XCEL ENERGY ROOF REPAIR 2008 STORM DA UNIFORM SAFETY CAMP AWARDS STATION 1 UTILITIES INTERNET STATION 1 ELECTRIC CLEANING SUPPLIES BOTTLED WATER TANKER 31 JUNE REIMBURSEMENTS FINAL 2008 AUDIT BILLING FIREFIGHTER GLOVES OXYGEN TANKS OFFICE SUPPLIES FLASHLIGHT VEH PARTS CELL PHONES ELECTRIC STATION 2 Check Amount 4,444.75 199.90 894.60 9729 283.00 465.78 303.61 18.79 445.63 19,930.32 4,865.00 381.51 500.00 84.73 86.68 23.04 202.09 540.30 33,767.02 M = Manual Check, V = Void Check • • • SPECIALCOUNCIL MEETING July 6, 2009 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 SPECIAL COUNCIL MEETING 5 6 DATE : July 6, 2009 7 TIME STARTED : 5:35 p.m. 8 TIME ENDED : 6:08 p.m. 9 MEMBERS PRESENT : Council Members Reinert, Stoltz, 10 Gallup, O'Donnell and Mayor Bergeson 11 MEMBERS ABSENT : none 12 13 Also Present Acting City Administrator Dan Tesch; Community Development Director 14 Michael Grochala; Public Safety Director Dave Pecchia; Economic Development 15 Coordinator Mary Alice Divine; City Engineer Jim Studenski; Director of Finance Al 16 Rolek; City Planner Jeff Smyser, City Clerk Julie Bartell 17 18 Mayor Bergeson called the meeting to order at 5:35 p.m. in the Community Room at Lino 19 Lakes City HalL 20 21 The only agenda item was consideration of Resolution No. 09-43, accepting a feasibility 22 report on improvements and calling for a hearing on improvements to the I- 35E/County 23 State Aid Highway (CSAH) 14 interchange. The feasibility report was distributed at the 24 beginning of the meeting. 25 26 Community Development Director Grochala explained that a feasibility report for this 27 project was authorized by the council in April of 2009. The improvements to the 28 interchange of I- 35E/CSAH 14 and estimated project cost were reviewed. The project, as 29 proposed, would involve some assessment to benefiting property owners. 30 31 Craig Vaughn, SRF Consulting Group, Inc., reviewed the feasibility study. 32 33 Two stakeholder meetings were held in May and June at which the proposed project was 34 presented_ 35 36 Staff is recommending that the council accept the feasibility study and set a public 37 hearing on the subject for July 27, 2009. It was confirmed that passage of the resolution 38 would not represent agreement to the project or to everything in the feasibility study. 39 40 The council reviewed the project cost estimate. Staff explained that the city (local) 41 funding is not budgeted or available but they will be looking at alternative funding 42 sources. 43 44 Council Member Reinert moved to approve Resolution No. 09-43 as presented. Council 45 Member Stoltz seconded the motion. Motion carried. SPECIALCOUNCIL MEETING July 6, 2009 DRAFT 1 2 The meeting was adjoumed at 6:08 p.m. 3 4 These minutes were considered, corrected and approved at the regular Council meeting held on 5 July 27, 2009. 6 7 8 9 10 City Clerk, Julianne Bartell John Bergeson, Mayor 2 -23- • • • • • • COUNCIL MINUTES July 13, 2009 DRAFT 1 2 3 CITY OF LINO LAKES 4 MINUTES 5 REGULAR COUNCIL MEETING 6 7 8 DATE : July 13, 2009 9 TIME STARTED : 6:35 p.m. 10 TIME ENDED : 7:00 p.m. 11 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 12 Stoltz and Mayor Bergeson 13 MEMBERS ABSENT : none 14 15 Staff members present: Director of Administration, Dan Tesch; City Attorney, Joseph Langel; 16 Director of Community Development, Michael Grochala; City Engineer, Jim Studenski; Economic 17 Development Coordinator, Mary Alice Divine; Public Safety Director, Dave Pecchia; 18 City Clerk, Julie Bartell. 19 20 PUBLIC COMMENT/OPEN MIKE 21 22 There was no public comment. 23 24 SETTING THE AGENDA 25 26 The agenda was approved as presented. 27 28 CONSENT AGENDA 29 30 Council Member Stoltz moved to approve the Consent Agenda. Council Member O'Donnell 31 seconded the motion. Motion carried. 32 33 ITEM ACTION 34 35 1A. Consideration of Expenditures: 36 i) July 13, 2009 (Check No. 85982 through 86251), $441,334.64; Approved 37 ii) Centennial Fire District (Check No. 3840 through 3855), 38 $13,29431 Approved 39 40 1B. Consider not waiving monetary limits on tort liability per Minnesota 41 Statutes, Section 466.04 Approved 42 43 FINANCE DEPARTMENT REPORT, AL ROLEK 44 45 There was no report from the Finance Department. COUNCIL MINUTES July 13, 2009 DRAFT 46 47 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 48 49 3A. 2009 Blue Heron Days Festival 50 51 L Liability insurance for certain Blue Heron Days events 52 53 Economic Development Coordinator Divine reviewed the events planned for this year's Blue 54 Heron Days festival to be held the weekend of August 22 -23, 2009. The matter of who will carry 55 insurance for those festival events that don't have individually insured sponsors (the parade, 56 medallion hunt, bike rodeo, commerce and crafts fair and ambassador's program) is before the 57 council. It was determined in 2008 that the city's insurance coverage through the League of 58 Minnesota Cities (LMC) does not exclude these activities but the LMC would expect the city to 59 assume the coverage by a motion. 60 61 Council Member Reinert moved to confirm the city's liability coverage as presented. Council 62 Member Gallup seconded the motion. Motion carried. 63 64 iL Use of certain city -owned property for Blue Heron Days events 65 66 Economic Development Coordinator Divine reviewed the list of festival events that would 67 involve city -owned property and again noted the insurance coverage for events that is afforded 68 through the League of Minnesota Cities. Staff is requesting that the council authorize the use of 69 city property. 70 71 Council Member O'Donnell moved to grant permission for the use of city property as requested. 72 Council Member Stoltz seconded the motion. Motion carried. 73 74 iii. Consideration of Resolution No. 09-42, approving a special event and parade 75 permit for the 2009 Blue Heron Days festival 76 77 City Clerk Bartell reported that a special event and parade permit has been requested for the Blue 78 Heron Days festivaL The permit system gives the city an opportunity to review safety and other 79 considerations. Staff including police and fire, have reviewed the applications and have signed 80 off on the permits with the understanding that the applicants will continue to follow their 81 instructions on safety, signage and parking up to and through the festival Staff is recommending 82 approval of a special event and parade permit for this year's Blue Heron Days community 83 festivaL 84 85 Council Member Reinert moved to approve Resolution No. 09-42 as presented. Council Member 86 Gallup seconded the motion. Motion carried. 87 88 3B. Consideration of Resolution No. 09-41, approving a special event permit and 1-4 day 89 temporary on -sale liquor license for American Legion Post 566 Blue Heron Days 90 Family Picnic on August 22 & 23, 2009 2 —25— • • • COUNCIL MINUTES July 13, 2009 DRAFT • 91 City Clerk Bartell reported that as part of Blue Heron Days, American Legion Post 566 has 92 scheduled a special event for Saturday and Sunday, August 22 and 23. The event plans include a 93 pig roast, corn feed, horseshoe tournament, and music. The Legion would like to fence off a 94 portion of their property to be used for picnic festivities for these two days only. The Minnesota 95 Alcohol Enforcement Division requires a Temporary On -Sale Liquor License to allow the 96 consumption of alcohol in this outdoor area. The Legion has submitted an application for both a 97 special event permit and temporary liquor license. The applications have been reviewed by staff, 98 including the police and fire departments and the applicant has agreed to comply with safety 99 conditions and to address any other considerations that may arise. Therefore, staff is presenting for 100 city council consideration a resolution authorizing the issuance of a special event permit and 101 temporary liquor license to American Legion Post 566. 102 103 Council Member Reinert moved to approve Resolution No. 09-41 as presented. Council 104 Member Gallup seconded the motion. Motion carried. 105 106 3C. Consideration of Resolution No. 09-46, approving a special event permit for 107 Miller's on Main annual musicltent event to be held on August 21 and 22, 2009 108 109 City Clerk Bartell reported that Chad Wagner, owner of Miller's on Main has applied to the City 110 for permission to conduct a music event on August 21 and 22. Mr. Wagner is requesting 111 a special event permit. Staf fhas been working with him to ensure that the event is planned to 112 comply with appropriate regulations, including public safety requirements and a list of 113 conditions has been developed and are set forth as an attachment to the resolution before the 114 council Mr. Wagner has obtained a lease agreement for property adjoining the site of the event 115 thus allowing him to meet the set back requirements for a tent. 116 117 Council Member Reinrt moved to approve Resolution No. 09-46 as presented. Council Member 118 Gallup seconded the motion. Motion carried. 119 120 3D. Consideration of Resolution No. 09-44, authorizing issuance of a 1-4 day temporary 121 liquor license to American Legion Post 566 for a horseshoe tournament on July 25, 122 2009 123 124 City Clerk Bartell reported that American Legion Post 566 has submitted an application for 125 a temporary on -sale liquor license to allow their patrons to consume on their property but outside 126 their building as part of a horseshoe tournament scheduled for July 25, from 10 a.m. to 9 p.m. 127 Their application has been reviewed by staff and the applicant has responded to the city's 128 requirements. A resolution authorizing the issuance of a one -day temporary license 129 is before the council for consideration 130 131 Council Member Gallup moved to approve Resolution No. 09-44 as presented_ Council Member 132 O'Donnell seconded the motion. Motion carried_ 133 134 3E. Consideration of an Agreement with the Centennial School District for a Two-Year 135 Extension for the Operation of the Early Childhood Center COUNCIL MINUTES July 13, 2009 DRAFT 136 137 Administrator Tesch reported that the ten -year lease between Centennial School District and the 138 city for space for their early childhood center is expiring. Staff has negotiated a two -year 139 extension to the lease, incbiding an amendment to include HVAC costs. Staff recommends 140 approval of the lease agreement 141 142 Council Member Gallup moved to approve the agreement with Centennial School District as 143 presented. Council Member O'Donnell seconded the motion. Motion carried. 144 145 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 146 147 There was no report from the Public Safety Department. 148 149 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 150 151 There was no report from the Public Services Department. 152 153 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 154 155 6A. Consideration of Resolution No. 09 -45, Authorizing Preparation of Plans and 156 Specifications, 2009 Surface Water Management Project 157 158 City Engineer Studenski reported that the city annually implements a surface water management 159 project to review twenty percent of the city's outfa1_ls, sediment basins, storm sewers and ponds 160 as a maintenance effort to comply with NPDES requirements and to ensure effectiveness. A map 161 showing the area's that have been completed was reviewed_ Staff is requesting that the council 162 authorize the preparation of plans and specifications for this year's project. 163 164 Council Member Stoltz moved to approve Resolution No. 09-45 as presented. Council Member 165 Gallup seconded the motion. Motion carried. 166 167 6B. Consideration of Resolution No. 09-47, Authorizing Preparation of Feasibility 168 Study, Pine Street Paving Improvement Project 169 170 City Engineer Studenski explained that the resolution before the council authorizes preparation 171 of a feasibility study for the paving of Pine Street from Main Street to its western terminus. This 172 is a joint gravel road shared by the cities of Lino Lakes and Columbus. The council has received 173 a petition from residents and has determined there is interest to merit going forward with a 174 feasibility study. Cost, schedule and assessments would be laid out in study. This project would 175 be one- hundred percent assessed to residents. The city of Columbus has submitted a letter 176 indicating their cooperation and support and that they will be splitting the costs with the city. 177 There will be separate reports in respect of the differing improvement processes for the cities. 