HomeMy WebLinkAbout09-12-2016 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, September 12, 2016
***********
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
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.
SPECIAL PRESENTATION
Proclamation – September 17-23 – United States Constitution Week
Daughters of the American Revolution, Anoka Chapter
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) September 12, 2016 (Check No. 104376 through 104485) in the
amount of $716,708.88
B) Consider approval of August 22, 2016 Work Session Minutes
C) Consider approval of August 22, 2016 Council Meeting Minutes
D) Consider Resolution 16-99, Approving a Parade Permit for Lino Lakes
Elementary STEM School Family & Friends 5K Run/Walk
E) Consider Resolution 16-103, Special Event Permit for The Soaring Boar Food
Trailer located at 6931 Lake Drive
F) Consider Resolution No. 16-105 Approving Amendment to Public
Improvement Surety Agreement for NorthPointe 4th Addition
G) Consider approval of August 22, 2016 Special Work Session Minutes
H) Consider Resolution 16-107, Peddler License for Edward Jones
I) Consider approval of application of Aquinas Roman Catholic Home
Education Services to conduct excluded bingo on November 8, 2016 at St.
Joseph’s Church
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve the Consent Agenda, Items 1A through 1I as presented, was
adopted
Council Agenda -2- September 12, 2016
EXPANDED AGENDA
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Acceptance of Donation from The Patriot Ride
Action Taken: Motion by Rafferty, seconded by Kusterman, to accept
the donation of $300 as recommended, was adopted
B) Consider Resolution 16-98 Authorizing City Prosecutor Access to
Minnesota Government Data
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve Resolution No. 16-98 as presented, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Woods Edge, Kendra Lindahl
i) Consider Resolution No. 2016-100 Approving PUD Final Plan/Final
Plat
Action Taken: Motion by Kusterman, seconded by Maher, to approve
Resolution No. 16-100 as presented, was adopted
ii) Consider Resolution No. 2016-101 Approving Development
Agreement
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve Resolution No. 16-101 as presented, was adopted
iii) Consider 2nd Reading of Ordinance No. 08-16 Vacating Drainage and
Utility Easements, Outlot B and Outlot D of The Village No. 3 Chavez
Preserve, Katie Larsen
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Ordinance] No. 08-16 as presented, was adopted: Yeas, 5; Nays none
B) Chavez Preserve, Katie Larsen
i) Consider Resolution No. 16-90 Approving Preliminary Plat
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
Resolution No. 16-90 as presented, was adopted
ii) Consider Resolution No. 16-104 Approving Accessory Structure
Agreement
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve Resolution No. 16-104 as presented, was adopted
Council Agenda -3- September 12, 2016
EXPANDED AGENDA
C) Consider 2nd Reading of Ordinance No. 09-16, Amending City Code Section
1007 by adding Section 1007.056 Opting-Out of the Requirements of
Minnesota Statutes, Section 462.3593, Katie Larsen
Action Taken: Motion by Rafferty, seconded by Manthey, to approve
Ordinance] No. 09-16 as presented, was adopted: Yeas, 4; Nays, 1
(Maher)
D) Consider Resolution No. 16-106, Calling the Public Hearing on the Proposed
Assessment, Otter Lake Road Extension, Michael Grochala
Action Taken: Motion by Maher, seconded by Manthey, to approve
Resolution No. 16-106 as presented, was adopted
E) Consider 2nd Reading of Ordinance No. 10-16 Approving Sale of Land to
Dupont Holdings, LLC, Fox Road Extension, Michael Grochala
Action Taken: Motion by Maher, seconded by Rafferty, to approve
Ordinance No. 10-16 as presented, was adopted: Yeas, 5; Nays none
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Manthey, to adjourn at 7:25 p.m. was adopted
Following the regular meeting, the Council will reconvene for a
special session to discuss the 2017 budget
Community Calendar – A Look Ahead
September 12, 2016 through September 26, 2015
Monday, September 12 6:30 pm, Community Room Park Board
Wednesday, September 14 6:30 pm, Council Chambers Planning & Zoning
Monday, September 26 6:00 pm, Community Room Council Work Session
Monday, September 26 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, September 12, 2016
***********
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
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
SPECIAL PRESENTATION
Proclamation – September 17-23 – United States Constitution Week
Daughters of the American Revolution, Anoka Chapter
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) September 12, 2016 (Check No. 104376 through 104485) in the
amount of $716,708.88
B) Consider approval of August 22, 2016 Work Session Minutes
C) Consider approval of August 22, 2016 Council Meeting Minutes
D) Consider Resolution 16-99, Approving a Parade Permit for Lino Lakes
Elementary STEM School Family & Friends 5K Run/Walk
E) Consider Resolution 16-103, Special Event Permit for The Soaring Boar Food
Trailer located at 6931 Lake Drive
F) Consider Resolution No. 16-105 Approving Amendment to Public
Improvement Surety Agreement for NorthPointe 4th Addition
G) Consider approval of August 22, 2016 Special Work Session Minutes
H) Consider Resolution 16-107, Peddler License for Edward Jones
I) Consider approval of application of Aquinas Roman Catholic Home
Education Services to conduct excluded bingo on November 8, 2016 at St.
Joseph’s Church
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
Council Agenda -2- September 12, 2016
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Acceptance of Donation from The Patriot Ride
B) Consider Resolution 16-98 Authorizing City Prosecutor Access to
Minnesota Government Data
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Woods Edge, Kendra Lindahl
i) Consider Resolution No. 2016-100 Approving PUD Final Plan/Final
Plat
ii) Consider Resolution No. 2016-101 Approving Development
Agreement
iii) Consider 2nd Reading of Ordinance No. 08-16 Vacating Drainage and
Utility Easements, Outlot B and Outlot D of The Village No. 3
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
B) Chavez Preserve, Katie Larsen
i) Consider Resolution No. 16-90 Approving Preliminary Plat
ii) Consider Resolution No. 16-104 Approving Accessory Structure
Agreement
C) Consider 2nd Reading of Ordinance No. 09-16, Amending City Code Section
1007 by adding Section 1007.056 Opting-Out of the Requirements of
Minnesota Statutes, Section 462.3593, Katie Larsen
D) Consider Resolution No. 16-106, Calling the Public Hearing on the Proposed
Assessment, Otter Lake Road Extension, Michael Grochala
E) Consider 2nd Reading of Ordinance No. 10-16 Approving Sale of Land to
Dupont Holdings, LLC, Fox Road Extension, Michael Grochala
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following the regular meeting, the Council will reconvene for a
special session to discuss the 2017 budget
Council Agenda -3- September 12, 2016
Community Calendar – A Look Ahead
September 12, 2016 through September 26, 2015
Monday, September 12 6:30 pm, Community Room Park Board
Wednesday, September 14 6:30 pm, Council Chambers Planning & Zoning
Monday, September 26 6:00 pm, Community Room Council Work Session
Monday, September 26 6:30 pm, Council Chambers City Council Meeting
PROCLAMATION
CONSTITUTION WEEK
SEPTEMBER 17-23, 2016
WHEREAS, September 17, 2016, marks the two hundred twenty-eighth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional
Convention; and,
WHEREAS, it is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebrations which will
commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as
Constitution Week;
NOW THEREFORE, BE IT RESOLVED that I, Jeff Reinert, Mayor of the City of Lino
Lakes, do hereby proclaim the week of September 17 through 23, 2016 as
CONSTITUTION WEEK
and urge all citizens to study the Constitution, and reflect on the privilege of being an
American with all the rights and responsibilities which that privilege involves.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Lino Lakes to be affixed.
Adopted by the Lino Lakes City Council on September 12, 2016.
__________________________
Jeff Reinert, Mayor __________________________
Attest: Julie Bartell, City Clerk
CITY COUNCIL SPECIAL WORK SESSION August 22, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : August 22, 2016 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:28 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 Grochala; Finance Director Sarah Cotton; 12
Public Services Director DeGardner; City Clerk Julie Bartell. 13
1. Advisory Board Appointments - Administrator Karlson reviewed his written 14
report regarding the one vacancy on the city’s Planning and Zoning Board. One 15
application has been received and staff is requesting that an interview time be established, 16
perhaps prior to the next work session. Staff is also requesting council discussion on the 17
establishment of a public safety advisory board and if the council wishes to appoint two 18
members to such a group and establish a meeting schedule. 19
Mayor Reinert confirmed that there is only one opening to consider for advisory boards 20
and that there is only one applicant. 21
The council concurred that they will conduct an interview prior to the next work session. 22
Regarding the public safety board, Mayor Reinert suggested that Council Member 23
Rafferty would be a good participant since he is willing to do the necessary drill down. 24
Council Member Manthey asked where the concept of the advisory board came from; 25
there’s very little information in the staff report. 26
Council Member Maher said she’d be more supportive of having a quarterly report by the 27
Public Safety Division management to all council members rather than an advisory group. 28
Mayor Reinert and Council member Kusterman said they are indifferent to the form. 29
Administrator Karlson explained that an advisory board would serve mainly as an 30
administrative review group. 31
The council concurred that they will begin with the quarterly review by the full council. 32
2. Fire Fleet – Light Rescue Quick Attack –Public Safety Director Swenson 33
reviewed the most recent information on the purchase of light rescue equipment. Based 34
on new information, he is recommending the purchase of a different (heavier duty) 35
chassis for those vehicles. 36
Mayor Reinert asked how many cities have been effected by this finding that the lighter 37
chassis is isn’t strong enough for the build-out equipment. A representative of the 38
company who made the original recommendations explained that five vehicles were in 39
the process. He further explained how they discovered that the build-out equipment will 40
run overweight on the lighter vehicle. He is willing to pick up half the cost of the 41
CITY COUNCIL SPECIAL WORK SESSION August 22, 2016
DRAFT
2
increased cost. Mayor Reinert remarked that the city would then get a heavier truck at 42
less than the cost; the city has already decided to make the purchase so it makes sense and 43
it is good timing before the trucks were complete. 44
Council Member Rafferty received information on the specifications of the vehicles. He 45
asked for more information on what additions will be included. Director Swenson 46
explained that the trucks will be larger and able to carry more equipment. 47
Staff indicated that formal council action isn’t required for the upgrade. 48
3. Review Regular Agenda 49
50
Regarding Item 6A, Mayor Reinert expressed his concern overall for the MnPass concept; 51
he isn’t supportive of designating special lanes. Staff explained that the exclusive lanes 52
don’t actually enter Lino Lakes but since MnDOT is resurfacing the lanes into Lino 53
Lakes, they propose the installation of noise walls. Mayor Reinert suggested that the 54
council request that the city attorney prepare language that says Lino Lakes will allow 55
additional lanes but only if they are not specially designated. Council Member 56
Kusterman noted that the lanes aren’t actually entering the city, however. Mayor Reinert 57
indicated that he still would prefer that language; also he noted that the language in the 58
resolution states there is “no cost to the city at this time” and that is concerning to him 59
because it would seem to allow to costs in the future. 60
61
The time ran short so that other Community Development items couldn’t be reviewed. 62
63
The meeting was adjourned at 6:28 p.m. 64
65
These minutes were considered, corrected and approved at the regular Council meeting held on 66
September 12, 2016. 67
68
69
70
71
Julianne Bartell, City Clerk Jeff Reinert, Mayor 72
73
COUNCIL MINUTES August 22, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : August 22, 2016 5
TIME STARTED : 6:35 p.m. 6
TIME ENDED : 9:05 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; City Engineer Diane Hankee; City Planner Katie Larsen; Finance Director Sarah Cotton; 13
Director of Public Safety John Swenson; 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
CONSENT AGENDA 24
25
Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F, as presented. 26
Council Member Maher seconded the motion. Motion carried on a voice vote. 27
28
ITEM ACTION 29
30
Consideration of Expenditures: 31
32
August 22, 2016 (Check No. 104243 – 33
104375, $629,047.07) Approved 34
35
August 1, 2016 Council Work Session 36
Minutes Approved 37
38
August 8, 2016 City Council Meeting Approved 39
Minutes 40
41
Resolution 16-91, 1-4 Day Temp. Liquor License for 42
the Lino Lakes Lions Club’s Annual Prime Rib Dinner Approved 43
44
Resolution 16-92, Authorizing Issuance of a Special Event 45
COUNCIL MINUTES August 22, 2016
DRAFT
2
Permit for Waldoch Farm, Inc. Pumpkin Patch and 46
Corn Maze Approved 47
48
August 8, 2016 Work Session Minutes Approved 49
50
FINANCE DEPARTMENT REPORT 51
52
There was no report from the Finance Department. 53
54
ADMINISTRATION DEPARTMENT REPORT 55
56
There was no report from the Administration Department. 57
58
PUBLIC SAFETY DEPARTMENT REPORT 59
60
There was no report from the Public Safety Department. 61
62
PUBLIC SERVICES DEPARTMENT REPORT 63
64
There was no report from the Public Services Department. 65
66
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 67
68
6A) Public Hearing. Consider Resolution No. 16-80, Approving Municipal Consent, I-35W 69
North Corridor Improvements - City Engineer Hankee introduced Dave Nelson, consultant to 70
MnDOT, who gave a presentation (on file) reviewing the project and the noise wall proposal 71
including: 72
- Project funding and timing; 73
- Project scope (on a map); 74
75
Council Member Rafferty asked about a bridge at Highway 10 that is brand new and if changes would 76
be required; Mr. Nelson explained that the bridge was constructed to allow for the proposed 77
improvements. 78
79
Mr. Nelson explained that there are two noise wall designs proposed within the project and he showed 80
pictures of each to the council. Council Member Rafferty asked if there has been any analysis of 81
why the walls are requiring frequent painting; Mr. Nelson indicated he had no specific information on 82
that subject. 83
84
A map of the managed lanes south of Lino Lakes was reviewed. 85
86
Mayor Reinert said he is opposed to the MnPass program; he appreciates not having toll roads and is 87
concerned that MnPass lanes may lead to that situation. He is happy to see the needed lanes coming 88
to the area but again is concerned about charging people to drive upon them. He is going to ask for 89
COUNCIL MINUTES August 22, 2016
DRAFT
3
postponement of the resolution on this matter; the city attorney will be consulted on the addition of 90
language regarding those concerns. 91
92
Mayor Reinert opened the public hearing. 93
94
There being no one present wishing to speak, the public hearing was closed. 95
96
Mayor Reinert moved to postpone consideration of Resolution No. 16-80 pending a discussion with 97
the city attorney and further council review. Council Member Kusterman seconded the motion. 98
Motion carried on a voice vote. 99
100
6B) St. Clair Estates 101
i) Consider Resolution No. 16-78 Approving Variance and Preliminary Plat 102
City Planner Larsen noted the St. Clair Estates development and previous council direction postponing 103
consideration. Approval of a variance and a preliminary plat are now being brought forward again for 104
consideration. 105
Ms. Larsen reviewed a presentation including: 106
- Location of the proposed project; 107
- A neighborhood map indicating surroundings of the proposed development area; 108
- The preliminary plat map; 109
- Inclusion of a bike trail, a sidewalk and an emergency access/pedestrian trail; 110
- Comprehensive Plan consistency; 111
- Project density (gross and net density indicated); 112
- Consistency with zoning requirements. 113
Ms. Larsen indicated a focus has developed regarding traffic, access to Birch Street and the length of the 114
cul-de-sac included in the project. She intends to provide more information on those areas. 115
Traffic – all developers are required to submit a traffic study with a development such as this including 116
traffic counts. The traffic information gained on this project indicated in a study does not project traffic 117
that will exceed 1,000 trips per day. The study also includes information on levels of service. 118
Information was presented on what criteria the city’s subdivision ordinance includes that would indicate 119
that this is a premature development; that criteria is not met. 120
On the question of access to Birch Street, Ms. Larsen recalled a corridor study done recently that 121
examined Birch Street. Staff did review this proposal in light of this corridor study and found it to be in 122
compliance with the findings of that study. Included in the study was right ins/right outs. Staff did ask 123
the developer what would happen if Hokah Drive became a right in/right out access, noting that would be 124
a county driven decision. The study results of that scenario were reviewed and they still met the under 125
1,000 trips per day criteria. Ms. Larsen introduced Doug Fisher, Anoka County Engineer, present to 126
speak on the subject. 127
COUNCIL MINUTES August 22, 2016
DRAFT
4
Mayor Reinert asked, when would a right in/right out take effect? Ms. Larsen indicated that would be a 128
county driven decision and they are now in the analysis phase of reviewing traffic in the area. Mayor 129
Reinert noted that the council is attempting to look at a macro view so getting that longer term 130
information is important. He is interested in a Totem Trail access as a possible option; he is concerned 131
that the right in/right out element is problematic for this project. Ms. Larsen noted that staff will be 132
requiring the developer to straighten out a “bulb” on the street that will increase safety and allow for 133
future possible extension. She noted the presence of a WSB traffic engineer and his findings relating to 134
different access scenarios, with the understanding that Anoka County findings will be a part of what 135
happens. 136
Mayor Reinert called for the council to discuss the Totem Trail option. Anoka County Engineer Doug 137
Fisher told the council that staff outlined the situation well. When the county reviewed the preliminary 138
plat, it was done with consideration of their corridor study gearing up. They have heard about internal 139
traffic concerns and that isn’t unusual. He feels that as traffic continues to increase on Birch Street, it is 140
inevitable that Hokah Drive will become a right in/right out. The corridor study also provides insight on 141
improvements in the area and those are moving along. One area in particular is near the elementary 142
school where they think improvement is needed. There is an opportunity that Enid Trail could line up 143
with Birch and while that is not a definitive plan at this time, the county did ask that the cul-de-sac allow 144
for the option in the future. The county often does connections as part of a county project with county 145
costs – removing access from the county road and making adjustments on local roads. In order to keep 146
Birch as a two-lane, there must be access considerations and that can squeeze the most out of keeping the 147
street as a two-lane. Timing of improvements could possibly fall within their five year plans. We all 148
need Birch Street to operative efficiently and safely. 149
The mayor asked if the connection with Totem is a realistic option. Mr. Fisher said yes, considering 150
plans for the street and to increase the width of the street; the county owns one parcel but there are two 151
houses where access would be removed. Mayo r Reinert asked if the city would have to approve a 152
change for Hokah and Mr. Fisher said the county can move without local approval if safety is a concern. 153
He confirmed that Hokah isn’t a concern right now even with the addition of 35 homes. Mayor Reinert 154
asked if the connection is desirable to the county and Mr. Fisher said that the county is sensitive to issues 155
outside of the county roads and includes public input in decisions; he is being realistic in saying that 156
there needs to be something offered along with a change like right in/right out at Hokah. 157
A council member discussed with Mr. Fisher the county’s future plans for the vicinity. Mr. Fisher 158
mentioned preliminary ideas about improvements around the elementary school; the changes around 159
Enid Trail and Totem would be shorter term. Council Member Kusterman asked where cost benefit 160
weighs in the county decisions, or is it only safety consideration. Mr. Fisher said every project has a cost 161
consideration that the county reviews; modifying access when it gains the most positive impact has a 162
high value to the county. 163
Council Member Kusterman asked about the city’s 1,000 trip threshold and how that was developed? A 164
WSB engineer explained that the figure is a general standard used nationally based on the average 165
number of trips per residential units; there is consideration of road length and impact of adjoining streets, 166
etc. 167
Council Member Maher suggested that the city has a policy that developers should handle the costs 168
needed for transportation improvements related to their development. It bothers her that in this case, the 169
city/county are looking at the improvements. Ms. Larsen explained that the development itself doesn’t 170
COUNCIL MINUTES August 22, 2016
DRAFT
5
call for the traffic changes; based on its own criteria the city doesn’t have any bearing or rationale to call 171
for the developer to fund changes. Council Member Maher suggested that in her view the goals of the 172
city’s comprehensive plan (that calls for connectivity) isn’t met with this development. Ms. Larsen 173
explained that connectivity is a basic part of planning and is always a consideration. Pedestrian 174
connectivity is included in the plans for this development and that has been a major requirement included 175
in the plans. The roadway changes could be the next phase of this development, based upon the 176
comments of the county. 177
Ms. Larsen continued her presentation by reviewing the variance request. It relates to the length of the 178
cul-de-sac and the city requirements on length relate to access to emergency services. That concern is 179
mitigated in the plans by requiring the special emergency access trail. Council Member Maher asked if 180
the mitigation of the cul-de-sac situation is related to the development directly; she doesn’t necessarily 181
support continuing the practice of granting a variance for a lengthy cul-de-sac. Further economic 182
consideration so that a developer can include more lots shouldn’t be a part of variance consideration. 183
Mayor Reinert suggested that the right in/right out is driving the issue. 184
Mayor Reinert opened the floor for resident comment. 185
David Parent, 6629 Sioux Lane, concurs with the right in/right out being the heart of the issue. He has a 186
family and children on this street. The question of 1,000 trips comes to mind and is 1001 different. He 187
feels that the traffic study numbers are relative to such thing as time of year – trips can vary. He 188
appreciates that the council is taking the matter seriously and looking at how it will impact the 189
neighborhood. 190
Melissa Manthey, 6606 Sioux Lane, agrees with Mr. Parent’s comments about the timing of a traffic 191
study. There are more trips at different times of the year. She hears about walkability being a 192
consideration but she feels this takes away that ability from the existing neighborhood. She would like 193
the council to consider a development that meets the needs of the area. More options are available for 194
development that will fit better. 195
City Engineer Hankee noted that the trip generation data was actually developed with factoring in times 196
of the year. The WSB and Associates traffic engineer added that the traffic counts were done in early 197
May and that data is adjusted. 198
Colleen Brewster, 6591 Hokah Drive, noted that Hokah Drive wasn’t intended to be so long for such an 199
extended period. Other access was planned but didn’t happen. She goes through Spirit Hills because 200
she doesn’t like to make a left hand turn onto Hokah. So she does add to traffic in the neighborhood but 201
she respects the area by keeping her speed low and driving safely. She requests that the council not base 202
the decision on Hokah Drive. 203
Jeremy Stimson, 6621 Sioux Lane, used the presentation materials to point out an option that would 204
improve traffic for his street. Residents are looking to move away from the 1,000 trips per day. It’s too 205
many when you’re living on that street with children. Most people are traveling within a few hours each 206
day so that’s a lot during peak periods. He asks the council to be mindful of the issues surrounding this 207
and of the city charter. He feels the city could require more through the variance. 208
Mayor Reinert noted that his philosophy on development in the city is based on liberty – but that means 209
consideration on both sides of the discussion. One person lives there and another person owns the land. 210
The addition of tax base for the city is the last thing on his mind. He isn’t against development but is 211
COUNCIL MINUTES August 22, 2016
DRAFT
6
opposed to high density or low quality development. He recognizes the impact of good development on 212
the city overall. 213
Mr. Stimson asked about the possibility of closing the access point completely at Hokah and moving 214
access to Totem Trail. The mayor responded that is a conversation that should occur when the county is 215
looking at making the change at Hokah. County Engineer Fisher said all options are still on the table as 216
the county moves forward on review but he can say that they are not looking at full access at Totem 217
because there are environmental considerations. While they are looking, all the issues will be discussed 218
and considered. What he is trying to convey from the county’s standpoint is that there is a plan to 219
alleviate traffic as he has presented. 220
Mayor Reinert said the city is trying to make sure people have their voice heard on this matter. He 221
thinks the issue here is what happens in the future. 222
The council discussed postponement; staff explained that the statutory timeline is upon this – a decision 223
must be made at this point. 224
Mr. Parent noted that the information on the city website suggests that there were two different dates for 225
the traffic study data and that the traffic may rise to over 1,000 in consideration. 226
Ms. Larsen noted that the May figures were estimates and was used for the study. There was additional 227
information was put together but the May data was used for that also. Staff confirmed that traffic was 228
not measured in June and that there was speed data collected. 229
Council Member Maher suggested that the city’s comprehensive plan includes a provision that calls for 230
more mixed use to take the burden off of residential taxpayers. She doesn’t see that part of the 231
Comprehensive Plan supporting this development. 232
Mayor Reinert noted that he will probably be voting for this; he doesn’t prefer the length of the cul-de-233
sac but sees mitigation with the access trail; the Birch Street change is a factor out there; he noted the 234
size of 35 homes and lots. 235
The council directed staff to continue to work with Anoka County on their future roadway plans for the 236
area and to ensure the city’s involvement in those discussions. 237
Council Member Maher noted a memo from the City Engineer regarding storm water concerns and she 238
doesn’t see those concerns addressed in the staff recommendation. Ms. Larsen explained that this is a 239
preliminary plat and it’s not uncommon for that type of matter to be resolved as part of final approval. 240
Mayor Reinert confirmed that the county is on board with the emergency access plan. 241
Council Member Kusterman asked for confirmation that sidewalks couldn’t be added to Sioux Lane and 242
Community Development Director Grochala explained that the addition of sidewalks would be based on 243
cost and location considerations involving the residents. 244
Council Member Kusterman moved to approve Resolution No. 16-78 as presented. Council Member 245
Manthey seconded the motion. 246
Council Member Manthey thanked the residents for their involvement and for providing information. He 247
understands the traffic and safety issues involved and he feels the county is willing to work on the 248
situation and the future will include the involvement of the area and perhaps discussion of sidewalks. 249
Motion carried. Council Member Maher and Rafferty voted no. 250
COUNCIL MINUTES August 22, 2016
DRAFT
7
Council Member Kusterman moved to direct staff to work with the county on their study of the Birch 251
Street corridor to ensure that the city has a voice and is actively involved in future street planning. 252
Mayor Reinert added that an annual report is required. Mayor Reinert seconded the motion. Motion 253
carried on a voice vote. 254
6C) Public Hearing. Consider 1st Reading of Ordinance No. 08-16, Vacating Drainage and Utility 255
Easement, Village No. 3 - City Planner Larsen reviewed a presentation (on file) indicating the location 256
of Outlot B and Outlot D. They will be rededicated on the new plat for the development. The ordinance 257
before the council does require a public hearing and that has been scheduled for this evening. 258
Mayor Reinert opened the public hearing. 259
There being no one present wishing to speak, the public hearing was closed. 260
Council Member Rafferty moved to approve the first reading of Ordinance No. 08-16 as presented. 261
Council Member Maher seconded the motion. Motion carried on a voice vote. 262
6D) Consider 1st Reading of Ordinance No. 09-16, Amending City Code Section 1007 by 263
Adding Section 1007.056 Opting-Out of Requirements of the Temporary Housing Provisions of 264
Minnesota Statutes, Section 462.3593 – City Planner Larsen explained that the ordinance would allow 265
the city to opt out of new state regulations allowing for certain temporary residences. Staff has 266
determined there are too many unknowns in allowing such structures. There are provisions within the 267
city code that allow for accessory buildings and staff is comfortable with those. Council Member 268
Kusterman noted that the city could reconsider if that becomes an appropriate topic in the future. 269
Council Member Manthey moved to approve the first reading of Ordinance No. 09-16 as presented. 270
Council Member Kusterman seconded the motion. Motion carried on a voice vote. Council Member 271
Maher voted no. 272
6E) Consider Resolution No. 16-93, Authorizing Intersection Control Evaluation (ICE) for 273
Centerville Road and CR J - Community Development Director Grochala reviewed his written report 274
regarding authorization to gain additional information on options for this intersection. This would be an 275
intersection control evaluation. The city’s contract engineering firm, WSB and Associates is proposing 276
to do the work and the cost would be divided among the four impacted jurisdictions. This moves toward 277
getting improvement at the intersection. Council Member Manthey confirmed that the work will include 278
consideration of the development preliminarily proposed for the area. Council Member Kusterman 279
asked about the schedule for a study and Director Grochala remarked that it would begin soon and they 280
will try to avoid as much construction impact as possible. 281
Council Member Maher moved to approve Resolution No. 16-93 as presented. Council Member 282
Kusterman seconded the motion. Motion carried on a voice vote. Council Member Rafferty abstained 283
from voting. 284
6F) Consider Resolution No. 15-94, Costs to be Assessed and Ordering Preparation of Proposed 285
Assessments, Otter Lake Road Extension – Community Development Director Grochala reported on 286
the staff recommendation to assess costs for the Otter Lake Road Extension project. There has been 287
some legal discussions along the way that have now been settled. At this point the assessment process is 288
appropriate to commence. He reviewed briefly the funding for the project. Staff will return with an 289
assessment roll and request for a public hearing on the assessments. 290
COUNCIL MINUTES August 22, 2016
DRAFT
8
Council Member Kusterman moved to approve Resolution No. 15-94 as presented. Council Member 291
Maher seconded the motion. Motion carried on a voice vote. 292
6G) Consider Resolution No. 16-96, Approving Release Agreement for 1599 Birch Street, 293
Birch/Centerville Turn Lane and Utility Improvements – City Engineer Hankee reviewed the written 294
staff report outlining a request to execute an agreement relative to a situation involving the Birch Street 295
and Centerville Road turn lane and utility improvement project. Mayor Reinert explained that there has 296
been some work done to bring utilities to the area and some ground work wasn’t done and that caused an 297
issue with a driveway. This is the city’s way of compensating for that situation. He has spoken with the 298
impacted property owner, Mr. Lee (who was present in the audience). Mayor Reinert said he 299
understands that while there isn’t full agreement in what has happened, there is agreement on a 300
settlement. 301
Council Member Kusterman moved to approve Resolution No. 16-96 as presented. Council Member 302
Rafferty seconded the motion. Motion carried on a voice vote. 303
6H) Saddle Club Fox Road Extension, Michael Grochala 304
i. Consider Resolution No. 16-95, Approving Purchase Agreement with 305
Comcast for Fox Road Extension 306
ii. Consider 1st Reading of Ordinance No. 10-16, Approving Sale of Land to 307
Dupont Holdings, LLC, Fox Road Extension 308
Community Development Director Grochala reviewed the two items requested for action. The first 309
is a proposed purchase agreement that would provide for land acquisition for the roadway extension. 310
The price was reviewed with a note that the cost will come back to the city by resale of the property to 311
the developer. The ordinance provides for that sale of the land. 312
313
Council Member Rafferty moved to approve Resolution No. 16-95 as presented. Council Member 314
Manthey seconded the motion. Motion carried on a voice vote. 315
316
Council Member Rafferty moved to approve the first reading of Ordinance No. 10-16 as presented. 317
Council Member Maher seconded the motion. Motion carried on a voice vote. 318
319
UNFINISHED BUSINESS 320
321
There was no Unfinished Business. 322
323
NEW BUSINESS 324
325
There was no New Business. 326
327
COMMUNITY CALENDAR 328
329
Community Calendar – A Look Ahead 330
August 22, 2016 through September 12, 2016 331
Wednesday, August 31 6:30 pm, Council Chambers Environmental Board 332
Thursday, September 1 8:00 am, Community Room EDAC 333
COUNCIL MINUTES August 22, 2016
DRAFT
9
Tuesday, September 6 6:00 pm, Community Room Council Work Session 334
Tuesday, September 6 6:30 pm, Community Room Park Board 335
Monday, September 12 6:30 pm, Council Chambers City Council Meeting 336
337
ADJOURN 338
339
There being no further business, Council Member Rafferty moved to adjourn at 9:05 p.m. Council 340
Member Maher seconded the motion. Motion carried unanimously. 341
342
These minutes were considered and approved at the regular Council Meeting, September 12, 2016. 343
344
345
346
347
Julianne Bartell, City Clerk Jeff Reinert, Mayor 348
349
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: September 12, 2016
TOPIC Consider Resolution No. 16-99, Approving a
Parade Permit for Lino Lakes STEM School Family &
Friends 5K Run and Walk
VOTE REQUIRED: 3/5
INTRODUCTION
The 5k run and walk takes place on a country road and city streets. This event is scheduled to
take place between 8:00 a.m. and 10:00 p.m. on Saturday, September 24, 2016. The proceeds
will be used to purchase new playground equipment.
BACKGROUND
This is the third year the event will be taking place. A map of the route is indicated on the
attached map. There will be bathrooms available at the school as well as basic first aid.
It is anticipates there will be approximately 75 – 100 participants. The event will start and finish
at Lino Lakes STEM School where the staging area will be located.
The Public Safety Department has reviewed the application and have signed off on the permit
with the understanding that the applicants will continue to follow their instructions on safety.
The applicant must also have in place all necessary permissions for use of property involved in
the event.
RECOMMENDATION
Approve Resolution No. 16-99, Authorizing a parade permit for the Lino Lakes STEM School’s
5K Run and Walk.
ATTACHMENTS
Resolution 16-99
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 16-99
APPROVING A PARADE PERMIT FOR LINO LAKES STEM SCHOOL
5K RUN AND WALK, SEPTEMBER 24, 2016
WHEREAS, Lino Lakes Stem School’s 5K Run and Walk, is planned for September 24, 2016;
and
WHEREAS, the proceeds will be used to go towards new playground equipment or the studens
and community.
WHEREAS, Katie Nelson organizer of the 5K Run and Walk has submitted an application for a
parade/run permit in conjunction with the event;
WHEREAS, said permit application was reviewed for compliance with the City of Lino Lakes
for safety considerations by city administration, public safety and public works divisions; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council hereby approves the parade/run application for the 2016 Lino Lakes
STEM School 5K Run and Walk subject to ongoing efforts to ensure proper safety, and related
issues.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: September 12, 2016
TOPIC Consider Resolution No. 16-103, Authorizing issuance
of a Special Event Permit for The Soaring Boar Food
Trailer
VOTE REQUIRED: 3/5
INTRODUCTION
City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these
regulations is to protect the health, safety and welfare of citizens by regulating time, place and
manner of conduct by establishing permit requirements. The City charges a fee of $50 for
special event permits.
BACKGROUND
The City has received an application from John Koch, to hold a special event on their property
Fridays, Saturdays, Sundays and occasionally other days of the week from 1:30 p.m. to 9:30 p.m.
The special event permit will allow food truck vendors in their parking lot, serving their
customers.
The Public Safety Department has reviewed the applications and have signed off on the permit.
Staff has reviewed the application including their plans for food truck location. Since food
service is involved, a condition is being attached to the permit requiring food vendors to receive
permission from the Anoka County Environmental Services and to provide their state licensing
information.
RECOMMENDATION
Hammerheart’s application for a special event permit meets the requirements of the city code and
has not been found to present any safety concerns. Therefore, staff recommends that the council
approve Resolution No. 16-103, Authorizing issuance of a Special Event Permit.
ATTACHMENTS
Resolution No. 16-103
CITY OF LINO LAKES
RESOLUTION NO. 16-103
APPROVING A SPECIAL EVENT PERMIT FOR THE SOARING BOAR
FOOD TRAILER
WHEREAS, owner, John Koch has submitted an application for a special event permit; and
WHEREAS, Mr. Koch wishes to sell items from his food trailer at his business located on Lake
Drive; and
WHEREAS, the food trailer would be present Friday, Saturday, Sunday or occasional other days
of the week September 13 through October 31, 2016 from 11:00 a.m. to 6:00 p.m.
WHEREAS, Mr. Koch has submitted a plot plan of where the food truck will be located on their
property; and
WHEREAS, Mr. Koch is required to contact the Anoka County Environmental Services at 763-
422-7069 for permission to operate in the City.
WHEREAS, food trailer vendors are required to provide their state licensing information to the
Anoka County Environmental Services.
WHEREAS, fire department requires food trailer vendor to be at least 20 feet from the structure;
WHEREAS, city staff has reviewed the special event plans and have determined that they meet
the requirements of the City’s ordinances;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council hereby authorizes the issuance of a Special Event Permit to Dave Koch,
The Soaring Board to be held Friday, Saturday, Sunday or occasional other days of the week
September 13 through October 31, 2016 from 11:00 a.m. to 6:00 p.m.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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 1F
STAFF ORIGINATOR: Diane Hankee
MEETING DATE: September 12, 2016
TOPIC: Consider Resolution No. 16-105, Approving Amendment to
Public Improvement Surety Agreement, NorthPointe 4th Addition
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council approval of the First Amendment to the NorthPointe 4th Addition
Surety Agreement.
BACKGROUND
As part of the Development Agreement, the City Council approved a Surety Agreement for
NorthPointe 4th Addition by Resolution No. 16-70 on July 11, 2016. The Surety Agreement in
the amount of $1,080,904 provides financial security for 125% of the estimated cost of
improvements which is deposited with the Escrow Agent.
The Bank has requested an amendment to the Surety Agreement requiring that they also
approve the work completed prior to disbursal.
RECOMMENDATION
Staff recommends adoption of Resolution No. 16-105.
ATTACHMENTS
1. Resolution No. 16-105
CITY OF LINO LAKES
RESOLUTION NO. 16-105
APPROVING FIRST AMENDMENT TO
PUBLIC IMPROVEMENT SURETY AGREEMENT
NORTHPOINTE 4TH ADDITION
WHEREAS, the City Council adopted Resolution No. 16-70, on July 11, 2016, approving the
Public Improvement Surety Agreement for NorthPointe 4th Addition; and
WHEREAS, the Agreement requires financial security of $1,080,904 to be escrowed with the
Escrow Agent, that amount being 125% of the estimated cost of improvements ($864,723); and
WHEREAS, the Amendment to the Surety Agreement requires the Bank, Escrow Agent and
City approve the work completed prior to disbursal of funds; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes
hereby approves the First Amendment to Public Improvement Surety Agreement attached
hereto.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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
AMENDMENT TO
PUBLIC IMPROVEMENT SURETY AGREEMENT
NorthPointe 4th Addition
THIS AMENDMENT is entered into on September ______, 2016, by Registered
Abstractors, Inc., a Minnesota corporation (“Escrow Agent”), City of Lino Lakes (“City”), Tony
Emmerich Construction, Inc., a Minnesota corporation (“Developer”), Parties to the Public
Improvement Surety Agreement (“Surety Agreement”) which is attached as Exhibit A
(“Agreement”) and referenced in the Development Agreement & Planned Unit Development
Agreement for NorthPointe 4th Addition dated August 10th, 2016 (“PUD Agreement”), and
Northeast Bank, a Minnesota corporation (“Bank”).
