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Home My WebLink About02/25/2008 Council PacketSUMMARY MINUTES Monday, February 25, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A. Discuss reinstatement of open mike as part of our regular Council meeting B. Review of Regular Meeting Agenda ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Stoltz, Gallup, Reinert and O'Donnell ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved. State of the City Address by Mayor John Bergeson A. Consideration of Expenditures: i) February 25, 2008 (Check No. 82301 through 82396) in the amount of $852,758,51; ii) Centennial Fire District (Check No. 3116 through 3132) in the amount of $30,948.99 Pg 4 -15 B. Consider approval of February 4, 2008 Council Work Pg 16 -20 Session Minutes Council Agenda -2- 2/25/2008 SUMMARY MINUTES C. Consider approval of February 11, 2008 Liquor Compliance Pg 21 -23 Hearing Minutes D. Consider approval of February 11, 2008 City Council Pg 24 -28 Meeting Minutes E. Lake Drive /35W Improvement Project Pg 29 -36 i. Consideration of Resolution No. 08 -24, Approving Change Order No. 9, Michael Grochala ii. Consideration of Resolution No. 08 -25, Approving Change Order No. 10, Michael Grochala iii. Consideration of Resolution No. 08 -26, Approving Change Order No. 11, Michael Grochala F. Consideration of Resolution No. 08 -27, Approving Change Pg 37 -40 Order No. 4, Legacy at Woods Edge — Phase 2 Street Lighting Improvements, Michael Grochala Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve the Consent Agenda, Items 1A through 1F, was adopted. None None A. Police Department Administrative Staffing Reorganization Action Taken: Motion by O'Donnell, seconded by Gallup, to approve the job description, pay range, starting salary and staffing changes as presented, was adopted. None Council Agenda -3- SUMMARY MINUTES ftt A. Consider 2nd Reading of Ordinance No. 02 -08, Rezoning Pg 41 -44 Certain Real Property from PUD (Planned Unit Development) to R -1X (Single Family Executive), Vaughn's 1St Addition, Paul Bengtson Reading and roll call required Action Taken: Motion by Reinert, seconded by Gallup, to approve 2nd reading and passage of Ordinance No. 02 -08 as presented, was adopted: Yeas, 5; Nays none 2/25/2008 B. Consider 1st Reading of Ordinance No. 03 -08, Repealing Pg 45 -66 Sections 502, 503, 506 and 507 of the City Code and Adopting a New Chapter 503 Entitled Animal Control Regulations, Michael Grochala Reading and roll call required Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve 1st reading of Ordinance No. 03 -08 as presented, was adopted: Yeas, 5; Nays none None A. Consider approval of January 28, 2008 Council Work Session Pg 67 Minutes Council Member Stoltz absent B. Consider approval of January 28, 2008 City Council Meeting Pg 68 -73 Minutes Council Member Stoltz absent Action Taken: Motion by O'Donnell, seconded by Reinert, to approve the work session and council meeting minutes of January 28, 2008, was adopted Community Calendar- A Look Ahead February 26, 2008 through March 10, 2008 Tuesday, February 26 6:00 pm, Council Workroom 4 Wednesday, February 27 5:00 pm, Council Workroom 4- 4- 4- Wednesday, February 27 Wednesday, February 27 Thursday, February 29 Monday, March 3 Monday, March 3 Thursday, March 6 Monday, March 10 6:00 pm, Council Workroom 6:30 pm, Council Chambers 6:30 pm, Police Workroom 5:30 pm, Community Room cancelled 7:00 am, Community Room 6:30 pm, Council Chambers Advisory Bd Interviews Spec Wk Session on Charter Amendments Advisory Bd Interviews Environmental Board Spec. Charter Comm Mtg Council Work Session Park Board EDAC Council Meeting • Monday, February 25, 2008 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A. Discuss reinstatement of open mike as part of our regular Council meeting B. Review of Regular Meeting Agenda > Open Mike / Public Comment > Call to Order and Roll Call > Setting the Agenda: Addition or deletion of agenda items State of the City Address by Mayor John Bergeson A. Consideration of Expenditures: i) February 25, 2008 (Check No. 82301 through 82396) in the amount of $852,758,51; ii) Centennial Fire District (Check No. 3116 through 3132) in the amount of $30,948.99 Pg 4 -15 B. Consider approval of February 4, 2008 Council Work Pg 16 -20 Session Minutes C. Consider approval of February 11, 2008 Liquor Compliance Pg 21 -23 Hearing Minutes D. Consider approval of February 11, 2008 City Council Pg 24 -28 Meeting Minutes Council Agenda -2- 2/25/2008 E. Lake Drive /35W Improvement Project i. Consideration of Resolution No. 08 -24, Approving Change Order No. 9, Michael Grochala ii. Consideration of Resolution No. 08 -25, Approving Change Order No. 10, Michael Grochala iii. Consideration of Resolution No. 08 -26, Approving Change Order No. 11, Michael Grochala Pg 29 -36 F. Consideration of Resolution No. 08 -27, Approving Change Pg 37 -40 Order No. 4, Legacy at Woods Edge — Phase 2 Street Lighting Improvements, Michael Grochala None None A. Police Department Administrative Staffing Reorganization To follow None A. Consider 2nd Reading of Ordinance No. 02 -08, Rezoning Pg 41 -44 Certain Real Property from PUD (Planned Unit Development) to R -1X (Single Family Executive), Vaughn's 1St Addition, Paul Bengtson Reading and roll call required B. Consider 1St Reading of Ordinance No. 03 -08, Repealing Pg 45 -66 Sections 502, 503, 506 and 507 of the City Code and Adopting a New Chapter 503 Entitled Animal Control Regulations, Michael Grochala Reading and roll call required None A. Consider approval of January 28, 2008 Council Work Session Pg 67 Minutes Council Member Stoltz absent • • • • • • Council Agenda -3- 2/25/2008 B. Consider approval of January 28, 2008 City Council Meeting Pg 68 -73 Minutes Council Member Stoltz absent ��#-'f- f- f- Community Calendar - A Look Ahead February 26, 2008 through March 10, 2008 Tuesday, February 26 Wednesday, February 27 Wednesday, February 27 Thursday, February 29 Monday, March 3 Monday, March 3 Thursday, March 6 Monday, March 10 6:00 pm, Council Workroom 6:00 pm, Council Workroom 6:30 pm, Council Chambers 6:30 pm, Police Work Rm 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers Advisory Bd Interviews Advisory Bd Interviews Environmental Board Spec. Charter Comm Mtg Council Work Session Park Board EDAC Council Meeting (As presented by Mayor Bergeson — City Council Meeting of February 25, 2008) State of the City 2008 Each year I have the privilege as mayor to give the residents of Lino Lakes a taste of what was accomplished over the past year. This year, my fellow council members join me in thanking the citizens of Lino Lakes who made 2007 so productive by playing a major role in defining how the city will grow over the next 25 years. This major citizen -driven planning process actually began in 2006. A Quality of Life Survey was followed by a group of residents developing the city's 2030 Vision Plan. This plan is the blueprint for positive change. It defines what the community wants Lino Lakes to be in 25 years, and outlines what must occur to attain this vision. In March of 2007, a Comprehensive Plan Advisory Panel, comprised of a group of about 30 residents, kicked off the 2 -year process for updating the city's Comprehensive Plan. Using the 2030 Vision Plan as its foundation, they are about mid -way into developing this important document to guide our growth. This document determines future development patterns, locations for all types of development, and the staging for when it can occur. Ultimately the Comp Plan Advisory Panel will submit a final draft to the city council for consideration before it is sent on to the Metropolitan Council in late 2008 for final approval. The city council and I have tremendous confidence in our citizens, and expect that this plan will achieve a thorough and balanced set of goals and strategies to implement the city's vision. As part of the Comprehensive Plan, the city is partnering with Rice Creek Watershed District to prepare a resource management plan that covers the entire city. This was a unique opportunity that allows us to identify all the priority uplands and wetlands. Lino Lakes is the first Minnesota city to incorporate a city -wide resource management plan into its Comprehensive Plan. Once again, this puts Lino Lakes on the cutting edge of conservation -based upland and wetland resource management. The city won a 2007 Minnesota Environmental Initiatives Award for its proactive, citizen -driven environmental review process of the I -35E Corridor. We believe the city will continue to be recognized for its progressive ideas in sustainable infrastructure and development. City government provides many services that impact you most personally, and often, are taken the most for granted. Getting the roads plowed after a snowstorm, having someone respond quickly to an emergency, having places to play ball with your kids. It's our job as mayor and council to ensure the best possible services are provided, while keeping the city portion of our property taxes as low as possible. {PAGE } Part of doing that is keeping the city's Five -Year Financial Plan updated. In looking back over the past 5 years, the city's tax rate has been steadily decreasing, due to a combination of continued growth and good fiscal stewardship. Even with a decrease in growth of the city's tax base in 2007, the city's share of 2008 property taxes remained under 35% of your property tax dollar, down from 40% in 2002. I am pleased to report that Lino Lakes' tax rate now ranks in the bottom half of Anoka County cities. Looking ahead five years, however, we could see a somewhat different picture. The city's tax base grew by 13% in 2006, but by only 4.8% in 2007. The slowdown in the real estate market and new construction impacts cities as well as private businesses and families. We anticipate the growth rate will be between 2 and 7% over the next five years. This slower growth means the city council must remain especially prudent in its fiscal management. Progress is measured by small steps, as well as big steps. Here is a brief overview of just some of the big and small steps we have made over the past year: Roads and Transportation took top billing in 2007. The City of Lino Lakes, by working in partnership with other public agencies, secured funding for the reconstruction of the bridge at 35W and Lake Drive, and reconstruction and signalization of the interchange area on Lake Drive. The result will be a major traffic and safety improvement and will be complete this summer. Reconstruction of County Road 14 between 35E and 35W continues, and federal funding for the interchange at 35E and County Road 14 has been secured for reconstruction in 2009. Reconstruction of local roads, however, is solely a local responsibility. The Lino Lakes City Charter —which requires voter approval for reconstruction of a local road when benefiting property owners are assessed for any part of it —has resulted in three failed referendums. Older roads continue to be patched and repaired where possible, but a proactive reconstruction program is the most fiscally responsible approach. In 2007, the city council charged a citizen task force to research this issue and report back to the council. The group proposed an amendment to the charter that allows the city to reconstruct streets without a referendum, while still protecting property owners' rights. The recommendations were forwarded to the City Charter Commission, a group of residents who serve as custodians of the city charter. The Charter Commission has reviewed this proposed amendment and has made its own recommendations to the council. The council will have to decide what the best approach is. We are confident that this oversight and concern by both the task force and the charter commission will result in a resolution to this ongoing dilemma. The Lino Lakes Police Department received a national award for outstanding participation in the 2007 National Night Out. A sampling of new programs started by the department in 2007, include: {PAGE } • Friends & Fitness, which is aimed at middle school girls. Working with the Centennial High School track team, officers bring groups together in an encouraging atmosphere to talk about the pressures and challenges of growing up. • The Senior Safety Fair is a joint effort with the YMCA. Eighty -eight seniors participated at the first one in 2007. • Free seminars were started, to educate the public on topics such as Identity Theft, Self Defense for Women, and Adult Drug Awareness. The programs were so successful that it will be continued throughout 2008. Again, the citizens of Lino Lakes really showed their dedication to this community. They logged a total of 5,500 hours in 2007 in various public safety programs, and 44 neighborhoods held National Night Out celebrations. The Community Development Department is responsible for planning and economic development, environment, and building permitting and inspections. A major accomplishment was the completion of the streets, utilities and community green for the city's downtown project. Last summer the city council dedicated a memorial to Officer Shawn Silvera in the community green. In 2007, we finally got to say "the Chain of Lakes YMCA is now open." It is a pleasure to see it so busy and filled with Lino Lakes families. On behalf of the city council, I again want to thank the many local businesses and individuals who donated so generously to make the YMCA a reality. New development included the Hampton Inn and SMW Credit Union in the Town Center area. Also newly completed in the downtown is the city's first workforce family rental housing, as well as commercial space for lease. Despite the downturn in new construction, senior housing should be under construction this year. A Master Plan for the development and redevelopment of the Hodgson Road and County Road J area was complete last year. This master plan will help the area develop in a logical manner, and identifies appropriate land uses, shows future road improvements, and how utilities can be extended. The Parks Division of the Lino Lakes Parks and Recreation Department is always maintaining and enhancing our public spaces. 2007 saw major renovations in Lino Park, renovations at Shenandoah Park and Holly Drive, and a long list of tree and boulevard planting, buckthorn removal and baseball field renovations. A program started several years ago to install wood duck houses successfully hatched about 140 ducklings last year. The Recreation Division processed more than 3,900 registrations for the city's recreation programming in 2007, almost 1,000 of them on -line. Many of the annual events, such as the Sweetheart Dance, Snow Day, Kite Day and Breakfast with Santa, have become family traditions, and participation continues to grow. {PAGE } Continue to read the newly designed city newsletter and check the city's website to get the most current information on all these city programs. This is merely a fraction of the advances the city has made over the past year. I want to thank all of the residents who take time to get engaged and make a difference in Lino Lakes. We know you want a community that is dynamic and successful. Your goal is our goal —to continue to keep Lino Lakes what it is, with its natural amenities and protected resources; and to continue to work toward a future that provides its residents with opportunities to live, work, recreate and shop; a place we call home. {PAGE 1 EXPENDITURES FEBRUARY 25, 2008 • Date: 02/14/2008 Time: 13:06:34 City of Lino Lakes FM Entry - Invoice Journal Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6934 - 6963 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N • Discount # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 2 43.14 43.14 .00 .00 000093 ACE SOLID WASTE, INC. 1 420.71 420.71 .00 .00 000134 BOLDT, ROBERT 1 380.00 380.