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HomeMy WebLinkAbout01-09-2017 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, January 9, 2017 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson SPECIAL COUNCIL WORK SESSION, 5:30 P.M. Council Work Room (not televised) 1. Interview candidates for City advisory boards CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 9, 2017 (Check No. 105061 - 105213) in the amt of $580,448.43. B) Consider approval of Dec. 5, 2016 Work Session Minutes C) Consider approval of Dec. 12, 2016 Council Meeting Minutes Action Taken: Motion by Rafferty, seconded by Maher, to approve the Consent Agenda, Items 1A through 1C as presented, was adopted 2. FINANCE DEPARTMENT REPORT A) No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Annual Appointments, Jeff Karlson Action Taken: Motion by Maher, seconded by Rafferty, to approve the list of appointments as presented, was adopted B) Consider Resolution No. 17-05, Approving Location of Lino Lakes Veterans Memorial, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 17-05 as presented, was adopted (Council Members Maher and Manthey voted nay) Council Agenda -2- January 9, 2017 EXPANDED AGENDA C) Consider Six-Month Extension of Recycling Intern, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Manthey, to approve the extension as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Hiring Paid On-Call Firefighter Action Taken: Motion by Kusterman, seconded by Manthey, to approve hiring of Jason Boonstra as recommended, was adopted B) Consider Promotion of Paid On-Call Firefighter to rank of Fire Lieutenant Action Taken: Motion by Kusterman, seconded by Manthey, to approve the promotion of Mark Hokkanen as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 17-04, Approving Payment No. 5 and Final, NorthPointe 2nd Street and Utility Improvements, Diane Hankee Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-04 as presented, was adopted B) Consider Resolution No. 17-03 Approving Site Improvement Performance Agreement for Eagle Liquors (Marketplace Building B), Katie Larsen Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 17-03 as presented, was adopted C) Consider Resolution No. 17-06 Approving Site Improvement Performance Agreement for Waldoch Farm (8174 Lake Drive), Katie Larsen Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-06 as presented, was adopted D) Consider Resolution No. 17-07, Authorizing Report on Improvements, West Shadow and LaMotte Area Improvement Project, Michael Grochala Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-07 as presented, was adopted E) Consider Resolution No. 17-08, Authorizing Preparation of Wetland and Natural Resource Revolving Fund Plan, Michael Grochala Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-08 as presented, was adopted (Council Member Rafferty abstained from voting) 7. UNFINISHED BUSINESS None Council Agenda -3- January 9, 2017 EXPANDED AGENDA 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the City Council will reconvene for a special closed meeting Community Calendar – A Look Ahead January 9, 2017 through January 23, 2017 Wednesday, January 11 6:30 pm, Council Chamber Planning & Zoning Monday, January 16 CITY HALL CLOSED Martin Luther King Monday, January 23 6:00 pm, Community Room Council Work Session Monday, January 23 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, January 9, 2017 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson SPECIAL COUNCIL WORK SESSION, 5:30 P.M. Council Work Room (not televised) 1. Interview candidates for City advisory boards CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 9, 2017 (Check No. 105061 through 105213) in the amount of $580,448.43. B) Consider approval of Dec. 5, 2016 Work Session Minutes C) Consider approval of Dec. 12, 2016 Council Meeting Minutes 2. FINANCE DEPARTMENT REPORT A) No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Annual Appointments, Jeff Karlson B) Consider Resolution No. 17-05, Approving Location of Lino Lakes Veterans Memorial, Jeff Karlson C) Consider Six-Month Extension of Recycling Intern, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Hiring Paid On-Call Firefighter B) Consider Promotion of Paid On-Call Firefighter to rank of Fire Lieutenant 5. PUBLIC SERVICES DEPARTMENT REPORT No report Council Agenda -2- January 9, 2017 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 17-04, Approving Payment No. 5 and Final, NorthPointe 2nd Street and Utility Improvements, Diane Hankee B) Consider Resolution No. 17-03 Approving Site Improvement Performance Agreement for Eagle Liquors (Marketplace Building B), Katie Larsen C) Consider Resolution No. 17-06 Approving Site Improvement Performance Agreement for Waldoch Farm (8174 Lake Drive), Katie Larsen D) Consider Resolution No. 17-07, Authorizing Report on Improvements, West Shadow and LaMotte Area Improvement Project, Michael Grochala E) Consider Resolution No. 17-08, Authorizing Preparation of Wetland and Natural Resource Revolving Fund Plan, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the City Council will reconvene for a special closed meeting Community Calendar – A Look Ahead January 9, 2017 through January 23, 2017 Wednesday, January 11 6:30 pm, Council Chamber Planning & Zoning Monday, January 16 CITY HALL CLOSED Martin Luther King Monday, January 23 6:00 pm, Community Room Council Work Session Monday, January 23 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : December 5, 2016 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 9:30 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; City Planner Katie Larsen; City 13 Engineer Diane Hankee; City Clerk Julie Bartell. 14 15 1. LED Retrofit Proposal for Civic Complex - Public Services Director 16 DeGardner introduced Jeff Rutz of Meridian Energy Products who reviewed the lighting 17 replacement proposal (that was distributed) noting that it doesn’t include the council 18 chambers. There are savings in kilowatt hours as well as light costs and revenue from a 19 rebate. Mr. Rutz noted the payback on the investment is about two and a half years and 20 the lighting life is about five years. Mayor Reinert asked if a street lighting retrofit is 21 something the city should consider also and Mr. Rutz said that isn’t included at this time 22 but he suspects it would be a good idea since LED technology has improved immensely. 23 Director DeGardner commented about lighting values as well as technology that allows 24 the change in some lights without new fittings. The council further discussed the 25 frequency of replacement requirements; Director DeGardner added that with less frequent 26 replacement, there would be savings in labor costs. Mr. DeGardner added that the 27 Finance Director has verified that that there is funding available in the current budget for 28 building maintenance/facilities. 29 30 The council concurred to move forward with the project. 31 2. Rush Line Corridor Presentation by Mike Rogers, Transit Project Manager 32 for the Ramsey County Regional Railroad Authority – City Planner Larsen Mike 33 Rogers of Ramsey County for a presentation on the proposed Rush Line Corridor project. 34 35 Mr. Rogers reviewed a presentation including: 36 - the area (corridor) that was studied; 37 - Public outreach involved and how that will be used for development of a best option: 38 - Evaluation criteria by project goal; 39 - Community Engagement (over 150 events and contact) and what was learned from that 40 process; 41 - Remaining alternatives for further assessment (heavy freight rail no longer an option, 42 need access to Maplewood Mall; possible alignment with Highway 61); 43 - Review of Goals by Remaining Transit Vehicles (looked at light rail, dedicated bus 44 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 2 transit and arterial bus rapid transit): he reviewed the findings on each option, noting bus 45 rapid transit as the option identified; 46 - Recommendation is BRT on County/Rail right/of/way to White Bear Lake/Connector 47 Bus to Forest Lake; would be further refined and look to be competitive for federal 48 funding. 49 Mr. Rogers further explained that the Policy Advisory Committee directed their staff to 50 bring the concept forward seeking information and reaction. He reviewed an open house 51 schedule, presentations to city councils and pop up events at retail areas, etc. He also 52 reviewed the planned schedule for the coming months. Long term view would be 53 opening in about 2025. 54 55 Mayor Reinert noted that the line wouldn’t come into the City so this is an informational 56 review. He also confirmed that the function of the line would be subsidized as this type 57 of transportation is not self-supporting. 58 59 Council Member Manthey noted that it is good to see the comparison of the different 60 options; it’s good to see where something like light rail transit doesn’t make sense. He 61 also asked if the route would include addition of any trails and Mr. Rogers explained that 62 trail work proposed at this point would only be for movement around the city of St. Paul; 63 there is discussion in the area of White Bear Lake and Hugo also. 64 65 The Metropolitan Council provides the ridership estimates using comprehensive plan 66 information. 