RECITALS
WHEREAS, the PUD Agreement requires the payment of financial security of
$1,080,904.00, in cash, to be deposited with Escrow Agent and a Letter of Credit posted with the
City in the amount of $83,970.00; and
WHEREAS, the Bank has required that the Surety Agreement be further amended to
provide that the cash which is being deposited with Escrow Agent is a loan from the Bank to the
Developer/Borrower, and said cash shall be deposited in an account held at the Bank in the name
of the Escrow Agent under certain terms and conditions acceptable to the Bank, and said Surety
Agreement shall further include restrictions on draws or the release of funds from said escrow
account by all Parties including the Bank.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, it is agreed between the Parties as follows:
1. Paragraph 1 of the Surety Agreement shall be further modified by adding the
following sentence:
“1. The deposit of funds in the amount of $1,080,904.00 represents the loan fund
which the Developer/Borrower has secured from the Bank (hereinafter “Loan
Funds”). The Loan Funds shall be deposited in an Escrow Account at the Bank
(“Escrow Account”) and held in the name of the Escrow Agent. Escrow Agent
acknowledges that the Escrow Account shall be utilized only for draws for
improvements undertaken and completed pursuant to the Surety Agreement,
Development Agreement, and Loan Agreement between Borrower and
Developer. In no event shall Escrow Agent be allowed to comingle any Funds or
withdraw any Funds from said Escrow Account for any use other than
reimbursement for the costs of improvements defined in the PUD Agreement.
The Letter of Credit shall be for a one (1) year period and automatically renewed
for successive one (1) year periods.”
2
2. Restrictions on Withdrawal of Funds from Escrow Account. Regardless of any
provision to the contrary within the Public Improvement Surety Agreement, no
Funds shall be released from the Escrow Account to the Escrow Agent for
disbursement unless the same is approved by both the City and the Bank.
3. Paragraph 3 of the Surety Agreement shall be revised to provide that all items
identified under said paragraph 3 shall be furnished to the City and to the Bank
and must be approved by both the City and the Bank prior to any further
distribution of any Escrow Funds by Escrow Agent.
Paragraph 3 shall be further revised by adding the following:
“If requested by Bank or Escrow Agent, Borrower shall also furnish to Bank and
Escrow Agent a copy of each contract with each of the Contractors. Borrower
shall keep the Escrow Agent and Bank advised at all times of the names of all
Contractors, and of the type of work, material or services and of the dollar amount
covered by each of their respective contracts with Borrower. It is understood that
only Contractors whose names, contract descriptions and, after a request therefor,
contracts have been furnished to Bank and Escrow Agent shall be entitled to
receive disbursements under this Agreement.
Borrower may obtain advances for disbursement to contractors only to the extent
of the amount currently due to each Contractor for work satisfactorily completed
or materials actually incorporated into the Project by such Contractor, less any
retainage permitted to be withheld pursuant to such Contractor's contract, and
Borrower agrees that all sums requested hereunder for disbursement to each
Contractor shall not exceed that amount. Escrow Agent shall not be required to
make the final advance for the payment of the full amount of each Contractor's
contract until the Bank and City are satisfied that all of the work covered by such
contract has been completed in accordance with the approved Plans, and all
requirements set forth in the Loan Agreement and Development Agreement have
been fully complied with, including, with respect to the General Contractor, the
requirements to evidence Completion of the Improvements.
The Escrow Agent shall perform a search of the appropriate records and, within
five (5) Business Days after receiving the foregoing items, shall give Bank notice
by telephone if any intervening liens are disclosed (other than those expressly
listed in the Title Policy or subsequent amendments thereto previously given to
Bank). If any such intervening liens or other matters, which in Bank's and City’s
judgment jeopardize its security interest in the Project, are disclosed, the Escrow
Agent shall refrain from making further disbursements until Bank and the City
notify the Escrow Agent that such intervening liens or other matters have been
waived by Bank and City or satisfied. Upon demand of Bank and/or City,
Borrower shall immediately cause any such liens or other matters to be satisfied
of record or bonded, or shall make other arrangements with respect to the
discharge thereof satisfactory to Bank and City.”
3
4. Paragraph 6 of the Surety Agreement shall be revised to provide that items listed
under paragraph 6 shall also be provided to and approved by the Bank prior to any
disbursements of funds.
5. Paragraph 7 of the Surety Agreement shall be revised to provide that all
notifications shall be delivered to both the City and the Bank in writing and all
notifications regarding document approval shall be provided to both the City and
the Bank. If Borrower fails to deliver documents or provide any missing
documents, the Escrow Agent shall provide notice to both the City and the Bank.
Any documents supplied or requested by Escrow Agent shall be provided to both
the City and the Bank to the City’s and Bank’s full satisfaction.
6. Paragraph 9 of the Surety Agreement shall be revised to provide that the City,
Bank and Developer have the right to examine the books and records of the
Escrow Agent and the Escrow Agent shall notify both the City and the Bank when
the fund balance is less than $25,000.00.
7. Paragraph 11 of the Surety Agreement shall be revised to provide that the Escrow
Agent, City and Bank do not ensure that the building or construction will be
completed or when completed will be pursuant to the Plans and Specifications.
8. Paragraph 14 of the Surety Agreement shall be revised to provide any future
amendment to the Surety Agreement shall only be approved by all Parties to this
Agreement including, but not limited to, the Bank.
9. Paragraph 16 of the Surety Agreement shall be revised to provide that Escrow
Agent shall provide financial statements to both the City and the Bank.
10. Paragraph 21 of the Surety Agreement shall be revised to provide that in the event
the City has declared a default under the Development Contract/Planned Unit
Development Agreement, this Agreement shall not terminate and all funds held in
the Escrow Account shall remain held in said Escrow Account pending agreement
between the City and the Bank as to the application of any funds held in Escrow
and, in the event the Parties cannot agree to the same to a court of competent
jurisdiction in connection with allocation of the funds.
11. Paragraph 23 of the Surety Agreement shall be deleted in its entirety and replaced
with the following:
“All remaining funds, after completion of all work as provided in this Agreement,
shall be returned to Bank and disbursed by the Bank pursuant to the terms and
conditions of the Loan Agreement by and between Bank and Borrower dated
August ______, 2016. All remaining funds held pursuant to this Agreement shall
be disbursed to the Bank as soon as reasonably possible after review and approval
by the City of all terms and conditions of this Agreement.”
4
12. Except as revised herein, all other terms and conditions of the Surety Agreement
shall remain unchanged.
ESCROW AGENT: Registered Abstractors, Inc.,
a Minnesota corporation
By_________________________________
Its:
CITY: City of Lino Lakes
By:________________________________
Jeff Reinert, Mayor
ATTEST:
By:________________________________
Julianne Bartell, City Clerk
DEVELOPER: Tony Emmerich Construction, Inc.,
a Minnesota corporation
By:__________________________________
Baleen K. Roberts
Its: President
BANK: Northeast Bank, a
Minnesota corporation
By: _________________________________
Larry G. Crane
Its: Market President
5
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of August, 2016, by
_________________________, the _________________ of Registered Abstractors, Inc., a
Minnesota corporation, on behalf of the corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2016,
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 ____________, 2016
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of August, 2016, by
Baleen K. Roberts, the President of Tony Emmerich Construction, Inc., a Minnesota corporation, on
behalf of the corporation.
____________________________________
Notary Public
6
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of August, 2016, by
Larry G. Crane, the Market President of Northeast Bank, a Minnesota corporation, on behalf of the
corporation.
____________________________________
Notary Public
690074-v3
7
EXHIBIT A
Public Improvement Surety Agreement
1
PUBLIC IMPROVEMENT SURETY AGREEMENT
NorthPointe 4th Addition
THIS AGREEMENT is entered into on ____________, 2016, by
____________________________ (hereinafter "Escrow Agent"), City of Lino Lakes
(hereinafter "City"), and Tony Emmerich Construction, Inc. (hereinafter "Developer").
RECITALS
WHEREAS, City and Developer have entered into a Development Contract and
Planned Unit Development Agreement dated __________ pursuant to which Developer has
agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a letter
of credit; and
WHEREAS, Developer agrees to privately construct improvements serving
NorthPointe 4th Addition, legally described on Attachment A. The Final Plat is attached hereto
as Attachment B; and
WHEREAS, City and Developer desire that Escrow Agent disburse the advances and
Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not
providing any title or mechanic lien clearance services; and
WHEREAS, capitalized terms used, and not otherwise defined herein, shall have the
meanings set forth in the Development Contract & Planned Unit Development Agreement;
and
NOW THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, it is agreed between the parties as follows:
1. Developer will deposit escrowed funds in the amount of $1,080,904.00 with Escrow
Agent.
2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder
to Developer to pay the costs of construction of the identified improvements (See
Attachment C) to be constructed on the described real property as such property is
identified in the Development Contract & Planned Unit Development Agreement. The
number of permissible draws and the fees to be charged therefore is as is set forth
herein.
3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and
Escrow Agent must be furnished with the following items:
2
a. Sworn Construction Statement, setting forth all contractors and material
suppliers with whom the Developer has contracted, the amounts of each
contract, the amounts paid-to-date, the amounts being requested, and the
balances due.
b. The draw request by the Developer for the requested disbursement.
c. Written Approval by the City of the disbursement request, which approval shall
(i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10)
business days following the date submitted by the Escrow Agent [in accordance
with Paragraph 7 below] with confirmation from the Escrow Agent that
Developer has provided all of the items required to be submitted under this
Paragraph 3. Failure by the City to respond to such request within such 10
business day approval period shall automatically be deemed to be City’s
approval to same. Escrow Agent may communicate with City electronically
relative to these requests.
d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and
releases of lien if necessary, in a form satisfactory to Escrow Agent and City.
e. A list showing each Contractor/Vendor to be paid from the current Draw
Request, the amount of payment, and the category of cost as shown on the
Sworn Construction Statement for which such payment are to be made.
f. Such other supporting evidence as may be reasonably requested by the City or
Escrow Agent to substantiate all payments that are to be made out of the
relevant Draw Request and/or to substantiate all payments, then made with
respect to the Project.
4. Escrow Agent’s charges for all of the escrow services to be provided for pursuant to this
Agreement are $150.00 per draw.
5. No draw requests shall be made by Developer while another is pending or in the event
the City has declared default under the Development Contract & Planned Unit
Development Agreement.
6. At the time of submission of the final Draw Request, which shall not be submitted
before completion of the Project, including all landscape requirements, Developer shall
submit to City and Escrow Agent, in addition to the requirements listed in Paragraph 3
above the following:
a. A written lien waiver from all Contractors for work done and materials furnished
for the Project.
3
b. Such other supporting evidence as may be reasonably requested by the City or
Escrow Agent to substantiate all payments, which are to be made out of the final
Draw Request and/or to substantiate all payments, then made with respect to
the Project.
c. Satisfactory evidence that all work requiring inspection by Governmental
Authorities having jurisdiction, including the City, has been duly inspected and
approved by such authorities and that all requisite certificates of occupancy, if
applicable, and other approvals have been issued.
d. Final Sworn Construction Statement.
e. The Developer’s general contractor shall submit a 2 year warranty bond, in a
form satisfactory to the City Attorney, from the date of Project acceptance and
all required IC-134 documents.
7. Not later than five business days following receipt of the documents delivered to it
pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to
whether the delivered documents are satisfactory to it. If documents are missing, the
Escrow Agent will advise City and Developer. If the documents are supplied to the
satisfaction of the City and Escrow Agent, Escrow Agent will within 3 business days
transmit to the Developer the amount applied for in the relevant draw request.
8. Developer will pay parties identified in the relevant draw request, the amounts shown
therein. Payment will only be made upon receipt of signed lien waivers for the amount
requested.
9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect
the disbursements made by it hereunder. City and Developer may, during normal
business hours, examine the books and records of Escrow Agent pertaining to the
disbursements made by it hereunder. The Escrow Agent shall notify the City and
Developer when fund balance is less than $25,000.
10. No liability is assumed by Escrow Agent or City to the Developer or contractors as
regards protection against mechanic's lien or title claims.
11. Functions and duties assumed by the Escrow Agent include only those described in this
Agreement, and the Escrow Agent is not obligated to act except in accordance with the
terms and conditions of this Agreement. Escrow Agent does not insure that the building
or construction will be completed, or that the building when completed will be in
accordance with the plans and specifications, or that sufficient funds will be available for
completion. The funds placed in escrow shall be maintained in a non-interest bearing
account
4
12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this
document.
13. This Agreement shall be binding upon the parties hereto and their respective successors
and assigns.
14. This Agreement can be amended or modified only by a written Amendment, written and
signed by all of the parties hereto.
15. Escrow Agent shall place all received funds in a FDIC insured account.
16. Prior to the execution of this Agreement, the Escrow Agent shall submit financial
statements to the City Attorney for review and approval.
17. If directed by the City in its reasonable business judgment, the Developer shall submit
additional security to address change orders or unanticipated Project costs which costs
will be reasonably agreed upon by the City and Developer.
18. The parties hereto, agree that each party’s legal cost incurred to draft and / or negotiate
this Agreement on behalf of such party shall be the sole responsibility of the party
incurring same.
19. Time is of the essence as to each provision of this Agreement.
20. All notices required or permitted under this Agreement shall be (i) delivered to the
addresses set forth below, and (ii) mailed, delivered or transmitted by one party to the
other(s) and such notice shall be deemed given and effective: upon receipt if personally
delivered; upon receipt if sent by telecopy or electronic mail; upon receipt or upon the
date of first attempted delivery, if sent by certified or registered mail with postage
prepaid, return receipt requested, or if sent by Federal Express or other nationally
recognized carrier service; or upon receipt if sent in any other way. Any party hereto
may from time to time, by written notice to the other parties, designate a different
address which shall be substituted for the one specified below.
21. In the event the City declares default under the Development Contract & Planned Unit
Development Agreement this Escrow agreement shall terminate and all funds held in
escrow shall be remitted to the City for application to obligations specified under the
Development Contract & Planned Unit Development Agreement
Escrow Agent: ________________________
________________________
________________________
________________________
5
City: City of Lino Lakes
Attn: Michael Grochala
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Developer: Tony Emmerich Construction, Inc.
Attn: Baleen K. Roberts, President
4920 173rd Avenue NE
Ham Lake, Minnesota 55304
22. This Agreement may be executed in any number of counterparts, each of which shall be
an original but all of which shall constitute one and the same instrument. The delivery
of an executed counterpart of this Agreement by facsimile or PDF or similar attachment
to an email in accordance with Paragraph 21 above shall constitute effective delivery of
such counterpart for all purposes with the same force and effect as the delivery of an
original, executed counterpart.
23. All remaining funds, following City review and approval, shall be sent to the Developer
in a timely manner.
6
ESCROW AGENT
_________________________
Escrow Agent
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2016, before me, a Notary Public within and
for said County, personally appeared __ _ (Escrow Agent), who executed the
foregoing instrument.
______________________________
Notary Public
7
DEVELOPER CITY OF LINO LAKES
By ______________________ By _________________________
Baleen K. Roberts, President Mayor
Its ______________________
Tony Emmerich ATTEST:
Construction, Inc.
By _________________________
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2016, before me, a Notary Public within and
for said County, personally appeared _________________ (Mayor) and
____________________ (City Clerk), to me known to be respectively the Mayor and Clerk of
the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they
executed the same on behalf of said City.
______________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2016, 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
NorthPointe 4th Addition
Development Agreement
July 11, 2016
page 15
ATTACHMENT A
Legal Description
Outlot B, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County,
Minnesota.
NorthPointe 4th Addition
Development Agreement
July 11, 2016
page 16
ATTACHMENT B
Final Plat
NORTHPOINTE 4TH ADDITION
KNOW ALL PE~SC~1S BY THESE PRESE~ITS: That Tony Emmericr Construccion, ne,, o Minnesota corporction,
owrer cf the followirg described :>roperty:
Outlot B, NORTHI'OII~TE 3RD A.DJITION, cccording to the recorced plot hereof, A.noko Gounty, f~inresoto.
Has co usee the s>Jnc to be surveyed and plattec as NORTHPOirHE 4-H ADD IT ON and docs hereby dedicate
to t'le f!l,blic: for :JIJhlic: USe the rmhlic: WCl)IS nnrl the ciroino~e nnrl lJtility f:CJSemerts ClS shown :Jn this riot.
In witness whereof said Tony Ernrrerich Co1struct'on, Inc., a rvlinnesota corpDroticn, hcs caused t1ese presents
to oe sigced by its proper ofiicer this day of 20
TONY EMMERICH CONSTRUCTION, INC.
Baleen K. Roberts, Pr·eside··,t
STATE OF ____ _
COUNTY OF -----
This instrumert Nos acknowledcJed before me on by Baleen -<. Roberts,
Pr-esic]ent of Tony Fmmer-ich C:cnstruction, Inc., o MinrlescJtcJ corpcrotion, on beholf of the corporotion.
Notary Public,
My cmT1mission ex:Jn~s
DRAINAGE AND UTILITY
EASEMENTS ARE SHOWN THUS:
(NOT TO SCALE)
I I
I I
o-~l r-
1 I
I I
0 -1 l~-5 0
I I I
I " --~----~ L----~--
being 5 feet in width. and adjoining side lot lines.
and 10 feet in width and adjoining right of woy
lines and rear lot lines unless otherwise shown on
this plat.
Denotes Right of Access dedicated
--o --to Anoka County per tho plat of
NORTHPOINlE
Denotes Right of Access dedicated
__ 6 __ to the State of Minnesota per the
plat of NORTHPOINlE
N
For the purposes of this plat. the most
southerly line of Outlot B. NORTHPOINlE
3RD ADDITION is assumed to have a
bearing of South 89 degrees 57 minutes
14 seconds West.
e,j ,_,
66
---1 I ili ili
lili .Jlli. ---Denotes Wet Land location
Tromcs R. Bolluff d:> hereby certify that this plat was prepwec by me or urder my direct supervision; that
orr a duly Licensed Land Surveyor in the State of ~linnesota; that this plat is a correct represencation of tre
ooundary survey; that a I rratherratieal data and lcbels ere correctly designated on tris pat; that al
'Tlonuments deoicled on his plot have beer, or will be correctly set vdhin one yew; trot oil water bo~ndaries
and wet lands, as ce"'ined i1 ~Jiinres::Jto Statutes, Secti::::m 50.5.01, Subd. 3, as of the d,'Jte of this certifico-::e
ore shown and lacclcd on tris plot; and all pual·e ways ore shown one labclce on chis plct.
Jated -::his ___ day of LO -~
Thomas R. Balluff, Licensed Lane Surveyor
~linnesoto Licerse ~b. 4J361
STATE OF
COUNTY OF ____ _
This 'nstr-.Jment was ccknowl;:;dged ::Jefore me on
~lotary Public,
My commission exprres
CITY COUNCIL, CITY OF UNO LAKES, MINNESOTA
oy Tromcs R. Bclluff.
This plat of NORTH POINTE 4TH ADDITIC~J wcs cppr:1ved and accepted by the Cicy Cocncil of the C ty cf
_ino _okes, Mirrnesoto ot •J r·egclu meetirg theceof held this day of
20_ and said plot is in complance with the provisions of Min1esota Statutes, Section 585.03, :i~bd. 2.
CITv COU~C L, CITY OF LI~IO LII.KES, \IIINNESOTA
~ y: _______________ , Mo yor
;::
ioo DO ;.,·
Nit)
0 U) DN 0 z
By ______________________ , Clerk
~11\/JT, l')f'I~ITI-
1 'J\_J,-\ I //,-\_/II~ I L_
GRAPriC SCALE
0 60 1 20 24,]
Denotes 1/2 Inch by 14 Inch Iron monument set
C or to be set with in one year of recording of
this plat and marked with license number 40361
Denotes Found Iron Monument. marked with
• license number 40361 unless otherwise noted (SC~.LE I~ FEET)
I I~CH ~ 120 FEE-
662.83
1129.09
S89°57'14"W
CITY OF UNO LAKES
COUNTY OF ANOKA
SEC. 25, TWP. 31, RGE. 22
COUNTY SURVEYOR
I hereby cecllfy that in accordance with Minnesota Scatc tes, Sectior 505.021, Subd. 11, this pat has
beerl reviewed ond approved this doy of 20
By: ____________________________________ _
_orry =::. Hoium
ll.noka Cocnty Surveyor
COUNTY AUDITOR/TREASURER
Puouuril lu \llirllleoulu Slululeo, Secliurl :JO:J.021, SuLJ. S, luxe,; rouyuule in lhe yeur 20_ Ull lhe
land hereirbefcre cescribed rave been paid. 1\lso, pursuant to Mi1nesota Scatctes, Sectior 272.12,
ihP-re CJre r10 delinquf:ni lcJXeS cmcJ lr:mslt-:r enlered lhis dCJy or
20
Pcopecty Tax Administrator
By ___________________________ , Je put y
COUNTY RECORDER/REGISTRAR OF TITLES
County of A1oko, State :Jf f~inresota
I her-eby cectify that this pat of NORTHPOINE 4TH ADDIT 0~1 was filed rn the office of the County
Recorder/Re~istrar of -itles for public record on this day of
20_ ct o'clock __ .~1. and was duly recorded rn Book _______ _
nnclJilt=:nt
r'umbcr
I
I
..-('
I
I
I
0
I
County Recorder /Registrar of -itles
By __________________________ , Deputy
S7;c4088}J ~-...
04"[
I-, I
I
I
I
I
J. ...
I
~
I
~
I
I
/
I
I
I
I
-... _,_
-I
I
I
C)
-,.
"'-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Poqe ___ ~
I
I
I
I
I
as
ENVIRONMENTAL· ENGINEERING· SURVEYING
SH::.ll 1 Cc 2 SHlll S
INSET 'A'
108.69
150.77
NORTHPOINTE 4TH
' ......
'
136.62i ------,
I
I
I
1
30.00 ( 30.00
50.00
1'89'36'52"E
J.
'
l)
' ' '<.."
' '
OUTLOT A
N88"19'38"E
582.14
J.
' ......
'
'
0
V>
w
"'" oco
h::::i "' o" 0
V>
ro me ,..: 61 co,
~ I
'll
)L
8
-__15_2.87
30 I
I
J ro 1
~I
I
I ,,,
I
:;: :::
·c--LO ~ ~ ;;:;o
ROSEWOOD 26o.o1 STREET 1 'i ~-g--+__.-:=-------,89'57'~-------; -,
762.01 --~
S89°57'14"W
EI>SEI~ENT--, ·>-20.01
7C.OO ,, 80.00
~I "'
I
30
'0 30.00
30
30.00
w
ADDITION
N
0
•
GRAPHIC SC,\LE
0 30 50 120
(SCAI F I' FFFT)
1 II,CH -60 FEET
CITY OF UNO LAKES
COUNTY OF ANOKA
SEC. 25, TWP . .31, RGE. 22
DRAINAGE AND UllLITY
EASEMENTS ARE SHOWN THUS:
u
I I
, I I
o-~-~ r-
I
I
_j
1
I
0
' I
L~-5
I ___ t_ ____ j L _____ j_ __
I
' being 5 feet In width, and adjoining side lot lines,
and 10 feet In width and adjoining right of woy
lines and rear lot lines unless otherwise shown on
this plat.
For the purposes of this plat, the most southerly line of Outlot
B, NORTHPOINTE 3RD ADDillON is assumed to have a bearing of
South 89 degrees 57 minutes 14 seconds West.
Denotes 1/2 Inch by 14 Inch Iron monument set or to be set
within one year of recording of this plat and marked with
license number 40361
Denotes Found Iron Monument, marked with license
number 40361 unless otherwise noted
Denotes Wet Land location
(()Carlson
McCain
ENVIRONMENTAL • ENGINEERING • SURVEYING
SHEET 2 OF 2 SHEETS
NorthPointe 4th Addition
Development Agreement
July 11, 2016
page 17
ATTACHMENT C
Securities, Escrows & Fees
7/5/2016
ATTACHMENT C
PROJECT: NorthPointe 4th Addition NUMBER OF REU's:31
APPLICANT: Tony Emmerich Construction, Inc NO. OF LOT FRONTAGES 31
AREA(Lots, R/W, Outlot D):14.8
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS
SITE GRADING $0
EROSION CONTROL $8,000
LANDSCAPING $6,500
TRAIL AND SIDEWALK $20,480
STREETS $257,494
STORM SEWER CONST.$117,904
SANITARY SEWER CONST.$270,908
WATERMAIN CONST.$177,436
ENGINEERING & SURVEYING $6,000
Total $864,723
Public Improvement Surety Amount X 125%$1,080,904
CITY IMPROVEMENT COSTS
TRUNK SANITARY SEWER $95,263
TRUNK SANITARY SEWER CREDIT
TRUNK WATERMAIN $126,139
TRUNK WATERMAIN CREDIT ($59,404)
TOTAL TRUNK SEWER & WATER FEES $161,998
SURFACE WATER MANAGEMENT $93,353
SURFACE WATER MANAGEMENT CREDIT ($15,452)
TOTAL SURFACE WATER MANAGEMENT FEES $77,902
Total $239,900
Letter of Credit Amount X 35%$83,970
ESCROW
PLANNING REVIEW $1,500
ADMINISTRATION $25,950
ENGINEER PLAN REVIEW $7,500
ENGINEER CONSTRUCTION SERVICES $22,500
PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500
STREET LIGHT INSTALLATION $10,000
STREET & STORMWATER MAINTENANCE $2,500
PROPERTY TAXES $5,000
BOULEVARD TREE PLANTING $15,035
Total $92,485
DEVELOPMENT FEE DEPOSIT
PARK DEDICATION $77,500
PARK DEDICATION CREDIT (4.59 acres)($114,750)
TOTAL PARK DEDICATION FEES ($37,250)
SEAL COATING FEE $17,375
AERIAL PHOTO FEE $2,790
STREET LIGHTING OPERATION $420
Total $20,585
SUMMARY OF COSTS
PUBLIC SURETY DEVELOPER IMP'MENT COSTS $1,080,904
LETTER OF CREDIT CITY IMPROVEMENT COSTS $83,970
ESCROW $92,485
DEVELOPMENT FEES $20,585
CITY COUNCIL SPECIAL WORK SESSION August 22, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : August 22, 2016 4
TIME STARTED : 9:10 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 Swenson; 11
Community Development Director Grochala; Finance Director Sarah Cotton; Public 12
Services Director DeGardner; City Clerk Julie Bartell. 13
14
Finance Director Cotton presented new budget information developed since the council’s 15
last review. New information, including from the county and from staff changes within 16
the budget, has resulted in new figures within the gap analysis. Staff recommended 17
changes were explained. 18
19
Council Member Rafferty requested that the council consider a change for the advisory 20
stipend which hasn’t been reviewed for many years. Administrator Karlson said staff will 21
respond on that direction at the next work session. 22
23
Mayor Reinert noted that staff has responded to the council’s direction to identify 24
changes within the budget. 25
26
Ms. Cotton noted that the numbers from the county also impacted positively the amount 27
required to reach the goal of a flat tax rate. 28
29
Mayor Reinert suggested that the council get together one more time and finalize the 30
figures for 2017. When Administrator Karlson asked what staff would provide for an 31
additional meeting, Mayor Reinert didn’t have a specific instruction but suggested there 32
would be one more budget work session. 33
34
Council Member Rafferty asked about the fire stipend and Ms. Cotton said the budget 35
provided for 25 cross trained staff and there are actually 23. 36
37
The council thanked staff for bringing forward the requested information and in an easy-38
to-read form. 39
40
The meeting was adjourned at 9:30 p.m. 41
42
These minutes were considered, corrected and approved at the regular Council meeting held on 43
September 12, 2016. 44
45
CITY COUNCIL SPECIAL WORK SESSION August 22, 2016
DRAFT
2
46
47
48
Julianne Bartell, City Clerk Jeff Reinert, Mayor 49
50
CITY COUNCIL
AGENDA ITEM 1H
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: September 12, 2016
TOPIC: Resolution No. 16-107, Approving a Peddler License for
Edward Jones Financial
VOTE REQUIRED: 3/5
BACKGROUND
A representative from Edward Jones Financial, 5661 – 147th Street North, Hugo, MN has
submitted a peddler’s license application to the city clerk's office. The company
representative who will be working in Lino Lakes is Mr. Andrew Fish. He plans to travel
through Lino Lakes’ neighborhoods going door to door offering financial services to
interested potential clients.
The City has received all the necessary forms required to issue this company a license.
The license is contingent upon the background check being completed by the Lino Lakes
Public Services Department.
The application and all other required information is on file in the city clerk's office for
review.
RECOMMENDATION
Approve Resolution No. 16-106, Approving the issuance of a Peddler License for a six
month period commencing September 13th, 2016.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 16-107
APPROVING A PEDDLER LICENSE FOR EDWARD JONES FINANCIAL
WHEREAS, Andrew Fish, Financial Advisor for Edward Jones Financial, has submitted a
peddlers license application to the city clerk's office; and
WHEREAS, Andrew Fish has complied with all of the provisions of Chapter 613 of the Lino
Lakes City Code for obtaining the necessary license; and
WHEREAS, the Peddler/Solicitor License is contingent upon the Lino Lakes Public Safety
Department’s background check on the company representatives that will be working in Lino
Lakes, Mr. Andrew Fish;
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves
the request of Andrew Fish, Edward Jones Financial, to travel throughout Lino Lakes offering
financial services door to door for a period of six-months beginning September 13, 2016 and
ending March 13th, 2016.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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
AGENDA ITEM 1I
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: September 12, 2016
TOPIC: Approve Application for Aquinas Roman Catholic Home
Education Services to Conduct Excluded Bingo Event
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
INTRODUCTION
The City has received an application from the Aquinas Roman Catholic Home Education
Services (ARCHES) organization to conduct an excluded bingo event at St. Joseph’s
Church, 171 Elm Street, Lino Lakes on November 8, 2016.
BACKGROUND
Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an
organization that conducts four or fewer bingo occasions in a calendar year, or in
connection with a county fair, the state fair, or a civic celebration if it is not conducted for
more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services
organization meets this requirement. The organization also meets the requirements of the
Lino Lakes City Code since the physical site where the organization regularly conducts
its activities is located within the city (St. Joseph’s Church).
City policy requires a background investigation on the applicant (James Kostick) which
has been successfully completed by the Public Safety Department.
The Application and a certificate of non-profit status from the Internal Revenue Service
are on file in the city clerk’s office.
RECOMMENDATION
Approve the application for the Aquinas Roman Catholic Home Education Services
(ARCHES) to conduct an Excluded Bingo Event on November 8, 2016.
CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: September 12, 2016
TOPIC: Acceptance of Donation from The Patriot Ride
VOTE REQUIRED: 3/5
INTRODUCTION
The 2016 Patriot Ride took place on July 9, 2016. The Patriot Ride is an event to honor and
remember all military personnel, veterans, and fallen military in Minnesota. Further
information on The Patriot Ride can be found on their website www.thepatriotride.org.
BACKGROUND
The Patriot Ride starts and ends at the Blaine Airport with part of the ride route on Lake Dr.
Members of the Public Safety Department – Police Division and Police Reserves personnel
assist with traffic management along the portion of the route in Lino Lakes.
The Patriot Ride has informed staff that they wish to make a donation of $300 to the Lino
Lakes Public Safety Department – Police Division in recognition of the of the police reserve
personnel that assisted with the event.
Jim Woodruff will be attending the Council meeting on behalf of the Patriot Ride.
RECOMMENDATION
Staff recommends that Council accepts the donation of $300 from The Patriot Ride.
ATTACHMENTS
CITY COUNCIL
AGENDA ITEM 4B
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: September 12, 2016
TOPIC: Approve Resolution 16-98 Authorizing City Prosecutor Access to
Minnesota Government Data
VOTE REQUIRED: 3/5
INTRODUCTION
The Lino Lakes City Council approved a contract with GDO Law, formerly known as Geck,
Duea & Olson, for prosecution services at the October 12, 2015 Council Meeting.
BACKGROUND
As part of providing prosecution services, prosecutor must have access to the electronic
criminal and court documents. This access is currently granted to the attorney’s serving as City
Prosecutors through a system that will be upgraded by the State of Minnesota.
As part of the roll out of the upgraded Minnesota Government Access (MGA) the State of
Minnesota is requiring that the City pass a resolution acknowledging the law firm that is
providing prosecution services to the City. This resolution further authorizes staff to sign the
Court Data Services Subscriber Amendment to CJDN Subscriber Agreement and State of
Minnesota Joint Powers Agreement Authorized Agency agreements. Both agreements are
attached to this staff report.
All associated costs are covered under the current contract with GDO Law and as such there
will be no additional costs to the City.
Representative from GDO Law will be at the meeting to address any questions the Council may
have.
RECOMMENDATION
Staff recommends the approval of Resolution 16-98.
ATTACHMENTS
Resolution 16-98
Court Data Services Subscriber Amendment to CJDN Subscriber Agreement
State of Minnesota Joint Powers Agreement Authorized Agency
CITY OF LINO LAKES
RESOLUTION NO. 16-98
APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE
CITY OF LINO LAKES ON BEHALF OF ITS CITY ATTORNEY AND POLICE
DEPARTMENT
WHEREAS, the City of Lino Lakes on behalf of its Prosecuting Attorney and Police
Department desires to enter into Joint Powers Agreements with the State of Minnesota,
Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools
available over the State’s criminal justice data communications network for which the City is
eligible. The Joint Powers Agreements further provide the City with the ability to add, modify
and delete connectivity, systems and tools over the five year life of the agreement and obligates
the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City
of Lino Lakes on behalf of its Prosecuting Attorney and Police Department, are hereby approved.
Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it.
2. That the Director of Public Safety, Chief John Swenson, or his or her successor, is designated
the Authorized Representative for the Police Department. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the State of
Minnesota to maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Commander
Kelly McCarthy is appointed as the Authorized Representative’s designee.
3. That GDO law, head prosecutor Robb L. Olson, or his successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also authorized
to sign any subsequent amendment or agreement that may be required by the State of Minnesota
to maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Heather
Monnens, prosecutor, is appointed as the Authorized Representative’s designee.
4. That Jeff Reinert, the Mayor for the City of Lino Lakes, and Julianne Bartell, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreements.
Adopted by the Council of the City of Lino Lakes this _____ day of __________________.
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
1
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of Lino Lakes on behalf of its Prosecuting Attorney
(“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any
legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 111316, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
2
a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA.
b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch websi te (for which the
current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. “Court Confidential Case Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. “Court Confidential Security and Activation Information” means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
3
f. “Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g. “Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
4
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
5
7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any tradem ark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
6
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the st ate of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
7
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
8
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
9
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solel y to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
10
1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
SWIFT Contract # 111316
MN002049A
1
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Lino Lakes on behalf of its Prosecuting Attorney ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA’s systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information
with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
SWIFT Contract # 111316
MN002049A
2
2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://app.dps.mn.gov/cjdn.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s
transaction record meets FBI-CJIS requirements.
When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
SWIFT Contract # 111316
MN002049A
3
keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA’s request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency understands there is a cost for access to the criminal justice data communications network described in
Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the BCA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency will provide updated information to BCA’s
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Robb Olson, City Attorney, 4770 White Bear Parkway, Suite 100, White
Bear Lake, MN 55110, (651) 426-3249, or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
SWIFT Contract # 111316
MN002049A
4
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a
SWIFT Contract # 111316
MN002049A
5
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s
determination controls.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
SWIFT Contract # 111316
MN002049A
6
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Kendra Lindahl, Landform
MEETING DATE: September 12, 2016
TOPIC: Woods Edge PUD Final Plan and Final Plat
(Case File No. FP2016-003 and PF2016-001)
i) Consider Resolution No. 16-100 Approving PUD Final
Plan/Final Plat
ii) Consider Resolution No. 16-101 Approving Development
Agreement (To Follow)
iii) Consider 2nd Reading of Ordinance No. 08-16 Vacating
Drainage and Utility Easements, Outlot B and Outlot D
of The Village No. 3*
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the PUD Final Plan/Final Plat, Development
Agreement and Easement Vacation for Woods Edge.
Complete Application Date: July 19, 2016
Environmental Board Meeting: July 27, 2016
EDAC Meeting: N/A
Park Board Meeting: N/A
P & Z Board Meeting: August 10, 2016
City Council Work Session September 6, 2016
City Council Meeting: September 12, 2016
60-Day Review Date: September 17 , 2016
60-Day Extension: November 16, 2016
2
BACKGROUND
Woods Edge is part of the Lino Lakes Town Center PUD that was approved in 2004. The
Planning & Zoning Board reviewed the PUD Development Stage/Preliminary Plat review and a
text amendment for the “Lino Lakes Town Center Design & Development Guide” on June 8,
2016 and the City Council approved the project on July 11, 2016. The proposed development is a
112 unit attached townhome project on 11.2 acres in the Town Center (Outlots B and C of the
Village No. 3). The Final Plat and PUD Final Plan request is for approval of Phase I of this
project.
The project also includes a request for vacation of a drainage and utility easement, which will be
considered at a public hearing at the August 22nd and September 12th Council meetings.
Previous Council approvals include:
• Resolution No. 16-67 approving PUD development stage plan and preliminary plat
• Ordinance No. 06-16 ordinance text amendment to modify the residential development
standards for Lino Lakes Town Center for Woods Edge established by Ordinance No. 04-
04
• Resolution No. 16-74 Approving Summary Publication of Ordinance No. 06-16
The current Land Use Application is for consideration of the following:
• PUD Final Plan/Final Plat
The Planning Commission reviewed the request at their August 10th meeting and recommended
approval.
ANALYSIS
Revisions to PUD Development Stage Plan/ Preliminary Plat
Resolution No. 16-67 approved the PUD Development Stage Plan/Preliminary Plat with
conditions required prior to approval of the PUD Final Plan/Final Plat. The conditions have been
satisfied unless otherwise noted in this report.