178 Staff is recommending approval of the resolution. 179 180 A resident asked why there is no cost participation in the street work by the city, state or county 4 _27_ • • • 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 Aik 202 lip 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 •225 226 COUNCIL MINUTES July 13, 2009 DRAFT especially since the cost of maintaining a dirt road is very high and improvements would be beneficial all around. The mayor explained that the city charter doesn't allow city participation without a referendum. Another resident asked for confirmation that the Columbus residents are on board. City Engineer Studenski stated that there is definitely support and the council there also supports the project. A council member confirmed that there was previous discussion about how the cost of the study could be split to reflect the 4th Avenue split in interest. Engineer Studenski confirmed that that concern is addressed in the report. Council Member Reinert moved to approve Resolution No. 09-47 as presented. Council Member O'Donnell seconded the motion. Motion carried. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 8A. Approval of June 22, 2009 City Council Meeting Minutes Council Member Gallup moved to approve the June 22, 2009 City Council Meeting Minutes as presented. Council Member O'Donnell seconded the motion. Motion carried. Council Member Stoltz abstained from voting 8B. Approval of June 22, 2009 Council Work Session Minutes Council Member Gallup moved to approve the June 22, 2009 Council Work Session Minutes as presented. Council Member O'Donnell seconded the motion. Motion carried. Council Member Stoltz abstained from voting. There being no further business, Council Member O'Donnell moved to adjourn at 7:00 p.m. Council Member Stoltz seconded the motion. Motion carried. These minutes were considered and approved at the regular City Council Meeting on July 27, 2009. is Thursday, July 16 4 Monday, July 27 4 Monday, July 27 Community Calendar - A Look Ahead July 14, 2009 through July 27, 2009 7:00 am, Community Room Joint Meeting with EDAC 5:30 pm, Council Workroom Council Work Session 6:30 pm, Council Chambers Council Meeting 5 -28- 227 228 229 230 COUNCIL MINUTES July 13, 2009 DRAFT • 231 Julianne Bartell, City Clerk John Bergeson, Mayor 232 • • 6 -29- • • • SPECIAL WORK SESSION July 13, 2009 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 SPECIAL WORK SESSION 5 6 DATE : July 13, 2009 7 TIME STARTED : 6:05 p.m. 8 TIME ENDED : 6:30 p.m. 9 MEMBERS PRESENT : Council Members Reinert, Stoltz, 10 Gallup, O'Donnell and Mayor Bergeson 11 MEMBERS ABSENT : none 12 13 Staffpresent: Acting City Administrator, Dan Tesch; Director of Finance, Al Rolek; 14 Director of Public Safety, Dave Pecchia; City Engineer, Jim Studenski; City Clerk, Julie 15 Bartell 16 17 Mayor Bergeson called the meeting to order at 6:05 p.m. in the Council Workroom at 18 Lino Lakes City Hall 19 20 City Administrator Position — The mayor remarked that this meeting was called to 21 discuss how the council intends to move ahead on the vacant city administrator position.. 22 23 Administrator Tesch updated the council on hiring process. The deadline for applications 24 has come and gone and consultant Harry Brull has narrowed the 36 applicants down to 6 25 or 7. If the council is to delay the process, there is some concern about how that could 26 impact the pooL The process could be moved forward just to the point of notifying those 27 not in the final pool and notifying the finalists that the process will be delayed. 28 29 Finance Director Rolek explained the approximate financial impact of not filling the 30 position. The budget has already been adjusted to reflect a vacancy for six months. 31 32 A council member suggested that part of the decision is what council will make the 33 selection — the council of 2009 or 2010. The current council may be better suited to find 34 a person with a good fit given its collective experience. 35 36 A council member suggested that it makes sense to have more budget discussion before 37 moving on the position and Finance Director Rolek noted that the first budget discussion 38 will be August 10. With that schedule in mind, a member suggested that the council take 39 up the hiring process in September and October, that wouldn't be much different from the 40 originally planned hiring schedule but would allow for budget considerations prior to 41 hiring. 42 43 The council requested that staff provide a timeline for the process. 44 SPECIAL WORK SESSION July 13, 2009 DRAFT 1 Proposed Charter Amendment — City Clerk Bartell distributed a letter received this day 2 from the Lino Lakes Charter Commission. The letter includes a proposed charter 3 amendment. Clerk Bartell explained that the proposed amendment is being presented 4 pursuant to Minnesota Statutes, Section 410.12, Subdivision 7, Amendment by Ordinance 5 and that state law lays out a process and time schedule on how such an amendment must 6 be considered. The letter had been forwarded to the city attorney upon receipt. 7 8 Upon reviewing the schedule and noting that the council is required to publish a hearing 9 notice on the amendment within one month of receipt, the council decided that they will 10 discuss the amendment at their next regular full work session on August 3. They directed 11 staff to in epare a report and schedule explaining the process and also outlining costs 12 associated with the change called for by the amendment. 13 14 Pine Street Improvement Project — City Engineer Studenski explained that the residents 15 are staying in touch, the city of Columbus has confirmed that they are on board, and staff 16 is keeping people up to date. At this point, he is comfortable that the residents are ready 17 for the feasibility study to move forward. Mr. Studenski clarified that the costs will be 18 divided appropriately with Columbus, in consideration of the different processes. 19 20 The meeting was adjourned at 6:30 p.m. 21 22 These minutes were considered and approved at the regular Council meeting held on July 27 23 2009. 24 25 26 27 28 City Clerk, Julianne Bartell John Bergeson, Mayor 2 —31— • • • SPECIAL WORK SESSION June 3, 2009 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 SPECIAL WORK SESSION — COMP PLAN UPDATE 5 6 DATE : June 3, 2009 7 TIME STARTED : 5:30 p.m. 8 TIME ENDED : 9:25 p.m. 9 MEMBERS PRESENT : Council Members Reinert, Stoltz, 10 Gallup, O'Donnell and Mayor Bergeson 11 MEMBERS ABSENT : none 12 13 Staff present Acting City Administrator Dan Tesch; Director of Community 14 Development Nfichael Grochala; City Planner, Jeff Smyser, City Clerk Julie Bartell 15 16 Mayor Bergeson called the meeting to order at 5:30 p.m. in the Police Workroom at Lino 17 Lakes City Hall. 18 19 Bonestroo consultant, Ciara Schlicting, reviewed the written staff report relative to the 20 council's discussion of the proposed 2030 Comprehensive Plan Update (the Plan). The 21 council had tabled discussion of the Plan at the May 11, 2009 city council meeting with a 22 plan to discuss the following modifications: modification of forecasts, a land use change 23 request relative to 797 Main Street and the Waldoch Farm Garden Center, and possible 24 ordinances to restrict or control growth of affordable housing. Ms. Schlicting first 25 mentioned the inclusion of a natural resource protection plan within the Plan, noting that 26 it is a valuable element unique to this Plan. There have been several comments by 27 council members about the impact growth could have on natural resources and she 28 wanted to point out that important protection that is included in the Plan. She reviewed 29 the citizen involvement history that has brought the city to the current Plan proposal, 30 including a survey, visioning, and the citizen advisory panel (that included citizens from 31 the visioning process as well as representatives of the city's advisory boards). The goals 32 and strategies from the vision plan were incorporated, through review of the advisory 33 panel, directly into the Plan. When the advisory panel looked at forecasts, they 34 considered both the Metropolitan Council forecast and a market approach. Consultant 35 Bonestroo also reviewed the resource management plan with the council noting that it 36 integrates many elements of resources together and will help guide development while 37 protecting the area's natural resources. The land use plan was developed as a full-build 38 by the advisory group so that long -range infrastructure planning could be included. Then 39 that plan was trimmed back in terms of MUSA to accommodate the 2030 market based 40 forecast. She reviewed the staging included in the Plan. She pointed out that there is 41 actually less land staged in the proposed 2030 Plan that in the current 2020 Plan. She 42 reviewed a map that indicated all the elements coming together (land use, resources 43 management and staging). Staff is now recommending, based on the comments they've 44 heard, that the forecast be amended to reflect those contained within the Metropolitan 45 Council system statement as amended by the city council through the Hardwood Creek SPECIAL WORK SESSION June 3, 2009 DRAFT 46 Comprehensive Plan Amendment that occurred in 2006. That would result in the 47 reduction of the cumulative 2030 household forecast by a total of 2,000 units and would 48 also reduce the city's affordable housing goal to 560 units. That change would require 49 some text modifications and remodeling of the city's sanitary sewer system and traffic 50 system projections. 51 52 A council member asked how the 2,000 reduction is reflected as far as the two plan stages 53 and staff explained that it would basically be based on staging but staging doesn't 54 guarantee development within a certain time period. 55 56 Chris Lyden, 6275 Holly Drive W, asked if there is any criteria that would deal with a 57 situation where stage one is completed prior to plans. Would the city be able to question 58 stage two opening up prematurely? Also, regarding roadways, they will be greatly 59 impacted by fast growth and he is concerned that could create quality of life issues. 60 61 Community Development Director Grochala responded that a movement to stage two 62 before its established time would require a comp plan amendment by the council. 63 Movement within the stages (la to lb) would require a council resolution. 64 65 A council member requested a discussion on pace. Consultant Schlicting explained that 66 the council will have control over pace because they review and approve development 67 proposals based on the established goals and policies in the Plan. In one way the 68 infrastmcture must precede the development and the Plan guides infrastructure 69 development and is a legal foundation on which to manage pace. Staff pointed out that a 70 goal of the Plan is to accommodate quality growth; that includes the resource 71 management plan element that protects what the city has identified as planned resources 72 and the same follows with transportation and sewer where the plan includes goals. 73 74 If the council directs the change in the forecast, staff would require some additional 75 consultant assistance in making modifications to the Plan elements. There will be more 76 land than forecasted but that will be explained as part of the modification. 77 78 Paul Tralle, Planning and Zoning Board chair, addressed the counciL He has been 79 involved in this process from the beginning. A great deal of time has been spent by many 80 volunteers from the community (17 meetings). There were public open houses, open 81 discussions in Zoning & Planning Board meetings, they crunched the numbers and he is 82 standing by the Plan they have recommended. He suggests that it is inappropriate for a 83 council member to discount all the work that went into the Plan and push to make 84 changes based on the input of four people at the last council meeting — there were many 85 more people involved in bringing it forward. 