67 68 There was no action or direction by the council. 69 3. Utility Connection Fee – Community Development Director Grochala noted that 70 a need to look at the city’s connection fees has led staff to have a professional review. 71 The fee has been in place since 1988 and this proposes a retool. He introduced Erin 72 Heydinger of WSB & Associates and she explained how the study was done and results 73 developed. She reviewed: 74 - How fees (SAC/WAC) are charged, based on residential or commercial use; 75 - The City’s existing sewer and water connection fees, noting that all the fees are charged 76 up front but they can be assessed. 77 78 She explained an alternative connection fee option: a trunk utility fee that is collected at 79 the time of plat and based on a usage estimate; and then a WAC/SAC fee. The total of 80 those two wouldn’t be higher than existing fees and examples were shown for different 81 types of development. The commercial use change does indicate a lower fee level based 82 on charging only a connection fee. The noted benefits are more equity for a beginning 83 user, fees are proportionate to current amounts, and a more competitive structure for 84 development. 85 86 The council asked if other cities are using this system and Ms. Heydinger noted the City 87 of Hugo. Director Grochala suggested that, if the council is interested, staff would look 88 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 3 further at making a change and provide more details. He also gave an example of a 89 proposed development that would require seven SAC/WAC units at a cost of $42,000; 90 the new fee system would spread that cost. 91 92 Mayor Reinert remarked that this appears to be pro-business and he is supportive. 93 Council Member Manthey asked about the implication of not having all the fee revenue 94 up front. Director Grochala explained what analysis has been done and information 95 gained about future use and how that appears to allow a change now. 96 97 The council concurred that staff will seek more information through additional study 98 through the consultant. Council Member Maher said she’d like to see more real life 99 numbers so impacts are clear. 100 4. Water Storage Feasibility Study – Community Development Director Grochala 101 explained that based on needs and expected needs (identified in the city’s comprehensive 102 plan), staff is recommending discussion about how additional water storage will be 103 managed. At this time staff is requesting council authorization to initiate a feasibility 104 study. 105 106 Mayor Reinert asked about need. WSB & Associates representative Erin Heydinger 107 explained that, based on established standards, a city should have water stored to match 108 what is used within a single day. That number will change and so additional 109 infrastructure should be considered. Additional storage would provide for growth but 110 also increase water pressure to assist with firefighting. Currently the city has two one 111 million gallon storage (tower) facilities and is looking at an additional two million gallon 112 storage facility. Mayor Reinert asked about the sense of urgency – is there a water 113 pressure trigger figure? Ms. Heydinger noted that they look at needs, current and 114 anticipated, and the recommendation for 60 psi throughout the city. City Engineer 115 Hankee explained how the pressure is measured or estimated and how future needs (new 116 development) are considered. She further explained what a feasibility study would 117 provide (information on costs, benefits of ground versus above ground, etc.) 118 119 Director Grochala noted that planning for new storage should be done well ahead of a 120 project. The council concurred that staff will proceed to engage the consultant for 121 completion of a feasibility study. 122 123 (Not on agenda) Veterans War Memorial- Aaron Hoska, 2nd Vice Commander of 124 American Legion, Post 566 addressed the council. He discussed a letter from the Post 125 regarding the location of a memorial, noting that it would be important for architectural 126 purposes to understand the location ahead of plans. The letter was read and it expressed 127 support for a location near city hall, a site that provides the security of being adjacent to a 128 public building. Regarding discussion about the possibility of the city land near the new 129 fire station, Mr. Hoska said that while they understand that possibility, the site seems 130 further from the core of the city and somewhat less accessible. 131 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 4 132 Mr. Hoska received thanks from the council for the input from the Legion. 133 5. Public Works Space Needs Analysis and Existing Facility Audit Proposal – 134 Public Services Director DeGardner introduced Architect Quinn Hutson, CNH 135 Architects, who was requested to prepare some initial information about a public works 136 facility proposal. 137 138 Mr. Hutson reviewed his prepared report (included in the council packet). Basically a 139 proposal would include looking at current facilities, a discussion of current needs and 140 how to meet future needs. It would look at options: renovating current facilities, 141 building a new facility at the current site, and new facilities at a different site (probably 142 near the new fire station). A report would provide useful data to assist with future 143 council discussions. 144 145 Mayor Reinert asked about the cost of a feasibility study and Mr. Hutson said $11,900. 146 Director DeGardner remarked that he feels the proposal is fair. Mayor Reinert said he’s 147 most interested in hearing about improvements to the current facility; this is a small city 148 and he thinks it would be difficult to foot the bill for a new building at this time. 149 Council Member Manthey remarked that he would insist on seeing those three options 150 without favor to one. Council Member Kusterman remarked that the three options are 151 good because they all involve city owned land and that would keep costs down. Council 152 Member Rafferty added that he understands that information is good but he questions 153 what is needed at this time; he doesn’t see the city approving an expensive construction 154 project at this time. 155 156 The council concurred with proceeding with the study. 157 6. Pavement Ratings and Proposed 2017 Mill and Overlay Project – City 158 Engineer Hankee explained that every year the City updates its pavement ratings in order 159 to have good information for street maintenance project decisions. She provided a map 160 of the proposed 2017 Road Improvement Project. The rating information allows staff to 161 make recommendations for those streets that will benefit most from maintenance 162 activities. She reviewed the type of work that would be included in the maintenance 163 projects. If the council concurs with the projects proposed, staff would go forward for 164 bids. Council Member Manthey noted the north side of the city where there are many 165 streets that need work; how can residents understand the recommendations that don’t 166 include them? Engineer Hankee explained the recommendation, including the presence 167 of new development and she recommended that people should feel free to contact her 168 with any questions. 169 7. Vehicle Replacement Schedule – Administrator Karlson recalled previous 170 council discussions on this matter. Public Safety Director Swenson reported that after 171 conversations with Mr. Karlson and input from the city mechanic, he is proposing a 172 change to the replacement plan. With the mechanic’s review information, they are 173 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 5 recommending replacement of two vehicles in 2017. Two vehicles would be moved for 174 review in 2018 for potential replacement. They have adjusted the plan to reflect a five 175 year review for potential replacement on patrol vehicles and seven for other functions. 176 Council Member Maher asked if being on the list means only that the vehicle will be 177 reviewed for replacement but not automatically replaced. Mayor Reinert asked if the 178 policy reflects the 100,000 miles and sixty month replacement policy that was discussed 179 by the council; if they are covered by a warranty, why not keep them through it. 180 Council Member Rafferty noted the warranty question and it is sixty months; the City 181 could take the cars to that point and look and see if they are still good. Looking at other 182 communities he sees the cars going to at least 110,000 miles. Council Member Rafferty 183 noted that he sees a change in the amount proposed for capital purchase in the first year. 184 He then discussed the administration vehicles in the police department and asked if it 185 would make sense to have them as leased vehicles? He’s heard of some communities 186 doing it that way. Finance Director Cotton remarked that the cars are specially outfitted 187 and that could make a lease situation with return of the vehicles at a certain point 188 difficult. 