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 52.68 52.68 .00 .00 000227 DELL MARKETING L.P. 1 5,112.01 5,112.01 .00 .00 000234 W.B. MILLER, INC. 1 13,963.39 13,963.39 .00 .00 000254 SOFTWARE HOUSE INTERNATIONAL, INC. 1 322.70 322.70 .00 .00 000256 DEEP ROCK WATER COMPANY 1 54.52 54.52 .00 .00 000290 SPINDLER, STEVEN E 1 250.00 250.00 .00 .00 000312 HUFFMAN, JAMES R. 1 230.95 230.95 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 210.49 210.49 .00 000320 ANCHOR PAPER COMPANY, INC. 1 770.74 770.74 .00 • D00329 ROLEX, ALAN 1 656.47 656.47 .00 .00 000332 MCKINZIE METRO APPRAISAL 1 510.00 510.00 .00 .00 000364 NORTHERN AIR CORPORATION 1 1,800.23 1,800.23 .00 .00 000365 STAPLES BUSINESS ADVANTAGE 1 164.89 164.89 .00 .00 000371 CONNEXUS ENERGY 1 3,370.63 3,370.63 .00 .00 000389 CUB FOODS 1 137.18 137.18 .00 .00 00040B AFSCME COUNCIL #5 1 927.38 927.38 .00 .00 000420 ANOKA COUNTY 2 12,188.13 12,188.13 .00 .00 000421 ANOKA COUNTY TREASURER 1 742.08 742.08 .00 .00 000438 W H RESPONSE 1 31,453.58 31,453.58 .00 .00 Date: 02/14/2008 Time: 13:06:34 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 323.31 323.31 .00 .00 000489 TDS METROCOM 1 992.61 992.61 .00 .00 D00541 ASPEN MILLS, INC. 1 24.95 24.95 .00 .00 000724 BLUE TOW SERVICE, INC. 1 130.48 130.48 .00 .00 000888 JOHNSON, RICK /DEER & BEAVER, INC. 1 90.00 90.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 430.57 430.57 .00 .00 000946 C. P. OFFICE PRODUCTS 1 281.03 281.03 .00 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 73.48 73.48 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 794.82 794.82 .00 .00 001148 EGAN OIL COMPANY 2 10,357.60 10,357.60 .00 .00 001260 ACCLAIM BENEFITS 1 643.55 643.55 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 23.95 23.95 .00 .00 001270 DALCO, INC. 2 1,776.38 1,776.38 .00 .00 001278 DNR WATERS 1 8,864.00 8,864.00 .00 .00 001298 DEGARDNER, RICK 1 61.11 61.11 .00 .00 111080 EARL ANDERSON ASSOCIATION, INC. 1 344.70 344.70 .00 .00 001530 FOREST LAKE FORD, INC. 3 1,292.29 1,292.29 .00 .00 001550 ASSURANf EMPOLYEE BENEFITS 1 1,094.31 1,094.31 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 95.56 95.56 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 100.15 100.15 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 2,575.73 2,575.73 .D0 .00 001627 HENNEPIN TECHNICAL COLLEGE 1 850.00 850.00 .00 .00 001850 HOFFMAN, MICHAEL 1 71.97 71.97 .00 .00 001860 KENNEDY AND GRAVEN, INC. 5 2,044.22 2,044.22 .00 .00 002001 10,000 LAKES CHAPTER 1 175.00 175.00 .00 .00 002099 WASMUND, PATTI 1 495.00 495.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 921.50 921.50 .00 .00 • Date: 02/14/2008 Time: 13:06:35 City of Lino Lakes Operator: JAL Page: 3 FM Entry - Invoice Journal Discount 002248 LARSON ALLEN, LLP 1 3,475.00 3,475.00 .00 .00 002328 LEEF BROTHER, INC. 1 21.77 21.77 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 307.81 307.81 .00 .00 D02516 TEE'S PLUS (EDH,INC.) 1 962.00 962.00 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 47,150.05 47,150.05 .00 .00 002694 AMERICAN MESSAGING 1 34.92 34.92 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 4,937.96 4,937.96 .00 .00 002820 MN. POLLUTION CONTROL AGENCY 1 216.00 216.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 1 50.00 50.00 .00 .00 003123 NATURE CALLS, INC. 1 193.95 193.95 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 109.21 109.21 .00 .00 003250 XCEL ENERGY 2 4,048.66 4,048.66 .00 .00 003600 PRESS PUBLICATIONS, INC. 4 198.90 198.90 .00 .00 003680 SHORT - ELLIOTT - HENDRICKSON, INC. 2 7,920.08 7,920.08 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 1 104.18 104.18 .00 00 003910 SAM'S CLUB, INC. 1 482.93 482.93 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 9.50 9.50 .00 .00 004150 STAR TRIBUNE, INC. 1 111.80 111.80 .00 .00 D04240 STREICHER'S, INC. 1 259.53 259.53 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 329.72 329.72 .00 .00 004560 U S BANK 1 5,456.42 5,456.42 .00 .00 004562 HD SUPPLY WA'1'h'RWORKS, LTD. 1 8.51 8.51 .00 .00 004590 UNIFORMS UNLIMITED, INC. 2 154.92 154.92 .00 .00 004670 COMCAST 2 69.90 69.90 .00 .00 004730 VIKING INDUSTRIAL CENTER, INC. 1 15.98 15.98 .00 .00 004840 WINNICK SUPPLY, INC. 1 36.44 36.44 .00 .00 Vendor # Name # of items Net Gross Discount Date: 02/14/2008 Time: 13:06 :35 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount 11111or # Name # of items Net Gross Discount Lost 005007 LUNDA CONSTRUCTION COMPANY 1 564,016.21 564,016.21 .00 .00 005019 INTERNATIONAL ASSOC OF PROPERTY /EVIDENCE 1 100.00 100.00 .00 .00 005022 PITNEY WORKS RESERVE ACCOUNT 1 5,000.00 5,000.00 .00 .00 007370 MARTY LAW FIRM, LLC 1 3,060.46 3,060.46 .00 .00 007392 HAWKINS & BAUMGARTNER, P.A. 2 27,352.56 27,352.56 .00 .00 007402 HARMON AUTOGLASS 1 218.78 218.78 .00 .00 007405 FASTENAL INDUSTRIAL /COMMERCIAL SUPPLIES 1 45.41 45.41 .00 .00 007406 GLOCK PROFESSIONAL, INC. 1 300.00 300.00 .D0 .00 007408 ST. PAUL POLICE DEPARTMENT 1 7,200.00 7,200.00 .00 .00 007409 CREATIVE PRODUCT SOURCING, INC. 1 548.80 548.80 .00 .00 007410 MINNESOTA DIVISION OF HOMELAND SECURITY 1 190.00 190.00 .00 .00 007411 FORREST TAGG 1 26,400.00 26,400.00 .00 .00 007412 RUDBERG, PAUL 1 450.00 450.00 .00 .00 007413 STEIN, KEITH 1 479.00 479.00 .00 .00 007414 STEFFES, RHONDA 1 500.00 500.00 .00 .00 11111415 MIDWEST MAILING SYSTEMS, INC. 1 79.86 79.86 .00 .00 471 BONESTROO, INC. 1 30,943.76 30,943.76 .00 .00 900591 CORPORATE EXPRESS, INC. 1 260.33 260.33 .00 .00 Grand Totals: 112 852,758.51 852,758.51 .00 .00* • Date: 02/14/2008 Time: 13 :23:15 Operator: JAL Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 6936 - 6965 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CHARTER CHARTER CHARTER SENIORS SENIORS FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS AFSCME COUNCIL #5 PAYROLL WITHHOLDING ANOKA COUNTY EASEMENT ENCROACHMENTS MINNESOTA STATE RETI PAYROLL WITHHOLDING LAW ENFORCEMENT LABO PAYROLL WITHHOLDING MN CHILD SUPPORT PAY PAYROLL WITHHOLDING U S BANK COMPUTER PURCHASE /GORDON Total for Department PREMIUM WATERS, INC. ADMINISTRATION RESOU ACCLAIM BENEFITS ASSURANT EMPLOYEE BE SAM'S CLUB, INC. U S BANK U S BANK MONTHLY SERVICE /JANUARY COBRA ADMINISTRATION FLEXIBLE SPENDING ADMINI INSURANCE /FEBRUARY MEMBERSHIP /JEAN V & CARO ARROWWOOD /JEAN V CONFERENCE /GORDON H Total for Department 402 KENNEDY AND GRAVEN, CHARTER REVIEW MARTY LAW FIRM, LLC LEGAL SERVICES /CHARTER HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY Total for Department 405 TDS METROCOM MONTHLY SERVICE /JANUARY ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY Total for Department 406 ROLEK, ALAN ANOKA COUNTY ASSURANT EMPLOYEE BE LARSON ALLEN, LLP PRESS PUBLICATIONS, SAM'S CLUB, INC. U S BANK PARKING /MILEAGE /LODGING TAXING JURISDICTION INSURANCE /FEBRUARY PROGRESS BILLING /AUDIT 2 ADVERTISE /LEGAL RATES MEMBERSHIP /AL R REGISTRATION /AL R Total for Department 407 HAWKINS & BAUMGARTNE CRIMINAL ATTORNEY HAWKINS & BAUMGARTNE CRIMINAL ATTORNEY - JANUAR HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY -JANUA Total for Department 414 Amount 927.38 46.00 794.82 921.50 257.03 1,601.45 4,548.18* 31.59 73.48 643.55 82.86 70.00 245.00 218.91 1,365.39* 1,029. OD 3,060.46 308.20 4,397.66* 37.98 5.29 43.27* 656.47 1,861.64 56.28 1,494.25 76.50 35.00 355.00 4,535.14* 11,800.00 12,238.44 772.40 1,752.86 26,563.70* • • • Date: 02/14/2008 Time: 13:23:15 Operator: JAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description ECONOMIC DEVELOPMENT KENNEDY AND GRAVEN, LEGAL SERVICES /OCTOBER Total for Department 415 PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 111111xCE CE ICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS ASSURANT EMPLOYEE BE PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, U S BANK BONESTROO, INC. INSURANCE /FEBRUARY ADVERTISE /PUBLIC NOTICE ADVERTISING /LEGAL ORDINA ADVERTISING /ORDINANCE 18 SANDWICH'S PROFESSIONAL SERVICES /OC Total for Department 416 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY Total for Department 418 PREMIUM WATERS, INC. MONTHLY SERVICE /JANUARY DELL MARKETING L.P. NOTEBOOKS CONNEXUS ENERGY MONTHLY SERVICE /JANUARY TDS METROCOM MONTHLY SERVICE /JANUARY ASPEN MILLS, INC. SHIRTS /EXPLORERS FAST BREAK CORNER MA CAR WASHES ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY IMAGE PRINTING & GRA ENVELOPES /LETTERHEAD TEE'S PLUS (EDH, INC DARE SUPPLIES INVENTORY TRADING CO UNIFORM SUPPLIES SAM'S CLUB, INC. MEMBERSHIP /JACKIE B STREICHER'S, INC. UNIFORM SUPPLIES /492078 STREICHER'S, INC. UNIFORM SUPPLIES /492079 STREICHER'S, INC. UNIFORM SUPPLIES /492275 STREICHER'S, INC. UNIFORM SUPPLIES /494912 U S BANK CHEAP TICKETS /BILL H U S BANK DWI TASK FORCE UNIFORMS UNLIMITED, UNIFORM SUPPLIES INTERNATIONAL ASSOC 2008 MEMBERSHIP /BILL H & GLOCK PROFESSIONAL, CLASS /MITCH DM & ADAM H ST. PAUL POLICE DEPA TUITION /CHRIS B CREATIVE PRODUCT SOU DARE WORKOOKS MINNESOTA DIVISION 0 CONFERENCE /KENT S CORPORATE EXPRESS, I OFFICE SUPPLIES Total for Department 420 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY Total for Department 421 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY 10,000 LAKES CHAPTER SEMINAR /VERNON R WASMUND, PATTI PERMITWORKS- GEORGIA W, L SAM'S CLUB, INC. MEMBERSHIP /PETE K U S BANK PROGRAM /PETE K Total for Department 422 Amount 375.46 375.46* 30.42 22.95 76.50 22.95 74.54 30,943.76 31,171.12* 60.13 60.13* 11.55 5,112.01 21.31 666.82 24.95 23.95 436.83 307.81 962.00 50.00 35.00 17.97 79.98 91.59 69.99 9.9B 1,083.97 154.92 100.00 300.00 7,200.00 548.80 190.00 260.33 17,759.76* 44.51 44.51* 57.57 175.00 495.00 35.00 200.00 962.57* Date: 02/14/2008 Time: 13:23:15 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT BOLDT, ROBERT REIMBURSE CLOTHING ALLOW HUFFMAN, JAMES R. BEAVER REMOVAL /2 CONNEXUS ENERGY MONTHLY SERVICE /JANUARY ANOKA COUNTY TREASUR SIGNAL MAINTENANCE TDS METROCOM MONTHLY SERVICE /JANUARY JOHNSON, RICK /DEER & DEER REMOVAL /1 EARL ANDERSON ASSOCI TRAFFIC CONES ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY FRATTALLONE'S HARDWA PAINT /PIPE /ELBOW /UPC HENNEPIN TECHNICAL C OSHA COMPLIANCE /TOM D W AMERICAN MESSAGING MONTHLY SERVICE /JANUARY SAM'S CLUB, INC. MEMBERSHIP /TOM DW Total for Department 430 AMERICAN FASTENER & O'REILLY AUTOMOTIVE, EGAN OIL COMPANY EGAN OIL COMPANY FOREST LAKE FORD, IN FOREST LAKE FORD, IN FOREST LAKE FORD, IN ASSURANT EMPLOYEE BE EMERGENCY AUTOMOTIVE HENNEPIN TECHNICAL C LEEF BRO. , INC. MN. POLLUTION CTROL FACTORY MOTOR PARTS SAFETY KLEEN CORPORA ANOKA COUNTY LICENSE WINNICK SUPPLY, INC. HARMON AUTOGLASS FASTENAL INDUSTRIAL/ Total for CONNECTOR /SPADE TERMINAL FILTERS /HALOGEN /BELT /CEM GASOLINE UNLEADED GAS OIL SWITCH TRANSMISSION REPAIR INSURANCE /FEBRUARY SQUAD CAR LIGHTS /SWITCH OSHA COMPLIANCE /TOM D W SHOP TOWELS HAZARDOUS WASTE FEE BATTERY RECYCLE USED OIL LICENSE TABS/ #324 GRAB HOOK /CHAIN /CLEVIS /T WINDSHIELD DRILL /TAP Department 431 BUILDINGS ACE SOLID WASTE, INC BUILDINGS SOFTWARE HOUSE INTER BUILDINGS DEEP ROCK WATER COMP BUILDINGS AMERIPRIDE LINEN /APP BUILDINGS ANCHOR PAPER COMPANY BUILDINGS NORTHERN AIR CORPORA BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS STAPLES BUSINESS ADV CONNEXUS ENERGY COORDINATED BUSINESS TDS METROCOM C. P. OFFICE PRODUCT DALCO, INC. ASSURANT EMPLOYEE BE CENTERPOINT /MINNEGAS XCEL ENERGY SAM'S CLUB, INC. MONTHLY SERVICE /FEBRUARY MEDIA WINDOWS MONTHLY SERVICE /JANUARY MAT RENTAL /JANUARY PAPER CHECK BOILER TEMPS OFFICE SUPPLIES MONTHLY SERVICE /JANUARY MAINTENANCE CONTRACT 01- MONTHLY SERVICE /JANUARY OFFICE SUPPLIES JANITORIAL SUPPLIES INSURANCE /FEBRUARY MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY JANITORIAL SUPPLIES 380.00 230.95 960.20 742.08 37.98 90.00 344.70 95.05 29.81 400.00 11.64 35.00 3,357.41* 52.68 430.57 5,055.60 5,302.00 60.29 45.99 1,186.01 14.90 100.15 55.00 21.77 216.00 109.21 104.18 9.50 36.44 218.78 45.41 13,064.48* 420.71 322.70 54.52 210.49 770.74 1,800.23 164.89 1,213.32 323.31 135.89 281.03 1,776.38 10.25 2,888.44 3,985.96 59.55 • Date: 02/14/2008 Time: 13:23:15 • Department Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ENVIRONMENTAL 41/1RONMENTAL SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY PROGRAM REC SAM'S CLUB, INC. STAR TRIBUNE, INC. TWIN CITY GARAGE DOO COMCAST COMCAST VIKING INDUSTRIAL CE SUPPLIES 52 WEEKS /PAPER REPAIR POLICE GARAGE DO0 MONTHLY SERVICE /FEBRUARY MONTHLY SERVICE /JANUARY BANDAGES PITNEY WORKS RESERVE POSTAGE ESCROW MIDWEST MAILING SYST INK CARTRIDGE Total for Department 432 CONNEXUS ENERGY MONTHLY SERVICE /JANUARY DEGARDNER, RICK REIMBURSE MILEAGE ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY FRATTALLONE'S HARDWA PAINT /PIPE /ELBOW /UPC HENNEPIN TECHNICAL C OSHA COMPLIANCE /TOM D W HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW CENTERPOINT /MINNEGAS MONTHLY SERVICE /JANUARY NATURE CALLS, INC. PORTABLE RESTROOM RENTAL U S BANK WINDOW Total for Department 450 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY SAM'S CLUB, INC. MEMBERSHIP /LIZ B Total for Department 451 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY U S BANK U S BANK CONFERENCE /MARTY A CONFERENCE /TIM P Total for Department 461 ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY Total for Department 462 SPINDLER, STEVEN E OAK WILT REIMBURSEMENT ASSURANT EMPLOYEE BE INSURANCE /FEBRUARY RUDBERG, PAUL REIMBURSE OAK WILT STEIN, KEITH OAK WILT REIMBURSEMENT STEFFES, RHONDA OAK WILT REIMBURSEMENT Total for Department 463 Total for Fund 101 LARSON ALLEN, LLP PROGRESS BILLING /AUDIT 2 Total for Department 200 SPECIAL EVENTS /TRIPS U S BANK PROGRAM REC SPECIAL EVENTS /TRIPS U S BANK Total for Department 205 PROGRAM REC SUPPLIES YOUTH INSTRUCTIONAL CUB FOODS • PROGRAM REC SUPPLIES 178.38 111.80 329.72 34.95 34.95 15.98 5,000.00 79.86 20,204.05* 7.99 61.11 80.22 29.81 225.00 71.97 331.74 193.95 51.83 1,053.62* 41.48 35.00 76.48* 11.58 425.00 285.00 721.58* 4.99 4.99* 250.00 5.84 450.00 479.00 500.00 1,684.84* 131,994.34* 34.75 34.75* 126.20 666.00 792.20* 137.18 Date: 02/14/2008 Time: 13:23:15 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount YOUTH INSTRUCTIONAL GREG LARSON SPORTS - Total for YOUTH SPORTS OTHER o rti�x GREG LARSON SPORTS - Total for Total for ANOKA COUNTY LARSON ALLEN, LLP Total for Department 499 SHIN GUARDS /FOOTBALLS /BA 600.39 737.57* Department 207 SHIN GUARDS /FOOTBALLS /BA 1,975.34 1,975.34* 3,539.86* Department 208 Fund 201 TAXING JURISDICTION 8,296.06 PROGRESS BILLING /AUDIT 2 139.00 8,435.06* 8,435.06* Total for Fund 301 OTHER LARSON ALLEN, LLP PROGRESS BILLING /AUDIT 2 Total for Department 499 Total for Fund 401 OTHER LARSON ALLEN, LLP PROGRESS BILLING /AUDIT 2 Total for Department 499 Total for Fund 406 OTHER ANOKA COUNTY TAXING JURISDICTION Total for Department 499 Total for Fund 411 OTHER ANOKA COUNTY OTHER KENNEDY AND GRAVEN, OTHER KENNEDY AND GRAVEN, Total for Department 499 173.75 173.75* 173.75* 382.25 382.25* 382.25* 359.75 359.75* 359.75* TAXING JURISDICTION 795.46 GENERAL FINANCIAL /OCTOBE 119.00 GENERAL /OCTOBER 51.00 965.46* 965.46* Total for Fund 416 OTHER ANOKA COUNTY TAXING JURISDICTION Total for Department 499 Total for Fund 417 OTHER ANOKA COUNTY TAXING JURISDICTION Total for Department 499 Total for Fund 418 OTHER LARSON ALLEN, LLP PROGRESS BILLING /AUDIT 2 Total for Department 499 Total for Fund 422 385.07 385.07* 385.07* 444.15 444.15* 444.15* 34.75 34.75* 34.75* Date: 02/14/2008 Time: 13:23:15 Operator: JAL • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER WATER WATER WATER WATER WATER WATER WATER WA1'h'R WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • W.B. MILLER, INC. MCKINZIE METRO APPRA W H RESPONSE SHORT- ELLIOTT- HENDRI SHORT- ELLIOTT- HENDRI LUNDA CONSTRUCTION C HAWKINS & BAUMGARTNE HAWKINS & BAUMGARTNE FORREST TAGG CONTRACTOR /LEGACY AT W00 CSAH 23 ROAD IMPROVEMENT CONTRACTOR /LEGACY, #2 ST LEGACY AT WOOD'S EDGE /JA PROFESSIONAL SERVICES /JA CSAH 23/I35W MUNICIPAL ATTORNEY MUNICIPAL ATTORNEY -JANUA PARCEL 15/35W & LAKE DRI Total for Department 499 Total for Fund 471 CONNEXUS ENERGY TDS METROCOM DNR WATERS ASSURANT EMPLOYEE BE HENNEPIN TECHNICAL C KENNEDY AND GRAVEN, LARSON ALLEN, LLP AMERICAN MESSAGING CENTERPOINT /MINNEGAS XLeW ENERGY U S BANK HD SUPPLY WATERWORKS Total for Total for MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY 2007 ANNUAL WATER USE RE INSURANCE /FEBRUARY OSHA COMPLIANCE /TOM D W GENERAL /OCTOBER PROGRESS BILLING /AUDIT 2 MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY WELL REPAIR PAST DUE AMOUNT Department 494 Fund 601 CONNEXUS ENERGY ASSURANT EMPLOYEE BE FRATTALLONE'S HARDWA HENNEPIN TECHNICAL C KENNEDY AND GRAVEN, LARSON ALLEN, LLP METRO COUNCIL ENVIRO AMERICAN MESSAGING XCEL ENERGY U S BANK MONTHLY SERVICE /JANUARY INSURANCE /FEBRUARY PAINT /PIPE /ELBOW /UPC OSHA COMPLIANCE /TOM D W GENERAL /OCTOBER PROGRESS BILLING /AUDIT 2 MARCH SEWER MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY RA 1 xak.Y Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN TOW DODGE NEON KENNEDY AND GRAVEN, LAKEWOOD APARTMENTS Total for Department Total for Fund 801 Grand Total 13,963.39 510.00 31,453.58 4,031.12 3,888.96 564,016.21 80.40 400.26 26,400.00 644,743.92* 644,743.92* 856.78 113.94 8,864.00 28.04 85.00 113.00 451.75 17.46 1,717.78 43.04 43.28 8.51 12,342.58* 12,342.58* 311.03 28.07 35.94 85.00 113.01 764.50 47,150.05 5.82 19.66 70.26 48,583.34* 48,583.34* 130.48 243.75 374.23* 374.23* 852,758.51* • • CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 02/08 - 02/08 Check Issue Date(s): 02/02/2008 - 02/15/2008 Page: 1 Feb 15, 2008 12:OOpm Per Date Check No Vendor No 02/08 02/15/08 3116 20400 02/08 02/15/08 3117 30490 02/08 02/15/08 3118 31008 02/08 02/15/08 3119 02/08 02/15/08 3120 50120 Total 3120 02/08 02/15/08 3121 60650 02/08 02/15/08 3122 120450 02/08 02/15/08 3123 130348 02/08 02/15/08 3124 130840 02/08 02/15/08 3125 130850 02/08 02/15/08 3126 140408 02/08 02/15/08 3127 150140 02/08 02/15/08 3128 170180 02/08 02/15/08 3129 190800 02/08 02/15/08 3130 210232 02/08 02/15/08 3131 220200 02/08 02/15/08 3132 240100 Totals: Payee DAVID BRUDER CENTERPOINT ENERGY COMCAST Information Only Check EMERGENCY APPARATUS MAINT, IP FRATTALLONE'S HARDWARE STORI CITY OF LINO LAKES MCLEOD USA MFSCB MN STATE FIRE CHIEFS ASSN NEXTEL COMMUNICATIONS OFFICE DEPOT, INC QWEST ROBERT STAFKI UNI- SELECT VERIZON WIRELESS XCEL ENERGY Invoice Description MEETING SUPPLY JAN GAS STATION 2 INTERNET STATION 2 TANKER 31 MTC ENGINE 21 MTC ENGINE 31 MTC UTILITY 11 MTC UTILITY 21 MTC TANKER 21 MTC RESCUE 21 MTC UTILITY 31 MTC RESCUE 31 MTC RESCUE 11 MTC UTILITY 14 MTC ENGINE 11 MTC NOZZLE JAN REIMBURSEMENTS PHONES CERTIFICATION TESTS MEMBERSHIP DUES CELL PHONES SCREEN/TRIPOD COMMUNICATIONS FUEL LAMP COMMUNICATIONS JAN ELECTRIC STATION 2 Inv Amount 12.11 1,369.74 189.00 708.65 3,239.42 1,057.10 356.79 665.77 717.88 531.08 404.67 474.10 786.97 445.92 2,130.80 11,519.15 106.35 15, 033.93 393.59 780.00 305.00 155.07 138.24 214.28 20.00 2.12 2.34 708.07 30,948.99 V M = Manual Check, V = Void Check -15- • • • CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES February 4, 2008 : February 4, 2008 . 