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HomeMy WebLinkAbout09/28/2009 Council PacketSUMMARY MINUTES Monday, September 28, 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 UNCIL:WORK SE N Community Room (not televised) A. Review of Regular Meeting Agenda Aa ➢ Open Mike / Public Comment Kevin Stanton, 1157 Main Street, proposes that the city switch to Amsoil for city vehicles ➢ Call to Order and Roll Call 6:40 p.m. — Present were Council Members Reinert, Gallup, O'Donnell and Mayor Bergeson; Council Member Stoltz was absent ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items Agenda amended to add 35W sound wall petition; and to delete Items 6D i & ii i Petition requesting installation of a noise barrier on the south side of 35W The council heard comments from several persons relative to the petition and their request for a noise barrier; The council directed staff to review the concerns and confer with MnDOT on the situation; The council will receive a report from staff at a future work session A) Consideration of Expenditures: i) September 28, 2009 (Check No. 86722 through 86795) in the amount of $384,251.31; ii) Centennial Fire District (Check No. 3960 through 3978) in the amount of $37,428.17 B) B) Consider Approval of Resolution No. 09 -70, Appointing Qualified Election Judges for 2009 Municipal Election Pg 4 -18 Pg 19 Pg 20 -23 Council Agenda -2- 9/28/2009 SUMMARY MINUTES C) Consider approval of September 8, 2009 Council Work Session Minutes D) Consider approval of September 14, 2009 City Council Meeting Minutes Pg 24 -28 E) Consider Approval of Application to Conduct Excluded Bingo submitted by Blue Heron PTO, for event on November 19, 2009 Pg 29 F) Resolution No. 09 -80 Declaring October as Domestic Violence Awareness Month Pg 30 G) Consider approval of August 25, 2009 Special Work Session Pg 31 -36 Minutes H) Consider approval of August 31, 2009 Special Work Session Pg 37 -38 Minutes I) Consider approval of September 8, 2009 Special City Council Meeting Minutes Pg 39 -42 Action Taken: Motion by Gallup, seconded by O'Donnell, to approve the Consent Agenda, Items lA through II, was adopted ATnEN? No report. w. ARTMEN A) Consider Second Reading and Passage of Ordinance No. 06 -09, Amending Section 3.01 of the Lino Lakes City Charter to require that council meetings be televised Reading and roll call required Action Taken: Motion by Reinert, seconded by O'Donnell, to table the matter (to be considered at a special council meeting on October 5, 5:30 p.m.) was adopted Pg 43 -44 B) Conditional offer of employment for the position of Police Officer Action Taken: Motion by O'Donnell, seconded by Gallup, to approve the conditional offer of employment was adopted Vc: ENT cr Pg 45 A) Consider Resolution No. 09 -79, Accepting Recovery Act Assistance Grant in the amount of $336,645 Pg 46 -47 Council Agenda -3- SUMMARY MINUTES Action Taken: Motion by Gallup, seconded by Reinert, to approve Resolution No. 09 -79 as presented, was adopted 9/28/2009 ARTMMt No report. A) Consider Resolution No. 09 -71 Accepting Feasibility Study, Pine Street Paving Improvements, James E. Studenski Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 09 -71 as presented, was adopted ,)B) Consider First Reading of Ordinance No. 07 -09 Imposing a Tax Upon Lodging, Mary Alice Divine Pg 48 -57 Action Taken: Motion by O'Donnell, seconded by Gallup, to approve first reading of Ordinance No. 07 -09, was adopted C) Extending Deadlines i. Consider Resolution No. 09 -76, Extending Deadlines for Main Street Village Planned Unit Development and Conditional Use Permits, Jeff Smyser Pg 58 -60 ii. Consider Resolution No. 09 -77, Extending Deadlines for The Preserve Planned Unit Development, Jeff Smyser Pg 61 -63 iii. Consider Resolution No. 09 -78, Extending Deadlines for Moon Marsh Planned Unit Development, Jeff Smyser Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolutions 09 -76, 09 -77 and 09 -78 as presented, was adopted D) I 35E /CSAH 14 (Main Street) Interchange i. Consideration of Resolution No. 09 72, , Ordering Improvement, I 35E /CSAH 1'I (Main Street) Interchange Improvements, Michael Grochala ii. Consideration of Resolution No. 09 73, Authorizing Execution of Joint Powers Agreement with Anoka County, I 35E /CSAH 14 (Main Street) Interchange Improvements, Michael Grochala E) Consideration of Resolution No. 09 -74, Approving Change Order No. 18, I -35W /CSAH 23 (Lake Drive) Interchange Improvement Project, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 09 -74 as presented, was adopted Pg 64 -67 Council Agenda None -4- SUMMARY MINUTES None 9/28/2009 Action Taken: Motion by Gallup, seconded by Reinert, to adjourn at 7:40 p.m., was adopted 4- 4- t- 4- 4- 4- Community Calendar- A Look Ahead September 28, 2009 through October 12, 2009 Wednesday, September 30 Thursday, October 1 Monday, October 5 Monday, October 5 Thursday, October 8 Monday, October 12 cancelled 7:00 am, Community Room 5:30 pm, Community Room cancelled (rescheduled to Oct 27) 6:30 pm, Community Room 6:30 pm, Council Chambers Environmental Board EDAC Council Work Session Park Board Charter Commission Council Meeting • EXPENDITURES September 28, 2009 • • Date: 09/18/2009 Time: 09:18:47 Operator: KKF Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Check Date: (A) Check #: (R) 86722 - 86795 Schedule Journal: (A) Bank #: (A) Options: # of copies: 1 Sort: C Detail/Summary: D Check# Vendor Name Description Dept Amount 86722 ACE SOLID WASTE, INC. RUBBISH E. RECYCLE CHARGE 101 -432- 538.21 Check Total: 538.21 86723 BOWDICH, JACKIE M. TUITION REIMBURSEMENT 101 -420- 968.76 Check Total: 968.76 86724 BRAGELMAN, CHRISTOPHER TUITION REIMBURSEMENT 101 -420- 1,110.96 Check Total: 1,110.96 86725 CONNEXUS ENERGY 86726 MOONEN, PATRICK MONTHLY ENERGY USAGE 101 -420- 21.37 MONTHLY ENERGY USAGE 101 -430- 1,109.81 MONTHLY ENERGY USAGE 101 -432- 1,430.21 MONTHLY ENERGY USAGE 101 -450- 9.22 MONTHLY ENERGY USAGE 601 -494- 1,933.94 MONTHLY ENERGY USAGE 602 -495- 293.36 Check Total: 4,797.91 P MOONEN CLOTHING ALLOWA 101 -422- 189.98 Check Total: 189.98 86727 OPTUMHEALTH FINANCIAL SE AUG. PLAN PARTICIPATION 101 -402 - 64.96 Check Total: 64.96 86728 PREMIUM WATERS, INC. MONTHLY SERVICES 101 -432- 42.14 Check Total: 42.14 86729 SAM'S CLUB, INC. 86730 U. S. BANK LLPD BREAKROOM SUPPLIES 101 -42D- 34.24 BREAKROOM SUPPLIES 101 -432- 157.98 Check Total: 192.22 CAMERA EQUIPMENT 201 -205- 26.76 BREAKFAST W /SANTA & OTHE 201 -205- 179.91 YOUTH ART CLASSES 201 -205- 40.25 NIGHT TO UNITE SUPPLIES 101 -420- 42.43 ARCVIEW -CRIME MAPPING 101 -420- 4,297.64 PAVER PARKING AT LEGACY 101 -430- 69.80 M ASLESON MN LANDSCAPE S 101 -461- 120.00 T PAYNE MN LANDSCAPE SUM 101 -461- 120.00 BANNERS /BLUE HERON DAYS 101 -462- 55.91 Check Total: 4,952.70 86731 AID ELECTRIC SERVICE, IN TR /WR 20A TV GRI REC /POL 101 -432- 269.91 LABOR /TRUCK CHARGE 101 -450- 512.40 Check Total: 782.31 • Date: 09/18/2009 Time: 09:18:47 Operator: KKF • Page: 2 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Check# Vendor Name Description Dept Amount 86732 ALL SEASONS RENTAL, INC. MIXING TRAILER /READY MIX 101 -430- 317.64 TOWABLE BBQ GRILL PROPAI B01- -204 91.60 SOD C:urYEN 18• GAS 101 -450- 48.40 Check Total: 457.64 86733 AMERICAN FASTENER & SUPP HSE CLAMP/PAN BD MACK /CO 602-495 - Check Total: 190.09 190.09 86734 ANOKA COUNTY LICENSE BUR DUPLICATE TITLE 101 -431- 17.50 Check Total: 17.50 86735 ANOKA COUNTY SHERIFF'S 0 USE OF ANOKA COUNTY RANG 101-420 - Check Total: 86736 ANOKA COUNTY 86737 ASPEN MILLS, INC. 86738 BURGER, LUANN QUIT CLAIM DEEDS /DEV CON 101 - -208 Check Total: K LEIBEL UNIFORM ALLOWAN 101-420 - Check Total: FALL SESSION 2009 - DANC 201-207 - Check Total: 86739 C. P. OFFICE PRODUCTS OFFICE PRODUCTS 101-432 - Check Total: 86740 CENTENNIAL LAKES POLICE JULY EAGLE BROOK OVERTIM 101- -342 Check Total: 86741 CENTENNIAL UTILITIES MONTHLY GAS USAGE 602-495 - Check Total: 86742 CENTRAL COMMUNICATIONS VERIZON WIRELESS INTERNE 101-420 - Check Total: 86743 CENTRAL PENSION FUND 86744 COMCAST 86745 EGAN OIL COMPANY SEPT. 09 CONTRIBUTIONS 101 - -204 Check Total: MONTHLY INTERNET CHARGES 101-432 - Check Total: UNL GASOLINE CHARGES Check Total: 86746 FACTORY MOTOR PARTS COMP BATTERY CORE RETURN Check Total: 101 -431- 101 -431- 414.14 414.14 322.0D 322.00 435.54 435.54 840.00 840.0D 250.42 250.42 2,200.00 2,200.00 2,000.17 2,000.17 774.18 774.18 2,457.60 2,457.60 34.95 34.95 4,209.90 4,209.90 512.64 512.64 86747 FAHRNER ASPHALT SEALERS, LONG LINE PAINTING 101 -430- 1,995.00 Check Total: 1,995.00 • Date: 09/18/2009 Time: 09:18:47 Operator: KKF Check# Vendor Name Page: 3 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Description Dept Amount 86748 FIRST CALL AUTO PARTS 86749 G & K SERVICES, INC. OIL & FUEL FILTERS Check Total: SHOP TOWELS Check Total: 101 -431- 101 -430- 86750 GILLUND ENTERPRISES, INC BRAKE PARTS /CHAIN LURE /C 101-431 - Check Total: 86751 HAWKINS , INC. HYDRO ACID /INHIB PHOSPHA 601-494 - Check Total: 86752 HD SUPPLY WATERWORKS, LT LABOR FROM 7/23 TO 8/23 601-494 - UPPER STANDPIPE W67 601-494 - Check Total: 86753 HUGO FEED MILL, INC. 86754 HUGO MILL 86755 INFRATECH TECHNOLOGIES, 86756 INSTRUMENTAL RESEARCH, I 86757 INTL UNION OF OPER ENGR 86758 LAKEWOOD APARTMENTS 5 GAL RAZOR PRO Check Total: STRUT ASM Check Total: 101 -450- 101 -431- GROUT THREE CATCH BASIN 101 -43D- Check Total: TOTAL COLIFORM BACTERIA 601-494 - Check Total: SEPT. UNION DUES Check Total: BILLING ERROR Check Total: 86759 LEAGUE OF MINNESOTA CITI CITY MEMBERSHIP DUES Check Total: 86760 LEAGUE OF MN CITIES INS 101- -204 601 - -115 101 -401- 09 -10 VOLUNTEER COVERAGE 101 - -155 INSURANCE ALLOCATION 200 602- -155 Check Total: 86761 LIFE SAFETY SYSTEMS, INC ANNUAL FIRE ALARM SYSTEM 101-432 - Check Total: 86762 MAIN FLORAL LTD, INC. 86763 MARTY LAW FIRM, LLC GREEN PLANT Check Total: 101 -401- 42.71 42.71 122.29 122.29 142.60 142.60 10,109.03 10,109.03 3,316.98 3,644.68 6,961.66 266.92 266.92 125.78 125.78 1,307.25 1,307.25 142.50 142.50 496.00 496.00 10,454.5D 10,454.50 13,817.00 13,817.00 1,500.00 183,272.00 184,772.00 790.88 790.88 37.44 37.44 AMENDING THE CHARTER COS 101 -405- 107.30 Check Total: 107.30 • Date: 09/18/2009 Time: 09:18:47 Operator: KKF • Page: 4 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Check* Vendor Name Description Dept Amount 86764 MCFOA REGION IV J VIGER /J BARTELL REGIST 101 -402- 12.0D Check Total: 12.00 86765 MCPA (MN CRIME PREVENTIO K ANDERSON MCPA REGISTRA 101 -420- 150.00 check Total: 150.00 86766 MECELE, TERRY T MECKLE CLOTH ALLOWANCE 101 -430- 169.99 Check Total: 169.99 86767 METROPOLITAN COUNCIL 07/07 -06/08 FLOW CHARGES 602-495 - Check Total: 52,112.79 52,112.79 86768 MIDWEST GANG INVESTIGATO K MCCARTHY MGIA TRAINING 101 -420- 20.00 Check Total: 20.00 86769 MINNESOTA AIWA T. HILLESHEIM ANNA CONFE 601 -494- 205.00 Check Total: 205.00 86770 MINNESOTA MAYORS ASSOCIA MN MAYOR ASSOC MEMBERSHI 101 -401- 20.00 Check Total: 20.00 86771 MN CHILD SUPPORT PAYMENT BRIAN C HRONSKI 00140117 101 - -204 681.40 Check Total: 681.40 86772 MN DEPT OF LABOR /INDUSTR 111773 PAIR /455143 PAIR 101 -430- 20.00 Check Total: 20.00 IP 86773 MN NCPERS LIFE INSURANCE SEPT 09 PERA LIFE 101 - -2D4 384.00 Check Total: 384.00 86774 NAC MECHANICAL& ELECTRIC TESTED RPZ'S 601 -494- 260.50 REPROGRAM GRAMS FREQ DRI 101 -432- 414.63 Check Total: 675.13 • 86775 NORTHWAY IRRIGATION /LAND HUNTER PGP ROTOR 101 -450- 240.00 Check Total: 240.00 86776 01rrJC LAKE ANIMAL CARE C IMPOUND FEES /BOARDING CI 101 -42D- 340.82 Check Total: 340.82 86777 PETTY CASE /LLPD 86778 PHILIP'S TREE CARE 86779 PITNEY BOWES, INC. PETTY CASH -COB 101 -420- 208.11 Check Total: 208.11 APPLICATION OF BROADLEAF 101 -450- 2,142.31 Check Total: 2,142.31 RENTAL CHARGES 101 -432- 269.96 Check Total: 269.96 86780 PLAYPOWER LT FARMINGTON, ROPE WALL /DECK ACCESS /BA 101 -450- 4,360.33 Date: 09/18/2009 Time: 09:18:47 Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Check# Vendor Name Description Dept Amount Check Total: 4,360.33 86781 QQEST SOFTWARE SYSTEMS, 10/09 -10 /10 M3 AGERFLUS 101 -431- 389.00 Check Total: 389.00 86782 ROSEVILLE, CITY OF 86783 SHI INTL CORP JPA 09/09 - IT SUPPORT 101 -407- 5,769.58 MONTHLY PHONE 9/09 101 -432- 951.30 Check Total: 6,720.88 OFFICE PROF PLUS 2007 403 -432- 328.11 Check Total: 328.11 86784 SHORT- FT.T.TOTT- HENDRICKSO GIS SERVICES 101 -418- 639.00 Check Total: 639.00 B6785 STREICHER'S, INC. B HAMMES UNIFORM ALLOWAN 101 -420- 493.54 Check Total: 493.54 86786 T.A. SCHIFSKY AND SONS, AC FINE ASPHALT 101 -430- 2,033.04 Check Total: 2,033.04 867B7 TDS METROCOM MN MONTHLY PHONE CHARGES 101 -420- 992.23 Check Total: 992.23 B67BB THOMAS, SEAN REIMBURSE TOURN 201 -202- 160.00 Check Total: 160.00 86790 TKDA PINE STREET PAVING IMPRO 101 -417- 1,438.58 CENTURY FARMS 4TH ADM 801- -234 67.78 VAUGHAN ADDN 801- -230 67.78 MARSHAN MEADOWS 801 - -233 276.20 THE PRESERVE 801- -231 204.60 COMP PLAN UPDATE 406 -499- 1,420.03 PINE GLEN 2 801- -239 135.55 GRANDVIEW 801 - -237 340.15 AD GRAPHICS B01 - -236 138.10 2009 SURFACE WATER MGMT 101 -430- 4,296.59 2009 SEALCOAT PROJECT 421 -499- 8,941.71 NORTH SPRINGS CHURCH COP 801 - -230 1,436.04 2009 GEN FUND ENGRG SVCS 601 -494- 24,081.88 Check Total: 42,844.99 86791 TOUSLEY FORD, INC. LAMP ASY 101 -431- 264.03 Check Total: 264.03 B6792 TWIN CITY FAB, INC. ALM RINGS 602 -495- 241.80 Check Total: 241.80 86793 UPS /UNITED PARCEL SERVIC SHIPPING CHARGES DUE 101 -420- 22.16 Check Total: 22.16 • Date: 09/18/2009 Time: 09:18:47 Operator: KXF Page: 6 City of Lino Lakes FM Entry - Invoice - Payment Processing - Council Check# Vendor Name Description Dept Amount 86794 VIKING INDUSTRIAL CENTER N-DEX PLUS 8 MIL GLOVES 602-495 - Check Total: 86795 %CEL ENERGY • 7509 LAKE DR ENERGY USAG 101 -430- 1180 BIRCH ST ENERGY USA 601-494 - Check Total: Report Total: 294.00 294.00 253.18 6,115.73 6,368.91 384,251.31 Date: 09/18/2009 Time: 09 :14:32 Operator: KKF Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 8189 - 8195 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount ANOKA COUNTY QUIT CLAIM DEEDS /DEV CON 230.00 CENTRAL PENSION FUND SEPT_ 09 CONTRIBUTIONS 2,457.60 CENTENNIAL LAKES POL JULY EArU•R BROOK OVERTIM 2,200.00 INTL UNION OF OPER E SEPT. UNION DUES 496.00 LEAGUE OF MN CITIES 09 -10 VOLUNTEER COVERAGE 1,000.00 LEAGUE OF MN CITIES INSURANCE ALLOCATION 200 109,066.00 MN CHILD SUPPORT PAY BRIAN C HRONSKI 00140117 681.40 MN NCPERS LIFE INSUR SEPT 09 PERA LIFE 384.00 Total for Department 116,515.00* MAYOR /COUNCIL MAIN FLORAL LTD, INC GREEN PLANT 37.44 MAYOR /COUNCIL LEAGUE OF MINNESOTA CITY MEMBERSHIP DUES 13,817.00 MAYOR /COUNCIL LEAGUE OF MN CITIES INSURANCE ALLOCATION 200 3,223.00 MAYOR /COUNCIL MINNESOTA MAYORS ASS MN MAYOR ASSOC MEMBERS= 20.00 Total for Department 401 17,097.44* ADMINISTRATION MCFOA REGION IV J VIGER /J BARTELL REGIST 12.00 Total for Department 402 12.00* CHARTER MARTY LAW FIRM, LLC AMENDING THE CHARTER COS 107.30 Total for Department 405 107.30* SENIORS TDS METROCOM MN MONTHLY PHONE CHARGES 39.53 Total for Department 406 39.53* FINANCE ROSEVILLE, CITY OF JPA 09/09 - IT SUPPORT 5,769.58 Total for Department 407 5,769.58* PLANNING & ZONING ANOKA COUNTY QUIT CLAIM DEEDS /DEV CON 46.00 Total for Department 416 46.00* ENGINEERING TKDA 2009 GEN FOND ENGRG SVCS 19,297.86 ENGINEERING TKDA PINE STREET PAVING IMPRO 1,438.56 Total for Department 417 20,736.44* COMM DEV SHORT- ELLIOTT- HENDRI GIS SERVICES 639.00 Total for Department 418 639.00* POLICE CENTRAL COMMUNICATIO VERIZON WIRELESS INTERNE 774.18 POLICE TDS METROCOM MN MONTHLY PHONE CHARGES 660.94 • Date: 09/18/2009 Time: 09:14:32 • Department Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE ASPEN MILLS, INC. MCPA (MN CRIME PREVE LEAGUE OF MN CITIES Orit:R LAKE ANIMAL CA PETTY CASH /T.T.PD PETTY CASH /LLPD PETTY CASH /LLPD ANOKA COUNTY SHERIFF STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STRETCHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. V KLOSNER UNIFORM ALLOWA UPS /UNILED PARCEL SE SHIPPING CHARGES DUE MIDWEST GANG INVESTI K MCCARTHY MGIA TRAINING Total for Department 420 K LEIBEL UNIFORM ALLOWAN K ANDERSON MCPA REGISTRA INSURANCE ALLOCATION 200 IMPOUND FEES /BOARDING CI PETTY CASH - CLASSIC CAD D PETTY CASH -CP PIZZA HUT PETTY CASH -CUB USE OF ANOKA COUNTY RANG B HAMMES UNIFORM ALLOWAN C BRAGEIMAN UNIFORM ALLO K STREGE UNIFORM ALLOWAN P NOLL UNIFORM ALLOWANCE REURN ITEMS T NOLL UNIFORM ALLOWANCE T PETERSON UNIFORM ALLOW BUILDING INSPECTIONS TKDA 2009 GEN FUND ENGRG SVCS Total for Department 422 STREETS STREETS STREETS EFT: S STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET • ALL SEASONS RENTAL, ALL SEASONS RENTAL, TDS METROCOM MN INFRATECH TECHNOLOGI G & K SERVICES, INC. G & K SERVICES, INC. MECKLE, TERRY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY MN DEPT OF LABOR /IND T.A. SCHIFSKY AND SO TKDA TKDA CB REPAIR /MIXING TRAILER MIXING TRAILER /READY MIX MONTHLY PHONE CHARGES GROUT THREE CATCH BASIN SHOP TOWEL SHOP TOWELS T MECKLE CLOTH ALLOWANCE 7458 LAKE DR UNIT SIGN 7509 LAKE DR ENERGY USAG 7597 LAKE DR ENERGY USAG 7603 LAKE DR ENERGY USAG 7607 LAKE DR ENERGY USAG DR ENERGY U 7694 VILLAGE 111773 PAIR /455143 AC FINE ASPHALT 2008 SURFACE WATER 2009 SURFACE WATER FAHRNER ASPHALT SEAL LONG LINE PAINTING Total for Department 430 PAIR MGMT MGMT AMERICAN FASTENER & HSE CLAMP /PAN HD MACH /CO EGAN DIL COMPANY UNL GASOLINE CHARGES GILLUND ENTERPRISES, BRAKE PARTS /CHAIN LUBE /C LEAGUE OF MN CITIES INSURANCE ALLOCATION 200 FACTORY MOTOR PARTS BAl'iNRY CORE RETURN FACTORY MOTOR PARTS MARINE BATTERY /PRO BATT QQEST SOFTWARE SYSTE 10/09 -10 /10 MANAGERPLUS 435.54 150.00 7,318.00 340.62 79.59 66.11 62.41 414.14 249.99 181.68 22.40 5.33 -22.40 10.67 39.47 6.40 22.16 20.00 10,857.43* 170.00 170.00* 158.82 158.82 39.53 1,307.25 93.33 26.96 169.99 32.56 143.34 24.70 26.16 9.30 17.12 20.00 2,033.04 39.22 4,257.37 1,995.00 10,554.51* 40.73 4,209.90 142.60 7,743.00 -67.50 580.14 389.00 Date: 09/18/2009 Time: 09:14:32 Department Operator: KKF Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET ANOKA COUNTY LICENSE HUGO MILL TOUSLEY FORD, INC. TOUSLEY FORD, INC. FIRST CALL AUTO PART FIRST CALL AUTO PART DUPLICATE TITLE STRUT ASM LAMP ASY SWITCH - W OIL & FUEL FILTERS TIRE GAUGE Total for Department 431 GOVERNMENT BUILDINGS AID FT,RCTRIC SERVICE TR /WR 20A GOVERNMENT BUILDINGS TDS METROCOM MN MONTHLY GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT OFFICE GOVERNMENT BUILDINGS CENTENNIAL UTILITIES GOVERNMENT BUILDINGS LEAGUE OF MN CITIES GOVERNMENT BUILDINGS LEAGUE OF MN CITIES GOVERNMENT BUILDINGS LIFE SAFETY SYSTEMS, GOVERNMENT BUILDINGS PITNEY BOWES, INC. GOVERNMENT BUILDINGS COMCAST GOVERNMENT BUILDINGS NAC GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS ADULT SPORTS IV GRI REC /POL PHONE CHARGES PRODUCTS MONTHLY GAS USAGE 09 -10 VOLUNTEER COVERAGE INSURANCE ALLOCATION 200 ANNUAL FIRE ALARM SYSTEM RENTAL CHARGES MONTHLY INTERNET CHARGES MECHANICAL& ELEC REPROGRAM GRAHM FREQ DRI ROSEVI1.T.F, CITY OF MONTHLY PHONE 9/09 Total for Department 432 PLAYPOWER LT FARMING AID F.T.RCTRIC SERVICE AID ELECTRIC SERVICE ALL SEASONS RENTAL, PHILIP'S TREE CARE PHILIP'S TREE CARE CENTENNIAL UTILITIES HUGO FEED MILL, INC. NORTHWAY IRRIGATION/ ROPE WALL /DECK ACCESS /BA 24HR 120V TIMER /20A GFI LABOR /TRUCK CHARGE SOD CUTTER 18' GAS APPLICATION BROADLEAF HE APPLICATION OF BROADLEAF MONTHLY GAS USAGE 5 GAL RAZOR