189 190 Staff noted that the capital replacement plan is included in the proposed budget for 2017 191 and that triggers a capital replacement note process in January. 192 193 Mayor Reinert said he likes the proposal presented and if the city implements this new 194 policy, experience will be gained. To change the policy drastically, however, and not see 195 much savings in an eight year period doesn’t seem possible but experience will tell. 196 197 Council Member Rafferty suggested that it’s conceivable that the mileage could be higher 198 than anticipated. 199 200 Director Swenson asked what amount the city would like included for the investigation 201 vehicles in the budget forthcoming. Mayor Reinert said, with this new policy, it makes 202 sense to have a full warranty on the cars but then perhaps keep them longer. Council 203 Member Rafferty remarked that if those cars are non-intercepter, the warranty won’t be 204 five years/100,000 miles and the Chief concurred. Mayor Reinert suggested a cost 205 analysis for extending the warranty. 206 207 Administrator Karlson said staff will bring both the policy and schedule forward in 208 January. Finance Cotton said it would be appropriate to have figures (either new or used 209 but decidedly which) included in the 2017 budget. Staff will bring forward the 210 information at the next council meeting. 211 8. Finalize 2017 Budget – Finance Director Cotton reviewed the latest adjustments 212 in the budget presented (as noted in the staff report). Regarding the change from the 213 DEA Task Force assignment, Council Member Rafferty asked about how that impacts the 214 current staffing and particularly how that officer returning to the ranks could impact the 215 vacant sergeant position (could we promote one position to the sergeant position and not 216 hire an additional patrol officer?). Council Member Kusterman said he is not in favor of 217 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 6 rolling off an officer and he has expressed that already; this community values the 218 services of the department and the pro-active nature of the department. Council Member 219 Rafferty suggested discussion a reduction at the sergeant level. Mayor Reinert remarked 220 that changing the model that the department uses could be discussed but he believes that 221 requires a certain level of data that isn’t present at this meeting. 222 223 Mayor Reinert asked Chief Swenson to explain the $220,000 increase in the department 224 budget. Staff said it is mainly personnel – steps, wage increases and insurance costs. 225 226 Mayor Reinert asked for a run-down on the Fire Department budget. He sees a drop 227 from 2016 to 2017. Ms. Cotton said the reduction primarily relates to the one-time 228 contribution to the pension plan in 2016; in 2017 that is picked up by fire state aid. The 229 offset between the reduction and the amount of that state aid contribution was explained 230 as uniform costs (turn-out gear) for three firefighters and contracted services Mayor 231 Reinert asked that staff keep the gear available for future use in case they properly fit 232 another employee in the future. Staff explained the increase in the PERA line item as an 233 incorrect estimate that didn’t include certain wages. 234 235 Mayor Reinert remarked that he’d like staff to give a presentation next month on the 236 Cartegraph system; in particular he’d like to see what the system does and what it can do 237 and the path to use it best for this city. 238 239 Ms. Cotton reviewed the additional information in the report, including an updated gap 240 analysis, questions posed at the last review and the tax rate result. 241 242 Council Member Rafferty noted the new positions included in the budget – the .6 FTE 243 position in Public Services, the .5 FTE position in Finance and a new Police Department 244 CSO position. 245 246 Mayor Reinert noted that revenues appear to be going up by $300,000+ and he asked for 247 an explanation. Director Cotton explained that the figures are driven by the past use of 248 fund balance. 249 250 The council will consider adoption of the budget at the next regular council meeting. 251 9. Advisory Board Appointments - Administrator Karlson reviewed the written 252 staff report. It would be appropriate to schedule a date to interview applicants. He noted 253 that only the Planning and Zoning Board has more applicants than open positions. 254 255 The council will interview for open positions in January, prior to the first council meeting 256 in January (5:30 p.m.). Staff will update the council at the January work session. 257 10. Council Updates on Boards/Commissions – The council had no updates. 258 CITY COUNCIL SPECIAL WORK SESSION December 5, 2016 DRAFT 7 11. Monthly Progress Report – Administrator Karlson reviewed the written report. 259 260 Regarding the veteran’s memorial project, Council Member Maher stated that she doesn’t 261 feel that the memorial is as important as using limited city resources for services to city 262 residents. Council Member Manthey added that he is still interested in hearing more 263 about possible locations; on the budget he thinks that funds are tight and must be 264 carefully used and perhaps a dual purpose situation makes sense. Mayor Reinert 265 remarked that there’s been discussion about providing some funding to start and then 266 seeking donations. Council Member Kusterman said he’s okay with locating the 267 memorial at city hall. Council Member Maher said she’d rather provide tangible services 268 to veterans rather than a memorial; location wise, if the project moves forward, she’s 269 okay with the city hall location. 270 271 Mayor Reinert said he hears consensus for the location at city hall and he’d like to see 272 some movement forward. Council Member Rafferty said the key to the project is to get it 273 done right. The council asked staff to provide basic information on the site as a basis to 274 start on the project. 275 12. I-35W North Corridor Project update - Community Development Director 276 Grochala noted that the time for the city to provide an official response has passed. 277 Mayor Reinert said he’d like to see it on the agenda so the city states its position and that 278 can be passed on to the state. 279 Review Regular Agenda - The regular agenda of December 12, 2016 was reviewed. 280 The meeting was adjourned at 9:30 p.m. 281 282 These minutes were considered, corrected and approved at the regular Council meeting held on 283 January 9, 2017. 284 285 286 Julianne Bartell, City Clerk Jeff Reinert, Mayor 287 288 COUNCIL MINUTES December 12, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : December 12, 2016 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 8:00 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Director of Public Safety John Swenson; Director of Finance Sarah Cotton; City Engineer 13 Diane Hankee; Director of Public Services Rick DeGardner; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 SPECIAL CEREMONY 24 25 Certificate of Recognition – Jayson Eisch, for Attaining the Rank of Eagle Scout 26 Promotion Recognition – Deputy Public Safety Director Kyle Leibel and District Fire Chief Jeff Frid 27 28 CONSENT AGENDA 29 30 Council Member Kusterman moved to approve the Consent Agenda, as amended. Council Member 31 Rafferty seconded the motion. Motion carried unanimously. 32 33 ITEM ACTION 34 35 Consideration of Expenditures: 36 37 December 12, 2016 (Check No. 104993 – 38 105060, $232,303.59) Approved 39 40 November 28, 2016 Work Session Minutes Approved 41 42 November 28, 2016 Council Minutes Approved 43 44 November 14, 2016 Budget Work Session Minutes Approved 45 COUNCIL MINUTES December 12, 2016 DRAFT 2 46 November 7, 2016 Work Session Minutes Approved 47 48 Resolution No. 16-159, Approving a Comprehensive 49 Sign Plan Amendment for Spirit Hills Center (6501-6511 50 Ware Road) Approved 51 52 Council Member Maher clarified that Resolution No. 16-159 will not cause any businesses or sign 53 holders additional to face additional regulations. 54 55 Resolution No. 16-160, Approving Transfers for Partial 56 Installment Payment on Interfund Loan for Recreation 57 Complex Approved 58 59 FINANCE DEPARTMENT REPORT 60 61 2A) Consider Resolution No 16-161, Rescinding Resolution No. 16-85 – Finance Director Cotton 62 explained that the resolution will rescind the council’s previous action relative to an annual contribution 63 for capital purchases and will outline the council’s new commitment in that area. 64 Council Member Kusterman moved to approve Resolution No. 16-161 as presented. Council Member 65 Maher seconded the motion. Motion carried on a voice vote. 66 2B) Public Hearing – 2016/17 Property Tax Levy and 2017 Budget – Finance Director Cotton 67 noted the public hearing requirement and request to approve next year’s budget and accompanying 68 actions. 