5:30 p.m. . 9:20 p.m. : Councilmember Gallup, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Finance Director, Al Rolek; Economic Development Coordinator, Mary Alice Divine; Director of Public Safety, Dave Pecchia; City Planner, Jeff Smyser; Director of Administration, Dan Tesch. CHARTER AMENDMENT REVIEW Administrator Heitke noted that the council reviewed a proposed amendment process and timeline at the last council meeting, keeping in mind that the process may need to be accelerated to allow for an additional review period if necessary. As directed, a technical review on the substitute amendment submitted by the Charter Commission was initiated with the city's bond counsel and financial advisor. He introduced Steve Bubul of Kennedy and Graven law firm to report on the matter. Mr. Bubul noted his written report that had been provided to the council. As the city's bond counsel, he urges the council to recognize that the language of the charter is important and must be taken very seriously in relation to the issuance of bonds. His technical review of the proposed amendment and resulting report to the council is detailed, reflecting the level of detail necessary in this area. He encourages the council to review the entire report but pointed out for them that the main themes are concern with: 1) the change of applicability to projects outside of those including special assessment such as those financed with general revenue; 2) the lack of adequate definition of some key words or phrases; 3) possibly conflicts with state law; 4) applicability to other areas such as routine street maintenance; 5) confusion about percentage requirements; 6) establishment of an election process for portions of improvement without the necessary functional details; 7) the process for council consideration is unusual, prohibitive and may not be legal; and 8) referendum process timing is unclear. In general, the proposed amendment creates a lot of ambiguity. The council indicated that they will attempt to discuss the intent of the proposed amendment rather than the detail of the amendment (that may have to be rewritten in a legal sense). A grid comparing the intent of the current charter, the task force proposal, the charter commission proposal (and the suggested amendments to the charter commission proposal) along with existing Chapter 429 would be helpful. Perhaps the 1 _16_ CITY COUNCIL WORK SESSION February 4, 2008 DRAFT 46 charter commission attorney can speak to the matter of the commission's intent or the 47 commission itself may have to provide that input. The focus of the comparison shouldn't 48 be on details but on the general issue areas. 49 50 Council was reminded that if an amendment different than the current proposal(s) is 51 going to be considered, a first reading of an ordinance no later than March 24, 2008 52 would be appropriate to allow once again for a charter commission review period and still 53 meet a deadline for ballot placement in fall of this year. A legal opinion on how much 54 change constitutes a different proposal is requested. 55 56 Finance Director Rolek noted that he basically concurs with the advice in the letter from 57 city financial advisor Springsted outlining the financial implications of the city's process 58 for improvements. The marketability of the city's bonds has an impact on city costs and 59 possibly the city's bond rating. 60 61 CHARTER COMMISSION EXPENDITURE 62 63 Finance Director Rolek reported that the Charter Commission has submitted bills in 64 excess of their budget for 2007. The outstanding bill to the Marty Law Firm, if paid, 65 would put the commission $545 over budget. The council has authority to increase the 66 budget if that is desired. He added that there is the possibility that there are other 67 outstanding 2007 bills. Although the commission has a 2008 budget, the overage cannot 68 be authorized from that budget since it relates to 2007 expenses. 69 70 The council recognized that the commission is an outside organization, not a city 71 department. State statute, however, requires that the city provide at least $1,500 to the 72 commission. 73 74 The commission will be contacted as to the question of outstanding 2007 bills; when the 75 final figure is known, the council will consider amending the 2007 budget and whether or 76 not that will impact the 2008 commission budget. The legal bill to the Marty Law Firm 77 should be paid. 78 79 EDAC BUSINESS SURVEY 80 81 Economic Development Coordinator Divine reported that the Economic Development 82 Advisory Committee (EDAC) has in the past surveyed city businesses to gain information 83 that will be helpful in supporting and recognizing the needs of those businesses. The 84 Committee has decided that it is time to issue a new survey, especially based on current 85 commercial conditions. Ms. Divine will be initiating an on -line survey, the results will be 86 compiled and a resulting action plan developed by EDAC. 87 88 A council member suggested that the survey include information about YMCA 89 membership as an employee benefit. 90 2 —17— • • • • CITY COUNCIL WORK SESSION February 4, 2008 DRAFT 91 EAGLE BROOK LIGHTING UPDATE 92 93 Public Safety Director Pecchia noted that Police Sergeant Bill Hammes has provided the 94 council with a detailed chronology of communications related to the lighting issue at 95 Eagle Brook Church. Basically, staff will be awaiting the decision of Eagle Brook 96 Church on how they will proceed and can then discuss options with concerned parties. 97 98 POLICE ADMINSTRATIVE STAFFING STRUCTURE 99 100 Public Safety Director Pecchia was present along with Captain Kent Strege and Volunteer 101 Coordinator Karen Anderson. He reviewed the proposal before the council that would 102 involve restructuring of staff in the Police Department. With the vacancy of the Office 103 Manager position in the department, there is an opportunity to review the structure. The 104 core component of the proposal is to eliminate the Office Manager Position and enhance 105 the department's current volunteer coordinator position to a command level position 106 entitled Community Relations Coordinator. The new position would include 107 coordination and enhancement of all department volunteer activities along with 108 management of all the volunteer administrative duties. Along with the change to that 109 position, the chief is proposing to enhance one of the current clerical positions in the 110 department to lead clerical with some technical responsibilities. He is also proposing the 111 addition of two part-time community service officer (CSO) positions. The financial 112 impact of the restructuring would, in the worst case, be budget neutral. The change 113 would, however, put the department in a better position to respond effectively to the 114 anticipated service delivery and fiscal challenges that face the city in the future. There are 115 personnel already in the department qualified and interested in the new positions: Karen 116 Anderson for the Community Relations Coordinator position and Jackie Bowdich for the 117 Lead Clerical position. 118 119 Administrator Heitke added that he will be further exploring and, with the Police Chief, 120 establishing criteria to deal with any situation where he would be responsible for making 121 a Police Department chain of command decision. 122 123 COMPENSATION AUDIT RFP 124 125 Director of Administration Tesch explained he is returning to the council with the one 126 RFP that was submitted for a personnel related audit. He requested that the council direct 127 staff to proceed with any elements. He is recommending audit of the employee 128 compensation system and philosophy as well as internal equity. As requested he is 129 providing information on other city administrator positions. Mr. Tesch added that, 130 although the city has filed with the state all required pay equity information, he would 131 like to get updated information in the area of internal equity to ensure that the city is on 132 the right track. 133 134 Performance evaluation, employee compensation and pay for performance are the specific 135 areas of interest to the council. Internal equity could be included if staff recommends. 3 CITY COUNCIL WORK SESSION February 4, 2008 DRAFT 136 Market competitiveness should be included in the analysis. It appears those items would 137 cost in the range of $8,150. 138 139 When Director Tesch pointed out that there is no budget for services. However, with the 140 council's direction to proceed, he will get the ball rolling. 141 142 PROFESSIONAL SERVICE FIRMS 143 144 Director of Administration Tesch recalled that the council requested a list of professional 145 service consultants in addition to the city's appointed consultants. He is providing a list 146 of additional consultants in the areas of legal, labor, fiscal, engineering and auditing 147 services. 148 149 There were no objections to the list presented. 150 151 COMPREHENSIVE PLAN UPDATE — LAND USE PLAN 152 153 Community Development Director Grochala reviewed the written update. The council 154 reviewed at a previous work session the draft Land Use Plan (the "Plan"). The Plan 155 presented at that time represents a full build out of the city even though full build out isn't 156 anticipated within the next 20 years Planning is necessary in order to understand what 157 city systems will be needed long term. The actual amount of land area guided for 158 development over the next 20 years will depend on infrastructure timing and growth 159 management objectives. The Plan has been reviewed by residents at a recent open house, 160 with mostly positive feedback. Staff feels that the Plan satisfies the advisory panel goals, 161 the city's (council) housing goals as well as the Metropolitan Council's directive for 162 average residential density. 163 164 The consultant team is preparing the analysis for developing the systems element of the 165 Plan. The advisory panel is meeting to discuss growth management and will host an all 166 board/city council meeting on that subject on February 20, 2008. 167 168 Regarding a council question on how the limited growth ordinance fits into the future, 169 staff suggested that current discussion seems to point toward the Plan as the future 170 primary growth planning tool. 171 172 It was noted by a council member that the conservation development element has worked 173 well with the limited growth tools in place; the concept of conservation development 174 needs to be maintained. Staff replied that the city's development process will be further 175 identified as part of the Plan and its development. 176 177 REVIEW REGULAR AGENDA ITEMS OF FEBRUARY 11, 2008 178 179 There were no changes to the regular Council agenda. 180 4 -19- • • • • CITY COUNCIL WORK SESSION February 4, 2008 DRAFT 181 Regarding Item 3b, contracted assessment services through Anoka County, Administrator 182 Heitke indicated that the Finance Officer will be reviewing the impact of the proposed 183 increase in fees for assessment services and more information will be provided on the 184 material impact, beginning in 2009. 185 186 ANIMAL CONTROL REGULATIONS ORDINANCE 187 188 Community Development Director Grochala explained that staff is presenting a revision 189 to the City's animal regulations. The proposed ordinance would combine and improve 190 current sections regarding dogs, farm animals, non - domesticated animals and kennels. 191 The recommended improvements to the ordinance are based on citizen needs and current 192 state animal regulations; the recommendations of the Public Safety Division have been 193 included. Staff would like to bring the ordinance forward for council action and then 194 follow with related changes to the zoning code. 195 196 2007 GOALS FOURTH QUARTER REPORT 197 198 Administrator Heitke presented the quarterly update on the Council's Goals, Objectives, 199 Management Action Plan for the final quarter of 2007. 200 201 SPIRIT HILLS PARKING UPDATE (requested by council) 202 203 Administrator Heitke indicated that this matter was placed on agenda as requested by 204 council; the Spirit Hills Center has changed ownership. 205 206 A council asked if the standing order from the city remains that no new certificate of 207 occupancy will be issued for the center until the parking ordinance requirements are met. 208 209 Community Development Director Grochala indicated that staff found the center to be in 210 compliance. The issue could arise with future occupancy. 211 212 The meeting was adjourned at 9:30 p.m. 213 214 These minutes were considered, corrected and approved at the regular Council meeting held on 215 March 10, 2007. 216 217 218 219 220 Julianne Bartell, City Clerk John Bergeson, Mayor 221 DRAFT 411) 1 CITY OF LINO LAKES 2 MINUTES 3 LIQUOR COMPLIANCE HEARING 4 5 6 DATE : February 11, 2008 7 TIME STARTED : 6:17 p.m. 8 TIME ENDED : 6:43 p.m. 9 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Reinert, 10 Stoltz and Mayor Bergeson 11 MEMBERS ABSENT : None 12 13 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 14 Public Safety Director, Dave Pecchia; Police Captain, Kent Strege; and City Clerk, Julie Bartell 15 16 HEARING ON LIQUOR CODE VIOLATIONS 17 18 Police Captain Strege reported that the Police Department conducted liquor compliance checks 19 on June 21, 2007 and officers found several patrons still inside of Miller's on Main after hours. 20 This is a violation of the liquor ordinance. Each of the five patrons was issued a citation and has 21 subsequently pled guilty. The license holder of Miller's on Main was also issued a citation. On 22 the civil side, the police department is recommending that the council follow the Best Practice 23 Grid and institute a fine of $500 to the license holder. 24 25 Chad Wagner, Miller's on Main, explained that he was out of town when the violation occurred. 26 He understands it is for having patrons on site after hours, however, there is a discrepancy to 27 report. The ticket was issued at 2:30 a.m. and, according to city ordinance, 30 minutes is 28 allowed so technically a ticket written at 2:30 is not valid. Mr. Wagner reported that he has 29 attempted to argue this matter in court (criminal side) and it has been delayed twice. He has not 30 yet had his day in court. Also, because he received his citation in the mail three weeks after the 31 event, he was not able to verify timing with his record keeping system. 