Land Use and Density
The property is guided Mixed Use and zoned PUD as part of the Town Center master plan. The
density is 10 units per acre (112 units on 11.2 acres). This is consistent with the Town Center
standards, which require a minimum of 10 units per acre and a maximum of 24 units per acre.
The final plat is for phase 1, which includes 65 lots and 13 outlots. The plat includes 60 homes as
well as common lots maintained by the HOA and outlots for future development or permanent
3
open space. The remaining 52 homes will be a second phase of construction. The applicant will
submit a final plat for that 2nd phase for City approval.
PUD Final Plan/Final Plat
Conformity with the Comprehensive Plan and Zoning Code
The PUD Final Plan/ Final Plat has been reviewed for compliance with the comprehensive plan,
zoning and subdivision ordinance. The proposed development meets the performance standards
of the subdivision and zoning ordinance.
Blocks and Lots
The final plat creates 65 lots and 13 outlots. Outlots A and B are the internal private streets that
will be built to serve the project. Outlot C primarily stormwater ponds and wetland. The
remaining outlots are for future townhome development.
Easements
Standard drainage and utility easements are being dedicated on individual lots and over
stormwater management facilities.
The drainage and utility easements are being dedicated over Outlot C for protection of the
stormwater management ponds, wetlands and wetland buffers.
There is also a drainage and utility easement over Lot 8, Block 2 for the stormwater management
area.
Street and Utilities
The public streets that will provide access to the site were previously constructed and will
provide the primary access to the site. New private streets will be constructed to provide internal
access and they will be owned and maintained by the homeowners association (HOA). These
private drives are currently shown as 26-feet wide (back-to-back). This is consistent with City
standards.
Architecture
The applicant is proposing a mix of 4-8 unit buildings. The buildings all provide access via new
private streets and have front porches facing the existing public streets (Town Center Parkway,
Village Drive and Woods Edge Boulevard). All of the townhomes will be part of a homeowners
association (HOA) that will be responsible for maintenance of the common areas, including the
private streets. The HOA will provide snow removal and landscape maintenance for the
individual lots and the common areas.
The City Council did approve a text amendment allowing vinyl siding on the homes. However,
there was much discussion about the appearance of vinyl. In order to retain the higher quality
4
appearance of buildings in the Lino Lakes Town Center, the applicant has revised the plans to
provide LP or Hardi-board trim on the units rather than vinyl. Only the horizontal trim will be
vinyl to ensure seamless siding installation—all window and vertical trim on the buildings will
be LP or Hardi-board.
Park Dedication
Park dedication shall be cash in lieu of land at $2,500 per unit ($150,000 total for the 60 units in
Phase I). Outlot D will be conveyed to the City for public trail purposes.
Additionally, the City is working with Anoka County Parks to development a playground south
of Outlot C and Outlot D.
Development Agreement
A Development Agreement has been drafted by the City and shall be executed by the developer.
Easement Vacation
The applicant has submitted a land use application requesting the vacation of drainage and utility
easements of Outlot B and Outlot D, The Village No. 3.
The easement on Outlot B is over stormwater ponds and drainage areas. New drainage & utility
easements will be rededicated on the final plat of Woods Edge. The easement on Outlot D is over
an existing watermain. This watermain is being relocated under the private road (Outlot A,
Woods Edge) and the easement no longer is needed.
On August 22, 2016, the City Council held a public hearing and approved the 1st reading of
Ordinance No. 08-16.
RECOMMENDATION
The Planning & Zoning Board reviewed the PUD Final Plan/Final Plat on August 10, 2016. The
Board and staff recommend approval of the following items with conditions as listed in the
following documents:
1. Resolution No. 16-100 Approving PUD Final Plan/Final Plat
2. Resolution No. 16-101 Approving Development Agreement
3. Ordinance No. 08-16 Approving Easement Vacation
5
ATTACHMENTS
1. Resolution No. 16-100
2. PUD Final Plan
3. Final Plat
4. City Engineer Letter dated August 31, 2016
5. Resolution No. 16-101
6. Development Agreement and Planned Unit Development Agreement (To Follow)
7. Ordinance No. 08-16
1
CITY OF LINO LAKES
RESOLUTION NO. 16-100
APPROVING PUD FINAL PLAN/FINAL PLAT FOR WOODS EDGE
WHEREAS, the City has received an application for PUD Final Plan/Final Plat for Woods Edge
hereafter referred to as “Development”; and
WHEREAS, City staff has completed a review of the “Development” based on the following:
• Application and plans submitted to the City on July 18, 2016.
• Revised plans received by the City on August 19, 2016 and August 26, 2016.
• Revised building plans and elevations received by the City on August 24, 2016.
WHEREAS, a public meeting was held before the Planning & Zoning Board on August 10,
2016 and the Board recommended approval of the “Development”; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby makes the following:
FINDINGS OF FACT
Per Section 1007.024(1) Purpose and Intent, the PUD, by allowing deviation from the strict
provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc.,
by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to
encourage:
1. A development pattern in harmony with the objectives of the Comprehensive Plan.
The residential development is consistent with the goals and policies of the comprehensive plan
which anticipated development of this residential block as part of the mixed use Lino Lakes
Town Center. Woods Edge is consistent with land and density requirements and provides market
driven housing products that support life-cycle housing.
2. Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such developments.
The project site was planned as the residential neighborhood block with the mixed use Town
Center. The development will add urban townhomes in this planned development. This master
planned community offers housing options not available nowhere else in the community.
3. The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil erosion.
The site has limited natural desirable site characteristics. The site has been mass graded and has
no significant tree stands. The storm water management system that was previously constructed
will be upgraded and will incorporate additional improvements to meet current standards.
2
4. A creative use of land and related physical development which allows a phased and
orderly transition of varying land uses in close proximity to each other.
The master planned Town Center anticipated a mix of residential, commercial, office and public
uses. This project will allow development of the residential block.
5. An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
The residential development will use existing streets and trunk utilities, which will reduce the
development costs and required public investments.
6. Promotion of a desirable and creative environment that might be prevented through the
strict application of City zoning and subdivision regulations.
The purpose of the Town Center PUD was to create a mixed use development that could not
otherwise have been constructed under the standard zoning and subdivision regulations.
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Woods Edge shall be developed in accordance with the standards in the Lino
Lakes Town Center Design & Development Guide as amended by Ordinance No. 06-16.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes that the PUD
Final Plan/Final Plat is consistent with preliminary approvals granted by Resolution No. 16-67.
BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
approves the PUD Final Plan/Final Plat for Woods Edge subject to the following conditions:
1. All comments from the City Engineer letter dated August 31, 2016 shall be addressed.
2. A Development Contract shall be executed by the City and the developer and recorded by
the developer.
3. A Maintenance Agreement for Stormwater Management Facilities shall be executed by
developer for privately maintained facilities.
4. Approval from Rice Creek Watershed District shall be required prior to recording of the
final plat.
5. Wetland conservation easement documents and exhibits shall be executed by the
developer cover that portion of Outlot C as defined in the Wetland Buffer Plan, dated
August 23, 2016.
6. Homeowner Association documents shall be required to be approved by the City
Attorney and filed with PUD Final Plan/Final Plat.
7. Park dedication for the Woods Edge plat shall be cash in lieu of land for 60 units. The
remaining park dedication shall be due with the final plat for Phase II.
3
8. Landscape Plan comments;
a. Outlot C is proposed to be seeded with MnDOT 33-261 which is a native mix.
While appropriate for the area, the developer will need to enter into a 3 year
maintenance contract with a qualified firm, to ensure establishment of the native
area. The contract should describe the annual maintenance activities prescribed
for each year of the contract.
9. A lighting plan must be submitted to show proposed private drive and driveway lighting.
Adopted by the Council of the City of Lino Lakes this 12th day of September 2016.
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
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
x
x
x
x
x
x
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
1
Memorandum
To: Katie Larsen, City Planner
Kendra Lindahl, Landform
From: Diane Hankee PE, City Engineer
Date: August 31, 2016
Re: Woods Edge
Plan Review
WSB Project No. 2988-310
We have reviewed the construction plans submitted on August 22, 2016 for Woods Edge, Lino
Lakes, MN prepared by Westwood. The following are our review comments that should be
responded to in writing by the applicant.
GRADING, EROSION AND SEDIMENT CONTROL
1. No comments.
STORMWATER MANAGEMENT
1. No comments.
FLOODPLAIN
1. No comments.
WETLANDS
1. No comments.
ENVIRONMENTAL
1. No Comments
TRANSPORTATION
1. No Comments
Ms. Katie Larsen
August 31, 2016
Page 2
\\mspfsv02.lps.local\Studios\Active Projects\CLL16008 - Woods Edge Final PUD and Final Plat\From Others (Original
Data)\083016 Engineering Review Lino Lakes Woods Edge.docx
WATER SYSTEM
1. Add a note to the existing notes, to use 8’x8’x4” insulation at pipe crossings when there
is less than 24” vertical clearance between the watermain and sewer.
SANITARY SEWER SYSTEM
1. Collecting 98 units would still be satisfactory for the capacity of the lift station. Either
proposed configuration of the sanitary sewer system previously identified in that area is
acceptable. If the applicant changes the sanitary design they will need to re-submit plans
for review.
STORM SEWER SYSTEM
1. No Comments
DEVELOPMENT AGREEMENT
1. Required with final plat.
PERMITS
1. No Comments
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.
CITY OF LINO LAKES
RESOLUTION NO. 16-101
RESOLUTION APPROVING DEVELOPMENT AGREEMENT &
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR WOODS EDGE
WHEREAS, the City Council approved the final plat for Woods Edge with Resolution No. 16-
100 on September 12, 2016; and
WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution
of a development agreement between the Developer and the City of Lino Lakes.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Development Agreement & Planned Unit Development Agreement between
D.R. Horton, Inc. and the City of Lino Lakes for Woods Edge and authorizes the Mayor and City
Clerk to execute such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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
DEVELOPMENT AGREEMENT
and
PLANNED UNIT DEVELOPMENT AGREEMENT
Woods Edge
THIS AGREEMENT is made this _____ day of ____________, 2016, by and between the City
of Lino Lakes, a Minnesota municipal corporation, and D.R. Horton, Inc.-Minnesota, a Delaware
corporation (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
16-67 for a plat known as Woods Edge (“Subdivision”). Unless otherwise stated, all terms
and conditions of this Agreement relate to work within the Subdivision.
2. Final Plat Approval. The City’s approval of the final plat of Woods Edge, as legally
described on Exhibit A attached hereto, is contingent upon execution and delivery of this
agreement and all required petitions, bonds, security, and documents, and satisfaction
of all conditions of approval required by Resolution No. 16-100. The Final Plat is
attached hereto as Exhibit B.
3. Phased Development. The City may refuse to approve final plats of subsequent additions
of the plat if the Developer has breached this Agreement and the breach has not been
remedied. Development of subsequent phases may not proceed until Development
Agreements for such phases are approved by the City.
4. Developer Plans.
a. The Subdivision shall be developed in accordance with the following Developer
Plans, original copies of which are on file with the City Engineer. The Developer
Plans may be prepared and revised after entering into this Agreement, but must
be approved by the City before commencement of any work. If the plans vary
from the written terms of this Agreement, this Agreement shall control.
b. The Developer Plans as of the date of this Agreement are:
i. Woods Edge Grading, Drainage and Erosion Control plan set containing 6
sheets, dated August 12, 2016, prepared by Westwood Professional
Services, Inc. received August 23, 2016.
ii. Woods Edge Street and Utility Construction plan set containing 13 sheets,
dated August 12, 2016, prepared by Westwood Professional Services,
Inc., received August 23, 2016.
Woods Edge
Development Agreement
September 12, 2016
Page 2
iii. Woods Edge Final Site Plan containing 1 sheet, prepared by Westwood
Professional Services, Inc., received August 23, 2016.
iv. Woods Edge Final Landscape plan set, containing 3 sheets, dated August
19, 2016, prepared by Westwood Professional Services, Inc., received
August 25, 2016.
v. Woods Edge Wetland Buffer Plan, containing 2 sheets, prepared by
Westwood Professional Services, Inc., received August 23, 2016
vi. 4, 5, 6, 7 & 8-unit Townhome Base Plans, containing 25 sheets, dated
August 21, 2016, prepared by D.R. Horton Inc., received August 24, 2016.
5. Permits. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State, Regional and
Local jurisdictions prior to the commencement of site grading or construction .
6. Developer Improvements. The Developer shall secure a contractor to install these
improvements, hereinafter referred to as the “Developer Improvements ,” which
contractor shall be approved by the City which approval shall not be unreasonably held
or delayed. The cost of Developer Improvements is as shown on Exhibit C attached
hereto. All Developer Improvements shall require City inspection and approval and,
where appropriate, the approval of any other governmental agency having jurisdiction.
The Developer shall construct and install at the Developer's expense the following
improvements according to the following terms and conditions:
a. Site Grading
i. No grading shall commence until all requirements of the Rice Creek
Watershed District (RCWD) have been satisfied.
ii. All site grading shall be conducted in accordance with the grading plan as
approved by the City and in accordance with NPDES and RCWD
requirements. The Developer shall perform the work in accordance with
a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota
Pollution Control Agency (MPCA) requirements.
b. Grading and Erosion Control
i. The Developer shall grade the site to within 0.2 foot of the grades shown
on the approved grading plan. No deviations will be allowed unless a
revised plan is submitted and approved by the City and all other
regulatory agencies.
Woods Edge
Development Agreement
September 12, 2016
Page 3
ii. The street right-of-way, storm water storage ponds, and surface water
drainage ways shall be graded prior to commencement of utility
construction.
iii. The Developer shall be responsible for ascertaining that site geotechnical
and groundwater conditions are adequate and conforming with the
grading and site improvement as proposed.
iv. The Developer’s engineer shall certify in writing, with an as-built survey,
that all grading complies with the approved grading plan prior to issuance
of any building permits.
v. The Developer shall promptly clear dirt and debris within public right -of-
ways and drainage and utility easements resulting from construction by
the Developer, its purchasers, builders and contractors within five (5)
days after notification by the City. The Developer shall be responsible for
all necessary street and storm sewer maintenance, including street
sweeping, until all home construction is completed, unless otherwise
released by the City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on them, including
detour signs if necessary. If and when the streets become impassable,
such streets shall be barricaded and closed. The Developer shall maintain
a smooth, hard driving surface and adequate drainage on all temporary
streets.
c. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base course and wear course shall be furnished and installed.
d. Sidewalks, paths and street lighting as required by the City.
e. Storm sewers, when determined to be necessary by the City Engineer, including
all necessary laterals, catch basins, inlets and other appurtenances, shall be
furnished and installed.
f. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances, shall be furnished and installed.
g. Water mains, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances, shall be furnished and installed.
h. The Developer shall place iron monuments at all lot and block corners and at all
other angle points on boundary lines. Iron monuments shall remain in place or
be re-installed after all street and lawn grading has been completed in order to
preserve the lot markers for future property owners.
Woods Edge
Development Agreement
September 12, 2016
Page 4
i. Landscaping shall be furnished and installed in accordance with the approved
plans.
j. The Developer shall arrange for all gas, telephone, cable TV and electric utility
services to the Subdivision in accordance with City Code and State law. The
Developer is solely responsible for the cost of utility installation not paid by the
private utility companies.
7. Time of Performance. The Developer shall install all required improvements
enumerated in Paragraph 6 by November 30, 2017. The Developer may request a
reasonable extension of time from the City. If the extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
8. City Improvements. No improvements are proposed to be installed by the City for this
subdivision.
9. Record Drawings.
a. Upon project completion, Developer shall submit record drawings, in electronic
format, of all public and private infrastructure improvements, including roads,
sanitary sewer, watermain, storm sewer facilities, and grading, constructed by
Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system
and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall
include accurate locations, dimensions, elevations, grades, slopes and all other
pertinent information concerning the complete work.
b. A summary of the record plan attribute data for the storm sewer, watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as provided by the City Engineer.
c. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
10. Faithful Performance of Construction Contracts and Security.
a. The Developer will fully and faithfully comply with all terms and conditions of any
and all contracts entered into by the Developer for the installation and construction
of all Developer Improvements. Concurrent 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
one hundred fifty (150%) percent of the total estimated cost of Developer's
Improvements.
Woods Edge
Development Agreement
September 12, 2016
Page 5
b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be
for the exclusive use and benefit of the City of Lino Lakes and shall state that it is
issued to guarantee and assure performance by the Developer of all the terms and
conditions of this Development Agreement and construction of all required
improvements referenced therein in accordance with the ordinances and
specifications of the City. The letter shall be in a form, and from a bank, as
approved by the City. 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 agreement. The Irrevocable Letter of Credit shall be
automatically extended for additional periods of one year from present or future
expiration dates. The Irrevocable Letter of Credit may not be terminated without
the City’s written consent.
c. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement, subject to City approval.
d. Reduction of Security. The Developer may request 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.
11. Warranty. The Developer warrants all utility work required to be performed by it against
poor material and faulty workmanship for a period of two years after its completion and
acceptance by the City. All new streets shall be warranted by the developer for a period
of one year from the time the final inspection of the street is completed and accepted
by the City. All trees, grass and sod shall be warranted to be alive, of good quality and
disease free for 12 months after planting. Prior to final acceptance of the Developer
Improvements the City shall require a letter of credit, Performance Bond or Cash Escrow to
cover the warranty provisions of this Agreement. The amount shall be determined by the
City Engineer.
12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any
permanent or temporary easements that may be necessary for the construction and
installation of the Developer Improvements. All such easements required by the City
shall be on the recorded plat of the Subdivision or in writing, in recordable form,
containing such terms and conditions as the City shall determine.
13. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public
right-of-way and easements shall become City property without further notice or action
unless the improvements are to be deemed private infrastructure. Private
infrastructure shall include the following:
a. Private Drive, stormwater conveyance system and appurtenances in Outlot A
and Outlot B.
Woods Edge
Development Agreement
September 12, 2016
Page 6
b. Infiltration Area located in Lot 8, Block 2.
14. Recording and Release. The Developer agrees that the terms of this Development
Agreement shall be a covenant on any and all property included in the Subdivision. The
Developer agrees that the City shall have the right to record a copy of this Development
Agreement against the Subdivision described on Page 1 with the Anoka County Recorder
to give notice to future purchasers and owners.
15. Escrow for City’s Costs.
a. The Developer agrees to establish a non-interest bearing escrow account with
the City in an amount determined by the City Administrator or his designee for
the payment of all costs incurred by the City related to the development of the
Subdivision including, but not limited to, the following (See Exhibit C for
breakdown of costs):
i. Administration - 3% of Developer Improvement Costs
ii. City Engineering.
b. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow upon notice to the Developer, with suitable
documentation supporting the charges.
16. Developer Fees. At the time of execution of this Agreement the Developer shall pay
the following fees related to the development of the Subdivision (See Exhibit C for
breakdown of costs):
a. Park Dedication
The Park Dedication Fee for this site is calculated as follows:
60 units x $2,500 = $150,000.00
Developer shall receive a Park Dedication Credit of $500.00 for the dedication
of Outlot D, Woods Edge.
b. Aerial Photo Fees
c. Trunk Sewer Unit Charges
The City established trunk unit charges to uniformly distribute the costs of public
trunk sanitary sewer infrastructure. Each individual connection to the sanitary
sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per
Woods Edge
Development Agreement
September 12, 2016
Page 7
SAC unit). The calculation of the SAC units shall be based on the procedure
outlined in the Metropolitan Council Environmental Services Sewer Availability
Charge Procedure Manual. Trunk sewer unit charges addressed under this
paragraph are in addition to any SAC charges imposed by Metropolitan Council
Environmental Services. An estimate of the total charge and the trunk utility
credit for developer installed trunk oversizing is specified in Exhibit C.
d. Trunk Water Unit Charges
The City established trunk unit charges to uniformly distribute the costs of public
trunk water infrastructure. Each individual connection to the water system shall
be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The
calculation of the SAC units shall be based on the procedure outlined in the
Metropolitan Council Environmental Services Sewer Availability Charge
Procedure Manual. An estimate of the total charge and the trunk utility credit
for developer installed trunk oversizing is specified in Exhibit C.
e. Surface Water Management Area Charges
The City established a trunk area charge to uniformly distribute the costs of
public trunk surface water infrastructure and water quality improvements. The
Surface Water Management Charge shall be based on developable acreage, in
the amount specified in Exhibit C. The Developer shall also receive a credit
against the Surface Water Management Charge as specified in Exhibit C.
17. Assessment of Charges and Waiver of Rights. No assessments are proposed.
18. Building Permits. No building permits shall be issued until:
a. Site grading, City sewer, water, storm sewer, and bituminous base construction
of the streets, temporary street signs, gas, electric, and telephone are completed
and approved by the City, except as provided below.
i. Model Homes: Structures may be installed as model homes consistent
with City ordinance upon approval of the final plat. A record drawing of
the site grading for the model home lots shall be submitted prior to
issuance of building permits for the model homes.
ii. If building permits are issued prior to the completion and acceptance of
public improvements, the Developer assumes all liability and costs
resulting in delays in completion of public improvements and damage to
public improvements caused by the City, the Developer, its contractors,
subcontractors, material men, employees, agents or third parties. Any
such costs shall be reimbursed from Developer’s escrow.
Woods Edge
Development Agreement
September 12, 2016
Page 8
19. Special Provisions
a. Outlot B, Woods Edge covering the existing trail, shall be conveyed to the City of
Lino Lakes.
b. Developer shall provide a Declaration for Maintenance of Stormwater Facilities
covering privately maintained facilities located on Lot 2, Block 8, Woods Edge
and privately maintained stormwater conveyance system. Alternatively, the City
may be included as a named grantee in the Declaration of similar purpose
required by the Rice Creek Watershed District (RCWD).
c. The City will provide a maintenance agreement for Stormwater Management
Facilities, maintained by the City, for purposes of meeting Rice Creek Watershed
District requirements.
d. Developer shall grant to City a conservation easement over the area delineated
as “Proposed Wetland Buffer” in the Wetland Buffer Plan. Alternatively, the City
may be named as an additional grantee in the easement for similar purpose
required by the Rice Creek Watershed District (RCWD).
e. The developer may use the existing stormwater ponds for rate control and
aggregate infiltration capacity of 6,588 cubic feet from the CSMP for water
quality treatment.
20. Hours of Construction Activity.
All construction activity shall be limited to the hours 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
21. 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
than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a
combination single limit policy of Two Million and no/100 ($2,000,000.00) 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.
Woods Edge
Development Agreement
September 12, 2016
Page 9
22. Developer’s Default. In the event of default by the Developer as to any of the work to
be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City,
provided the Developer is first given notice of the work in default, not less than 48 hours
in advance. This Agreement is a license for the City to act, and it shall not be necessary
for the City to seek a court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, levy the cost in whole or
in part as a special assessment against the Subject Property. Developer waives its rights
to notice of hearing and hearing on such assessments and its right to appeal such
assessments pursuant to Minnesota Statutes, chapter 429.
23. 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 Subdivision and
shall be deemed covenants running with the land, unless otherwise released
pursuant to section 14 of this Agreement.
b. 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 Development Agreement.
c. 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 mailed by United
States mail to the addresses below by certified mail (return receipt requested).
Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above. The addresses of
the parties are as set forth until changed by notice given as above.
James R. Slaikeu, Vice President
D.R. Horton, Inc.-Minnesota
20860 Kenbridge Court, #100
Lakeville, MN 55044
Woods Edge
Development Agreement
September 12, 2016
Page 10
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
24. Land Use Controls - Planned Unit Development.
a. Woods Edge is a Planned Unit Development (PUD) as approved by the City
Council by Ordinance No. 04-04, as amended by Ordinance No. 06-16 and
Resolution No. 16-100.
b. Development shall be in accordance with the approved plans referenced in
Section 4.b. and the conditions of Resolution No. 16-100.
Woods Edge
Development Agreement
September 12, 2016
Page 11
DEVELOPER CITY OF LINO LAKES
By ______________________ By _________________________
James R. Slaikeu Mayor
Vice President
ATTEST
By _________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2016,
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 ____________, 2016
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
Woods Edge
Development Agreement
September 12, 2016
Page 12
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
On this _______ day of _______________, 2016, before me, a Notary Public within and
for said County, personally appeared James R. Slaikeu, Vice President of D.R. Horton, Inc.-
Minnesota, a Delaware corporation (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
Woods Edge
Development Agreement
September 12, 2016
Page 13
EXHIBIT A
Legal Description
Outlot B and Outlot D, The Village No. 3, Anoka County, Minnesota
Woods Edge
Development Agreement
September 12, 2016
Page 14
EXHIBIT B
Final Plat
9/ 8/ 2016
Securities, Escrows & Fees
PROJECT: Woods Edge NUMBER OF REU's:60
APPLICANT: D.R. Horton, Inc.NO. OF LOT FRONTAGES 60
AREA (acres of upland):10.6 ACRES
IMPROVEMENTS COST NOTES
DEVELOPER IMPROVEMENT COSTS
SITE GRADING $76,500
EROSION CONTROL $47,163
LANDSCAPING $270,000 $4,500 per lot
TRAIL & SIDEWALK $0 Included in Streets
STREETS $269,417 Includes Sidewalk
STORM SEWER CONST.$73,866
SANITARY SEWER CONST.$93,463
WATERMAIN CONST.$107,594
ENGINEERING & SURVEYING $23,450 2.5% of construction
Total $961,453
Letter of Credit Amount X 150%$1,442,180
ESCROW FOR CITY'S COSTS
PLANNING REVIEW $1,500
ADMINISTRATION $28,850 3% of construction
ENGINEER PLAN REVIEW $2,000
ENGINEER CONSTRUCTION SERVICES $26,500
PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,500
STREET LIGHT INSTALLATION $0 na (0 lights) $2,500/Light
STREET & STORMWATER MAINTENANCE $2,500 na
PROPERTY TAXES $0 na If final plat between July 1 and Dec. 31
BOULEVARD TREE PLANTING $0 na (x tree) $485/ tree
Total $66,850
DEVELOPER FEES
PARK DEDICATION $150,000 $2,500/res unit
PARK DEDICATION CREDIT ($500)Outlot (B)
Subtotal Park Dedication Fee $149,500
SEAL COATING FEE $0 n/a $0.33/SF of road
AERIAL PHOTO FEE $5,400 $90/Lot
STREET LIGHTING OPERATION $0 n/a (0 lights) $105/Light
Sub-Total Fees $154,900
TRUNK SEWER UNIT CHARGE $184,380 $3,073/REU
TRUNK SEWER UNIT CHARGE CREDIT $0
TRUNK WATER UNIT CHARGE $244,140 $4,069/REU
TRUNK WATER UNIT CHARGE CREDIT $0
Sub-Total Trunk Sewer & Water Unit Charges $428,520 May be Assessed (Letter of Credit 35%)
SURFACE WATER MANAGEMENT AREA CHARGE $90,039 $0.195/SF of Upland Area
SURFACE WATER MANG'T AREA CHARGE CREDIT ($39,709)Credit 3,4 & 5
Sub-Total Surface Water Management Area Charge $50,329
Total $633,750
SUMMARY OF SECURITIES, ESCROW & FEES
LETTER OF CREDIT DEVELOPER IMP'MENT COSTS $1,442,180
ESCROW FOR CITY'S COSTS $66,850
DEVELOPER FEES $633,750
EXHIBIT C
1
1st Reading: 08/22/2016 Publication:
2nd Reading: 09/12/2016 Effective:
CITY OF LINO LAKES
ORDINANCE NO. 08-16
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Outlot B and Outlot D, The Village No. 3)
“The City Council of Lino Lakes ordains".
Section 1 Findings
1.The City Council of Lino Lakes has determined to vacate in its entirety the
drainage and utility easement as shown in Exhibit A and described as:
Outlot B and Outlot D, The Village No. 3
2. A public hearing was held on August 22, 2016 before the City Council in the City
Hall Council Chambers after due published and posted notice had been given and
reasonable attempts were made to give personal notice to all affected property
owners, and all persons interested were given an opportunity to be heard; and
3.The same drainage and utility easements were dedicated on the plat The Village
No. 3 and shall remain dedicated to the public; and
4. It appears to be in the best interest of the City to vacate such drainage and utility
easement; and
5. Four-fifths of all members of the City Council concur in this ordinance.
Section 2 Easement Vacated
The drainage and utility easement described herein is hereby vacated.
Section 3
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2016.
2
The motion for the adoption of the foregoing ordinance 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
3
EXHIBIT A
Easement Vacation Sketch
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: September 12, 2016
TOPIC: Chavez Preserve
i. Consider Resolution No. 16-90 Approving Preliminary
Plat
ii. Consider Resolution No. 16-104 Approving Accessory
Structure Agreement
VOTE REQUIRED: 3/5
INTRODUCTION
Complete Application Date: July 11, 2016
60-Day Review Deadline: September 9, 2016
120-Day Review Deadline: November 11, 2016
Environmental Board Meeting: July 27, 2016
Park Board Meeting: NA
Planning & Zoning Board Meeting: August 10, 2016
City Council Work Session: September 6, 2016
City Council Meeting: September 12, 2016
The applicant, Marcel Eibensteiner of Royal Oaks Realty, Inc., submitted a land use application
for a preliminary plat called Chavez Preserve. The proposed development is a 6 lot single
family residential subdivision. It contains 1 existing parcel (177 White Pine Road) that is
approximately 2.18 gross acres.
BACKGROUND
The attached Planning & Zoning staff report dated August 10, 2016 details the project.
Comprehensive Plan
Chavez Preserve is consistent with the goals and policies of the comprehensive plan in regards
to resource management, land use, housing, transportation and utilities.
2
Density and Land Area Calculations
The following chart implements Met Council’s formula for calculating net density.
Gross Area (acres) 2.18
Wetlands & Water Bodies 0.00
Public Parks & Open Space 0.00
Arterial ROW 0.00
Other (Undevelopable) 0.00
Net Area (acres) 2.18
# of Units 6
Gross Density (units/acre) 2.75
Net Density (units/acre) 2.75
Chavez Preserve meets land use goals by developing a single family residential subdivision that
is consistent with low density residential development as guided by the Comprehensive Land
Use Plan. Low density residential development allows for 1.6 to 3.9 units per net acre. The net
density for the development is 2.75 units per net acre. This is consistent with density
requirements.
Zoning
Current Zoning R-1, Single Family Residential
Current Land Use Rural Residential
Future Land Use per CP Low Density Residential
(1.6 to 3.9 units per acre)
Utility Staging Area 1A=2008-2015
Zoning Requirements
Required per R-1 Proposed
Min. Lot Size (upland) 10,800 s.f. Ave. 15,854 s.f.
Min. Lot Width (feet) 80 Vary 80-106 feet
Min. Lot Depth (feet) 135 174
3
The development is compliant with zoning, subdivision and other city ordinances. Lot widths
and lot sizes exceed the minimum requirements.
Accessory Structure Agreement
The site has 1 existing single family home and 2 detached accessory structures. The single
family home will be removed.
The 2 detached accessory structures must also be removed because accessory structures are not
allowed without a principal structure and the allowed square footage of attached and detached
accessor y structures is 1,200 s.f. The existing accessory structures plus the new attached
garages exceed this limit. The applicant has requested the 2 detached accessory structures be
allowed to stay for a period of time. The City Attorney drafted the attached Accessory
Structure Agreement to ensure removal of the structures prior to conveyance, establish a sunset
date and require a cash security deposit by the developer.
RECOMMENDATION
The Planning & Zoning Board held a public hearing on August 10, 2016. Public comments
included concerns regarding tree removal, landscaping and building design standards. The
Board voted 5-0 in favor of the preliminary plat.
The Board and staff recommend approval of the preliminary plat and Accessory Structure
Agreement for Chavez Preserve with the conditions listed in the resolutions.
ATTACHMENTS
1. Planning & Zoning Board staff report dated August 10, 2016
2. Resolution No. 16-90 Approving Preliminary Plat
3. Preliminary Plat of Chavez Preserve
4. Resolution No. 16-104 Approving Accessory Structure Agreement
1
PLANNING & ZONING BOARD
AGENDA ITEM 5B
STAFF ORIGINATOR: Katie Larsen, City Planner
P & Z MEETING DATE: August 10, 2016
REQUEST: PUBLIC HEARING
Chavez Preserve
1. Preliminary Plat
CASE NUMBER: PP2016-005
APPLICANT: Royal Oaks Realty, Inc.
Attn: Marcel Eibensteiner
1000 County Road E West
Shoreview, MN 55126
REVIEW DEADLINE:
Complete Application Date: July 11, 2016
60-Day Review Deadline: September 9, 2016
120-Day Review Deadline: November 11, 2016
Environmental Board Meeting: July 27, 2016
Park Board Meeting: NA
Planning & Zoning Board Meeting: August 10, 2016
City Council Work Session: September 6, 2016
City Council Meeting: September 12, 2016
BACKGROUND
The applicant submitted a land use application for a preliminary plat called Chavez
Preserve. The proposed development is a 6 lot single family residential subdivision. It
contains 1 existing parcel (177 White Pine Road) that is approximately 2.18 gross acres.
This staff report is based on review of the following plan sets:
• Preliminary plat prepared by EG Rud & Sons, Inc. dated July 11, 2016
• Civil engineering plans prepared by Plowe Engineering, Inc. dated July 11, 2016
• Stormwater Drainage Report-Chavez Preserve prepared by Plowe Engineering,
Inc. dated July 11, 2016
2
ANALYSIS
Existing Site Conditions
The 2.18 acre site is located at 177 White Pine Road. The legal description is Lot 1 and
Lot 2, Block 1 Arthur E. Thom Acres that was platted in 1949. The site has 1 existing
single family home and 2 detached accessory structures. The house and accessory
structures will be removed. A small tree stand is located along White Pine Road. The site
is relatively flat with elevations ranging from 896-900 feet. The soils are fine sand and
loamy fine sand, not hydric and are classified as Hydrologic Group A that signifies the
soils are drained and have good infiltration.
Comprehensive Plan
Chavez Preserve is consistent with the goals and policies of the comprehensive plan in
regards to resource management, land use, housing, transportation and utilities.
Resource Management System Plan
The Resource Management System Plan provides the conservation design framework for
the Comprehensive Plan and sustainable decisions regarding growth and development. It
provides a unified system approach to natural resource management and natural resource
based amenities.
Goals of the Resource Management System Plan include:
• Natural Resources and Amenities
o Goal #1: Identify, protect and preserve the desirable natural areas and
ecological and aquatic resources of the community.
o Goal #2: Initiate and continue vigorous collaborations and programs to
address, restore, and preserve the water quality of the region’s lakes,
wetlands and other aquatic assets.
• Land Use Policies
o Goal #1: Ensure that well-planned, quality residential, commercial,
industrial and institutional development to accommodate the city’s
projected growth needs occurs in a manner that also conserves and
enhances the city’s natural resources and amenities.
The Resource Management System Plan identifies a small portion of greenway system
corridor abutting the north boundary of the site that is related to the wetlands surrounding
Baldwin Lake. On July 27, 2016, RCWD visited the Chavez Preserve site and found no
evidence of wetlands. No wetland delineation is required.
The greenway system will be protected by locating the stormwater management ponds
adjacent to it. The ponds will serve multi-functional purposes by providing stormwater
3
management and creating a wetland buffer. The storm ponds and buffer will also be
protected with drainage and utility easements.
No trails or parks are recommended in Resource Management Plan in this area.
Chavez Preserve meets the goals of Resource Management System Plan by identifying
and protecting the greenway corridor with a stormwater ponding buffer and drainage and
utility easement.
Land Use Plan
Goal 2: Ensure that zoning and subdivision ordinances and official maps are consistent
with the intent and specific direction provided within the Comprehensive Plan.
Policies:
1. Ensure developers meet the standards specified within the land-use plan and
official controls, including zoning and subdivision ordinances and official
maps.
2. Ensure compatibility of adjacent land uses.
Density and Land Area Calculations
The following chart implements Met Council’s formula for calculating net density.
Gross Area (acres) 2.18
Wetlands & Water Bodies 0.00
Public Parks & Open Space 0.00
Arterial ROW 0.00
Other (Undevelopable) 0.00
Net Area (acres) 2.18
# of Units 6
Gross Density (units/acre) 2.75
Net Density (units/acre) 2.75
Chavez Preserve meets the land use goals by developing a single family residential
subdivision that is consistent with low density residential development as guided by the
Comprehensive Land Use Plan. Low density residential development allows for 1.6 to
3.9 units per net acre. The net density for the development is 2.75 units per net acre.
This is consistent with density requirements.
4
Housing Plan
Goal 1: Ensure housing development is compatible with existing and adjacent land uses
and provides accessibility to key community features and natural resources.
Chavez Preserve meets the goals of the Housing Plan. Existing and adjacent land uses are
low density residential development and the proposed development is compatible with
these land uses.
Economic Development Plan
The goals of the Economic Development Plan are not negatively impacted by the
development of Chavez Preserve, a 6 lot single family residential subdivision.
Transportation Plan
Goal 1: Plan for and achieve required street improvements and connectivity throughout
the City of Lino Lakes.
Policies:
1. Develop a transportation plan that will identify and plan for needed public
transportation options and street construction, upgrading, and related funding
requirements.
2. Ensure by 2030 that main east/west and north/south transportation corridors
are of good quality and allow for potential, required expansion and upgrades,
i.e., widening, expanded capacity, turn lanes, and accommodating pedestrian
and bicycle facilities.
Goal 2: Ensure that streets and roads are as safe as possible.
Policies:
1. Identify potential traffic safety problem areas and adopt plans to lessen risks
as traffic volume increases along these problem stretches and intersections.
Chavez Preserve meets the goals of the Transportation Plan. White Pine Road is a
classified as a minor collector road. It is an east-west collector between CSAH 49
(Hodgson Road) and CSAH 32 (Ash Street). The section of White Pine Road along the
proposed plat of Chavez Reserve has 73 feet right-of-way and 32 feet back to back paved
roadway. No sidewalk exists in the surrounding neighborhoods and sidewalk will not be
required within this subdivision. The minor collector road has capacity and structural
design to accommodate residential traffic from 5 new homes (1 home currently exists on
site). A traffic study is not warranted.