69 She reviewed a PowerPoint presentation that outlined: 70 - the proposed tax levy, including reductions since approval of a preliminary budget in September; 71 - a graphical depiction of changes in the city tax levey over the past years; 72 - the tax rate over the last five years; 73 - how property taxes are distributed between the school, county, and other jurisdictions as well as the 74 city; 75 - how property taxes are computed and impact on a median value home, including market value 76 exclusion provision; 77 - a comparison of the city’s tax rate to other Anoka County cities; 78 - a review of the process used by staff and the council to prepare a budget; 79 - what is included in the proposed budget, including new positions; 80 - an overview of revenues and expenditures; 81 - the water and sewer operating budgets, including the need for a rate study going forward; 82 - the general cost of city services. 83 84 Council Member Manthey noted the Metropolitan Council increase in sewer charges and asked if the 85 increase is in line with historical increases; Ms. Cotton said yes. 86 COUNCIL MINUTES December 12, 2016 DRAFT 3 Council Member Rafferty asked about the fund balance that remains and Ms. Cotton assured the council 87 the city’s fund balance will remain at fifty percent or greater, the amount established as a minimum by 88 city policy. 89 Mayor Reinert opened the public hearing. 90 There being no one present wishing to speak, the public hearing was closed. 91 i) Consider Resolution No. 16-162, Adopting the Final 2016 Tax Levy, Collectible in 2017 - 92 Finance Director Cotton explained that Minnesota law requires the city to adopt and certify it’s tax levy 93 by December 28th of each year. She noted that the council has reviewed the city’s proposed levy and 94 she is requesting approval. 95 Council Member Rafferty noted the difference between this year’s and last year’s levy, noted to be an 96 increase of 4.78 percen. 97 Mayor R einert remarked that the work was thorough and good for the coming year’s budget. He 98 believes the council has been very fiscally responsible in year’s past and again this year. He still has 99 some concern about the Police Department. There was an increase in the Public Safety budget because 100 of the addition of fire services that relates to start up costs last year. Now he is concerned that the 101 Police Department element of the budget is going up another six percent, an average of 8 percent a year. 102 He is hoping to be able to address the situation by opening discussion with the council to call for no 103 increase in the Public Safety Department budget in 2018. With agreement of that discussion, he is 104 comfortable moving forward. 105 Council Member Maher said that would be an admirable way to go but she would be concerned if it 106 resulted in any decrease in the services of the Public Safety Department. 107 Council Member Kusterman said he sees no harm in discussion although he wouldn’t be comfortable 108 commiting at this point. The city is growing and he wouldn’t want to see the services diminished in any 109 way. There is a balancing act of expenditures versus public safety. 110 Council Member Rafferty said he is intrigued by the suggestion of limiting the budget and noted his 111 discomfort with where the budget is at. But also that he is taxed at trying to move any further in 112 decreasing the budget. He’s interested in options to look more in the future. He’s willing to commit to 113 the statement. 114 Council Member Manthey said he can’t commit to a 2018 budget at this time; it would be short sighted. 115 He feels the council normally has lots of discussion about the city budget and will continue that next 116 year. 117 Mayor Reinert said he cannot support an eight percent increase; the amount of increase over the past 118 few years is not satisfactory to him. He is not criticizing the department at all or the level or service; he 119 just likes to do a lot with a little and eight percent increases every year is not sustainable. 120 Council Member Kusterman, on the budget, thanked Ms. Cotton for her work. The budget is a key 121 element of the council’s work and at the end of the day he feels collectively the council and staff did a 122 good job in continuing the work of the city and services provided. 123 Council Member Manthey moved to approve Resolution No. 16-162 as presented. Council Member 124 Kusterman seconded the motion. Motion carried on a voice vote. 125 COUNCIL MINUTES December 12, 2016 DRAFT 4 ii) Consider Resolution No. 16-163, Adopting the Final 2017 General Fund Operating Budget 126 Finance Director Cotton explained that the city is also required to adopt an operating budget for the 127 coming year. Staff is recommending adoption of the resolution outlining the city’s General Fund 128 operating budget for the coming year. 129 Council Member Maher moved to approve Resolution No. 16-163 as presented. Council Member 130 Manthey seconded the motion. Motion carried on a voice vote. 131 132 iii) Consider Resolution No. 16-164, Adopting the 2017 Water and Sewer Operating Budgets- 133 Finance Director Cotton explained that it has been past practice of the city to adopt these budgets by 134 formal resolution. 135 Coucnil Member Maher moved to approve Resolution No. 16-164 as presented. Council Member 136 Manthey seconded the motion. Motion carried on a voice vote. 137 138 iv) Consider Resolution No. 16-165, Adopting the 2017 Recreation Fund Budget- Finance 139 Director Cotton noted the council’s review of this budget and staff’s recommendation to approve. 140 Council Member Kusterman moved to approve Resolution No. 16-165 as presented. Council Member 141 Maher seconded the motion. Motion carried ona voice vote. 142 143 C) Consider Resolution No. 16-166, Canceling the 2016/2017 Debt Service Tax Levy for 144 Taxable G.O. Improvement Refunding Bonds, Series 2016B - Finance Director Cotton explained 145 that the city issued bonds previously that were recently refunded (for the Legacy at Woods Edge 146 project). Staff has looked at those bonds and fund availability and recommends that the debt service 147 levy can be cancelled. 148 Council Member Maher moved to approve Resolution No. 16-166 as presented. Council Member 149 Rafferty seconded the motion. Motion carried on a voice vote. 150 D) Consider Resolution No. 16-167, Amending the 2016 General Operating Budget - Finance 151 Director Cotton explained that the resolution amends the 2016 operating budget after staff has analyzed 152 that budget and proposes necessary amendments. Based on today’s information, the city is looking at 153 pretty much a break-even scenario. 154 Council Member Kusterman moved to approve Resolution No. 16-167 as presnted. Council Member 155 Manthey seconded the motion. Motion carried on a voice vote. 156 157 E) Consider Resolution No. 16-168, Committing Specific Revenue Sources in Special Revenue 158 Funds - Finance Director Cotton explained that the resolution provides for the required commitment of 159 certain revenue resources as required. 160 Council Member Rafferty moved to approve Resolution No. 16-168 as presented Council Member 161 Maher seconded the motion. Motion carried on a voice vote. 162 163 F) Consider Approval of Public Safety Department - Police Division Vehicle Replacement 164 Policy and 2017 Replacement Schedule - Finance Director Cotton noted the council’s many 165 COUNCIL MINUTES December 12, 2016 DRAFT 5 discussions about vehicle replacement. Staff is now presenting a policy as developed and requested 166 by council. 167 168 Mayor Reinert asked why the schedule is included in the policy; he is concerned that it becomes more 169 permanent rather than if it were just incorporated within the yearly budget. He requests that it be 170 removed from the policy and included in the budget. Ms. Cotton concurred that staff would make 171 that change although it was intended that the schedule would be considered each year. 172 173 Council Member Rafferty noted his concern about verbage identifying certain standards as a 174 guideline. He also likes the idea of having a policy separate from the actual replacement schedule. 175 176 Council Member Kusterman said he understands the concern about the schedule inclusion and 177 wonders if the schedule could just be called a guideline. 178 179 Council Member remarked that there may not be an urgency to pass it at this point. Is there more 180 discussion time possible? 181 182 Administrator Karlson said it can be brought back to a future work session. There is no urgency in 183 passing this now. 184 185 Council Member Manthey said he appreciates the effort of staff in putting this together to this point. 