PRO HUNTER PGP ROTOR Total for Department 45D Total for Fund 101 THOMAS, SEAN REIMBURSE TOURN FEE Total for Department 202 YOUTH INSTRUCTIONAL BURGER, LUANN FALL SESSION 2009 - DANC Total for Department 207 Total for Fund 201 GOVERNMENT BUILDINGS SET INTL CORP OFFICE PROF PLUS 2007 Total for Department 432 OTHER TKDA Total for Fund 403 COMP PLAN UPDATE Total for Department 499 17.50 125.78 219.31 44.72 33.87 8.84 13,487.89* 269.91 120.87 250.42 1,949.91 500.00 36,248.00 790.88 269.96 34.95 414.63 951.30 41,800.83* 4,360.33 396.40 116.00 48.40 1,685.42 456.89 36.65 266.92 240.00 7,607.01* 245,439.96* 160.00 160.00* 840.00 840.00* 1,000.00* 328.11 328.11* 328.11* 1,420.03 1,420.03* • Date: 09/16/2009 Time 09:14:32 Department Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER OTHER WATER WATER WATER WATER WA1KR WATER WATER WATER WATER WATER WATER WATER WATER WATER • SEWER SEWER SEWER SEWER SEWER SEWER SEWER TKDA TEDA Total for Fund 406 2009 OVERLAY PROJECT 2009 SEALCOAT PROJECT Total for Department 499 Total for Fund 421 LEAGUE OF MN CITIES INSURANCE ALLOCATION 200 LAKEWOOD APARTMENTS BILLING ERROR Total for Department INSTRUMENTAL RESEARC TOTAL COLIFORM BACTERIA TDS METROCOM MN MONTHLY PHONE CHARGES MINNESOTA AWWA T. HILLESHEIM AWWA CONFE HANKINS , INC. HYDRO ACID /INHIB PHOSPHA LEA61.16 OF MN CITIES INSURANCE ALLOCATION 200 XCEL ENERGY 1190 BIRCH ST ENERGY USA XCEL ENERGY 600 TOWN CTR PKWY ENERGY TKDA 2009 GEN FUND ENGRG SVCS HD SUPPLY WATERWORKS 3/0 UPPER ROD,VLV BOX,ST HD SUPPLY WATERWORKS HD LOWER ROD,HYD EXT,PLA HD SUPPLY WATERWORKS LABOR FROM 7/23 TO B/23 HD SUPPLY WATERWORKS UPPER STANDPIPE W67 HD SUPPLY WATERWORKS WAT HOSE CAP GASKET NAC MECHANICAL& F P.0 TES1'r:D RPZ' S Total for Department 494 Total for Fund 601 LEAGUE OF MN CITIES Total for INSURANCE ALLOCATION 200 Department AMERICAN FASTENER & TWIN CITY FAB, INC. CENTENNIAL UTILITIES LEAGUE. OF MN CITIES TKDA VIKING INDUSTRIAL CE METROPOLITAN COUNCIL Total for HSE CLAMP /PAN HD MACH /C0 ALM RINGS MONTHLY GAS USAGE INSURANCE ALLOCATION 200 2009 GEN FUND ENGRG SVCS N -DE% PLUS 8 MIL GLOVES 07/07 -06/08 FLOW CHARGES Department 495 Total for Fund 602 ALL SEASONS RENTAL, ANOKA COUNTY TKDA TKDA TKDA TKDA TOWABLE BBQ GRILL PROPAI QUIT CLAIM DEEDS /DEV CON AD GRAPHICS BRYNE /LANGER ADDN -ERCAV CENTURY FARMS 4TH ADDN EAGLE BROOK CHURCH PARK 1,420.03* 4,773.09 4,168.62 8,941.71* 8,941.71* 7,003.00 10,454.50 17,457.50* 142.50 111.36 205.00 10,109.03 3,502.00 90.60 6,025.13 2,307.01 967.98 2,113.99 2,349.00 1,489.77 40.92 260.50 29,714.79* 47,172.29* 6,112.0D 6,112.00* 149.36 241.80 13.61 3,057.00 2,307.01 294.00 52,112.79 58,175.57* 64,287.57* 91.60 46.00 138.10 276.20 67.78 612.53 Date: 09/18/2009 Time: 09:14:32 Operator: KU Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount TKDA FRIENDSHIP PLACE PROJECT 170.08 TRDA VIEW 340.15 TKDA MARSHAN MEADOWS 276.20 TKDA NORTH SPRINGS CHURCH CUP 377.23 TKDA PINE GLEN 2 135.55 TKDA THE PRESERVE 204.60 TEDA VAUGHAN ADDN 67.78 Total for Department 2,803.80* Total for Fund 801 2,803.80* Grand Total 371,393.47* • • -15- Date: 09/18/2009 Time: 09:11:18 Journal #: Transaction #: Check Date: Check #: Bank #: City of Lino Lakes Operator: FM Entry - Invoice Cash Disbursement Journal (A) (A) (A) (R) 86722 - 86795 (A) Options: # of copies: 1 Void Checks: N Vendor Name Check Date Type Jrn1# Trans Title Description Check # Account # Page on Check: N Amount KIF Page: 1 Invoice Check • • 86722 ACE SOLID WASTE, INC. 09/10/2009 R 8186 1 101 - 432 - 4384 -000 GOVER BUILDINGS SANITATIO RUBBISH & RECYCLE CHARGES Invoice 0007151305 Total: 86723 BOWDICH, JACKIE M. 09/10/2009 R 8186 2 101- 420- 4330 -D0D GENERAL POLICE TRAVEL /TUI TUITION REIMBURSEMENT Invoice 09/08/2009 Total: 86724 BRAGELMAN, CHRISTOPHER 09/10/2009 R 8186 3 101 -420- 4330 -000 GENERAL POLICE TRAVEL/TUT TUITION REIMBURSEMENT Invoice 09/03/2009 Total: 86725 CONNEXUS ENERGY 09/10/2009 R 101 -420- 4381 -000 GENERAL POLICE ELECTRICIT MONTHLY 101 - 430 - 4385 -000 GENERAL STREETS STREET LI MONTHLY 101- 432 - 4381 -000 GOVER BUILDINGS ELECTRICI MONTHLY 101 -450- 4381 -000 GENERAL PARKS ELECTRICITY MONTHLY 601- 494- 4381 -000 WATER OPERATING ELECTRICI MONTHLY 602 - 495 - 4381 -000 SEWER OPERATING ELECTRIC' MONTHLY Invoice 86726 MOONEN, PATRICK 101 - 422 -4370 -000 GENERAL 86727 OPTUMBEALTH FINANCIAL 101- 402 - 4321 -000 GENERAL 8186 4 ENERGY USAGE ENERGY USAGE ENERGY USAGE ENERGY USAGE ENERGY USAGE ENERGY USAGE AUG. 28TH Total: 09/10/2009 R 8186 5 BUILDING INSPECTI P MOONEN CLOTHING ALLOWANCE Invoice D9/04/09 Total: SERVICES 09/10/2009 R 8186 6 ADMINISTRATION TE AUG. PLAN PARTICIPATION Invoice 97927 Total: 86728 PREMIUM WATERS, INC_ 09/10/2009 R 8186 7 101- 432- 4410 -000 GOVER BUILDINGS CONTRACTE MONTHLY SERVICES Invoice 412694 08 09 Total: 86729 SAM'S CLUB, INC. 09/10/2009 R 8186 101 -42D -4200 -000 GENERAL POLICE OFFICE SUP LLPD BREARRODM SUPPLIES 101 - 432 - 4200 -000 GOVER BUILDINGS OFFICE SU BREAKROOM SUPPLIES Invoice AUG. 09 Total: 86730 U. S. BANK 101- 462 -4410 -000 101- 430 - 4229 -000 101 -461- 4330 -000 101- 461 -433D -000 101- 420 - 4214 -000 101- 420 - 4214 -00D 8 09/10/2009 R 8186 9 GENERAL SOLID WASTE CONTR BANNERS /BLUE HERON DAYS GENERAL STREETS GRAVEL /MI PAVER PARKING AT LEGACY GENERAL ENVIRONMENTAL TRA M ASLESON MN LANDSCAPE SUMMIT GENERAL ENVIRONMENTAL TRA T PAYNE MN LANDSCAPE SUMMIT GENERAL POLICE CRIME PREV NIGHT TO UNITE SUPPLIES GENERAL POLICE CRIME PREY ARCVIEW -CRIME MAPPING -16- 538.21 968.76 1,110.96 21.37 1,109.81 1,430.21 9.22 1,933.94 293.36 189.98 64.96 42.14 34 -24 157.98 55.91 69.80 120.00 120.00 42.43 4,297.64 538.21 968.76 1,110.96 4,797.91 189.98 64.96 42.14 192.22 538.21 968.76 1,110.96 4,797.91 189.98 64.96 42.14 192.22 Date: 09/18/2009 Time: 09:11:18 City of Lino Lakes Operator: KKF Page: 2 FM Entry - Invoice Cash Disbursement Journal Check # Vendor Name Check Date Type Jrn1# Trans Account # Title Description Amount Invoice Check 201 -205- 4211 -825 RECREAT MAINT SUYL BREARF CAMERA EQUIPMENT 201- 205- 4211 -825 RECREAT MAINT suJL NREARF BREAKFAST W /SANTA & OTHER EVENT 201 -205- 4211 -812 RECREATION MAINT SUPPLIES YOUTH ART CLASSES Invoice AUG. 09 Total: 26.76 179.91 40.25 4,952.70 4,952.70 12,857.84• • • Date: 09/18/2009 Time: 09 :11:18 City of Lino Lakes Operator: KKF Page: 3 FM Entry - Invoice Cash Disbursement Journal •Account # Description Debit Credit Recap Totals: 101 - 1010 -000 GENERAL FUND CASH 10,383.62 101 - 402 - 4321 -000 GENERAL ADMINISTRATION TELEPHONE 64.96 101 - 420 - 4200 -000 GENERAL POLICE OFFICE SUPPLIES 34.24 101- 420 - 4214 -000 GENERAL POLICE CRIME PREVENTION 4,340.07 101 - 420- 4330 -000 GENERAL POLICE TRAVEL /TUITION 2,079.72 101 -420- 4381 -000 GENERAL POLICE ELECTRICITY 21.37 101 - 422- 4370 -000 GENERAL BUILDING INSPECTIONS UNIFORMS 189.98 101 - 430 - 4229 -000 GENERAL STREETS GRAVEL /MISC 69.80 101- 430 - 4385 -000 GENERAL STREETS STREET LIGHTS 1,109.81 101- 432- 4200 -000 GOVER BUILDINGS OFFICE SUPPLIES 157.98 101 - 432 - 4381 -000 GOVER BUILDINGS ELECTRICITY 1,430.21 101- 432 - 4384 -000 GOVER BUILDINGS SANITATION 538.21 101 - 432 - 4410 -000 GOVER BUILDINGS CONTRACTED 42.14 101- 450- 4381 -000 GENERAL PARKS ELECTRICITY 9.22 101- 461 - 4330 -000 GENERAL ENVIRONMENTAL TRAVEL /TUITION 240.00 101 - 462 - 4410 -000 GENERAL SOLID WASTE CONTRACTED SERVICES 55.91 Totals: 10,383.62* 10,383.62* 201 - 1010 -000 RECREATION CASH 246.92 201- 205- 4211 -812 RECREATION MAINT SUPPLIES DAY CAMPS 40.25 201 - 205- 4211 -825 RECREAT MAINT suet, BREAKFAST WITH SANTA 206.67 Totals: 246.92* 246.92* 601 - 1010 -000 WATER OPERATING CASH 1,933.94 601- 494- 4381 -000 WATER OPERATING ELECTRICITY 1,933.94 Totals: 1,933.94* 1,933.94* 602 - 1010 -D00 SEWER OPERATING CASH 293.36 602 - 495 - 4381 -000 SEWER OPERATING ELECTRICITY 293.36 Totals: 293.36* 293.36* 4110 Grand Totals: 12,857.84* 12,857.84* Control Acct: Grand Totals: .00* .00* • _18_ CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 9/9/2009 - 9/23/2009 Sep 23, 2009 11:57AM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description Check Amount 09/09 09/23/2009 3960 09/09 09/23/2009 3961 09/09 09232009 3962 09/09 09/23/2009 3963 09/09 09232009 3964 09/09 09232009 3965 09/09 09232009 3966 09/09 09232009 3967 09/09 09232009 3968 09/09 09232009 3969 09/09 09/23/2009 3970 09/09 09232009 3971 09/09 09/23/2009 3972 09/09 09/23/2009 3973 09/09 09/23/2009 3974 09/09 09/23/2009 3975 09/09 09232009 3976 09/09 09232009 3977 09/09 09232009 3978 Grand Totals: 11565 ASPEN MILLS 20120 BATTERIES PLUS 20385 BRISBIN PLUMBING, INC 30480 CENTENNIAL UTILITIES 31008 COMCAST 31137 CONNEXUS ENERGY 40010 DALCO 40040 DEEP ROCK WATER CO 50130 EMERGENCY MEDICAL P 120450 CITY OF UNO LAKES 120490 LOFFLER COMPANIES, 1 130440 METRO FIRE, INC 160150 PEARSON EDUCATION 190025 S & S ELECTRIC 210232 UNI- SELECT 220200 VERIZON WIRELESS 220250 VIKING TROPHIES 240100 XCEL ENERGY 40015 DARLING'S SALES & SER FLASHLIGHTS LAPTOP BATTERY PLUMBING STATION 2 STATION 1 UTILITIES INTERNET STATION 1 AUG ELECTRIC STATION 1 CLEANING SUPPUES BOTTLED WATER MEDICAL SUPPLIES AUGUST REIMBURSEMENTS COPIER MTC CONTRACT SCBA FLOW TESTS TRAINING BOOKS ELECTRICAL WORK STATION 2 VEH PARTS CELL PHONES AWARD PLATES ELECTRIC STATION 2 COMMERCIAL WASHER 3,349.94 458.02 350.00 96.20 94.00 417.36 601.64 14.76 633.76 20,010.48 105.55 65.00 1,185.00 633.50 81.41 201.00 277.45 629.07 8,224.03 • 37,428.17 41) • M = Manual Check, V = Void Check • • • AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 28, 2009 TOPIC: Consider Resolution 09 -70, Appointing Qualified Election Judges for 2009 Municipal Election VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: In 2008 the Anoka County Office of Elections and Registration trained and certified the attached list of election judges. This certification is valid throngjh August 31, 2010. Last year cities were given the authority to appoint qualified applicants to serve as election jnriges without requiring them to indicate whether they are affiliated with a major political party. Minnesota Statute 204B21, subd. 2, was amended to provide that individuals who meet the qualifications to serve as an election judge (including those not affiliated with a major political party) are eligible to be appointed to serve in that capacity. Changes to that statute also require that "at least two election judges in each precinct polling place must be affiliated with different major political parties ". This will assure that judges affiliated with two different political parties are available at all times during the hours the polling place is open to carry out certain duties that require political balance be maintained. After city council approval, applicants will be selected from this list to serve as election judges for the 2009 Municipal Election on Tuesday, November 3'1. OPTIONS: 1. Approve the attached list of prospective election judges. 2. Reject list RECOMMENDATION: 1. Approve list Council Member introduced the following resolution and moved its adoption: WHEREAS, WHEREAS, WHEREAS, COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 09-70 APPOINTING ELECTION JUDGES FOR NOVEMBER 3, 2009 MUNICIPAL ELECTION • the Lino Lakes City Council met at its regularly scheduled meeting of September 28, 2009; and a Municipal Election will be held on November 3, 2009; and pursuant to Minnesota Statute 204B.20, election judges shall be appointed to serve in an election precinct and the appointing authority shall designate one of the judges to serve as the head election judge; and WHEREAS, pursuant to Minnesota Statute 204B.21, a roster of trained certified judges was prepared from lists of eligible voters provided by the major political parties and from previous rosters; and WHEREAS, the appointments shall be made at least 25 days before the election at which the election judge will serve. NOW, THEREFORE, BE IT RESOLVED, that the named persons on the attached list of certified eligible voters are hereby appointed to serve as election judges and head election judges for the 2009 Municipal Election if called upon to do so. Adopted by the City Council of the City of Lino Lakes this 28th day of September, 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. John J. Bergeson, Mayor A PEST: Julie Bartell, City Clerk • • • w c 13 a) a N 650141 550141 550381 550141 v LO 550381 550141 o 0 55014 55014 550381 550141 550141 55014 v 1D 55110 55014 1 55014 v 10 1 55014 1 55014 55014 55038 56038 55014 55014 55014 55038 55014 55014 State I MN MN MN MN MN MN MN MN MN MN MN 1 MN MN MN MN MN MN MN jMN MN IMN IMN MN IMN City .. 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ILino Lakes Nottingham Lane 'Lino Lakes Sandhlll Dr. Lino Lakes Lilac St. 'Lino Lakes 1Elm St. Lino Lakes Ivy Ridge Ct. Lino Lakes Sunset Ave. Lino Lakes White Oak Rd. 'Lino Lakes 10akwood Drive 'Lino Lakes Egret Lane Lino Lakes Painted Turtle Rd. Lino Lakes 'Lilac St. Lino Lakes 20th Ave. , Lino Lakes a -1 0 a _E 1.1.1 0) a 7002 West Shadow Lake Dr. Lino Lakes 17481Dupre Rd. Centerville 85781LaCasse Dr. Lino Lakes 840IAqua Cir. Lino Lakes 183377th St. Lino Lakes 8250 Hollow Lane Lino Lakes CO to - 0 c 410162nd St. 1 Lake Dr. Birch Street Ivy Ridge Lane c a) 0 5 rc 2 �d #_¥ 0)' o o- Cs 7127 221 474 7029 0 CO 0° - 0 G 2 r- o- CO q o � 7155 7382 6548 n¥ e- 0 CO o 87 7598 Linda Jensen Lisa McNeil ** MaeEtta Jarvis ■ .0 2 2$ % 2 2 t o c a 2& v 2 o 2 0 W 2 ; 0 ■ v °-, 0 2 2 z § e k 2 k - o c0 2 E §» z a 1515 c- ■ 0 is - 2 2 c 2 0 • s 2 IC 0 16. e ■ c■ m X� CL CC m k 0 o ®� § c x k§ ■ ■■ C2 S m 0 0 E Z% 12 c co k 0 G U ® g= 2 0 g at - t5 2§ co c 2 0= _ § I E o 2 �s ■ CD -7 � ® =, ®� § 4 • • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 / qe \c(z +evin C CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES CITY COUNCIL WORK SESSION September 8, 2009 : September 8, 2009 . 6:35 p.m. . 11:35 p.m. : Council Members Gallup, O'Donnell, Reinert, Stoltz and Mayor Bergeson Also Present: Acting City Administrator, Dan Tesch; Director of Public Safety, Dave Pecchia; Community Development Director, Michael Grochala; Public Services Director, Rick DeGardner; City Engineer, Jim Studenski; City Finance Director, Al Rolek; Economic Development Coordinator Mary Alice Divine; City Clerk Julie Bartell; City Attorney, Joe Langel 18 1. Harvey Karth re: intersection of Lake Drive and Main Street — Mr. Karth presented 19 data regarding traffic at the intersection and compelled the council to look into additional traffic 20 controls there. 21 Engineer Studenski explained that this situation involves the intersection of two county 22 roadways. He has been in contact with Anoka County in an effort to plan for signaling of the 23 intersection, however, there are some issues involved regarding the need for additional right of 24 way/land to upgrade the traffic control. Staff will speak again with the county and will also 25 prepare a resolution for council consideration. 26 Mr. Karth indicated that he is aware that there are some issues and he feels that an upgrade 27 doesn't have to be grandiose. There are many safety concerns at the intersection as seen with the 28 number of citations that are passed out on average. 29 2. Charter Commission Audit — Acting Administrator Tesch recalled that when the 30 council received the results of the audit done on the charter commission by Attorney Michael 31 Dougherty, they indicated there would be more discussion on several points. Those points are: 32 the commission's operating guidelines, the commission's bill paying guidelines, data practice 33 and communications about the commission's work with the residents. Since the council has 34 reviewed the audit results, Charter Commission Attorney Karen Marty provided a response and 35 audit Attorney Dougherty has provided a response to her response. 36 At the request of the council, City Attorney Langel reviewed and opined on the points. He noted 37 first that charter commissions are governed by Minnesota Statutes, Chapter 410, and their role is 38 also established in that statute. Regarding the matter of what bills the city can and cannot pay for 39 the charter commission, Mr. Langel said that he agrees with the rationale presented by Attorney 40 Dougherty in that the commission is a public entity and therefore there are certain things they can 41 and cannot spend money on. They can spend money on framing amendments to the city charter CITY COUNCIL WORK SESSION September 8, 2009 DRAFT 42 including the hiring of an attorney for that purpose. Anything beyond that becomes questionable. 43 It is clear that no municipal or government entity may spend public funds to advocate for a 44 position. Regarding data privacy, a responsible authority should be designated by the group and 45 person should have access to the data of the commission as well as be able to respond to requests 46 for data in a timely manner. It isn't the city's obligation. A charter commissioner noted that a 47 response to the data practice question is included in their attorney's response to the audit; as well, 48 they have contacted other charter commissions and have found none that have designated a data 49 practice authority. It is an on -going discussion and the commission is not clear on how to 50 proceed; they believe that all their records are kept and accessible at city hall. A council member 51 suggested that the commission may want to contact the League of Minnesota Cities for assistance 52 in planning their data practices. 53 Pat Smith, former charter commission chair, commented that he understands from experience the 54 difficulties that can arise because the commission is self - policed; it would be helpful to televise 55 commission meetings and to have spending run through the council. 56 Council comments included recognizing that audits are done to review practices and provide 57 advice on improvements and it would be appropriate to respond to the advice given by this audit. 58 The issues are outlined by the audit and the job at hand is how to address them. The League of 59 Minnesota Cities provides advice in areas such as city charters and could be a useful and free tool 60 to deal with charter questions. The council recognizes that the commission is a volunteer 61 organization and encourages them to ask for help if needed. 62 Comments from the audience included questioning why the city is paying money to an 63 organization that has no guidelines. The brochure that was produced by the charter commission 64 about the charter amendment on public improvements was one - sided, unfair to those who 65 opposed their position and the council should know ahead how public funds will be spent. 66 Wrong was done by the commission and to restore credibility an apology is in order to allow 67 everyone to move forward. 68 Comments from charter commission members included that the commission's impetus for 69 getting an audit response from their attorney was not to dispute but rather for advice on 70 responding. The audit attorney and the commission attorney clearly don't agree and that is not 71 unusual with legal opinions. The city practices should be reviewed and held to the same high 72 standard as they want for the commission. 