HomeMy WebLinkAbout07-24-2017 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, July 24, 2017
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1. Public Safety Department Quarterly Update
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment - none
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) July 24, 2017 (Check No. 106372 through 106460) in the
amount of $374,757.46
B) Consider Resolution 17-74, Approving Peddler License for The Window Store
C) Consider Resolution 17-75, Approving a Peddler License for Excel Exteriors
D) Consider Resolution 17-73, Authorizing issuance of a 1-4 Day Temporary
On-Sale Liquor License & Special Event Permit for American Legion Post 566
E) Consider Resolution 17-76, Approving Peddler License for Polar Builders, Inc
F) Consider Resolution 17–77, Approving a Peddler License for Turco
Construction
G) Consider Approval of July 5 , 2017 Work Session Minutes
H) Consider Approval of July 10, 2017 Council Meeting Minutes
I) Consider Approval of July 5, 2017 Closed Council Meeting Minutes
Council Member Kusterman absent
Action Taken: Motion by Maher, seconded by Rafferty, to approve
Consent Agenda Items 1A through 1I, was adopted: Kusterman abstained
from voting on Item 1I
Council Agenda -2- July 24, 2017
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Sale of Fire Apparatus, John Swenson
Action Taken: Motion by Rafferty, seconded by Maher, to approve the
sale as recommended, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Saddle Club Third Addition, Katie Larsen
i. Consider Resolution No. 17-39 Approving Final Plat
ii. Consider Resolution No. 17-40 Approving Development Agreement
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
Resolution No. 17-39 as presented, was adopted
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
Resolution No. 17-40 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion to adjourn by Manthey, seconded by Kusterman, was adopted
Community Calendar – A Look Ahead
July 25, 2017 through August 14, 2017
Wednesday, July 26 6:30 pm, Council Chambers Environmental Board
Monday, July 31 6:00 pm, Community Room Work Session - budget
Thursday, August 3 8:00 am, Community Room EDAC
Monday, Aug. 7 6:00 pm, Community Room Council Work Session
Monday, Aug. 7 6:30 pm, Council Chambers Park Board
Monday, August 14 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, July 24, 2017
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1. Public Safety Department Quarterly Update
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) July 24, 2017 (Check No. 106372 through 106460) in the
amount of $374,757.46
B) Consider Resolution 17-74, Approving a Peddler License for The Window
Store
C) Consider Resolution 17-75, Approving a Peddler License for Excel Exteriors
D) Consider Resolution 17-73, Authorizing issuance of a 1-4 Day Temporary
On-Sale Liquor License and Special Event Permit for the American Legion
Post 566
E) Consider Resolution 17-76, Approving a Peddler License for Polar Builders,
Inc.
F) Consider Resolution 17–77, Approving a Peddler License for Turco
Construction
G) Consider Approval of July 5 , 2017 Work Session Minutes
H) Consider Approval of July 10, 2017 Council Meeting Minutes
I) Consider Approval of July 5, 2017 Closed Council Meeting Minutes
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
Council Agenda -2- July 24, 2017
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Sale of Fire Apparatus, John Swenson
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Saddle Club Third Addition, Katie Larsen
i. Consider Resolution No. 17-39 Approving Final Plat
ii. Consider Resolution No. 17-40 Approving Development Agreement
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Community Calendar – A Look Ahead
July 25, 2017 through August 14, 2017
Wednesday, July 26 6:30 pm, Council Chambers Environmental Board
Monday, July 31 6:00 pm, Community Room Work Session - budget
Thursday, August 3 8:00 am, Community Room EDAC
Monday, Aug. 7 6:00 pm, Community Room Council Work Session
Monday, Aug. 7 6:30 pm, Council Chambers Park Board
Monday, August 14 6:00 pm, Community Room Council Work Session
Monday, August 14 6:30 pm, Council Chambers City Council Meeting
WS – Item 1
WORK SESSION STAFF REPORT
Work Session Item 1
Date: July 24, 2017
To: City Council
From: John Swenson, Public Safety Director
Re: Public Safety Update
Background
Staff will be on hand to present 2nd Quarter 2017 Public Safety Update.
Attachments
Q2 2017 Public Safety Update
• Average Response Time (emergency & non-emergency) 4 minutes and 56 seconds.
• 2017 Average response for medicals, 4 minutes and 40 seconds.
• Police staff responded to all 204 medical calls for service (CFS) and POC fire staff responded to
1 medical CFS.