186 He’s okay moving it back for more discussion and looks forward to finalizing it. 187 188 Council Member Rafferty moved to refer the matter to the January council work session. Council 189 Member Kusterman seconded the motion. Motion carried on a voice vote. 190 191 ADMINISTRATION DEPARTMENT REPORT 192 193 3A) Consider Resolution No. 16-169, Establishing 2017 Compensation Plan for Non-Union 194 Employees, - Administrator Karlson explained that the resolution will establish an updated 195 compensation plan for the city’s non-union employees. He noted contracts for the city’s union 196 employees that are already in place for the coming year. 197 198 Council Member Rafferty noted that this will be the first time this compensation schedule is being 199 considered with union contracts in place for the coming year. 200 201 Council Member Kusterman moved to approve Resolution No. 16-169 as presented. Council 202 Member Manthey seconded the motion. Motion carried on a voice vote. 203 204 PUBLIC SAFETY DEPARTMENT REPORT 205 206 4A) Consider Hiring Paid On-Call Firefighter – Public Safety Director Swenson asked the 207 council to approve the hiring of Craig Menne, an experienced firefighter who recently moved into the 208 city. This individual has undergone an extensive hiring review and process and Director Swenson 209 said he is recommending that he be hired. 210 COUNCIL MINUTES December 12, 2016 DRAFT 6 211 Council Member Manthey noted his work with Mr. Menne in the past; he is glad to hear that he is 212 coming aboard. 213 214 Council Member Rafferty moved to approve the hiring of Craig Menne as recommended. Council 215 Member Manthey seconded the motion. Motion carried on a voice vote. 216 217 PUBLIC SERVICES DEPARTMENT REPORT 218 219 5A) Consider Resolution No. 16-171, Approving LED Retrofit Project for Civic Complex – 220 Public Services Director DeGardner explained that the resolution authorizes staff to proceed with a 221 retrofit project for lighting at the city hall complex. He reviewed the benefits of proceeding with this 222 project, including monetary gains and a utility grant that will be included. Funding for the project is 223 currently available in the city budget. 224 Mayor Reinert noted the sensibility of proceeding with this upgrade project and he offered thanks to 225 Mr. Rutz, a city resident and businessman, for bringing this opportunity forward to the city. Council 226 Member Manthey noted that the project does not include fixtures and that is a big savings. 227 Council Member Manthey moved to approve Resolution No. 17-171 as presented. Council Member 228 Kusterman seconded the motion. Motion carried on a voice vote. 229 5B) Consider Resolution No. 16-172, Approving Public Works Space Needs Analysis and 230 Existing Facility Audit Proposal - Public Services Director DeGardner reviewed his written report 231 requesting approval to retain services to prepare an audit of the city’s public works facility. He 232 reviewed the history of the facility and the approaches that will be considered as part of the study. 233 Mayor Reinert said he will be very interested in gaining information on this subject. 234 Council Member Rafferty noted that earlier in the year, the council received a report on roof 235 replacement at part of the facility. 236 Council Member Manthey remarked that not only will the city be looking at a better facility but will 237 be able to consider the best location. 238 Council Member Rafferty moved to approve Resolution No. 16-172 as presented. Council Member 239 Maher seconded the motion. Motion carried on a voice vote. 240 5C) Consider Resolution No. 16-176, Awarding Contract for the Installation of Two Air 241 Conditioning Systems at the Civic Complex - Public Services Director DeGardner reviewed his 242 written report outlining the council’s approval of the air conditioning improvements, the concept of 243 purchasing the units and having them installed, and the proposal to select a contractor for the 244 installation. Council Member Rafferty asked about the contractor’s experience and Mr. DeGardner 245 noted their experience right here at city hall. 246 Council Member Manthey moved to approve Resolution No. 16-176 as presented. Council Member 247 Kusterman seconded the motion. Motion carried on a voice vote. 248 249 250 251 COUNCIL MINUTES December 12, 2016 DRAFT 7 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 252 253 6A) Consider Resolution No. 16-173, Accepting Quotes and Awarding Contract, 2016 Surface 254 Water Management Project and Establishing a Surface Water Maintenance Fund – City 255 Engineer Hankee noted the city’s annual Surface Water Maintenance Fund contract action. Staff is 256 also asking the council to approve establishment of a surface water maintenance fund. 257 Council Member Rafferty asked about the contractor’s experience and Ms. Hankee noted previous 258 work. Additionally, their quote is under the engineer’s estimate. 259 Council Member Rafferty moved to approve Resolution No. 16-173 as presented. Council Member 260 Maher seconded the motion. Motion carried on a voice vote. 261 6B) Consider Resolution No. 16-170, Relating to the I-35W North Corridor Improvement 262 Project - Community Development Director Grochala reviewed his written report providing the 263 council with information on the status of the I-35W improvement project. He recalld that the council 264 elected to not take any action on the project and therefore the project moved forward under MnDOT’s 265 normal process. The information presented in the resolution lays out the council’s previous 266 consideration and current intent. 267 Mayor Reinert thanked staff for putting the action together; he fells it is important to clarify the city’s 268 position. 269 Council Member Rafferty moved to approve Resolution No. 16-170 as presented. Council Member 270 Kusterman seconded the motion. Motion carried on a voice vote. 271 6C) Consider Resolution 16-174, Authorizing Preparation of a Feasibility Study for Water 272 Storage - City Engineer Hankee reported that staff requests authorization to proceed with a feasibility 273 study for water storage. She noted the cost and proposed funding source. 274 Council Member Manthey moved to approve Resolution No. 16-170 as presented. Council Member 275 Kusterman seconded the motion. Motion carried on a voice vote; Council Member Rafferty abstained 276 from voting. 277 6D) Consider Resolution 16-175, Authorizing the Preparation of Plans and Specifications, and 278 Ordering the Project, 2017 Mill and Overlay - City Engineer Hankee reviewed the written staff 279 report. Staff requests authorization to prepare the plans and specifications necessary to proceed with a 280 mill and overlay project in the coming year. She reviewed the location of streets that are proposed to 281 be included in next year’s project. 282 Council Member Kusterman moved to approve Resolution No. 16-175 as presented. Council Member 283 Manthey seconded the motion. Motion carried on a voice vote. 284 285 UNFINISHED BUSINESS 286 287 There was no Unfinished Business. 288 289 NEW BUSINESS 290 291 There was no New Business. 292 COUNCIL MINUTES December 12, 2016 DRAFT 8 293 COMMUNITY EVENTS 294 295 BREAKFAST WITH SANTA will be held at Lino Lakes Senior Center on December 17, 2016 from 296 8:30 a.m. to 10:30 a.m. For more information call 651-982-2445. 297 298 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, December 17 299 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 300 301 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF is located at Lino Lakes City Hall. 302 Collection of toys and food for the upcoming holiday will serve folks right here in our community. 303 For more information, please contact Lisa at 651-982-2424. 304 305 COMMUNITY CALENDAR 306 307 Community Calendar – A Look Ahead 308 December 12, 2016 through December 27, 2016 309 Wednesday, December 21 6:30 pm, Environmental Board Council Chambers 310 Friday December 23 City Hall Closed Holiday 311 Monday, December 26 City Hall Closed Holiday 312 313 ADJOURN 314 315 There being no further business, Council Member Kusterman moved to adjourn at 8:00 p.m. Council 316 Member Manthey seconded the motion. Motion carried on a voice vote. 317 318 These minutes were considered and approved at the regular Council Meeting, January 9, 2017. 319 320 321 322 323 Julianne Bartell, City Clerk Jeff Reinert, Mayor 324 325 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: January 9, 2017 TOPIC: Annual Appointments VOTE REQUIRED: 3/5 INTRODUCTION Below is a list of annual appointments the City Council considers every year. RECOMMENDATION Approve 2017 appointments as listed below. 