73 The council will be asking the commission to consider establishing guidelines and procedures 74 and to include an education process on them for new members. If they need some professional 75 help in that area, they should ask. 76 3. Charter Commission Budget — City Clerk Bartell noted that the council's discussion of 77 the charter commission's budget was initiated by a July 24, 2009 letter from the commission 78 requesting additional funding in 2009 and a budget level in 2010. The council has discussed the 79 budget with some commission representatives at work sessions and a joint meeting with the 80 charter commission was held in August. Budget points have been submitted explaining the 81 commission's current request. 2 • • • • • • CITY COUNCIL WORK SESSION September 8, 2009 DRAFT 82 A council member recalled that at the joint meeting there was some discussion about creating 83 some line items within the commission's budget so that funds would be reserved for operating 84 expenses. Perhaps a "guidelines and procedures" line item should be added. 85 Finance Director Rolek noted that the attorney has opined a very narrow scope of how public 86 funds can be expended by the commission. 87 Commissioner Sutherland reviewed the budget points. In regard to the outstanding bill to the 88 charter attorney and using funds to set up guidelines and procedures, City Attorney Langel 89 referred to the audit report and the interpretation in it that the statute doesn't allow for such 90 expenditures; the statute may be outdated but it is still the law. There could be some typical 91 expenses that go along with the activity of framing and amending that could be argued. 92 When asked if the council could authorize payment of the outstanding bill for attorney services 93 related to responding to the audit, City Attorney Langel said that, given the statutory language, he 94 does not believe that is a valid expense that can be paid by the City of Lino Lakes. 95 There was additional discussion in the area of what the city can and cannot fund with a 96 determination that costs relating to frame and amend are all that are allowed. A charter 97 commissioner indicated that they would review their outstanding attorney bill and determine 98 what is included that relates to frame and amend. 99 The council will consider the charter commission budget at the September 14, 2009 council 100 meeting. 101 4. Kraus Anderson development proposal — Mary Alice Divine introduced Matt 102 Alexander and development consultant, Kathy Anderson, both representing Kraus Anderson's 103 proposal to develop a grocery facility on the west side of Hodgson Road at County Road J. Mr. 104 Alexander explained that meetings on the proposal have been held with the neighborhood and the 105 county and the next step would be a traffic analysis completed at the expense of the developer. 106 Mr. Alexander showed display boards indicating the site plan and a head -on view of the 107 proposed development. They have spent a great deal of time looking at buffering the 108 development from area residences. The development concept includes the possibility of some 109 type of housing down the line. They are committed to clear guidelines with the development. 110 They have talked to the county about potential road improvements and while they are not 111 prepared to fully fund such improvements, they (the developer) want to do what they can to move 112 forward. Hence the need for a study and hence their request to hear how the council sees the 113 proposal. 114 Ms. Divine added that the city's Economic Development Advisory Committee (EDAC) has been 115 involved in the process and are recommending that the council support moving forward with a 116 concept plan for the project. 117 When a council member asked about the feedback the developers have received from the 118 neighborhood, Mr. Alexander indicated that response has been across the board from "it's about CITY COUNCIL WORK SESSION September 8, 2009 DRAFT 119 time" to "the area should be a park ". On the question of whether or not the store would be a 24- 120 hour operation, he indicated they could not commit on that either way. 121 Community Development Director Grochala added that the comprehensive plan calls for the area 122 to be mixed use; while there isn't anything in the plan that would prohibit the proposed 123 development, there are items such as traffic, water and sewer that would have to be discussed. 124 Ms. Anderson added that this project involves a large site with the possibility of mixed use, 125 however, it needs an anchor to be feasible. There is a grocery store interested. 126 A resident in the area of the proposed development asked for an explanation of what the 127 developer is asking the council to approve. Ms. Divine explained that Kraus Anderson 128 understands that this would not be an approval of the development but they would like a sense of 129 where the council is at now on the project. 130 Resident of Woodridge Lane said she supports the development and asked the council to 131 consider the revenue and jobs this will bring to the city. Also, it would be a nice replacement for 132 what exists on the site now. 133 When a council member asked why the grocer is currently the only secured tenant, Mr. 134 Alexander explained that Kraus Anderson would build knowing that they have the responsibility 135 (and obviously an interest) in getting the site filled and they normally have a 50% lease situation 136 before building. As far as city control, the Planned Unit Development (PUD) process will allows 137 the city certain use restrictions. 138 Dave Roser, EDAC Member, added that he attended the neighborhood meetings on the proposal. 139 He believes it is good to begin that communication process early, as they have. He's seen issues 140 arise and has seen the developer respond. He thinks this is a good developer and tenant. 141 Rosemary Storberg, 6978 Lake Drive, noted concern that there has traditionally been a negative 142 impact on area wells when these projects occur. 143 A resident from the area said he was speaking on behalf of a few neighbors along the property 144 line and remarked that the city's Master Plan doesn't call for this development. This is an area 145 without a traffic signal and access and traffic are a concern. The area residents are not speaking 146 for no development but are asking for what was planned for the site and that is not a big box 147 retailer. This would not be a good gateway to the city. 148 Ms. Anderson noted that the situation called for by the master plan was developed in some other 149 areas (in other cities) and those developments have generally not done. 150 A resident of Woodridge Lane noted concern about a 24 hour operation at this site and that it 151 doesn't match the area. 152 Mr. Roser added that there is an opportunity now to continue to gather more information on the 153 project and have input on what will make it work for the neighborhood. 4 • • • • • CITY COUNCIL WORK SESSION September 8, 2009 DRAFT 154 Recognizing that the conversation is very early, this is not a true decision point and that more 155 discussion is needed, the council concurred that they would support continuing the conversation 156 with the developer. 157 5. Proposal to convert Country Inn & Suites to Assisted Living/Memory Care - 158 Economic Development Coordinator Divine reported that the city has been approached by a 159 developer interested in conversion of the Country Inn and Suites. She indicated that a 160 representative of Winkelman Building is present to discuss the concept and would like input 161 from the council on the idea. As noted in her report, some considerations in changing the hotel 162 use to a living facility would relate to the Land Use Plan for Legacy at Woods Edge (the area site 163 is within an area designated as commercial) and the potential impact on the vicinity if a change 164 of use occurs. She reviewed other possible issues related to the existing development agreement 165 and the area's status as a tax increment district. 166 Mr. Schoenecker presented his information to the council. Winkelman Building is a well 167 established company with much experience in senior housing. This would be a well managed 168 facility and they have a goal of blending into the community. He pointed out that although this 169 particular use wasn't planned for the site, senior housing was planned for the area. The facility 170 would produce good jobs. He pointed out that the market has not been there for the hotel and it 171 has not been successful. 172 The council discussed with Mr. Schoenecker the proposed facilities including the proposal for 173 congregate dining. The council concurred that they would continue consideration of the 174 proposal. 175 The work session was recessed for a short period of time and then reconvened. 176 9. 2010 Budget Discussion - Finance Director Rolek distributed a written report to the 177 council indicating the city directors' current recommendations for 2010 budget adjustments that 178 would bring the city to a tax rate of 38.616% (the amount directed by the council). He noted that 179 the Early Retirement Incentive Plan could produce some change to the forecast but the deadline 180 for the program has not yet passed so the impact isn't known. 181 The council concurred that they will consider a reduction to their own budget in 2010 and they'd 182 like more information on those line items for a future decision. 183 The council concurred that they would be voting on setting the maximum tax levy (at 38.616 tax 184 rate) at the council meeting on September 14 and that it would be a maximum with a goal for 185 reduction from that rate. 186 8. 35E /CSAH 14 Interchange JPA/FundingUpdate — Community Development Director 187 Grochala reviewed his report updating the council on the funding scenario for the project. He 188 highlighted that additional non -city funding in the amount of $2 million has been identified and 189 thus the projected local share has been reduced to an estimated $4,221,000. He noted that the 190 high amount of city assessed funding that is expected to be deferred continues to be a funding • 191 challenge. With the county indicating that they would only be willing to carry the debt for five CITY COUNCIL WORK SESSION September 8, 2009 DRAFT 192 years and with interest and service charges, the city would need to identify an interim revenue 193 stream for the debt pending receipt of deferred assessments. The county is proposing some 194 flexibility in areas such as by giving credits for things like road turn backs and a future garage 195 site. The council may be asked to consider a joint powers agreement on the project at the 196 September 28, 2009 council meeting. 197 The council will hold a special work session on September 14 (before the regular council 198 meeting) to receive more financial information on the proposal. 199 Review of Regular Council Meeting Agenda 200 The meeting was adjourned at 11:25 p.m. 201 These minutes were considered and approved at the regular Council meeting held on September 202 28, 2009. 203 204 205 206 Julianne Bartell, City Clerk John Bergeson, Mayor 207 6 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1D. Approval of application of Aquinas Roman Catholic Home • COUNCIL MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT September 14, 2009 DRAFT CITY OF LINO LAKES MINUTES REGULAR COUNCIL MEETING : September 14, 2009 . 6:40 p.m. . 7:07 p.m. : Council Members Gallup, Reinert, O'Donnell, Stoltz and Mayor Bergeson MEMBERS ABSENT : none Staff members present Acting City Administrator, Dan Tesch; City Attorney, Joseph Langel; Director of Public Safety, Dave Pecchia; Director of Finance, Al Rolek; City Clerk, Julie Bartell. PUBLIC COMMENT /OPEN MIKE There was no public comment. SETTING '1111 AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Reinert moved to approve the Consent Agenda. Council Member Stoltz seconded the motion. Motion carried_ ITEM ACTION 1A. Consideration of Expenditures: i) September 14, 2009 (Check No. 86593 through 86721), $215,176.77; ii) Centennial Fire District (Check No. 3923 through 3934), $2,530.70 1B. Approval of Resolution No. 09-63, ratifying the City's practice of investigating liquor license renewal applicants 1C. Approval of Resolution No. 09-69, Authorizing a temporary on -sale liquor license for American Legion Post 566 for their October 10, 2009 Booyah event Approved Approved Approved Approved COUNCIL MINUTES September 14, 2009 DRAFT 45 Education Services to conduct an excluded bingo event on 46 October 10, 2009 and February 5, 2010 at St. Joseph's Church Approved 47 48 FINANCE DEPARTMENT REPORT, AL ROLEK 49 50 2A. Resolution No. 09-66 Adopting Preliminary 2009/2010 Property Tax Levy - Finance 51 Director Rolek remarked that the city is required to adopt and certify a preliminary tax levy for 52 the coming year on or before September 15. The council has been reviewing some details for 53 the 2010 budget and directed staff to prepare a resolution to forward a preliminary levy based on 54 a maximum tax rate of 38.616%, a decrease from the 2009 tax rate. The council may reduce the 55 levy from the number submitted but cannot increase it. 56 57 Council Member Stoltz moved to approve Resolution No. 09 -66 as presented. Council Member 58 Reinert seconded the motion. Motion carried. 59 60 2B. Resolution No. 09 -67 Setting Truth -in- Taxation Hearing Date - Finance Director 61 Rolek explained that the city is required to hold a public hearing to receive input on the 62 proposed levy and general operating budget. Staff is proposing that the council set the hearing 63 for December 14, 2009 (during the regularly scheduled council meeting of that date). 64 65 Council Member Gallup moved to approve Resolution No. 09 -67 as presented. Council 66 Member O'Donnell seconded the motion. Motion carried. 67 68 2C. Resolution No. 09-68 Canceling the 2009/2010 Debt Service Tax Levy for G.O. Tax 69 Increment Financing Bond Series 2007A — Finance Director Rolek reported that there is an 70 established annual tax levy included in the bond issuance for the payment of debt services 71 related to these bonds. It was anticipated and is now recommended that the tax levy is not 72 required for 2010 and therefore staff is recommending that it is be cancelled as set forth in the 73 resolution. 74 75 Council Member O'Donnell moved to approve Resolution No. 09 -68 as presented. Council 76 Member Stoltz seconded the motion. Motion carried. 77 78 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 79 80 3A. Charter Commission Budget appropriation — Acting Administrator Tesch reported 81 that the city council and the charter commission have had discussions about the charter 82 commission budget for 2010 as well as an outstanding bill from charter attorney, Karen Marty. 83 Based on his discussion with Charter Commissioner Connie Sutherland just prior to this 84 meeting, Mr. Tesch explained that the commission is, at this time, submitting a bill from Ms. 85 Marty in the amount of $107.30 for expenses directly related to framing and amending the city 86 charter. The council and charter commission will continue discussion of outstanding budget 87 questions at a joint meeting in the near future. 88 2 —25— • • • • • COUNCIL MINUTES September 14, 2009 DRAFT 89 At the request of the council, Finance Director Rolek explained that the amount presented is 90 beyond the approximate $20.00 remaining in the commission's 2009 budget. If the council 91 wishes to authorize payment of the $107.30, that should be done by increasing (amending) the 92 budget by resolution. 93 94 At the request of the council, City Attorney Langel confirmed that, based on the information 95 presented, this would be an acceptable expense under state statute. He suggested that it would 96 be good to get an assurance from the commission that the 2009 budgeted funds that have already 97 been expended by the commission were also in that acceptable area. 98 99 A council member recommended that the future discussions on the charter budget include a 100 clear process on identifying acceptable expenses before they are incurred or are paid. 101 102 Charter Commissioner Storberg, 6978 Lake Drive, noted that the commission incurred some of 103 their expenses due to the audit that was initiated by the city. She asked if there is a precedent 104 on paying that type of expense. 105 106 City Attorney Langel responded that he does not believe that the statute allows the city to pay 107 for that type of expense (responding to an audit). 108 109 Council Member Reinert moved to amend the 2009 budget to provide for payment of $107.30 to 110 Charter Commissioner Attorney Karen Marty. Council Member Gallup seconded the motion. 111 Motion carried. 112 113 3B. Resolution No. 09-65, Approving an Off -Sale Liquor and Tobacco License for C's 114 J & K Liquors at 6013 Hodgson Road (transfer of ownership) — City Clerk Bartell reported 115 that the city has been informed that there is a change in ownership of J & K Liquors, an off -sale 116 liquor store located at 6013 Hodgson Road. An application has been submitted by Mr. Sisouk 117 Vang for an off -sale liquor and tobacco license for this store. The application process is 118 complete, the related fees have been paid and insurance information has been provided to the 119 City as required. In accordance with the Lino Lakes Code of Ordinances, this application 120 requires approval by the City Council. The ordinance does require that opportunity be given to 121 any person wishing to be heard for or against the granting of the license. 122 123 Council Member O'Donnell moved to approve Resolution No. 09 -65 as presented. Council 124 Member Gallup seconded the motion. Motion carried. 125 126 3C. Discussion regarding a Representative from Lino Lakes on the Anoka County - 127 Blaine Airport Advisory Commission — Acting Administrator Tesch reported that the advisory 128 commission has amended their by -laws so that a representative of the Lino Lakes community 129 can sit on the commission. The representative could be either an elected official or city staff. 130 131 The council requested that the item be placed on the October work session agenda_ They would 132 like to know also if a citizen representative is possible. 133 COUNCIL MINUTES September 14, 2009 DRAFT 134 135 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 136 137 4A. Resolution No. 09 -64, Approving the Centennial School District Contract for Youth 138 Resource Officer — Public Safety Director Pecchia presented the on -going contract (with 139 numbers updated for the coming year). 140 141 Council Member Reinert moved to approve Resolution No. 09 -64 as presented. Council 142 Member Stoltz seconded the motion. Motion carried. 143 144 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 145 146 There was no report from the Public Services Department. 147 148 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 149 150 There was no report from the Community Development Department. 151 152 UNFINISHED BUSINESS 153 154 There was no unfinished business. 155 156 NEW BUSINESS 157 158 8A. Approval of August 24, 2009 City Council Meeting Minutes 159 160 8B. Approval of August 24, 2009 Work Session Minutes 161 162 Council Member O'Donnell moved to approve the August 24, 2009 City Council and Work 163 Session minutes as presented. Council Member Gallup seconded the motion. Motion carried. 