FIRE DIVISION
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 4,508 4,418 - - 8,926
2016 3,950 3,760 4,130 4,481 16,321
CASE NUMBERS GENERATED
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 175 204 - - 379
2016 151 130 170 169 620
2015 134 109 128 128 499
MEDICAL CALLS FOR SERVICE
NFR'S
CODE DESCRIPTION P/FF POC P/FF POC P/FF POC P/FF POC P/FF POC
100 Fire 5 5 9 9 6 6 12 12 14 14
200 Overpressure Explosion, Overheat - No Fire 0 0 0 0 0 0 0 0 0 0
300 Rescue & EMS Incidents 28 21 24 24 15 10 27 20 52 45
400 Hazardous Conditions - No Fire 8 1 13 6 8 3 15 6 21 7
500 Service Call 9 5 12 11 3 1 15 3 21 16
600 Good Intent Call 10 8 4 3 2 0 8 5 14 11
700 False Alarms & False Calls 13 0 14 2 4 1 21 4 27 2
800 Severe Weather & Natural Disaster 0 0 0 0 0 0 0 0 0 0
900 Special Incident Type 0 0 0 0 0 0 0 0 0 0
TOTAL 73 40 76 55 38 21 98 50 149 95
P/FF = Police/Firefighter POC = Paid On Call Firefighters
FIRE DIVISION
Y-to-D 2017Q2 2016
* Please note no medical CFS are included in this table except motor vehicle accidents.
Y-to-D 2016Q2 2017Q1 2017
Lino Lakes Public
Safety Department
QUARTERLY REPORT
2017 Q2
04/01/17 – 06/30/17
POLICE DIVISION
Q1 Q2 Q3 Q4 TOTAL
2017 5 8 - - 13
2016 3 5 - 3 11
Q1 Q2 Q3 Q4 TOTAL
2017 5 3 - - 8
2016 1 2 - 5 8
MUTUAL AID GIVEN
MUTUAL AID RECEIVED
CRIMINAL OFFENSES Qtr 1 Qtr 2 Qtr 2
Part 1 Offenses 2017 2017 2016 2016 2017
Homicide 0 0 0 0 0
Rape 1 1 3 3 2
Robbery 0 0 0 0 0
Aggravated Assault 4 1 1 4 5
Total Violent Crimes 5 2 4 7 7
Burglary 4 8 7 11 12
Larceny 31 36 37 79 67
Auto Theft 0 3 1 2 3
Arson 0 0 0 0 0
Total Property Crimes 35 47 45 92 82
TOTAL PART 1 OFFENSES 40 49 49 99 89
Qtr 1 Qtr 2 Qtr 2
Part 2 Offenses 2017 2017 2016 2016 2017
Other Assault 23 27 11 23 50
Forgery/Counterfeiting 1 1 2 2 2
Fraud 13 15 10 39 28
Embezzlement 0 0 0 0 0
Stolen Property 4 1 1 3 5
Vandalism 11 15 22 44 26
Weapons Violations 3 2 0 4 5
Prostitution 0 0 0 0 0
Other Sex 3 3 1 4 6
Narc Drug Laws 58 36 37 92 94
Gambling 0 0 0 0 0
Family/Children 1 0 3 7 1
DWI 40 37 43 89 77
Liquor Laws 5 8 9 12 13
Disorderly Conduct 13 11 14 26 24
Other 26 28 22 51 54
TOTAL PART 2 OFFENSES 201 184 175 396 385
Year-to-Date
Year-to-Date
ARRESTS Qtr 1 Qtr 2 Qtr 2
Part 1 Arrests 2017 2017 2016 2016 2017
Homicide 0 0 0 0 0
Rape 0 0 0 0 0
Robbery 0 0 0 0 0
Aggravated Assault 4 1 1 4 5
Total Violent Crimes 4 1 1 4 5
Burglary 2 2 0 2 4
Larceny 7 8 6 16 15
Auto Theft 0 2 0 0 2
Arson 0 0 0 0 0
Total Property Crimes 9 12 6 18 21
TOTAL PART 1 ARRESTS 13 13 7 22 26
Qtr 1 Qtr 2 Qtr 2
Part 2 ARRESTS 2017 2017 2016 2016 2017
Other Assault 19 20 8 16 39
Forgery/Counterfeiting 0 1 0 0 1
Fraud 0 0 0 1 0
Embezzlement 0 0 0 0 0
Stolen Property 3 1 1 3 4
Vandalism 5 0 2 3 5
Weapons Violations 2 2 0 3 4
Prostitution 0 0 0 0 0
Other Sex 1 0 0 0 1
Narc Drug Laws 52 34 33 85 86
Gambling 0 0 0 0 0
Family/Children 0 0 2 3 0
DWI 38 37 43 88 75
Liquor Laws 4 8 7 9 12
Disorderly Conduct 5 7 4 9 12
Other 11 19 12 27 30
TOTAL PART 2 ARRESTS 140 129 112 247 269
Year-to-Date
Year-to-Date
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 23 24 - - 47
2016 26 18 17 17 78
2015 11 13 18 20 62
FELONY CASE FILE SUBMISSIONS
Q2 Notable Actions & Events
• On April 6th, staff started the Junior Citizen Academy for 15 middle school students at
Centennial Middle School. Students met once a week after school for one hour over the course of
8 weeks to receive information and demonstrations on fire and police operations.