2016 2017 1. Acting Mayor Rob Rafferty 2. Legal Newspaper Quad Community Press Quad Community Press 3. Legal Services Barna, Guzy & Steffen Kennedy & Graven Ratwik, Roszak & Maloney Geck, Duea & Olson Barna, Guzy & Steffen Kennedy & Graven Ratwik, Roszak & Maloney Geck, Duea & Olson 4. Labor Services Barna, Guzy & Steffen Riley, Dettman & Kelsy Springsted, Inc. Barna, Guzy & Steffen Riley, Dettman & Kelsy Springsted, Inc. 5. Fiscal Agent Springsted, Inc. Springsted, Inc. 6. Assessor Anoka County Anoka County 7. North Metro Telecommunications Committee Melissa Maher Melissa Maher 8. Vadnais Lake Watershed District Rob Rafferty Rob Rafferty 9. County Corrections Program John Swenson John Swenson 10. Joint Law Enforcement Council Michael Manthey John Swenson Michael Manthey John Swenson 11. Anoka County Fire Protection Council (New) Jeff Reinert, Bill Kusterman John Swenson Jeff Reinert, Bill Kusterman John Swenson 12. City Depositories First Resource Bank LMC 4M Fund Wells Fargo Securities Wells Fargo Advisors US Bank RBC Capital Markets Morgan Stanley F&M Bank Others as needed First Resource Bank LMC 4M Fund Wells Fargo Securities Wells Fargo Advisors US Bank RBC Capital Markets Morgan Stanley F&M Bank Others as needed 13. City Treasurer Sarah Cotton Sarah Cotton 14. City Engineer WSB & Associates WSB & Associates 15. Data Practices Officer Julie Bartell Julie Bartell 16. City Auditor Clifton Larson Allen Tautges, Redpath 17. Twin Cities Gateway Jeff Karlson Jeff Karlson 18. Anoka Co./Blaine Airport Advisory Commission Dean Quimby Dean Quimby 19. Hearing Officer John Swenson Rick DeGardner (alternate) John Swenson Rick DeGardner (alternate) 20. Local Board of Appeal & Equalization Training Bill Kusterman Bill Kusterman 21. Secretarial Services TimeSaver, Inc. TimeSaver, Inc. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: January 9, 2017 TOPIC: Resolution Approving Location of Veterans Memorial VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to adopt Resolution No. 17-05, approving the location of a Veterans Memorial. BACKGROUND After much discussion about where the best location would be for a Veterans Memorial, the City Council and officers of the American Legion agree that the most preferred site is the island in front of city hall. During the January 3rd work session, the Council directed me to draft a resolution that affirms the city hall location as the preferred option. RECOMMENDATION Adopt Resolution No. 17-05, approving the placement of the Veterans Memorial in front of city hall. ATTACHMENTS Resolution No. 17-05 CITY OF LINO LAKES RESOLUTION NO. 17-05 RESOLUTION APPROVING LOCATION OF LINO LAKES VETERANS MEMORIAL WHEREAS, a Veterans Memorial is being proposed in Lino Lakes to honor all those who have served or are serving our country in the military; and WHEREAS, the City Council and Officers of American Legion Post 566 are committed to constructing a Veterans Memorial in Lino Lakes; and WHEREAS, the American Legion expressed that its preferred location is the island in front of City Hall. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes does hereby support the construction of a Veterans Memorial on the island in front of City Hall, and wishes to engage an architect to design the memorial for this location. Adopted by the Council of the City of Lino Lakes this 9th day of January 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Karissa Henning, Human Resources Manager MEETING DATE: January 9, 2017 TOPIC: Internship Extension for Recycling Intern VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to extend Nan Jia’s Recycling Intern position for an additional six months. BACKGROUND Nan Jia’s six-month internship will be ending on January 13, 2017. The Recycling Intern is a temporary position that works 32 hours a week at $12.00 an hour. This position is funded through the Anoka County SCORE Grant program. RECOMMENDATION Approve the six-month internship extension for Nan Jia through July 13, 2017. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: January 9, 2017 TOPIC: Hire Paid On-Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to hire a paid on-call firefighter. BACKGROUND As directed by Council Resolution 14-50 staff is integrating fire operations into the Public Safety Department. Staff has been engaged in a fire recruiting and hiring process for paid on- call firefighter candidates as part of the integration process. The hiring process has been extensive including an interview process, background investigation, medical examinations, and drug screen. This process has identified candidates that will continue the Public Safety Department’s proud tradition of delivering high quality services to the Lino Lakes Community. RECOMMENDATION Staff recommends the Council approve the hiring of Jason Boonstra for the position of paid on-call firefighter effective January 9, 2017. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: January 9, 2017 TOPIC: Paid On-Call Fire Lieutenant Promotion VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to promote POC Firefighter Mark Hokkanen to the rank of POC Fire Lieutenant. BACKGROUND On December 1, 2016, POC District Chief Jeff Frid was promoted which created a vacancy at Fire Station #2 for one POC Fire Lieutenant. This promotional process has been extensive and has identified POC District Chief candidates that will continue the proud tradition of providing high quality public safety services. Staff is recommending the promotion of Mark Hokkanen to POC Fire Lieutenant. Mr. Hokkanen is currently a POC Firefighter with our organization and has served as a POC firefighter with the Spring Lake Park, Blaine, Mounds View (SBM) Fire Department. Mr. Hokkanen has 11 years of experience in fire suppression and fire prevention; and is a member of the North Metro Hazardous Materials Response Team. The 2017 Approved Budget is funded for 4 POC Fire Lieutenant positions. If approved this promotion will bring the Public Safety Department to full staffing of 4 POC Fire Lieutenants. RECOMMENDATION Staff recommends the Council approve the promotion of Mark Hokkanen to POC Fire Lieutenant effective January 10, 2017. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: January 9, 2017 TOPIC: Consider Resolution No. 17-4, Approving Payment No. 5 and Final, NorthPointe 2nd Street and Utility Improvements VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council authorization to finalize the NorthPointe 2nd Street and Utility Improvement Project. BACKGROUND The NorthPointe 2nd Street and Utility Improvement Project was completed in response to a petition from Emmerich Construction Inc., the property owner and developer of Northpointe. The project included extending municipal utilities and roadways along Palm Street and 21st Avenue. The contract was in the amount of $839,590.07 and the final value earned by the contractor for this project is $775,559.76. The final payment to Kuechle Underground Inc. is for $63,984.91. This project was funded through assessments to Emmerich Construction Inc. RECOMMENDATION Approve Resolution No. 17-4, Approving Payment No. 5 and Final, NorthPointe 2nd Street and Utility Improvements in the amount of $63,984.91 to Kuechle Underground Inc. ATTACHMENTS 1. Resolution 17-4 2. Pay Request No. 5 & Final CITY OF LINO LAKES RESOLUTION NO. 17-4 APPROVING PAYMENT NO. 5 AND FINAL FOR THE NORTHPOINTE 2ND STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to resolution 14-122 of the Council adopted October 13, 2014, awarding the contract for the NorthPointe 2nd Street and Utility Improvement project to Kuechle Underground Inc. WHEREAS, a complete summary of costs are detailed in Payment No. 5 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No. 5 (Final) is approved for a final contract amount of $775,559.76. Adopted by the Council of the City of Lino Lakes this 9th day of January, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen MEETING DATE: January 9, 2017 TOPIC: Consider Resolution No. 17-03 Approving Site Improvement Performance Agreement for Eagle Liquors (Marketplace Retail Building B) VOTE REQUIRED: 3/5 BACKGROUND Galleon, LLC received administrative site plan approval for a proposed retail building (liquor store) and potential restaurant in Marketplace on Apollo Drive. The master site plan for Marketplace refers to this location as Retail B and is located north of Subway and east of Dairy Queen. Per Section 1007.020 Site and Building Plan Review: (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. (5) Performance Standards. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. The attached Site Improvement Performance Agreement addresses the site improvements for the building and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution No. 17-03. ATTACHMENTS 1. Site Location Map 2. Resolution No. 17-03 3. Site Improvement Performance Agreement 0 200 400100 Feet §¨¦I-35W 700700 706706 717717 633633 76857685 730730610610 76617661 76417641 625625 601601 76917691 76817681 76717671 709709 76757675 733733 698698 675675 700700 749749 701701609609 MARKET PLACE DR MARKET PLACE DR AAPPOOLLLLOODDRR APOLLO DRAPOLLO DR Site Location & Aerial MapEagle Liquors/Retail B µ CITY OF LINO LAKES RESOLUTION NO. 17-03 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH GALLEON, LLC WHEREAS, the City has completed the review of the site and building plans for a retail building and potential restaurant located in Marketplace on Apollo Drive; and WHEREAS, the parcel is legally described as: Lot 3, Block 1, Lino Lakes Market Place; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Galleon, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of January, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Eagle Liquors Site Performance Agreement page 1 of 9 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2017, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Galleon, LLC (Developer). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the day of ________, 2017, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 3, Block 1, Lino Lakes Market Place NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior Eagle Liquors Site Performance Agreement page 2 of 9 building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. Grading & Storm Sewer $35,000 2. Utilities $10,000 3. Pavement & Sidewalk $20,000 4. Irrigation $6,500 5. Erosion Control $2,000 6. Landscaping $15,000 Total Estimated Cost of Developer Improvements $88,500 Security Requirement (Total * 35%) $30,975 III. RECORD DRAWINGS A record drawing that includes an as-built survey of grading, storm water BMP’s (ponds, rain gardens, trenches, swales, etc.) is to be submitted to the City for verification of compliance with the approved plans. A hard copy and an electronic copy of the record drawing must be submitted. IV. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Eagle Liquors Site Performance Agreement page 3 of 9 Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: Eagle Liquors Site Performance Agreement page 4 of 9 1. Site Plan Review Fee $1,500 2. Administration (Legal, Engineering, Planning, and Contract administration) $4,500 3. Sanitary Sewer Trunk Unit Fee (2 units @ $3,073 per unit) $6,146 4. Water Trunk Unit Fee (2 units @ $4,069 per unit) $8,138 5. Surface Water Management Fee (paid with Lino Lakes Market Place) $0 Total Estimated (Budget) Costs for Escrow Account $20,284 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time Eagle Liquors Site Performance Agreement page 5 of 9 reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit Eagle Liquors Site Performance Agreement page 6 of 9 policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Eagle Liquors Site Performance Agreement page 7 of 9 F. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Eagle Liquors Site Performance Agreement page 8 of 9 DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Eagle Liquors Site Performance Agreement page 9 of 9 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen MEETING DATE: January 9, 2017 TOPIC: Consider Resolution No. 17-06 Approving Site Improvement Performance Agreement for Waldoch Farm Parking Lot Expansion VOTE REQUIRED: 3/5 BACKGROUND Waldoch Farm received conditional administrative site plan approval for a parking lot expansion project. The subject site is located at 8174 Lake Drive. Per Section 1007.020 Site and Building Plan Review: (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. (5) Performance Standards. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. The attached Site Improvement Performance Agreement addresses the site improvements for the building and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution No. 17-06. ATTACHMENTS 1. Site Location Map 2. Resolution No. 17-06 3. Site Improvement Performance Agreement 0 300 600150 Feet 81ST ST81ST ST DIANE STDIANE ST ELBE STELBE STDDAANNUUBBEESSTTDDIIAANNEESSTT80748074 80668066 80718071 945945 81028102 81898189 80618061 80318031 954954 8109810981108110 81148114 81058105 81018101 953953 81608160 81408140 81178117 80328032 904904 81008100 81718171 81138113 80328032 81228122 81788178 81748174 81218121 81188118 80388038 81818181 Aerial MapWaldoch Farm-8174 Lake Drive µ CITY OF LINO LAKES RESOLUTION NO. 17-06 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH WALDOCH FARM (8174 LAKE DRIVE) WHEREAS, the City has completed the review of the site and building plans for a parking lot expansion project located at 8174 Lake Drive; and WHEREAS, the parcel is legally described as: THAT PRT OF LOT 12 AUDITORS SUBDIVISION NO 138 LYG S OF N 525 FT THEREOF; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Waldoch Farm is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of January, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Waldoch Farm Parking Expansion Site Performance Agreement page 1 of 8 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2017, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Jeff Joyer (Developer). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the day of ________, 2017, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: THAT PRT OF LOT 12 AUDITORS SUBDIVISION NO 138 LYG S OF N 525 FT THEREOF NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior Waldoch Farm Parking Expansion Site Performance Agreement page 2 of 8 building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. Grading & Excavation $8,000 2. Curb & Gutter $18,000 3. Pavement $56,000 5. Erosion Control $3,000 6. Landscaping $10,000 Total Estimated Cost of Developer Improvements $95,000 Security Requirement (Total * 35%) $33,250 III. RECORD DRAWINGS A record drawing that includes an as-built survey of grading, storm water BMP’s (ponds, rain gardens, trenches, swales, etc.) is to be submitted to the City for verification of compliance with the approved plans. A hard copy and an electronic copy of the record drawing must be submitted. IV. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash Waldoch Farm Parking Expansion Site Performance Agreement page 3 of 8 deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $1,500 2. Administration (Legal, Engineering, Planning, and Contract administration) $3,500 3. Sanitary Sewer Trunk Unit Fee (0 units @ $3,073 per unit) $0 4. Water Trunk Unit Fee (0 units @ $4,069 per unit) $0 5. Surface Water Management Fee (no charge-parking lot expansion only) $0 Total Estimated (Budget) Costs for Escrow Account $5,000 Waldoch Farm Parking Expansion Site Performance Agreement page 4 of 8 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable Waldoch Farm Parking Expansion Site Performance Agreement page 5 of 8 and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. Waldoch Farm Parking Expansion Site Performance Agreement page 6 of 8 X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. F. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed Waldoch Farm Parking Expansion Site Performance Agreement page 7 of 8 XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Waldoch Farm Parking Expansion Site Performance Agreement page 8 of 8 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala MEETING DATE: January 9, 2017 TOPIC: Consider Resolution No. 17-07, Authorizing Preparation of Report on Improvements, West Shadow and LaMotte Area Street Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to authorization to prepare a report on improvements for the West Shadow Lake and LaMotte Area Street Improvement Project. BACKGROUND On June 23, 2014 the City Council held a public hearing and took action to adopt Resolution No. 14-65 approving a 5 Year Street Reconstruction Plan (2015 – 2019). The plan included the proposed reconstruction of the Shenandoah Area in 2015 and reconstruction of streets in the West Shadow and LaMotte Areas in 2019. The Shenandoah project was completed in 2016 and was well received. Staff is requesting council authorization for preparation of an updated feasibility study for the West Shadow Area as well as a study including the LaMotte Area. These two areas continue to rate poorly in our annual street ratings and are increasingly consuming Public Service resources. Both locations experience drainage problems as well as a deteriorating street surface. The purpose of the study is to determine the necessary improvements and estimated costs for inclusion in the 5-year Street Reconstruction Plan. The replacement and/or extension of public utilities within these areas will also be evaluated as part of the study but are not part of the 5-Year Street Reconstruction Plan. WSB, Inc., City Engineer, has prepared a proposal to complete the work in the amount of $42,919. Funding for the study will come from the City’s Pavement Management Fund. Staff is anticipating that, as with the 2015 Project, the street improvements would be financed with the issuance of Street Reconstruction Bonds. The bonds would be repaid through an annual property tax debt service levy. No special assessments have been proposed for the street improvements. Under state law Street Reconstruction Bonds can be issued, without election, provided the following requirements are met: 1. The City must prepare a 5-year street reconstruction plan. 2. The City must hold a public hearing prior to consideration of the plan. 3. The City Council must approve the plan by unanimous vote. 4. A 30-day period must elapse during which time a petition may be submitted requesting an election. The petition must be signed by voters equal to 5% of the votes cast in the last municipal general election. 5. If no petition is received the City Council may issue Street Reconstruction Bonds for the proposed improvements. 