86 87 A council member replied that he has had a level of concern from the onset of the process 88 with some of the numbers and, further, some residents have voiced concerns directly to 89 council members. It was noted that the changes being considered now won't change the 2 —33— • • SPECIAL WORK SESSION June 3, 2009 DRAFT 90 vision that was brought forward but will allow more flexibility as the things evolve. He 91 believes this is a more realistic view. 92 93 Laura Carlson, participant in the visioning process and member of the Comprehensive 94 Plan Update Advisory Panel (the Panel) explained that she believes the direction of the 95 group was based on the analysis (numbers) information provided with consideration of 96 not being arbitrary. It is important to realize that growth isn't just about people who own 97 lots but also people who own land. The advisory group felt it was important to follow 98 market forecasts but if those numbers are truly changing, she doesn't feel the group 99 would have a strong problem with an adjustment. 100 101 Barbara Bor, Environmental Board and Panel member, stated that she sees that residents 102 in established neighborhoods are concerned about changes that could occur to their area 103 as a result of growth; they recognize that growth is inevitable and tax base is good but she 104 thinks those people want to see that the council is doing what is possible to keep things 105 positive and minimize the negative aspects of the growth. She believes it was a good 106 process that brings the Plan forward although it was not helpful that some of those who 107 volunteered to participate in the citizen process did not show up to meetings but yet did 108 not resign their positions so that another volunteer could step up. 109 110 Michael Hyden, Planning and Zoning Board and Panel member, added that he supports 111 Mr. Tralle's comments in that public input was highly welcomed during the Plan 112 development. He feels the market will be foremost and the Plan proposed is good 113 because it prepares the city for the growth that will come. It is not wrong to go slow but 114 you may miss out on good opportunities. He supports the Plan as it was presented. 115 There is control in the Plan through the use of phasing that gives the city the flexibility to 116 move. 117 118 A council member suggested that pace isn't the only consideration but the restrictions that 119 have been in place from the last update have served well to allow the city to move 120 forward carefully. Good opportunities can be moved on as thoughtful decisions but you 121 also have the ability to turn down development you don't want. 122 123 Terry O'Connell, owner of a property on Main Street, first remarked that there were more 124 than four residents at the last council meeting. She's heard from a few neighbors that the 125 process hasn't been geared toward open discussion as much as promoting agreement with 126 what is proposed. 127 128 Council Members weighed in as follows on the Plan as proposed by the Panel and the 129 alternative that modifies the Plan forecast 130 131 - The Plan brought forward by the advisory panel is very good and has been 132 identified as one of the most thorough and well researched plans of any city 133 involved in this process. A change in the forecast maybe an appropriate SPECIAL WORK SESSION June 3, 2009 DRAFT 134 consideration especially if that is necessary to gain the support needed for 135 passage. 136 The Plan that came forward is a good one but there is room for discussion on 137 the numbers. 138 The council as a whole is committed to optionality and quality and the process 139 that brought this Plan forward has required those values all along. It includes 140 options for input from the city as growth is proposed. A great process brings a 141 great result and the advisory work has been a key element in the process and 142 that shows in the product. 143 - Although the Metropolitan Council forecast is a bit lower than the changes 144 proposed at this time, compromise is important also. The affordable housing 145 component is at least more realistic. 146 147 The question being if the council is ready to bring the Plan forward for a vote, more 148 discussion was requested. A council member suggested it's important to bring forward a 149 maximum of two options to the council meeting; more options would make reaching 150 agreement more difficult and moving forward less likely. Another council member 151 suggested that the consensus of this meeting should determine what will go to the council 152 floor. 153 154 The council discussed the request of Teresa Weinkauf (797 Main Street) and of Jeff Joyer 155 (Waldoch Farm Garden). Ms. Weinkauf is requesting a proposed land use change from 156 Low Density Residential to Commercial. Mr. Joyer is requesting that a portion of his 157 farm site be retained as commercial land use designation. 158 159 Planner Smyser first explained the city's responsibility under statute to conform its 160 zoning regulations to its Plan. The city's zoning follows the land use designation, 161 although there are differing zoning districts within land use categories. He showed maps 162 indicating the current land use plan and the proposed. The Weinkauf request relates to 163 how the property is guided. The existing zoning (general business) conflicts with the land 164 use designation (low density residential) and that conflict has existed for years and years. 165 The city would be correcting the situation by making the change proposed in the Plan. 166 Because of that conflict, the cun-ent use of the Weinkauf property is considered non- 167 conforming and the best thing to do with that type of a situation (in order to comply with 168 state law) is to make a change so that it conforms. The Planning and Zoning Board has 169 recommended concurrence with the Plan. Part of the consideration is that there is interest 170 on the part of the Weinkaufs to have a home business. When the city's home occupation 171 restrictions were reviewed, staff saw that the restrictions are quite strict and so they are 172 open to looking at some change when the zoning ordinance is reviewed. If the current 173 non conforming situation is allowed to continue, there is concern that there would be no 174 buffer for the residential area if businesses were to develop. 175 176 A council member noted that making all four properties commercial would not solve the 177 problem since only one of the properties would be true commercial 178 4 -35- • SPECIAL WORK SESSION June 3, 2009 DRAFT 179 The council discussed the home based business issue. They recognize that there are home 180 based businesses legitimately operating in residential areas in the city. Staff is confident 181 that the problem can be solved for the Weinkauf type of business through zoning 182 regulation changes. The Planning and Zoning Board supports that course of action. 183 184 It was pointed out that when the Weinkauf property was purchased and the city was 185 approached about appropriate uses, the city gave assurances that a business situation 186 could be worked out. 187 188 Staff noted that the driving goal is to bring the zoning and planning for the property into 189 concurrence. A council member pointed out that there are two options for the council — 190 zoning change or change the proposed Plan. Staff is recommending a zoning regulation 191 amendment as the zoning code is updated according to the Plan. Another option would 192 be to designate the area mixed use. 193 194 Ms. Weinkauf expressed concern about being limited under new home occupation 195 regulations. Also she believes that some of the other owners do not want to lose the 196 commercial designation. Four of the five parcels owners (one owner is out of town) are 197 requesting commercial zoning. There is after all a bar and a junk yard already operating 198 in the vicinity. 199 200 Planner Smyser explained that the Planning and Zoning Board recommendation is to 201 leave the properties as low density residential (as designated in the Plan), rezone the 202 properties to match and in turn revamp the home occupation zoning regulations. To 203 designate the property commercial would mean that it could be developed as such with 204 little or no buffer from adjacent residential areas. 205 206 The question for the council being what will be included in the Plan relative to the 207 Weinkauf property, staff was directed to not change the proposed Plan. 208 209 The council discussed the Jeff Joyer property (Waldoch Farm Garden Center). It is 210 currently guided medium density residential after 2030; existing zoning is both rural and 211 general business. There is agriculture and business going on there. The request of Mr. 212 Joyer is that a portion of the property be guided commercial (so they can expand in the 213 future). Staffs concern is that there is no infrastructure in place or planned that could 214 support that and other issues as welL Staff s recommendation is no change to the Plan 215 and that as part of zoning code revisions, they will reexamine and reapproach the use as a 216 commercial greenhouse. If something were to change (infrastructure), there could be a 217 comp plan amendment. 218 219 The council concurred in their support of the staff recommendation. 220 221 Staff affirmed their commitment to working with both Mr. Joyer and the Weinkauf s as 222 zoning changes are considered. 223 SPECIAL WORK SESSION June 3, 2009 DRAFT 224 The council discussed the third agenda item - ordinances to restrict or control growth of 225 affordable housing. Staff is requesting further clarification on the council's direction in 226 this are& Community Development Director Grochala explained that he has discussed 227 with the city attorney the council's past direction that staff should prepare such 228 regulations. The city attorney noted some concern in that if the intent is to restrict 229 affordable housing, it may be in conflict with the state law that requires the city to 230 provide affordable housing land opportunity through the Plan. Also the Plan includes a 231 goal that calls for affordable housing in all housing districts. Staff discussed ordinance 232 possibilities with the council recently and recommended that the best approach would be 233 through the existing planned unit development (PUD) process, and perhaps incentives 234 through that process. That approach will allow ample council review and consideration 235 of projects. Staff is looking for more clarity on the council's direction. 236 237 A council member suggested that the council's discussion about ordinance amendments 238 has been directed at pace, quality and density. Perhaps affordability falls into that some 239 way but to say that ordinance changes have been requested to restrict affordable housing 240 is not accurate. The council member still wants to see what ordinances will look like that 241 deal with pace, quality and density. 242 243 Community Development Director Grochala announced that in the area of quality, staff 244 wants to look from a design perspective on how to transition different types of 245 development and that's something you can build into your code. 246 247 A council member suggested that some communities have ended up with bad 248 development when they've gotten into subsidized housing situations. He's interested in 249 some limitations in that area so the city can have some controL 250 251 A council member remarked that education in the area of affordable housing development 252 would be helpful for the council. It would be interesting to see what other cities (Edina, 253 Wayzata for example) are doing. The council can then decide how to be proactive instead 254 of waiting to see what comes through the door. 255 256 Staff added that the development process will be an important element. The council will 257 have discretion through the PUD process and will also have the opportunity to talk about 258 controls (and incentives) through the development process. Perhaps the best control now 259 is to make no change. 260 261 A council member suggested that the council is making a commitment to educate itself 262 further about affordable housing. 263 264 The council concurred that the Plan will be on the agenda for the next regular council 265 meeting and will include the modifications directed at this meeting. 266 6 —37— SPECIAL WORK SESSION June 3, 2009 DRAFT 267 A council members expressed concern that the council is being asked to vote on 268 something that isn't finalized (the final product won't be available at the council 269 meeting). 270 271 Community Development Director Grochala assured the council that the changes directed 272 will be incorporated. The changes that will be occurring will be highlighted for the 273 council at a work session before the meeting and for the audience at the meeting. There 274 will also be more information gathered for review before the council's final 275 consideration. 