• From April 27 – 30 the Explorers participated in the State Conference in Rochester, MN. The
Lino Lakes Explorers placed 3rd in Drill Team, 3rd in Airsoft Tactical Training, and 5th place in
the following events 25-yard pistol shoot, bomb scene search, and 5K run.
• Lino Lakes participated in the National Drug Take Back Initiative on Saturday, April 29th.
During the event community members turned in 71.5 pounds of unused medications, which will
be properly disposed.
• On May 6th staff participated in Truck Day at Rice Lake Elementary School with a patrol
vehicle, Aerial 21 and Engine 21.
• On May 13th staff volunteered and constructed new playground equipment at YMCA - Lino
Lakes.
• On Thursday, May 18th the Public Safety Department conducted our annual Volunteer
Appreciation event at Fire Station #2.
• During a Council meeting on May 22, Officer Mat Paulson received the American Legion Police
Officer of the Year Award and Lieutenant Mark Hokkanen received the American Legion
Firefighter of the Year Award. Police Reserve Captain Andy Bennett received an award for 20
years of volunteer service to the Lino Lakes Public Safety Department.
• Aerial 21 was put into service on May 24, 2017. This piece of apparatus is a 2004 E-One Bronto
Skylift with a 114’ articulating platform with a 2000 gallon per minutes pump.
ADMINISTRATION 2017 2017 2016
Category Q1 Q2 Q2 2016 2017
Police Reports 1,131 1,248 1,018 1,991 2,379
Fire Reports 73 77 93 230 150
Background Checks 27 120 197 282 147
Permit to Purchase 51 29 40 129 80
Restraining and Protection Court
Orders 54 51 36 62 106
ACE 132 123 201 500 255
Burn Permits 3 6 1 8 9
Year-to-Date
• On June 7th the Lino Lakes Public Safety Department hosted our annual Night to Unite
Roundtable in preparation for the upcoming Night to Unite that will take place on August 1,
2017.
• On June 19th the Lino Lakes Public Safety Department hosted a “Wills for Heroes” event at Fire
Station #2. This event is sponsored by the Minnesota State Bar Association in appreciation for
the daily sacrifices of firefighters, police officers and other first responders. The program offers
free Wills, Health Care Directives and Financial Powers of Attorney to Minnesota’s first
responders and their spouses.
• Engine 11 and Engine 21 were put into service on June 21, 2017. These pieces of apparatus are
2017 Custom Fire Quick Attack engines with 1250 gallons per minute pumps on 2017 Ford F650
chassis.
• Three members of the Public Safety staff have completed training and are now certified to
perform child seat inspections and vehicle installations. A child seat safety clinic was held on
June 28th. There will be another clinic held in the fall and individual appointments can be made
by scheduling an appointment with a Community Service Officer.
• On Thursday, June 29th the Lino Lakes Public Safety Department participated in a special parade
at the Centennial Middle School.
Lino Lakes Public Safety
One Vision. One Mission.
John Swenson
Public Safety Director
Quarterly Update
Ending 6/30/2017
One Vision. One Mission.
The mission of the Lino Lakes Public Safety Department
is to collaborate with the community to provide:
•a healthy and safe community;
•a focus on prevention;
•a commitment to life safety;
•aggressive pursuit of criminals;
•respectful communication;
•encouragement for volunteerism.
One Vision. One Mission.
Second Quarter Statistics
One Vision. One Mission.
Average Response Time (emergency & non-emergency) 4 minutes, 56 seconds
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 4,508 4,418 - - 8,926
2016 3,950 3,760 4,130 4,481 16,321
CASE NUMBERS GENERATED
One Vision. One Mission.
•Average response for medicals, 4 minutes, 40 seconds
•Police staff responded to all 204 medical calls for service (CFS) and POC fire
staff responded to 1 medical CFS.
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 175 204 - - 379
2016 151 130 170 169 620
2015 134 109 128 128 499
MEDICAL CALLS FOR SERVICE
One Vision. One Mission.