32 33 Scott Baumgartner, City Attorney, noted that Anoka County has a revolving calendar for the 34 prosecuting attorneys for economy sake. It would not be unusual to have a request postponed 35 when there is a request to dismiss. He believes the probable message from the court system 36 would be that Mr. Wagner has a question and it would be looked into. That has been done and 37 Mr. Baumgartner reported that he has clarified that the ticket is valid and indicates a violation. 38 39 Mr. Wagner noted that the time of violation on the ticket is 2:30 a.m. He added that the 40 bartender was going to give these people a ride home for safety sake. Also the clock in the 41 establishment is set to "bar time ", 15 minutes fast. 42 43 Mr. Baumgartner replied that he can respect what the bartender was going to do and also that the 44 window of 30 minutes is allowed. With those considerations, however, there is still a violation. •45 46 Mr. Wagner asked that the council review the police report. There is information indicating that COMPLIANCE HEARING MINUTES 2 DRAFT February 11, 2008 47 the officers arrived early. 48 49 At council request, Mr. Baumgartner explained that the city's Liquor Ordinance includes a half - 50 hour leeway to allow establishments to clear. This includes clearing of the entire premises, not 51 just the building. 52 53 Mr. Wagner noted that he's been told that people should cross the street and wait in the parking 54 lot. He understands what the code says but it isn't a sensible approach and also puts the 55 bartender in a difficult situation in having to go out and move people along. 56 57 Mr. Baumgartner noted that he believes officers will use discretion if people are ready to move 58 along. There are certain responsibilities that accompany the holding of a liquor license. 59 60 Captain Strege noted that dispatch records indicate that the officers were in the lot at 2:30 so that 61 would put them in the building after 2:30. 62 63 Public Safety Director Pecchia added that the four individuals that were cited did plead guilty 64 and pay their fine to Anoka County. 65 66 Mr. Wagner noted that he accompanied the patrons in court and the circumstances were that they 67 were offered basically a plea agreement or to spend at least another day in court to fight the 68 ticket. 69 70 Council Member O'Donnell moved that the staff recommendation be moved forward to the City 71 Council meeting. Council Member Stoltz seconded the motion. 72 73 Susan Raddon (sp), Miller's on Main bartender, reported that when the officers entered the 74 building, she was told by the police that everyone needed to be out at 2:00 a.m. She feels the 75 officer was not informed and thought that everyone needed to be out at 2:00 a.m.. She believes it 76 was still a couple of minutes before 2:30 when the citations were issued and that the officer felt 77 they were already in violation at 2:00 a.m. 78 79 Mr. Wagner added that timing is everything in this matter and everyone's time clock is not 80 synchronized. This is a frustrating situation. 81 82 The Mayor noted that the dispatch center time should be accurate. 83 84 Mr. Baumgartner noted that he has read the police report. According to the officer's 85 observations, there were four males playing cards when the officers entered and one had an 86 almost full beer before him. 87 88 Motion carried on a voice vote. 89 90 The meeting was adjourned at 6:43 p.m. • • • COMPLIANCE HEARING MINUTES 3 DRAFT February 11, 2008 •91 92 These minutes were considered and approved at the regular City Council Meeting on February 93 25, 2008. 94 95 96 97 98 Julianne Bartell, City Clerk John Bergeson, Mayor 99 • COUNCIL MINUTES February 11, 2008 DRAFT • 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 FEBRUARY 11, 2008 5 6 TIME STARTED : 6:50 p.m. 7 TIME ENDED : 8:00 p.m. 8 MEMBERS PRESENT : Council Member Stoltz, Gallup, Reinert, 9 O'Donnell and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City 14 Planner, Jeff Smyser; City Planner, Paul Bengtson; Public Safety Director, Dave Pecchia; Police 15 Captain, Kent Strege; City Clerk, Julie Bartell 16 17 PUBLIC COMMENT 18 19 There was no one present for public comment. 20 21 SETTING THE AGENDA 22 •23 The agenda was reviewed. 24 25 CONSENT AGENDA 26 27 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 28 seconded the motion. Motion carried. 29 30 ITEM ACTION 31 32 Consideration of Expenditures: 33 34 February 11, 2008 (Check No. 82240 through 82300), 35 $160,961.40; Approved 36 37 Centennial Fire District (Check No. 3099 through 38 3115), $9,035.73 Approved 39 40 Resolution No. 08 -20, Approving Final Payment Request, 41 WB Miller, Inc., Lino Lakes Regional Trail, Jim Studenski Approved 42 43 FINANCE DEPARTMENT REPORT, AL ROLEK • 44 45 There was no report from the Finance Department. 46 COUNCIL MINUTES February 11, 2008 DRAFT 47 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 48 49 Resolution No. 08 -11, providing for a finding of violation of the City liquor code and 50 imposing penalties against Miller's on Main — City Clerk Bartell reported that earlier in the 51 evening, the council held a hearing to review the police department's report and 52 recommendations relative to compliance checks that were conducted on Lino Lakes licensed 53 liquor establishments. 54 55 Miller's on Main was found to have violated the City Liquor Code and a penalty was considered 56 based on the City's adopted Best Practice Grid. 57 58 The council has forwarded a motion that the staff recommendation of a $500 fine to Miller's on 59 Main be instituted. 60 61 Council Member Stoltz moved to approve Resolution No. 08 -11 as presented. Council Member 62 Gallup seconded the motion. Motion carried. 63 64 Resolution No. 08 -23, Assessing Services Anoka County - Administrator Heitke noted that the 65 county has provided assessing services to the city for many years, covered by a joint powers 66 agreement. The current agreement expires in 2008. The proposed joint powers agreement for 67 the period of 2009 through 2013 would require that the city receive assessment services from 68 Anoka County and that the per parcel assessment fee would be increased. The county has not 69 adjusted the fees since 2002. At first glance it looks like a considerable rate increase, however, 70 considered over the period since 2002, it computes to an annual average increase of 1.33% to 71 2.08 %. Staff recommends that the city continue this relationship. 72 73 The council requested additional information that would denote the actual money amount of the 74 increase. 75 76 It was noted by a council member that there may not be many other options for assessment 77 services. There are independent assessment services available but traditionally cities use their 78 county services. 79 80 Council Member Reinert noted that he wouldn't be comfortable voting for this item without the 81 expanded cost analysis. It is appropriate for the council to look at all options and see what 82 makes the most sense for this city. 83 84 Council Member Stoltz moved to approve Resolution No. 08 -23 as presented. Council Member 85 Gallup seconded the motion. Motion carried. Nays — O'Donnell, Reinert 86 87 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 88 89 There was no report from the Public Safety Department. 2 -25- • COUNCIL MINUTES February 11, 2008 DRAFT • 90 91 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 92 93 There was no report from the Public Services Department. 94 95 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 96 97 Consideration of 2 "d Reading of Ordinance No. 17 -07, Vacating a portion of the drainage and 98 utility easement on Lot 16, Block 4 of the recorded plat Park Grove, Paul Bengtson 99 Reading and roll call required 100 101 City Planner Bengtson explained that the city has received a request from property owners to vacate a 102 portion of a drainage and utility easement to allow property improvements. There was some concern 103 among area property owners that the easement would worsen an existing drainage problem in the 104 neighborhood. The City Engineer has reviewed the drainage, reported that the easement will not 105 impact the situation and will address the situation in the 2008 Surface Water Management program. 106 Staff is recommending approval of the vacation 107 108 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 109 Stoltz seconded the motion. Motion carried on a voice vote. 110 111 Council Member Reinert moved to approve 2nd reading of Ordinance No. 17 -07 as presented. • 112 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carved as 113 follows: Yeas, 5; Nays none. 114 115 Main Street Village, Azure Properties — City Planner Jeff Smyser explained that there are 116 three conditional use permit requests before the council relative to a planned development of four 117 buildings on four different sites on the SE corner of the intersection of I -35E and Main Street. 118 Commercial planned development can be approved with conditional use authorization under the 119 city code and that is the first conditional use permit request. Mr. Smyser reviewed his written 120 report that explained how all development requirements will be met. The developers have been 121 positive in working with the city to develop appropriate design criteria for the buildings as well 122 as signage. 123 124 The second conditional use request applies to the inclusion of a lit border around the motor fuel 125 station signage. 126 127 The third conditional use request relates to the car wash included in the motor fuel station. 128 129 The inclusion of an outdoor eating area adjacent to the McDonald's facility was reviewed by the 130 Planning and Zoning Board. They decided that the scope doesn't trigger the city's ordinance 131 requirements for "restaurants with accessory outdoor dining facilities" so a conditional use 132 permit shouldn't be required for that limited outdoor use. 133 •134 Conditions of approval are included and were reviewed. Two conditions were removed based 135 on information received and staff requested the addition of a drainage easement. 3 -26- COUNCIL MINUTES February 11, 2008 DRAFT 136 137 Tom Schutte, Azure Properties, representing developer, replied that he had not heard of the 138 drainage easement to this point but preliminarily it looks okay. He commented that they (the 139 developers) are ready and anxious to proceed. 140 141 Consideration of Resolution No. 08 -17, Conditional Use Permit for Planned Unit 142 Development Stage Plan/Preliminary Plat. 143 144 Council Member Reinert moved to approve Resolution No. 08 -17 as presented. Council 145 Member O'Donnell seconded the motion. Motion carried on a voice vote. 146 147 Consideration of Resolution No. 08 -18, Conditional Use Permit for Motor Fuel Station 148 149 Council Member Stoltz moved to approve Resolution No. 08 -18 as presented. Council Member 150 Reinert seconded the motion. Motion carried on a voice vote. 151 152 Consideration of Resolution No. 08 -19, Conditional Use Permit for Commercial Car Wash 153 154 Council Member Gallup moved to approve Resolution No. 08 -19 as presented. Council Member 155 O'Donnell seconded the motion. Motion carried on a voice vote. 156 157 Vaughan's First Addition, Ed Vaughan; First Reading of Ordinance No. 02 -08, Rezoning 158 from PUD (Planning Unit Development) to R -1X (Single Family Executive); and 159 Consideration of Resolution No. 08 -22, Approving Preliminary Plat, Vaughn Addition — City 160 Planner Bengtson reviewed his written report regarding Mr. Vaughan's request for a one lot 161 residential subdivision. Staff has completed an analysis of the request including how the 162 subdivision will meet all city requirements. The conditions of approval that are recommended by 163 staff were reviewed by Mr. Bengtson. 164 165 Staff confirmed that a public hearing was held over several meetings at the Planning and Zoning 166 Board and area neighbors did receive notification. 167 168 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 169 Member Reinert seconded the motion. Motion carried on a voice vote. 170 171 Council Member Stoltz moved to approve first reading of Ordinance No. 02 -08 as presented. 172 Council Member Gallup seconded the motion. Roll call: Yeas, 5; Nays none. Motion carried. 173 174 Council Member Reinert moved to approve Resolution No. 08 -22 as presented. Council 175 Member O'Donnell seconded the motion. Motion carried on a voice vote. 176 177 Consideration of Resolution No. 08 -21, Approving Amendment to Met Council Livable 178 Communities Demonstration Account Grant — Community Development Director Grochala 179 explained that the City was awarded a grant from the Metropolitan Council to support housing in 180 the Legacy at Woods Edge project. There is a grant requirement related to installation of a traffic 181 signal at I -35W and deadline for said installation. The city will not be able to meet the original 4 -27- • COUNCIL MINUTES February 11, 2008 DRAFT 182 deadline but the Metropolitan Council has agreed to an extension to August 31, 2008. Staff 183 recommends approval of this arrangement. 184 185 Council Member O'Donnell moved to approve Resolution No. 08 -21 as presented. Council 186 Member Stoltz seconded the motion. Motion carried on a voice vote. 187 UNFINISHED BUSINESS 188 There was no unfinished business. 189 NEW BUSINESS 190 Approval of January 14, 2008 City Council Minutes Council Members Reinert and 191 O'Donnell were absent. 192 193 Council Member Gallup moved to approve the minutes of the January 14, 2008 City Council 194 meeting as presented. Council Member Stoltz seconded the motion. Motion carried on a voice 195 vote. Council Members Reinert and O'Donnell abstained. 196 197 There being no further business, Council Member Stoltz moved to adjourn at 8:00 p.m. Council 198 Member O'Donnell seconded the motion. Motion carried on a voice vote 199 • 200 201 202 203 204 205 206 207 208 209 210 211 These minutes were considered and approved at the regular City Council Meeting on 212 February 25, 2008. 