5
Comment:
1. An additional 7 feet of right of way shall be dedicated on the plat to provide a full 40
feet of right of way from centerline. This will be consistent with the Rohavic Oaks
Second Addition development on the south side of White Pine Road that was platted in
1990.
Sanitary Sewer Plan
Goal 1, Land Use Policies and Practices: Ensure that well-planned, quality residential,
commercial, industrial and institutional development to accommodate the City's projected
growth needs occurs in a manner that also conserves and enhances the city's natural
resources and amenities.
Goal 5, Community Facilities: Maintain the City's residents and businesses with an
affordable and safe sanitary sewer system.
The site is located in Sanitary Sewer District 1 (Sub-district 1A) and is ultimately served
by MCES Lift Station L69. An existing 12” PVC sanitary sewer main located along
White Pine Road directly serves the development. The utility staging area is 1A (2008-
2015). The sanitary sewer system has capacity for 5 additional single family residential
homes (existing home is served by municipal sanitary service).
Chavez Preserve is consistent with the goals of conserving natural resources and
maintaining an affordable system by utilizing capacity of the existing municipal sanitary
sewer main. The subject site is also within the current utility staging area and no sanitary
sewer main extension is required.
Water Supply Plan
Goal 4, Community Facilities: Provide the City's residents and businesses with
affordable potable water that is safe and of high quality for daily consumption and fire
demand.
The site is served by an existing 6” DIP watermain located along White Pine Road. The
water supply system has capacity for 5 additional single family residential homes (the
existing home is served municipal water supply).
Chavez Preserve is consistent with the goals of the water supply plan by utilizing
capacity of the existing municipal water supply system.
Planning Districts
The site is located in Planning District 1 and is guided for low density residential
development. There are no specific planning recommendations for this site. The site is
located within the Baldwin resource management units (RMU).
6
Zoning
Current Zoning R-1, Single Family Residential
Current Land Use Rural Residential
Future Land Use per CP Low Density Residential
(1.6 to 3.9 units per acre)
Utility Staging Area 1A=2008-2015
Surrounding Zoning and Land Use
Direction Zoning Current Land Use Future Land Use
North R-1, Single Family
Residential Rural Residential Low Density
Residential
South R-1X, Single
Family Executive
Single Family
Residential
Low Density
Residential
East R-1, Single Family
Residential
Single Family
Residential
Low Density
Residential
West R-1, Single Family
Residential Rural Residential Low Density
Residential
Zoning Requirements
Required per R-1 Proposed
Min. Lot Size1 (upland) 10,800 s.f. Ave. 15,854 s.f.
Min. Lot Width (feet) 80 Vary 80-106 feet
Min. Lot Depth (feet) 135 174
Building Setback (feet)
-From Collector Roads 40 30
-Rear
--Principal 30 30
-Side
7
--Principal 10 10
--Accessory 5 5
Buffer Adjacent to
Collector 15 foot Not applicable in
front yards
Impervious Surface 40%
--Outside Shoreland
District 40% Reviewed at building
permit
--Within Shoreland District 30% Reviewed at building
permit
Staff Comments:
1. The building setback from the collector road shall be revised to 40 feet.
Building Requirements
At the time of building permit, each individual single family dwelling unit will be
reviewed for compliance regarding floor area, garage and design and construction
standards. The existing single family home structure will be removed by the developer.
Staff Comments:
1. The 2 detached accessory structures shall be removed.
a. The allowed square footage of attached and detached accessory structures
is 1,200 s.f. and the existing structures plus the new attached garages
exceed this limit.
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The preliminary plat is consistent with the comprehensive plan for low density residential
development and zoning code requirements for R-1, Single Family as discussed above.
Blocks and Lots
The preliminary plat has 1 block, 6 lots and zero outlots.
Streets and Alleys
No new streets are proposed with this subdivision. White Pine Road is a classified as a
minor collector road. It is an east-west collector between CSAH 49 (Hodgson Road) and
CSAH 32 (Ash Street). The section of White Pine Road along the proposed plat of
Chavez Reserve has 73 feet right-of-way and 32 feet back to back paved roadway.
8
Staff Comment:
1. An additional 7 feet of right of way shall be dedicated on the plat to provide a full 40
feet of right of way from centerline. This will be consistent with the Rohavic Oaks
Second Addition development on the south side of White Pine Road that was platted in
1990.
Easements
Standard drainage and utility easements at least 10 feet wide are provided along all lot
lines. Wider easements at least 10 feet above the high water level of the stormwater
drainage ponds are proposed in the side and rear yards.
Storm Water Management and Erosion and Sediment Control
Per the Stormwater Drainage Report, the existing site is mostly open flat area with an
existing residential house, two out-buildings, and access from White Pine Road. The site
has 3 drainage areas:
• Area 1: The northwest corner of the site flows directly northwest to Baldwin
Lake.
• Area 2: Most of the internal site flows to a low area and then flows north to
Baldwin Lake.
• Area 3: Frontage that flows directly to White Pine Road
Two wet basins (retention ponds) are proposed in the rear yards. One basin for rate
control is proposed in the front yard between Lot 5 and Lot 6. Infiltration ponds are not
suitable in this area due to high water table.
Staff comments:
1. Staff has concerns regarding the function and maintenance of the basin located in
the front yard between Lot 5 and Lot 6 and requests the applicant re-analyze the
plan.
Utilities
Sanitary Sewer
An existing 12” PVC sanitary sewer main located along White Pine Road directly serves
the development. Five (5) sanitary sewer services are stubbed to the property. A new
service shall be stubbed to Lot 5.
9
Watermain
An existing 6” DIP watermain located along White Pine Road directly serves the
development. Five (5) water services are stubbed to the property. A new service shall be
stubbed to Lot 5.
Public Land Dedication
The City will require cash in lieu of land dedication. Since one (1) house already exists,
fees will only be collected for 5 new lots.
Chavez Preserve
5 lots x $2,500 = $12,500
Tree Preservation
The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and
forest resource and to replace removed trees in areas where tree cover is most critical.
The preliminary plat provides a tree inventory and the grading plan notes the trees
proposed for removal.
According to the plans, there are 31 total trees on the site and 29 trees are being removed.
The 29 trees being removed are within basic use area (BUA) and no do not require
replacement.
The Environmental Coordinator reviewed and approved the tree plan.
Landscaping
Boulevard trees are required at the rate of one (1) tree per lot frontage for single family
and two family lots. Six (6) boulevard trees are proposed which is compliant with the
ordinance.
The open areas landscaping ordinance requires 11 trees and 35 shrubs. Thirty-three (33)
and 99 shrubs as proposed.
The Environmental Coordinator reviewed the Landscape Plan and made comments
regarding species and seed mix requirements.
Environmental Assessment Worksheet (EAW)
An Environmental Assessment Worksheet is not mandated. The proposed 6 single
family residential units are under the 250 unattached unit thresholds.
10
Wetlands
Wetland maps indicate the possibility of small wetland along the northwest boundary.
No grading or structures are proposed in the area. On July 27, 2016, RCWD visited the
site and found no evidence of wetlands. No wetland delineation is required. The
greenway system will be preserved by locating the stormwater management ponds
adjacent to it. The ponds will be multi-functional by providing stormwater management
and creating a wetland buffer. The storm ponds will be protected with drainage and
utility easements.
Floodplain
There is no floodplain on the site.
Shoreland Management Overlay
The site is located in a Shoreland Management Overlay district of Baldwin Lake.
Baldwin Lake is a Recreational Lake with an OWHL elevation of 883.1. A setback of 75
feet from the OHWL is required for all primary and accessory structures; however, this
setback does not impact any structures within the proposed development. Impervious
surface coverage of 30% applies to all lots within the overlay district.
Comments:
1. The shoreland management overlay district shall be shown on the preliminary
plat.
Growth Management Policy
Per the Comprehensive Plan (page 3-27), an annual average of 230 units per year over
each 5 year phasing period not to exceed 345 units in any 1 year is allowed. At the end
of the 5 year phasing period unallocated units will be averaged out over the next 5 years.
Chavez Preserve will be developed in one phase. Grading of the site is anticipated this
fall.
Final Plat
A land use application for final plat shall be required.
FINDINGS OF FACT
Per the Subdivision Ordinance Section 1001.013, Premature Subdivision:
(1) General. Any concept plan, preliminary plat or final plat deemed premature
pursuant to the following criteria shall be denied by the City Council.
11
(2) Conditions for establishing a premature subdivision. A subdivision may be deemed
premature should any of the following conditions not be met.
(a) Consistency with the Comprehensive Plan. Including any of the following:
1. Land use plan;
2. Transportation plan;
3. Utility (sewer and water) plans;
4. Local water management plan;
5. Capital improvement plan; and
6. Growth management policies, including MUSA allocation criteria.
Chavez Preserve is consistent with the goals and policies of the comprehensive plan in
regards to resource management, land use, housing, transportation and utilities as
detailed in this report. The development is also consistent with the local water
management plan, capital improvement plans and growth management policies.
(b) Consistency with infill policies. A proposed urban subdivision shall meet the
city's infill policies:
1. The urban subdivision must be located within the Metropolitan Urban Service
Area (MUSA) or the staged growth area as established by the city's Comprehensive
Plan;
2. The cost of utilities and street extensions must be covered by one or more of the
following:
a. An immediate assessment to the proposed subdivision;
b. One hundred percent of the street and utility costs are privately financed by
the developer;
c. The cost of regional and/or oversized trunk utility lines can be financed with
available city trunk funds; and
d. The cost and timing of the expenditure of city funds are consistent with the
city's capital improvement plan.
3. The cost, operation and maintenance of the utility system are consistent with the
normal costs as projected by the water and sewer rate study; and
4. The developer payments will offset additional costs of utility installation or
future operation and maintenance.
Chavez Preserve is consistent with infill policies. The development is within the
current Utility Staging Area 1A=2008-2015. No new street or public utilities are
proposed.
(c) Roads or highways to serve the subdivision. A proposed subdivision shall meet
the following requirements for level of service (LOS), as defined by the Highway
Capacity Manual:
1. If the existing level of service (LOS) outside of the proposed subdivision is A or
B, traffic generated by a proposed subdivision will not degrade the level of service
more than one grade;
12
2. If the existing LOS outside of the proposed subdivision is C, traffic generated
by a proposed subdivision will not degrade the level of service below C;
3. If the existing LOS outside of the proposed subdivision is D, traffic generated
by a proposed subdivision will not degrade the level of service below D;
4. The existing LOS must be D or better for all streets and intersections providing
access to the subdivision. If the existing level of service is E or F, the subdivision
developer must provide, as part of the proposed project, improvements needed to
ensure a level of service D or better;
5. Existing roads and intersections providing access to the subdivision must have
the structural capacity to accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural deficiencies;
6. The traffic generated from a proposed subdivision shall not require city street
improvements that are inconsistent with the Lino Lakes capital improvement plan.
However, the city may, at its discretion, consider developer-financed improvements
to correct any street deficiencies;
7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange
impacts must be evaluated in conjunction with Anoka County and the Minnesota
Department of Transportation, and a plan must be prepared to determine
improvements needed to resolve deficiencies. This plan must determine traffic
generated by the subdivision project, how this traffic contributes to the total traffic,
and the time frame of the improvements. The plan also must examine financing
options, including project contribution and cost sharing among other jurisdictions
and other properties that contribute to traffic at the interchange; and
8. The city does not relinquish any rights of local determination.
Chavez Preserve meets the requirements for level of service (LOS). The existing roads
and intersections providing access to the 6 lot single family residential subdivision have
structural capacity to accommodate the projected traffic. No street improvements are
proposed. The city does not relinquish any rights of local determination.
(d) Water supply. A proposed subdivision shall be deemed to have an adequate
water supply when:
1. The city water system has adequate wells, storage or pipe capacity to serve the
subdivision;
2. The water utility extension is consistent with the Lino Lakes water plan and
offers the opportunity for water main looping to serve the urban subdivision;
3. The extension of water mains will provide adequate water pressure for personal
use and fire protection; and
4. The rural subdivision can demonstrate that each of the proposed lots can be
provided with a potable water supply.
Chavez Preserve will have an adequate water supply. The site is served by an existing 6”
DIP watermain located along White Pine Road. The water supply system has capacity for
5 additional single family residential homes (the existing home is served municipal water
supply).
13
(e) Waste disposal systems. A proposed subdivision shall be served with adequate
waste disposal systems when:
1. The urban sewered subdivision is located inside the city's MUSA or is
consistent with the MUSA allocation criteria;
2. The city has sufficient MUSA and pipe capacity to serve the subdivision if
developed to its maximum density;
3. The subdivision will result in a sewer extension consistent with Lino Lakes
sewer plan and capital improvement plan;
4. A rural subdivision can demonstrate that each lot can be served by an adequate
sanitary sewer disposal system; and
5. A rural subdivision with a proposed communal sanitary sewer or water system
has an effective long range management and maintenance program with proper
financing.
Chavez Preserve will be served with an adequate waste disposal system. An existing 12”
PVC sanitary sewer main located along White Pine Road directly serves the
development. The utility staging area is 1A (2008-2015). The sanitary sewer system has
capacity for 5 additional single family residential homes (existing home is served by
municipal sanitary service).
RECOMMENDATION
Staff recommends approval of the preliminary plat for Chavez Preserve with the
following conditions:
1. Comments from WSB Plan Review letter dated August 3, 2016 shall be
addressed.
2. Comments from Environmental Coordinator memo dated August 4, 2016 shall be
addressed.
3. The two accessory structures shall be removed.
4. Sheet PP, Preliminary Plat, Resource Inventory and Certificate of Survey
a. An additional 7 feet of right of way shall be dedicated on the plat to
provide a full 40 feet of right of way from centerline.
b. The shoreland district boundary shall be shown.
c. Under Building Setbacks, the Front setback shall be revised to 40 feet.
d. The 2 existing garage structures shall be shown as “remove”.
i. This shall be shown on an applicable plan sheets.
5. Sheet C1, Grading, Drainage & ESC Plan
a. Staff has concerns regarding the function and maintenance of the basin
located in the front yard between Lot 5 and Lot 6 and the applicant shall
re-analyze the grading plan.
b. Building pads shall meet 40 foot front setback.
6. Sheet L1, Landscape Plan
a. The boulevard trees shall be located in the boulevard.
b. If the front yard basin remains,
14
i. It shall be shown on the plan sheet.
ii. Landscaping shall be shown.
iii. A maintenance plan for the basin shall be provided.
ATTACHMENTS
1. Site Location Map
2. Aerial Map-200’ Scale
3. Aerial Map-100’ Scale
4. Zoning Map
5. Future Land Use Map
6. WSB Plan Review Letter dated August 3, 2016
7. Environmental Coordinator Memo dated August 4, 2016
8. Plan Set prepared by EG Rud & Sons, Inc. and Plowe Engineering dated July 11,
2016
0 1,000 2,000500
Feet
BIRCH STBIRCH ST
HODGSON RDHODGSON RDL IN D A C IRLINDA C IR
LINDA LNLINDA LNGLEN CIRGLEN CIRCOYOTE CTCOYOTE CTO
JI
B
WA
Y
P
A
T
H
O
JI
B
WA
Y
P
A
T
H
SCHLAVIN CTSCHLAVIN CT HOLLOW LNHOLLOW LNLINDA CTLINDA CT
RAVENS CTRAVENS CT TOTEM TRLTOTEM TRLOAKWOOD DROAKWOOD DRCHERRY LNCHERRY LN HOKAH DRHOKAH DRCCOOYYOO TTEETTRRLLCHIPPEW A TRLCHIPPEW A TRLLAKOTA TRLLAKOTA TRLLAURENE AVELAURENE AVEAAPPPPLLEE LLNN
W H IT E P I N E R DWHITE P I N E R D
PPLLUUMM LLNN
OOAAKKWWOOOODDLLNNLINDA AVELINDA AVE
ARROWHEAD DRARROWHEAD DR
62ND ST62ND ST
L I N D E N L NLINDEN L N
WW
OO
OO
DD
RR
II
DD
GG
EE
LL
NN WARE RDWARE RDHH AA WW TT HH OORRNN RRDD
RICECR
EEKRICECREEKBALDWIN LAKEOHWL 883.1100-yr 886.1FIRM BFE 887FIS BFE 887
Site Location Map µ
Chavez Preserve
0 200 400100
FeetLAURENE AVELAURENE AVEOOAAKKWWOOOODDLLNNWHITE PINE RDWHITE PINE RD
SSCCHHLLAAVVIINN CCTT
LI NDA AVELINDA AVE
OAKWOOD DROAKWOOD DR
235235
6226622662416241
239239
62286228
182182
227227
61706170
250250
62276227
154154
222222 234234
156156 160160
155155
62006200
167167
161161 170170
61336133
173173
62316231
62216221
62516251
196196174174
260260
237237
200200165165
168168
212212
61306130
61876187
62016201
61686168
163163
171171
169169 177177 264264
270270
254254
Aerial Map-200' ScaleChavez Property µ
0 100 20050
FeetLAURENE AVELAURENE AVELI NDA AVELINDA AVE
WHITE PI NE RDWHITE PI NE RD
182182
62276227
222222 234234
170170
196196174174 200200
168168
212212
62016201177177
Aerial Map-100' ScaleChavez Property µ
0 300 600150
Feet
325325
330330
PSP
R-1
R-1
GB
R-1X
R-1X
R
R-1
R-1X R-1X R
R
R
RR
R-1
R
PUDR-1X
R-1
R-1
R-1
R-1
R
R
PSP
PUD
LI NDA AVELINDA AVE
LLIINNDDAACCTT
LAURENE AVELAURENE AVEWOODRIDGE LNWOODRIDGE LN
WW HHIITTEE PPIINNEE RRDD
SCHLAVIN CTSCHLAVIN CT
OOAAKKWWOOOODDLLNNOAKWOOD DROAKWOOD DRRAVENS CTRAVENS CT
LINDA LNLINDA LN
283283
312312
315315
235235
6226622662416241
239239
62286228
182182
227227 61706170
250250
61536153
62276227
125125 145145
154154
62306230
149149
222222 234234
309309
156156 160160
155155
61766176
61696169
62006200
167167
161161 61926192170170
61276127
61996199
61336133
238238 248248
61736173
61796179
324324306306
61526152
173173
312312
301301307307
61916191
62316231
62216221
62516251
196196174174
260260
237237
141141133133 61526152
62416241
307307
310310
311311
304304
62596259 62386238
200200
131131123123 139139
317317
61536153
165165 168168
316316
61856185
212212
61536153
61306130 61686168
61876187
313313319319
61806180
61796179
121121
152152
148148
143143
62016201
308308
62556255
151151
61686168
163163
228228
300300 318318
171171
169169 177177 264264
270270
62176217254254
BALDWIN LAKEOHWL 883.1100-yr 886.1FIRM BFE 887FIS BFE 887
Zoning Map µ
Legend
LinoLakesMN.DBO.ZoningDistrictZoning DescriptionRuralRural ExecutiveSingle Family ResidentialSingle Family ExecutiveTwo Family ResidentialMedium Density ResidentialHigh Density ResidentialManufactured Home ParkLimited BusinessGeneral BusinessNeighborhood BusinessGeneral IndustrialLight IndustrialRural/Business ReservePublic Semi-PublicPUD
0 300 600150
Feet
LI NDA AVELINDA AVE
LLIINNDDAA CC TT
LAURENE AVELAURENE AVEWOODRIDGE LNWOODRIDGE LN
WW HHIITTEE PPIINNEE RRDD
SCHLAVIN CTSCHLAVIN CT LLIINNDDAALLNNOOAAKKWWOOOODDLLNNOAKWOOD DROAKWOOD DRRAVENS CTRAVENS CT
BALDWIN LAKEOHWL 883.1100-yr 886.1FIRM BFE 887FIS BFE 887
Future Land Use Map µ
Legend
Future Land Use 2030 (Stantec)Future Land Use 2030 (Stantec)
Permanent Rural
Urban Reserve
Low Density Sewered Residential
Medium Density Residential
High Density Residential
Commercial
Mixed Use
Industrial
Civic/Institutional
Park and Open Space
Private Airfield
Right-of-Way
Open Water
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Equal Opportunity Employer
wsbeng.com K:\02988-280\Admin\Docs\Plan Review - Preliminary Plat
Memorandum
To: Katie Larsen, City Planner
From: Diane Hankee PE, City Engineer
Nick Guilliams PE, WSB & Associates
Date: August 3, 2016
Re: Chavez Preserve
Plan Review
WSB Project No. 2988-280
We have reviewed the Preliminary Plat documents submitted on July 11, 2016 for Chavez
Preserve, Lino Lakes, MN prepared by Westwood. The following are our review comments that
should be responded to in writing by the applicant.
The plans and specification shall reference the City’s 2016 General Specifications and Standard
Detail Plates for Street and Utility Construction, the 2013 CEAM, and the 2016 MnDOT
Standard Specifications.
GRADING, EROSION AND SEDIMENT CONTROL
1. Show location for temporary/permanent erosion control measures on the plan sheets as
well as estimated quantities. Seven day stabilization requirement (temp/perm).
2. Add perimeter control along north side of site where drains away.
3. Show location for construction entrance.
4. Show location for stockpiles and the appropriate BMP measures for stockpile
management.
5. Provide SWPPP contact/manager (contractor) as part of a SWPPP amendment.
6. Provide appropriate certification requirements for SWPPP developer.
7. The Existing Spot Elevation reads “datum???” on the legends of Sheets C1 and C3 –
please state the vertical or assumed datum.
8. Sheet C1 – all proposed basins require normal water level elevations be shown.
Ms. Katie Larsen
August 2, 2016
Page 2
K:\02988-280\Admin\Docs\Plan Review - Preliminary Plat
9. Sheet C1 – “Basin 1 Overflow” should read “Basin 1 EOF” to be consistent with the
plans and modeling results.
STORMWATER MANAGEMENT
1. The City will not approve stormwater management facilities located in the front yard;
please relocate to the rear yards. Additional rate control could be obtained by
constructing a third basin in the rear yards or by expanding the capacity of Basin 1 and/or
2.
2. Emergency overflows for Basins 1 and 2 discharge directly off site. The proposed
project must not adversely affect off-site water levels, resources or private property, nor
increase the potential for off-site flooding. The EOFs for Basins 1 and 2 must be
redirected toward the project site or the frontage road.
3. Verify building freeboard requirements are being met:
• Low floor must be a minimum of 2 feet above the 100-year high water elevation
and 4 feet above the highest known groundwater elevation.
• Low entry/opening must be a minimum of 1 foot higher than the EOF.
4. Lots 1 and 2 have inconsistent floor elevations compared to Sheet C1 – please verify.
5. A vegetated 10-ft bench with a 10H:1V slope should be incorporated into all ponds at the
transition area between the NWL and HWL.
6. Please indicate maintenance access points for all ponds on the plans.
7. Please provide the 100-year 10-day model runoff results.
8. Verify drainage area boundaries – White Pine Road has curb and gutter and should not be
entering onto the project site.
9. The MPCA recommends a dead-storage depth of at least 4-feet for NURP ponds; Basin 1
has a depth of 0.4-ft and Basin 2 has a depth of 2-ft, these ponds may not provide
adequate pollutant removals and should be verified with a water quality model or
designed to NURP standards.
10. Wet basins do not provide infiltration credit per RCWD rules and given the high
groundwater elevations present at the site, it is unlikely that infiltration rates of 0.45
inches per hour on the basin benches would ever be achieved. Please include a
discussion in the narrative how these rates will be achieved and maintained.
11. Subcatchment 4 experiences large rate increases to the southwest for all storm events.
Please discuss the comment made in the Stormwater Drainage Report “no adverse
impacts anticipated” for proposed Subcatchment 4.
Ms. Katie Larsen
August 2, 2016
Page 3
K:\02988-280\Admin\Docs\Plan Review - Preliminary Plat
FLOODPLAIN
1. No comments.
WETLANDS
Rice Creek Watershed District is the LGU to review and approve the wetland delineation. Thus
we have not reviewed for the Wetland Conservation Act (WCA).
1. Provided the LGU approves the wetland delineation, there are no proposed wetland
impacts. Therefore, no wetland mitigation approval is needed.
ENVIRONMENTAL
1. No comments.
TRANSPORTATION
1. The right of way along White Pine Road should be extended to 40 ft as this is classified
as a collector street.
WATER SYSTEM
1. Update ‘Water Main Notes’ note 2 to the following verbiage: Maintain 24-inch minimum
vertical clearance between sewer and water main crossings. Maintain 10-foot horizontal
clearance between water main and sewer.
2. Revise note for scenario where curb stops fall in driveways to read ‘Where curb stops fall
in driveway, provide Ford A1 type casting.
SANITARY SEWER SYSTEM
1. Add ‘Sanitary Sewer Notes’ note 2 that contractor shall provide X, Y and Z GPS
coordinates of wye and service end.
STORM SEWER SYSTEM
1. All storm sewer shall be reinforced concrete pipe.
2. Proposed storm sewer does not meet minimum grade requirements for flushing (3 fps).
3. Proposed storm sewer does not meet minimum cover requirements (2 ft).
4. Add ‘Storm Sewer Notes’ note 3 to include the following verbiage: All joints to be
wrapped with geotextile fabric (STR-11).
Ms. Katie Larsen
August 2, 2016
Page 4
K:\02988-280\Admin\Docs\Plan Review - Preliminary Plat
DEVELOPMENT AGREEMENT
1. Required with final plat.
PERMITS
1. NPDES Construction General Permit
2. Rice Creek Watershed Permit
a. Wetland delineation per the WCA
b. Wetland buffers, if applicable
c. Stormwater and erosion control
3. MDH for Water System
4. MPCA Sanitary Sewer Extension
5. DNR Water Appropriation if temporary dewatering is needed.
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.
Page 1
Memo
To: Katie Larsen
From: Marty Asleson
Date: August 4, 2016
Re: Environmental Board Recommendations for Chavez Development
The following recommendations were made by the Environmental Board on July 27, 2016 for
Chavez Preserve:
• Proof that water leaving the site on the north side will not create wetter conditions
for residents down-stream.
• The south side has a rain garden designed into it. This rain garden is for rate control
only. Environmental Board recommends they move this rain garden between the two
ponds on the north.
• Proposed ponds on the site will be designed into the water table. A clay liner should be
used to prevent surface water contamination to the ground water.
• Escrow enough money to plant one boulevard tree per frontage.
• The native seed area seed must be applied by a contractor approved by the city that is
knowledgeable in the cultural practices of native plants. A three year maintenance
plan must be submitted for the native seed area. The plan must be approved by the
City. A contractor that is knowledgeable in the cultural practices for native seeded
areas must be used and approved by the city.
• Trees planted in the native seed areas must be fire tolerant. Burr Oak, and Swamp
White Oak should be used.
Environmental
Page 2
• Before ground disturbance occurs, all Minnesota Pollution Control issues for
Construction Permit must be in place including a designated and certified inspector for
the project.
1
CITY OF LINO LAKES
RESOLUTION NO. 16-90
APPROVING PRELIMINARY PLAT FOR CHAVEZ PRESERVE
WHEREAS, the City received a land use application for preliminary plat for Chavez Preserve
hereafter referred to as “Development”; and
WHEREAS, City staff completed a review of the “Development” based on the following:
• Preliminary plat prepared by EG Rud & Sons, Inc. dated July 11, 2016
• Civil engineering plans prepared by Plowe Engineering, Inc. dated July 11, 2016
• Stormwater Drainage Report-Chavez Preserve prepared by Plowe Engineering, Inc.
dated July 11, 2016; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on August 10, 2016
and the Board recommended approval of the “Development”.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby makes the following:
FINDINGS OF FACT
Per Subdivision Ordinance Section 1001.013, Premature Subdivision:
(1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the
following criteria shall be denied by the City Council.
(2) Conditions for establishing a premature subdivision. A subdivision may be deemed
premature should any of the following conditions not be met.
(a) Consistency with the Comprehensive Plan. Including any of the following:
1. Land use plan;
2. Transportation plan;
3. Utility (sewer and water) plans;
4. Local water management plan;
5. Capital improvement plan; and
6. Growth management policies, including MUSA allocation criteria.
Chavez Preserve is consistent with the goals and policies of the comprehensive plan in regards
to resource management, land use, housing, transportation and utilities as detailed in the
Planning & Zoning Staff Report dated August 10, 2016. The development is also consistent with
the local water management plan, capital improvement plans and growth management policies.
(b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill
policies:
1. The urban subdivision must be located within the Metropolitan Urban Service Area
(MUSA) or the staged growth area as established by the city's Comprehensive Plan;
2
2. The cost of utilities and street extensions must be covered by one or more of the
following:
a. An immediate assessment to the proposed subdivision;
b. One hundred percent of the street and utility costs are privately financed by the
developer;
c. The cost of regional and/or oversized trunk utility lines can be financed with available
city trunk funds; and
d. The cost and timing of the expenditure of city funds are consistent with the city's
capital improvement plan.
3. The cost, operation and maintenance of the utility system are consistent with the normal
costs as projected by the water and sewer rate study; and
4. The developer payments will offset additional costs of utility installation or future
operation and maintenance.
Chavez Preserve is consistent with infill policies. The development is within the current
Utility Staging Area 1A=2008-2015. Street and utilities exist and no new street or public
utilities are proposed. There is no additional cost, operation or maintenance of the utility
system.
(c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the
following requirements for level of service (LOS), as defined by the Highway Capacity
Manual:
1. If the existing level of service (LOS) outside of the proposed subdivision is A or B,
traffic generated by a proposed subdivision will not degrade the level of service more than
one grade;
2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a
proposed subdivision will not degrade the level of service below C;
3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a
proposed subdivision will not degrade the level of service below D;
4. The existing LOS must be D or better for all streets and intersections providing access
to the subdivision. If the existing level of service is E or F, the subdivision developer must
provide, as part of the proposed project, improvements needed to ensure a level of service
D or better;
5. Existing roads and intersections providing access to the subdivision must have the
structural capacity to accommodate projected traffic from the proposed subdivision or the
developer will pay to correct any structural deficiencies;
6. The traffic generated from a proposed subdivision shall not require city street
improvements that are inconsistent with the Lino Lakes capital improvement plan.
However, the city may, at its discretion, consider developer-financed improvements to
correct any street deficiencies;
7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake
Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be
evaluated in conjunction with Anoka County and the Minnesota Department of
Transportation, and a plan must be prepared to determine improvements needed to resolve
deficiencies. This plan must determine traffic generated by the subdivision project, how
this traffic contributes to the total traffic, and the time frame of the improvements. The plan
also must examine financing options, including project contribution and cost sharing
among other jurisdictions and other properties that contribute to traffic at the interchange;
and
3
8. The city does not relinquish any rights of local determination.
Chavez Preserve meets the requirements for level of service (LOS). The existing roads and
intersections providing access to the 6 lot single family residential subdivision have structural
capacity to accommodate the projected traffic. No street improvements are proposed. The city
does not relinquish any rights of local determination.
(d) Water supply. A proposed subdivision shall be deemed to have an adequate water
supply when:
1. The city water system has adequate wells, storage or pipe capacity to serve the
subdivision;
2. The water utility extension is consistent with the Lino Lakes water plan and offers the
opportunity for water main looping to serve the urban subdivision;
3. The extension of water mains will provide adequate water pressure for personal use and
fire protection; and
4. The rural subdivision can demonstrate that each of the proposed lots can be provided
with a potable water supply.
Chavez Preserve will have an adequate water supply. The site is served by an existing 6” DIP
watermain located along White Pine Road. The water supply system has capacity for 5
additional single family residential homes (the existing home is served municipal water supply).
(e) Waste disposal systems. A proposed subdivision shall be served with adequate waste
disposal systems when:
1. The urban sewered subdivision is located inside the city's MUSA or is consistent with
the MUSA allocation criteria;
2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed
to its maximum density;
3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan
and capital improvement plan;
4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary
sewer disposal system; and
5. A rural subdivision with a proposed communal sanitary sewer or water system has an
effective long range management and maintenance program with proper financing.
Chavez Preserve will be served with an adequate waste disposal system. An existing 12” PVC
sanitary sewer main located along White Pine Road directly serves the development. The utility
staging area is 1A (2008-2015). The sanitary sewer system has capacity for 5 additional single
family residential homes (existing home is served by municipal sanitary service); and
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Chavez Preserve is not a premature subdivision; and
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Chavez Preserve shall be developed in accordance with the following:
PUBLIC LAND DEDICATION
The City will require cash in lieu of land dedication.
4
Chavez Preserve
5 lots x $2,500 = $12,500
BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
approves the preliminary plat for Chavez Preserve subject to the following conditions:
1. Comments from WSB Plan Review letter dated August 3, 2016 shall be addressed.
2. Comments from Environmental Coordinator memo dated August 4, 2016 shall be
addressed.
3. The single family home shall be removed.
4. Staff shall work with the City Attorney on drafting an agreement that will ensure removal
of the structures prior to conveyance, establish a sunset date and require a cash security
deposit by the developer.
5. Sheet PP, Preliminary Plat, Resource Inventory and Certificate of Survey
a. An additional 7 feet of right of way shall be dedicated on the plat to provide a full
40 feet of right of way from centerline.
b. The shoreland district boundary shall be shown.
c. Under Building Setbacks, the Front setback shall be revised to 40 feet.
d. The 2 existing garage structures shall be shown as “remove”.
i. This shall be shown on an applicable plan sheets.
6. Sheet C1, Grading, Drainage & ESC Plan
a. Staff has concerns regarding the function and maintenance of the basin located in
the front yard between Lot 5 and Lot 6 and the applicant shall re-analyze the
grading plan.
b. Building pads shall meet 40 foot front setback.
7. Sheet L1, Landscape Plan
a. The boulevard trees shall be located in the boulevard.
b. If the front yard basin remains,
i. It shall be shown on the plan sheet.
ii. Landscaping shall be shown.
iii. A maintenance plan for the basin shall be provided.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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 OF LINO LAKES
RESOLUTION NO. 16-104
RESOLUTION APPROVING ACCESSORY STRUCTURE AGREEMENT FOR
177 WHITE PINE ROAD/CHAVEZ PRESERVE
WHEREAS, Royal Oaks Realty, Inc., a Minnesota corporation (“Owner”), owns land in
Lino Lakes legally described as follows (“Property”):
That part of Lots 1 and 2, Block 1, ARTHUR E. THOM ACRES,
Anoka County, Minnesota, lying westerly of the East 100 feet thereof; and
WHEREAS, the Owner is in the process of subdividing the Property in a plat to be
known as Chavez Preserve.; and
WHEREAS, at the time Owner acquired the Property, it contained a house and two
garages;
WHEREAS, Owner intends to demolish or move the home, but desires to keep the
garages temporarily for storage; and
WHEREAS, retaining the garages in the absence of a home results in an unlawful non-
conformity because the City’s Zoning Ordinance prohibits accessory structures in the absence of
a principal structure; and
WHEREAS, the City and Owner desire to enter into an agreement that will allow for
temporary use of the garages, but set a deadline for their removal,
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
the Accessory Structure Agreement, attached hereto as Exhibit A, is hereby approved and the
Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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
ATTACHMENT A
Accessory Structure Agreement
ACCESSORY STRUCTURE
AGREEMENT
This Agreement is entered into by and between the City of Lino Lakes, a
Minnesota municipal corporation, and Royal Oaks Realty, Inc., a Minnesota corporation
(“Owner”), effective as of the latest signature date set forth below.
Recitals
1. Owner owns land in Lino Lakes legally described as follows (the “Property”):
That part of Lots 1 and 2, Block 1, ARTHUR E. THOM ACRES, Anoka
County, Minnesota, lying westerly of the East 100 feet thereof.
2. Owner is in the process of subdividing the Property in a plat to be known as
Chavez Preserve.
3. At the time Owner acquired the Property, it contained a house and two garages.
4. Owner intends to demolish or move the home, but desires to keep the garages
temporarily for storage.
5. Retaining the garages in the absence of a home results in an unlawful non-
conformity because the City’s Zoning Ordinance prohibits accessory structures in
the absence of a principal structure.
6. The City and Owner desire to enter into an agreement that will allow for
temporary use of the garages, but set a deadline for their removal.
Agreement
1. Within 14 days of the effective date of this Agreement or at the time of issuance of
a building permit for demolition (whichever date occurs first), Owner shall escrow
with the City $5,000 for each of the two garages, for a total of $10,000. No
interest shall accumulate on the escrowed funds.
2
2. The Chavez Preserve lots that contain all or part of a garage subject to this
Agreement, or the Property or any portion thereof if it is not platted, cannot be
conveyed to a third-party unless and until the garage is demolished and all
remnants of the demolition are removed from the Site.
3. In no event shall the garages subject to this Agreement remain on the Property
later than one year from the date of final plat approval for Chavez Preserve, or 18
months from the effective date of this Agreement, whichever is later.
4. Prior to demolition, owner shall obtain a demolition permit for the garages in
accordance with City Code.
5. In the event one or both of the garages are not demolished pursuant to the terms of
this Agreement, the City may retain the services of a contractor and have the
structures demolished. Owner hereby provides the City and its agents license to
enter upon the Property to effectuate the terms of this Agreement. The City may
withdraw funds from the escrow to pay for demolition of the structures. The City
shall provide Owner with documentation detailing any expenditure of funds from
the escrow.
6. Owner shall comply with the City Code restrictions on exterior storage on the
Property. Violations of the exterior storage ordinances may result in immediate
termination of this Agreement, requiring immediate removal of the garages.
7. The undersigned warrant they have authority to enter into this agreement and bind
their respective parties.
CITY OF LINO LAKES
By: __________________________ Date: _________________________
Jeff Reinert, Mayor
Attest: ________________________
Julianne Bartell, City Clerk
ROYAL OAKS REALTY, INC.