NFR'S
CODE DESCRIPTION P/FF POC P/FF POC P/FF POC P/FF POC P/FF POC
100 Fire 5 5 9 9 6 6 12 12 14 14
200 Overpressure Explosion, Overheat - No Fire 0 0 0 0 0 0 0 0 0 0
300 Rescue & EMS Incidents 28 21 24 24 15 10 27 20 52 45
400 Hazardous Conditions - No Fire 8 1 13 6 8 3 15 6 21 7
500 Service Call 9 5 12 11 3 1 15 3 21 16
600 Good Intent Call 10 8 4 3 2 0 8 5 14 11
700 False Alarms & False Calls 13 0 14 2 4 1 21 4 27 2
800 Severe Weather & Natural Disaster 0 0 0 0 0 0 0 0 0 0
900 Special Incident Type 0 0 0 0 0 0 0 0 0 0
TOTAL 73 40 76 55 38 21 98 50 149 95
P/FF = Police/Firefighter POC = Paid On Call Firefighters
Y-to-D 2016Q2 2017
FIRE DIVISION
Y-to-D 2017Q2 2016
* Please note no medical CFS are included in this table except motor vehicle accidents.
Q1 2017
One Vision. One Mission.
Q1 Q2 Q3 Q4 TOTAL
2017 5 8 - - 13
2016 3 5 - 3 11
Q1 Q2 Q3 Q4 TOTAL
2017 5 3 - - 8
2016 1 2 - 5 8
MUTUAL AID GIVEN
MUTUAL AID RECEIVED
One Vision. One Mission.
CRIMINAL OFFENSES Qtr 1 Qtr 2 Qtr 2
Part 1 Offenses 2017 2017 2016 2016 2017
Homicide 0 0 0 0 0
Rape 1 1 3 3 2
Robbery 0 0 0 0 0
Aggravated Assault 4 1 1 4 5
Total Violent Crimes 5 2 4 7 7
Burglary 4 8 7 11 12
Larceny 31 36 37 79 67
Auto Theft 0 3 1 2 3
Arson 0 0 0 0 0
Total Property Crimes 35 47 45 92 82
TOTAL PART 1 OFFENSES 40 49 49 99 89
Year-to-Date
One Vision. One Mission.
Qtr 1 Qtr 2 Qtr 2
Part 2 Offenses 2017 2017 2016 2016 2017
Other Assault 23 27 11 23 50
Forgery/Counterfeiting 1 1 2 2 2
Fraud 13 15 10 39 28
Embezzlement 0 0 0 0 0
Stolen Property 4 1 1 3 5
Vandalism 11 15 22 44 26
Weapons Violations 3 2 0 4 5
Prostitution 0 0 0 0 0
Other Sex 3 3 1 4 6
Narc Drug Laws 58 36 37 92 94
Gambling 0 0 0 0 0
Family/Children 1 0 3 7 1
DWI 40 37 43 89 77
Liquor Laws 5 8 9 12 13
Disorderly Conduct 13 11 14 26 24
Other 26 28 22 51 54
TOTAL PART 2 OFFENSES 201 184 175 396 385
Year-to-Date
One Vision. One Mission.
ARRESTS Qtr 1 Qtr 2 Qtr 2
Part 1 Arrests 2017 2017 2016 2016 2017
Homicide 0 0 0 0 0
Rape 0 0 0 0 0
Robbery 0 0 0 0 0
Aggravated Assault 4 1 1 4 5
Total Violent Crimes 4 1 1 4 5
Burglary 2 2 0 2 4
Larceny 7 8 6 16 15
Auto Theft 0 2 0 0 2
Arson 0 0 0 0 0
Total Property Crimes 9 12 6 18 21
TOTAL PART 1 ARRESTS 13 13 7 22 26
Year-to-Date
One Vision. One Mission.
Qtr 1 Qtr 2 Qtr 2
Part 2 ARRESTS 2017 2017 2016 2016 2017
Other Assault 19 20 8 16 39
Forgery/Counterfeiting 0 1 0 0 1
Fraud 0 0 0 1 0
Embezzlement 0 0 0 0 0
Stolen Property 3 1 1 3 4
Vandalism 5 0 2 3 5
Weapons Violations 2 2 0 3 4
Prostitution 0 0 0 0 0
Other Sex 1 0 0 0 1
Narc Drug Laws 52 34 33 85 86
Gambling 0 0 0 0 0
Family/Children 0 0 2 3 0
DWI 38 37 43 88 75
Liquor Laws 4 8 7 9 12
Disorderly Conduct 5 7 4 9 12
Other 11 19 12 27 30
TOTAL PART 2 ARRESTS 140 129 112 247 269
Year-to-Date
One Vision. One Mission.
YEAR Q1 Q2 Q3 Q4 TOTAL
2017 23 24 - - 47
2016 26 18 17 17 78
2015 11 13 18 20 62
FELONY CASE FILE SUBMISSIONS
ADMINISTRATION 2017 2017 2016
Category Q1 Q2 Q2 2016 2017
Police Reports 1,131 1,248 1,018 1,991 2,379
Fire Reports 73 77 93 230 150
Background Checks 27 120 197 282 147
Permit to Purchase 51 29 40 129 80
Restraining and Protection Court
Orders 54 51 36 62 106
ACE 132 123 201 500 255
Burn Permits 3 6 1 8 9
Year-to-Date
One Vision. One Mission.