276 277 The meeting was adjourned at 9:25 p.m. 278 279 280 281 These minutes were considered and approved at the regular Council meeting held on July 27, 282 2009. 283 284 285 286 287 Julianne Bartell, City Clerk John Bergeson, Mayor • • Council Member adoption: s-h b u. -ec eptmic,a v\lat k 5essi vi July L_� 7001 CORRECTED AGENDA ITEM 1F introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 09 -51 RESOLUTION AMENDING RESOLUTION NO. 09-40 WHEREAS, Resolution 09-40 authorized the transfer of funds from the Drug Forfeiture Fund to the Crime Prevention Account for the purchase of office equipment, and WHEREAS, funding for this purchase has become available through a payment from Century College, and WHEREAS, the original transfer is no longer needed and the budget should instead be amended to reflect the additional revenue. . NOW THEREFORE BE IT RESOLVED, that Resolution 09-40 is hereby amended with the following budget amendment being adopted: Increase Increase Crime Prevention (101 - 420 -4214 -000) $3,000.00 Police Other Revenue (101- 3422 -000) Adopted by the Lino Lakes City Council this 27th day of July 2009. Julianne Bartell, City Clerk $3,000.00 John Bergeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM #4A STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police DATE: July 27, 2009 TOPIC: Consideration of Resolution No. 09-49 accepting $100 donation from Residential Mortgage Group's "Refer a friend, Build your community" program. VOTES REQUIRED: Simple Majority BACKGROUND The Residential Mortgage Group (RMG) has a charitable donation program called "Refer a friend, Build your community" where a donation can be made to organizations on behalf of the RMG client. Adam & Laura VanderPoel participated in this program with RMG and have selected the Lino Lakes Police Department as the recipient of a $100 donation in Loving Memory of Officer Shawn Silvera ". The Lino Lakes Police Department is requesting council to adopt Resolution No. 09-49 and publicly accept the donation and thank Adam and Laura VanderPoel and the Residential Mortgage Group for their generous donation to the Lino Lakes Police Department. OPTIONS 1. Adopt Resolution No. 09 -49 accepting the donation. 2. Retum Resolution No. 09-49 to staff for further information. RECOMMENDATION Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-49 RESOLUTION ACCEPTING A DONATION FROM RESIDENTIAL MORTGAGE GROUP ON BEHALF OF ADAM AND LAURA VANDERPOEL IN THE AMOUNT OF $100 WHEREAS, Residential Mortgage Group has a charitable donation program called "Refer a friend, Build your community"; and WHEREAS, Clients closing a loan with Residential Mortgage group can select a beneficiary that Residential Mortgage Group will donate to on the client's behalf; and WHEREAS, Adam and Laura VanderPoel selected the Lino Lakes Police Department to receive a $100 donation as a part of this program; and WHEREAS, The Lino Lakes Police Department wishes to express its appreciation to both the VanderPoets and Residential Mortgage Group for the donation; and WHEREAS, the monies will be appropriated to the General Fund in the following manner. Increase Revenue — Contributions 101 - 3720 -000 $100.00 Increase Police Expenditure $100.00 (101- 420 - 4214-000 Crime Prevention) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the donation of $100.00 and wishes to express its gratitude to Adam and Laura VanderPoel as well as Residential Mortgage Group for the donation. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of July 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. • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson C.C. MEETING DATE: July 27, 2009 TOPIC: Resolution No. 09-52 — Approving a variance to the Lot Area, Lot Width, and Road Frontage requirements for Xcel Energy BACKGROUND Xcel Energy has requested approval of variances for required road frontage, minimum lot area, minimum lot depth, and minimum lot width to allow the division of the subject sites by a future administrative minor subdivision. The city granted similar variances for St. Paul Regional Water Service parcels in 2004 and 2006. The intention of the application is to allow the parcels to be divided in the future (via minor subdivision) and sold to adjacent property owners for combination into existing parcels. The existing transmission lines do not follow the property that is owned by Xcel exactly, and therefore the company is returning the land to the adjacent property owners and is receiving an updated easement in lieu. • ANALYSIS • Comprehensive Plan, Land Use and Zoning:The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning R (Rural) Subject Vacant Low Density Sewered Residential North Single Family Low Density Unsewered Residential R (Rural) South Single Family & Agriculture Medium Density Sewered Residential & Low Density Unsewered Residential R (Rural)) East Single Family & Agricultural Medium Density Sewered Residential R (Rural) West Single Family Low Density Unsewered Residential R (Rural) Lot Requirements: The minimum requirements within the Rural zoning district include a 10 acre lot minimum and 330 foot wide Tots. In addition, the subdivision ordinance requires that 'all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback'. The proposed division will not meet any of these requirements, but the new lots will be merged with existing Tots and therefore will only exist on paper and for a short period of time. Xcel Energy Variance, page 2 FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. These parcels are completely surrounded by adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent most private uses. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not a major factor in this proposal, the intent is to minimize the applicant's holdings and center an easement directly over the existing transmission lines. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for utility purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. PLANNING AND ZONING BOARD On July 8, the Planning and Zoning Board unanimously recommended approval of this request. RECOMMENDATION Staff recommends approval of the request subject to the following conditions: 1. The properties must be divided through the minor subdivision process. 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. • • • Xcel Energy Variance, page 3 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-52 APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH, AND ROAD FRONTAGE FOR XCEL ENERGY. WHEREAS, a request has been submitted to the City for the approval of a minor subdivision which requires variances for lot area, lot width, and road frontage, and WHEREAS, review and approvals of variances are govemed by state statutes and City ordinances, and WHEREAS, the site is legally described as: A strip of land Fifty (50) feet in width running over and across the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW %4), Section Twenty -five (25), Township Thirty-one (31) North, Range Twenty -two (22) West; said strip of land being Twenty -five (25) feet in width on each side of a center line which crosses above described tract and is described as follows, to wit Commencing at a stake on the North line of said Section, One Thousand Five Hundred Ninety -two and Seven - tenths (1592.7) feet East of the Northwest comer thereof, running thence South Fifty -two degrees and Twenty -seven minutes West (S 52° 27' W) One Thousand Nine Hundred Eighty -seven and Three - tenths (1987.3) feet to a stake on the West line of said Section, One Thousand Two Hundred and Six (1206) feet South of the Northwest comer thereof. ,and WHEREAS, the Lino Lakes City Council makes the following findings: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. These parcels are completely surrounded by adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent most private uses. Xcel Energy Variance, page 4 c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not a major factor in this proposal, the intent is to minimize the applicant's holdings and center an easement directly over the existing transmission lines. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for utility purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the variances for lot area, lot width and road frontage. BE IT FURTHER RESOLVED, that the variances are subject to the following conditions: 1. The properties must be divided through the minor subdivision process. 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of July, 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. • • • DataViewOnline Map Page 1 of 1 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. httpsJ/ portal. sehinc .com /sehsvc/html/dvoimapLa ofi tm 6292009 1 r • • • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: AGENDA ITEM 6B Michael Grochala July 27, 2009 TOPIC: Public Hearing, I- 35E/CSAH 14 Improvement Project ACTION REQUIRED: Simple Majority to Open and Close Public Hearing BACKGROUND The City Council accepted the Feasibility Study, prepared by SRF Consulting Group, Inc., for the I- 35E/CSAH 14 (Main Street) Interchange Improvements on July 6, 2009. In accordance with Minnesota Statutes, Chapter 429 and the City Charter, the City must hold a hearing on improvements prior to ordering the project. The purpose of the public hearing is to solicit public comment on the proposed improvement from interested persons whether or not they are in the proposed assessment area. In accordance with City Charter provisions 60 days must elapse from the date of the public hearing before the City Council can take any further action. The interchange has experienced significant congestion problems for the past several years, specifically at the freeway ramps during a.m. and p.m. peak hours. The proposed project includes the reconstruction of the interchange between 21st Avenue and Otter Lake Road by bridge replacement and widening, roadway replacement and widening, reconstruction of existing freeway ramps and construction of new ramps, installation of traffic control signals, improvement to local road connections and construction of pedestrian/bicycle facilities. The estimated cost of the improvement is approximately $23 million including land acquisition, engineering, and construction. Approximately $5.5 million is proposed to be assessed to benefiting property owners. The City has held two meetings with affected property owners over the last month to discuss the project. Staff is currently working with Springsted Inc., the City's financial consultant, and Anoka County to evaluate additional funding sources for the project. The results of this exercise may lower the total amount to be assessed against benefiting properties. Any reduction in the proposed assessment amounts will be calculated and incorporated into the final assessment role and presented at a second public hearing referred to as the the "Assessment Hearing" following published and mailed notice. Additionally, the City is proposing to let property owners defer payment of the special assessment until a later date, provided the property owner or the property meets certain criteria. There are three types of deferrals: 1. Undeveloped /unplatted property 2. Senior citizen deferrals 3. Green acres The terms, conditions, and standards of the deferrals would be set by the council in conjunction with the adoption of the assessment role. In the case of undeveloped or green acres properties, it is the intent that the assessments would be deferred until development occurs on the property. Representatives from SRF Consulting Group, Inc., will be at the meeting to present the improvement report, the proposed assessments and address public comments. RECOMMENDATION Staff is recommending that the council open the public hearing, accept public testimony and close the hearing. 