164 Mayor Bergeson abstained from voting. 165 166 8C. Approval of August 20, 2009 Joint City Council/Charter Commission meeting 167 minutes 168 169 Council Member Gallup moved to approve the August 20, 2009 Joint City Council/ Charter 170 Commission meeting minutes as presented. Council Member Reinert seconded the motion. 171 Motion carried. Council Member Stoltz and Mayor Bergeson abstained from voting. 172 173 174 175 There being no further business, Council Member Stoltz moved to adjourn at 7:07 p.m. Council 176 Member O'Donnell seconded the motion. Motion carried. 177 178 These minutes were considered and approved at the regular City Council Meeting on September 179 28, 2009. 4 —27— • • • • • 180 181 182 COUNCIL MINUTES 183 Julianne Bartell, City Clerk 184 185 186 187 188 189 190 September 14, 2009 DRAFT John Bergeson, Mayor Community Calendar— A Look Ahead September 15, 2009 through September 28, 2009 Monday, September 28 5:30 pm, Community Room Council Work Session Monday, September 28 6:30 pm, Council Chambers Council Meeting • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: September 28, 2009 TOPIC: Approve Application for Blue Heron Elementary PTO to Conduct Excluded Bingo VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Under Minnesota Statute 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. Blue Heron Elementary PTO holds only this one gambling event each year. The Blue Heron Elementary PTO is requesting approval to hold its Annual "Back to School Family Bingo Night". This event will be held at Blue Heron Elementary School, 405 Elm Street, on Thursday, November 19, 2009. There is no license fee involved and there will be no charge to play bingo. The application, a certificate of non -profit status and the results of the background check on the applicant are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • • AGENDA ITEM 1F Council Member introduced the following resolution and moved its adoption: City of Lino Lakes Resolution No. 09 -80 October of 2009 is proclaimed as Domestic Violence Awareness Month WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider, and WHEREAS, domestic violence will be eliminated through community partnerships of concemed individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that the Lino Lakes City Council proclaims October to be Domestic Violence Awareness Month. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September 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. • • • SPECIAL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT August 25, 2009 DRAFT CITY OF LINO LAKES MINUTES SPECIAL WORK SESSION : August 25, 2009 . 5:35 p.m. : 8:05 p.m. : Council Members Reinert, Stoltz, Gallup, O'Donnell and Mayor Bergeson : none Staffpresent: Acting City Administrator, Dan Tesch; Director of Finance, Al Rolek; Director of Public Safety, Dave Pecchia; Director of Public Services, Rick DeGardner; Director of Community Development, Michael Grochala; City Clerk, Julie Bartell Mayor Bergeson called the meeting to order at 5:35 p.m. in the Community Room at Lino Lakes City Hall. 2010 Budget Proposal - Mayor Bergeson explained that the purpose of the meeting is to discuss the budget but no action will be taken.. He noted that the council has concurred with the terms of an early retirement program. Finance Director Rolek reviewed his written report outlining a budget proposal for 2010 based on previous directives of the council. The proposal takes into consideration the ranking of alternatives by council members at the previous meeting. It includes staff reductions, an unpaid furlough mandate for employees, assumes certain fee revenue to replace tax levy dollars and begins the phasing in of a debt levy for the outstanding bond obligation. He explained that the impact of this budget would be a reduction in the city's tax capacity rate from 2009 levels; staff is recommending that the tax capacity rate be kept at the 2009 level in order to maintain future flexibility and create less onerous effects on city service levels. Mr. Rolek discussed the negative service impact of personnel reductions. Mr. Rolek reviewed the items included in the levy reduction proposal: a ten- position workforce reduction, discontinuance of the joint powers agreement with Centennial School District for field services, revenue increases (storm water utility and franchise fees), an internal loan for Legacy bond debt service, renegotiation of union contracts and a mandatory one -week furlough for all staff He reviewed the impact of the proposed reductions on the tax levy and then reviewed net tax capacity calculations. He pointed out that tax levels on residential properties of various values is far less in 2009 than it was in 1999, indicating that the city has continued to provide the same level of services at less cost through that ten year period. It was noted by a council member that the tax bill to residents will include the county and school district levy also and those rates are yet unknown. The city controls only about 35% of that property tax bill. SPECIAL WORK SESSION August 25, 2009 DRAFT The directors had included information in the report on the service impacts that would result from the proposed staff reductions. Mr. Rolek added that service levels will absolutely be impacted by the reductions and it would be unwise to reduce to the point where the city cannot respond appropriately to an increase in needs or to a point that is not sustainable Directors were asked to comment. Community Development Director Grochala remarked that much time has been spent by directors evaluating the situation based on the directive of the council and they have done so knowing also that they cannot responsibly ignore the long -term needs of the city. Based on recent strategic planning activities, the council has identified their values for decision making — operational excellence, customer intimacy, and program and service leadership. Those are the three things that would be hurt the most from these reduction proposals. Public Safety Director Pecchia noted that the Police Department has included their impact statement in the staff report. He added that they have relied on their citizens' public safety commission to work through the process and have made recommendations based on their goal to continue to deliver an appropriate and a high level of services to the community. Public Services Director DeGardner asked that the council carefully review the indications of service reductions that will occur with the loss of each individual position. If these workforce reductions are implemented, the citizens will be absolutely be impacted as far as services. Finance Director Rolek said that he concurs that staff reductions will have significant service level impacts. Businesses sometimes reduce personnel and understand there will be resulting production decreases. The city however cannot reduce production. The Finance Department in particular has no less work and, in fact, would have more work if a storm water utility is implemented. Administration Director Tesch noted that the city has recently been recognized for its high quality of life. These cuts are to the point where that they will impact some basic functions of the city. The council had been requested to receive input from the charter commission regarding their budget. Commissioners Dahl and Sutherland were present. Commissioner Sutherland read a statement that thanked the council members that attended the recent joint council charter commission meeting, provided background on the role and structure of the charter commission, focused on the independent nature of the commission's work, and noted the impact of responding to an audit of the commission. Ms. Sutherland provided the council with written information that included historical data on the commission's funding, a revenue/population comparison of the city, and the commission's most recent bill from attorney Karen Marty. She noted that the attorney bill indicates that most of the commission's legal expenses of late have been associated with responding to the city's audit She provided information also on the commission's standard "cost of doing business" items such as publication and recording secretary, noting that the commission is requesting $3,000 for the remainder of 2009 for that type of cost. She pointed out that the statute that sets a budget amount —32— • SPECIAL WORK SESSION August 25, 2009 DRAFT • for charter commissions was passed in 1947. The commission is further requesting an additional $1,500 for the remainder of 2009 to fund attorney fees relating to the commission's efforts to frame and amend. Further, based on discussions at the joint meeting, the commission requests that the 2010 budget for the commission be set at $8,500 (to fund operating expenses, attorney consulting fees, frame and amend legal fees and strategic planning). The council could delineate that funding if they so choose. The commission requests that the items be added to the agenda and voted upon at the next regular council meeting. Ms. Sutherland also provided some written information for review relative to what the city has spent on legal fees for review of a proposed charter amendment as well as some information on costs gathered from other cities that have looked at tax cap amendments to their charter. It was confirmed that the budget request for 2009 is $6,07035 (that includes the initial $1,500 appropriated in the approved budget). A council member noted that the 2010 budget isn't yet determined and is still well under consideration so the commission's request really becomes a part of that discussion_ The council could appropriately make a determination on the 2009 supplemental request though. A council member noted that those council members present at the joint meeting agreed to put the matter on the September 14, 2009 council agenda based on discussion at the September 8 work session. It was noted that staff has not yet reported back on the council's questions and directives related to the charter commission audit and that information should be fully reviewed and understood as the council looks at the charter's budget. Staff was directed by Council Members Stoltz and Reinert to report on the charter commission audit directives at the September 8 council work session. Commissioner Sutherland requested that the council receive Charter Attorney Karen Marty's response to the charter audit as part of the background information for that item. Regarding the budget request for 2010, a council member recommended that the discussion should include how the council and commission will be working together as much as possible in formulating amendments, leaving the costly legal work to be done on a product agreeable to both groups. Is that an approach that is agreeable to the commission? Ms. Sutherland suggested that the concept of strategic planning could be helpful in developing collaboration. A council member suggested that it would be helpful to include more itemization on the $8,500 2010 budget request, as city departments would do. A council member requested a copy of Ms. Sutherland statement (as it was in writing) to be written into the record. She replied that she would provide the portion relating to numbers. The council returned to the overall 2010 budget discussion. It was noted that staff is recommending holding the budget at the 2009 tax rate (approximately $8,700,000). To move from the $8,400,000 proposed to that larger figure should probably be done through changes in the workforce reduction area to avoid reductions in services. The schedule was clarified — the maximum levy will be submitted to the state in mid - September after that and until mid - December the work will continue to finalize a budget • SPECIAL WORK SESSION August 25, 2009 DRAFT A council member had been contacted by an employee asking the council to consider alternatives to workforce reduction such as furloughs. It was clarified that the council is looking at all possibilities including a retirement incentive. There was a discussion about a storm water utility and franchise fees as possible revenues sources. It was noted by Director Rolek that most cities in the metro area have implemented a storm water utility and he added it is generally considered a more equitable way to meet the water quality mandate because it removes the cost from the levy and reaches users in a different way. The franchise fee is widely used in the area as well. Staff will be reporting at an upcoming work session on those two revenue options. A council member noted that the budget for 2011 may be just as or more difficult as 2010 and the council may want to reserve the storm water and franchise fee options for those difficult times ahead. Regarding fund balance, Mr. Rolek noted his reservations in recommending any use of that- important resource. It is a one -time use and must be considered cautiously however it could be a good stop -gap until the economy and budget start revitalizing. A council member noted that the city's leadership has worked hard to keep stable or lower the tax rate in the past. If that choice continues, it is important to be cognizant of the impact on staff, citizens and services. It is clearly a difficult time for cities and tough choices on both ends — taxes and services — are being made. Mr. Rolek noted that governments generally feel the impact of an economic downturn such as this later because of the taxation process etc. It is important however to remember that the city needs to be ready for the rebound when it comes. City employees were in attendance at the meeting and were invited by the council to engage in the discussion. Bart Anderson, AFSCME Council 5 business agent for Local 2454 read a letter prepared by the union membership. He also noted concern regarding the proposal for early retirement in that it has not been properly negotiated through the collective bargaining process. He will be reviewing the program documents and will work with Mr. Tesch if there are concerns. He is also concerned that the union has not been asked to engage in a meet and confer process in regard to proposed layoffs. Mr. Anderson noted the great concern of the Local membership with the current situation as well as the membership's interest in working together with the council and city to meet the challenges. Tim Hillescheim, on behalf of the 49ers union, suggested they would welcome the chance to talk about options and how their members can be a part of collectively working together to solve some of the city's budget problems. Lisa Hogstad, Community Development Secretary, remarked that the written report received by the council indicates the duties that would be lost with the proposed work force reduction. She is concerned that the information presented is incomplete and that those employees do much more and the city will lose much more than what is being presented. • SPECIAL WORK SESSION August 25, 2009 DRAFT • Dawn Bugge, Community Development Assistant, remarked that she believes this situation speaks to the point that you don't know what you've got until it's gone. She asked that the council be mindful of that as decisions are made and services are lost. Georgia Woltjer, Building Secretary, stated that she has worked in customer service for her entire career and she believes that it would be devastating to the city's service level to only have one window open to the public. If there is a storm similar to last year, there is no way she can issue 8,000 permits and answer the phones for the entire building. Carol Danielson, Administrative Assistant, remarked that during her three and a half years with the city, she has been proud to be an employee representing the city and feels that staff provides a high quality of service. The city would lose a very high caliber of employee. Tanya Mozingo, Recreation Supervisor, asked the council to consider all level of city services that are at risk. Services don't start and end with the taxpayers. The employees work hard, enjoy their work and provide a high level of service to all residents, preschoolers on up. Jackie Bowdich, Police Department, acknowledged the difficulty of the situation. Services as well as people are an important consideration. The loss of a job can be devastating and result in harsh consequences such as the inability to pay for homes, cars, schooling, etc. She hopes the council will consider that employees are real people. She believes that the employees are willing to stand together and make concessions to help the city get through the budget crisis. Paul Bengtson, Associate Planner, asked the council to consider that a reduction in an area such as planning could result in the need to pay for more outside consulting services. He encourages a closer look at cutting back on that type of fees so the city can maintain its current employees who can provide superior services based on their knowledge and experience within the city. Lester Rydeen, City Mechanic, noted that he came to the city from the private sector where he had heard plenty of jokes about government workers. Coming to work here, however, he found real employees doing real work providing real services. The numbers the council is looking at are tough but he hopes they will remember the benefit and need for continuity. The practical knowledge and experience these employees have built up and will pass on are important elements to the present and the future functioning of the city. Connie Sutherland, resident of Lino Lakes, commented that it is striking that the budget recommendations seem unequal — there are no proposals for reductions at the director or non- union levels. She thinks broad spectrum reductions, rather than just hitting the front line workers, would cause less service impact. She encourages the council to be more creative, to hear that employees are willing to work with the city on ways to hold onto experienced workers and to look at reductions in a broader sense as the private sector is currently doing. The work session was briefly recessed at 7:30 p.m. reconvened at 7:45 p.m. Finance Rolek recalled that the council will be asked to consider the levy limit at the council meeting on September 14, 2009. A council member suggested that the enormity of the budget • • —35— SPECIAL WORK SESSION August 25, 2009 DRAFT work still to be done will have some bearing on how the council sets that maximum levy. The council will consider the budget again at the next regular work session (September 8) and as well at a special work session on August 31. A council member asked that staff provide a picture of what it would look like to have the Legacy situation fully funded throrngh an internal loan. The council concurred that they want more information on the storm water utility. Two members remarked that the council owes it to everyone involved to dedicate adequate time up front in the process to deal with the process fully; they are committed to having as many meetings as are necessary to deal with this properly. Employees are welcome to engage in the process; and council members encourage the employee groups to get their negotiating process underway with the city. The meeting was adjourned at 8:05 p.m. These minutes were considered and approved at the regular Council meeting held on September 28, 2009. City Clerk, Julianne Bartell John Bergeson, Mayor • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SPECIAL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT DRAFT CITY OF LINO LAKES MINUTES SPECIAL WORK SESSION August 31, 2009 : August 31, 2009 . 