213 214 215 216 217 Julianne Bartell, City Clerk John Bergeson, Mayor • Community Calendar— A Look Ahead February 12, 2008 through February 25, 2008 +l: Wednesday, February 13 Monday, February 18 Wednesday, February 20 Monday, February 25 4 Monday, February 25 6:30 pm, Council Chambers President's Day 6:30 pm, SMW Credit Union 700 Apollo Drive 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning City Hall Closed Comp Plan Update Council Work Session Council Meeting 5 -28- • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 1 E Michael Grochala February 25, 2008 i. Resolution No. 08 -24, Approving Change Order No. 9, Lake Drive /35W Improvement Project ii. Resolution No. 08 -25, Approving Change Order No. 10, Lake Drive /35W Improvement Project iii. Resolution No. 08 -26, Approving Change Order No. 11, 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. The center pier and north abutment have been completed. Work is currently taking place on the south abutment walls. Change Order No. 9 is a deduct for concrete materials that failed to meet the gradation requirements. This concrete was used for curb and gutter. The Mn /DOT Concrete Office has determined that the material can remain in place at a reduced price. The change order represents a credit in the amount of $300.00. Change Order No. 10 is a deduct for concrete materials that failed to meet gradation requirements. This concrete was used for the bridge abutment. The Mn /DOT Concrete Office has determined that the material can remain in place at a reduced price. The change order represents a credit in the amount of $360.00. Change Order No. 11. a portion of the south approach panel is in conflict with the new guard rail that needs to be installed. The project engineer has determined that a portion of the approach panel will need to be removed in order to construct the new guardrail. The total cost of Change Order No. 11 is $1,600.00 RECOMMENDATION: Staff is recommending approval of Resolution No. 08 -24 through No. 08 -26. ATTACHMENTS 1. Resolution No. 08 -24 2. Change Order No. 9 3. Resolution No. 08 -25 4. Change Order No. 10 5. Resolution No. 08 -26 6. Change Order No. 11 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -24 RESOLUTION APPROVING CHANGE ORDER NO. 9 LAKE DRIVE/I35W 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 /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, the aggregate test reports and material disposition forms compiled by Mn /DOT indicate that on August 23, 2007 the coarse aggregate for ready -mix concrete failed to meet the gradation requirements for Mn /DOT Specification 3137 CA -50, and WHEREAS, upon recommendation of the Mn /DOT Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.9, deducting the amount of $300.00, is hereby approved. . John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of February, 2008 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • Mn/DOT TP- 2460 -0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 9 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 terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. The aggregate test reports and material disposition forms compiled by Mn/DOT indicate that on 8 -23 -07 the coarse aggregate for ready -mix concrete supplied by AME 5 Ham Lake failed to meet the gradation requirements for Mn/DOT Specification 3137 CA -50. This concrete was used for Curb and Gutter. Upon recommendation of the Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. The dollar amount to be deducted from the Contractor's project payable monies is computed as shown below in the Estimate of Costs. Decrease - Group No. #1 @ 100% Description Deduct for Failing Gradation Lab. No. 1A =1 Q 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 ) c. May be revised if the work affected the controlling operation ( ) • ., - - _ Original to Proje , Engineer; oopies to Contractor, City of Lino Lakes, Anoka County Estimate of Costs Unit CY • Quantity Unit Price Amount 100 -$3.00 - $300.00 Total Credit this Change Order - $300.00 Issued By Project/Reside County Engineer Date Approved By: Date ate City of Lino Lakes Approved By: Anoka County Accepted By. LT) J - z.Y -E Contractor's Authorized Representative Date —32— • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -25 RESOLUTION APPROVING CHANGE ORDER NO. 10 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 /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, the aggregate test reports and material disposition forms compiled by Mn /DOT indicate that on August 20, 2007 the coarse aggregate for ready -mix concrete failed to meet the gradation requirements for Mn /DOT Specification 3137 CA -50, and WHEREAS, upon recommendation of the Mn /DOT Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.10, deducting the amount of $360.00, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of February, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: Mn/DOT TP- 2460 - 0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Depal tuient of Transportation CHANGE ORDER # 10 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 terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. The aggregate test reports and material disposition forms compiled by Mn/DOT indicate that on 8 -20 -07 the coarse aggregate for ready -mix concrete supplied by Cemstone Plant #7 & #17 Blaine failed to meet the gradation requirements for Mn/DOT Specification 3137 CA -50. This concrete was used for Bridge No. 02817 Abutment. Upon recommendation of the Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. The dollar amount to be deducted from the Contractor's project payable monies is computed as shown below in the Estimate of Costs. Decrease - Group No. #5 @ 100% Description Deduct for Failing Gradation Lab. No. 66 =5Q 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 ) c. May be revised if the work affected the controlling operation ( ) Estimate of Costs Unit Quantity Unit Price Amount CY 120 -$3.00 - $360.00 Total Credit this Change Order - $360.00 Issued By: Project/Residen • thi," it -27-0- aunty Engineer Date Approved By: City of Lino Lakes Approved By: • Anoka County Date 1-fre — Accepted By: '7) L v��filrti— J ' L2 Contractor's Authorized Representative Original to Project Engineer; copies to Contractor; City of Lino Lakes, Anoka County r -34- Date • • • • CITY OF LINO LAKES RESOLUTION NO. 08 -26 RESOLUTION APPROVING CHANGE ORDER NO. 11 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 /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, the south approach panel for Bridge No. 02817 was constructed as surveyed and is in conflict with the new guardrail that is needed to be installed, and WHEREAS, the Project Engineer has determined that a portion of the approach panel needs to be removed to install the new guardrail. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.11, in the amount of $1,600.00, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of February, 2008 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Mn/DOT TP- 2460 - 0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 11 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 terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. Due to a staking error the south approach panel for Bridge No. 02817 stage I was constructed as surveyed and now in conflict with the new guardrail that is needed to be installed. After review the Project Engineer has determined that the approach panel needs to have the portion in conflict with the new guardrail removed.. This Change Order directs the Contractor to furnish all equipment, materials and labor necessary to remove the portion of the approach panel in conflict with the new guardrail. 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: ESTIMATE OF COST Force Account Description Approach Panel Removals 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 ) c. May be revised if the work affected the controlling operation ( ) Issued By: d %ri5Resident/ ear Engineer Date Approved By Date Date Amount $1.600.00 • 11 43-0 City of Lino Lakes Approved By: Anoka County " l_ 4 Accepted By: � .,..__ �Z -fir Contractor's Authorized Representative Date 0 Original to Project Engineer; copies to Contractor, City of Lino Lakes, Anoka County • • AGENDA ITEM 1F STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: February 25, 2008 TOPIC: ACTION REQUIRED: BACKGROUND Resolution No. 08 -27, Approving Change Order No. 4, Legacy at Woods Edge Phase 2 — Streetlighting Improvements Simple Majority On April 24, 2006 the City Council awarded the Legacy at Woods Edge Phase 2 — Street lighting Improvements contract to W.H. Response. Change Order No. 4 is for repair of damage to the street lighting system caused by a lightning strike last fall. Under the terms of the contract, the contractor is not responsible for repair costs associated with "acts of God ". The total cost of Change Order No. 4 is $2,811.44. RECOMMENDATION Staff is recommending the adoption of Resolution No. 08 -27, Approving Change Order No.4 in the amount of $2,811.44. ATTACHMENTS 1. Resolution No. 08 -27 2. Change Order No. 4 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -27 RESOLUTION APPROVING CHANGE ORDER NO. 4 LEGACY AT WOODS EDGE PHASE 2 - STREETLIGHTING IMPROVEMENTS WHEREAS, pursuant to the resolution of the Council adopted April 24, 2006, awarding the construction contract for the Legacy at Woods Edge Phase 1 — Streetlighting Improvements to W.H. Response, and WHEREAS, repairs of damage to the street lighting system caused by a lightning strike are necessary to complete installation and operation of the street lighting system, and WHEREAS, under the contract provisions the contractor is not responsible for repair costs associated with "Acts of God ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that: 1. Change Order No.4 in the amount of $2,811.44 is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of February, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • SEH CHANGE ORDER • City of Lino Lakes, Minnesota January 21, 2008 OWNER DATE OWNER'S PROJECT NO. Legacy at Woods Edge - Phase 2 PROJECT DESCRIPTION 4 CHANGE ORDER NO. A- LINOL0305.03 SEH FILE NO. The following changes shall be made to the contract documents: Description: GFI — Damage caused by lightning strike • Cost of GFI $274.24 • 6 hours Electrician and Equipment $609.00 • 6 hours Foreman and Equipment $370.98 • 6 hours Laborer $237.90 • Total for this work $1,492.12 Maintenance items on Punch List that were not a craftsmanship /warranty item (see attached for more detail): • 9 hours Foreman, Laborer and Equipment $913.32 • 4 hours Electrician and equipment $406.00 • Total for this work $1,319.44 Total Cost: Purpose of Change Order. Damage caused by a lightning strike. Maintenance items on Punch List that were not a craftsmanship /warranty item $2,811.44 Basis of Cost: ® Actual ❑ Estimated Attachments (list supporting documents) Details of work completed for Change Order #4 Contract Status Original Contract Net Change Prior C.O.'s 1 to 3 Change this C.O. Revised Contract Time N/A Recommended for Approval: Short Elliott Hendrickson Inc. by Agreed to 1! C o- BY SigFtature Lighting Inc. Cost $483,135.84 $150,203.95 $2,811.44 $636,151.23 usan MEIroject Manager Approved for Owner BY City of Lino Lakes, Minnesota TITLE 7771.E Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 OkoWi nri030503Uegecyph2 constphase co#4.oc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 SEH is an equal opportunity employer 1 www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 tax -39- /18/2007 15:55 IFA/ Fax sehinc.com c 18 07 03:51p John Olson Debbie McJames Q 002/004 783- 753 -7581 p.2 SIGNATURE LIGHTING, INC 18430 Krypton Street NW Anoka, MN 55303 (763)753 -8157 (763)753 -7581 Fax CHANGE ORDER Maintenance Items and Replacement Electrical Equipment Dais: December 18, 2007 Phone: Submitted to: Work to be performed at S E H - CLy of Lino Lakes Legacy Lino Lakes. MN Project Additional Labor as banked below: Purchased and installed 16 new GFI Receptacles damaged by lightning strike. Troubleshot system to deteanine problem, purchased new GFrs, removed old and installed new GFTs. This work was pefonned on 12x512007 • Cost of GFI - $17.14 x 16 =27424 • 6 hours electrician and equipment 4609.00 • 6 hours foreman and equipment - $370.98 • 6 hors laborer - $237.90 • Total for this work - $1,49212 Maintenance Items on Punch List -these are the items we feel are not a cratismanshij warranty item. This work was performed on 11!28 and 11!28/2007. • Paimtsd several poles that were dearly not damaged by our llers (we did paint poles that had scuffs that could have been caused by us as we wired the poles) • Re-installed and re-wired The Clocks that weae ether bulty from the factory or damaged due b the lightning strike • Reinstalled contactors in service cabinets that were damaged by the tgtflnhig strike • Re4ested entire electrical system air contactors and be dodcs were reinstalled • Replaced stainless steel bob in at hand holes that was removed by the Witty beaters so they can gain quicker access to wires inside hand holes • Re aimed flood rights in roundabout after we were given direction to aim them straight up • Bilabie hours - 9 hours for the foreman, laborer and equipment- $913.32 • Billable hours - 4 hours forthe electrician and equipment $406.00 • Total for this work - $1,319.32 Total Cost $2,811.44 AI material weed as sprained and completed in a dal wodonanNce ma►nerforthe kmp sum prick as Esiad above: Payment to be made as follows; 15 days net John • ; • - President Dam December 18, 2007 The above Peres, errs and conk roes we saUsfactory and ate hereby accepted You are authorized to complete this contract as specffied Signature Name: Tee: Date of Acceptancm AGENDA ITEM 4 A_ STAFF ORIGNINATOR: Dave Pecchia MEETING DATE: February 25, 2008 TOPIC: Police Department Administrative Staffing VOTE REQUIRED: Simple Majority BACKGROUND At the January 7, 2008 and February 4, 2008 Council Work Sessions members of the Lino Lakes Police Department provided a report outlining changes proposed within the police department to provide a Community Relations Coordinator (a part time 3/4 time position) to enhance our service to the community utilizing Volunteers, Community Service Officers and a Lead Records Technician position. This proposal was designed to result in a cost savings in excess of $10,000 for the 2008 adopted Police department budget. The attached job description has been updated and the pay range has been established to reflect the value of this position to the police department and the community we serve. Based on the education, knowledge, skills and abilities of the coordinator the recommended starting wage is 53,913. The proposed salary is 75% of Step 5 which reflects the estimated starting salary of $72,000 used in the presentation at the February 4, 2008 council work session. The Community Service Officer Job Description and salary have been previously established end therefore no action is needed on these items. The Lead Records Technician position will be governed by the AFSCME bargaining unit, and the salary will not exceed the proposed amount. RECOMMENDATION Staff is recommending the council approve the proposed job description pay range, starting salary and staffing changes. ATTACHMENTS Job Description: Community Relations Coordinator Pay Range CITY OF LINO LAKES POSITION DESCRIPTION TITLE: Community Relations Coordinator DEPARTMENT: Public Safety DIVISION: Community Relations SUPERVISOR: Public Safety Director STATUS: Part- time/Exempt PRIMARY OBJECTIVE OF POSITION Works under the direction of the Public Safety Director to provide supervisory, administrative and technical support to the Community Relations Division of the Public Safety Department. The Community Relations Coordinator reports directly to the Police Chief and assumes command of the Department in the absence of the Chief and Captain for short periods of time unless otherwise directed in writing by the Public Safety Director. LESSENTIAL JOB FUNCTIONS 1. Supervises the activities of division personnel. Assigns duties, monitors outcomes of employees under his/her supervision. 2. Assists in the planning, organizing and directing of the overall operations of the division. Provides internal process and technical assistance for the Police Department. 3. Responsible for proper use, inventory and maintenance of equipment, supplies and materials assigned to division. 4. Assists in the preparation, review and administration of the division's annual budget; prepares and administers Public Safety grants. 5. Attends meetings during regularly scheduled work hours and outside regular hours as necessary; represents the department on the Public Safety Citizens Commission. 6. Coordinates, schedules, and assigns work to the clerical staff, CSO's and volunteers; assists with the selection process as directed. 7. Creates and administers the Public Safety Volunteer Program, annually establishes and monitors goals. 8. Markets the Department and its programs using a variety of media resources including Cable Channel 16, local newspaper, city newsletter, website and public presentations; updates the Public Safety website. 9. Coordinates the training and educational opportunities for volunteers and members of the public and the Community Emergency Response Team (CERT) with the Lino Lakes Public Safety Department. 10. Performs related work as assigned or apparent. KNOWLEDGE, SKILLS AND ABILITIES 1. Knowledge of effective management and supervision of employees and volunteers. 2. Knowledge of the equipment, practices, principles, methods and techniques utilized with volunteers in the police service and in modern police work. 3. Ability to prepare clear and comprehensive reports and presentations for the chief, council, or staff. 4. Knowledge of state statute and city ordinances regarding public safety practices, procedures and nuisance enforcement. 5. Knowledge of computer software, applications and hardware to include Windows _ applications, Microsoft Word, Microsoft Excel, Microsoft Office, LEADRS. 6. Knowledge of the development and administration of budgets. 7. Knowledge of the regulations concerning the distribution and retention of confidential information. 8. Ability to handle emergency and stressful situations with tact and discretion 9. Knowledge of the geography of the City. 10. Ability to work independently with minimum supervision. 