2nd Quarter Notable Events
Shannon Granholm I Quad Press
One Vision. One Mission.
•On April 6th, staff started the Junior Citizen Academy for 15 middle school students at Centennial Middle
School. Students met once a week after school for one hour over the course of 8 weeks to receive information
and demonstrations on fire and police operations.
•From April 27 –30 the Explorers participated in the State Conference in Rochester, MN. The Lino Lakes
Explorers placed 3rd in Drill Team, 3rd in Airsoft Tactical Training, and 5th place in the following events 25-
yard pistol shoot, bomb scene search, and 5K run.
•Lino Lakes participated in the National Drug Take Back Initiative on Saturday, April 29th. During the event
community members turned in 71.5 pounds of unused medications, which will be properly disposed.
•On May 6th staff participated in Truck Day at Rice Lake Elementary School with a patrol vehicle, Aerial 21
and Engine 21.
•On May 13th staff volunteered and constructed new playground equipment at YMCA -Lino Lakes.
•On Thursday, May 18th the Public Safety Department conducted our annual Volunteer Appreciation event at
Fire Station #2.
•During a Council meeting on May 22, Officer Mat Paulson received the American Legion Police Officer of
the Year Award and Lieutenant Mark Hokkanen received the American Legion Firefighter of the Year Award.
Police Reserve Captain Andy Bennett received an award for 20 years of volunteer service to the Lino Lakes
Public Safety Department.
Q2 Notable Department Actions
One Vision. One Mission.
•Aerial 21 was put into service on May 24, 2017. This
piece of apparatus is a 2004 E-One Bronto Skylift with a
114’ articulating platform with a 2000 gallon per minutes
pump.
•On June 7th the Lino Lakes Public Safety Department
hosted our annual Night to Unite Roundtable in
preparation for the upcoming Night to Unite that will take
place on August 1, 2017.
•On June 19th the Lino Lakes Public Safety Department
hosted a “Wills for Heroes” event at Fire Station #2. This
event is sponsored by the Minnesota State Bar Association
in appreciation for the daily sacrifices of firefighters,
police officers and other first responders. The program
offers free Wills, Health Care Directives and Financial
Powers of Attorney to Minnesota’s first responders and
their spouses.
Q2 Notable Department Actions –Continued
One Vision. One Mission.
•Engine 11 and Engine 21 were put into service on June
21, 2017. These pieces of apparatus are 2017 Custom
Fire Quick Attack engines with 1250 gallons per minute
pumps on 2017 Ford F650 chassis. Three members of the
Public Safety staff have completed training and are now
certified to perform child seat inspections and vehicle
installations. A child seat safety clinic was held on
•June 28th. There will be another clinic held in the fall and
individual appointments can be made by scheduling an
appointment with a Community Service Officer.
•On Thursday, June 29th the Lino Lakes Public Safety
Department participated in a special parade at the
Centennial Middle School.
Q2 Notable Department Actions –Continued
One Vision. One Mission.
2017 Areas of Focus:
•Expand fire prevention programs
•Research body worn camera technology
•Re-institute the Public Safety Citizen’s Academy
•Continue training all police staff on crisis intervention
and de-escalation techniques
•Plan and build out training mezzanine at Fire Station 2
CITY COUNCIL
AGENDA ITEM 1B
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: July 24, 2017
TOPIC: Resolution No. 17-74, Approving a Peddler License for
The Window Store
VOTE REQUIRED: 3/5
BACKGROUND
The Window Store, 2924 Anthony Lane, Minneapolis, Minnesota has submitted a
peddler’s license application to the city clerk's office. The company representatives who
will be working in Lino Lakes are Nicholas Fox, Alan Wagner, Steven Paz and Riley
Havlicek. The group plans to travel through the Lino Lakes’ neighborhoods setting up
appointments for free estimates.
The City has received all the necessary forms required to issue this company a license.
The Lino Lakes Public Safety Department has performed background checks and
indicated no reason to deny the application.
The application and all other required information is on file in the city clerk's office for
review.