5:30 p.m. . 6:40 p.m. : Council Members Reinert, Stoltz, Gallup, O'Donnell and Mayor Bergeson MEMBERS ABSENT : none Staff present: Acting City Administrator, Dan Tesch; Director of Finance, Al Rolek; Director of Public Safety, Dave Pecchia; Director of Public Services, Rick DeGardner, Director of Community Development, Michael Grochala; City Clerk, Julie Bartell Mayor Bergeson called the meeting to order at 5:30 p.m. in the Community Room at Lino Lakes City Hall. The council continued previous discussions of the 2010 budget proposal. Finance Director Rolek indicated that, at the last work session, the council had asked for more information in the area of discussion with staff and labor bargaining groups, valuation data from Anoka County, and internal loan funding for the Legacy bond debt service. Acting Administrator Tesch reported that he had met with labor representatives (LELS, AFSCME and 49ers) with the goal of discussing budget options to avoid employee lay- offs. Everyone is on board as far as looking at furloughs in the area of one to two weeks. He has also discussed the early retirement incentive program details with the unions and feels they are now on board. Finance Director Rolek provided written information to the council on net tax capacity calculations. He has calculated that each percentage change in rate equals an amount just under $197,000; he presented the levy amount necessary to hold the 2009 tax rate as well as the budget reduction amount needed for that level tax rate. It was clarified that the figures presented are expenditure based with no new revenue included. A council member requested discussion about the possibility of further delaying the filling of the City Administrator position, recognizing that these are extraordinary times and everything should be on the table. Staff explained that they have included that position in the 2010 budget proposals. A council member recommended that the first decision point should be the tax rate goal 45 and move from there on a specific budget Another council member recalled previous 46 discussions about the need to look at decisions on a two -year basis recognizing that more SPECIAL WORK SESSION August 31, 2009 DRAFT 47 hard times most likely lay ahead in 2011. That two -year view should include all the 48 pieces, and hard decisions in the area of employees should be made up front and perhaps 49 revenue options such as storm water utility and franchise fees left for next year. 50 51 Finance Director Rolek discussed the interfund loan proposed to handle the 2010 debt 52 service on the Legacy bonds. Staff is still assuming that approximately one -half of that 53 debt service will be handled through such a loan, thereby leaving some flexibility for 54 2011. 55 56 Regarding the maximum tax rate that will be approved by the council on September 14 57 and forwarded, the council concurred they would go with 38.616 (a reduction). Having 58 that number in place, Mr. Rolek suggested that the council can have more discussion at 59 the September 8 work session on how to budget to represent that figure. The council 60 concurred that the figure is a maximum and the goal is a reduction from that point. 61 62 There was a discussion of fund balance and Mr. Rolek asked for clarification that the 63 originally proposed use of $93,377 is on the table. One council member suggested that 64 the maximum rate discussion leaves the fund balance at a different figure. Another 65 member said he believes that fund balance represents levied but unused tax funds that 66 should be returned to the taxpayers (or to use the funds as part of a future budget). A 67 third council member suggested that he doesn't support use of fund balance at all — it 68 isn't a prudent budgeting tool. A majority of the council agreed to leave the $93,377 on 69 the table but with further discussion and review of fund balance. 70 71 Regarding implementation of revenue options, staff remarked that they could begin the 72 review process but wouldn't recommend planning on any revenue for 2010 — 2011 would 73 be more realistic. 74 75 On Mr. Rolek's question about presenting options for (partial or fully) funding internally 76 the debt service on the Legacy bonds, the council requested that staff report back on the 77 status of the project and options to get things moving. 78 79 The meeting was adjourned at 6:40 p.m. so 81 These minutes were considered and approved at the regular Council meeting held on September 82 28, 2009. 83 84 85 86 87 City Clerk, Julianne Bartell John Bergeson, Mayor • • • • SPECIALCOUNCIL MEETING September 8, 2009 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 SPECIAL COUNCIL MEETING 5 6 DATE : September 8, 2009 7 TIME STARTED : 5:35 p.m. 8 TIME ENDED : 6:25 p.m. 9 MEMBERS PRESENT : Council Members Reinert, Stoltz, 10 Gallup, O'Donnell and Mayor 11 Bergeson 12 MEMBERS ABSENT : none 13 14 Also Present: Acting City Administrator Dan Tesch; Community Development Director 15 Michael Grochala; Public Safety Director Dave Pecchia; Director of Finance Al Rolek; 16 City Planner Jeff Smyser; City Clerk Julie Bartell 17 18 Mayor Bergeson called the meeting to order at 5:35 p.m. in the Council Chambers at Lino 19 Lakes City Hall. 20 21 The only agenda item was consideration of Public Hearing and First Reading of 22 Ordinance No. 06 -09, amending the City Charter to require that council meetings 23 be televised. 24 25 City Clerk Bartell explained that the charter amendment proposal before the council was 26 brought forward by the Lino Lakes Charter Commission on July 13. The amendment 27 would add language to Section 3.01 of the Lino Lakes City Charter requiring all regular 28 open council meetings, the Open Mike portion, and council work sessions to be televised. 29 The charter commission requested that the amendment be considered a proposal under 30 Minnesota Statutes, Section 410.12, Subd. 7 Amendment by Ordinance. That statute sets 31 forth a schedule for consideration that the city must follow. A public hearing notice is 32 required within one month of receiving the proposal (published on August 11), and a 33 public hearing is to be held between Aug 25 and Sept 11 (hearing being held tonight, Sept 34 8). Looking forward, the council must vote on the proposal within one month of the 35 public hearing (October 8 deadline). The remainder of the schedule for consideration, 36 including two readings at least 14 days apart, was reviewed. It was noted that the city 37 attorney had provided an opinion and some changes clarifiying the text of the 38 amendment, however, the charter commission had rejected any change Ms. Bartell also 39 outlined information included in the staff report on how the amendment could be 40 implemented. 41 42 Charter Commissioner Connie Sutherland explained that the commission brought forward 43 the proposed amendment to promote transparency in local government. The verbage of 44 the amendment includes adding the "Open Mike" portion to the televised portion of the 45 council meeting. It will also require televising of the council work sessions to give SPECIALCOUNCIL MEETING September 8, 2009 DRAFT 1 citizens the opportunity to see how the council discusses and reaches its decisions for the 2 city. 3 4 Mayor Bergeson opened the public hearing. 5 6 Paul Tralle, 945 Evergreen Trail, supports the amendment adding that he would like to 7 see all the city's government groups, including the charter commission, be added to the 8 requirement (to be televised). 9 10 Pat Smith, 6922 West Shadow Lake Drive, stated that he is a former charter commission 11 chair person and he agrees with the concept of televising the charter commission 12 meetings so the public can view their activities as well. 13 14 There being no one else wishing to speak, Council Member O'Donnell moved to close 15 the public hearing. Council Member Reinert seconded the motion. Motion was adopted. 16 17 Council Member Reinert moved to approve first reading of the charter amendment 18 ordinance The motion was seconded_ 19 20 The council asked for more information on the attorney's work to clarify the amendment 21 language 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 The city attorney stated that he is unaware as to whether or not open mike is included in 41 the city code as part of the regular meeting. If in fact it is, it would be unnecessary to 42 include that designation. The amendment could simply read "all council meetings will be 43 televised ". 44 City Attorney Langel explained that he identified some language in the amendment (as proposed by the commission) to be unnecessary or inaccurate. For example the amendment identifies all "open" council meetings but all council meetings are open so there is no need for that word. Additionally council work sessions are identified but council work sessions are regular council meetings so they would be covered without being specifically identified. Also the open mike portion wouldn't be included unless it is a part of the meeting. He prepared language that he feels is clearer but it was rejected by the commission. Commissioner Sutherland explained that the city code calls for the open mike portion to be a part of the meeting and the commission feels it is important to identify that portion in particular. The commission feels the language is clear and appropriate in that the charter itself is written in "working man's language ". They would like a guarantee, through the charter, that the open mike portion will remain televised. In addition she explained that the commission has discussed televising their meetings but she cannot speak on behalf of the commission in approving any changes. —40- 2 • • • • SPECIALCOUNCIL MEETING September S, 2009 DRAFT 1 Council members commented. There is concern that the council should not lose the 2 ability to have a less formal forum in which citizens can come forward; the formality of 3 the council chambers (where meetings can be televised) is less appropriate for some 4 discussions. There is obviously interest in seeing charter commission meetings televised 5 also for transparency. 6 7 When asked about a process for making a change to the language, City Attorney Langel 8 explained that the amendment cannot be changed by the council, only by the commission. 9 The amendment is proposed to the section of the charter that deals with council process 10 so it isn't inappropriate to include it there and as well if the charter commission were to 11 be added, that language is appropriate to the charter document If however the desire is to 12 add advisory groups appointed by the council (Planning & Zoning, Environmental, etc.) 13 that would be appropriate in the city code. 14 15 Commissioner Sutherland suggested that supporting this amendment brought forward by 16 the commission would be a good first step in building a positive working relationship 17 between the council and the commission. 18 19 Charter Commissioner Kelly Gunderson explained the commission's recording process. 20 Since the commission has no budget left, they have been unable to continue the services 21 of a professional minute taker. She has been taking the minutes. Regarding the proposed 22 charter amendment, it is the matter at hand and it should be dealt with before proceeding 23 discussion on other things like requiring televising of other meetings. 24 25 Council comments: concem about following the process for changing rules of the city 26 and utilizing the charter (the constitution of the city) to make a legislative change more 27 appropriately done by ordinance or resolution; this is a good first step to working 28 together with the commission and the next step should be talking about how to include 29 commission meetings; some reservations when hearing that the text of the amendment is 30 somewhat flawed; the issue of transparency could be dealt with in other ways; can this 31 be proposed as an ordinance this evening? 32 33 Attorney Langel responded that the council could introduce and vote on an ordinance this 34 evening. 35 36 The council indicated that they would like to know if the commission would support a 37 change to the code in lieu of amending the charter. Commissioner Gunderson replied that 38 it isn't possible to speak on behalf of the commission; if the council wants feedback, they 39 should make an official request for consideration by the commission. 40 41 A council member directed Acting Administrator Tesch to attempt to set up a joint 42 meeting with the charter commission before second reading of the amendment, to allow 43 for discussion of a change. While the amendment process must proceed, a second track 44 to find an ordinance solution can proceed. 45 SPECIALCOUNCIL MEETING September 8, 2009 DRAFT 1 On the motion to approve first reading of the ordinance, the motion was approved on a 2 voice vote. 3 4 The meeting was adjourned at 6:25 p.m. 5 6 These minutes were considered, corrected and approved at the regular Council meeting held on 7 September 28, 2009. 8 9 10 11 12 City Clerk, Julianne Bartell John Bergeson, Mayor 4 —42— • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 3A Julie Bartell, City Clerk September 28, 2009 2nd Reading of Ordinance No. 06 -09, Amending Section 3.01 of the Home Rule Charter to require that council meetings be televised Affirmative vote of all members of the City Council BACKGROUND On July 13, 2009 the Lino Lakes Charter Commission submitted a charter amendment and indicated that the amendment should be considered a proposal under Minnesota Statutes, Section 410.12, Subd. 7, Amendment by ordinance. The proposal was distributed to the council at their work session that evening, thus commencing the statute defined schedule for consideration of this type of amendment. Consideration of the proposed amendment has transpired as follows: > A public hearing notice was published on August 11, 2009. > The public hearing was held and first reading of the ordinance approved on September 8, 2009; The statute further requires that within one month of the public hearing (by October 8), the council must vote on the proposed charter amendment ordinance. The ordinance is enacted only if it receives an affirmative vote of all members of the council. If the ordinance is enacted, it will be properly signed and published as required by the city charter. There is a minimum 90-day delay before the amendment becomes effective during which a 60-day period is allowed for submission of a registered voter petition for referendum (thus commencing a new process for ballot consideration). If no petition is received, the amendment becomes final and will be properly filed and placed into the city charter. ATTACHMENTS 1. Ordinance No. 06 -09, Amending the City Charter 1 st Reading: q- g_ 2 oo 9 Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 06-09 AN ORDINANCE AMENDING '1'HL CITY CHARTER TO REQUIRE THAT COUNCIL MEETINGS BE TELEVISED The City of Lino Lakes ordains that Section 3.01 of the Home Rule Charter be amended as follows (added text underlined): Section 1 Amendment of City Charter Section 3.01. Council Meetings. The Council shall meet regularly at such times and places as the Council shall designate by ordinance The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours notice to each member, and such reasonable public notice as may be prescribed by Council rule in compliance with the laws of Minnesota. The twenty -four (24) hours notice shall not be required in an emergency. To the extent provided by law, all meetings of the Council and its committees shall be public, and any citizen shall have access to the minutes and records of the Council at all reasonable times. During any of its public meetings, the Council shall not prohibit, but may place reasonable restrictions upon citizen's comments and questions. All regular open council meetings, the Open Mike portion, and council work sessions shall be televised. Should the City Council determine it is necessary to exempt a given council meeting or council work session from this procedure, they may do so by motion. Section 2 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. • • • • AGENDA ITEM 3B STAFF ORIGINATOR: Dan Tesch Director of Administration DATE: September 28, 2009 TOPIC: Consideration of making a conditional job offer to Matt Paulson for the position of Police Officer VOTES REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to approve a conditional job offer to Matt Paulson. This position is a full -time swom officer to begin as soon as possible upon completion of the required background. OPTIONS 1. Approve the conditional offer as requested. 2. Deny the conditional offer. RECOMMENDATION Option No. 1 • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia Public Safety Director /Chief of Police DATE: September 28, 2009 TOPIC: Consideration of Resolution No. 09 -79, accepting a $336,645 Recovery Act Justice Assistance Grant. VOTES REQUIRED: Simple Majority BACKGROUND The Lino Lakes Police Department is requesting council to adopt Resolution No. 09 -79, accepting the Recovery Act Justice Assistance Grant of $336,645 from the Office of Justice Programs. This grant funds one officer from 10/1/2009 through 9/30/2011, and a second officer for the time period 1/1/2010 through 12/31/2011. These non - supplanting funds will be utilized to continue transitioning the police department from Problem Oriented Policing to Intelligence Led Policing. Intelligence Led Policing is a data driven, best practices approach to crime reduction. The goal of the project is to produce useful crime maps and analysis that help administration direct resources with the overarching goal of reducing crime and improving the quality of life. OPTIONS 1. Adopt Resolution No. 09 -79, accepting the grant. 2. Retum the Resolution to staff for further information. RECOMMENDATION Option No. 1 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -79 RESOLUTION ACCEPTING A $336,645 GRANT FROM THE OFFICE OF JUSTICE PROGRAMS FOR SUPPORT OF THE TRANSITION TO INTELLIGENCE LED POLICING; WHEREAS, The Lino Lakes Police Department utilizes a Problem Oriented Policing philosophy in its approach to achieving the goals of crime reduction and quality of life improvement; and WHEREAS, The Lino Lakes Police Department continues to build on this success by transitioning to Intelligence Led Policing to better utilize our resources towards these goals; WHEREAS, The Lino Lakes Police Department applied for and was awarded a Recovery Act Justice Assistance Grant of $336,645 from the Office of Justice Programs in non - supplanting funds to continue this transition; WHEREAS, The grant funds one officer from 10/1/2009 — 9/30/2010 and a second officer from 1/1/2010 — 12/31 /2011; NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the grant of $336,645. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September 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. • • • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6A James E. Studenski, City Engineer September 28, 2009 Resolution No. 09 -71, Accepting Feasibility Report and Calling for a Public Hearing, Pine Street Paving Improvement Project 4/5 Vote The Pine Street Paving Improvement Project Feasibility Report was authorized by the City Council on July 13, 2009. The report was initiated by a resident petition to research the costs of paving Pine Street. The attached feasibility report dated September 23, 2009 includes paving and minor surface water management improvements for Pine Street from both Lake Drive to the Western Terminus and Lake Drive to 4th Avenue. This report was prepared in coordination with the City of Columbus. The estimated improvement project costs to pave Pine Street from Lake Drive to the western terminus are $699,500 and $398,500 to pave from Lake Drive to 4th Avenue. The estimated project costs include a 5% contingency and 20% indirect costs (legal, engineering, and administrative). The City of Columbus is going through their process for the feasibility report with their pertinent assessment information attached. City staff will continue to work with City of Columbus staff on a Joint Powers Agreement for this project. The Lino Lakes public hearing will be held at the October 26th City Council Meeting. RECOMMENDATION Staff recommends accepting Resolution No. 09 -71, Accepting Feasibility Report and Calling for a Public Hearing, Pine Street Paving Improvement Project. Council Member moved for adoption of the following resolution: CITY OF LINO LAKES RESOLUTION NO. 09-71 RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING — PINE STREET PAVING IMPROVEMENT PROJECT WHEREAS, pursuant to approval of the Council July 13, 2009, a study has been prepared by the City Engineer, with reference to the Pine Street Paving Improvement Project Feasibility Report, received by the City Council September 28, 2009, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Pine Street Paving Improvements Feasibility Report has been accepted and the Engineer is designated as the engineer for this improvement and he is directed to call for a public hearing for the Pine Street Paving Improvements Project. 2. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for the portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and City Charter at an estimated total cost of the improvement of $398,500 for the paving of Pine Street from Lake Drive to 4th Avenue / Jodrell Street. 3. A public hearing shall be held on such proposed improvement on the 26th day of October, 2009 in the Council chambers of the City Hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 2009. The motion for the adoption of the foregoing ordinance 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. • FEASIBILITY REPORT PINE STREET PAVING IMPROVEMENTS (From: Lake Drive to 4th Avenue /Jodrell Street and Lake Drive to the Western Terminus) SUBGRADE PREPARATION AND BITUMINOUS SURFACING CITY OF COLUMBUS, MINNESOTA CITY OF LINO LAKES, MINNESOTA TKDA ENGINEERING • ARCHITECTURE • PLANNING The rlgMtime. The right people. The right company Date: September 23, 2009 Project No. 14292.005 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292 -0083 Fax www.6cdacom TKDA ENGINEERING • ARCHITECTURE • PANNING The right time. The right people. The right eampans FEASIBILITY REPORT SAINT PAUL, MINNESOTA SEPTEMBER 23, 2009 PINE STREET PAVING IMPROVEMENTS (From: Lake Drive to 4th Avenue /Jodrell Street and Lake Drive to the Western Terminus) SUBGRADE PREPARATION AND BITUMINOUS SURFACING CITY OF COLUMBUS, MINNESOTA CITY OF LINO LAKES, MINNESOTA PROJECT NO. 14292.005 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. James E. Studenski, P.E. License No. 23757 14292.005.000 • • • PINE STREET PAVING IMPROVEMENTS (From: Lake Drive to 4th Avenue /Jodrell Street and Lake Drive to the Western Terminus) CITY OF COLUMBUS, MINNESOTA CITY OF LINO LAKES, MINNESOTA PROJECT NO. 14292.005 TABLE OF CONTENTS PAGE NO. SECTION I. BACKGROUND SECTION II. SECTION III. SECTION IV. SECTION V. SECTION VI. SECTION VII. 1 PROPOSED IMPROVEMENTS 1 ESTIMATED PROJECT COST 3 FINANCING OF IMPROVEMENTS 4 PRELIMINARY ASSESSMENT RATE 4 STATEMENT OF FEASIBILITY 4 PROPOSED PROJECT SCHEDULE 5 APPENDIX PAGES PRELIMINARY COST ESTIMATE 2 PRELIMINARY ASSESSMENT ROLE 2 RICE CREEK WATERSHED DISTRICT ENGINEER MEMO 2 LOCATION MAP 3 n 14292.005.000 11. PROPOSED IMPROVEMENTS PINE STREET PAVING IMPROVEMENTS (From: Lake Drive to 4th Avenue /Jodrell Street and Lake Drive to the Western Terminus) 1. BACKGROUND CITY OF COLUMBUS, MINNESOTA CITY OF LINO LAKES, MINNESOTA In 2005 a petition was submitted for the paving of Pine Street. Both the City of Lino Lakes and the City of Columbus conducted surveys of the residents to determine support for the paving of Pine Street. City of Lino Lakes responses resulted in 25% for paving, 34% against paving, and 41 % did not respond. The residents in the City of Columbus voted 54% in favor of paving Pine Street from Lake Drive to the western terminus and 63% in favor of paving from Lake Drive to 4th Avenue /Jodrell Street. Due to a lack of interest no further action was taken by either the City of Lino Lakes or the City of Columbus. In April 2009, the City of Lino Lakes received a petition to research the costs of paving Pine Street. A survey was sent to Lino Lake's residents along Pine Street to gauge interested in the project. The survey responses resulted in 86% of the residents living east of the intersection of Pine Street and 4th Avenue /Jodrell Street being in favor of the project. Per the results of the survey, and communication with the City of Columbus the Lino Lakes City Council ordered preparation of a feasibility study for the paving of Pine Street from Lake Drive to 4th Avenue /Jodrell Street and Lake Drive to the Westem Terminus of Pine Street. The City of Columbus approved a motion to share the cost of completing the feasibility study. Past resident surveys and current interest in the City of Columbus have shown enough support to order the completion of a feasibility study. Once the feasibility study is complete, both the City of Columbus and the City of Lino Lakes will review the study and determine the next step in the improvement process. STREET IMPROVEMENTS: The existing gravel roadbed is approximately 26 feet wide from Lake Drive to 4th Avenue / Jodrell Street and then 24 to 26 feet wide from 4th Avenue / Jodrell Street to the west end 1 0014292.005 • • • • and no soft spots or subgrade failure has been observed. The public works departments of both cities perform regular maintenance of Pine Street. A new gravel surface was placed on Pine Street in 2006 consisting of approximately 5,200 tons of gravel. Each year approximately 8,000 gallons of a dust control agent is applied to Pine Street. Pine Street is re- graded with a motor grader approximately 30 times each year. The material and labor costs and resources are split 50% - 50% between the City of Lino Lakes and Columbus. It is recommended that Pine Street be improved by constructing a 3.5 inch thick bituminous surface for a 24 foot wide rural section east of the 4th Avenue /Jodrell Street intersection and 22 feet wide west of 4th Avenue /Jodrell Street with an approximately 1 foot shoulder on either side from Lake Drive to the westem terminus or 4th Avenue /Jodrell Street. The work would begin by replacing 3 cross culverts in poor condition and salvaging and replacing two culverts at elevations recommended by the Rice Creek Watershed District. Then about 1 inch of gravel would be added for shaping purposes. The road would then be graded, shaped, and compacted to a uniform width and crown. The bituminous paving would be constructed in a two inch base course and a one and a half inch wear course, each layer being thoroughly compacted before placing the next layer. Gravel shouldering would be added for about a 1 foot width and existing driveways would be matched for elevation. STORMWATER MANAGEMENT: The Rice Creek Watershed District has Water Quality, Volume Control, and Rate Control rules that the paving of Pine Streets fall under. The Rice Creek Watershed Districts rule RMP -3 applies to the project and indicates that a public linear project must meet Water Quality and Volume Control requirements. However, an exemption for a project that paves a rural section gravel road similar to the Pine Street paving improvements exists if the ditch is maintained and does not discharge directly to a wetland or another sensitive water body. City staffs have met with the Rice Watershed District representatives to obtain a determination on the stipulations of the exemption noted above. Per a memo attached in the appendix and dated September 1, 2009 from the Rice Creek Watershed District Engineer, Houston Engineering Inc., the Pine Street Paving project has been exempted from any Water Quality and Volume Control rules. 2 0014292.005 Rice Creek Watershed district rule C6 requires rate control for the Pine Street Paving Project. The rate control rule requires that the stormwater runoff rate for the proposed project does not exceed the existing runoff rate for critical 2 year and 100 year frequency events. The Rice Creek Watershed District is requiring submittal of a hydrologic model to demonstrate the proposed runoff rates do not exceed the existing rates. Depending on the results of the hydrologic model the watershed district may waive the rate control requirements based on an exemption for projects discharging to large water bodies with storage capacity. In summary the Rice Creek Watershed District has exempted the Pine Street paving project from the district's water quality and volume control requirements and is requiring that the Pine Street Paving Project demonstrate that the project meets the district's rate control requirements. Hi. ESTIMATED PROJECT COST Attached to this Report is a complete estimate of cost including construction, contingencies, engineering, and all other miscellaneous costs. The total estimated project cost is: PINE STREET (Lake Drive to 4th Avenue /Jodrell Street) Street Improvements $ 371,725 Stormwater Management $ 26,775 Total $ 398,500 Project costs to be split 50% - 50% between Lino Lakes and Columbus Amount to be Assessed (Lino Lakes) $ 199,250 Amount to be Assessed (Columbus) $ 199,250 PINE STREET (Lake Drive to Westem Terminus) Street Improvements $ 649,415 Stormwater Management $ 50,085 Total $ 699,500 Project costs to be split 50% - 50% between Lino Lakes and Columbus Amount to be Assessed (Lino Lakes) $ 349,750 Amount to be Assessed (Columbus) $ 349,750 3 0014292.005 • • • IV. FINANCING OF IMPROVEMENTS It is proposed that 100% of the project cost be assessed to benefiting properties. A benefiting property is defined as a lot or parcel of record abutting a road or gaining its legal access from the road proposed for improvement. Each lot of record is evaluated for subdivision based on current road frontage and acreage requirements, then is assessed on a per lot unit basis. V. PRELIMINARY ASSESSMENT RATE It is recommended that the Unit Method of assessment be used. A "unit" is defined as a directly benefiting unit. The assessment rate formula can be derived as follows: Total Amount to be Assessed Number of Direct Assessable Units = Preliminary Assessment Rate The resulting preliminary assessment rate for the Lino Lakes portion is as follows: Pine Street from Lake Drive to 4th Avenue /Jodrell Street $199,250 21 = $9,488.10 /Unit Pine Street from Lake Drive to Western Terminus $349,750 38 = $9,203.95/Unit See map in the Appendix for determination of benefited units. VI. STATEMENT OF FEASIBILITY The paving of Pine Street from Lake Drive to 4th Avenue /Jodrell Street and the paving of Pine Street from Lake Drive to the western terminus is feasible and should best be made as proposed. Resident support for the project exists on the east portion of the project from Lake Drive to 4th Avenue /Jodrell Street. 4 0014292.005 VII. PROPOSED LINO LAKES PROJECT SCHEDULE Order Feasibility Study July 13, 2009 Accept Feasibility Study and Call Public Hearing September 28, 2009 • Notice of hearing shall be published twice, at least one week apart, in the official newspaper of the City no less than two weeks prior to the date of hearing, and • A copy of the hearing, including estimated unit prices and the estimated total price, shall be mailed to each benefited property owner at least two weeks prior to the date of the hearing. Public Hearing October 26, 2009 Petitioning Process • Within 60 days after close of public hearing, the following petitions can be filed: (October 26, 2009 to December 25, 2009 = 60 Days) — A petition against improvement by either majority of property owners proposed to be assessed or if initiated by (1 a) at least equal to number petitioning for improvement under (1 a). Council can not make improvement at expense of benefited property owners. Council can not vote on same improvement for one year from public hearing. — If petition for improvement at least equal to (4ai), then Council can order improvement. Authorize Improvement Project December 28, 2009 Approve Plans and Specifications and Order Ad for Bids March 22, 2010 Bid Opening April 21, 2010 Assessment Hearing May 24, 2010 Award Contract May 24, 2010 Start Construction Summer 2010 End Construction Fall 2010 5 0014292.005 • • APPENDIX • • PRELIMINARY COST ESTIMATE September 23, 2009 BITUMINOUS STREET PAVING (7,230 LF @ 24' WIDE) PINE STREET - LAKE DRIVE TO 4TH AVENUE /JODRELL STREET LINO LAKES, MINNESOTA PROJECT NO. 14292.005 ITEM NO. DESCRIPTION UNIT UNIT QUANTITY PRICE AMOUNT 1 SALVAGE AND REINSTALL CULVERTS LF 40.0 $ 55.00 $ 2,200.00 2 REPLACE CULVERTS LF 120.0 $ 65.00 $ 7,800.00 3 SUBGRADE PREPARATION RS 72.3 $ 200.00 $ 14,460.00 4 GRAVEL BASE FOR SHAPING TN 1,150.0 $ 18.00 $ 20,700.00 5 2" BITUMINOUS BASE COURSE TN 2,300.0 $ 60.00 $ 138,000.00 6 TACK COAT GA 1,000.0 $ 2.50 $ 2,500.00 7 1 1/2" BITUMINOUS WEAR COURSE TN 1,750.0 $ 62.00 $ 108,500.00 8 RCWD STORMWATER MANAGEMENT REQUIREMENTS LS 1.0 $ 20,000.00 $ 17,500.00 9 EROSION CONTROL BLANKET CATEGORY 3 SY 500.0 $ 1.50 $ 750.00 10 SEED / RESTORATION SY 750.0 $ 2.00 $ 1,500.00 11 SILT FENCE LF 750.0 $ 2.00 $ 1,500.00 SUBTOTOAL $ 315,410.00 +5% CONTINGENCIES $ 15,590.00 SUBTOTAL WITH CONTINGENCIES $ 331,000.0. +20% ENGINEERING, LEGAL, ADMINISTRATION $ 67,500.00 TOTAL ESTIMATED PROJECT COST $ 398,500.00 • • PRELIMINARY COST ESTIMATE September 23, 2009 BITUMINOUS STREET PAVING (11,630 LF @ 22' to 24' WIDE) PINE STREET - LAKE DRIVE TO WEST END TERMINUS LINO LAKES, MINNESOTA PROJECT NO. 14292.005 ITEM NO. DESCRIPTION UNIT UNIT QUANTITY PRICE AMOUNT 1 SALVAGE AND REINSTALL CULVERTS LF 80.0 $ 55.00 $ 4,400.00 2 REPLACE CULVERTS LF 120.0 $ 65.00 $ 7,800.00 3 SALVAGE GRAVEL CY 850.0 $ 6.00 $ 5,100.00 4 SELECT GRANULAR BORROW (CV) CY 2,550.0 $ 14.00 $ 35,700.00 5 REPLACE SALVAGED GRAVEL CY 850.0 $ 6.00 $ 5,100.00 6 SUBGRADE PREPARATION RS 116.3 $ 200.00 $ 23,260.00 7 GRAVEL BASE FOR SHAPING TN 1,795.0 $ 18.00 $ 32,310.00 8 2" BITUMINOUS BASE COURSE TN 3,720.0 $ 60.00 $ 223,200.00 9 TACK COAT GA 1,600.0 $ 2.50 $ 4,000.00 10 1 1/2" BITUMINOUS WEAR COURSE TN 2,815.0 $ 62.00 $ 174,530.00 11 RCWD STORMWATER MANAGEMENT REQUIREMENTS LS 1.0 $ 35,000.00 $ 35,000.00 12 EROSION CONTROL BLANKET CATEGORY 3 SY 500.0 $ 1.50 $ 750.00 13 SEED / RESTORATION SY 1000.0 $ 2.00 $ 2,000.00 14 SILT FENCE LF 1000.0 $ 2.00 $ 2,000.00 • • SUBTOTOAL $ 555,150.00 +5% CONTINGENCIES $ 28,350.00 SUBTOTAL WITH CONTINGENCIES $ 583,500.00 +20% ENGINEERING, LEGAL, ADMINISTRATION $ 116,000.00 TOTAL ESTIMATED PROJECT COST $ 699,500.00 PINE STREET PAVING IMPROVEMENTS (LAKE DRIVE TO 4TH AVENUE /JODRELL STREET) City of Columbus, Minnesota City of Lino Lakes, Minnesota TKDA PROJECT NO. 14292.005 ESTIMATED STREET COST ESTIMATED STORM SEWER COST TOTAL ESTIMATED PROJECT COST STREET COST PER UNIT STORM SEWER COST PER UNIT TOTAL LINO LAKES COLUMBUS $ 378,500.00 $ 189,250.00 $ $ 20,000.00 $ 10,000.00 $ $ 398,500.00 $ 199,250.00 $ $ 9,011.90 $ 476.19 189,250.00 10,000.00 199,250.00 LINO LAKES ASSESSMENTS No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Property Address 426 PINE STREET 426 PINE STREET 490 PINE STREET 508 PINE STREET 510 PINE STREET 558 PINE STREET 598 PINE STREET 614 PINE STREET 650 PINE STREET 680 PINE STREET PINE OAKS ADDITION PINE OAKS ADDITION PINE OAKS ADDITION PINE OAKS ADDITION 808 PINE STREET 826 PINE STREET 844 PINE STREET 862 PINE STREET 884 PINE STREET 908 PINE STREET 8385 LAKE DRIVE PID No. 05- 31 -22 -22 -0006 05- 31 -22 -22 -0003 05- 31 -22 -22 -0002 05- 31 -22 -21 -0003 05- 31 -22 -21 -0004 05- 31 -22 -21 -0006 05- 31 -22 -21 -0005 05- 31 -22 -12 -0002 05- 31 -22 -12 -0003 05- 31 -22 -12 -0004 04- 31 -22 -12 -0071 04- 31 -22 -12 -0070 04- 31 -22 -12 -0069 04- 31 -22 -12 -0068 04- 31 -22 -12 -0067 04- 31 -22 -12 -0066 04- 31 -22 -21 -0001 $ 9,488.10 • Assessable Street Storm Sewer Front Footage Assessment Assessment Total (feet) Units Per Unit Per Unit Assessment 548 1 $ 9,011.90 $ 476.19 $ 9,488.10 400 1 $ 9,011.90 $ 476.19 $ 9,488.10 327 1 $ 9,011.90 $ 476.19 $ 9,488.10 150 1 $ 9,011.90 $ 476.19 $ 9,488.10 177 1 $ 9,011.90 $ 476.19 $ 9,488.10 486 1 $ 9,011.90 $ 476.19 $ 9,488.10 495 1 $ 9,011.90 $ 476.19 $ 9,488.10 330 1 $ 9,011.90 $ 476.19 $ 9,488.10 489 1 $ 9,011.90 $ 476.19 $ 9,488.10 488 1 $ 9,011.90 $ 476.19 $ 9,488.10 334 1 $ 9,011.90 $ 476.19 $ 9,488. 334 1 $ 9,011.90 $ 476.19 $ 9,488. 