2 —49— • • • • • • AGENDA ITEM 6C STAFF ORIGINATOR: Marty Asleson MEETING DATE: July 27, 2009 TOPIC: Resolution No. 09-48, Approving the 2009/2010 Management Plan for Conservation Areas in Foxborough and the Disbursement of Foxborough Conservation Management Stewardship Funds for work completed in 2009 VOTE REQUIRED: 3/5 BACKGROUND The Foxborough Development was approved on August 22, 2005. Foxborough is a conservation development that set up a stewardship fund for implementing the management plan for conservation easement areas set aside within the geographic limits of the development. Covenants and restrictions have been written subjecting all those who purchase property in Foxborough to a Homeowners Association with conservation easement use restrictions, yearly management work plan approvals by the City, and annual fees for the maintenance of conservation areas. The Conservation Fund for Foxborough consists of a $100,000 endowment established by the developer, and annual fees of $100 per lot. Yearly Interest from the $100,000 endowment plus the annual $100 per lot Homeowners Association fee establishes the amount of money available to manage conservation easement areas in Foxborough. There are 57 Tots within Foxborough. The annual contribution by the Homeowners Association is $5,700 plus interest accrued. The Homeowners Association is responsible for collecting the funds and the City maintains the collected funds in a designated account. Until sufficient lots are sold within the development, the Developer acts as the Homeowner's Association and has paid dues for 2009. The dues, together with interest from the endowment fund, establish an available fund balance of $12,690 for 2009. As part of Foxborough Development approvals, a Restoration and Management Plan was required that laid out typical work schedules for the conservation areas. Each year, the Homeowners Association must hire an ecologist to make recommendations conceming the management of the Foxborough Conservation Areas relative to the plan and monies available. Proposed work plans submitted to the City by the Homeowners Association, which are the product of the ecologist's analysis, are reviewed by the Environmental Board. The Environmental Board then makes a recommendation to the City Council conceming the annual work plan. A similar process is followed to review completed work for approving the transfer of money from the Foxborough Stewardship fund to the Homeowners Association to pay for the completed work. Attachment 1 is the report dated June 18, 2009 completed by Jason Husveth of Critical Connections. Mr. Husveth is the ecologist hired by the Association (Royal Oaks Realty) to make management recommendations. Recommendations are for the proposed work plan for 2009 and 2010. The City of Lino Lakes Environmental Board reviewed the report from Critical Connections and the Foxborough Homeowners Association (presently Royal Oaks Realty) at the June 24, 2009 Environmental Board meeting. The Environmental Board made a recommendation that the proposed work schedule for 2009 and 2010 be approved and stewardship funds released upon completion of proposed tasks for 2009 only. Resolution No. 09-48 approves the release of $12,690 for work completed in 2009. It also approves the work plan for 2010. RECOMMENDATION 1. Approve adoption of Resolution No. 09-48, approving the 2009/ 2010 work plan for Foxborough conservation areas, and the release of $12,690 from the stewardship fund for work done in 2009. 2. Refer back to the Environmental Board for further consideration. ATTACHMENTS 1. Resolution No. 09-48, Approving the 2009/2010 work plan for Foxborough conservation areas in Foxborough and the Disbursement of Foxborough Conservation Funds for Work Completed in 2009. 2. Critical Connections Proposed Work Plan for 2009 and 2010. • • • • Council Member introduced the following resolution and moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 09-48 APPROVING THE 2009/2010 WORK SCHEDULE FOR FOXBOROUGH CONSERVATION AREAS AND TO DISBURSE FOXBOROUGH CONSERVATION MANAGEMENT STEWARDSHIP FUNDS FOR 2009 WHEREAS, Foxborough is a conservation development that set up a stewardship fund for managing conservation easement areas set aside within the geographic limits of the development and WHEREAS, The fund has an existing available balance of $12,690 for 2009; and WHEREAS, The City received a proposed work plan describing work in 2009 and 2010; and WHEREAS, Proposed work plans are consistent with an approved Restoration and Management Plan, and has been reviewed by the City of Lino Lakes Environmental Board; and WHEREAS, The cost of proposed work in the 2009 work plan totals $12,690; and WHEREAS, The Lino Lakes Environmental Board reviewed the proposed costs and work plan for Foxborough conservation areas on June 24, 2009 and recommended to the City Council that all proposed tasks and costs be approved for 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Council approves the release to the Foxborough Homeowners Association an amount of $12,690 from the stewardship fund for work completed in 2009 described as Tasks 1 -6 in the work plan dated June 18, 2009 and BE IT FURTHER RESOLVED THAT The City Council approves the proposed work for 2009 and 2010 as prepared by Jason Husveth, Critical Connections Ecological Services, Inc. dated June 18, 2009, and that completed work in 2009 shall be reviewed before the City approves the release of funds for those tasks. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of July 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. • • • • Critical Connections Ecological Services, Inc. 14760 Oakhill Road, Scandia, Minnesota 55073 Natural Resource Consulting Landscape Ecology Botanical Inventories Threatened & Endangered Species Surveys Greenway & Open Space Planning Natural Community Restoration Wetland Delineation & Permitting Wetland Banking & Monitoring Minnesota Land Cover Classification Geographic Information Systems Global Positioning Systems Database Management & Development Environmental Education Mr. Marty Asleson Natural Resources Specialist Gty of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 June 18, 2009 Mr. Marcel Eibensteiner Royal Oaks Realty 1000 County Road E, Suite 150 Shoreview, Minnesota 55126 Re: Foxborough Conservation Development, Lino Lakes, Minnesota Restoration and Management Planning for the 2009 and 2010 Dear Mr. Asleson and Mr. Black: At the request of the Foxborough Homeowner's Association and Royal Oaks Realty (ROR), Critical Connections Ecological Services, Inc (CCES) prepared the following proposed scope of work for ecological restoration and management of Foxborough conservation outlots in from 2009 and 2010. Proposed tasks and priorities were developed from CMS's past experience implementing restoration and management tasks at Foxborough (2005 - 2008), conversations and site visits with Clty staff, and in accordance with the Foxborough Restoration and Management Plan (CCES, August 2005). The proposed restoration and management tasks will be implemented during from July 2009 through December 2010. The proposed scope of work and prioritization of tasks are based on available funding within the Foxborough Conservation Fund. The Clty of Lino Lakes has recently informed CCES that available funding is as follows: $1,960 for 2009, and $6,700 for 2010; a total of $19,660 for July 2009 through December 2010. t 12,(90 Ir' The following proposed tasks, timelines, costs, and priorities constitute the proposed scope of work for 2009 and 2010 within Foxborough's conservation outlots. 2009 Proposed Restoration and Management Tasks: Task 1: Management and Removal of Buckthorn CCES restoration crews will manage and treat remaining areas of buckthorn infestation and resprout The primary areas to be treated include the northeast corner of the development, along the trail corridor, and within the aspen woodlands of the southern portion of the site. CCES restoration crews will cut and remove buckthorn brush, and chemically treat the cut stumps with Glyphosate herbicide. Phone: 651.433.4410 Fax 651.433.4528 -54- Emaib info @ccesinc.com Web: www.ccesinc.com Foxborough Conservation Development, Lino Lakes, Minnesota Proposed Restoration and Management for 2009 and 2010 Scope of Work and Cost Estimate Critical Connections Ecological Services, Inc Task 1 Timeline: July through December 2009 Task 1 Costs: $5,200 (Labor and Herbicide) Page 2 of 3 Task 2: Management of Reed Canary Grass CCES restoration crews will mow and herbicide reed canary grass within select areas of the Foxborough conservation outlots. Reed canary grass will be treated within the northern wetland fringe and uplands of the wetland mitigation area, in natural wetlands along the trail corridor, and within stormwater basins that have been seeded with native species in past years. Reed canary grass will be treated with Glyphosate herbicide when it occurs in monotypic stands, and Sethoxydim (grass specific) herbicide when it occurs intermittently with other desirable native species. Task 2 Timeline: July through October 2009 Task 2 Costs: $3,200 (Labor and Herbicide) Task 3: Management of Invasive Cattails Invasive cattails (Typha angustifolia and Typha X glauco) will be managed within stormwater basins of within the Foxborough conservation outlots. Invasive cattails are becoming problematic within these basins, and threaten to out - compete native species that were seeded into the basins in previous years. Invasive cattails will be cut, and treated with Glyphosate herbicide. Task 3 Timeline: July through October 2009 Task 3 Costs: $2,250 (Labor and Herbicide) Task 4: Management of Other Invasive Species and Noxious Weeds Other noxious weeds, such as Canada thistle, birds -foot trefoil, and yellow and white sweet clover, will be chemically treated by CCES restoration crews within the Foxborough conservation outlots. These species are particularly problematic along the trail corridor, where they are gaining a foothold from past grading and trail construction. CCES restoration crews will chemically treat these other invasive species with Glyphosate based herbicides (such as Roundup). Task 4 Timeline: July 2009 through October 2010 Task 4 Costs: $1,800 (Labor and Herbicide) Task 5: Removal of Non - Functioning Silt Fence Damaged and non - functioning silt fence within the Foxborough conservation outlots will be removed by CCES restoration crews. Functioning silt fences will be left in place, and reinforced if necessary. Task 4 Timeline: July through October 2009 Task 4 Costs: $790 (Labor and Removal) -55- • • • • Foxborough Conservation Development, Lino Lakes, Minnesota Proposed Restoration and Management for 2009 and 2010 Scope of Work and Cost Estimate Critical Connections Ecological Services, Inc. Page 3 of 3 Task 6: Project Management and Reporting CCES will manage the implementation of proposed tasks for 2009. Jason Husveth (CCES's Principal Ecologist) will report to and coordinate with City staff, the Lino Lakes Environmental Board, and the Foxborough Homeowners Association to inform these constituents of work completed CCES has budgeted six (6) hours of Mr. Husveth's time to perform this task. Task 6 Timeline: July 2009 through December 2010 Task 6 Costs: $720 (Consulting Hours) 2010 Proposed Restoration and Management Tasks: Task 7: Prescribed Burn of Selected Habitats within Conservation Outlots CCES will perform a spring prescribed burn within up to 10 acres of the Foxborough conservation outlots. Prescribed burning will focus on habitats that were not burned in 2007 and /or have the greatest ecological need for a prescribed burn. CCES will prepare a burning permit application, obtain the permits, and prepare all burn units for prescribed burning (Le. create burn breaks and isolate burn units). The burn will be implemented in April or May 2010. If the burn cannot be implement in the spring of 2010 (due to weather constraints), CCES will implement the burn in October 2010. Task 7 Timeline: July 2009 through December 2010 Task 7 Costs: $5,700 (Consulting, Labor, Materials, and Equipment) Total Costs Tasks 1 through 7: $19,660.00 Thank you for reviewing this proposed scope of work for the Foxborough conservation development. Please feel free to contact Jason Husveth (CCES Principal Ecologist) if you have any questions or require additional information. We hope this proposal meets your approval, and that we can begin implementation as soon as possible. Respectfully submitted, Critical Connections Ecological Services, Inc. • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6 D Jeff Smyser July 27, 2009 Ordinance No. 04 -09 Zoning Ordinance Amendment: Amending General Business and Limited Business Zoning Districts to Allow Public, Educational, and Religious Buildings As Conditional Uses and City Code Amendment: Required Distance for Liquor License Shall Not Apply if School or Church Is in Limited Business or General Business Zoning District The zoning ordinance creates zoning districts to regulate the use of land and structures in the city. We have three business zoning districts: Neighborhood Business, Limited Business, and General Business (NB, LB, and GB). Each zoning district lists the types of uses that are allowed. We have received an application to amend the zoning ordinance to allow churches in the GB district, which currently is not allowed. This led to