RECOMMENDATION
Approve Resolution No. 17-74, Approving the issuance of a peddler license for The
Window Store for a six month period commencing July 25, 2017.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 17-74
APPROVING A PEDDLER LICENSE FOR THE WINDOW STORE
WHEREAS, The Window Store., has submitted a peddlers license application to the city
clerk's office; and
WHEREAS, The Window Store has complied with all of the provisions of Chapter 613 of the
Lino Lakes City Code for obtaining the necessary license for a for-profit business; and
WHEREAS, a background check on the company representatives who will be working in Lino
Lakes have been completed by the Public Safety Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
Nicholas Fox, Alan Wagner, Steven Paz and Riley Havlicek of The Window Store, are hereby
authorized to vend for a period of six-months beginning July 25, 2017 and ending January 25,
2017.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 1C
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: July 24, 2017
TOPIC: Resolution No. 17-75, Approving a Peddler License for
Excel Exteriors
VOTE REQUIRED: 3/5
BACKGROUND
Excel Exteriors, 6230 10th Street North, Oakdale, Minnesota has submitted a peddler’s
license application to the city clerk's office. The company representatives who will be
working in Lino Lakes are Timothy Skalsky, Roman Morales, Robert Mcabee, Patrick
Prokisch and Zachary Robinette. The group plans to travel through the Lino Lakes’
neighborhoods setting up appointments for free estimates.
The City has received all the necessary forms required to issue this company a license.
The Lino Lakes Public Safety Department has performed background checks and
indicated no reason to deny the application.
The application and all other required information is on file in the city clerk's office for
review.
RECOMMENDATION
Approve Resolution No. 17-75, Approving the issuance of a peddler license for Excel
Exteriors for a six month period commencing July 25, 2017.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 17-75
APPROVING A PEDDLER LICENSE FOR EXCEL EXTERIORS
WHEREAS, Excel Exteriors has submitted a peddlers license application to the city clerk's
office; and
WHEREAS, Excel Exteriors has complied with all of the provisions of Chapter 613 of the Lino
Lakes City Code for obtaining the necessary license for a for-profit business; and
WHEREAS, a background check on the company representatives who will be working in Lino
Lakes have been completed by the Public Safety Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
Timothy Skalsky, Roman Morales, Robert Mcabee, Patrick Prokisch and Zachary Robinette of
Excel Exteriors are hereby authorized to vend for a period of six-months beginning July 25, 2017
and ending January 25, 2017.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: July 24, 2017
TOPIC: Consider Resolution No. 17-73, Approving an Application
for a Temporary On-Sale Liquor License and a Special
Event Permit during Blue Heron Days for the American
Legion Post 566
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
BACKGROUND:
American Legion Post 566 has applied for a Temporary On-Sale Liquor License and a
Special Event Permit during the Blue Heron Days Festival, August 18th - 20th.
The American Legion will be fencing off a portion of their property on the south side of
their building. The Minnesota Alcohol and Gambling Enforcement Division requires a 1
– 4 Day Temporary On- Sale Liquor License to allow the consumption of alcohol in this
outdoor area. The applicant is required to submit their request to the City for local
approval before the application is submitted to the state for final consideration.
The Legion has submitted to the City an application for a Special Event. The
applications have been reviewed by staff, including the public safety departments, and the
applicant has been provided with a list of safety conditions. The applicant has agreed to
comply with the conditions and to address any other safety considerations that may arise.
Therefore, staff is presenting for city council consideration a resolution authorizing the
issuance of a Temporary On-Sale Liquor License and a Special Event Permit for the
American Legion Post 566.
RECOMMENDATION:
Approve Resolution No. 17-73 authorizing issuance of a 1-4 Day Temporary On- Sale
Liquor License and a Special Event Permit during Blue Heron Days for the American
Legion Post 566.
CITY OF LINO LAKES
RESOLUTION NO. 17-73
AUTHORIZING A TEMPORARY ON-SALE LIQUOR LICENSE AND A SPECIAL
EVENT PERMIT DURING THE ANNUAL BLUE HERON DAYS FESTIVAL FOR AN
EVENT HELD AT THE AMERICAN LEGION POST 566 ON AUGUST 18, 19 & 20,
2017
WHERAS, the Commander of American Legion Post 566 has submitted an application for a
special event permit; and
WHERAS, the event plan includes live music from 4:00 p.m. to 8:00 p.m. on Friday and a
picnic BBQ, dunk tank and a live music from 2:00 p.m. until 6:00 p.m. on Saturday.
WHERAS, the Legion has indicated that all patrons or members attending the event will receive
a proper identification check to ensure no underage alcohol service will occur; and
WHERAS, the Public Safety Department has reviewed plans for the event which includes
erecting a canopy. The Public Safety Department has provided conditions for the permit and will
inspect the area for safety as the site is assembled; and
WHERAS, the Public Safety Department has reviewed the application and event plans; and
WHERAS, proof of general liability insurance has been submitted by the American Legion to
cover all events held on their property as well as the event held on city property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council authorizes issuance of a Special Event Permit to the American Legion Post
566 for their events scheduled on August 18, 19 & 20, 2017, with the conditions attached hereto.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member _____________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
Conditions to Special Event Permit
Blue Heron Days Family Picnic, August 18, 19 & 20, 2017
American Legion Post 566
Attachment to Resolution No. 17-73
1. All exits within the tent/canopy and the business shall be unobstructed (clear), properly
identified, and operational at all times. No locking devices shall be in the “locked
“position while the structures are occupied.