335 1 $ 9,011.90 $ 476.19 $ 9,488.10 335 1 $ 9,011.90 $ 476.19 $ 9,488.10 207 1 $ 9,011.90 $ 476.19 $ 9,488.10 210 1 $ 9,011.90 $ 476.19 $ 9,488.10 210 1 $ 9,011.90 $ 476.19 $ 9,488.10 210 1 $ 9,011.90 $ 476.19 $ 9,488.10 237 1 $ 9,011.90 $ 476.19 $ 9,488.10 210 1 $ 9,011.90 $ 476.19 $ 9,488.10 581 1 $ 9,011.90 $ 476.19 $ 9,488.10 TOTAL 7093 21 $ 189,250.00 $ 10,000.00 $ 199,250.00 Preliminary Assessment Roll PINE STREET PAVING IMPROVEMENTS (LAKE DRIVE TO WESTERN TERMINUS) City of Columbus, Minnesota City of Lino Lakes, Minnesota TKDA PROJECT NO. 14292.005 ESTIMATED STREET COST ESTIMATED STORM SEWER COST TOTAL ESTIMATED PROJECT COST STREET COST PER UNIT STORM SEWER COST PER UNIT LINO LAKES ASSESSMENTS No. 1 2 3 4 5 6 7 8 • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 29 30 31 32 33 34 35 36 • Property Address 62 PINE STREET 64 PINE STREET 66 PINE STREET 68 PINE STREET 70 PINE STREET 154 PINE STREET 166 PINE STREET 172 PINE STREET 180 PINE STREET 234 PINE STREET 250 PINE STREET 330 PINE STREET 340 PINE STREET 384 PINE STREET 392 PINE STREET 8383 4TH AVENUE 426 PINE STREET 426 PINE STREET 490 PINE STREET 508 PINE STREET 510 PINE STREET 558 PINE STREET 598 PINE STREET 614 PINE STREET 650 PINE STREET 680 PINE STREET PINE OAKS ADDITION PINE OAKS ADDITION PINE OAKS ADDITION PINE OAKS ADDITION 808 PINE STREET 826 PINE STREET 844 PINE STREET 862 PINE STREET 884 PINE STREET 908 PINE STREET 8385 LAKE DRIVE PID No. 06- 31 -22 -22 -0002 06- 31 -22 -22 -0003 06- 31 -22 -22 -0004 06- 31 -22 -22 -0005 06- 31 -22 -21 -0005 06- 31 -22 -21 -0002 06- 31 -22 -21 -0003 06- 31 -22 -21 -0001 06- 31 -22 -24 -0001 06- 31 -22 -12 -0003 06- 31 -22 -12 -0002 06- 31 -22 -12 -0001 06- 31 -22 -11 -0006 06- 31 -22 -11 -0003 06- 31 -22 -11 -0004 06- 31 -22 -11 -0001 05- 31 -22 -22 -0006 05- 31 -22 -22 -0003 05- 31 -22 -22 -0002 05- 31 -22 -21 -0003 05- 31 -22 -21 -0004 05- 31 -22 -21 -0006 05- 31 -22 -21 -0005 05- 31 -22 -12 -0002 05- 31 -22 -12 -0003 05- 31 -22 -12 -0004 04- 31 -22 -12 -0071 04- 31 -22 -12 -0070 04- 31 -22 -12 -0069 04- 31 -22 -12 -0068 04- 31 -22 -12 -0067 04- 31 -22 -12 -0066 04- 31 -22 -21 -0001 TOTAL LINO LAKES $ 659,500.00 $ 329,750.00 $ 40,000.00 $ 20,000.00 $ 699,500.00 $ 349,750.00 $ 8,677.63 $ 526.32 $ 9,203.95 COLUMBUS $ 329,750.00 $ 20,000.00 $ 349,750.00 September 23, 2009 Assessable Street Storm Sewer Front Footage Assessment Assessment Total (feet) Units Per Unit Per Unit Assessment 60 1 $ 8,677.63 $ 526.32 $ 9,203.95 150 1 $ 8,677.63 $ 526.32 $ 9,203.95 300 1 $ 8,677.63 $ 526.32 $ 9,203.95 150 1 $ 8,677.63 $ 526.32 $ 9,203.95 360 1 $ 8,677.63 $ 526.32 $ 9,203.95 205 1 $ 8,677.63 $ 526.32 $ 9,203.95 205 1 $ 8,677.63 $ 526.32 $ 9,203.95 100 1 $ 8,677.63 $ 526.32 $ 9,203.95 360 1 $ 8,677.63 $ 526.32 $ 9,203.95 250 1 $ 8,677.63 $ 526.32 $ 9,203.95 740 2 $ 17,355.26 $ 1,052.63 $ 18,407.89 391 1 $ 8,677.63 $ 526.32 $ 9,203.95 264 1 $ 8,677.63 $ 526.32 $ 9,203.95 330 1 $ 8,677.63 $ 526.32 $ 9,203.95 165 1 $ 8,677.63 $ 526.32 $ 9,203.95 458 1 $ 8,677.63 $ 526.32 $ 9,203.95 548 1 $ 8,677.63 $ 526.32 $ 9,203.95 400 1 $ 8,677.63 $ 526.32 $ 9,203.95 327 1 $ 8,677.63 $ 526.32 $ 9,203.95 150 1 $ 8,677.63 $ 526.32 $ 9,203.95 177 1 $ 8,677.63 $ 526.32 $ 9,203.95 486 1 $ 8,677.63 $ 526.32 $ 9,203.95 495 1 $ 8,677.63 $ 526.32 $ 9,203.95 330 1 $ 8,677.63 $ 526.32 $ 9,203.95 489 1 $ 8,677.63 $ 526.32 $ 9,203.95 488 1 $ 8,677.63 $ 526.32 $ 9,203.95 334 1 $ 8,677.63 $ 526.32 $ 9,203.95 334 1 $ 8,677.63 $ 526.32 $ 9,203.95 335 1 $ 8,677.63 $ 526.32 $ 9,203.95 335 1 $ 8,677.63 $ 526.32 $ 9,203.95 207 1 $ 8,677.63 $ 526.32 $ 9,203.95 210 1 $ 8,677.63 $ 526.32 $ 9,203.95 210 1 $ 8,677.63 $ 526.32 $ 9,203.95 210 1 $ 8,677.63 $ 526.32 $ 9,203.95 237 1 $ 8,677.63 $ 526.32 $ 9,203.95 210 1 $ 8,677.63 $ 526.32 $ 9,203.95 581 1 $ 8,677.63 $ 526.32 $ 9,203.95 TOTAL 11,581 38 $ 329,750.00 $ 20,000.00 $ 349,750.00 • • External Memorandum. To: Nick Tomczilc Permit RCWD Date: September 1, 2009 cc: Chris Winter Jim Studenski .HOUSt011Engineering Inc. From: Brent Johnson, RE. 4-d-dal Subject: Paving of Rural Section Gravel Road—Pine Street HEI Project No. 5555-070.07 Introduction: The Cities of Lino Lakes and Columbus are cooperating on a road project along their common 'boundary. Pine Street is currently a rural section gravel surface road with right of way ditches adjacentto both shoulders Pine Street is to be paved under this plan from Lake Drive west to the end of the road at Station 116+30(2.2 miles), but the 'rural section' with adjoining right of way ditches will be preserved (ie. this project only paves the road surface and.does riot include the installation of curb and ,gutter or storrn sewer). Water Quality and Volume Control Rice Creek Watershed District-rule RMP-3 includes the City of Lino Lakes RMP-3 rule 3.D.ii indicates that for public linear roadway projects District Rule C-51 applies to the Pine Street Project. In addition, as per Rule C.11.d, 'The criteria of paragraph SO) are waived for a projed that paves rural section gravel roadway if right-of-way ditch is Maintained and does not discharge directly to wetland or another sensitive water body. Rice Creek Watershed District staff and the. District Engineer view "discharge directly° in this rule to mean 'to create a concentrated The We do not expectthe toad Or tight of way dftches within the generally flat lands along Pine Street to create a concentrated -flow. For example, the-Districrs Impervious Disconnection Guidance on page 3 of 5 indicates full credit would be given to a rural road section where the maximum flow length over impervious surfaces it 75 feet or lets, the pervious disconnection length is greaterthan the flow path over impervious and the pervious disconnection areas have a slope less than or equal -to 5%, The Pine Street impervious road surfaces would be considered disconnected-under this guidanc.e. The grade of the road and ditches are generally fiat, runoff frbm the road lbws to vegetated areas and is disconnected, dispersed and not concentrated, therefore, we interpret the Pirie Street Project to be exempt from Rule C.5.f. as per rule C.1 1.d. Rate Control Rule C6 requires rate control -Stonnwaterrunoff rates fQr the_proposed project at the site boundary, in aggregate, must not exceed existing runoff rates for the critical two-year and 100-year frequency events. Any increase in a critical event rate ate specific point of discharge from the site must be limited and cause no adverse downgradient impact- HoUstonEngineering Inc The.apphcant_must submithydrologic Modeling (Rule C3) and/or otherinformation to dereonnl,ate that the proposed peak runoffitatet from the project will not exceed existing. rates and cause no adverse downgradient impact Suice theprojectarea includes some _large. areas of wetland and f oodplainn Storage-(including lands: bordering= Anoka County Ditch 10-22-32) the Rule C1 ilb) Rate Contra E*ceplion may apply Rule C1 1(b) states= Rat contto lcrferiaofsecfan'6 may beWaived fthe site dischargesdi rectytoawat o U 5223 PINE_ST ••■mP_INE!S4—' 64 66 62 13045 70 1351 8 // 13518 13424 13519 W 13449 w Or 0) O JO 13333 a 5551 13656 13608 13522 13358 13709 13565 13463 5915 6214 6262 6336 6414 6428 6548 6636 6770 CITY OF COLUMBUS 6343 13640 13556 13530 13434 W w N 13324,6 0 O 'N 13932 13908 13858 13824 13452 13434 6559 6631 66616711 6643 6741 6755680S 13366 6849 154 166 180 234 250 330 392 II W 8383 It 8343 8323 8299 5 \ 1 8177 w Q S F e 8179 426 8298 8215 8210 8196 8225 8215 8205 8185 614 650 8184 808 826 844 862 884 908 8385 13821 13915 13733 9 13711 13655 13621 6931 13865 7013 70 13461 13405 13345 13307 3447 70 3423— 13411 13305 8380 8340 8195 321 8277 298 8271 2 8255 / 8251 905 8241 Y 13231 y 900 8221 1 8180 8171 8189 925 945 965 985 920 940 960 980 8202 990 c1907102 8194 PINE STREET PAVING IMPROVEMENTS FEASIBILITY STUDY Rural Nature. Urban Access. [[NS KE COLUMBUS N SEPTEMBER 23, 200 TKDA 64 • 62 0 U 66 5223 PINE ST 1'51 J13518 13519 W celli 13449 3424 iJ 'O Q 13333 5437 gar 13522 13452 13434 5915 F w �1 <1 33243' N 13655 13621 6931 13461 13405 7013 70 344 342 70 13411 6559 61671 67416'55 80 6849 13307 r Af4 i1l•i 4 `/ / Jr/ .o. 1111E 1 8271 • 9 L' 8255 8380 8340 985 965 13305 1007 02 8202 8189 8194 8171 1 8121 re/ O' 8113 8109 �� 8174 8120 8117 8113 801 8114 8100 / 101 45 8041 8061! PINE STREET PAVING IMPROVEMENTS FEASIBILITY STUDY • Rural Nature. Urban Access. COLUMBUS e. .__ 01# Legend 100 YEAR FLOODPLAIN WETLANDS N SEPTEMBER 23, 200 TKDA FNRRAFFRC • 4R(`411TI rTC • P1 4AIMIFF 13655 13640 13565 JODRELI STREET. 13556 13463 13530 13461 5915 \6139 13434 f - W W' 13434 133240' 0 13366 13345 6559 5 70 154 166 17; 180 234 ACD 10 -22' 250 340 330 384 392 8323 8299 8383 CITY OF ICOLUMBU CITY OF LI 426 13307 0 808 826 i 844 862 884 908 8385 1 1N1111I111111111it�11� E i1!I ;i .111111111111111111 918 71487 8300 11:11 : 599 �II 8284 620 1t1 8264 630 J 8244 640 01 8224 650 Q 8196 8215 8205 8185 4E204 711 695 8312 \ 663 679 1 8184 8195 8175 tu. Zi 8155 <C 8135 2 8277 8271 1' 8255 8241 8221 8251 231 211 8180 8160 N 4 925 905 13305 8340 945 965 985 920 900 940 960 980 990 8202 007 1004 /10181 735 8093 801 8092 `8J 076 8075 8057 8058 8039 ,i, 8040 8117 8113 8110 L8109 8100 PINE STREET PAVING IMPROVEMENTS FEASIBILITY STUDY • Rural Nature. Urban Access. (_1 T Y;. O IES CITY OF COLUMBUS Legend Hydrologic Soil Group A ale ND rB B/D C/D D N SEPTEMBER 23, 200! TKDA • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: AGENDA ITEM 6B Mary Alice Divine September 28, 2009 Consideration of First Reading Ordinance No. 07 -09 relating to a Tax Imposed Upon Lodging Simple Majority BACKGROUND In 2009, seven cities in the north metro area elected to leave Visit Minneapolis North, a convention and visitors bureau (CVB) that covered much of the northwest and northern metro area since 1998. These cities, which include Coon Rapids, Blaine, Anoka, Shoreview, Fridley, Ham Lake and Mounds View, agreed that Visit Minneapolis North marketing efforts were geared more to cities west of the Mississippi River, and that they were not getting the full benefit of the tax for marketing lodging and amenities within their cities. They have agreed to opt out of the established CVB effective December 31, 2009 and establish a new CVB called Minnesota Metro North Tourism. The funding for CVBs comes from a 3% lodging tax that is collected from lodging properties in the participating communities. Under Minnesota Statutes 469.190, 95% of the funds collected via this tax are passed on to the CVB for the purpose of marketing and promoting the city or town as a tourist or convention center, and the remaining 5% is retained by the city to cover administrative expenses. In January of 2009 the city council passed a resolution that supported the participation of the hotels in Lino Lakes in a newly created convention and visitors bureau, and directed staff to introduce an ordinance for consideration to impose a lodging tax as such time as was appropriate. Over the past several months, the opt -out cities have been meeting to discuss the most appropriate way to establish a new CVB that could effectively promote the newly organized region. They would like to establish the board of directors and be organized by the first of the year. They have asked Lino Lakes and New Brighton, two cities not previously involved in a convention and visitors bureau, if they would like to participate. The hotels in Lino Lakes have also requested that the city participate. To do so, the city must first initiate a lodging tax by ordinance. The ordinance outlines the requirements for the collection of the tax and the process for administration of the tax. If approved the lodging tax would become effective on January 1, 2010. Also as a part of the approvals process, the city council will be considering: 1. By -laws which outline the representation and responsibilities of the board of directors. Participation on the board will be based on the percentage of lodging fee contributions by each member city. Based on the percentage of taxes collected, Lino Lakes will have one member on the board of directors. The following shows the estimated contributions by city: Community Contributions Budgeted Contribution Percentage Contribution Blaine $60,000 9% Coon Rapids $205,000 31% Ham Lake $15,000 2% Lino Lakes $40,000 6% Shoreview $200,000 30% Anoka $15,000 2% Fridley $38,000 6% Mounds View $45,000 7% New Brighton $30,000 4% $648,000 2. The city council should consider who it would like to appoint to represent the city on the board of directors. 3. Articles of incorporation, outlining the nonprofit status of Minnesota Metro North Tourism with the management vested in a board of directors. 4. Joint powers agreement, in which the city enters into an agreement with the new CVB, establishes the services to be rendered by the CVB, the mechanisms for remitting the tax and commits the CVB to joint promotion of all participating cities. Staff will bring these documents for council consideration following the second reading of the lodging tax ordinance in October. RECOMMENDATION Staff is recommending approval of the first reading of Ordinance No. 07 -09 authorizing the imposition of a lodging tax in Lino Lakes to be effective January 1, 2010, ATTACHMENTS 2 1. Ordinance No. 07 -09 2. Letter of Support from Hampton Inn & Suites 3. Letter of Support from Country Inn & Suites (to follow) —49— • • • • 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07-09 AN ORDINANCE CREATING CHAPTER 607 OF THE CITY CODE RELATING TO TAX IMPOSED UPON LODGING • The City Council of the City of Lino Lakes does hereby ordain as follows: • Section 607.1. PURPOSE. The Legislature has authorized the imposition of a tax upon lodging at the hotel, motel, rooming house, tourist court or other use of space by a transient and The imposition of such a tax would provide funding for a convention and tourism bureau to promote the City as a tourist and convention center. Section 607.2. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meaning as stated: 1. The term "Director" means the Finance Director of the City. 2. The term "City" means the City of Lino Lakes. 3. The term "lodging" means the furnishing for a consideration of lodging by a hotel, motel, rooming house, tourist court, resort, bed and breakfast, private campground except where lodging shall be for a continuous period of thirty (30) days or more to the same lodger(s). The furnishing of rooms owned by religious, educational or nonprofit organizations for self - sponsored activities shall not constitute "lodging" for purposes of this article. —50— 4. The term "Operator" means the person who provides lodging to others or any officer, agent or employee of such person_ 5. The term "Person" means any individual, firm, corporation, partnership, association, estate, trustee, executor, administrator, assignee, syndicate, lessee, or receiver or any other combination of individuals. Whenever the term "person" is used in any provision of this chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership shall mean the officers, or partners thereof as the case may be. 6. The term "rent" means the Gross Receipts from the furnishing of lodging. 7. The term "Lodger" means the person obtaining lodging from an operator. 8. The term "Lodging Tax" means a tax imposed by the City of three percent (3 %) of the gross receipts from the furnishing for consideration of lodging. Section 6073 IMPOSITION OF LODGING TAX. Pursuant to M.S.A. § 469.190, there is hereby imposed a three percent (3 %) lodging tax on the gross receipts from the furnishing for consideration of lodging within the City of Lino Lakes on or after January 1, 2010. The lodging tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the City and shall be extinguished only by payment to the City. In no case shall the lodging tax imposed by this section upon an operator exceed the amount of lodging tax that the operator is authorized and required by this chapter to collect from the lodger. Section 607.4 COLLECTIONS. Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be deemed to be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. Section 607.5. ADVERTISING NO LODGING TAX. It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the lodging tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than one cent shall be considered an additional cent. Section 607.6 PAYMENT AND RETURNS. The taxes imposed by this chapter shall be paid by the operator to the city monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon such forms and containing such information as the director may require. At the minimum, the return shall contain the following information: A. The total amount of rent collected for lodging during the period -51- • • • • • • covered by the return; B. The amount of lodging tax required to be collected and due for the period; C. The signature of the person filing the return or that of his/her agent duly authorized in writing; D. The period covered by the return; F. The amount of uncollectible rental charges subject to the lodging tax. The operator may offset against the lodging taxes payable with respect to any reporting period, the amount of taxes imposed by this chapter previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Section 607.7 EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS. The director may rely upon the Minnesota sales tax return filed by the operator with the State of Minnesota in determining the accuracy of a return filed under this ordinance However, the director shall be authorized to make any investigation or examination of the records and accounts of the person making the return if the director reasonably determines that such steps are necessary for determining the correctness of the return. The lodging tax computed on the basis of such examination shall be the lodging tax due. If the lodging tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the lodging tax paid is greater than the lodging tax found to be due, the excess shall be refunded to the person who paid the lodging tax to the city within ten (10) days after determination of such refund. Section 607.8 REFUNDS Any person may apply to the director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The director shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the director shall credit the amount of the allowance against any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the director to the claimant. Section 607.9. FAILURE TO FILE RETURN. Subd. 1 The director shall notify any operator of a facility who fails to file a return or who files an incorrect, false or fraudulent return of such fact. Such operator shall file such return or corrected return within five (5) days of the receipt of such written notice and pay any lodging tax due thereon. If such persons shall fail to file such return or corrected return, the director shall make a return or corrected return for such person from such knowledge and information as the director can obtain, and assess the lodging tax due on the basis thereof, which said lodging tax shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. Subd. 2 If any portion of a tax imposed by this chapter, including penalties thereon, is not paid within 30 days after is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Subd. 3 Upon a showing of good cause, the director may grant an operator one 30 (30) day extension of time within which to file a return and make payment of taxes as required by this chapter provided that interest during such period of extension shall be added to the taxes due at the rate of 10 percent per annum. Section 607.10 PENALTIES. Subd. 1. Calculated Penalty. The following penalties shall apply in the given situations: A. Failure to file a return or pay lodging tax to the City within thirty (30) days of the due date: a penalty of ten percent (10 %) of the unpaid lodging tax. B. Failure to file a return or pay lodging tax imposed by the City by more than thirty (30) days but less than sixty (60) days of the due date: a penalty of fifteen percent (15 %) of the unpaid lodging tax. C. Failure to file a return or pay lodging tax imposed by the City by more than sixty (60) days but less than ninety (90) days of the due date: a penalty of twenty percent (20 %) of the unpaid lodging tax. D. Failure to file a return or pay lodging tax imposed by the City by more than ninety (90) days of the due date: a penalty of twenty -five percent (25 %) of the unpaid lodging tax. Subd. 2. Minimum Penalty. If the penalty as computed does not exceed Ten Dollars ($10.00), a minimum penalty of Ten Dollars ($10.00) shall be assessed. The penalty shall be collected in the same manner as the lodging tax. Subd. 3. Interest. The amount of lodging tax not timely paid, together with any penalty, shall bear interest at the rate of eight percent (8 %) per annum from the time such • • • • • • lodging tax should have been paid until paid. Any interest and penalty shall be added to the lodging tax and be collected as part thereof. Section 607.11 APPLICATION OF PAYMENTS. All payments shall be credited first to penalties, next to interest and then to the lodging tax due. Section 607.12 ENFORCEMENT. If any portion of the lodging tax imposed by the city, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City Attorney may institute legal action as may be necessary to recover the amount due plus interest penalties, the costs and disbursement of any action. Section 607.13 ADMINISTRATION OF LODGING TAX. The director is authorized to confer with the Minnesota commissioner of revenue to the end that an agreement between the City and the commissioner of revenue may be entered into for the purpose of providing for the administration and collection of the taxes imposed by this chapter. Such an agreement shall not become effective until presented to the council for its approval and when so approved the tax imposed by this chapter shall be collected and administered pursuant to the terms of said agreement. Section 607.14 EXAMINATION OF RECORDS. The director and those persons acting on behalf of the director authorized in writing by the director may examine the books, papers, and records of any operator of a facility subject to the lodging tax imposed by the city in order to verify the accuracy of any return made, or if no return was made, to ascertain the lodging tax imposed by the city through this ordinance Every such operator is directed and required to give the director the means, facilities and opportunity for such examination and investigations as are hereby authorized. Section 607.15 VIOLATIONS. Any person who shall willfully fail to make a return required by this chapter, or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this chapter after written demand for such payment or who shall refuse to permit the director or any duly authorized agents or employees to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. Section 607.16 APPEAL Subd. 1 Any operator aggrieved by any notice, order or determination made by the director under this ordinance may file with the director a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and location of the lodging subject to the order, notice or determination. Subd. 2 The petition for review shall be filed with the city clerk within ten (10) days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review. Subd. 3 Upon receipt of the petition, the City Administrator, or his designee, shall set a date for a hearing and shall give the petitioner at least five (5) days prior written notice of the date, time and place of such hearing. Subd. 4 At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The hearing shall be conducted by the City Administrator or his designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which the review is sought. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director. Subd. 5. Any decision rendered by the City Administrator pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten (10) days after the decision has been mailed to the petitioner. The matter will thereup9on be placed on the council agenda as soon as is practical. The City Council shall make written findings of fact and conclusions based upon this ordinance and the evidence presented. The City Council may modify, reverse or affirm the notice, or order or determination that is subject to the review. All requests for review must be made within one (1) year of the date of notice, order or determination. Section 607.17. USE OF PROCEEDS. The Ninety -five (95) percent of the gross proceeds obtained from the collection of lodging taxes shall be used by the City in accordance with Minnesota Statutes 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. Section 607.18 EFFECTIVE DATE. The lodging tax imposed by this ordinance shall apply to all lodging furnished on or after January 1, 2010. 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. • 09/15/2009 21:39 FAX 7634133202 11.11 Lir?* makes Hai' etrxt Ir." St 5u1 3 BORI S -UREKE 579 .e.p — Lakes, MP-1 557:14 1001 tee: 763.746.7999 fart: 793.746.9409 9115109 To: Lino Lakes City Council Members From: Lino Lakes Hampton Inn & Suites As of January 1, 2010 there is plan for a new Convention and Visitors Bureau to be formed is the local area which would include the City of Lino Lakes. We at the Hampton mterested C I in becoming a member of this new CVB and need to have the approval by the Lino Lakes in order to proceed. As of January 1, 2010 we will start mliecting a lodging tax from all guests that visit our property and the tax will be subm itted to thl o�in the aty. Being a will part of administer will tax from our property as well as other blocks �� from positively affect our hotel, as we will now be able to acquire sporting event group Y the National Sports Center, which up until this point we have not d been able to the tote fact City we are not a part of the current CVB. I am asking for the support approval Council to pass the ordinance in order for us to proceed with the new CVB. Thank you for your time and consideration. Sincerely, Barbara White Hampton Inn & Suites for res e€vation please v.si us a: WWW.haeripttrIlettl.00111 or call 1.800.harreptan —57— • • • • AGENDA ITEM 6 C i STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: September 28, 2009 TOPIC: Consideration of Resolution No. 09 -76 Main Street Village Extension of Time VOTE REQUIRED: 3/5 BACKGROUND On February 11, 2008, the City Council approved the Main Street Village project. This included the approval of three resolutions: - Resolution No. 08 -17 for a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution 08 -18 for a Conditional Use Permit for a Motor Fuel Station; and - Resolution 08 -19 for a Conditional Use Permit for Commercial Car Wash. A planned unit development (PUD) development stage plan must be followed by the PUD final plan application within twelve months. Similarly, a final plat must be submitted within one year of the preliminary plat approval. For a conditional use permit (CUP), construction must begin within one year of approval. Ordinances allow extending these approvals. They were extended once on November 24, 2008 with Resolution No. 08- 140. The PUD final plan/final plat submittal was extended to August 11, 2009. The CUPs for the motor fuel station and the car wash were extended to allow construction to begin by December 31. The applicant will not be able to meet these deadlines due to the widespread slowdown in development in the region. This project would provide some new commercial tax base near the I -35E interchange. The recommendation is to extend the deadlines Since the final plat must be approved prior to construction of the infrastructure needed by any uses on the site, construction of the gas station and car wash can begin later than the final plat submittal. OPTIONS 1. Approve Resolution No. 09 -76 granting extensions for submitting the PUD -final plan /final plat and for construction to begin on the motor fuel station and carwash. 2. Deny Resolution No. 09 -76. 3. Return to staff with direction. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-76 RESOLUTION APPROVING AN EXTENSION OF TIME ON 1HE PLANNED UNIT DEVELOPMENT — DEVELOPMENT STAGE PLAN, FINAL PLAT, AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: - Resolution No. 08 -17, a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution No. 08 -18, a Conditional Use Permit for a Motor Fuel Station; and - Resolution No. 08 -19, a Conditional Use Permit for Commercial Car Wash. and WHERAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan; and WHERAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08 -18 and 08 -19 cannot receive building permits until the final plat has been approved; WHEREAS, the City Council approved an extension of project deadlines on November 24, 2008 with Resolution No. 08- 140; and WHEREAS, Ordinance No. 05 -09 amended the Zoning Ordinance to allow an extension of a Planned Unit Development after the deadline date passes, for six months at a time; and WHEREAS, a request has been submitted to the City for additional extension; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: 1. A PUD -final plan/final plat application for the CUP/PUD approved with Resolution No. 08 -17 must be submitted by April 1, 2010. —59— • • • 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin within six months of final plat approval. BE IT FURTHER RESOLVED, that all of the conditions of approval included in Resolution Nos. 08 -17, 08 -18, and 08 -19 continue to apply. • • John J. Bergeson, Mayor A'11EST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 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.. —60— Resolution No. 09 -76, page 2 • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: September 28, 2009 TOPIC: Consideration of Resolution No. 09 -77 Extension of Time for The Preserve VOTE REQUIRED: Simple Majority BACKGROUND In 2006 the City Council approved The Preserve, a residential subdivision. This approval included: - Ordinance 08 -06: Rezone to Planned Unit Development (PUD) - Resolution 06 -137: Development Stage Plan/Preliminary Plat A PUD development stage plan must be followed by the final plan application within twelve months. Likewise, a final plat must be submitted within one year of the preliminary plat approval. The project did not meet these deadlines due to the widespread slowdown in development in the region. We extended the deadline once with Resolution 08 -109. The recommendation is to extend the PUD final plan/final plat submittal deadline once again. The preservation of open space on this site will be an important step in the implementation of the City's larger greenway vision. The Preserve site includes a high value natural resource area that includes a major drainage through the southern part of Lino Lakes. Permanent open space is to be created behind most lots that extends for hundreds of feet. These areas are to be placed in a permanent conservation easement. The approval included a restoration and management plan for wetlands and other open space. A public trail also would be created. OPTIONS 1. Approve Resolution No. 09 -77 granting an extension for submitting the PUD -final plan /final plat. 2. Deny Resolution No. 09 -77. 3. Return to staff with direction. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-77 APPROVING AN EXTENSION OF TIME ON 'i'liE PLANNED UNIT DEVELOPMENT DEVELOPMENT STAGE PLAN AND FINAL PLAT FOR THE PRESERVE WHEREAS, on September 11 and August 28, 2006 the City Council granted approvals for the The Preserve project with the following actions: - Ordinance 08 -06: Rezone to Planned Unit Development (PUD) - Resolution 06 -137: Development Stage Plan/Preliminary Plat and WHERAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, Ordinance No. 05 -09 amended the Zoning Ordinance to allow an extension of a Planned Unit Development after the deadline date passes, for six months at a time; and WHEREAS, the City granted one extension with Resolution 08 -109; and WHEREAS, a request has been submitted to the City for additional extension; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves an extension for submittal of the PUD -final plan/final plat application for the Planned Unit Development approved with Resolution No. 06 -137. BE IT FURTHER RESOLVED, that the following conditions apply: 1. The PUD -final plan/final plat application must be submitted by April 1, 2010. 2. All of the conditions of approval included in Resolution No. 06 -137 continue to apply. John J. Bergeson, Mayor A'IThST: Julie Bartell, City Clerk • • • • • Adopted by the Lino Lakes City Council this 28th day of September, 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. —63— Resolution No. 09 -77, page 2 • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 6 C iii Jeff Smyser September 28, 2009 Consideration of Resolution No. 09 -78 Extension of Time for Moon Marsh Simple Majority In 2007 the City Council approved the Moon Marsh project with Resolution No. 07 -142. This approved a Conditional Use Permit for a Planned Unit Development and PUD Development Stage Plan/Preliminary Plat. A PUD development stage plan must be followed by the final plan application within twelve months. Likewise, a final plat must be submitted within one year of the preliminary plat approval. Construction must begin within one year of approval of a conditional use permit. The project did not meet these deadlines due to the widespread slowdown in development in the region. The recommendation is to extend the PUD final plan/final plat to April 1, 2010. The preservation of open space on this site will be a step in the implementation of the City's larger greenway vision. The Moon Marsh site includes a high value natural resource area. Permanent open space is to be created within the site that will be placed in a permanent conservation easement. OPTIONS 1. Approve Resolution No. 09 -78 granting an extension for submitting the PUD -final plan /final plat. 2. Deny Resolution No. 09 -78. 3. Return to staff with direction. RECOMMENDATION Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-78 APPROVING AN EXTENSION OF TIME ON THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT DEVELOPMENT STAGE PLAN AND A FINAL PLAT FOR MOON MARSH WHEREAS, on September 10, 2007 the City Council granted approvals for the Moon Marsh project with Resolution 07 -142 approving a Conditional Use Permit for a Planned Unit Development and PUD Development Plan/Preliminary Plat; and WHEREAS, Section 2, Subd. 10.F.8.g. of Ordinance No. 08 -03, the City Code 's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD- development stage plan; and WHEREAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat; and WHEREAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHEREAS, the City granted one extension with Resolution 08 -106; and WHEREAS, Ordinance No. 05 -09 amended the Zoning Ordinance to allow an extension of a Planned Unit Development after the deadline date passes, for six months at a time; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: 1. Submittal of the PUD -final plan/final plat application for the Planned Unit Development approved with Resolution No. 07 -142. 2. Beginning of construction under the Conditional Use Permit requirement. BE IT FURTHER RESOLVED that these extensions are subject to the following conditions: 1. The escrow account must be paid in full prior to any additional City review, action, or activity that would incur additional charges against the escrow. 2. The PUD final plan/final plat must be submitted by April 1, 2010. 3. Construction must begin within six months of final plat approval. • • • • 4. All of the conditions of approval included in Resolution No. 07 -142 continue to apply. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 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. • Resolution No. 09 -77, page 2 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6E Michael Grochala September 28, 2009 Resolution No. 09 -74, Approving Change Order No.18, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. During the course of final inspections erosion failures were identified adjacent to County Ditch 10 -22 -32 at the southern end of the project. Following review with the Rice Creek Watershed District, Mn /DOT and project engineers a repair plan was designed to remedy the situation. Change Order No. 18 directs the contractor to furnish all equipment, materials and labor necessary to repair the identified areas at an estimated cost of $4,500. RECOMMENDATION: Staff is recommending approval of Resolution No. 09 -74. ATTACHMENTS 1. Resolution No. 09 -74 2. Change Order No. 18 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -74 RESOLUTION APPROVING CHANGE ORDER NO. 18 LAKE DRIVE/135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive/1 -35W Improvement Project to Lunda Construction Company, and WHEREAS, final erosion control inspections found erosion failures adjacent to County Ditch 10 -22 -32 along the south end of the project; and WHEREAS, the project engineer has determined that repairs are necessary to correct the erosion problem, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.18, is hereby approved in the amount of $4,500.00 John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of September, 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. • Mn/DOT TP- 2460 - 0112 -92) SHEET 1 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 18 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. At approximately on the west side of C.S.A.H. 23 at station 22+00 (Rice Creek Box Culvert) the adjacent shoulder is showing erosion failure (20 ft X 4 ft) as well as the south Rip Rap ditch draining to the creek is showing a depression due to erosion undermining the Rip Rap. After review the Project Engineer has determined due to the sensitivity of the Marshan lake /wetlands this area of repair shall be immediately repaired. The C.S.A.H. 23 shoulder repair approximately (20 ft X 4 ft) shall be excavated approximately 14 inches and than backfilled with a blended combination of crushed aggregate (1.5" minus) and compost material (two 6" lifts compacted). Followed with shingled sod placed to a finish grade that is below the inplace bituminous shoulder grade. The south Rip Rap ditch channel draining to Rice Creek as shown in the attached plan shall have pea rock cast over the area to fill only the voids and not cover existing rip rap (approximately 2 cyds). After placement of pea rock both the north and south rip rap channels draining to Rice Creek shall have an annual rye grass (10 lbs) cast through the area. This Change Order directs the Contractor to furnish all equipment, materials and labor necessary to repair the above described areas of erosion. All work will be performed in accordance with the pertinent portions of the Special Provisions, Mn/DOT Standard Specifications, Mn/DOT Standard Plates and as directed by the Engineer. Payment to the Contractor for this work will be at the Mn/DOT 1904 Force Account, as shown below in the Estimate of Cost: Force Account Description Erosion Repair Areas • ESTIMATE OF COST Amount $4,500.00 Mn/DOT TP -2460 -0112 -92) SHEET 2 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 18 State Project No.: 0280 -55 Contract No. Z07502 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the teens of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. • Distribution: S.P. 0280 -55 Group 01 — 100% CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased () by Calendar Days Is decreased ( ) by Calendar Days b. Is not changed (X ) Issued By. Project/Resident/Fiunty Engineer Date Approved By City of Lino Lakes Approved By: c. May be revised if the work affected Anoka County the controlling operation ( ) Date Date Accepted By 7\7%),‘ L. Contractor's Authorized Representative Date Original to Project Engineer, copies to Contractor, City of Lino Lakes, Anoka County This Change Order is for known and anticipated costs only. Should this change impact a controlling item, schedule or work sequence, creating a delay or an acceleration of the work, or cause us to incur additional or indirect costs which are now unknown and not anticipated, we reserve the right to an additional ad ustrnent in the contract pace and/or contract time. a L Pt CC,&S r_ �-• 6111-4 Ont‘ -/Orr