11. Ability to communicate as well as establish and maintain effective working relationships with supervisors, co- workers and members of the public. REQUIRED QUALIFICATIONS 1. (Two)years experience in law enforcement, community relations, volunteer administration 2. Valid driver's license 3. Bachelors' degree in Public Administration, Criminal Justice, Public Relations or a related field. 4. Must attain Masters Degree within three years of promotion to Commander or be separated as Commander. DESIRED QUALIFICATIONS 1. Four years supervisory experience. 2. (Eight) years experience in police the environment in a variety of responsible functions as well as supervision. 3. Certified Crime Prevention Specialist. 4. Masters degree in Public Administration, Criminal Justice, Public Relations or related field. It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment policies and practices shall be non - discriminatory in compliance with federal laws, state statute and local ordinances. \\LINOGATE02 \USERS \dtesch\ Position Descriptions \Template.doc • City of Lino Lakes Community Relations Coordinator Revised 13 Feb 08 2008 80% 84% 88% 92% 96% 100% $59,904 $62,899 $65,894 $68,889 $71,884 $74,880 $28.80 $30.23 $31.67 $33.11 $34.55 $36.00 • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 25, 2008 TOPIC: Vaughan's 1st Addition 2 "d Reading of Ordinance Number 02 -08 Rezoning to R -1X (Single Family Executive) BACKGROUND Ed Vaughan has requested approval of a 1 lot residential subdivision to be known as Vaughan's 1St Addition. The subject site was previously approved for the Pheasant Hills Preserve No. 12 project which was not constructed and that approval has subsequently expired. The site was rezoned to PUD (Planned Unit Development) as a part of that project, and therefore the site must be rezoned for the development the City Council approved on February 11, 2008 with the adoption of Resolution No. 08 -22. This resolution approved the Preliminary Plat for Vaughan's 1st Addition. Along with the Preliminary Plat approval, the City Council also approved the First Reading of Ordinance Number 02 -08, rezoning the parcel to R -1X (Single Family Executives The request before the City Council at this time is the Second Reading of that same Ordinance. RECOMMENDATION Staff is recommending approval of the Second Reading of Ordinance 02 -08, approving the Rezoning of the site to R -1X (Single Family Executive). Attachments: Ordinance No. 02 -08 —41— Vaughan's 1st Addition Page 2 of 4 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 2-08 APPROVING REZONING OF CERTAIN REAL PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) TO R -1X (SINGLE FAMILY EXECUTIVE) (VAUGHANS FIRST ADDITION) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding rezoning the property described below, based on the factors listed in Section 2 of the Lino Lakes zoning ordinance: 1. The R -1X (Single Family Executive) zoning designation will allow single family development in accordance with the Comprehensive Plan designation for the site of Low Density Sewered Residential. 2. The surrounding area is similarly zoned and designated for Low Density Sewered Residential. 3. The proposed single family development has been reviewed and found to be conforming to all applicable city standards. 4. The proposed development will be accommodated with existing public services and will not overburden the City's service capacity. Municipal water and sanitary sewer are available to the site and sufficient capacity exists. 5. Traffic generated by the single family dwelling will easily be able to be handled by Ruffed Grouse Road. • • • • Vaughan's 1st Addition Page 3 of 4 Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from PUD (Planned Unit Development) to R -1X (Single Family Executive) the following property: Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota, EXCEPT that part of Outlot D, Pheasant Hills Preserve, being in the West One- half of the Northwest One - Quarter, Section 27, Township31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of the West One -half of said Northwest One - quarter, Section 27; thence North 01 degrees 00 minutes 55 seconds West along the East line of said West One -half, Northwest One - quarter, Section 27, a distance of 57.73 feet to the Southeast corner of said Outlot D for a point of beginning of the tract to be described; thence North 01 degree 00 minutes 55 seconds West, along the East line of said Outlot D, a distance of 910.02 feet; thence South 89 degrees 22 minutes 49 seconds West, a distance of 580.47 feet; thence South 01 degree 00 minutes 55 seconds East, parallel with the East line of said Outlot D, a distance of 548.90 feet; thence North 89 degrees 22 minutes 49 seconds East, parallel with the South line of said Northwest One - quarter, Section 27, a distance of 416.00 feet; thence South 01 degree 00 minutes 55 seconds East, parallel with the East line of said Outlot D a distance of 370.14 feet to the Northerly right -of -way line of C.S.A.H. No. 10 (Anoka County Right -of -Way Plat No. 11); thence North 85 degrees 24 minutes 36 seconds East along said right -of -way line a distance of 28.66 feet; thence continuing along said right -of- way line along a curve concave to the North (which has a radius of 2879.72 feet, a delta angle of 02 degrees 00 minutes 31 seconds, and an arc length of 136.02) a chord bearing and distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point of beginning. And EXCEPT the North 1100 feet of Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota. And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. —43— Vaughan's Ist Addition Page 4 of 4 Adopted by the Lino Lakes City Council this 25h day of February 2008. • John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of February, 2008. 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 ordinance was declared duly passed and adopted. • AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: February 25, 2008 TOPIC: Ordinance No. 03 -08, Approving City Code Chapter 503, Animal Control Regulations VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Staff has identified a need for a revision to the city's animal regulations in order to improve animal control within the city. Currently, animal regulations are scattered throughout various chapters of the city code. This makes it difficult for the public to find and comply with restrictions and for staff to enforce proper controls. In addition, current regulations are in need of updates and revisions. Staff has drafted a revised Chapter 503, Animal Control Regulations, that combines and improves on existing Chapters 502 (Dogs), 503 (Farm Animals), 506 (Non- Domesticated Animals) and 607 (Kennels). The amended chapter contains language from Minnesota State Statutes, the League of MN Cities Model Animal Ordinance, as well as various neighboring city ordinances to ensure that the revised regulations are thorough and up to date. Staff has worked together in an attempt to address all aspects of concern for citizens regarding animals through these updated regulations. The final draft of Chapter 503 has been reviewed by the Public Safety Department Personnel, and any changes per their request have been made. The following revisions have been incorporated into this revised chapter in an attempt to improve animal control in the city. 1. The city's existing regulations allow for the restraint of an animal by voice command. The police department has requested to remove this allowance as many animals do not follow voice command and it is in the city's best interest to be proactive to prevent bites and injuries that could be avoided. The revised ordinance will require an animal to be restrained or confined while on the owner's property, and to be controlled by a leash or in a motor vehicle while off the owner's property. This amendment can be found in Section 503.12, Prohibitions, referring to the definition of "at large." 2. Staff is aware that a number of residents currently own more than two dogs but have not been issued a kennel license. These residents are in violation of city ordinance and have unlicensed dogs. The City has received requests from property owners to make a private kennel license more attainable. Currently, a private kennel, allowing three or four dogs on a property, is allowed only on a parcel of land five (5) acres or more and requires a Conditional Use Permit. In an attempt to increase conformity and control, staff has amended restrictions for the allowance of a private kennel to a minimum of one (1) acre of land, and will no longer require residents to obtain a Conditional Use Permit. A private kennel license will be granted only after an inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances, and to ensure compliance with Chapter 503 and Chapter 1007 (Zoning Ordinance). This amendment can be found in Section 503.10, Kennel Licenses. 3. Regulations regarding dangerous and potentially dangerous animals have been revised to be consistent with MN State Statutes. This area is not thoroughly addressed in the existing ordinance. 4. Text has been added in Section 503.12 to address the keeping of pigeons, as staff has become aware that a licensed pigeon handler lives in Lino Lakes. 5. The current code contains a clause that allows farm animals to be kept as pets in residential neighborhoods. The City has received numerous citizen complaints addressing this issue. In an attempt to reduce the number of nuisance complaints, Chapter 503 has been revised to restrict that farm animals, as defined, will be prohibited in residential districts. Provisions will allow for existing animals to remain at the time of ordinance adoption. This amendment can be found in Section 503.17, Farm Animals. The adoption of revised Chapter 503 will require that certain definitions and sections be amended in Chapter 1007, Zoning Ordinance. Staff will present the amended Chapter 1007 to the council following approval of revised Chapter 503. RECOMMENDATION: Staff is recommending approval of Ordinance No. 03 -08. ATTACHMENTS 1. Ordinance No. 03 -08. • • • • • • 1st Reading: Published: 2"tl Reading: Effective: To County Recorder. Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 03-08 AMENDING THE CITY CODE BY REPEALING AND REPLACING CHAPTERS 502, 503, 506 and 607 RELATED TO ANIMAL CONTROL REGULATIONS The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by repealing and replacing Chapters 502, 503, 506 and 507 with an amended Chapter 503 to read as follows: CHAPTER 503. ANIMAL CONTROL REGULATIONS Section 503.01 Definitions 503.02 Enforcement 503.03 Right of Entry 503.04 Impounding Animals 503.05 Impounding Strays 503.06 Impounding Facility 503.07 Redeeming Animals 503.08 Disposition of Animals 503.09 License and Vaccination Requirements 503.10 Kennel Licenses: Private and Commercial 503.11 Health and Maintenance Standards 503.12 Prohibitions 503.13 Confinement in Motor Vehicle 503.14 Rabies; Animal Bites 503.15 Dangerous and Potentially Dangerous Animals 503.16 Forfeiture of Ownership Rights 503.17 Farm Animals 503.18 Wild Animals 503.19 Penalty 503.20 Exemptions 503.01 DEFINITIONS. Unless the context clearly indicates otherwise, the words and phrases below are defined for the purpose of this chapter as follows. ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: a) Domestic Animal. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting reptiles or amphibians, and other similar animals. b) Wild Animal. Any animal commonly considered to be naturally wild and not naturally trained or domesticated, or which is commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: 1. Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. 2. Any naturally wild member of the canine family (family canide) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. 3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet. 4. Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. 5. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. 6. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. • • c) Farm Animal. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. AT LARGE. An animal not under the custody and control of the owner or other person, either: a) by leash, cord, chain, or otherwise restrained or confined while on the premises of the owner; or b) confined within a private vehicle or restrained . by a leash not exceeding 6 feet in length while off the premises of the owner AUTHORIZED CITY PERSONNEL. The chief of police, law enforcement personnel, and others designated by law enforcement personnel to assist in the enforcement of this chapter. KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit - making purpose, and not solely for private enjoyment. KENNEL, PRIVATE. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. MALTREATED ANIMAL. An animal that has not been given adequate food, water, or shelter as specified in §503.11 or that has been subjected to the conduct prohibited by Minn. Stat. §343.21. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an owner or owners. PARCEL OF LAND. A contiguous tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "lot" or "lot of record." PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. PUBLIC NUISANCE ANIMAL. An animal that: a) is maintained in a manner that violates §503.11; b) by virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety or welfare; or c) has been the subject of a violation of this chapter more than two times in a 24 -month period. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. 503.02 ENFORCEMENT. The provisions of this chapter will be enforced by the chief of police, law enforcement personnel, law enforcement designees, and the assistance of other personnel when appropriate. 503.03 RIGHT OF ENTRY. Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter when there is reasonable belief that a violation of this chapter has been committed. 503.04 IMPOUNDING ANIMALS. 1. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a) they have a reasonable and immediate concern for the animal's health, safety or welfare; b) they have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or c) they have reasonable cause to believe that a violation of this chapter has occurred or is occurring and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. 2. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. • 3. The animal owner is responsible for costs for the impounding and housing of an impounded animal. 503.05 IMPOUNDING STRAYS. 1. Authorized city personnel may seize and impound an animal found at large on public property or claimed to be a stray by the occupant of the premises upon which the animal is found. 2. An impounded stray animal displaying a need for medical care may be taken to a veterinarian for emergency treatment. The owner of the animal is responsible for payment of expenses incurred as a result of the veterinarian's treatment. 503.06 IMPOUNDING FACILITY. 1. The council will designate a place as an animal impounding facility for keeping animals that are impounded by the city. 2. Each month the impounding facility will give to the city a written report showing the animals impounded, the duration of the impoundment, and the method of disposal for each animal. 503.07 REDEEMING ANIMALS. The owner of an impounded animal may redeem such animal upon payment of all impounding and /or boarding fees. Animal Owner is responsible for all assessed fees. No dog may be released unless properly inoculated for rabies and licensed by the city. 503.08 DISPOSITION OF ANIMALS. If an impounded animal is not redeemed within five business days after the required notice, authorized city personnel may give the animal away or direct the impounding facility to dispose of the animal in a humane manner. 503.09 LICENSE AND VACCINATION REQUIREMENTS: 1. License and Registration. All dogs within the City of Lino Lakes shall be licensed except the following: a) Dogs Tess than six (6) months of age; b) Dogs which are brought into the City for appearances in an animal show or trial; c) Dogs being used by law enforcement officers. 2. Limitations. No more than two dogs over six (6) months of age shall be kept on a property except as provided for in Section 503.10. 