2. American Legion’s security representative shall contact Deputy Director of the Police
Division Kyle Leibel at the Lino Lakes Public Safety Department prior to the event.
3. “No smoking” signs shall be posted and clearly visible within the tent/canopy area.
4. A 20-foot separation from property lines and structures shall be maintained around the
tent/canopy areas.
5. All areas where cooking will take place shall have at least one 5# ABC dry chemical fire
extinguisher within 30 feet of the cooking device. Deep frying areas require a class “K”
extinguisher as well.
6. The temporary food license permit will be obtained from the Anoka County
Environmental Services at 763-422-7063.
7. The tent/canopy shall be properly labeled to show that it has a flame-resistive rating
according to national codes.
8. Electrical equipment shall be properly connected and grounded according to the State of
Minnesota Electrical Code. Permits from the state and/or city are required for temporary
service.
9. The occupant load within the restaurant shall be enforced so that the structure is not over
crowded.
10. The owner/operator is responsible for all permits that may be required.
11. All trash and cans from festivities shall be cleaned up by the next morning.
12. A first aid plan shall be in place. Identify a specific person who will call 911 and assure
the EMS system has been started. This person would be a “Safety Coordinator.” Lino
Lakes Public Safety Fire Station #1 is not staffed on the weekend.
CITY COUNCIL
AGENDA ITEM 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: July 24, 2017
TOPIC: Resolution No. 17-76, Approving a Peddler License for
Polar Builders Inc.
VOTE REQUIRED: 3/5
BACKGROUND
Polar Builders, Inc., 1103 West Burnsville Parkway, Burnsville, Minnesota has submitted
a peddler’s license application to the city clerk's office. The company representative who
will be working in Lino Lakes is Mateo Regan. He plans to travel through the Lino
Lakes’ neighborhoods setting up appointments for free estimates.
The City has received all the necessary forms required to issue this company a license.
This license is contingent upon the background check from the Lino Lakes Public Safety
Department. If there is no reason to deny indicated when received, the license will be
issued.
The application and all other required information is on file in the city clerk's office for
review.
RECOMMENDATION
Approve Resolution No. 17-76, Approving the issuance of a peddler license for Polar
Builders, Inc. for a six month period.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 17-76
APPROVING A PEDDLER LICENSE FOR POLAR BUILDERS INC.
WHEREAS, Polar Builders Inc., has submitted a peddlers license application to the city clerk's
office; and
WHEREAS, Polar Builders Inc., has complied with all of the provisions of Chapter 613 of the
Lino Lakes City Code for obtaining the necessary license for a for-profit business; and
WHEREAS, a background check on the company representatives who will be working in Lino
Lakes have been completed by the Public Safety Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
Mateo Regan of Polar Builders Inc., is hereby authorized to vend for a period of six-months
beginning July 25, 2017 and ending January 25, 2017.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 1F
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: July 24, 2017
TOPIC: Resolution No. 17-77, Approving a Peddler License for
Turco Construction
VOTE REQUIRED: 3/5
BACKGROUND
Turco Construction, 8251 Main Street NE, Suite 102, Fridley, Minnesota has submitted a
peddler’s license application to the city clerk's office. The company representatives who
will be working in Lino Lakes are Dalton Thomas and Dustin Poe. The group plans to
travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates.
The City has received all the necessary forms required to issue this company a license.
This permit is contingent upon the background check from the Lino Lakes Public Safety
Department. If there is no reason to deny indicated when received, the license will be
issued.
The application and all other required information is on file in the city clerk's office for
review.