By: _______________________ Date: __________________________
Marcel Eibensteiner
Its: _______________________
1
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: September 12, 2016
TOPIC: Consider 2nd Reading of Ordinance No. 09-16, Amending City
Code Section 1007 by adding Section 1007.056 Opting-Out of
the Requirements of Minnesota Statutes, Section 462.3593
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to add Section 1007.056 Opting-Out of MN
Statute requirements for “temporary family health care dwellings”.
BACKGROUND
In May, Minnesota Statutes, Section 462.3593 was signed into law allowing a “mentally or
physically impaired person” to say in a “temporary dwelling” on a relative’s or caregiver’s
property with certain requirements as to allowed structures and caregiver status. The reason
behind the law was to create a process for landowners to place mobile residential dwellings on
their property to serve as temporary family health care dwellings. Under Subdivision 9 of
Minnesota Statutes, Section 462.3593, cities are specifically allowed to ‘opt out’ of its
requirements. Lino Lakes will be required to follow and implement the new law, unless it
passes an ordinance to “opt out”. The requirements of Minnesota Statutes, Section 462.3593
will go into effect on September 1, 2016. If the City chooses not to opt. out, Lino Lakes will
need to have a permit fee in place and be ready to accept/process applications for temporary
family health care dwellings by September 1, 2016.
With respect to this new legislation, the League of Minnesota Cities has opined that “the most
conservative approach would be to opt out of the statute.” The City could then if it desired
study the matter further and consider an ordinance that would be best suited to the city.
The City currently allows for accessory apartments under Section 1007.048.
RECOMMENDATION
The Planning & Zoning Board held a public hearing on August 10, 2016. There were no public
comments. The Board voted 5-0 in favor of adopting an ordinance opting out of the
requirements of Minnesota Statutes, Section 462.3593.
.
2
The City Council approved the 1st reading on August 22, 2016.
Staff recommends approval of the 2nd reading of Ordinance No. 09-16.
ATTACHMENTS
1. Ordinance No. 09-16
2. League of MN fact sheet
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 09-16
AN ORDINANCE AMENDING CITY CODE SECTION 1007 BY ADDING SECTION
1007.056 OPTING-OUT OF THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593
The City Council of Lino Lakes ordains:
Section 1. Purpose. On May 12, 2016, Governor Dayton signed into law the creation and
regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which
permit and regulate temporary family health care dwellings and subdivision 9 of Minn. Stat.
§462.3593 allows cities to “opt out” of those regulations.
Section 2. Amendment. Lino Lakes City Code Chapter 1007 is hereby amended as set forth
below by adding Section 1007.056 as follows:
Section 1007.056 Opt Out of Minn. Stat.462.3593. Pursuant to authority granted by
Minnesota Statutes, Section 462.3593, subdivision 9, the City of Lino Lakes opts-out of
the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary
Family Health Care Dwellings.
Section 3. Effective Date. This Ordinance shall be effective from and after its passage and
publication according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 12th day of September, 2016.
The motion for the adoption of the foregoing ordinance 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
Temporary Family Health Care Dwellings of 2016
Allowing Temporary Structures – What it means for Cities
Introduction:
On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to
place mobile residential dwellings on their property to serve as a temporary family health care
dwelling.1 Community desire to provide transitional housing for those with mental or physical
impairments and the increased need for short term care for aging family members served as the
catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short
term care alternative for a “mentally or physically impaired person”, by allowing them to stay in a
“temporary dwelling” on a relative’s or caregiver’s property.2
Where can I read the new law?
Until the state statutes are revised to include bills passed this session, cities can find this new bill at
2016 Laws, Chapter 111.
Does the law require cities to follow and implement the new temporary family
health care dwelling law?
Yes, unless a city opts out of the new law or currently allows temporary family health care
dwellings as a permitted use.
Considerations for cities regarding the opt-out?
These new temporary dwellings address an emerging community need to provide more convenient
temporary care. When analyzing whether or not to opt out, cities may want to consider that:
• The new law alters a city’s level of zoning authority for these types of structures.
• While the city’s zoning ordinances for accessories or recreational vehicles do not apply,
these structures still must comply with setback requirements.
• A city’s zoning and other ordinances, other than its accessory use or recreational vehicle
ordinances, still apply to these structures. Because conflicts may arise between the statute
and a city’s local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
1 2016 Laws, Chapter 111.
2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute
at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted
Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota’s
Temporary Health Care Dwelling law.
Temporary Family HealthCare Dwellings
June 27, 2016
Page 2
• Although not necessarily a legal issue for the city, it seems worth mentioning that the
permit process does not have the individual with the physical or mental impairment or that
individual’s power of attorney sign the permit application or a consent to release his or her
data.
• The application’s data requirements may result in the city possessing and maintaining
nonpublic data governed by the Minnesota Government Data Practices Act.
• The new law sets forth a permitting system for both cities and counties 3. Cities should
consider whether there is an interplay between these two statutes.
Do cities need to do anything to have the new law apply in their city?
No, the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out
or don’t already allow temporary family health care dwellings as a permitted use under their local
ordinances.
Do cities lose the option to opt out after the Sept. 1, 2016 effective date?
No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016.
However, if the city has not opted out by Sept. 1, 2016, then the city must not only have
determined a permit fee amount 4 before that date (if the city wants to have an amount different
than the law’s default amount), but also must be ready on that date to accept applications and
process the permits in accordance with the short timeline required by the law. Cities should consult
their city attorney to analyze how to handle applications submitted after Sept. 1, 2016, but still
pending at the time of a later opt out.
What if a city already allows a temporary family health care dwelling as a
permitted use?
If the city already has designated temporary family health care dwellings as a permitted use, then
the law does not apply and the city follows its own ordinance. The city should consult its city
attorney for any uncertainty about whether structures currently permitted under existing ordinances
qualify as temporary family health care dwellings.
What process should the city follow if it chooses to opt out of this statute?
Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide
clear guidance on how to treat this opt-out ordinance. However, since the new law adds section
462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption
or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357,
subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to
err on the side of caution and treat the opt-out ordinance as a zoning provision.5
3 See Minn. Stat. §394.307
4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial
permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance.
5 For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those
instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the
Temporary Family HealthCare Dwellings
June 27, 2016
Page 3
Does the League have a model ordinance for opting out of this program?
Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance
Can cities partially opt out of the temporary family health care dwelling law?
Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the
requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a
program different from the one specified in statute, the most conservative approach would be to
opt out of the statute, then adopt an ordinance structured in the manner best suited to the city.
Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out
from the statute should consult their city attorney.
Can a city adopt pieces of this program or change the requirements listed in the
statute?
Similar to the answer about partially opting out, the law does not specifically authorize a city to
alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if
they could add additional criteria, like regulating placement on driveways, specific lot size limits,
or anchoring requirements. As mentioned above, if a city wants a program different from the one
specified in the statute, the most conservative approach would involve opting out of the statute in
its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a
city should consult its city attorney when considering adopting an altered version of the state law.
What is required in an application for a temporary family health care dwelling
permit?
The mandatory application requests very specific information including, but not limited to:6
• Name, address, and telephone number of the property owner, the resident of the property
(if different than the owner), and the primary care giver;
• Name of the mentally or physically impaired person;
• Proof of care from a provider network, including respite care, primary care or remote
monitoring;
• Written certification signed by a Minnesota licensed physician, physician assistant or
advanced practice registered nurse that the individual with the mental or physical
impairment needs assistance performing two or more “instrumental activities of daily
life;”7
statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their
communities.
6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria.
7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as “activities to include meal planning and
preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing
household tasks integral to the personal care assistance services; communication by telephone and other media; and
traveling, including to medical appointments and to participate in the community.”
Temporary Family HealthCare Dwellings
June 27, 2016
Page 4
• An executed contract for septic sewer management or other proof of adequate septic sewer
management;
• An affidavit that the applicant provided notice to adjacent property owners and residents;
• A general site map showing the location of the temporary dwelling and the other structures
on the lot; and
• Compliance with setbacks and maximum floor area requirements of primary structure.
The law requires all of the following to sign the application: the primary caregiver, the owner of
the property (on which the temporary dwelling will be located) and the resident of the property (if
not the same as the property owner). However, neither the physically disabled or mentally
impaired individual nor his or her power of attorney signs the application.
Who can host a temporary family health care dwelling?
Placement of a temporary family health care dwelling can only be on the property where a
“caregiver” or “relative” resides. The statute defines caregiver as “an individual, 18 years of age or
older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative,
legal guardian, or health care agent of the mentally or physically impaired person for whom the
individual is caring.” The definition of “relative” includes “a spouse, parent, grandparent, child,
grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person.
Relative also includes half, step and in-law relationships.”
Is this program just for the elderly?
No. The legislature did not include an age requirement for the mentally or physically impaired
dweller. 8
Who can live in a temporary family health care dwelling and for how long?
The permit for a temporary health care dwelling must name the person eligible to reside in the unit.
The law requires the person residing in the dwelling to qualify as “mentally or physically
impaired,” defined as “a person who is a resident of this state and who requires assistance with two
or more instrumental activities of daily living as certified by a physician, a physician assistant, or
an advanced practice registered nurse, licenses to practice in this state.” The law specifically limits
the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month
renewal option. Further, there can be only one dwelling per lot and only one dweller who resides
within the temporary dwelling
8 The law expressly exempts a temporary family health care dwelling from being considered “housing with services
establishment”, which, in turn, results in the 55 or older age restriction set forth for “housing with services
establishment” not applying.
Temporary Family HealthCare Dwellings
June 27, 2016
Page 5
What structures qualify as temporary family health care dwellings under the new
law?
The specific structural requirements set forth in the law preclude using pop up campers on the
driveway or the “granny flat” with its own foundation as a temporary structure. Qualifying
temporary structures must:
• Primarily be pre-assembled;
• Cannot exceed 300 gross square feet;
• Cannot attach to a permanent foundation;
• Must be universally designed and meet state accessibility standards;
• Must provide access to water and electrical utilities (by connecting to principal dwelling or
by other comparable means 9);
• Must have compatible standard residential construction exterior materials;
• Must have minimum insulation of R-15;
• Must be portable (as defined by statute);
• Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361
(industrialized/modular buildings), “and contain an Industrialized Buildings Commission
seal and data plate or to American National Standards Institute Code 119.2”10; and
• Must contain a backflow check valve.11
Does the State Building Code apply to the construction of a temporary family
health care dwelling?
Mostly, no. These structures must meet accessibility standards (which are in the State Building
Code). The primary types of dwellings proposed fall within the classification of recreational
vehicles, to which the State Building Code does not apply. Two other options exist, however, for
these types of dwellings. If these structures represent a pre-fabricated home, the federal building
code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If
these structures are modular homes, on the other hand, they must be constructed consistent with
the State Building Code (as stated in Minnesota Rules, Chapter 1361).
What health, safety and welfare requirements does this new law include?
Aside from the construction requirements of the unit, the temporary family health care dwelling
must be located in an area on the property where “septic services and emergency vehicles can gain
access to the temporary family health care dwelling in a safe and timely manner.”
What local ordinances and zoning apply to a temporary health care dwelling?
The new law states that ordinances related to accessory uses and recreational vehicle storage and
parking do not apply to these temporary family health care dwellings.
9 The Legislature did not provide guidance on what represents “other comparable means”.
10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards
Institute website is located at https://www.ansi.org/.
11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria.
Temporary Family HealthCare Dwellings
June 27, 2016
Page 6
However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and
applicable state laws still apply. Because conflicts may arise between the statute and one or more
of the city’s other local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
What permit process should cities follow for these permits?
The law creates a new type of expedited permit process. The permit approval process found in
Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which
the local governmental unit can make a decision on the permit. Due to the time sensitive nature of
issuing a temporary dwelling permit, the city does not have to hold a public hearing on the
application and has only 15 days (rather than 60 days) to either issue or deny a permit. For those
councils that regularly meet only once a month, the law provides for a 30-day decision. The law
specifically prohibits cities from extending the time for making a decision on the permit
application. The new law allows the clock to restart if a city deems an application incomplete, but
the city must provide the applicant written notice within five business days of receipt of the
application identifying the missing information.
Can cities collect fees for these permits?
Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial
permit with a $50 renewal fee, unless a city provides otherwise by ordinance
Can cities inspect, enforce and ultimately revoke these permits?
Yes, but only if the permit holder violates the requirements of the law. The statute allows for the
city to require the permit holder to provide evidence of compliance and also authorizes the city to
inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The
permit holder then has sixty (60) days from the date of revocation to remove the temporary family
health care dwelling. The law does not address appeals of a revocation.
How should cities handle data it acquires from these permits?
The application data may result in the city possessing and maintaining nonpublic data governed by
the Minnesota Government Data Practices Act. To minimize collection of protected heath data or
other nonpublic data, the city could, for example, request that the required certification of need
simply state “that the person who will reside in the temporary family health care dwelling needs
assistance with two or more instrumental activities of daily living”, without including in that
certification data or information about the specific reasons for the assistance, the types of
assistance, the medical conditions or the treatment plans of the person with the mental illness or
physical disability. Because of the complexities surrounding nonpublic data, cities should consult
their city attorneys when drafting a permit application.
Should the city consult its city attorney?
Yes. As with any new law, to determine the potential impact on cities, the League recommends
consulting with your city attorney.
Temporary Family HealthCare Dwellings
June 27, 2016
Page 7
Where can cities get additional information or ask other questions.
For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC
General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach
Pamela at 651.281.1224 or Tom at 651.281.1266.
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: September 12, 2016
TOPIC: Consideration of Resolution No. 16-106, Calling Hearing
of Proposed Assessment, Otter Lake Road Extension
VOTE REQUIRED: 3/5 Vote
INTRODUCTION
Staff is requesting City Council consideration to approve the costs proposed to be assessed for
the Otter Lake Road Extension Project.
BACKGROUND
On August 22, 2016 the City Council approved Resolution No. 16-94 declaring the cost to be
assessed and ordering the preparation of the assessment role for the Otter Lake Road Extension
project. The total cost of the improvement is $714,561. The cost to be paid by the City is
$185,468 and is funded as follows:
$36,376 Trunk Area and Unit Fund
$149,092 State Aid Street Fund
The amount proposed to be assessed is $529,093. In January of 2013 the City entered into a
Petition and Waiver Agreement with CM Properties, developer of the McDonalds, covering
assessments to properties on the east side of the road.
Staff has allocated the costs of the project to abutting benefitted properties and the assessment
roll has been prepared.
The next step in the process is to call for the hearing on the proposed assessment. The proposed
hearing will be held at the October 10, 2016 City Council meeting. Notice of the meeting will be
published in the City’s official newspaper (Quad Press). Mailed notice will be provided to each
parcel owner not less than two weeks prior to the hearing.
The assessments are proposed to be payable over 10 years at an interest rate of 5 percent.
The process will be as follows:
1. Council calls for Hearing on Proposed Assessment. (September 12, 2016)
2. Council holds Hearing on Proposed Assessments and Adopts Assessment Roll (October
10, 2016)
2
3. Assessments certified to Anoka County for taxes payable 2017. (November 30, 2016).
RECOMMENDATION
Staff is recommending approval of Resolution No. 16-106.
ATTACHMENTS
1. Resolution No. 16-106
2. Proposed Assessment Roll
CITY OF LINO LAKES
RESOLUTION NO. 16-106
A RESOLUTION CALLING FOR THE PUBLIC HEARING ON THE
PROPOSED ASSESSMENT FOR THE OTTER LAKE ROAD EXTENSION
ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, the City Council directed the City Clerk to prepare a proposed assessment
roll for the Otter Lake Road Extension roadway, drainage, and utility improvements.
WHEREAS, the Clerk has notified the Council that such proposed assessment roll has
been completed and is on file for public inspection.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes:
1. The Notice of Assessment Hearing, attached hereto as Exhibit A is hereby
approved and ratified.
2. A hearing shall be held on the 10th day of October, 2016, at Lino Lakes City Hall
Council Chambers located at 600 Town Center Parkway, Lino Lakes, Minnesota
at 6:30 p.m. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
3. The action of the Clerk to cause the attached Notice of Assessment Hearing to be
published at least once in the official newspaper at least two weeks prior to the
hearing and to mail the Notice to the owners of each parcel described in the
assessment roll is hereby approved and ratified. The mailing will be not less than
two weeks prior to the hearing.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
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
EXHIBIT A
CITY OF LINO LAKES
NOTICE OF SPECIAL ASSESSMENT HEARING
OTTER LAKE ROAD EXTENSION
Notice is hereby given that the City Council will meet at 6:30 p.m. on October 10, 2016 at
Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 to
consider, and possibly adopt, the proposed assessment against abutting properties, for the
improvement of Otter Lake Road between Main Street and a point approximately 440 feet
northerly of Main Street by street construction, installation of sanitary sewer, water main,
storm sewer, traffic control signals and pedestrian/bicycle. The total amount of the
proposed assessment is $529,093.00.
Adoption by the Council of the proposed assessment may occur at the hearing. Such
assessment is proposed to be payable in equal annual installments extending over a period
of 10 years, the first of the installments to be payable on or before the first Monday in
January 2017, and will bear interest at the rate of 5 percent per annum from the date of the
adoption of the assessment resolution. To the first installment shall be added interest on the
entire assessment from the date of the assessment resolution until December 31, 2016. To
each subsequent installment when due shall be added interest for one year on all unpaid
installments.
The property owner may at any time prior to certification of the assessment to the county
auditor, pay the entire assessment on such property, with interest accrued to the date of
payment, to the City. No interest shall be charged if the entire assessment is paid within 30
days from the adoption of this assessment. The property owner may at any time thereafter,
pay to the City the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of the succeeding
year. If the property owner decides not to prepay the assessment before the date given
above the rate of interest that will apply is 5 percent per year. The right to partially prepay
the assessment according to City Code Section 303.11 is available.
The proposed assessment roll is on file for public inspection at the City Clerk’s office.
Written or oral objections will be considered at the meeting. No appeal to district court may
be taken as to the amount of an assessment unless a written objection signed by the affected
property owner is filed with the municipal clerk prior to the assessment hearing or
presented to the presiding officer at the hearing. The Council may upon such notice
consider any objection to the amount of a proposed individual assessment at an adjourned
meeting upon such further notice to the affected property owners as it deems advisable.
Under Minn. Stat. §§ 435.193 to 435.195 and City Code Section 303.10, the Council may,
in its discretion, defer the payment of this special assessment for any homestead property
owned by a person 65 years of age or older or retired by virtue of a permanent and total
disability for whom it would be a hardship to make the payments. When deferment of the
special assessment has been granted and is terminated for any reason provided in that law
and City Code all amounts accumulated plus applicable interest become due. Any assessed
property owner meeting the requirements of this law and City Code may, within 30 days of
the confirmation of the assessment, apply to the City Clerk for the prescribed form for such
deferral of payment of this special assessment on his/her property.
An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by
serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the
adoption of the assessment and filing such notice with the district court within ten days
after service upon the Mayor or Clerk.
___________________________________
City Clerk
CITY OF LINO LAKES, MINNESOTAOtter Lake Road ExtensionAssessment Role
Owner Name Anoka County PIN Legal Description Amount
BLINO LLC 24-31-22-12-0001
THE NW1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RDS, SUBJ TO EASE OF REC 190,000.00$ Amy Hughes Ruggles Trustee Mary Elizabeth Hughes Trustee 24-31-22-11-0007 LOT 1 BLOCK 1 MAIN STREET SHOPPES 37,946.18$ CM Properties 14, LLC 24-31-22-11-0008 OUTLOT A MAIN STREET SHOPPES 301,146.82$
Total 529,093.00$
CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: September 12, 2016
TOPIC: Consider 2nd Reading of Ordinance 10-16, Approving Sale of
Land to Dupont Holdings, LLP.
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council approval of the sale of land to Dupont Holdings, LLC for the
Fox Road extension.
BACKGROUND
On April 11, 2016 the City Council adopted Resolution No. 16-13 approving the development
agreement for Saddle Club 2nd Addition which required the future extension of Fox Road
through property currently owned by Comcast. The agreement was contingent on the
Developer and City entering into a purchase agreement for land necessary to construct the
connection. In May of 2016 the City entered into a Land Acquisition Escrow Agreement
providing for the City’s acquisition of the Comcast parcel and sell of said land to developer.
The City Council approved the acquisition of the Comcast property at the August 22, 2016
meeting in the amount of $100,000. In accordance with the escrow agreement the funds equal
to the purchase price have been placed into escrow with the City. The first reading of
Ordinance No. 10-16 was also held on the same date.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 10-16.
ATTACHMENTS
1. Ordinance No. 10-16
2. Purchase Agreement with Dupont Holdings, LLP
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 10-16
ORDINANCE APPROVING SALE OF LAND TO DUPONT HOLDINGS, LLC
The City Council of Lino Lakes ordains:
Section 1. Property. The City is the fee owner of the real property legally described as:
The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the
Southwest Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota
Section 2. Findings.
1. City (Seller) and Dupont Holdings, LLC (Buyer) entered into a
Development Agreement and Planned Unit Development Agreement dated
May 6, 2016, for the Saddle Club Second Addition; and
2. a condition of the Development Agreement is that Buyer acquire fee simple
title to the referenced Property from the Seller in order to install road and
utility improvements.
3. City and Seller entered into a Land Acquisition Escrow Agreement dated May 11,
2016, whereby buyer deposited with the Seller certified funds (the “Escrowed
Funds”) for purchase of the Property.
Section 3. Easements
Easements in gross across the entire Property for right-of-way, utilities (water and
sanitary sewer) and drainage and utilities (storm water) shall be provided on the property.
As part of any subsequent platting process for the Property, such easements shall be
dedicated to the City in the locations where the right-of-way and the water, sanitary
sewer storm sewer systems are constructed, in the size and shape as is customary for Lino
Lakes, and the easements in gross shall be vacated by the City.
Section 4. Authorization
The city council of the City approves the sale of the property to Dupont Holdings,
LLC. The mayor and city clerk are hereby authorized and directed to execute a purchase
agreement and other documents as may be necessary in order to sell the Property.
Proceeds from the sale of the Property shall be used in accordance with the requirements
of the city charter.
Section 4. Effective Date.
This ordinance shall be in full force and effect from and after 30 days following
its passage and publication, in accordance with section 3.09 of the city charter.
Adopted by the Lino Lakes City Council this 12th day of September, 2016.
The motion for the adoption of the foregoing ordinance 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
PURCHASE AGREEMENT
This Agreement is entered into by and between the City of Lino Lakes, a Minnesota
municipal corporation (“Seller”), and Dupont Holdings, LLC, a Minnesota limited liability
company (“Buyer”).
In consideration of the Purchase Price, the mutual covenants set forth below, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller and Buyer agree as follows:
1. EFFECTIVE DATE. The effective date of this Agreement is ________________ (the
“Effective Date”).
2. SALE OF PROPERTY. Seller agrees to sell to Buyer, and Buyer agrees to buy from
Seller, the Property, legally described as follows:
The South 550.00 feet of the East 330.00 feet of the Southwest Quarter of the Southwest
Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota
and further identified by Anoka County by the following property identification number:
[PID not yet assigned]
3. PURCHASE PRICE. The purchase price for the Property is $100,000.00 (the “Purchase
Price”).
4. EARNEST MONEY. Upon execution of this Purchase Agreement, Buyer must deposit the
full Purchase Price of $100,000.00 with the Seller to be held in escrow until closing. The
deposit shall be by wire transfer or delivery of a certified check.
a. If Buyer does not deposit the full Purchase Price as required above, then Seller
may terminate this Agreement by written notice to Buyer; provided, however, if
Buyer deposits the Purchase Price with Escrow Agent before Seller exercises
Seller’s right to terminate, Seller’s right to terminate is extinguished.
b. At Closing, the funds deposited in escrow with Seller shall be released from
escrow and disbursed to Seller.
5. SURVEY. Seller shall provide the April 1, 2016, minor subdivision survey obtained
from E.G. Rud & Sons, Inc. to Buyer upon execution of this Purchase Agreement.
6. TITLE COMMITMENT.
a. Seller makes no representations or warranties with respect to the status of title to
the Property. Buyer obtained a title commitment from Landtitle dated March 31,
2016 (LT File No. 535453), and has no objections to title.
2
7. RIGHT OF ENTRY. After Seller obtains title to the Property and Buyer has deposited
the Purchase Price with Seller, Buyer (and its employees, agents, and contractors) may
enter the Property for the purpose of conducting soil tests, environmental tests and
additional survey work, subject to the following conditions:
a. Upon the earlier of the date one week after Buyer’s completion of its activities on
the Property or the date one week after the termination of this Agreement, if either
Seller or Buyer terminate this Agreement in accordance with the provisions
hereof prior to Closing, Buyer must repair and or restore any damage Buyer or its
employees, agents or contractors cause to the Property and remove any personal
property, refuse or debris Buyer or its employees, agents or contractors brought
onto or authorized third parties to bring onto the Property.
b. Buyer must defend and indemnify Seller from and against and hold Seller
harmless Seller from all “Claims,” as defined in Section 10, arising out of,
resulting from or relating to any loss of or damage to any property or business or
out of any injury to or death of any person, if the loss, damage, injury, or death
arises or is alleged to arise either directly or indirectly and either wholly or in part
from: (a) any action or omission of Buyer or its employees, agents, or contractors,
while on the Property pursuant to this Section; or (b) actions or omissions of
Buyer or Buyer’s employees, agents, or contractors that cause or result in the
release of any Hazardous Substance onto the Property or onto other property.
c. Buyer must comply with and shall cause it employees, agents, and contractors to
comply with all applicable laws, while on the Property.
d. Buyer may not commence any environmental testing on the Property until Buyer
submits a work plan for such testing to Seller and Seller approves the work plan,
in writing. Seller may not unreasonably withhold, condition or delay Seller’s
approval of a work plan.
e. Buyer must, promptly and without demand from Seller, provide Seller with true
and complete copies of all draft and final reports relating to Buyer’s geotechnical
and environmental investigations and testing of the Property including, without
limitation, any reports relating to any Phase I Environmental Site Assessment of
the Property.
f. The cost of any test or additional survey work will be borne solely by Buyer.
8. PROPERTY SOLD AS IS. Subject to Buyer’s right to terminate this Agreement
pursuant to Section 9, Buyer agrees to accept the Property in its current condition,
including, without limitation, its current environmental and geological condition, and in
an “AS-IS” and with “ALL FAULTS” condition. Buyer’s payment of the Purchase Price
at Closing constitutes Buyer’s acknowledgment and agreement that:
3
a. Seller has not made any written or oral representations or warranties of any kind
with respect to the Property (including without limitation express or implied
warranties of title, merchantability, or fitness for a particular purpose);
b. Buyer has not relied on any written or oral representation or warranty made by
Seller, its agents or employees with respect to the condition or value of the
Property;
c. Buyer has had an adequate opportunity to inspect the condition of the Property,
including without limitation any environmental testing, and to inspect documents
applicable thereto, and Buyer is relying solely on such inspection and testing; and
d. The condition of the Property is fit for Buyer’s intended use.
e. Buyer accepts all risk of Claims (including without limitation all Claims under
any Environmental Law and all Claims arising at common law, in equity or under
a federal, state or local statute, rule or regulation) whether past, present or future,
existing or contingent, known or unknown, arising out of, resulting from or
relating to the condition of the Property, known or unknown, contemplated or
uncontemplated, suspected or unsuspected, including without limitation the
presence of any Hazardous Substance on the Property, whether such Hazardous
Substance is located on or under the Property, or has migrated from or to the
Property.
9. INSPECTION.
a. Buyer has inspected the Property and determined that the condition of the Property is
suitable to Buyer’s intended use.
10. DEFINITIONS. As used in this Agreement:
“Claim” or “Claims” means any and all liabilities, suits, claims, counterclaims, causes of
action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages,
consequential damages, losses, costs, and expenses of every kind (including without
limitation any attorney’s fees, consultant’s fees, costs, remedial action costs, cleanup
costs and expenses which may be related to any claims).
“Environmental Law” means the Comprehensive Environmental Response,
Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution
Control Act (the Clean Water Act), 33 U.S.C. § 1251 et seq. the Clean Air Act, 42
U.S.C. § 7401 et seq., and the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all
as amended from time to time, and any other federal, state, local or other governmental
statute, regulation, rule, law or ordinance dealing with the protection of human health,
safety, natural resources or the environment now existing or hereafter enacted.
4
“Hazardous Substance” or “Hazardous Substances” means any pollutant, contaminant,
hazardous substance or waste, solid waste, petroleum product, distillate, or fraction,
radioactive material, chemical known to cause cancer or reproductive toxicity,
polychlorinated biphenyl or any other chemical, substance or material listed or identified
in or regulated by any Environmental Law.
11. RELEASE. Buyer, for itself, its directors, officers, stockholders, divisions, agents,
affiliates, subsidiaries, predecessors, successors, and assigns and anyone acting on its
behalf or their behalf hereby fully releases and forever discharges Seller from any and all
Claims (including without limitation all Claims arising under any Environmental Law
and all Claims arising at common law, in equity or under a federal, state or local statute,
rule or regulation), past, present and future, known and unknown, existing and
contingent, arising out of, resulting from, or relating to the condition of the Property, and
Buyer hereby waives any and all causes of action (including without limitation any right
of contribution) Buyer had, has or may have against Seller and anyone acting on its
behalf with respect to the condition of the Property, whether arising at common law, in
equity or under a federal, state or local statute, rule or regulation. The foregoing shall
apply to any condition of the Property, known or unknown, contemplated or
uncontemplated, suspected or unsuspected, including without limitation the presence of
any Hazardous Substance on the Property, whether such Hazardous Substance is located
on or under the Property, or has migrated from or to the Property.
12. INDEMNITY. Buyer agrees to indemnify, hold harmless and defend Seller or anyone
acting on its behalf for, from and against any and all Claims (including without limitation
all Claims arising under any Environmental Law and all Claims arising at common law,
in equity or under a federal, state or local statute, rule or regulation) past, present and
future, existing and contingent, known and unknown arising out of, resulting from, or
relating to the condition of the Property. The foregoing shall apply to any condition of
the Property, known or unknown, contemplated or uncontemplated, suspected or
unsuspected, including without limitation the presence of any Hazardous Substance on
the Property, whether such Hazardous Substance is located on or under the Property, or
has migrated from or to the Property, regardless of whether the foregoing condition of the
Property was caused in whole or in part by the Seller’s actions or inactions.
13. NOTICES. Notices permitted or required by this Agreement must be in writing and
shall be deemed given when delivered in legible form to the party to whom addressed.
Notices may be sent by certified mail, fax or e-mail. Notices are effective two business
days after they are mailed via certified mail, return receipt requested or, if delivered in
any other manner, when the party to whom the notice is directed actually receives the
notice. If delivered at the Closing, a notice shall be deemed given when hand-delivered
to the party's representative at the Closing. The business addresses of the parties are as
follows:
Seller: Director of Community Development
City of Lino Lakes
600 Town Center Parkway
5
Lino Lakes, MN 55014
Buyer: Marcel Eibensteiner
Dupont Holdings, LLC
1000 County Road West, Suite 150
Shoreview, MN 55126
Notices not given in the manner or within the time limits set forth in this Agreement are
of no effect and may be disregarded by the party to whom they are directed.
14. CLOSING. This transaction shall close on ___________, 2016, or on such earlier date
as Seller and Buyer may establish by mutual, written agreement. The Closing shall take
place at a location the parties mutually agree upon prior to such date.
a. Seller’s Obligations at Closing. At Closing, Seller must deliver to Escrow
Agent, for delivery to Buyer:
i. A warranty deed, duly executed and acknowledged on behalf of the City
conveying title to the Property, subject to (A) the lien of real estate taxes,
if any, not yet due and payable and any installments of special assessments
certified for payment therewith; (B) Building, Subdivision and Zoning
Ordinances; (C) Matters that would be disclosed by an accurate survey of
the Property; and (D) any defects or encumbrances on title to which Buyer
has not objected;
ii. A certified copy of a duly adopted City Ordinance and Resolution
authorizing Seller’s sale of the Property to Buyer; and
iii. Seller’s affidavits, well disclosure certificate (if required), settlement
statement approved by Seller and Buyer, and any other documents
required for the closing.
b. Buyer’s Obligations at Closing. At Closing, Buyer must:
i. Wire Transfer (or deliver a certified check in) an amount Buyer must pay
or will receive pursuant to Section 14(c), for disbursement to Seller and
others pursuant to this Agreement and the Settlement Statement; and
ii. File or cause Escrow Agent to file an Electronic Certificate of Real Estate
Value.
c. Closing Costs.
i. At Closing, the following Seller closing costs and expenses must be paid
from the Purchaser Price or, if the Purchase Price is not sufficient, paid by
Seller:
6
1. Seller’s portion of the prorated property taxes.
2. Seller’s own attorney’s fees.
3. One-half the cost of any closing fees.
4. State deed tax.
5. The cost of providing Title Commitment as prescribed in Section
6.
6. The cost of providing the April 1, 2016, survey.
ii. At Closing Buyer must pay the Purchase Price to Seller and the following
costs and expenses:
1. Buyer’s portion of prorated property taxes.
2. Buyer’s own attorney’s fees.
3. Documentary and recording fees for the deed(s).
4. One-half the cost of any closing fees.
5. The cost of the owner’s title insurance policy if Buyer elects to
purchase an Owner’s title insurance policy.
d. Possession. Seller must deliver possession of the Property to Buyer at Closing.
15. REAL ESTATE BROKERS. Seller and Buyer represent and warrant to each other that
they have dealt with no brokers, real estate agents, finders or the like in connection with
this transaction. Seller and Buyer agree to indemnify each other and to hold each other
harmless against all claims, damages, costs or expenses of or for any broker’s fees or
commissions resulting for their actions or agreements regarding the execution or
performance of this Agreement, other than the fees payable to Seller’s Broker, and will
pay all costs of defending any action or lawsuit brought to recover any such fees or
commissions incurred by the other party, including reasonable attorney’s fees.
16. ASSIGNMENT. This Agreement may not be assigned without the written consent of
the non-assigning Party.
17. THIRD PARTY BENEFICIARY. There are no third party beneficiaries of this
Agreement, intended or otherwise.
18. JOINT VENTURE. Seller and Buyer, by entering into this Agreement and completing
the transactions described herein, shall not be considered joint venturers or partners.
19. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement.
20. ENTIRE AGREEMENT / MODIFICATION. This written Agreement, and the related
Development Agreement, if any, constitutes the complete agreement between the parties
and supersedes any prior oral or written agreements between the parties regarding the
7
Property. There are no verbal agreements that change this Agreement and no waiver or
modification of an y of its terms will be effective unless in writing executed by the parties.
In the event the terms of this Agreement conflict with the terms of the Development
Agreement, the latter shall control.
21. BINDING EFFECT. This Agreement binds and benefits the Parties and their
successors and assigns.
22. CONTROLLING LAW. This Agreement is made under the laws of the State of
Minnesota and such laws will control its interpretation.
23. REMEDIES.
a. If Buyer fails to perform any of the terms or conditions of this Agreement within
the specified time limits, Seller may declare this Agreement terminated pursuant
to Minnesota Statutes section 559.21. Seller’s sole remedy in the event of
Buyer’s default is retention of the Purchase Price, unless Buyer defaults under
Section 7 or 12 of this Agreement, in which case Seller may retain the Purchase
Price or suspend the performance of its obligations under this Agreement and
commence an action in Anoka County District Court to recover its actual damages
arising from the default.
b. If Seller fails to perform any of the terms or conditions of this Agreement within
the specified time limits, Buyer may, as its sole remedy, declare this Agreement
terminated in which case Seller shall refund the Purchase Price to Buyer, or, in the
alternative, Buyer may have this Agreement specifically enforced. Buyer waives
all claims for consequential damages against Seller based on Seller’s breach or
alleged default hereunder.
24. WAIVER. Failure of Seller or Buyer to insist upon the performance of any of the
covenants, agreements and/or conditions of this Agreement or to exercise any right or
privilege herein shall not be deemed a waiver of any such covenant, condition or right.
25. SURVIVAL OF TERMS AND CONDITIONS. The terms and conditions of this
Agreement shall survive and be in full force and effect after the delivery of the deed, and
shall not be deemed to have merged therein.
26. SEVERABILITY. Each provision of this Agreement shall apply to the extent permitted
by applicable law and is intended to be severable. If any provision is illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the legality or validity
of the remainder of the Agreement.
27. CONSTRUCTION. The Parties acknowledge that this Agreement was initially
prepared by Seller solely as a convenience and that all Parties and their counsel hereto
have read and full negotiated all the language used in this Agreement. The Parties
acknowledge that because all Parties and their counsel participated in negotiating and
8
drafting this Agreement, no rule of construction shall apply to this Agreement to construe
ambiguous or unclear language in favor of or against any Party.
28. COUNTERPARTS; DIGITAL COPIES. This Agreement may be executed in any
number of counterparts and the signature pages of the separate counterparts combined
into a single copy of this Agreement which will then constitute a fully executed version
of this Agreement. A facsimile, .pdf file or digital copy of a signed counterpart or of an
assemblage of counterparts of this Agreement shall be deemed to be an original thereof.
29. EASEMENTS. In consideration of the sale of this Property, Buyer agrees to provide the
Seller with easements in gross across the entire Property for right-of-way, utilities (water
and sanitary sewer) and drainage and utilities (storm water). Said easements shall either
be reserved to Seller within the warranty deed or contemporaneously provided by Buyer
to Seller in a separate easement document. As part of any subsequent platting process for
the Property, such easements shall be dedicated to the City in the locations where the
right-of-way and the water, sanitary sewer storm sewer systems are constructed, in the
size and shape as is customary for Lino Lakes, and the easements in gross shall be
vacated by the City.