the examination of the other business districts and the requirements included there, as well as other statutes that might be relevant. This research led to the recognition that under federal law, if similar uses are allowed in a zoning district, churches must be treated equally. In addition, the existing City Code regulations for liquor licenses creates a separation of 1000 feet between a liquor license location and a church or school. If a church or school locates in an LB or GB zone and this separation is applied, it would eliminate most of the city's commercial zones as locations for restaurants or other uses that need a liquor license. The application was submitted by a church planning to acquire the vacant site formerly owned by the VFW. However, it is important to recognize that the submitted application only includes amending the ordinance The application does not include review of a church plan or of the conversion of a building into a church. A future application for a conditional use permit for a church on the site will be required_ Approval of the currently requested ordinance amendment does not approve or imply approval of any future application that might be submitted. Public, Educational, and Religious Uses in GB & LB page 2 of 17 ANALYSIS Similar Uses in Zoning District A zoning district should allow similar uses that will not create land use conflicts. If a zoning district allow a use that is similar to a new one, it make sense to include the new one in that district. The similarities referred to are the general type of activity, as well as factors such as the traffic generation, parking, need for and impact on the city's utilities systems (water, sanitary sewer, and stormwater management), and potential impacts on other properties. In considering churches, it's useful to describe the general activities and impacts that coincide with churches. Generally, a church is a place of assembly where people congregate for various purposes. The group can be large or small and might participate in religious worship, weddings, pancake breakfasts, dinners, and other social activities. Churches generate traffic and need vehicle parking space. If available, it's best that churches connect to municipal water to accommodate a fire suppression system for the building as well as water needs for groups of people. Wastewater treatment also is needed. Both the LB and GB districts currently allow private lodges and clubs as conditional uses. This would include a VFW or American Legion. The activities that occur at such lodges and clubs and the potential impacts on their surroundings are very similar to those of churches. Large or small groups of people assemble for various purposes — social events, meals, etc. They need parking, they generate traffic, they need water and wastewater treatment The city's responsibility is to protect public health, safety, and welfare by anticipating and addressing the potential effects on the surroundings and the community as a whole. This is a legitimate public purpose in regulating land uses with a zoning ordinance. The exact nature or purpose for which people assemble within a building is not the concern, as long as it's a legal activity. Differences between the institutions— purposes, beliefs, or activities— aren't relevant Religious Land Use and Institutionalized Persons Act of 2000 The "similarity of uses" concept is important in understanding the federal law that prohibits discrimination against churches. The Religious Land Use and Institutionalized Persons Act of 2000, known by the acronym RLUIPA, requires a city to treat religious uses such as churches the same as the city treats other similar uses. In the years since its enactment, a number of court cases have been decided under RLUIPA which provide guidance for compliance with the law. As discussed above, lodges and clubs are similar to churches in their activities and potential impacts. In fact, they have been found to be similar uses under this law in several court cases and therefore a city must regulate them equally. In addition, the courts have decided that property tax revenue issues are not justifications for treating religious uses differently from similar uses. • • • • Public, Educational, and Religious Uses in GB & LB page 3 of 17 Existing Zoning Requirements Standards for All Conditional Use Permits Section 2, Subd. 2.7. lists standards that apply to all conditional uses. These read: 7. Standards. 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 including. 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City when: 1) If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 2) If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. 3) If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. 4) The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. Public, Educational, and Religious Uses in GB & LB page 4 of 17 5) Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 6) The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer- financed improvements to correct any street deficiencies. 7) The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I- 35E/Main St interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. 8) The City does not relinquish any rights of local determination. 9) The proposed development shall be served with adequate and safe water supply. 10) The proposed development shall be served with an adequate and safe sanitary sewer system. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development e. 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. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. These standards/conditions will continue to apply to all conditional uses in the city. Specific Conditions for Specific Uses In addition to the standards for all conditional uses, specific conditional uses have specific conditions that apply. These are listed with the individual uses in the conditional use section of each zoning district Currently, the zoning ordinance allows churches as conditional uses only in the rural and residential zoning districts. They are included in the category "public, educational, • • • • • • Public, Educational, and Religious Uses in GB & LB page 5 of 17 and religious buildings ". Note that religious uses often include a church, an associated school, a community gathering facility, and other such uses. These uses are difficult to separate, and they have similar needs and potential impacts. This is why they are categorized together. The specific conditions for this category are: Public, Educational, and Religious Buildings. Public or semi -public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Side yards shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.Q of this Ordinance c. Adequate off - street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.Q of this Ordinance The ordinance allows "private lodges and clubs" as conditional uses only in the LB and GB districts. They have their own specific conditions: Private lodges and clubs provided that: a. Adequate screening from abutting and adjoining residential uses and landscaping is provided. b. Adequate off -street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses. c. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance The current conditions for these two categories address similar issues: screening from residential properties, parking, and access. However, there are differences, and it is necessary to analyze the differences to ensure that churches are not treated on less than equal terms. The requirements that apply to all uses in the respective zoning districts must be considered as well. The following tables compare the zoning district requirements and the specific conditions for the two categories of conditional uses. Public, Educational, and Religious Uses in GB & LB page 6 of 17 • • • LB & GB districts Private Lodges and Clubs Public, Educational, Religious Buildings setbacks -from street no differences side yards shall not be local street 30' less than 50': collector/arterial 40' • this requirement is parking lot from street 15' unequal if on a corner -rear yard no differences no differences principal building 30' accessory building 10' parking lot 10' -side yard no differences side yards shall not be principal building 10' less than 50': accessory building 10' • this requirement is parking lot 10' unequal -from residential district 35' no differences no differences off-street parking Restaurants, Cafes, Church, Theater, Private Clubs Serving Auditorium: Food and/or Drinks, Bars, lspace for each 3 seats based on the design capacity of the main assembly hall. Facilities provided in conjunction with such buildings or uses shall be subject to On -Sale Nightclubs: 10 spaces for each 1,000 sf of dining room, plus 1 space for each employee of max. work shift additional requirements imposed by Ordinance. off-street loading "Adequate off-street loading and service Regulated in Section 3, Subd. 6, which applies everywhere. entrances are provided and regulated where applicable by Section 3, Subd. 6." no specific requirements • • • • • Public, Educational, and Religious Uses in GB & LB page 7 of 17 Off-street loading requirements are found in Section 3, Subd. 6 of the zoning ordinance. They require off - street loading space for any structure that "requires the receipt or distribution of materials or merchandise by trucks or similar vehicles ". This general statement could include anything and everything. However, the actual loading space that is required is not specified other than it must be off- street, must have vehicular access, must be screened and landscaped from abutting and surrounding residential uses, must be 50 feet from an intersection of streets and must be 50 feet from a residential zoning district. These apply equally to all uses, though it doesn't hurt to cite them in the specific conditions as well. Because there are no separate requirements for the conditional uses under consideration, no table was created. There are different screening requirements, however, and this creates a potential for unequal treatment. The tables below compare the requirements. LB & GB districts Private Lodges and Clubs Public, Educational, Religious Buildings height LB 36' GB 45' Cupolas, belfries, and church spires allowed to 60' by Sec. 3, Subd. 4.c. no differences no differences building type and In Section 3, the general provisions, Subd. 4.B.4. says: "Commercial, on land within zoning districts, and and religious shall conform with" this section of the construction Industrial, and Institutional. All buildings erected commercial, industrial and public and semi -public all institutional buildings (such as public, education, buildings) in residential and rural zoning districts the same architectural standards described in ordinance However, the LB and GB districts say: "All newly constructed commercial buildings shall meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance " • Though Section 3 applies, the word "commercial" should be deleted to avoid confusion if public /educational/religious uses (institutional) are added Off-street loading requirements are found in Section 3, Subd. 6 of the zoning ordinance. They require off - street loading space for any structure that "requires the receipt or distribution of materials or merchandise by trucks or similar vehicles ". This general statement could include anything and everything. However, the actual loading space that is required is not specified other than it must be off- street, must have vehicular access, must be screened and landscaped from abutting and surrounding residential uses, must be 50 feet from an intersection of streets and must be 50 feet from a residential zoning district. These apply equally to all uses, though it doesn't hurt to cite them in the specific conditions as well. Because there are no separate requirements for the conditional uses under consideration, no table was created. There are different screening requirements, however, and this creates a potential for unequal treatment. The tables below compare the requirements. Public, Educational, and Religious Uses in GB & LB page 8 of 17 Sec. 3, Subd. 4.Q. Required Screening, Landscaping, and Buffer Yards. Comparing Private Lodges and Clubs to Public, Educational, Religious Buildings Screening. Where any business or industrial use (i.e., Private Lodges and Clubs: structure, parking or storage) abuts property zoned for "Adequate screening from abutting residential use, that business or industry shall provide and adjoining residential uses and screening along the boundary of the residential property. landscaping is provided." Screening shall also be provided where a business or industry is across the street from a residential zone, but • Should clarify that a lodge or not on that side of a business or industry considered to be club must meet requirements for the front (as determined by the Zoning Administrator). "business or industrial use". All the fencing and screening specifically required by this (Otherwise, may be unclear if Ordinance shall be subject to Section 3, Subd. 4.Q. and Subd 4.Q. applies and what is shall consist of either a fence or a green belt planting strip as provided for below: "adequate screening") a) A green belt planting strip shall consist of vegetation Public, Educational, Religious : and plants and shall be of sufficient width and density to "Adequate screening from abutting provide an effective visual screen. This planting strip residential uses and landscaping is shall be designed to provide eighty (80) percent opacity provided in compliance with Section to a minimum height of six (6) feet at time of planting. 