6. If a petition is received, then the City Council may only issue Street Reconstruction Bonds after approval by the voters. A tentative schedule outlining the procedural steps is attached to this report. Costs associated with sanitary sewer and water utilities, if any, are funded by other sources. Repairs and/or replacement of existing utilities are covered by the respective utility operating fund. Funding for any proposed new utility improvements may be provided by special assessments, connection fees, trunk utility funds or combination thereof. Upon completion of the report on improvements staff anticipates bringing forward an updated 5-Year Street Reconstruction Plan for consideration by the City Council in June of 2017. This would allow authorization of the improvements for construction as early as 2018. RECOMMENDATION Staff is recommending approval of Resolution No. 17-07. ATTACHMENTS 1. Resolution No. 17-07 2. WSB Proposal 3. Tentative Street Reconstruction Plan process/schedule CITY OF LINO LAKES RESOLUTION NO. 17-07 AUTHORIZING REPORT ON IMPROVEMENTS WEST SHADOW DRIVE AND LAMOTTE AREA IMPROVEMENT PROJECT WHEREAS, Pursuant to Resolution 14-65, adopted June 23, 2014, the City Council approved the 2015-2019 5-Year Street Reconstruction Plan, which identified the proposed timeline for reconstruction of certain streets within the City; and WHEREAS, it is proposed to update the plan and consider the improvement of West Shadow Lake Drive (north of Birch Street), Sandpiper Drive, Shadow Court, LaMotte Drive and LaMotte Circle, and WHEREAS, the City Council finds it is in the best interest of the City to determine the necessary improvements and estimated costs for inclusion in the 5-year Street Reconstruction Plan. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the proposed improvement be referred to WSB and Associates, City Engineer, for study and that they are instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; and the estimated cost of the improvement as recommended. Adopted by the Council of the City of Lino Lakes this 9th day of January, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 492296v2 MG Edits STATE LAW STREET RECONSTRUCTION PLAN TIMELINE Date Statute Action April – May 2017 Minn. Stat. 475.58, Subd. 3b Prepare 5 year street reconstruction plan Tuesday, May 30, 2017 Minn. Stat. 475.58, Subd. 3b Publish notice of public hearing at least 10 but no more than 28 days prior to public hearing Monday, June 12, 2017 Minn. Stat. 475.58, Subd. 3b City Council holds public hearing and considers resolution adopting new 5 year street reconstruction plan (must be approved by all members of City Council present at the meeting); 30-day reverse referendum period begins Wednesday, July 12, 2017 Minn. Stat. 475.58, subd. 3 30-day reverse referendum period for street reconstruction bonds ends If qualified petition is received, compete the following: STATE LAW SPECIAL ELECTION TIMELINE* Date Statute Action Monday, August 14, 2017 Minn. Stat. 475.59 & 205.10 City considers resolution calling special election and approves ballot language No later than August 25, 2017 Minn. Stat. 205.16, subd. 4 At least 74 days prior to election, provide written notice to County Auditor (including date of election, title and language for each ballot question to be voted on) No later than August 25, 2017 Minn. Stat. 205.16, subds. 4 & 6 If election is cancelled by City Council, at least 74 days prior to election, provide written notice of cancellation to County Auditor No later August 25, 2017 Minn. Stat. 205.16, subd. 5 At least 74 days prior to election, County Auditor must provide notice of election to Secretary of State October 23, 2017 Section 4.04 of City Charter; Minn. Stat. 205.16, subd. 1 At least 15 days prior to election, post notice of election in City Clerk’s office Tuesday, October 24 and October 31, 2017 Minn. Stat. 205.16, subd. 1 Two weeks before and one week before election, publish notice of election (stating time of election, location of each polling place, question to be voted on)** Tuesday, October 24 2017 Minn. Stat. 205.16, subd. 2 At least two weeks before election, publish sample ballot in official newspaper of City Tuesday, October 24, 2017 Minn. Stat. 205.16, subd. 3 At least two weeks prior to election, post sample ballot for public inspection at City Clerk’s office 492296v2 MG Edits Minn. Stat. 205.17, subd. 6 City Clerk prepares and prints ballots pursuant to rules of Secretary of State November 7, 2017 Minn. Stat. 205.16, subd. 3 On election day, post sample ballot in each polling place November 7, 2017 Election Day Between November 10 and November 17, 2017 Minn. Stat. 205.185, subd. 3 City Council meets to canvass returns and declare results of Special Election (between third and tenth day following election) Official newspaper is the Quad Community Press and is published weekly on Tuesday. *Minnesota Statutes, Section 205.10, subd. 3 prohibits a special election from being held within 56 days after the State general election. **Statute requires one publication at least two weeks before election but Minn. Secretary of State has interpreted this to mean two separate publications two weeks before and one week before. However, Section 4.04 of the City Charter requires that notice of the special election be published in the official newspaper at least 15 days prior to the special election. CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: January 9, 2017 TOPIC: Consider Resolution No. 17-08, Authorizing Preparation of Wetland and Natural Resource Revolving Fund Plan VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council authorization to enter into a professional service contract with WSB to prepare a Wetland and Natural Resource Revolving Fund Plan. BACKGROUND In 2009, as an outcome of the Environmental Board goals setting process, staff began evaluating the possible restoration of an existing wetland complex in Wollan Park, located on the City’s north side. During the initial investigation it was determined that the restoration efforts would be eligible for wetland banking credits. The process of wetland banking allows the city to restore and/or create wetland and sell credits through the state wetland bank. When completed the Wollan Park wetland bank will provide approximately 5.96 acres of Army Corps of Engineers (ACOE) certified bank credits. While bank credits are subject to market fluctuations recent sales in Lino Lakes have been above $2.00 a square foot. In addition to Wollan Park the City previously established a wetland bank along Otter Lake Road that was completed in 2013. This bank, however, is not ACOE certified. One of the overall goals for the establishment of the bank was to create a funding source that would allow the city to acquire properties with potential high ecological value and restore them as part of the City’s greenway system. With the Wollan Bank coming online by summer of 2017 staff is proposing development of an overall policy document that establishes the goals, priorities, and mechanics of the wetland banking program. WSB has submitted a proposal to assist the City with the development of the plan in the not to exceed amount of $8,182. The proposal includes the following tasks: 1. Develop Restoration Goals 2. Develop Pricing Stategy for Wetland Bank 3. Identify Future Restoration Areas 4. Create Revolving Fund Plan Funding will be from the Surface Water Management Fund. The Environmental Board has included the establishment of the plan as part RECOMMENDATION Staff is recommending approval of Resolution No. 17-08. ATTACHMENTS 1. Resolution No. 17-08 2. Wollan Park Location Map 3. WSB Proposal CITY OF LINO LAKES RESOLUTION NO. 17-08 AUTHORIZING PREPARATION OF WETLAND AND NATURAL RESOURCE RESTORATION REVOLVING FUND PLAN WHEREAS, the City Council approved the Wollan Park Wetland Bank application on January 9, 2012 (Resolution No 12-24); and WHEREAS, The Wollan Park wetland bank has been approved by the Minnesota Board of Water and Soil Resources (BWSR) and the Army Corps of Engineers; and WHEREAS, the City Council has determined it is in the best interests of the City to develop a plan for the use and disposition of available credits in the wetland bank to support the continued implementation of the City’s Parks, Natural Open Space/Greenways and Trail System Plan; and WHEREAS, The City has received a proposal from WSB & Associates, Inc. to prepare said plan; NOW, THEREFORE BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota, hereby authorizes WSB & Associates, Inc. to prepare the Wetland and Natural Resource Revolving Fund Plan for the amount of $8,182.00. Adopted by the Council of the City of Lino Lakes this 9th day of January, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Diane StreetWoolan's Park Wetland Bank City of Lino Lakes, Minnesota Aerial Photo: 2008 Woolan's Park Lake Drive NEPine Street Evergreen Trail Orange Street NE Olive Street NE Main Street County Road 14 Figure 1 Site Locator Map Legend Woolan's Park Boundary 17.62 Acres 0 350 700 1,050 1,400175 Feet ±