SELLER: The City of Lino Lakes, Minnesota
By: ____________________________ Dated: ___________________, 2016
Jeff Reinert, Mayor
ATTEST:
By: ____________________________
Julie Bartell, City Clerk
BUYER: Dupont Holdings, LLC
By: ____________________________ Dated: ___________________, 2016
Marcel Eibensteiner
Its: _______________________
WS – Item 1
WORK SESSION STAFF REPORT
Special Work Session Item No. 1
Date: September 12, 2016
To: City Council
From: Sarah Cotton, Finance Director
Re: 2017 Draft Budget & Tax Levy
Background
Transmitted for your review and discussion is the fourth draft of the 2017 Budget and
Tax Levy. Staff is prepared to discuss the draft budget with the City Council during the
budget work session.
Attachments
2016-2017 General Fund Forecast Gap Analysis
2017 Use of Reserves Summary
2017 General Fund Operating Budget
2017 Recreation Special Revenue Fund Budget
2017 Capital Equipment Replacement
2017 Water/Sewer Fund Budgets
DRAFT5/16/2016 7/11/2016 8/8/2016 8/22/2016 9/6/2016
Adopted Estimate Requested Requested Requested Requested
2016 2017 2017 2017 2017 2017
Tax Levies
General Fund Levy 7,018,572 7,857,659 7,919,873 8,017,778 7,601,778 7,606,328
Debt Levies 2,039,856 2,155,275 2,155,275 2,155,275 2,155,275 2,155,275
Total Tax Levy 9,058,428 10,012,934 10,075,148 10,173,053 9,757,053 9,761,603
Year-over-Year Change Levy $954,506 1,016,720 1,114,625 698,625 703,175
Drill-Down on Year-Over-Year Levy Changes
Adopted Estimate Requested Requested Requested Requested
2016 2017 2017 2017 2017 2017 Change
Revenues
Property Taxes (Delinquent, Penalties/Interest)105,000 64,500 64,500 64,500 64,500 (40,500)
Intergovt Revenue 655,000 681,409 681,409 681,409 681,409 26,409
Business Licenses/Permits 103,300 118,229 118,229 126,229 126,229 22,929
Non-Business Licenses/Permits 388,683 486,524 486,524 486,524 486,524 97,841
Charges for Services 33,350 34,600 34,600 34,600 34,600 1,250
Public Safety Service Charges 211,200 206,200 206,200 206,200 206,200 (5,000)
Municipal Fines 150,500 175,600 175,600 175,600 175,600 25,100
Miscellaneous 214,805 222,348 222,348 222,348 222,348 7,543
Transfers from Closed Bond Fund/Office Equip Revolv 478,084 317,717 317,717 317,717 317,717 317,717 (160,367)
Use of Reserves 423,000 - - - 408,000 408,000 (15,000)
Total Revenues/Funding Sources 2,762,922 317,717 2,307,127 2,307,127 2,723,127 2,723,127 (39,795)
Expenditures
Personal Services 6,709,435 6,965,155 6,980,369 6,978,274 6,978,274 6,978,274 268,839
Supplies 518,650 518,650 488,700 488,700 488,700 488,700 (29,950)
Other Services and Charnges 1,197,583 1,197,583 1,306,590 1,306,590 1,306,590 1,311,140 113,557
Contracted Services 711,026 711,026 758,526 758,526 758,526 758,526 47,500
Capital Outlay 74,800 74,800 122,014 122,014 122,014 122,014 47,214
Others 665,000 665,000 665,800 765,800 765,800 765,800 100,800
Total Expenditures 9,876,494 10,132,214 10,321,999 10,419,905 10,419,905 10,424,455 547,961
Debt Service
Bonds 1,504,894 1,518,143 1,518,143 1,518,143 1,518,143 1,518,143 13,249
Certificates of Indebtedness 534,962 637,132 637,132 637,132 637,132 637,132 102,170
Total Debt Service 2,039,856 2,155,275 2,155,275 2,155,275 2,155,275 2,155,275 115,419
0
Year-over-Year Change Levy $954,506 1,016,720 1,114,625 698,625 703,175
Levy Supported by Valuation Increase ($9,685,562)520,359 544,652 544,652 627,134 627,134
Gap to Maintain Flat Tax Capacity Rate 434,147 472,068 569,973 71,491 76,041
GENERAL FUND FORECAST GAP ANALYSIS
2016-2017
9.6.2016 DRAFT
DRAFT2015 Excess Reserves 90,000$ Reserve Level Maintained at 50%
2016 Revenues 100,000$ Additional Bldg Permit Revenue
2016 Personal Services 88,000$ Vacancies:
13,300$ Human Resources Manager
5,800$ Economic Development Intern
28,200$ Bldg/Fire Inspector
35,300$ Police Officer
5,400$ Fire Stipends
2016 Expenditures 130,000$
2,000$ Mayor/Council - Professional Services
1,200$ Mayor/Council - Travel/Tuition
10,000$ Administration - Health Insurance
7,000$ Administration - Labor Consultants
1,000$ Administration - Travel/Tuition
500$ Administration - Printing & Publishing
1,000$ Charter Administration - Professional Services
2,500$ Economic Development - Professional Services
2,500$ Planning & Zoning - Contracted Services
5,000$ Fire - Professional Services
2,500$ Building Inspections - Temporaries
2,000$ Streets - Overtime
4,000$ Streets - Maintenance Supplies
3,000$ Streets - Gravel & Misc
1,500$ Streets - Small Tools
4,000$ Streets - Professional Services
20,000$ Streets - Contracted Services
25,000$ Fleet - Vehicle Fuel
5,000$ Fleet - Shop Parts
1,500$ Fleet - Small Tools
13,000$ Fleet - Professional Services
5,000$ Parks - Utilities
800$ Recreation - Other Consultants
10,000$ Environmental - Temporaries
Total Use of Reserves 408,000$
City of Lino Lakes
2017 Draft Budget
Use of Reserves Summary
9.6.2016 DRAFT
DRAFTAdopted Adopted Requested Difference
2015 2016 2017 2016-2017
General Fund Levy 7,490,578 7,018,572 7,606,328 587,756
Special Levy - PERA Contribution - - - -
Total Operating Levy 7,490,578 7,018,572 7,606,328 587,756
Debt Levy
Certificate of Indebtedness 2012 54,086 - - -
Certificate of Indebtedness 2013 69,615 68,933 - (68,933)
Certificate of Indebtedness 2014 177,952 178,868 178,164 (704)
Certificate of Indebtedness 2015A - 72,240 71,749 (491)
Certificate of Indebtedness 2015B - 214,921 215,030 109
Certificate of Indebtedness 2016 - - 172,189 172,189
G.O. Tax Abatement Bond 2006C (2)264,458 278,140 285,411 7,271
G.O. CIP Refunding Bond 2006E (3)449,820 460,110 464,100 3,990
G.O. Bond 2012A (Signal Project) (1)179,563 178,749 177,692 (1,057)
G.O. Bond 2015A (Street Reconstruction) (1)- 214,922 217,127 2,205
G.O. Bond 2015A - Abatement Portion - 57,041 56,096 (945)
EDA Lease/Revenue Bond 2015 (Fire Station #2)- 315,932 317,717 1,785
Total Debt Levy 1,195,494 2,039,856 2,155,275 115,419
Total Levy 8,686,072 9,058,428 9,761,603 703,175
(1) Levy result of Voter-Approved Referendum
(2) Levy result of participation in YMCA project
(3) Levy result of Civic Complex Construction.
City of Lino Lakes
2017 Requested Tax Levy
B-7 9.6.2016 DRAFT
DRAFTActual Adopted Estimate
2015 2016 2017
Taxable Market Value 1,694,366,064 1,700,256,462 1,812,791,827
Annual % Change 12.22%0.35% 6.62%
Total Net Tax Capacity Value 18,339,615 18,453,593 19,726,431
Less FD Contribution in Value 1,072,910 1,115,825 1,168,170
Less Captured Value for Tax Increment 236,559 261,572 290,000
Total Net Tax Capacity Value 17,030,146 17,076,196 18,268,261
Annual % Change 12.46%0.27% 6.98%
2015 2016 2017
Total Levy 8,686,072 9,058,428 9,761,603
Less FD Distribution 1,232,171 1,206,188 1,284,902
Total Net Levy for Tax Rate 7,453,901 7,852,240 8,476,701
Annual % Change 5.44%5.34% 7.95%
Projected City Tax Capacity Rate 43.770%45.985%46.401%
CITY OF LINO LAKES
2017 General Fund Budget/Gap Analysis
Net Tax Capacity Calculation
Net Tax Capacity Rate Calculation
B-8 9.6.2016 DRAFT
DRAFT2015 2016 2017
ADMINISTRATION 4.000 4.500 4.000
FINANCE 3.000 2.750 3.250
ECONOMIC DEVELOPMENT - - -
PLANNING & ZONING 1.000 1.000 1.000
COMMUNITY DEVELOPMENT 2.000 2.000 2.000
ENVIRONMENTAL 0.350 0.350 0.350
SOLID WASTE 0.300 0.300 0.300
FORESTRY 0.350 0.350 0.350
POLICE 28.500 30.550 31.050
FIRE 2.500 1.950 1.950
BUILDING INSPECTIONS 2.000 2.500 2.500
STREETS 7.000 6.500 6.650
FLEET 1.000 1.500 1.500
GOVERNMENT BUILDINGS - - -
PARKS 5.200 5.200 5.200
RECREATION 3.200 2.200 2.350
TOTAL GENERAL 60.400 61.650 62.450
WATER 2.300 2.425 2.825
SEWER 2.300 2.425 2.825
GRAND TOTAL 65.000 66.500 68.100
Personnel are shown as Full Time Equivalents (FTE)
CITY OF LINO LAKES
PERSONNEL - TOTAL
B-12 9.6.2016 DRAFT
DRAFTJuly
Actual Actual Budget YTD Requested Preliminary Adopted Increase/
2014 2015 2016 2016 2017 2017 2017 Decrease
Total Property Taxes 7,163,527 7,502,776 7,123,572 3,649,327 7,670,828 0 0 7.68%
Total Special Assessments 151 271 0 0 0 0 0 ***
Total Intergovernmental Revenue 510,182 626,136 655,000 308,374 681,409 0 0 4.03%
Business Licenses and Permits 115,641 122,348 103,300 81,643 126,229 0 0 22.20%
Non-Business Licenses and Permits 289,541 425,673 388,683 351,013 486,524 0 0 25.17%
Charges for Services 33,386 34,427 33,350 17,522 34,600 0 0 3.75%
Public Safety 221,049 199,497 211,200 103,672 206,200 0 0 (2.37%)
Municipal Fines 119,715 127,804 150,500 123,300 175,600 0 0 16.68%
Investments 48,009 17,426 30,000 0 30,000 0 0 0.00%
Administrative Charges 83,815 62,722 65,000 15,691 65,000 0 0 0.00%
Miscellaneous 153,578 689,557 1,115,889 569,603 948,065 0 0 (15.04%)
Total Revenues 8,738,594 9,808,638 9,876,494 5,220,144 10,424,455 0 0 5.55%
CITY OF LINO LAKES
2017 REQUESTED GENERAL FUND REVENUE
C - 4 9.6.2016 DRAFT
DRAFTAccount Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Number 2014 2015 2016 2016 2017 2017 2017 Decrease
Property Taxes
General Property Tax 101-3010-000 6,001,547 6,388,118 7,018,572 3,128,383 7,606,328 8.37%
Delinquent taxes 101-3020-000 94,218 44,165 90,000 25,288 50,000 (44.44%)
Delinquent taxes - Tax Abatements 101-3025-000 137 43 0 21 0 ***
Manufactured Home Tax 101-3030-000 0 0 0 0 0 ***
Fiscal Disparities 101-3040-000 1,041,059 1,053,732 0 489,130 0 ***
Fiscal Disparities - Tax Abatements 101-3045-000 0 0 0 0 0 ***
Excess Tax Increments 101-3050-000 11,016 2,982 0 4,274 0 ***
Tax Abatements 101-3055-000 0 0 0 0 0 ***
Tax Forfeits 101-3060-000 0 0 0 131 0 ***
Penalties & Interest 101-3150-000 15,550 13,737 15,000 2,099 14,500 (3.33%)
7,163,527 7,502,776 7,123,572 3,649,327 7,670,828 0 0 7.68%
Special Assessments
Current Assessments 101-3110-000 151 271 0 0 0 ***
151 271 0 0 0 0 0
Intergovernmental Revenue
Police Grant 101-3315-000 0 0 110,000 47,911 110,000 0.00%
Other Federal Revenue 101-3319-000 0 0 0 0 0 ***
Local Government Aid 101-3340-000 0 0 0 0 0 ***
Market Value Homestead Credit 101-3341-000 4,024 5,363 4,000 0 4,500 12.50%
Municipal State Aid 101-3345-000 240,977 255,979 261,000 253,523 255,000 (2.30%)
Police State Aid 101-3346-000 179,718 191,767 190,000 200 195,000 2.63%
Other State Revenue 101-3348-000 9,481 73,709 15,000 6,740 9,500 (36.67%)
Fire State Aid 101-3349-000 0 0 0 0 0 ***
Anoka County Solid Waste 101-3360-000 75,982 99,319 75,000 0 107,409 43.21%
Anoka County Special Detail 101-3364-000 0 0 0 0 0 ***
Liveable Communities Grant 101-3370-000 0 0 0 0 0 ***
510,182 626,136 655,000 308,374 681,409 0 0 4.03%
Business Licenses and Permits
Liquor License - Bar 101-3201-000 17,767 20,003 18,000 20,153 27,000 50.00%
Liquor License - Beer 101-3202-000 1,142 1,375 1,000 1,400 1,250 25.00%
Off-Sale Liquor 101-3203-000 1,892 2,325 1,600 2,200 2,100 31.25%
Sunday Liquor License 101-3204-000 1,467 1,808 1,200 6,427 1,500 25.00%
Club Liquor License 101-3205-000 300 300 500 0 300 (40.00%)
Beer Permit 101-3206-000 0 0 100 0 0 (100.00%)
Investigation Fee 101-3208-000 1,313 1,050 450 263 1,000 122.22%
Garbage Removal License 101-3209-000 1,200 1,200 1,200 1,470 1,200 0.00%
Temporary Consumption Permit 101-3210-000 300 300 300 50 300 0.00%
Cigarette License 101-3211-000 1,008 750 600 600 750 25.00%
Contractor's License 101-3213-000 11,484 10,412 11,000 6,850 11,000 0.00%
Rental Housing License 101-3215-000 5,255 6,335 5,300 3,538 5,300 0.00%
Kennel License 101-3218-000 0 0 0 0 0 ***
Dance 101-3219-000 235 235 250 235 250 0.00%
Fireworks License 101-3220-000 200 200 200 200 200 0.00%
Peddlers License 101-3223-000 1,500 1,250 1,500 1,250 1,500 0.00%
Gambling Tax 101-3224-000 1,017 934 100 583 1,000 900.00%
Lodging Tax 101-3225-000 69,561 73,872 60,000 36,426 71,579 19.30%
115,641 122,348 103,300 81,643 126,229 0 0 22.20%
CITY OF LINO LAKES
2017 REQUESTED GENERAL FUND REVENUE
C - 5 9.6.2016 DRAFT
DRAFTAccount Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Number 2014 2015 2016 2016 2017 2017 2017 Decrease
CITY OF LINO LAKES
2017 REQUESTED GENERAL FUND REVENUE
Non-Business Licenses and Permits
Building Permits 101-3250-000 148,102 229,089 205,745 186,203 257,860 25.33%
Plan Inspection Fees 101-3251-000 74,362 112,410 112,988 98,688 147,964 30.96%
Erosion Control Permits 101-3252-000 5,100 7,200 9,750 7,800 16,500 69.23%
Plumbing Permits 101-3253-000 11,988 17,209 13,000 15,174 15,000 15.38%
Mechanical Permits 101-3254-000 27,630 38,245 30,000 20,552 30,000 0.00%
Septic Plumbing Permit 101-3255-000 6,600 6,590 4,500 2,250 6,000 33.33%
Septic System Permit 101-3256-000 6,600 5,650 4,500 3,800 5,000 11.11%
Fence Permit 101-3259-000 2,873 2,359 2,000 2,405 2,000 0.00%
Dog License 101-3260-000 1,771 1,631 1,700 1,262 1,700 0.00%
Sign Permit 101-3262-000 1,520 1,495 1,500 1,220 1,500 0.00%
Road Overweight Permit 101-3263-000 0 0 0 0 0 ***
Underground Utility Permit 101-3264-000 900 650 1,000 8,525 1,000 0.00%
Miscellaneous Permits 101-3266-000 2,095 3,145 2,000 3,135 2,000 0.00%
289,541 425,673 388,683 351,013 486,524 0 0 25.17%
Charges for Services
Land Use Fee 101-3265-000 2,500 3,180 2,000 2,300 3,000 50.00%
Sale of Supplies 101-3404-000 216 42 100 58 100 0.00%
Assessment Searches 101-3405-000 380 1,320 750 980 1,000 33.33%
Election Filing Fees 101-3409-000 0 35 0 0 0 ***
Return Check Fee 101-3413-000 60 30 0 30 0 ***
Materials for Resale 101-3416-000 0 (0)0 1 0 ***
Aerial Map Fee 101-3417-000 5,580 7,832 7,000 4,140 7,000 0.00%
Public Works Fees 101-3433-000 1,377 3,500 3,500 3,856 3,500 0.00%
Other Park Revenues 101-3470-000 13,273 8,487 10,000 6,157 10,000 0.00%
Other Recreation Fees 101-3472-000 10,000 10,000 10,000 0 10,000 0.00%
33,386 34,427 33,350 17,522 34,600 0 0 3.75%
Public Safety
Police Reports 101-3420-000 1,458 9,202 1,200 386 1,200 0.00%
Police Training Fees 101-3421-000 0 1,619 0 0 0 ***
Police Other Revenues 101-3422-000 219,591 188,677 210,000 103,286 205,000 (2.38%)
Common Space Revenues 101-3423-000 0 0 0 0 0 ***
221,049 199,497 211,200 103,672 206,200 0 0 (2.37%)
Municipal Fines
Fines & Forfeits 101-3510-000 84,028 78,606 85,000 68,955 85,000 0.00%
ACE Fees 101-3511-000 35,387 48,197 65,000 53,945 90,000 38.46%
Driving Diversion Program (DDP) 101-3512-000 300 1,000 500 400 600 20.00%
119,715 127,804 150,500 123,300 175,600 0 0 16.68%
Investments
Interest on Investments 101-3620-000 30,506 27,004 30,000 0 30,000 0.00%
Change in Fair Value of Investments 101-3621-000 17,503 (9,578)0 0 0 ***
48,009 17,426 30,000 0 30,000 0 0 0.00%
Administrative Charges
Administrative Charge - Bonds 101-3490-000 0 0 0 0 0 ***
Investment Management Charge 101-3494-000 50,000 50,000 50,000 0 50,000 0.00%
Administrative Charge - Escrows 101-3493-000 0 0 0 0 0 ***
Administrative Charge - TIF 101-3491-000 0 0 0 0 0 ***
Engineering/Planning Charges 101-3492-000 33,815 12,722 15,000 15,691 15,000 0.00%
83,815 62,722 65,000 15,691 65,000 0 0 0.00%
C - 6 9.6.2016 DRAFT
DRAFTAccount Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Number 2014 2015 2016 2016 2017 2017 2017 Decrease
CITY OF LINO LAKES
2017 REQUESTED GENERAL FUND REVENUE
Miscellaneous
Use of Fund Reserves 0 0 423,000 0 408,000 (3.55%)
Transfer From Other Funds 101-3920-000 0 480,894 478,084 478,084 317,717 (33.54%)
Circle Pines Gas Franchise 101-3350-000 71,015 47,914 70,000 23,914 70,000 0.00%
Other Solid Waste 101-3361-000 1,882 1,065 2,000 997 1,500 (25.00%)
SAC/Surcharge Fee 101-3414-000 1,349 2,444 2,000 2,314 2,000 0.00%
Building Rentals 101-3640-000 0 0 0 0 0 ***
Gambling Ordinance Funding 101-3710-000 0 0 0 0 0 ***
Donations 101-3720-000 5,245 1,925 5,000 8,864 5,000 0.00%
Other Grants (Non-govt)101-3725-000 0 0 0 0 0 ***
Refunds & Reimbursements 101-3730-000 32,135 53,747 30,000 3,451 40,000 33.33%
Bldg Lease Revenue 101-3740-000 16,029 82,597 104,805 53,227 102,848 (1.87%)
Tree Refunds - Escrows 101-3631-000 0 942 0 (1,293)0 ***
Cable TV 101-3630-000 25,000 12,500 0 0 0 ***
Miscellaneous Revenue 101-3810-000 923 5,529 1,000 44 1,000 0.00%
Sale of Fixed Assets 101-3910-000 0 0 0 0 0 ***
153,578 689,557 1,115,889 569,603 948,065 0 0 (15.04%)
Total Revenues 8,738,594 9,808,638 9,876,494 5,220,144 10,424,455 0 0 5.55%
C - 7 9.6.2016 DRAFT
DRAFTJuly
Actual Actual Budget YTD Requested Preliminary Adopted Increase/
DEPT#DESCRIPTION 2014 2015 2016 2016 2017 2017 2017 Decrease
ADMINISTRATION
401 MAYOR AND COUNCIL 104,444 77,414 73,638 27,862 79,233 0 0 7.60%
402 ADMINISTRATION 373,726 371,778 518,595 257,034 504,867 0 0 (2.65%)
403 ELECTIONS 20,743 15,968 28,504 4,656 16,730 0 0 (41.31%)
404 CABLE TV 1,872 1,905 2,840 1,413 2,840 0 0 0.01%
405 CHARTER ADMINISTRATION 3,577 649 2,500 576 2,500 0 0 0.00%
407 FINANCE 501,871 523,647 522,110 322,269 626,974 0 0 20.08%
414 LEGAL CONSULTANTS 162,754 130,277 140,000 63,141 140,000 0 0 0.00%
TOTAL ADMINISTRATION 1,168,987 1,121,637 1,288,187 676,950 1,373,144 0 0 6.60%
COMMUNITY DEVELOPMENT
415 ECONOMIC DEVELOPMENT 90,398 90,428 101,137 39,409 112,117 0 0 10.86%
416 PLANNING AND ZONING 114,285 123,050 146,228 65,428 158,267 0 0 8.23%
417 ENGINEERING 87,144 100,952 105,276 44,855 105,706 0 0 0.41%
418 COMMUNITY DEVELOPMENT 195,462 209,457 210,198 120,924 219,603 0 0 4.47%
461 ENVIRONMENTAL 39,936 46,776 62,912 27,113 65,424 0 0 3.99%
462 SOLID WASTE ABATEMENT 75,416 98,384 79,909 46,026 107,365 0 0 34.36%
463 FORESTRY 43,812 46,437 52,380 23,252 64,846 0 0 23.80%
TOTAL COMMUNITY DEVELOPMENT 646,453 715,485 758,040 367,007 833,328 0 0 9.93%
PUBLIC SAFETY
420 POLICE PROTECTION 3,133,237 3,184,965 3,556,707 1,895,517 3,789,465 0 0 6.54%
421 FIRE PROTECTION 563,412 1,019,886 612,316 311,514 606,212 0 0 (1.00%)
422 BUILDING INSPECTIONS 182,069 182,315 238,164 116,389 239,972 0 0 0.76%
TOTAL PUBLIC SAFETY 3,878,718 4,387,166 4,407,187 2,323,420 4,635,649 0 0 5.18%
PUBLIC SERVICES
430 STREETS 935,149 869,497 1,006,801 457,803 1,019,027 0 0 1.21%
431 FLEET MANAGEMENT 393,031 265,522 446,863 223,762 431,834 0 0 (3.36%)
432 GOVERNMENT BUILDINGS 438,247 391,120 486,820 305,565 513,318 0 0 5.44%
450 PARKS DEPARTMENT 492,569 536,997 587,619 309,787 598,595 0 0 1.87%
451 RECREATION 298,505 291,087 229,977 130,358 253,760 0 0 10.34%
TOTAL PUBLIC SERVICES 2,557,501 2,354,223 2,758,080 1,427,276 2,816,534 0 0 2.12%
OTHERS
499 CONTINGENCY/TRANSFERS/OTHERS 565,196 590,245 665,000 539,500 765,800 0 0 15.16%
TOTAL OTHERS 565,196 590,245 665,000 539,500 765,800 0 0 (100.00%)
TOTAL GENERAL FUND EXPENDITURES 8,816,855 9,168,756 9,876,494 5,334,152 10,424,455 - - 5.55%
CITY OF LINO LAKES
2017 GENERAL FUND BUDGET
REQUESTED EXPENDITURES
D - 8 9.6.2016 DRAFT
DRAFTMAYOR AND COUNCIL (101-401)
BUDGET DETAIL
Object Code
4101-000 Salaries
Mayor & Council Members 28,786
Additional meetings - 48 special meetings x $40/mtg x 5 9,950
2 EDA meetings x $35/mtg x 5
4200-000 Office Supplies
Signature stamps, name plates, special meeting expenses 0
4300-000 Professional Services 2,500
Strategic Planning/Goal Setting Consultant
4330-000 Travel & Tuition 1,500
Registration/Travel/Meals/Lodging for:
- League of MN Cities Conference
- Elected Official Orientation
4340-000 Printing & Publishing 6,000
4343-000 Newsletter 4,000
Printing, Publishing & Postage Costs
4360-000 Insurance 0
Errors & Omissions Coverage
4452-000 Subscriptions & Dues 17,500
League of Minnesota Cities
4900-000 City Marketing 4,000
Community Celebration
Flowers, Plaques & Awards
Employee Appreciation
Lino Lakes Ambassadors
CITY OF LINO LAKES
D - 9 9.6.2016 DRAFT
DRAFTMAYOR AND COUNCIL (101-401)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 40,472 36,706 35,986 20,392 38,736 7.64%
PERA 4121-000 1,954 1,839 1,799 1,031 1,937 7.67%
SOCIAL SECURITY 4122-000 1,265 1,058 2,753 591 2,963 7.63%
LIFE INSURANCE 4133-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 74 125 100 61 97 (3.00%)
43,765 39,729 40,638 22,074 43,733 0 0 7.62%
SUPPLIES
OFFICE SUPPLIES 4200-000 74 19 0 0 0 ***
74 19 0 0 0 0 0 ***
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 35,030 1,710 2,500 110 2,500 0.00%
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 315 630 1,500 141 1,500 0.00%
PRINTING & PUBLISHING 4340-000 5,401 7,509 3,000 0 6,000 100.00%
NEWSLETTER 4343-000 2,532 3,189 6,000 2,643 4,000 (33.33%)
INSURANCE 4360-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 15,976 16,901 16,500 0 17,500 6.06%
CITY MARKETING 4900-000 1,351 7,728 3,500 2,894 4,000 14.29%
60,605 37,666 33,000 5,788 35,500 0 0 7.58%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL MAYOR AND COUNCIL 104,444 77,414 73,638 27,862 79,233 0 0 7.60%
CITY OF LINO LAKES
D - 10 9.6.2016 DRAFT
DRAFTADMINISTRATION (101-402)
BUDGET DETAIL
Object Code
4101-000 Salaries 348,625
100% of City Administrator
100% of City Clerk
100% of Deputy City Clerk
100% of Human Resources Manager
4106-000 Temporaries 16,500
Scanning
4300-000 Professional Services 8,500
Drug/Alcohol testing
Training
Arbitration
Web Consulting
4310-000 Labor Consultants 5,000
Labor relations, employment law, contract negotiations, arbitration
4321-000 Telephone - Cellular 360
4330-000 Travel & Tuition 6,000
League of MN Cities Conference
ICMA National Conference
MAMA meetings
MCMA Annual Conference
MPELRA Conferences
City Clerk Certification
MCFOA Conference
Mileage reimbursement
4340-000 Printing & Publishing 2,000
Legal publications, employment ads, etc.