3, Subd. 4.Q of this Ordinance " Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required • Should clarify that must meet screen. In such cases when planting strips are used in requirements for "business or conjunction with berms designed to support plant growth, plant height may be reduced accordingly such that an industrial use". (Otherwise, may be unclear if it eighty (80) percent visual screen of not less than six (6) feet in height is maintained. The planting plan and type includes institutional uses, making "compliance with of plantings shall require the approval of the City Section 3, Subd 4.Q" CounciL ambiguous.) • LB and GB districts Private Lodges and Clubs Public, Educational, Religious Buildings screening of parking see Section 3, Subd 4.Q "Adequate off - street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses." • Should use consistent language confusion. "...parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd 4.Q of this Ordinance " to avoid • • • Public, Educational, and Religious Uses in GB & LB page 9 of 17 Recommended Amendments to Zoning Ordinance Based on the above analysis, the zoning ordinance should be amended to accomplish the following: • Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB zoning districts. • Setbacks must be consistent within the same zoning district for both categories: "Public, Educational, and Religious Buildings" and "Private Lodges and Clubs ". The normal setbacks from residential districts in the LB and GB zoning districts should apply. • Delete the term "commercial" from building requirements paragraphs in LB and GB. • Clarify that a lodge or club and public /educational /religious building must meet screening requirements for "business or industrial use" listed in Sec. 3, Subd. 4.Q • Clear up ambiguity for parking screening: to avoid confusion, use consistent language for lodge or club and public/ educational /religious. The proposed amendments accomplish these things and create the same conditions for both categories of uses. The amendments listed below include text to be added, shown as underlined, and text to be deleted, shown as 5tfikeelit. 1) Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB zoning districts by adding the following text: Section 7 Subd. 2 LB, Limited Business, and Subd. 3 GB, General Business H. Conditional Uses Public, Educational, and Religious Buildings. Public or semi -public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance b. Adequate off -street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance —65— Public, Educational, and Religious Uses in GB & LB page l0 of 17 d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance 2) Amend the conditions specific to Private Lodges and Clubs to ensure consistency with Public, Educational, and Religious Buildings: Section 7 Subd. 2 LB, Limited Business, and Subd. 3 GB, General Business E. Building Requirements. All newly constructed commercial buildings shall meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance H. Conditional Uses Private Lodges and Clubs a. Adequate screening from abutting and adjoining residential uses and landscaping is b. Adequate off street parking and access is provided and that such parking is adequately a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance. b. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3.. Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. ed. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. Liquor Code Issues The Lino Lakes City Code regulates liquor licenses in Chapter 700. It requires a separation of 1000 feet between a business getting a liquor license and a church or school. This is measured from front door to front door. The Code exempts some types of schools and the separation is not applied if the liquor license was granted before the church or school arrives. • • • • • Public, Educational, and Religious Uses in GB & LB page 11 of 17 The business zoning districts are not huge in Lino Lakes, and many of them stretch along highway corridors. If a church or school locates in an LB or GB zone and the 1000 ft. distance is applied, it would eliminate most of the city's business zones as locations for restaurants or other uses that need a liquor license. This would prohibit many desirable businesses from locating in Lino Lakes. Since the business areas were established as locations for businesses, any church or school that locates in these areas should be expected to be coexist with the business uses. The business uses might include establishments with liquor licenses. Just as the property line setback distances for churches/schools and businesses should be equal, other regulations should be equal. For these reasons, Ordinance 04-09 includes an amendment to the liquor code that removes the distance requirement from schools and churches located in an LB or GB zoning district. PLANNING & ZONING BOARD RECOMMENDATION The P & Z Board held a public hearing on the application on July 8. The Board unanimously recommended approval of the amendments to the zoning ordinance and the liquor code included in Ordinance No. 04-09. OPTIONS 1. Approve Ordinance No. 04-09 which: a) amends the zoning ordinance to allow public, education, and religious buildings in the LB and GB zones as conditional uses, and b) amends the liquor code so that the 1000 ft. separation of a liquor license from a church or school does not apply if the church or school is in an LB or GB zone. 2. Return to staff with direction. RECOMMENDATION Option 1: Approve Ordinance No. 04 -09 1 g Reading: Publication: 2 °d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AMEND THE LIMITED BUSINESS AND GENERAL BUSINESS DISTRICTS TO ALLOW PUBLIC, EDUCATIONAL, AND RELIGIOUS USES AS CONDITIONAL USES AND AMENDING SECTION 700 OF THE CITY CODE SO THAT THE REQUIRED DISTANCE FOR LIQUOR LICENSES SHALL NOT APPLY IF A SCHOOL OR CHURCH IS IN A LIMITED BUSINESS OR GENERAL BUSINESS ZONING DISTRICT Section 1 Findings 1. The Lino Lakes Zoning Ordinance allows public, educational, and religious buildings as conditional uses in the Rural and Residential zoning districts. 2. The Lino Lakes Zoning Ordinance allows private lodges and clubs as conditional uses in the Limited Business and General Business zoning districts. 3. The Religious Land Use and Institutionalized Persons Act of 2000, known by the acronym RLUIPA, requires a city to treat religious uses such as churches the same as the city treats other similar uses. Lodges and clubs are similar to public, educational, and religious uses in their activities and potential impacts. 4. Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance 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. 2. The proposed use is or will be compatible with present and future land uses of the are& The Policy Plan chapter of the 2002 Comprehensive Plan lists the following policies that are relevant to the inclusion of institutional uses in business zones. Such policies support consistent requirements for similar uses in business zones. • • • • • • 3. Require commercial development in Lino Lakes to meet architectural performance standards which assure the creation of attractive, functional and durable structures. Different standards may be established for different areas. 8. Develop commercial and service centers as cohesive, highly interrelated units with adequate off-street parking. 9. Ensure that service and commercial uses are adequately and appropriately landscaped according to community requirements as may be amended. 10. Ensure that all service and commercial uses are adequately screened or buffered from any adjacent residential development. 17. In evaluating commercial sites, factors will be the physical implication of the commercial land use related to traffic generation, sewer and water demands, environmental issues and compatibility with neighboring land uses. In addition, the Land Use Plan chapter of the 2002 Comprehensive Plan lists the following strategies to be implemented to promote quality commercial areas. These strategies further support consistent requirements for similar uses in business zones. 1. The City will utilize its zoning regulations to define the range of commercial land use that may be appropriate for each proposed commercial location. Through its commercial site planning, the City will require new commercial development to be compatibly designed with surrounding land uses through the use of transitional land uses, proper setbacks, building orientation, screening and landscaping 2. Site access will be controlled to provide safe traffic movement and to reduce the commercial traffic impacts on residential neighborhoods. 3. The City will promote commercial site designs that emphasize pedestrian accessibility, shared parking, and green space in an effort to create a customer friendly environment and promote a high level of business interchange among local businesses when feasible. 4. Architectural and site standards will be developed and applied to City commercial development in an effort to establish aesthetic pleasing, high quality commercial buildings and streetscapes where they apply. 5. Commercial development will be required to be responsive to the environmental concems of the City with regard to site planning, landscaping, impervious surfacing, and storm water management. Ordinance No. 04 -09, page 2 3. The proposed use conforms with all performance standards contained herein. Section 2, Subd. 1 includes criteria that must be met by all conditional uses. These will continue to apply equally to all conditional uses as will all other requirements in official controls that apply equally to all uses. Each zoning district includes specific conditional uses with conditions specific to the uses. With the amendments described herein, the standards in the zoning ordinance will address similar uses equally 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Utility demand and traffic generation will continue to be addressed with new and existing uses, as required by the subdivision, zoning, and other chapters of the city code and official controls. 5. Residential and rural districts are not typically planned with the infrastructure and other elements necessary to support higher intensity uses planned for in business districts. It is appropriate that some requirements in residential and rural zoning districts may be more restrictive than in business districts to protect the lower intensity residential and rural uses. 6. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on July 8, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 7, Subdivisions 2 and 3 of the Zoning Ordinance are hereby amended as follows (deleted text in Atikeettt, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Section 7 Subd. 2 LB, Limited Business, and Subd. 3 GB, General Business E. Building Requirements. All newly constructed commercial buildings shall meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance Ordinance No. 04-09, page 3 —70— • • • • • H. Conditional Uses Private Lodges and Clubs a. Adequate screening from abutting and adjoining residential uses and landscaping is pro tided. a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance b. Adequate off - street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Sub& 4.0 of this Ordinance ed. Adequate off -street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance Public, Educational, and Religious Buildings. Public or semi -public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance b. Adequate off -street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance —7 1 — Ordinance No. 04-09, page 4 Section 3 Amendment of Chapter 700 of the City Code Regulating Liquor Licenses Approved The City Council of Lino Lakes ordains that Section 701.07 of the City Code is hereby amended as follows (added text in underline), § 701.07 PLACES INELIGIBLE FOR LICENSE. (1) General. No license shall be issued for any place of any business ineligible for a license under state law. (2) Delinquent taxes and charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the city are delinquent and unpaid. (3) Distance from school or church. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. (a) For the purposes of the separation restriction in this division, a school is a building that is principally used as a place where 25 or more persons receive a full course of educational instruction and the educational instruction is provided on a daily basis by an established school board or church. This does not include any post- secondary or post -high school educational building, including any college or any vocational- technical college. Nor does the separation apply to a daycare or early childhood facility, where children typically are under constant supervision while at the facility and when traveling to and from the facility. (b) The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render the premises ineligible for renewal of the license. (c) This separation distance restriction shall not be applicable if a school or church is located in a Limited Business or General Business zoning district. Section 4 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. As above amended, the City Code shall stand as initially passed and previously amended. Ordinance No. 04-09, page 5 _72_ • • • • Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John 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 ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 04-09, page 6 • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6 E Jeff Smyser July 27, 2009 Ordinance No. 05 -09: Amending Planned Unit Development Section of Zoning Ordinance to Remove Six - Month Limit on Extensions for Submitting Final Development Plan A Planned Unit Development (PUD) is a means of designing development as an integrated, coordinated unit as opposed to a parcel by parcel, piecemeal, approach. The zoning ordinance includes requirements for a PUD in Section 2, Subdivision 10. The "development stage plan" includes a preliminary plat. The final plat and other more defined elements of a PUD are included in the "final plan ". The ordinance currently requires submittal of the final plan within one year of approval of the development stage plan. Beyond this, the ordinance limits an extension of time to six months. The proposed ordinance amendment would eliminate this six - month limit on the extension beyond the initial one year period. ANALYSIS Section 2, Subd. 10.F.8.g. includes the time frame requirements for submittal of the final plan. This paragraph is shown below, with the subject limitation shown in boldface: Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion, extend for not more than six months, the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. In any case where Development Plan approval expires, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re- establishing the zoning and other Code provisions that would otherwise be applicable. The intent of this limit on the extension is to ensure that the project does not languish too long after approval of the development stage plan with its preliminary plat However, the current Extension for PUD page 2 economic situation has halted the progress on many development projects because the market is not operating well. Three PUDs received approval of their development stage plans, and already were granted the six -month extension beyond the one year for submitting the final plans. The six -month limit on extensions would require the City to act to repeal the preliminary approvals. The removal of this six -month limit allows these projects to remain viable. Two of the PUD projects that have received preliminary approval include the preservation of important ecological areas and with permanent easements and conservation management plans for the easement areas. These projects are important to the City. They are steps in the implementation of the "Parks, Natural Open Space, Greenways and Trail System Plan", which has evolved into the "Resource Management System Plan" described in chapter two of the new comprehensive plan. The third project is a commercial PUD near the 35E interchange. This area is an important part of the city for providing retail services to the community and the corresponding property tax revenue. Projects that have received preliminary plat approval under the subdivision chapter of the city code but that are not PUDs are not restricted to a six -month extension. The subdivision chapter requires the final plat to be submitted within one year of preliminary plat approval, "unless an extension is requested in writing, and for good cause, is granted by the City Council." ( §1001.055 (2)) There is no time limit on the extension that the Council can approve. Recommended Amendment to Zoning Ordinance The proposed zoning ordinance amendment is to delete the six -month limit. The amended paragraph would read as follows, with the deleted portion shown in s text and inserted text is shown as underline. Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion; extend for six -month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. In any case where Development Plan approval expires, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re- establishing the zoning and other Code provisions that would otherwise be applicable. The City Council may also extend a filing deadline after the expiration date. —75— • • Extension for PUD page 3 • PLANNING & ZONING BOARD RECOMIVIENDATION The P & Z held a public hearing on July 8 and recommended the amendment with a unanimous vote. OPTIONS 1. Approve Ordinance No. 05 -09 removing the six -month limit for extensions of the period allowed for submitting a PUD final plan. 2. Return to staff with direction. RECOMMENDATIONS Option 1 • • 1s` Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance- CITY OF LINO LAKES ORDINANCE NO. 05-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REMOVE 1 H SIX -MONTH MAXIMUM ON EXTENSIONS FOR SUBMITTING'1'HE FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT Section 1 Findings 1. Section 2, Subd. 10 of the Lino Lakes Zoning Ordinance includes the requirements for a Planned Unit Development. 2. Section 2, Subd. 10.F.8.g. includes the time frame requirements for submittal of the final plan for a Planned Unit Development. This requires that the final plan be submitted within one- year of approval of the development stage plan. It also allows an extension for not more than six months. 3. Section 2, Subdivision l of the Zoning Ordinance requires that the City must consider possible adverse effects of a proposed amendment to the Zoning Ordinance and 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. This amendment does not involve a rezoning of a property, but the removal of a time extension restriction. The restriction applies only to planned unit developments. Other platting projects, with timelines governed locally by the subdivision and platting chapter of the city code, do not have such a restriction. 2. The proposed use is or will be compatible with present and future land uses of the area. This removal of a time extension restriction will have no effect on the compatibility of any project with its surrounding uses. 3. The proposed use conforms with all performance standards contained herein. This removal of a time extension restriction is an amendment of a performance standard. No compliance with other standards will be affected. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. _77_ • • • • • Ordinance No. 05 -09, page 2 5. Traffic generation by the proposed use is within capabilities of streets serving the property. This removal of a time extension restriction will have no effect on a project's needs for or effects on City utilities or transportation infrastructure or other services. 4. The maximum of six - months for extension of the filing of a final Planned Unit Development plan limits City Council discretion and has the potential to prevent the initiation or completion of a project deemed to have public value by the Council and the community. 5. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on July 8, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 2, Subd. 10.F.8.g. of the Zoning Ordinance is hereby amended to delete the text shown in strikeout and add text that is underlined: Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the elate the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion, extend for six -month intervals , the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. The City Council may approve such an extension after the deadline date passes. In any case where Development Plan approval expires and no extension has been approved, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re- establishing the zoning and other Code provisions that would otherwise be applicable. Section 3 Zoning Ordinance Stands As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Force According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Ordinance No. 05 -09, page 3 John 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 ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • AGENDA ITEM 6F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 27, 2009 TOPIC: Resolution No. 09-50, Accepting Plans and Specifications and Authorizing a Request for Quotes, 2009 Surface Water Management Project VOTE REQUIRED: Simple Majority BACKGROUND: After storm sewer, storm water ponds and drainage ways are constructed, they require periodic maintenance to ensure their effectiveness. To maintain the effectiveness of the storm sewer system, cleaning of pipe sections, catch basins, manholes and flared ends where silt has accumulated must be completed. The City conducted its yearly review of 20% of the City's MS4 outfalls, sediment basins, storm sewers, and ponds to comply with NPDES requirements. The 2009 Surface Water Management project consists of ditch and pipe repairs, pipe extensions and the cleaning of pipe sections, catch basins, manholes and flared ends. The projects were identified by this years NPDES review of storm sewers, public works identified projects, and through resident concems as shown on the attached map. The project schedule is as follows: City Council Accepts Plans and Specifications July 27, 2009 City Council Request for Quotes July 27, 2009 City Council Awards Contract August 24, 2009 Construction Begins September, 2009 City staff has prepared the plans and specifications for this work and is requesting Council approval to make a request for quotes. RECOMMENDATION: Staff recommends that Resolution No. 09-50 be adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-50 RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS AND AUTHORIZING REQUEST FOR QUOTES— 2009 SURFACE WATER MANAGEMENT PROJECT. WHEREAS, the City Engineer has prepared plans and specifications for the 2009 Surface Water Management Project, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Engineer will send out a request for quotes. The quotes will be received by the Clerk until 10:00 a.m. on Friday, August 14, 2009, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, August 24, 2009, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No quotes will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of July, 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 duty passed and adopted. • 04 PROJECT 1 #8 il 1E1 iiiillfiliFili WU = 1-511SitSIISillillifilllEiliillili I ILIUM ! MI PROJECT #11 11,4* IMPAII PROJECT I i , . ..e... in ti iiiiimerio Hi i IHNIIF- . Nil I litAill 1111 • 0, IF, . HA: 1 -41111 .v , PP"- I. 0' okz: 1 ... • . fill r•-• op! wr,I ripordoo- - 41"!/-'--/°7-4111 re. if( 107a111 7 P zeitil. - 111 Itt j PROJECT #6 --j PROJECT #5 ' • 14 e til 76 Ah ix 35 E , n WEI AM- i MO 7.11.1 mil Min Irr vregt.-- ...II N---- 1611"iiik *,-"::::11, ---,si .;,.. PROJECT 11M1-LZ-1-1-111-1 Isliarialroi 7009 Surface Water Managment Projects CIT OF INS[ KES JULY 27, 2009 TKDA PROJECT NO. 14292.004 TKDA ENGNETRAIG • ARD1:1,,-.1:Illq • PLA'AN:. Th'g m TbdgLi