3. Vaccination Required. A person who owns, harbors or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti- rabies vaccine that is currently effective. The owner shall be responsible for revaccination of the anti- rabies vaccine upon each expiration date and return to the city for re- licensing of their dog. 4. Tag Required. A person who owns, harbors or keeps a dog over six months old within the city must securely attach the City of Lino Lakes identification tag to the dog's collar so that it can be readily seen. The identification tag must be worn by the dog at all times when it is off the owner's or keeper's property. 5. LicensingNaccination Procedures. a) Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog which has not previously been licensed by the City, the owner of the dog shall make application for a dog license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter to the City prior to the issuance of a license or renewal of a license. b) License Fee. License application must be accompanied by a non - refundable fee as established by City Council ordinance. c) Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a penalty will be applied in the amount set forth by City Council ordinance. d) Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount set forth by City Council ordinance. e) Change of Address. An applicant who has obtained a dog license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. • • • • • f) Counterfeit Certificate. A vaccination certificate is valid only for the dog and owner to which it was issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. g) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog in the City. h) Transfer of Tags. No person shall transfer a dog tag from one dog to another. i) Change of Ownership. If there is a change in ownership of the dog during the duration of the license, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 503.10 KENNEL LICENSES: COMMERCIAL AND PRIVATE. 1. General. Any person who owns, keeps, or allows the keeping of more than two dogs over six months of age on any parcel of land must first acquire a kennel license from the city. A person who owns or operates a commercial kennel or a private kennel must renew the license annually and comply with applicable requirements herein. a) An application for a private or commercial kennel license must be submitted to the police department accompanied by the fee established by City Council ordinance. b) A kennel license may be issued after an inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to ensure compliance with this chapter as well as Chapter 1007. A license may not be issued if the location does not comply with the applicable health and maintenance standards set forth below. The license may include conditions that authorized city personnel deem reasonably necessary to protect public health and safety and to protect people in neighboring property from unsanitary conditions, unreasonable noise and odors, and other unreasonable annoyances. The license or permit may be reasonably modified by authorized city personnel if necessary to respond to changed circumstances. The modification will be effective 10 days after the mailing of written notice by certified mail to the holder. c) Each dog over six months of age is required to have an individual dog license obtained by the city. d) A kennel license will be issued for a maximum of one year and will expire on May 31 of each year. A license may be revoked because of a violation of this chapter, or another relevant law, ordinance or regulation. 2. Private Kennel. A minimum of one acre of land is required to obtain a private kennel license in any zoning district. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. A private kennel license shall be limited to a maximum of four dogs. 3. Commercial Kennel. Commercial kennels shall also be subject to the provisions of Chapter 1007. 503.11 HEALTH AND MAINTENANCE STANDARDS. 1. All Animals - Health Standards. The owner of an animal kept in the city must comply with the following standards. a) An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow, and temperatures below 50 degrees Fahrenheit. b) The shelter must include a moisture proof and windproof structure of suitable size to allow the animal to stand in an upright position and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat with a solid floor raised at least two inches from the ground and an entrance covered by a flexible windproof material or self - closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. The structure shall meet the accessory building requirements as set forth in Chapter 1007. c) In lieu of the requirements of paragraphs a and b, an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding and protection against cold and dampness. d) If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved and must be attached to the animal by means of a well fitted collar. The collar must be large enough to allow free breathing but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal as measured from the tip of his nose to the base of his tail. e) A female dog in season must be confined indoors or in a secure enclosure so that she will not be in contact, except for intentional breeding purposes, with • • • • another dog or create a nuisance by attracting other animals who engage in continued barking, yelping or howling. f) An animal must be provided with sufficient food and water daily to meet adequate nutritional requirements. g) No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal to fight. h) The owner of any animal within city limits will provide veterinary care when needed to prevent suffering of any sick or injured animal. 2. All Animals — Maintenance Standards. An owner or an animal kept in the city must comply with the standards below. Before commencing an action to enforce compliance with these standards, enforcement personnel must give an owner notice of a violation and a reasonable opportunity to comply. a) An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b) An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal, onto adjacent properties or into wetlands. c) The owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph (a) above. 3. Commercial Kennels & Veterinary Hospitals. In addition to the standards established under paragraphs 1 and 2, commercial kennels and veterinary hospitals must comply with the following standards. a) Housing facilities must be structurally sound and maintained in good repair. Indoor housing facilities must be adequately ventilated and have ample light, either natural or artificial. b) An enclosure must be of sufficient size to allow each animal to turn around fully and to stand, sit and lie in a comfortable normal position. The floors of the enclosure must be constructed so as to prevent injury to the animal's legs and feet. c) The temperature for indoor housing facilities must not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. d) Disposal facilities must be provided to minimize vermin, infestation, odors and disease hazards. e) Adequate storage and refrigeration must be provided to protect food supplies against contamination and deterioration. f) The premises, cages, enclosures and housing facilities must be clean and disinfected as often as is necessary to maintain clean and sanitary conditions at all times. g) Animals must be fed at least once a day with clean, wholesome food, sufficient to meet the normal nutritional requirements for the animal's age, size and condition. h) Clean potable water must be made available to all animals at least twice daily for periods of not less than one hour. i) Feeding and water receptacles must be kept clean and sanitary at all times. j) Animals housed in the same primary enclosure must be maintained in compatible groups. Non -adult animals must not be housed in the same primary enclosure with adult animals other than their mothers. k) An animal exhibiting a vicious disposition must be housed separately. I) Females in season must not be confined in the same enclosure with males except for breeding purposes. Animals used for breeding must be of compatible size and only one male and one female may be mated at one time in a single enclosure. m) Animals affected with clinical evidence of infections, contagious or communicable disease must be separated from other animals in a manner to minimize the chance of further infection. An effective program for the control of insects, ecto parasites and other pests must be established and maintained. 503.12 PROHIBITIONS. 1. An owner must not cause or permit his /her animal to run at large within the city limits. This restriction does not apply to: a) dogs that have been specially trained and certified to perform tasks to assist people, such as handicapped assistance, police canine duties, or search and rescue. • • • • b) pigeons that have been released for limited periods necessary for exercise, training or competition provided it is not within twelve hours following a feeding. 2. An owner must not permit any animal to be on park property, city trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal as well as a container for the transport of such material to an appropriate disposal receptacle. 3. A person must not abandon an animal within the city. 4. A person must not keep, own, harbor or otherwise possess a public nuisance animal, as defined in §503.01. 5. A person must not allow an animal to create a habitual disturbance. Habitual disturbance shall be defined as howling, yelping, barking, crowing, or other kinds of noise for repeated intervals of at least three minutes with Tess than one minute of interruption that is audible off of the owners' premises. 6. A person must not permit an animal under his /her care, custody or control to damage another person's lawn, garden or other property. 7. A person must not injure, harass, or interfere with a police canine in the lawful performance of its duties, or attempt, permit or cause the same. 8. An owner of an animal must not fail to restrain the animal from inflicting or attempting to inflict bodily injury on a person at any place or on a domestic animal off the owner's property, except in the circumstances defined in Section 503.15, Subd. 3.b., Potentially Dangerous Animal. 9. A person, except police officers in the lawful performance of their duties using a police canine, must not cause or encourage an animal to engage in unprovoked attacks upon human beings or domestic animals. 10. A person must not own, possess, harbor, or train an animal for the purpose of fighting with other animals. 11. It is unlawful for an owner to sell or cause to be sold any animal without first providing the purchaser with written certification as to the origin of the animal. 503.13 CONFINEMENT IN MOTOR VEHICLE. • 1. A person must not cause or allow an animal to be placed or confined in a motor vehicle without adequate ventilation when the atmospheric temperature, humidity, and sun rays can be reasonably expected to cause suffering, disability or death. Evidence that the animal is suffering from heat stress is prima facie evidence of a violation of this section. 2. This section does not prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for that purpose. 3. Authorized city personnel who find an animal in a motor vehicle in violation of this section may break and enter into the vehicle if necessary to remove the animal. Neither the personnel nor the city will be liable for vehicle damage that results. An animal removed must be taken immediately to the animal impounding facility to be evaluated by a licensed veterinarian. The personnel must leave within the vehicle a written notice giving their name and position and the address where the animal may be redeemed. The owner of the animal is responsible for any applicable fees and all medical and housing expenses incurred. 503.14 RABIES; ANIMAL BITES. 1. A dog or animal displaying symptoms of being rabid may be seized at any place or time and will be confined in the city impounding facility at the expense of the owner, until found to be free from rabies. 2. If a dog or other animal appears to be diseased, vicious, dangerous, rabid or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be killed, if reasonably necessary for the safety of a person or persons. 3. When a dog or other animal has bitten a person and the skin has been broken or the services of a doctor are required, the owner or custodian of the biting animal and the person bitten or his /her parent or guardian must report the incident to the Lino Lakes Police Department within 24 hours of the bite. The dog or other animal must be confined for a period of not less than 10 days in a veterinary hospital or on the owner's premises, as determined by the authorized city personnel. These personnel may refuse to permit confinement on the owner's premises if the animal has previously been found repeatedly at large or if the animal does not have a currently effective rabies inoculation. If confinement on the owner's premises is permitted, the animal may not be allowed off the premises or in contact with people or other animals during the confinement period, except for medical purposes. If the owner fails to comply with these restrictions, authorized city personnel may enter onto the property, seize the animal, and remove it to a veterinary hospital. The owner is responsible for all costs of confinement incurred under this section. As a condition of releasing a confined animal, authorized city personnel may require that the animal's owner take the animal for an examination by a veterinarian and may require the owner to follow any recommendations from • • • • • the veterinarian regarding the animal's training or behavior. The authorized personnel must notify the owner of these requirements in writing. Failure to comply with a requirement is a violation of this code, punishable as a misdemeanor and /or as a civil violation. 503.15 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. 1. Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. 2. Destruction of a dangerous animal. The animal control officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this ordinance. 3. Definitions: a. A Dangerous Animal is an animal which has: i. Caused bodily injury or disfigurement to any person on public or private property; or ii. Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or iii. Exhibited unusually aggressive behavior, such as an attack on another animal; or iv. Bitten one (1) or more persons on two (2) or more occasions; or v. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. b. A Potentially Dangerous Animal is an animal which has: i. Bitten a human or a domestic animal on public or private property; or ii. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or iii. Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. c. Proper Enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: i. Have a minimum overall floor size of thirty -two (32) square feet. ii. Sidewalis shall have a minimum height of five (5) feet and be constructed of 11 -guage or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and - one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. iii. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall have no openings in the wire greater than two (2) inches. iv. An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. d. Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. • 4. Designation as potentially dangerous animal. The animal control officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in Subd. 3.b. When an animal is declared potentially dangerous, the animal control officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. 5. Evidence justifying designation. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: a. That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. b. That the animal has been declared potentially dangerous and such animal has then bitten, attached, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. 6. Authority to order destruction. The animal control officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one (1) or more of the following findings of fact: a. The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or b. The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. 7. Procedure. The animal control officer, after having determined that an animal is dangerous, may proceed in the following manner. a. The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the city council for a review of this determination. i. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. ii. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the city council, which shall set a date for hearing not more than three (3) weeks after demand for the hearing. The records of the animal control or city clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the city council shall make an order as it deems proper. The city council may order that the animal control officer take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer. iii. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. 8. Stopping an attack. If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. 9. Notification of New Address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. 503.16 DANGEROUS ANIMAL REQUIREMENTS 1. Requirements. If the city council does not order the destruction of an animal that has been declared dangerous, the city council may, as an altemative, order any or all of the following: a. That the owner provide and maintain a proper enclosure for the dangerous animal as specified in Section 503.15, Subd. 3.c. • • • • • b. Post the front and the rear of the premises with clearly visible waming signs, including a warning symbol to inform children, that there is a dangerous animal on the property, as specified in Minnesota Statute 347.51; c. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); d. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; e. If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; f. All animals deemed dangerous by the animal control officer shall be registered with Anoka County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the animal control officer. g. If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. 2. Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. 3. Reclaiming Animals. A dangerous animal seized under Subd. 2 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under Subd. 2 is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under Section 503.15, Subd. 6, and the owner is liable to animal control for costs incurred in confining the animal. 4. Subsequent Offenses. If an owner of an animal has subsequently violated the provisions under Section 503.15 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in Section 503.15, Subd. 6. If the owner is found to have violated the provisions for which the animal was seized, the animal control officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of Subd. 3. If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Section 503.15, Subd. 6 and the owner is liable to the animal control for the costs incurred in confining, impounding, and disposing of the animal. 503.16 FORFEITURE OF OWNERSHIP RIGHTS. 1. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. a public nuisance animal; b. a wild animal; and c. a maltreated animal. In addition, the ownership rights of other animals owned by the same owner may be forfeited if he /she has demonstrated an inability or unwillingness to properly care for or control the animal in order to prevent it from becoming a public nuisance animal or a maltreated animal. 2. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his /her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. 3. If the animal is deemed forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. 4. Authorized city personnel will determine on a case by case basis whether forfeited animals may be destroyed or given to new owners who will adequately care for and control the animal. 503.17 FARM ANIMALS. 1. In addition to the provisions of this chapter, the keeping of farm animals or limited livestock raising may be permitted in rural zoning districts according to the regulations of §1007. • • • • 2. An exception shall be made to this subsection for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 3. The keeping of farm animals legally existing at the adoption of this ordinance in residential zoning districts may continue to exist as to type and number of animals with the following provisions: a. the current use shall not be expanded; b. the current use shall cease if discontinued for more than a period of one year; c. a violation of any section of this chapter shall cease the current use. 503.18 WILD ANIMALS. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non - domestic animal within the City limits. Any owner of such an animal at the time of adoption of this Code shall have thirty days in which to remove the animal from the City after which time the City may impound the animal as provided for in this Section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 503.19 PENALTY. A violation of any section of Chapter 503 is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. 503.20 EXEMPTIONS. Animals used for law enforcement and fire rescue purposes in their official capacities are exempt from this chapter. Section 2. Effective Date. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with Section 3.09 of the City Charter. John Bergeson, Mayor • Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • 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 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES January 28, 2008 : January 28, 2008 . 5:50 p.m. . 6:25 p.m. : Councilmember Gallup, O'Donnell, Reinert, and Mayor Bergeson : Council Member Stoltz Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia; City Engineer, Jim Studenski; Finance Director, Al Rolek. REVIEW REGULAR AGENDA ITEMS There were no changes to the regular Council agenda. The meeting was adjourned at 6:22 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on February 25, 2008. Julianne Bartell, City Clerk John Bergeson, Mayor 1 _67_ DRAFT 411) 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : January 28, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:06 p.m. 8 MEMBERS PRESENT : Council Member Gallup, Reinert, O'Donnell 9 and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Stoltz 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Finance 14 Director, Al Rolek; City Planner, Jeff Smyser; City Planner, Paul Bengtson 15 16 PUBLIC COMMENT 17 18 There was no one present for public comment. 19 20 SETTING THE AGENDA 21 22 The agenda was approved, as presented. •23 24 CONSENT AGENDA 25 26 Council Member Gallup moved to approve the Consent Agenda. Council Member O'Donnell 27 seconded the motion. Motion carried on a voice vote. 28 29 ITEM ACTION 30 31 Consideration of Expenditures: 32 33 January 28, 2008 (Check No. 82102 through 82223), 34 $1,101,010.40; Approved 35 36 Centennial Fire District (Check No. 3081 through 37 3098), $52,197.21 Approved 38 39 Resolution No. 08 -14, Adopting guidelines and procedures 40 for the City's data practices Approved 41 42 Resolution No. 08 -16, Approving Joint Powers Agreement with 43 Circle Pines, North Road Area, Jim Studenski Approved • COUNCIL MINUTES January 28, 2008 DRAFT 44 • 45 FINANCE DEPARTMENT REPORT, AL ROLEK 46 47 Resolution No. 08 -12, Adopting Five -Year Financial Plan for 2008 -2012 — Finance Director 48 Rolek explained that he is presenting for adoption the city's Five Year plan as required by the 49 City Charter. The plan, as presented, contains all the required elements: public service program, 50 revenue program, capital improvement program and capital budget. Assumptions included in the 51 plan are based on projections and historical data and a general inflation rate of 3% is utilized for 52 most projections. The plan recognizes a period of slower than previously anticipated growth and 53 resulting tax rate impacts. The plan has been reviewed by the city council at several work 54 sessions and hearing was held on January 14, 2008 to receive public comment on the document. 55 Staff is recommending adoption of the plan at this time. 56 57 Council Member O'Donnell moved to approve Resolution No. 08 -12 as presented. Council 58 Member Gallup seconded the motion. Motion carried on a voice vote; Council Member Reinert 59 voted nay; Council Member Stoltz was absent. 60 61 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 62 63 There was no report from the Administration Department. 64 65 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA • 66 67 There was no report from the Public Safety Department. 68 69 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 70 71 There was no report from the Public Services Department. 72 73 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 74 75 Consideration of 2 "d Reading of Ordinance No. 18 -07, Vacating Portions of Two Drainage and 76 Utility Easements, Lot 9, Block 1, Oakwood View — City Planner Smyser explained that the 77 ordinance before the council for second reading would vacate two portions of a site within the 78 Oakwood View plat and is requested because construction plans have changed from a two story 79 duplex to a one story structure with a larger footprint that would encroach into the drainage and utility 80 easement. The other vacation relates to an oversight in original platting and would simply allow the 81 location of a driveway. Staff recommends approval of the request. 82 83 Ordinances approved by the council are required to be published and state law allows for a summary 84 publication when that is appropriate. 2 -69- COUNCIL MINUTES January 28, 2008 DRAFT • 85 86 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 87 Gallup seconded the motion. Motion carried on a voice vote. 88 89 Council Member Reinert moved to adopt 2nd reading of Ordinance No. 18 -07 as presented. 90 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carried as 91 follows: Yeas, 4; Nays none; Council Member Stoltz was absent. 92 93 Consideration of Resolution No. 08 -01, Approving Summary of Ordinance No. 18 -07, Jeff 94 Smyser 95 96 Council Member O'Donnell moved to approve Resolution No. 08 -01 as presented. Council 97 Member Gallup seconded the motion. Motion carried. 98 99 Consideration of 2 "d Reading of Ordinance No. 01 -08, Amending the Zoning Ordinance to 100 Establish a Time Limit for Completion of Exterior Improvements to Structures - City 101 Planner Smyser explained that the ordinance before the council for second reading would add 102 language to the Zoning Ordinance that would require that work on the exterior of a building be 103 completed within a specified period of time after the permit is issued. The Planning and Zoning 104 Board held a public hearing on the ordinance ultimately recommended its adoption. 105 106 Ordinances approved by the council are required to be published and state law allows for a summary • 107 publication when that is appropriate. 108 109 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 110 Member Gallup seconded the motion. Motion carried. 111 112 Council Member O'Donnell moved to approve 2nd reading of Ordinance No. 01 -08 as presented. 113 Council Member Reinert seconded the motion. A roll call vote was taken. Motion carried as 114 follows: Yeas, 4; Nays none; Council Member Stoltz was absent. 115 116 Consideration of Resolution No. 08 -03, Approving Summary of Ordinance 01 -08, Jeff 117 Smyser 118 119 Council Member Reinert moved to approve Resolution No. 08 -03 as presented. Council 120 Member Gallup seconded the motion. Motion carried. 121 122 Continued Public Hearing. Consideration of lst Reading of Ordinance No. 17 -07, Vacating a 123 portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park 124 Grove — City Planner Bengtson explained that the city has received a request from property 125 owners to vacate a portion of a drainage and utility easement to allow property improvements. 126 There was some concern among area property owners that the easement would worsen an existing 127 drainage problem in the neighborhood. The City Engineer has reviewed the drainage, reported 128 that the easement will not impact the situation and will address the situation in the 2008 Surface •129 Water Management program. Staff is recommending approval of the vacation. 130 3 —70— COUNCIL MINUTES January 28, 2008 DRAFT 131 Mayor Bergeson reopened the public hearing at 6:46 p.m. There was no one wishing to speak on 132 the matter. 133 134 The public hearing was closed. 135 136 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 137 O'Donnell seconded the motion. Motion carried. 138 139 Council Member O'Donnell moved to approve 1St reading of Ordinance No. 17 -07 as presented. 140 Council Member Reinert seconded the motion. Motion carried as follows: Yeas, 4; Nays none; 141 Council Member Stoltz was absent. 142 143 Consideration of Resolution No. 08 -15, Variance to allow an existing detached accessory 144 structure to encroach into the side setback, 2221 Reiling Road — City Planner Bengtson 145 reviewed the variance request of Mr. Kenneth Muehlsted, 2221 Reiling Road. The issue of a 146 insufficient setback for an accessory building on the property dates back to 1987. The current 147 variance request would allow a 4.29 foot setback where 5 feet is required. Staff is presenting 148 appropriate variance findings and is recommending approval of the request. 149 150 The Planning and Zoning Board has approved the request. 151 152 Council Member Gallup moved to approve Resolution No. 08 -15 as presented. Council Member 153 O'Donnell seconded the motion. Motion carried. 154 155 Consideration of Resolution No. 08 -13, Concurring with the MnDOT proposal to construct 156 noise walls along the north side of 35W between Sunset Rd. & Savannah Ct. — City Engineer 157 Studenski noted that staff is requesting approval of a resolution concurring with the Minnesota 158 Department of Transportation's plan to construction a noise wall in Lino Lakes. He reviewed 159 plans noting how and where trees/landscaping could be affected. The wall would be fully funded 160 by the state. A neighborhood meeting on the proposal was conducted and the wall has great 161 support. One commercial property has voiced opposition. 162 163 Council Member Reinert moved to approve Resolution No. 08 -13 as presented. Council 164 Member Gallup seconded the motion. Motion carried. 165 166 167 Approval of the November 5, 2007 Council Work Session Minutes Council Member Gallup 168 not on council 169 170 Council Member O'Donnell moved to approve the minutes of the November 5, 2007 Council 171 Work Session Minutes as presented. Council Member Reinert seconded the motion. Motion 172 carried. Council Member Gallup abstained. 173 4 —7 1 — • •174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 •195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 • COUNCIL MINUTES DRAFT January 28, 2008 Approval of December 17, 2007 Council Work Session Minutes Council Member Gallup not on council Council Member Reinert moved to approve the minutes of the December 17, 2007 Council Work Session Minutes as presented. Council Member O'Donnell seconded the motion. Motion carried. Council Member Gallup abstained. Approval of December 17, 2007 City Council Meeting Minutes Council Member Gallup not on council Council Member Reinert moved to approve the minutes of the December 17, 2007 City Council Meeting Minutes as presented. Council Member O'Donnell seconded the motion. Motion carried. Council Member Gallup abstained. Approval of January 7, 2008 Council Work Session Minutes Council Member O'Donnell absent Council Member Reinert moved to approve the minutes of the January 7, 2008 Council Work Session Minutes as presented. Council Member Gallup seconded the motion. Motion carried. Council Member O'Donnell abstained. Approval of January 14, 2008 City Council Meeting Minutes Council Members Reinert & O'Donnell absent No action taken. There being no further business, Council Member Reinert moved to adjourn at 7:06 p.m. Council Member O'Donnell seconded the motion. Motion carried. Community Calendar — A Look Ahead January 29, 2008 through February 11, 2008 4 Wednesday, January 30 4 Monday, February 4 • Monday, February 4 4 Thursday, February 7 4 Monday, February 11 4 Monday, February 11 6:30 pm, Council Chambers Environmental Board — meeting cancelled 5:30 pm, Community Room Council Work Session 6:30 pm, Library Park Board 7:00 am, Community Room EDAC 6:15 pm, Council Chambers Liquor Compliance Hearing 6:30 pm, Council Chambers Council Meeting 5 —72_ COUNCIL MINUTES January 28, 2008 DRAFT 215 These minutes were considered and approved at the regular City Council Meeting on February 216 25, 2008. 217 218 219 220 221 Julianne Bartell, City Clerk John Bergeson, Mayor 222 223 An Economic Development Authority (EDA) meeting immediately followed adjournment of the 224 regular council meeting. 6 -73-