4452-000 Subscriptions & Dues 1,500
MAMA, ICMA, MCMA, MCFOA
4410-000 Contracted Services 9,000
Web site development & maintenance
Code on-line
Shred-it
Metro I-net Laserfisch Document Imaging - Annual Licensing $2,632
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 11 9.6.2016 DRAFT
DRAFTADMINISTRATION (101-402)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 250,872 268,650 353,189 177,249 348,625 (1.29%)
OVERTIME 4102-000 0 0 0 0 0 ***
TEMPORARIES 4106-000 21,466 11,844 15,850 8,445 16,500 4.10%
WELLNESS PROGRAM 4108-000 665 1,128 720 521 1,440 100.00%
PERA 4121-000 19,529 20,553 27,678 13,927 27,384 (1.06%)
SOCIAL SECURITY 4122-000 19,652 20,095 28,231 14,067 27,932 (1.06%)
ICMA EMPLOYER 4123-000 0 0 0 0 0 ***
HEALTH INSURANCE 4131-000 20,950 21,994 49,282 14,777 41,936 (14.91%)
LIFE & DISABILITY INSURANCE 4133-000 813 819 1,403 703 1,343 (4.28%)
DENTAL INSURANCE 4134-000 1,506 1,569 2,322 1,018 2,147 (7.54%)
VEHICLE ALLOWANCE 4135-000 3,600 3,600 3,600 2,100 3,600 0.00%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 4,815 0 ***
WORKER'S COMPENSATION 4151-000 1,638 1,675 1,960 1,260 1,600 (18.37%)
340,691 351,927 484,235 238,882 472,507 0 0 (2.42%)
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
SMALL TOOLS 4240-000 5 0 0 0 0 ***
5 0 0 0 0 0 0 ***
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 9,239 3,771 8,500 4,526 8,500 0.00%
LABOR CONSULTANTS 4310-000 991 840 9,000 350 5,000 (44.44%)
TELEPHONE 4321-000 360 360 360 210 360 0.00%
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 2,846 3,750 6,000 3,103 6,000 0.00%
PRINTING & PUBLISHING 4340-000 1,210 1,314 2,500 803 2,000 (20.00%)
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 484 791 1,500 623 1,500 0.00%
15,130 10,826 27,860 9,614 23,360 0 0 (16.15%)
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 17,900 9,025 6,500 8,538 9,000 38.46%
17,900 9,025 6,500 8,538 9,000 0 0 38.46%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL ADMINISTRATION 373,726 371,778 518,595 257,034 504,867 0 0 (2.65%)
CITY OF LINO LAKES
D - 12 9.6.2016 DRAFT
DRAFTELECTIONS AND VOTERS REGISTRATION (101-403)
BUDGET DETAIL
Object Code
4101-000 Salaries
Primary and General Elections - 7 Precincts 10,000
4200-000 Office Supplies 800
Supplies for elections
4322-000 Postage 200
Mail Notices
4340-000 Printing & Publishing 1,000
Print election ballots
5000-000 Capital Outlay 4,600
Vote Scanners per Anoka County Agreement
CITY OF LINO LAKES
D - 13 9.6.2016 DRAFT
DRAFTELECTIONS AND VOTERS REGISTRATION (101-403)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 16,327 10,000 20,500 0 10,000 (51.22%)
SOCIAL SECURITY 4122-000 25 28 0 0 30 ***
WORKER'S COMPENSATION 4151-000 55 95 104 63 100 (3.85%)
16,407 10,123 20,604 63 10,130 0 0 (50.83%)
SUPPLIES
OFFICE SUPPLIES 4200-000 348 457 800 0 800 0.00%
348 457 800 0 800 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 200 10 200 0.00%
TRAVEL & TUITION 4330-000 0 0 0 0 0 ***
PRINTING & PUBLISHING 4340-000 779 927 2,000 0 1,000 (50.00%)
779 927 2,200 10 1,200 0 0 (45.45%)
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 60 0 300 0 0 (100.00%)
60 0 300 0 0 0 0 (100.00%)
CAPITAL OUTLAY
EQUIPMENT 5000-000 3,149 4,461 4,600 4,583 4,600 0.00%
3,149 4,461 4,600 4,583 4,600 0 0 0.00%
TOTAL ELECTIONS 20,743 15,968 28,504 4,656 16,730 0 0 (41.31%)
CITY OF LINO LAKES
D - 14 9.6.2016 DRAFT
DRAFTCABLE TV (101-404)
BUDGET DETAIL
Object Code
4106-000 Temporaries
Cable TV Tech to videotape Council, Park Board & 2,160
Planning & Zoning Meetings @ $15.00/hr* 3 hrs/mtg* 48 mtgs
4200-000 Office Supplies -
Recordable dvds
5000-000 Capital Outlay 500
CITY OF LINO LAKES
D - 15 9.6.2016 DRAFT
DRAFTCABLE TV (101-404)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
TEMPORARIES 4106-000 1,524 1,764 2,160 1,306 2,160 0.00%
SOCIAL SECURITY 4122-000 117 135 165 100 165 0.15%
WORKER'S COMPENSATION 4151-000 6 6 15 7 15 0.00%
1,647 1,905 2,340 1,413 2,340 0 0 0.01%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
SMALL TOOLS 4240-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
CAPITAL OUTLAY
EQUIPMENT 5000-000 225 0 500 0 500 0.00%
225 0 500 0 500 0 0 0.00%
TOTAL CABLE TV 1,872 1,905 2,840 1,413 2,840 0 0 0.01%
CITY OF LINO LAKES
D - 16 9.6.2016 DRAFT
DRAFTCHARTER ADMINISTRATION (101-405)
BUDGET DETAIL
Object Code
4300-000 Professional Services 1,000
Time Savers - Minutes
4300-999 Professional Services - Charter Commission Directed 1,500
Timesavers - Minutes
Printing, Postage & Misc. Expenses
4301-000 Municipal Attorney -
4340-000 Printing & Publishling -
4343-000 Newsletter -
Possible newsletter articles
CITY OF LINO LAKES
D - 17 9.6.2016 DRAFT
DRAFTCHARTER ADMINISTRATION (101-405)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
OTHER SERVICES AND SUPPLIES
PROFESSIONAL SERVICES 4300-000 752 465 1,000 576 1,000 0.00%
PROF SERVICES - CHARTER COMM 4300-999 2,825 184 1,500 0 1,500 0.00%
MUNICIPAL ATTORNEY 4301-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
LEGAL NOTICES 4344-000 0 0 0 0 0 ***
3,577 649 2,500 576 2,500 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL CHARTER ADMINISTRATION 3,577 649 2,500 576 2,500 0 0 0.00%
CITY OF LINO LAKES
D - 18 9.6.2016 DRAFT
DRAFTFINANCE (101-407)
BUDGET DETAIL
Object Code
4101-000 Salaries 249,787
100% of Finance Director
100% of Accountant III
75% of Accounts Payable/Payroll Tech
50% of Office Specialist
4200-000 Office Supplies 1,000
Payroll & A/P check blanks and other financial forms
4308-000 Auditor 15,500
Estimated cost of Independent Annual Audit
4310-000 Other Consultants 185,188
Metro-Inet IT Services Estimate 156,308
Supplemental Programs & Services 22,211
MIS Services & Support 134,097
Springbrook Hosted Web UB Maintenance 2,880
Springbrook License Subscription 26,000
4330-000 Travel & Tuition 4,000
4340-000 Printing & Publishing 500
Publish Budget and Financial Reports
4342-000 Truth In Taxation 1,900
City share of property specific notices
4452-000 Subscriptions & Dues 1,067
MGFOA Membership 60
GFOA Membership 190
Cert. Of Achievement Program 435
MN Board of Accountancy 102
MNCPA 280
4410-000 Contracted Services 100,000
Assessing Services - Anoka County
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 19 9.6.2016 DRAFT
DRAFTFINANCE (101-407)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 232,348 256,665 214,132 123,327 249,787 16.65%
OVERTIME 4102-000 0 56 0 0 0 ***
TEMPORARIES 4106-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 699 778 720 125 720 0.00%
PERA 4121-000 16,874 17,330 16,060 9,250 18,734 16.65%
SOCIAL SECURITY 4122-000 17,177 16,817 16,381 9,155 19,109 16.65%
ICMA EMPLOYER CONTRIBUTION 4123-000 1,761 1,414 1,800 0 1,800 0.00%
HEALTH INSURANCE 4131-000 21,548 23,749 20,927 12,301 23,832 13.88%
LIFE & DISABILITY INSURANCE 4133-000 808 805 863 477 974 12.86%
DENTAL INSURANCE 4134-000 1,506 1,357 1,548 519 1,744 12.66%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 1,336 1,352 1,159 863 1,119 (3.45%)
294,057 320,323 273,590 156,018 317,819 0 0 16.17%
SUPPLIES
OFFICE SUPPLIES 4200-000 629 1,025 900 37 1,000 11.11%
SMALL TOOLS 4240-000 0 0 0 0 ***
629 1,025 900 37 1,000 0 0 11.11%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 0 0 0 0 ***
AUDITOR 4308-000 13,178 13,529 15,500 14,372 15,500 0.00%
OTHER CONSULTANTS 4310-000 91,072 83,519 124,820 49,357 185,188 48.36%
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 1,700 1,548 4,000 1,238 4,000 0.00%
PRINTING & PUBLISHING 4340-000 284 485 500 779 500 0.00%
TRUTH IN TAXATION 4342-000 1,815 3,728 1,900 0 1,900 0.00%
INSURANCE 4360-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 745 685 900 1,067 1,067 18.56%
108,794 103,495 147,620 66,813 208,155 0 0 41.01%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 98,391 98,804 100,000 99,401 100,000 0.00%
98,391 98,804 100,000 99,401 100,000 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL FINANCE 501,871 523,647 522,110 322,269 626,974 0 0 20.08%
CITY OF LINO LAKES
D - 20 9.6.2016 DRAFT
DRAFTLEGAL CONSULTANTS (101-414)
BUDGET DETAIL
4301-000 Muncipal Attorney 35,000
Consulting Attorney to City Council & Staff for municipal matters
4303-000 Prosecuting Attorney 105,000
Consulting Services for Criminal Prosecutions
CITY OF LINO LAKES
D - 21 9.6.2016 DRAFT
DRAFTLEGAL CONSULTANTS (101-414)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
OTHER SERVICES AND CHARGES
MUNICIPAL ATTORNEY 4301-000 60,499 28,803 35,000 10,809 35,000 0.00%
CRIMINAL ATTORNEY 4303-000 102,255 101,474 105,000 52,332 105,000 0.00%
162,754 130,277 140,000 63,141 140,000 0 0 0.00%
TOTAL LEGAL CONSULTANTS 162,754 130,277 140,000 63,141 140,000 0 0 0.00%
CITY OF LINO LAKES
D - 22 9.6.2016 DRAFT
DRAFTECONOMIC DEVELOPMENT (101-415)
BUDGET DETAIL
Object Code
4101-000 Salaries 20,000
Economic Development Intern 1664 hrs @ $12/hr (32 hrs/wk)
4300-000 Professional Services 21,500
Marketing Materials Legacy/City 4,500
BRE Program Development 30 hrs @ 175/hr 5,250
Pre Application Assistance 60 hrs @ 190/hr 11,400
4330-000 Travel & Tuition 300
Various Seminars & Related Travel Expense
4340-000 Printing & Publishing 300
4452-000 Subscriptions & Dues 400
Economic Development Association of MN
Sensible Land Use Coalition
Chamber of Commerce
Professional Journals
4900-000 City Marketing 68,000
Lodging Tax Remittals - Pass Through to Twin Cities Gateway Covnention
and Toursim Bureau
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 23 9.6.2016 DRAFT
DRAFTECONOMIC DEVELOPMENT (101-415)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 0 0 0 0 0 ***
TEMPORARIES 4106-000 11,739 12,506 20,000 5,754 20,000 0.00%
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 0 177 0 0 0 ***
SOCIAL SECURITY 4122-000 898 957 1,530 440 1,530 0.00%
HEALTH INSURANCE 4131-000 0 0 0 0 0 ***
LIFE INSURANCE 4133-000 0 0 0 0 0 ***
DENTAL INSURANCE 4134-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 73 62 107 70 87 (18.69%)
12,710 13,702 21,637 6,264 21,617 0 0 (0.09%)
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 11,206 6,148 21,500 7,880 21,500 0.00%
PLANNING CONSULTANT 4306-000 0 0 0 0 0 ***
LIVEABLE COMMUNITIES 4314-000 0 0 0 0 0 ***
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 0 0 300 0 300 0.00%
PRINTING & PUBLISHING 4340-000 0 0 300 0 300 0.00%
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 400 400 400 400 400 0.00%
CITY MARKETING 4900-000 66,082 70,179 57,000 24,865 68,000 19.30%
77,688 76,727 79,500 33,145 90,500 0 0 13.84%
CONTRACTUAL SERVICES
TAX ABATEMENTS 4405-000 0 0 0 0 0 ***
CONTRACTED SERVICES 4410-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL ECONOMIC DEVELOPMENT 90,398 90,428 101,137 39,409 112,117 0 0 10.86%
CITY OF LINO LAKES
D - 24 9.6.2016 DRAFT
DRAFTPLANNING AND ZONING (101-416)
BUDGET DETAIL
Object Code
4101-000 Salaries 81,191
100% of City Planner
4200-000 Office Supplies 200
Public/Advisory Meeting Supplies
4300-000 Professional Services 7,950
Legal Assistance Ordinance Updates 30 hrs @ $145/ hr 4,350
GIS mapping updates FEMA/Zoning/Other 30 hr @ $120/hr 3,600
4330-000 Travel & Tuition 1,450
Sensible Land Use Coalition membership and other programs/wkshps 250
MnAPA conference: 1 staff @ est. $500 500
P&Z Workshops incl mileage for 7 members 400
Misc. mileage 150
Computer Training 150
4331-000 Stipend
Commissioners - 6 @ $75 x 12 mtgs; Chair $100 x 12 mtgs 6,600
4340-000 Printing and Publishing 250
Maps
4452-000 Subscriptions & Dues 700
APA membership 500
Misc. reference resources 200
4410-000 Contracted Services 39,550
Misc. deliveries/other 400
Consultant Services - Small Area Plans 75 hrs @$150/hr 11,250
ArcView Annual Maint.500
Permit Works Annual Maint. 2,400
Comprehensive Plan Update 2018 (Year 2 of 3)25,000
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 25 9.6.2016 DRAFT
DRAFTPLANNING AND ZONING (101-416)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 67,098 71,385 73,121 42,613 81,191 11.04%
OVERTIME 4102-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 4,873 5,354 5,484 3,196 6,089 11.03%
SOCIAL SECURITY 4122-000 5,085 5,413 5,594 3,248 6,211 11.03%
HEALTH INSURANCE 4131-000 5,723 6,081 6,234 3,612 6,872 10.23%
LIFE INSURANCE 4133-000 247 258 294 169 315 7.14%
DENTAL INSURANCE 4134-000 502 509 516 297 537 4.07%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 367 400 385 257 352 (8.57%)
83,895 89,400 91,628 53,393 101,567 0 0 10.85%
SUPPLIES
OFFICE SUPPLIES 4200-000 151 65 200 0 200 0.00%
151 65 200 0 200 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 8,302 9,465 7,950 6,226 7,950 0.00%
PLANNING CONSULTANT 4306-000 0 0 0 0 0 ***
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 930 1,117 1,450 425 1,450 0.00%
STIPEND 4331-000 3,850 3,175 4,500 2,100 6,600 46.67%
PRINTING & PUBLISHING 4340-000 50 405 250 0 250 0.00%
INSURANCE 4360-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 540 550 700 585 700 0.00%
CITY MARKETING 4900-000 0 0 0 0 0 ***
13,672 14,713 14,850 9,336 16,950 0 0 14.14%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 16,567 18,872 39,550 2,700 39,550 0.00%
16,567 18,872 39,550 2,700 39,550 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL PLANNING AND ZONING 114,285 123,050 146,228 65,428 158,267 0 0 8.23%
CITY OF LINO LAKES
D - 26 9.6.2016 DRAFT
DRAFTENGINEERING (101-417)
BUDGET DETAIL
Object Code
4300-000 Professional Services 44,500
Traffic Counts 2,500
Engineering Consultant (hourly)42,000
4410-000 Contractual Services 61,206
Engineering Consultant (Retainer)59,206
Contracted Svcs: Annual Maintenance - Trimble GPS Software Maintenance Agmt 1,500
ArcView Annual Maintenance 500
5000-000 Capital Outlay 0
NOTE:
1) General Engineering (WSB Retainer)
Com. Dev 59,206
Water Dept 12,687
Sewer Dept.12,687
Total 84,580
2) Engineering Expenditures included elsewhere:
Water Department 25,000
Sewer Department (estimate)25,000
Streets Dept. (contracted storm sewer)25,000
Pavement Management (estimate)65,000
140,000
Total Engineering including Comm. Dev.241,206
CITY OF LINO LAKES
D - 27 9.6.2016 DRAFT
DRAFTENGINEERING (101-417)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 0 0 0 0 0 ***
OVERTIME SALARIES 4102-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 0 0 0 0 0 ***
SOCIAL SECURITY 4122-000 0 0 0 0 0 ***
HEALTH INSURANCE 4131-000 0 0 0 0 0 ***
LIFE & DISABILITY INSURANCE 4133-000 0 0 0 0 0 ***
DENTAL INSURANCE 4134-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 29,006 42,135 44,500 24,963 44,500 0.00%
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 0 0 0 0 0 ***
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 0 0 0 0 0 ***
29,006 42,135 44,500 24,963 44,500 0 0 0.00%
CONTRACTUAL SERVICES
ENGINEERING CONSULTANT 4410-000 58,138 58,817 58,776 19,892 59,206 0.73%
CONTRACTED SERVICES 4410-000 0 0 2,000 0 2,000 0.00%
58,138 58,817 60,776 19,892 61,206 0 0 0.71%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL ENGINEERING 87,144 100,952 105,276 44,855 105,706 0 0 0.41%
CITY OF LINO LAKES
D - 28 9.6.2016 DRAFT
DRAFTCOMMUNITY DEVELOPMENT (101-418)
BUDGET DETAIL
Object Code
4101-000 Salaries 161,667
100% of Community Development Director
100% of Administrative Assistant
4200-000 Office Supplies 100
4300-000 Professional Services 7,000
SmartConnect (GIS) Annual Service and Maintenance 5,000
Mapping and Database Design 2,000
4330-000 Travel & Tuition 900
Seminars, Conferences & Mileage 500
Training 400
4340-000 Printing & Publishing 250
4452-000 Subscriptions & Dues 600
APA/AICP Membership: 1 staff
4410-000 Contracted Services
Anoka County GIS 300
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 29 9.6.2016 DRAFT
DRAFTCOMMUNITY DEVELOPMENT (101-418)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 153,739 147,390 153,716 88,314 161,667 5.17%
OVERTIME 4102-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 720 720 720 0 720 0.00%
PERA 4121-000 11,091 11,054 11,529 6,554 12,125 5.17%
SOCIAL SECURITY 4122-000 12,069 11,109 11,759 6,515 12,368 5.18%
ICMA EMPLOYER CONTRIBUTION 4123-000 1,581 1,440 2,000 0 2,000 0.00%
HEALTH INSURANCE 4131-000 6,600 16,685 18,227 10,426 19,332 6.06%
LIFE INSURANCE 4133-000 539 498 613 330 627 2.28%
DENTAL INSURANCE 4134-000 0 466 1,032 297 1,073 3.97%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 965 824 952 565 541 (43.17%)
187,304 190,186 200,548 113,002 210,453 0 0 4.94%
SUPPLIES
OFFICE SUPPLIES 4200-000 115 144 100 0 100 0.00%
115 144 100 0 100 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 6,596 17,557 7,000 6,788 7,000 0.00%
PLANNING CONSULTANT 4306-000 0 0 0 0 0 ***
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 492 634 900 259 900 0.00%
PRINTING & PUBLISHING 4340-000 0 0 250 0 250 0.00%
INSURANCE 4360-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 525 535 600 575 600 0.00%
CITY MARKETING 4900-000 0 0 0 0 0 ***
7,613 18,726 8,750 7,622 8,750 0 0 0.00%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 430 400 800 300 300 (62.50%)
430 400 800 300 300 0 0 (62.50%)
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL COMMUNITY DEVELOPMENT 195,462 209,457 210,198 120,924 219,603 0 0 4.47%
CITY OF LINO LAKES
D - 30 9.6.2016 DRAFT
DRAFTENVIRONMENTAL (101-461)
BUDGET DETAIL
Object Code
4101-000 Salaries 28,706
35% of Environmental Coordinator
4102-000 Overtime 500
4106-000 Temporaries 15,666
4211-000 Maintenance Supplies 700
Chemicals, seed, etc.
4240-000 Small Tools
Shovels, Rakes, etc.300
4300-000 Professional Services
Ecologist, Hydrologist - Environmental Reviews/Research & Development 1,000
Resource Management Planning
4321-000 Telephone - Cellular 250
1 staff at $20/month x 12
4330-000 Travel & Tuition
Various Training Seminars, Conferences, Mileage: Env.Board and 1 staff 1,300
4331-000 Stipend
Commissioners - 6 @ $75 x 12 mtgs; Chair $100 x 12 mtgs 6,600
4452-000 Subscriptions & Dues
Professional Memberships & Journals 100
4410-000 Contracted Services 1,000
ArcGIS Annual Maintenance
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 31 9.6.2016 DRAFT
DRAFTENVIRONMENTAL (101-461)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 27,361 27,428 28,006 15,726 28,706 2.50%
OVERTIME 4102-000 0 0 1,000 0 500 (50.00%)
TEMPORARIES 4106-000 0 6,181 15,666 3,098 15,666 0.00%
WELLNESS PROGRAM 4108-000 252 193 180 0 252 40.00%
PERA 4121-000 1,987 2,057 2,175 1,180 2,228 2.44%
SOCIAL SECURITY 4122-000 2,090 2,571 3,417 1,394 3,471 1.58%
ICMA EMPLOYER CONTRIBUTION 4123-000 149 428 500 0 500 0.00%
HEALTH INSURANCE 4131-000 2,010 2,128 2,182 1,264 2,405 10.22%
LIFE INSURANCE 4133-000 98 98 111 62 111 0.00%
DENTAL INSURANCE 4134-000 176 178 181 104 188 3.87%
WORKER'S COMPENSATION 4151-000 168 198 244 161 147 (39.75%)
34,291 41,460 53,662 22,989 54,174 0 0 0.95%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 521 250 700 81 700 0.00%
SMALL TOOLS 4240-000 305 0 300 49 300 0.00%
826 250 1,000 130 1,000 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 50 1,000 774 1,000 0.00%
TELEPHONE 4321-000 237 238 250 404 250 0.00%
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 1,079 813 1,300 634 1,300 0.00%
STIPEND 4331-000 2,375 2,950 4,500 2,150 6,600 46.67%
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
UNIFORMS 4370-000 113 0 0 0 0 ***
RENTED EQUIPMENT 4415-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 15 15 200 33 100 (50.00%)
3,819 4,066 7,250 3,994 9,250 0 0 27.59%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 1,000 1,000 1,000 0 1,000 0.00%
1,000 1,000 1,000 0 1,000 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL ENVIRONMENTAL 39,936 46,776 62,912 27,113 65,424 0 0 3.99%
CITY OF LINO LAKES
D - 32 9.6.2016 DRAFT
DRAFTSOLID WASTE ABATEMENT (101-462)
BUDGET DETAIL
Object Code
4101-000 Salaries 24,605
30% of Environmental Coordinator
4102-000 Overtime 1,600
Recycle Days Equipment Operators and staff assistance
4103-000 Temporaries 20,000
Intern 32 hours per week @ $12/hr
4330-000 Travel & Tuition 200
4340-000 Printing & Publishing
Notices for Recycling Days, Earth Day, etc. 11,300
4410-000 Contracted Services 41,000
Recycling Day Vendors & Other Hazardous Materials
5000-000 Capital Outlay 0
Solid Waste Expeditures are reimbursed from Anoka County through the Solid Waste Management
Coordinating Board (SCORE)
CITY OF LINO LAKES
D - 33 9.6.2016 DRAFT
DRAFTSOLID WASTE ABATEMENT (101-462)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 23,048 23,510 24,005 13,609 24,605 2.50%
OVERTIME 4102-000 1,619 1,322 1,600 1,041 1,600 0.00%
TEMPORARIES 4106-000 10,076 16,414 20,000 8,394 20,000 0.00%
WELLNESS PROGRAM 4108-000 216 166 200 0 216 8.00%
PERA 4121-000 1,883 2,533 1,920 1,615 1,965 2.34%
SOCIAL SECURITY 4122-000 2,655 3,152 3,489 1,555 3,535 1.32%
ICMA EMPLOYER 4123-000 127 367 350 0 425 21.43%
HEALTH INSURANCE 4131-000 1,723 1,824 1,870 1,084 2,062 10.27%
LIFE & DISABILITY INSURANCE 4133-000 84 84 95 53 95 0.00%
DENTAL INSURANCE 4134-000 151 153 155 89 161 3.87%
WORKER'S COMPENSATION 4151-000 153 177 225 158 201 (10.67%)
41,735 49,701 53,909 27,597 54,865 0 0 1.77%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
SMALL TOOLS 4240-000 19 0 0 0 0 ***
19 0 0 0 0 0 0 ***
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 0 0 0 0 ***
MUNICIPAL ATTORNEY 4301-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 25 113 200 0 200 0.00%
PRINTING & PUBLISHING 4340-000 350 8,000 11,300 6,672 11,300 0.00%
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
UNIFORMS 4370-000 97 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 0 0 0 0 0 ***
472 8,113 11,500 6,672 11,500 0 0 0.00%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 23,323 40,795 6,000 11,756 41,000 583.33%
23,323 40,795 6,000 11,756 41,000 0 0 583.33%
CAPITAL OUTLAY
EQUIPMENT 5000-000 9,867 (225) 8,500 0 0 (100.00%)
9,867 (225) 8,500 0 0 0 0 (100.00%)
TOTAL SOLID WASTE ABATEMENT 75,416 98,384 79,909 46,026 107,365 0 0 34.36%
CITY OF LINO LAKES
D - 34 9.6.2016 DRAFT
DRAFTFORESTRY (101-463)
BUDGET DETAIL
Object Code
4101-000 Salaries 28,706
35% of Environmental Coordinator
4211-000 Maintenance Supplies 4,100
Fertilizers, staking material etc. 500
EAB Chemicals 3,600
4240-000 Small Tools 250
4370-000 Uniforms 380
4410-000 Contracted Services 15,000
Damaged/Diseased Tree Removal/5,000
Oakwilt Control - includes vibratory plow rental
Emerald Ash Borer Tree Replacement Program 10,000
5000-000 Capital Outlay 7,700
Boulevard Tree Replacement 5,000
Tree Injector for EAB Injections 2,700
CITY OF LINO LAKES
D - 35 9.6.2016 DRAFT
DRAFTFORESTRY (101-463)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 26,890 27,428 28,006 15,727 28,706 2.50%
OVERTIME 4102-000 0 0 0 0 0 ***
TEMPORARIES 4106-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 252 193 200 0 252 26.00%
PERA 4121-000 1,953 2,057 2,100 1,180 2,153 2.52%
SOCIAL SECURITY 4122-000 2,055 2,124 2,142 1,267 2,196 2.52%
ICMA EMPLOYER 4123-000 149 428 500 0 500 0.00%
HEALTH INSURANCE 4131-000 2,010 2,128 2,182 1,264 2,405 10.22%
LIFE INSURANCE 4133-000 98 98 111 62 111 0.00%
DENTAL INSURANCE 4134-000 176 178 181 104 188 3.87%
WORKER'S COMPENSATION 4151-000 850 885 828 553 905 9.30%
34,433 35,519 36,250 20,156 37,416 0 0 3.22%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 320 82 500 432 4,100 720.00%
SMALL TOOLS 4240-000 425 0 250 0 250 0.00%
745 82 750 432 4,350 0 0 480.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 0 0 0 0 ***
TELEPHONE 4321-000 0 0 0 0 0 ***
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 0 0 0 0 0 ***
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
UNIFORMS 4370-000 118 338 380 0 380 0.00%
RENTED EQUIPMENT 4415-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 0 0 0 0 0 ***
118 338 380 0 380 0 0 0.00%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 8,516 5,561 10,000 0 15,000 50.00%
8,516 5,561 10,000 0 15,000 0 0 50.00%
CAPITAL OUTLAY
BLVD TREES 5000-000 0 4,936 5,000 2,664 7,700 54.00%
0 4,936 5,000 2,664 7,700 0 0 54.00%
TOTAL FORESTRY 43,812 46,437 52,380 23,252 64,846 0 0 23.80%
CITY OF LINO LAKES
D - 36 9.6.2016 DRAFT
DRAFT
POLICE (101-420)
BUDGET DETAIL
Object Code
4101-000 Salaries 2,561,993
85% Director of Public Safety
1 @ 100% of Dep Director of Police Ops2 @ 100% Records Clerks
1 @ 85% of Pub Safety Captain 3 @ 50% Community Service Officers
5 @ 100 % Sergeants 1 @ 85% Administrative Asst.
19 @ 100 % Patrol Officers
4102-000 Overtime 90,000
Patrol, Court, Training, Special Events, Safe & Sober, Night Cap, DWI Enforcement
4200-000 Office Supplies 8,100
4211-000 Maintenance Supplies 10,600
Ammo, Taser Supplies, Range Supplies, Simunition, DMT Gas
4213-000 Youth Program Supplies 3,050
Supplies, Youth Safety Camp, Firearms Camp, Snowmobile Safety, Explorers
4214-000 Crime Prevention 7,000
Night to Unite, Volunteer Appreciation, Business Watch
4240-000 Small Tools 4,400
4300-000 Professional Services 1,630
Critical Incident Debriefing, POST Licensing,
4321-000 Telephones 10,021
Mobile Phone, Equipment
4322-000 Postage 1,950
4330-000 Travel & Tuition 19,680
Certification Training, Seminars, Computer Training, Tuition Reimb
4360-000 Professional Liability Insurance 34,515
4370-000 Uniforms 30,020
4381-000 Electricity 360
4386-000 Reserves 2,000
4452-000 Subscriptions & Dues 1,550
Professional Memberships & Subscriptions
4410-000 Contracted Services 54,970
Anoka Cty Central Communications, RMS - JLEC, 800 MHz Contract, State of MN DJDN, Emergency Sirens, LEXIPOL, TargetSolutions
5000-000 Capital Outlay - 35,000
Computer Tablets (Purchase 3 in 2017)12,000
Admin Laptops (Purchase 1 in 2017)2,000
Tasers (Purchase 3 in 2017)4,000
Radar (Purchase 1 in 2017)3,000
Desktops (Roll Call, Rpt, Intox, Admin)2,800
"High Gear" Use of Force Trng Suit 1,600
Glock Pistol (2)1,000
Patrol Rifle Equipment 3,600
Trng Mezzanine (Fire Stn #2)5,000
CITY OF LINO LAKES
D - 37 9.6.2016 DRAFT
DRAFTPOLICE (101-420)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 2,110,620 2,141,432 2,413,859 1,258,966 2,561,993 6.14%
OVERTIME 4102-000 103,601 84,214 86,932 68,187 90,000 3.53%
TEMPORARIES 4106-000 0 0 0 0 0 ***
TRAFFIC PROJECTS SALARIES 4107-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 3,744 2,496 4,000 360 4,932 23.30%
PERA 4121-000 320,535 348,407 389,789 204,759 411,771 5.64%
SOCIAL SECURITY 4122-000 38,752 39,800 47,591 24,397 51,176 7.53%
ICMA EMPLOYER 4123-000 4,027 4,224 4,000 0 4,500 12.50%
HEALTH INSURANCE 4131-000 293,251 293,297 322,409 175,390 345,816 7.26%
LIFE & DISABILITY INSURANCE 4133-000 7,031 7,140 9,078 5,047 9,381 3.34%
DENTAL INSURANCE 4134-000 11,020 12,381 16,552 7,668 16,663 0.67%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 55,328 60,612 62,197 39,515 68,387 9.95%
2,947,909 2,994,003 3,356,407 1,784,289 3,564,619 0 0 6.20%
SUPPLIES
OFFICE SUPPLIES 4200-000 6,224 5,157 7,500 4,552 8,100 8.00%
MAINTENANCE SUPPLIES 4211-000 7,918 8,781 10,600 6,845 10,600 0.00%
YOUTH PROGRAMS 4213-000 829 0 2,950 1,475 3,050 3.39%
CRIME PREVENTION/SAFETY 4214-000 6,343 5,293 6,750 4,054 7,000 3.70%
SMALL TOOLS 4240-000 4,340 6,410 4,300 2,204 4,400 2.33%
25,654 25,640 32,100 19,130 33,150 0 0 3.27%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 2,755 3,441 1,900 677 1,630 (14.21%)
OTHER CONSULTANTS 4310-000 0 0 0 0 0 ***
TELEPHONE 4321-000 8,443 9,099 10,000 3,784 10,021 0.21%
POSTAGE 4322-000 635 988 1,800 638 1,950 8.33%
TRAVEL & TUITION 4330-000 12,907 12,296 19,300 8,591 19,680 1.97%
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 30,350 36,583 30,000 23,011 34,515 15.05%
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
UNIFORMS 4370-000 33,824 24,814 30,100 14,261 30,020 (0.27%)
ELECTRICITY 4381-000 281 292 300 172 360 20.00%
HEAT 4383-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 1,698 1,630 1,600 1,578 1,550 (3.13%)
RESERVES 4386-000 946 673 2,000 26 2,000 0.00%
EXPLORERS 4387-000 1,624 1,500 0 0 0 ***
93,463 91,316 97,000 52,738 101,726 0 0 4.87%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 33,225 37,162 42,000 33,544 54,970 30.88%
33,225 37,162 42,000 33,544 54,970 0 0 30.88%
CAPITAL OUTLAY
EQUIPMENT 5000-000 32,986 36,844 29,200 5,817 35,000 19.86%
32,986 36,844 29,200 5,817 35,000 0 0 19.86%
TOTAL POLICE DEPARTMENT 3,133,237 3,184,965 3,556,707 1,895,517 3,789,465 0 0 6.54%
CITY OF LINO LAKES
D - 38 9.6.2016 DRAFT
DRAFTFIRE (101-421)
BUDGET DETAIL
4101-000 Salaries 306,082
15% Director of Public Safety
100% Deputy Director - Fire Ops
15% Public Safety Captain
15% Administrative Assistant
50% Building/Fire Inspector
Paid-On-Call Firefighters - Calls/Drills/Officers
4109-000 Fire Stipend 62,192
Cross-trained Fire/Rescue - 23 @ $2,704
4200-000 Office Supplies 2,000
4211-000 Maintenance Supplies 7,500
Foam, TKO, Saw Blades, Floor Dry, Batteries
4213-000 Youth Program 750
4214-000 Fire Prevention 3,000
4240-000 Small Tools 2,800
Rescue Tools, Pip Poles, Shovels, Brooms, Portable Lights, Ropes
4300-000 Professional Services 6,045
FF Certification - 45 @ $20 Every 3 Yrs (6-2017; 80-2018; 17-2019)120
FF Licensure - 25 @ $75 Every 3 Yrs (29-2017; 16-2018; 45-2019 2,175
FIT Testing - 45 @ $20 900
Hepatitis Vaccination Series - 10 @ $285 2,850
4321-000 Telephone 3,000
4322-000 Postage 500
4330-000 Travel & Tuition 20,000
Training Supplies (auto extraction, doors, etc.)3,000
Medical Training 3,000
Staff Development (Fire Officer, Operators, Leadership, Conference)6,000
MN Fire Chiefs Conference 2,000
FF1, FF2, HazMat Initial Trng 6,000
4340-000 Printing & Publishing 1,000
4370-000 Uniforms 20,000
4410-000 Contracted Services 27,000
Ladder Testing Foam System Service @ $125/truck for 7 trucks
SCBA Flow Testing @ $75 * 45 Pump Testing @ $205/truck for 7 trucks
PSDS Pump Service @ $200/truck for 7 trucks
Dispatch Application LEXIPOL
Anoka County Mobile Connectivity TargetSolutions
Accessory Svc for Fans (3), Generators (5), Extraction (2), and Saws (11)
4452-000 Subscriptions & Dues 1,380
MN IAAI 100
Metro Fire Chiefs 200
Anoka Co. Fire Protection Assn.210
MSFCA 270
International Assn.600
5000-000 Capital Outlay
Miscellaneous (Flat Head Axes, Pick Head Axes, Sludge Hammers, Rubber Mallets,29,114 36,614
Halligan Bars, Nozzles, Saws, Hose
Trng Mezzanine (Fire Stn #2)5,000
Smoke Machine for Trng Room 2,500
CITY OF LINO LAKES
D - 39 9.6.2016 DRAFT
DRAFTFIRE (101-421)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 14,792 254,828 286,356 134,586 306,082 6.89%
OVERTIME 4102-000 0 0 0 2,861 0 ***
FIRE STIPEND 4109-000 0 42,260 67,600 34,568 62,192 ***
WELLNESS PROGRAM 4108-000 0 388 0 0 108 ***
PERA 4121-000 2,303 37,411 23,341 18,928 39,525 69.34%
SOCIAL SECURITY 4122-000 210 8,141 13,526 6,378 14,158 4.67%
ICMA EMPLOYER 4123-000 0 0 0 0 0 ***
VOL FF RETIRE PLAN 4124-000 0 0 62,152 0 0 (100.00%)
HEALTH INSURANCE 4131-000 208 32,564 26,869 13,124 20,972 (21.95%)
LIFE & DISABILITY INSURANCE 4133-000 3 658 711 374 504 (29.11%)
DENTAL INSURANCE 4134-000 85 1,272 1,057 430 1,046 (1.04%)
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 0 14,321 31,474 15,969 30,036 (4.57%)
17,601 391,844 513,086 227,219 474,623 0 0 (7.50%)
SUPPLIES
OFFICE SUPPLIES 4200-000 0 1,674 2,000 897 2,000 0.00%
MAINTENANCE SUPPLIES 4211-000 36 933 5,000 2,238 7,500 50.00%
YOUTH PROGRAMS 4213-000 0 0 750 0 750 0.00%
CRIME PREVENTION/SAFETY 4214-000 0 0 3,000 1,118 3,000 0.00%
SMALL TOOLS 4240-000 547 9,609 2,000 1,776 2,800 40.00%
583 12,215 12,750 6,028 16,050 0 0 25.88%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 4,312 14,804 10,000 2,139 6,045 (39.55%)
OTHER CONSULTANTS 4310-000 1,785 2,006 0 0 0 ***
TELEPHONE 4321-000 45 360 3,000 367 3,000 0.00%
POSTAGE 4322-000 0 0 500 0 500 0.00%
TRAVEL & TUITION 4330-000 10,903 62,451 15,000 1,214 20,000 33.33%
PRINTING & PUBLISHING 4340-000 2,981 3,708 0 0 1,000 ***
NEWSLETTER 4343-000 523 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
UNIFORMS 4370-000 12,729 12,875 10,000 4,769 20,000 100.00%
ELECTRICITY 4381-000 0 0 0 0 0 ***
HEAT 4383-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 0 457 1,380 514 1,380 0.00%
33,278 96,661 39,880 9,003 51,925 0 0 30.20%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 511,050 518,360 19,600 61,384 27,000 37.76%
511,050 518,360 19,600 61,384 27,000 0 0 37.76%
CAPITAL OUTLAY
EQUIPMENT 5000-000 900 807 27,000 7,880 36,614 35.61%
900 807 27,000 7,880 36,614 0 0 35.61%
TOTAL FIRE DEPARTMENT 563,412 1,019,886 612,316 311,514 606,212 0 0 (1.00%)
CITY OF LINO LAKES
D - 40 9.6.2016 DRAFT
DRAFTBUILDING INSPECTIONS (101-422)
BUDGET DETAIL
Object Code
4101-000 Salaries 165,879
100% Building Official
50% Building/Fire Inspector
100% of Building Permit Technician
4102-000 Overtime 500
4106-000 Temporaries 10,750
4200-000 Office Supplies 1,500
Card stock for building permits
Correction notice forms
Septic system pumping forms
Code books
4240-000 Small Tools 150
4300-000 Professional Services 5,000
Permit Works Annual Maintenance (Incl. Permits, Licensing, Planning, Geobase)
4321-000 Telephones 550
Bldg Official & Inspector
4330-000 Travel & Tuition 2,800
Staff training and mileage 1,500
SSTS Cert - 1 staff 1,300
4370-000 Uniforms 760
4452-000 Subscriptions & Dues 500
Professional Memberships, cerifications & journals
4410-000 Contracted Services 500
Large format scanning
5000-000 Capital Outlay 600
Laser Level
CITY OF LINO LAKES
D - 41 9.6.2016 DRAFT
DRAFTBUILDING INSPECTIONS (101-422)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 125,935 125,645 161,660 84,052 165,879 2.61%
OVERTIME SALARIES 4102-000 0 112 500 0 500 0.00%
TEMPORARIES 4106-000 0 6,776 10,750 (1) 10,750 0.00%
WELLNESS PROGRAM 4108-000 555 552 720 0 720 0.00%
PERA 4121-000 9,146 9,432 12,162 6,304 12,478 2.60%
SOCIAL SECURITY 4122-000 9,201 9,677 13,228 6,106 13,550 2.43%
ICMA EMPLOYER 4123-000 0 0 0 0 0 ***
HEALTH INSURANCE 4131-000 17,444 17,654 25,541 11,101 21,132 (17.26%)
LIFE & DISABILITY INSURANCE 4133-000 472 472 611 298 603 (1.31%)
DENTAL INSURANCE 4134-000 1,004 1,018 1,290 594 1,342 4.03%
REEMPLOYMENT INSURANCE 4141-000 3,828 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 762 760 992 525 658 (33.67%)
168,347 172,097 227,454 108,978 227,612 0 0 0.07%
SUPPLIES
OFFICE SUPPLIES 4200-000 515 1,230 1,500 724 1,500 0.00%
SMALL TOOLS 4240-000 0 92 150 47 150 0.00%
515 1,322 1,650 772 1,650 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 4,180 4,175 5,000 4,175 5,000 0.00%
MUNICIPAL ENGINEER 4304-000 0 0 0 0 0 ***
OTHER CONSULTANTS 4310-000 0 0 0 0 0 ***
TELEPHONE 4321-000 237 238 550 222 550 0.00%
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 700 365 1,750 560 2,800 60.00%
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
UNIFORMS 4370-000 380 380 760 134 760 0.00%
SUBSCRIPTIONS & DUES 4452-000 235 0 500 0 500 0.00%
5,732 5,158 8,560 5,091 9,610 0 0 12.27%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 7,475 3,738 500 1,549 500 0.00%
7,475 3,738 500 1,549 500 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 600 ***
0 0 0 0 600 0 0 ***
TOTAL BUILDING INSPECTIONS 182,069 182,315 238,164 116,389 239,972 0 0 0.76%
CITY OF LINO LAKES
D - 42 9.6.2016 DRAFT
DRAFTSTREETS (101-430)
BUDGET DETAIL
Object Code
4101-000 Salaries 390,282
100% of Street Supervisor
50% General Maintenance Worker/Mechanic
5 @ 100% General Maintenance Workers
15% Office Specialist
4102-000 Overtime 8,000
Snowplowing, street repairs, unforeseen emergencies
4105-000 On-Call 2,000
4106-000 Temporaries 23,000
Seasonal summer maintenance workers
4211-000 Maintenance Supplies 8,000
Matrial for landscape beds, medians
4223-000 Street Signs 12,000
4224-000 Patching Materials 65,000
4228-000 Salt/Sand 55,000
4229-000 Gravel & Misc 15,000
Rock, Class V for road repair
4240-000 Small Tools 4,000
Shovels, rakes, safety equipment, etc.
4300-000 Professional Services 4,000
4321-000 Telephone 1,000
4330-000 Travel & Tuition 2,000
Staff training and mileage
4370-000 Uniforms 2,600
4415-000 Rental Equipment 1,000
4452-000 Subscriptions & Dues 7,000
Professional memberships & journals, incl State/County contract purchasing membership, Cartegraph subscription
4385-000 Street Lights 100,000
Electricity & repair of city-owned lights
4410-000 Contracted Services 65,000
Patching, signal maintenance, traffic control sign rental, dead deer removal, etc.
4421-000 Contracted Storm System Maintenance 125,000
Storm drainage system maintenance, ditch/pond cleaning, etc.
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 43 9.6.2016 DRAFT
DRAFTSTREETS (101-430)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 385,580 386,247 377,948 203,119 390,282 3.26%
OVERTIME 4102-000 13,843 7,667 8,000 1,363 8,000 0.00%
ON CALL/PAGER 4105-000 1,748 1,595 2,000 851 2,000 0.00%
TEMPORARIES 4106-000 17,818 23,262 23,000 17,170 23,000 0.00%
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 29,133 29,663 29,096 15,288 30,021 3.18%
SOCIAL SECURITY 4122-000 31,549 30,937 31,438 16,308 32,381 3.00%
ICMA EMPLOYER CONTRIBUTION 4123-000 1,585 1,477 1,500 0 1,500 0.00%
HEALTH INSURANCE 4131-000 36,963 37,356 35,252 25,721 35,098 (0.44%)
LIFE & DISABILITY INSURANCE 4133-000 1,463 1,480 1,597 845 1,581 (1.00%)
DENTAL INSURANCE 4134-000 3,012 3,053 3,354 1,632 3,569 6.41%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 27,630 29,374 27,016 18,966 24,995 (7.48%)
550,324 552,109 540,201 301,264 552,427 0 0 2.26%
SUPPLIES
OFFICE SUPPLIES 4200-000 1,948 0 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 177 12,520 8,000 129 8,000 0.00%
SHOP PARTS 4221-000 835 494 0 0 0 ***
STREET SIGNS 4223-000 9,554 16,318 12,000 3,580 12,000 0.00%
PATCHING MATERIALS 4224-000 41,933 45,192 65,000 61,648 65,000 0.00%
SALT/SAND 4228-000 63,939 42,577 55,000 438 55,000 0.00%
GRAVEL AND MISCELLANEOUS 4229-000 8,304 9,052 15,000 7,961 15,000 0.00%
SMALL TOOLS 4240-000 3,362 4,734 4,000 1,556 4,000 0.00%
130,052 130,886 159,000 75,312 159,000 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 13,210 20,293 4,000 0 4,000 0.00%
TELEPHONE 4321-000 1,138 487 1,000 404 1,000 0.00%
TRAVEL & TUITION 4330-000 2,358 1,650 2,000 1,218 2,000 0.00%
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
UNIFORMS 4370-000 2,518 2,467 2,600 527 2,600 0.00%
ELECTRICITY 4381-000 0 0 0 0 0 ***
RENTED EQUIPMENT 4415-000 122 3,390 1,000 122 1,000 0.00%
SUBSCRIPTIONS & DUES 4452-000 15 5,880 7,000 6,000 7,000 0.00%
19,361 34,168 17,600 8,271 17,600 0 0 0.00%
CONTRACTUAL SERVICES
STREET LIGHTS 4385-000 87,801 91,243 100,000 55,565 100,000 0.00%
CONTRACTED SERVICES 4410-000 63,588 44,967 65,000 1,995 65,000 0.00%
CONTRACTED STORM SYSTEM MAINT4421-000 84,023 16,123 125,000 15,396 125,000 0.00%
235,412 152,333 290,000 72,956 290,000 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL STREETS 935,149 869,497 1,006,801 457,803 1,019,027 0 0 1.21%
CITY OF LINO LAKES
D - 44 9.6.2016 DRAFT
DRAFTFLEET MANAGEMENT (101-431)
BUDGET DETAIL
Object Code
4101-000 Salaries 88,968
100% of Mechanic
50% General Maintenance Worker/Mechanic
4102-000 Overtime 1,000
Emergency repairs, snow plowing
4211-000 Maintenance Supplies 20,000
Supplies to maintain fire apparatus and equipment
4212-000 Fuel 85,000
For entire fleet and equipment, including police & fire
4221-000 Shop Parts 85,000
Repair parts for city equipment
4240-000 Small Tools 4,000
Purchase and replace mechanic tools
4300-000 Professional Services 38,000
Out of shop repairs i.e. front end alignment
4330-000 Travel & Tuition 500
Training and testing to maintain required licenses and certificates
4363-000 Auto Insurance 23,357
For entire fleet, including police & fire
4370-000 Uniforms 570
4410-000 Contracted Services 45,000
Maintain and certify fire equipment
4452-000 Subscriptions and Dues 12,000
Fleet Mgt Update and ALDATA repair manual, Cartegraph subscription
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 45 9.6.2016 DRAFT
DRAFTFLEET MANAGEMENT (101-431)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 67,098 56,800 85,419 48,440 88,968 4.15%
OVERTIME 4102-000 660 193 2,000 766 1,000 (50.00%)
TEMPORARIES 4106-000 13,428 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 3,971 4,275 6,556 3,690 6,748 2.93%
SOCIAL SECURITY 4122-000 4,928 4,139 6,688 3,480 6,883 2.92%
HEALTH INSURANCE 4131-000 10,126 6,331 9,351 4,175 11,466 22.62%
LIFE & DISABILITY INSURANCE 4133-000 188 211 380 197 373 (1.84%)
DENTAL INSURANCE 4134-000 544 509 774 445 805 4.01%
REEMPLOYMENT INSURANCE 4141-000 1,694 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 2,656 1,921 2,815 1,821 2,164 (23.13%)
105,293 74,380 113,983 63,014 118,407 0 0 3.88%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 611 735 20,000 899 20,000 0.00%
FUELS 4212-000 123,751 71,446 125,000 47,520 85,000 (32.00%)
SHOP PARTS 4221-000 88,906 59,987 85,000 37,607 85,000 0.00%
SMALL TOOLS 4240-000 4,640 4,697 4,000 1,643 4,000 0.00%
217,908 136,866 234,000 87,669 194,000 0 0 (17.09%)
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 34,363 25,516 38,000 4,795 38,000 0.00%
TELEPHONE 4321-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 103 219 500 332 500 0.00%
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 (899)0 0 0 ***
AUTO INSURANCE 4363-000 23,144 26,873 28,000 15,572 23,357 (16.58%)
UNIFORMS 4370-000 208 344 380 138 570 50.00%
CONTRACTED SERVICES 4410-000 34 0 20,000 45,884 45,000 125.00%
RENTED EQUIPMENT 4415-000 0 0 0 0 0 ***
SUBSCRIPTIONS AND DUES 4452-000 11,978 2,225 12,000 6,100 12,000 0.00%
69,830 54,277 98,880 72,820 119,427 0 0 20.78%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 259 0 ***
0 0 0 259 0 0 0 ***
TOTAL FLEET MANAGEMENT 393,031 265,522 446,863 223,762 431,834 0 0 (3.36%)
CITY OF LINO LAKES
D - 46 9.6.2016 DRAFT
DRAFTGOVERNMENT BUILDINGS (101-432)
BUDGET DETAIL
Object Code
4101-000 Salaries 2,080
Boiler Tech Endorsement
4200-000 Office Supplies 16,000
Supplies for office operations for all departments
4211-000 Maintenance Supplies 30,000
Replacement parts, janitorial supplies, etc.
4240-000 Small Tools 2,400
4300-000 Professional Services 51,000
Repair/calibration of HVAC system, repairs in city buildings,
Safety Systems monitoring, internet access, computer maintenance
4321-000 Telephone 25,000
Telephone service charges to include Metro I-net of $18,151
4322-000 Postage 8,000
Postage for all departments
4361-000 Insurance 116,258
General Liability, Property, Excess Liability
4381-000 Electricity 82,000
For all city buildings
4382-000 Utilities 22,000
Water & sewer service
4383-000 Heat 48,000
Civic complex and other city buildings
4384-000 Sanitation 9,000
Refuse collection for civic complex and other city buildings
4452-000 Subscriptions & Dues 200
Newspaper
4410-000 Contracted Services 64,000
Pest control, maintain copier, fax machine, fire
extinguishers, postage machine rental, shredder, roof inspections
read/calibrate scales, garage door maintenance
Jani-King Cleaning Services
5000-000 Capital Outlay 37,000
Security Cameras - Civic Complex, Fire Stations
CITY OF LINO LAKES
D - 47 9.6.2016 DRAFT
DRAFTGOVERNMENT BUILDINGS (101-432)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 1,820 1,820 1,820 1,130 2,080 14.29%
OVERTIME SALARIES 4102-000 0 0 0 0 0 ***
TEMPORARIES 4106-000 0 0 0 0 0 ***
WELLNESS PROGRAM 4108-000 0 0 0 0 0 ***
PERA 4121-000 112 126 137 85 156 13.87%
SOCIAL SECURITY 4122-000 111 119 139 80 159 14.39%
HEALTH INSURANCE 4131-000 0 0 0 0 0 ***
LIFE AND DISABILITY INSURANCE 4133-000 0 0 0 0 0 ***
DENTAL INSURANCE 4134-000 0 0 0 0 0 ***
REEMPLOYMENT INSURANCE 4141-000 0 0 0 0 0 ***
WORKER'S COMPENSATION 4151-000 (194) 76 71 47 65 (8.45%)
1,849 2,141 2,167 1,342 2,460 0 0 13.52%
SUPPLIES
OFFICE SUPPLIES 4200-000 17,301 14,084 16,000 5,771 16,000 0.00%
MAINTENANCE SUPPLIES 4211-000 38,092 24,825 28,000 39,972 30,000 7.14%
SMALL TOOLS 4240-000 204 0 2,400 0 2,400 0.00%
55,597 38,909 46,400 45,744 48,400 0 0 4.31%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 42,242 29,332 51,000 53,678 51,000 0.00%
TELEPHONE 4321-000 15,260 17,646 18,000 10,657 25,000 38.89%
POSTAGE 4322-000 7,700 3,355 10,000 (1,106) 8,000 (20.00%)
TRAVEL & TUITION 4330-000 45 0 0 20 0 ***
PRINTING & PUBLISHING 4340-000 0 0 0 234 0 ***
INSURANCE (property etc.) 4360-000 0 0 0 0 0 ***
INSURANCE 4361-000 117,018 114,582 126,253 77,344 116,258 (7.92%)
UNIFORMS 4370-000 0 0 0 0 0 ***
ELECTRICITY 4381-000 68,421 73,219 72,000 48,231 82,000 13.89%
UTILITIES 4382-000 15,508 17,210 14,000 4,109 22,000 57.14%
HEAT 4383-000 51,858 33,269 64,000 22,980 48,000 (25.00%)
SANITATION 4384-000 3,715 7,237 4,000 5,158 9,000 125.00%
CIVIC COMPLEX OPERATIONS 4389-000 0 0 0 0 0 ***
RENTAL EQUIPMENT 4415-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 298 254 0 169 200 ***
322,065 296,104 359,253 221,475 361,458 0 0 0.61%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 57,534 53,967 79,000 37,004 64,000 (18.99%)
57,534 53,967 79,000 37,004 64,000 0 0 (18.99%)
CAPITAL OUTLAY
EQUIPMENT 5000-000 1,202 0 0 0 37,000 ***
1,202 0 0 0 37,000 0 0 ***
TOTAL GOVERNMENT BUILDINGS 438,247 391,120 486,820 305,565 513,318 0 0 5.44%
CITY OF LINO LAKES
D - 48 9.6.2016 DRAFT
DRAFTPARKS (101-450)
BUDGET DETAIL
Object Code
4101-000 Salaries 338,421
50% of Director of Public Services
100% of Parks Supervisor
70% of Administrative Assistant
3 @ 100% General Maintenance Workers
4102-000 Overtime 3,000
4106-000 Temporaries 26,000
4211-000 Maintenance Supplies 25,000
Fencing & netting, plantings, rock, ag-lime, pea rock, class V,
fertilizer, seed, herbicides, line chalk, field marking paint, clay, sod,
irrigation system maintenance, repair & upgrade, paint, lumber
4240-000 Small Tools 1,500
Hand tools & small power tools, mowers, chain saws, weed whips
4300-000 Professional Services 2,000
Drug/alcohol testing, consulting, engineering
4321-000 Telephones 3,000
Service to park buildings, cellular & pagers
4330-000 Travel & Tuition 2,000
Certification training, seminars, computer training, mileage
4331-000 Stipend 1,100
Board members - 6 @ $75 x 2 mtgs; Chair $100 x 2 mtgs
4370-000 Uniforms 1,500
4381-000 Electricity 3,500
Park buildings, hockey rink lights
4382-000 Utilities 20,000
Sewer, water, irrigation
4383-000 Heat 5,000
4384-000 Sanitation 900
4415-000 Rented Equipment 500
4452-000 Subscriptions & Dues 200
Professional memberships & subscriptions
4410-000 Contracted Services 55,000
Court resurfacing, portable restrooms, weed control, tree/stump removal,
trail construction/repairs/maint, dataview user fee
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 49 9.6.2016 DRAFT
DRAFTPARKS (101-450)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 297,372 322,263 328,671 185,966 338,421 2.97%
OVERTIME 4102-000 3,528 878 3,000 422 3,000 0.00%
TEMPORARIES 4106-000 23,612 14,510 26,000 18,618 26,000 0.00%
WELLNESS PROGRAM 4108-000 0 0 360 0 0 (100.00%)
PERA 4121-000 21,053 24,236 24,875 13,937 25,607 2.94%
SOCIAL SECURITY 4122-000 23,457 24,669 27,362 15,042 28,108 2.73%
ICMA EMPLOYER 4123-000 256 0 1,800 0 1,800 0.00%
HEALTH INSURANCE 4131-000 43,163 40,566 40,100 23,017 39,345 (1.88%)
LIFE & DISABILITY INSURANCE 4133-000 1,041 1,183 1,320 739 1,344 1.82%
DENTAL INSURANCE 4134-000 1,756 2,179 2,683 1,247 2,791 4.03%
REEMPLOYMENT INSURANCE 4141-000 466 795 0 0 0 ***
WORKER'S COMPENSATION 4151-000 7,503 8,338 8,598 5,798 10,979 27.69%
423,207 439,617 464,769 264,785 477,395 0 0 2.72%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 0 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 23,082 29,117 25,000 20,687 25,000 0.00%
SMALL TOOLS 4240-000 1,416 2,664 1,500 2,094 1,500 0.00%
24,498 31,781 26,500 22,782 26,500 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 294 8,341 2,000 2,619 2,000 0.00%
OTHER CONTRACTORS 4310-000 0 0 0 0 0 ***
TELEPHONE 4321-000 2,987 2,902 3,000 1,640 3,000 0.00%
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 1,644 1,978 2,000 1,491 2,000 0.00%
STIPEND - PARK COMM 4331-000 850 1,000 750 600 1,100 46.67%
PRINTING & PUBLISHING 4340-000 0 0 0 0 0 ***
NEWSLETTER 4343-000 0 0 0 0 0 ***
INSURANCE 4360-000 0 0 0 0 0 ***
AUTO INSURANCE 4363-000 0 0 0 0 0 ***
UNIFORMS 4370-000 1,140 1,363 1,500 595 1,500 0.00%
ELECTRICITY 4381-000 2,894 3,091 3,500 2,078 3,500 0.00%
UTILITIES (WATER/SEWER) 4382-000 13,985 14,973 22,000 2,758 20,000 (9.09%)
HEAT 4383-000 5,371 3,257 5,000 1,640 5,000 0.00%
SANITATION 4384-000 0 156 900 0 900 0.00%
RENTED EQUIPMENT 4415-000 137 0 500 211 500 0.00%
SAFETY EDUCATION 4450-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 97 160 200 51 200 0.00%
29,399 37,222 41,350 13,683 39,700 0 0 (3.99%)
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 15,465 28,377 55,000 8,538 55,000 0.00%
15,465 28,377 55,000 8,538 55,000 0 0 0.00%
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL PARKS 492,569 536,997 587,619 309,787 598,595 0 0 1.87%
CITY OF LINO LAKES
D - 50 9.6.2016 DRAFT
DRAFTRECREATION (101-451)
BUDGET DETAIL
Object Code
4101-000 Salaries 155,820
20% of Director of Public Services
2 @ 100% of Recreation Supervisor
15% Office Specialist
4106-000 Temporaries
Warming house attendants - 3 Locations 34,000
Partial funding of summer playground program
4211-000 Maintenance Supplies 2,500
Supplies for playground program, warming houses
4321-000 Telephone 450
4330-000 Travel & Tuition 2,000
MRPA conference (2 attending), mileage
4340-000 Printing & Publishing 700
Quad bulletin, job notices
4343-000 Newsletter 13,000
Printing and mailing costs 3 times per year
4452-000 Subscriptions & Dues 1,000
5000-000 Capital Outlay 0
CITY OF LINO LAKES
D - 51 9.6.2016 DRAFT
DRAFTRECREATION (101-451)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 191,290 177,378 136,325 73,400 155,820 14.30%
OVERTIME 4102-000 319 0 400 0 0 (100.00%)
TEMPORARIES 4106-000 33,362 34,364 34,000 26,918 34,000 0.00%
WELLNESS PROGRAM 4108-000 120 0 600 0 0 (100.00%)
PERA 4121-000 13,916 12,688 11,304 5,505 12,737 12.68%
SOCIAL SECURITY 4122-000 16,686 15,302 13,060 7,747 14,521 11.19%
HEALTH INSURANCE 4131-000 20,371 28,700 13,187 6,060 13,552 2.77%
LIFE & DISABILITY INSURANCE 4133-000 715 640 563 313 617 9.59%
DENTAL INSURANCE 4134-000 1,606 1,459 1,135 653 1,261 11.10%
REEMPLOYMENT INSURANCE 4141-000 466 29 0 0 0 ***
WORKER'S COMPENSATION 4151-000 2,248 2,231 1,753 1,401 1,602 (8.61%)
281,099 272,790 212,327 121,998 234,110 0 0 10.26%
SUPPLIES
OFFICE SUPPLIES 4200-000 0 9 0 0 0 ***
MAINTENANCE SUPPLIES 4211-000 2,095 2,300 2,500 402 2,500 0.00%
2,095 2,309 2,500 402 2,500 0 0 0.00%
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 0 360 0 0 0 ***
OTHER CONSULTANTS 4310-000 0 0 800 0 0 (100.00%)
TELEPHONE 4321-000 340 428 250 214 450 80.00%
POSTAGE 4322-000 0 0 0 0 0 ***
TRAVEL & TUITION 4330-000 27 649 2,000 (86) 2,000 0.00%
PRINTING & PUBLISHING 4340-000 907 660 700 0 700 0.00%
NEWSLETTER - PROGRAM SCHEDULE4343-000 12,410 12,742 11,000 6,970 13,000 18.18%
INSURANCE 4360-000 0 0 0 0 0 ***
SUBSCRIPTIONS & DUES 4452-000 1,134 1,004 400 860 1,000 150.00%
14,818 15,843 15,150 7,958 17,150 0 0 13.20%
CONTRACTUAL SERVICES
CONTRACTED SERVICES 4410-000 493 145 0 0 0 ***
493 145 0 0 0 0 0 ***
CAPITAL OUTLAY
EQUIPMENT 5000-000 0 0 0 0 0 ***
0 0 0 0 0 0 0 ***
TOTAL RECREATION 298,505 291,087 229,977 130,358 253,760 0 0 10.34%
CITY OF LINO LAKES
D - 52 9.6.2016 DRAFT
DRAFTOTHERS (101-499)
BUDGET DETAIL
4905-000 Contingency 100,000
4907-000 Contingency - Fire -
4910-000 Operating Transfers 2016 2017 665,800
Street Maintenance - Sealcoating & Overlay (per PMP)514,500 540,800
Capital Equipment Replacement - Fire - 100,000
Office Equipment Replacement 25,000 25,000
Trail System Extensions - -
OTHERS (101-499)
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
CONTINGENCY 4905-000 0 0 50,000 0 100,000 100.00%
CONTINGENCY - FIRE 4907-000 0 0 75,500 0 0 (100.00%)
OPERATING TRANSFERS 4910-000 565,196 590,245 539,500 539,500 665,800 23.41%
TOTAL OTHERS 565,196 590,245 665,000 539,500 765,800 0 0 15.16%
SUMMARY BY CATEGORY
PERSONAL SERVICES 5,586,564 6,042,957 6,709,435 3,534,739 6,978,274 - - 4.01%
SUPPLIES 459,814 381,970 518,650 258,437 488,700 - - (5.77%)
OTHER SERVICES AND CHARGES 1,071,973 1,079,406 1,197,583 622,710 1,311,140 - - 9.48%
CONTRACTUAL SERVICES 1,084,979 1,027,356 711,026 357,562 758,526 - - 6.68%
CAPITAL OUTLAY 48,329 46,822 74,800 21,204 122,014 - - 63.12%
OTHERS 565,196 590,245 665,000 539,500 765,800 - - 15.16%
TOTAL EXPENDITURES 8,816,855 9,168,756 9,876,494 5,334,152 10,424,455 - - 5.55%
CITY OF LINO LAKES
CITY OF LINO LAKES
D - 53 9.6.2016 DRAFT
DRAFTPersonal Facility Contract Capital
Program Revenue Services Supplies Rental Services Outlay Total Net +/-
Adult Instructional (201-201)
801 Aerobics/Fitness 800 600 600 200
813 Other - Adult Inst.- --
830 Adult Golf Lessons 600 400 400 200
Total Adult Instructional 1,400 1,000 - -- - 1,000 400
Adult Leagues (201-202)
839 Adult Softball Summer 3,600 1,135 1,500 2,635 965
840 Adult Softball Fall 1,700 75 700 775 925
842 Adult Open Volleyball 1,600 800 800 800
Total Adult Leagues 6,900 - 1,210 - 3,000 - 4,210 2,690
Youth Instructional (201-207)
802 Dodgeball Camp 550 350 125 475 75
806 Youth T-Ball 6,200 800 700 1,500 4,700
810 Youth Playground 30,000 24,000 8,000 1,000 33,000 (3,000)
811 Youth Safety Camp - 1,200 1,200 (1,200)
812 Youth Day Camp 3,200 2,800 1,500 4,300 (1,100)
821 Youth Dance Classes 1,500 1,500 1,500 -
823 Day Trips 3,000 450 600 3,000 4,050 (1,050)
832 Youth Hockey Skills 225 150 50 200 25
835 Youth Skating Class 650 350 100 450 200
836 Basket Have a Ball 700 400 400 300
851 Youth Golf Lessons 1,800 1,000 800 1,800 -
852 Youth Martial Arts 3,000 3,000 3,000 -
854 Tennis Lessons 3,550 3,300 150 3,450 100
857 Soccer Fundamentals 3,800 2,800 600 3,400 400
861 Sports Camps 6,500 5,900 400 6,300 200
862 Family Performances 400 50 350 400 -
864 Preschool Playtime 2,200 1,400 600 200 2,200 -
866 Toss, Kick & Catch 750 400 350 750 -
870 Soccer Mini-Camp 1,500 700 100 800 700
Total Youth Instructional 69,525 49,050 13,725 350 5,850 200 69,175 350
Youth Leagues (201-208)
856 Youth Soccer 23,500 4,500 7,500 12,000 11,500
Total Youth Leagues 23,500 4,500 7,500 - - - 12,000 11,500
City of Lino Lakes
Recreation Special Revenue Fund (201)
2017 Requested Budget
Expenditures
E - 1 9.6.2016 DRAFT
DRAFTPersonal Facility Contract Capital
Program Revenue Services Supplies Rental Services Outlay Total Net +/-
City of Lino Lakes
Recreation Special Revenue Fund (201)
2017 Requested Budget
Expenditures
Special Events
816 Puppet Shows - 400 350 600 1,350 (1,350)
817 Spring Fling - 200 400 600 (600)
822 Family Corn Roast 2,800 1,000 2,300 1,000 4,300 (1,500)
825 Breakfast w/Santa 800 200 400 200 800 -
826 Sweetheart Dance 250 200 200 50
827 Gobbler Games - 200 350 550 (550)
847 Sports Sampler 700 300 100 400 300
859 Letters from Santa 250 225 225 25
860 Secret Shop 1,600 1,200 1,200 400
868 Little Goblins Party 360 300 300 60
869 Royal Princess Ball 900 200 700 900 -
875 Snow Day - 200 200 (200)
876 Kite Day - 75 150 225 (225)
891 Super Hero Carnival 450 250 250 200
Total Special Events 8,110 2,775 6,925 - 1,800 - 11,500 (3,390)
Senior Programs
814 Senior Programs 1,800 1,800 500 2,300 (500)
890 Senior Trips 16,000 - 5,000 - 11,000 16,000 -
Total Senior Prog 17,800 - 6,800 - 11,000 500 18,300 (500)
GRAND TOTALS 127,235 57,325 36,160 350 21,650 700 116,185 11,050
Transfer to General Fund (10,000)
2017 Program Surplus 1,050
E - 2 9.6.2016 DRAFT
DRAFTDepartment Description Amount
Police (5)Squad Cars & Equipment 144,000
144,000$
Fleet Skid Steer 70,000
ATV 20,000
1 Ton Pickup 52,000
1 Ton Pickup 53,000
1/2 Ton Pickup 30,000
Mower 19,000
Tack Trailer 25,000
Total Fleet 269,000$
Total 413,000$
Equipment Levy -$
Capital Equipment Fund -$
Certificates to be Issued 413,000$
2017 Capital Equipment Replacement
City of Lino Lakes
G- 1
9.6.2016 DRAFT
DRAFTFuture Levy Impact: 2017 Certificates
1%Total w/5%
Principal Interest Total Overlevy Balance
2017 Certificates Issued 413,000
2018 136,000 7,916 143,916 151,112 277,000
2019 138,000 2,770 140,770 147,809 139,000
2020 139,000 1,390 140,390 147,410 0
Totals 413,000 12,077 425,077 446,330
2017 Capital Equipment Replacement
City of Lino Lakes
G- 2 9.6.2016 DRAFT
DRAFTJuly
Account Account Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Number 2014 2015 2016 2016 2017 2017 2017 Decrease
Operating Revenue
Current Assessments 3110-000 0 0 0 325 0 ***
Delinquent Assessments 3120-000 0 174 0 0 0 ***
Penalties & Interest 3150-000 517 297 0 58 0 ***
Water Hook-Up Charge 3248-000 8,250 13,260 11,250 13,260 25,000 122.22%
Water Meter Sales 3406-000 10,808 15,128 12,175 14,348 27,000 121.77%
Interest on Investments 3620-000 38,609 33,166 35,000 0 35,000 0.00%
Change in Fair Value of Investments 3621-000 23,431 (12,245)0 0 0 ***
Miscellaneous Revenue 3714-000 3,133 1,769 0 3,507 2,500 ***
Refunds and Reimbursements 3730-000 0 12,583 0 0 0 ***
Water Sales 3855-000 918,837 955,353 990,000 472,532 990,000 0.00%
Water Penalties 3858-000 24,397 16,743 25,000 11,018 20,000 (20.00%)
Sale of Capital Assets 3910-000 0 0 0 0 ***
Total Operating Revenue 1,027,982 1,036,227 1,073,425 515,047 1,099,500 0 0 2.43%
Other Sources
Use of Reserves 0 0 1,672,015 0 54,086 (96.77%)
Total Other Sources 0 0 1,672,015 0 54,086 0 0 (96.77%)
Total Operating Revenue & Other Sources 1,027,982 1,036,227 2,745,440 515,047 1,153,586 0 0 (57.98%)
CITY OF LINO LAKES
WATER OPERATING FUND (601)
2017 REQUESTED REVENUE BUDGET
H - 1
9.6.2016 DRAFT
DRAFTWater (601)
BUDGET DETAIL
Object Code
4101-000 Salaries 174,282
15% of Director of Public Services 2 @ 50% General Maintenance Worker
15% of Administrative Assistant 50% of Utility Billing Clerk
50% of Utility Supervisor 12.5% of of Accts Pay/Payroll Tech
25% of Office Specialist 15% of Office Specialist
4102-000 Overtime 4,000
4105-000 On-Call 2,600
4106-000 Temporaries 6,000
4200-000 Office Supplies 1,500
Utility billing forms, etc.
4211-000 Maintenance Supplies 40,000
12 new fire hydrants annually, gate valves, etc.
4212-000 Fuels 10,000
4215-000 Meters 60,000
MXU Changeout Program
4222-000 Chemicals 75,000
4240-000 Small Tools 1,500
4300-000 Professional Services 90,000
Monthly Water testing Vac-Jetting
Annual RPZ testing Water Main/Well Repairs
4304-000 Municipal Engineer - General Engineering 25,000
4321-000 Telephone - Cell phones, well houses 3,300
4322-000 Postage - Utility billing and CC Reports 5,000
4330-000 Travel & Tuition 2,000
4340-000 Printing & Publishing 3,000
Consumer Confidence Reports
4360-000 Insurance 7,000
4363-000 Auto Insurance 700
4370-000 Uniforms 600
4381-000 Electricity 80,000
4382-000 Utilities 15,000
Blaine and Shoreview connections
4383-000 Heat 5,000
4410-000 Contracted Services 18,000
Gopher One-Call
4452-000 Subscriptions & Dues 3,000
Cartegraph
4510-000 Depreciation 425,000
Annual depreciation of water infrastructure and equipment
4910-000 Operating Transfers 35,727
1/2 Annual principal, Interest and fees on GO Utility Revenue Bond 2006D
5000-000 Capital Outlay -
CITY OF LINO LAKES
H - 2
9.6.2016 DRAFT
DRAFTWATER (601-494)July
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 140,355 149,521 150,501 87,907 174,282 15.80%
OVERTIME 4102-000 3,019 1,900 4,000 1,554 4,000 0.00%
ON CALL 4105-000 1,748 1,594 2,600 850 2,600 0.00%
TEMPORARIES 4106-000 4,079 6,044 9,000 5,805 6,000 (33.33%)
WELLNESS PROGRAM 4108-000 0 0 360 0 0 (100.00%)
PERA 4121-000 10,404 11,059 11,783 6,719 13,566 15.13%
FICA/MEDICARE 4122-000 10,700 11,512 12,707 6,881 14,296 12.50%
ICMA EMPLOYER 4123-000 750 658 750 0 750 0.00%
PENSION EXPENSE 4125-000 0 1,494 0 0 1,500 ***
HEALTH INSURANCE 4131-000 17,568 15,734 19,848 11,408 24,784 24.87%
LIFE & DISABILITY INSURANCE 4133-000 512 492 621 342 696 12.08%
DENTAL INSURANCE 4134-000 1,142 1,128 1,251 720 1,516 21.18%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 3,228 0 ***
WORKER'S COMPENSATION 4151-000 3,664 3,847 3,792 2,517 3,269 (13.79%)
193,941 204,983 217,213 127,931 247,259 0 0 13.83%
SUPPLIES
OFFICE SUPPLIES 4200-000 1,221 1,605 2,500 25 1,500 (40.00%)
MAINTENANCE SUPPLIES 4211-000 56,984 40,419 40,000 30,253 40,000 0.00%
FUELS 4212-000 10,000 10,000 10,000 0 10,000 0.00%
METERS 4215-000 13,398 26,757 60,000 376,683 60,000 0.00%
SHOP PARTS 4221-000 0 0 0 0 0 ***
CHEMICALS 4222-000 53,865 56,588 105,000 14,265 75,000 (28.57%)
SMALL TOOLS 4240-000 1,313 901 1,500 764 1,500 0.00%
136,781 136,269 219,000 421,991 188,000 0 0 (14.16%)
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 85,646 77,501 90,000 436,276 90,000 0.00%
MUNICIPAL ENGINEER 4304-000 23,532 34,972 25,000 10,171 25,000 0.00%
TELEPHONE 4321-000 1,920 2,706 3,300 1,799 3,300 0.00%
POSTAGE 4322-000 4,791 4,514 6,000 3,244 5,000 (16.67%)
TRAVEL & TUITION 4330-000 363 1,112 2,000 909 2,000 0.00%
PRINTING & PUBLISHING 4340-000 7 0 3,000 2,483 3,000 0.00%
INSURANCE 4360-000 6,087 6,246 7,000 4,141 7,000 0.00%
AUTO INSURANCE 4363-000 617 612 700 399 700 0.00%
UNIFORMS 4370-000 570 526 600 167 600 0.00%
ELECTRICITY 4381-000 61,774 65,663 70,000 29,062 80,000 14.29%
UTILITIES (WATER/SEWER) 4382-000 14,185 16,462 15,000 7,116 15,000 0.00%
HEAT 4383-000 3,280 2,520 10,000 1,937 5,000 (50.00%)
SANITATION 4384-000 0 0 0 0 0 ***
RENTED EQUIPMENT 4415-000 0 0 2,000 0 0 (100.00%)
SUBSCRIPTIONS & DUES 4452-000 830 1,998 2,000 315 3,000 50.00%
203,602 214,832 236,600 498,020 239,600 0 0 1.27%
CONTRACTUAL SERVICES
CONTRACTOR 4400-000 0 0 0 186,750 0 ***
CONTRACTED SERVICES 4410-000 7,426 2,733 13,000 10,039 18,000 38.46%
7,426 2,733 13,000 196,789 18,000 0 0 38.46%
DEPRECIATION
PURCH ASSET DEPRECIATION 4510-000 123,140 836,772 125,000 0 425,000 240.00%
CONTRIB ASSET DEPRECIATION 4520-000 299,534 0 300,000 0 0 (100.00%)
422,674 836,772 425,000 0 425,000 0 0 0.00%
OTHER
OPERATING TRANSFERS 4910-000 35,378 33,417 34,627 0 35,727 3.18%
35,378 33,417 34,627 0 35,727 0 0 3.18%
CAPITAL OUTLAY
EQUIPMENT 5000-000 487 0 1,600,000 0 0 (100.00%)
487 0 1,600,000 0 0 0 0 (100.00%)
TOTAL WATER FUND 1,000,288 1,429,006 2,745,440 1,244,732 1,153,586 0 0 (57.98%)
CITY OF LINO LAKES
H - 3
9.6.2016 DRAFT
DRAFTJuly
Account Account Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Number 2014 2015 2016 2016 2017 2017 2017 Decrease
Operating Revenue
Current Assessments 3110-000 0 0 0 0 0 ***
Delinquent Assessments 3120-000 0 174 0 325 0 ***
Penalties & Interest 3150-000 517 297 0 58 0 ***
Sewer Hook-Up Charge 3249-000 6,885 10,580 9,000 10,620 20,000 122.22%
Interest on Investments 3620-000 57,604 47,918 60,000 0 60,000 0.00%
Change in Fair Value of Investments 3621-000 34,824 (17,672) 0 0 0 ***
Refunds and Reimbursements 3730-000 0 0 0 0 0 ***
Sewer Sales 3856-000 1,523,666 1,593,097 1,574,000 998,446 1,565,000 (0.57%)
Sewer Penalties 3858-000 33,548 17,956 30,000 12,597 22,500 (25.00%)
Total Operating Revenue 1,657,044 1,652,350 1,673,000 1,022,046 1,667,500 0 0 (0.33%)
Other Sources
Use of Reserves 0 0 240,852 0 264,566 9.85%
Total Other Sources 0 0 240,852 0 264,566 0 0 9.85%
Total Operating Revenue & Other Sources 1,657,044 1,652,350 1,913,852 1,022,046 1,932,066 0 0 0.95%
CITY OF LINO LAKES
SEWER OPERATING FUND (602)
2017 REQUESTED REVENUE BUDGET
H - 4
9.6.2016 DRAFT
DRAFTSewer (602-495)
BUDGET DETAIL
Object Code
4101-000 Salaries 174,282
15% of Director of Public Services 2 @ 50% General Maintenance Worker
15% of Administrative Assistant 50% of Utility Billing Clerk
50% of Utility Supervisor 12.5% of of Accts Pay/Payroll Tech
25% of Office Specialist 15% of Office Specialist
4102-000 Overtime 4,000
4105-000 On-Call 2,600
4106-000 Temporaries 6,000
4200-000 Office Supplies 1,500
Utility billing forms, etc.
4211-000 Maintenance Supplies 45,000
Lift station cleaning & maintenance, etc.
4212-000 Fuels 10,000
4240-000 Small Tools 1,500
4300-000 Professional Services 70,000
Sewer main/lift station repairs
4304-000 Municipal Engineer - General Engineering 25,000
4321-000 Telephone - Cell phones, lift stations 1,500
4322-000 Postage - Utility billing 5,000
4330-000 Travel & Tuition 2,000
4340-000 Printing & Publishing 500
4360-000 Insurance 16,000
4363-000 Auto Insurance 700
4370-000 Uniforms 600
4381-000 Electricity 30,000
4382-000 Utilities 15,000
Blaine and Shoreview connections
4383-000 Heat 1,800
4405-000 MCES Charges 921,500
Sewage treatment costs
4410-000 Contracted Services 27,000
Gopher One-Call, Manhole Replacement, Metro I-net
4415-000 Rented Equipment 500
4452-000 Subscription & Dues 3,000
Cartegraph
Depreciation
4510-000 Annual depreciation of sewer infrastructure and equipment 446,000
4910-000 Operating Transfers 35,727
1/2 Annual principal, Interest and fees on GO Utility Revenue Bond 2006D
5000-000 Capital Outlay -
CITY OF LINO LAKES
H - 5
9.6.2016 DRAFT
DRAFTSEWER (602-495)July
Object Actual Actual Budget YTD Requested Preliminary Adopted Increase/
Description Code 2014 2015 2016 2016 2017 2017 2017 Decrease
PERSONAL SERVICES
SALARIES 4101-000 140,355 149,521 150,501 87,907 174,282 15.80%
OVERTIME 4102-000 3,019 1,900 4,000 1,554 4,000 0.00%
ON CALL 4105-000 1,748 1,594 2,600 850 2,600 0.00%
TEMPORARIES 4106-000 4,079 6,044 9,000 5,805 6,000 (33.33%)
WELLNESS PROGRAM 4108-000 0 0 360 0 0 (100.00%)
PERA 4121-000 10,383 11,048 11,783 6,720 13,566 15.13%
FICA/MEDICARE 4122-000 10,679 11,502 12,707 6,882 14,296 12.50%
ICMA EMPLOYER 4123-000 750 658 750 0 750 0.00%
PENSION EXPENSE 4125-000 0 1,493 0 0 1,500 ***
HEALTH INSURANCE 4131-000 17,567 15,733 19,848 11,408 24,784 24.87%
LIFE & DISABILITY INSURANCE 4133-000 513 491 621 342 696 12.08%
DENTAL INSURANCE 4134-000 1,142 1,128 1,251 720 1,516 21.18%
REEMPLOYMENT INSURANCE 4141-000 0 0 0 3,228 0 ***
WORKER'S COMPENSATION 4151-000 6,928 8,234 7,139 4,759 6,777 (5.07%)
197,163 209,346 220,560 130,173 250,767 0 0 13.70%
SUPPLIES
OFFICE SUPPLIES 4200-000 1,221 1,605 2,000 25 1,500 (25.00%)
MAINTENANCE SUPPLIES 4211-000 40,724 16,286 45,000 5,976 45,000 0.00%
FUELS 4212-000 10,000 10,000 10,000 0 10,000 0.00%
SMALL TOOLS 4240-000 1,791 1,254 1,500 792 1,500 0.00%
53,735 29,145 58,500 6,793 58,000 0 0 (0.85%)
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES 4300-000 58,368 73,660 70,000 14,884 70,000 0.00%
MUNICIPAL ENGINEER 4304-000 16,778 33,516 25,000 9,278 25,000 0.00%
TELEPHONE 4321-000 734 1,711 1,500 808 1,500 0.00%
POSTAGE 4322-000 4,697 4,483 6,000 3,241 5,000 (16.67%)
TRAVEL & TUITION 4330-000 0 278 2,000 476 2,000 0.00%
PRINTING & PUBLISHING 4340-000 0 0 500 0 500 0.00%
INSURANCE 4360-000 15,803 18,706 16,000 12,020 16,000 0.00%
AUTO INSURANCE 4363-000 617 610 700 398 700 0.00%
UNIFORMS 4370-000 570 526 600 167 600 0.00%
ELECTRICITY 4381-000 27,050 28,155 35,000 13,870 30,000 (14.29%)
UTILITIES (WATER/SEWER) 4382-000 11,534 11,777 15,000 4,588 15,000 0.00%
HEAT 4383-000 1,579 1,331 1,800 620 1,800 0.00%
RENTED EQUIPMENT 4415-000 0 0 500 0 500 0.00%
SUBSCRIPTIONS & DUES 4452-000 43 1,415 2,000 0 3,000 50.00%
137,774 176,168 176,600 60,350 171,600 0 0 (2.83%)
CONTRACTUAL SERVICES
MCES TREATMENT CHARGES 4405-000 791,580 751,648 877,565 511,913 942,972 7.45%
CONTRACTED SERVICES 4410-000 2,200 19,207 27,000 1,539 27,000 0.00%
793,780 770,855 904,565 513,452 969,972 0 0 7.23%
DEPRECIATION
PURCH ASSET DEPRECIATION 4510-000 18,341 892,427 19,000 0 446,000 2247.37%
CONTRIB ASSET DEPRECIATION 4520-000 426,247 0 427,000 0 0 (100.00%)
444,589 892,427 446,000 0 446,000 0 0 0.00%
OTHER
OPERATING TRANSFERS 4910-000 35,378 33,417 34,627 0 35,727 3.18%
35,378 33,417 34,627 0 35,727 0 0 3.18%
CAPITAL OUTLAY
EQUIPMENT 5000-000 487 0 73,000 0 0 (100.00%)
487 0 73,000 0 0 0 0 (100.00%)
TOTAL SEWER FUND 1,662,905 2,111,358 1,913,852 710,768 1,932,066 0 0 0.95%
CITY OF LINO LAKES
H - 6
9.6.2016 DRAFT