RECOMMENDATION
Approve Resolution No. 17-77, Approving the issuance of a peddler license for Turco
Construction for a six month period.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 17-77
APPROVING A PEDDLER LICENSE FOR TURCO CONSTRUCTION
WHEREAS, Turco Construction has submitted a peddlers license application to the city clerk's
office; and
WHEREAS, Turco Construction has complied with all of the provisions of Chapter 613 of the
Lino Lakes City Code for obtaining the necessary license for a for-profit business; and
WHEREAS, a background check on the company representatives who will be working in Lino
Lakes have been completed by the Public Safety Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
Dustin Poe and Dalton Thomas of Turco Construction are hereby authorized to vend for a period
of six-months beginning July 25, 2017 and ending January 25, 2017.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 5, 2017 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 9:30 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7
Maher, Manthey and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11
Swenson; Community Development Director Grochala; Finance Director Sarah Cotton; 12
Public Services Director DeGardner; City Planner Katie Larsen; City Clerk Julie Bartell 13
1) Council Chambers Audio/Visual Upgrades – Administrator Karlson recalled the 14
work underway to plan and implement an upgrade to the council chambers audio/visual 15
system. He anticipates at least two bids on the specifications authorized by the council. 16
He introduced Matt Waldron from North Metro Telecommunications. Mr. Karlson 17
added an explanation of new information on a proposal by Z Systems for a design build 18
option. He reviewed the project proposed and information included in his report. The 19
goal is to try and keep the project under $150,000 and that looks plausible. 20
21
Matt Waldron provided information based on his research and expertise. He highlighted 22
Ross Lightning Control System. The system is based on a single computer without the 23
many components. He reviewed a written summary of the information he has provided. 24
25
Council Member Kusterman asked what has led to the design recommendations and Mr. 26
Waldron indicated that much of the layout will remain as is but the control room design 27
will be the major change. Council Member Kusterman said he’s interested in 28
understanding what the city is getting for “redesign” work. Mr. Waldron explained the 29
basic elements of the redesign, including new and one additional camera, cables, a basic 30
gutting of the control room and installation new equipment, and an improved audio 31
system. 32
33
Administrator Karlson remarked that Z Systems, with their proposal to design build and 34
avoid a bidding situation, is working aggressively to get the city’s business and he’s 35
pleased with the cost proposed. He added that the work will pretty much be exclusive to 36
audio/visual. There has been interest in moving the podium to the side to address both 37
the council and audience however that would be a difficult change that is probably cost 38
prohibitive. 39
40
Mayor Reinert remarked that he’s long been concerned about the archaic look of the city 41
cable channel and he wonders about the progress of that improvement. Mr. Waldron 42
explained the technical side of upgrades at North Metro that will all for full HD 43
broadcast. Administrator Karlson explained that City staff is working with the North 44
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
2
Metro TV’s new producer on updated programming for the channel as well. Mayor 45
Reinert suggested that there needs to be a regular review of that channel by staff to ensure 46
it remains pertinent. Mr. Waldron suggested that staff could have regular meetings with 47
the new producer. 48
49
Council Member Rafferty discussed his concern about a very small bid pool for the 50
project; he’d like to see the quality that comes from competition and options. Mr. 51
Waldron remarked that the availability of companies to do this type of work and do it 52
well is limited and that is represented in the number of bids. 53
54
Mayor Reinert asked if the city will be obligated to accept the low bid. Administrator 55
Karlson said not if the city doesn’t feel it is the right bid. Mayor Reinert suggested that 56
the council will see the results of the bid process in a couple of months. Council 57
Member Manthey suggested that the city must be fair from the onset about what is 58
requested so that bidding is a fair process. 59
60
Council Member Rafferty asked what is proposed for the little televisions currently on the 61
dais and Mr. Karlson explained that the units would be updated and still within the well. 62
63
Staff will proceed to go out for bids on the equipment and installation for the project. 64
2) Investment Portfolio Review – Finance Director Cotton introduced Lynn Cornwell 65
with Wells Fargo Securities. Ms. Cotton recalled that the council asked for more review 66
of city investments as part of the recent audit reports. 67
68
Ms. Cornwell provided information on her bio. She specializes in working with city 69
governments and school districts. They worked with the city’s previous finance officer 70
Al Rolek previous to Sarah Cotton. She sees pretty much the same objectives as she 71
works with local governments; safety of investments is generally the number one priority 72
(noting statutory limitations). Ms. Cotton then explained her cash flow tracking process, 73
something she set up by the month which provides information can be used to determine 74
what is available for investment. 75
76
Council Member Kusterman asked if there is a difference between the designated and 77
restricted funds. He has reviewed the law thoroughly and he doesn’t see anything that 78
would preclude use of funds in a non-investment manner such as loaning funds to 79
ourselves. Ms. Cotton explained that inter-fund loans are allowed but there must be a 80
policy approved and attached to any transaction of that type. Ms. Cornwell noted that 81
she doesn’t know the details but knows that the City of Bloomington bought their own 82
bonds. Ms. Cornwell also briefly explained a new concept of direct lending from the 83
bank, avoiding the financial adviser and the rating elements; it’s something much more 84
common in other states. The point being that there are a lot of options and the city should 85
explore them all. 86
87
Mayor Reinert mentioned investment policy and liquidity. Ms. Cornwell suggested that 88
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
3
the city’s investment policy is old and should be updated. On the matter of liquidity, she 89
sees it’s different with each city but the liquidity has become more expensive to the city 90
with interest rates rising. 91
92
Mayor Reinert asked about yield; he understands the safety element but wonders if there 93
can be a policy of the council requiring a higher yield (with safety in mind, but not 94
costing the city money). Ms. Cornwell said the city cannot set such a goal; it is not 95
feasible. 96
97
Ms. Cornwell reviewed the written report, including information on: 98
- the Trump bump is leveling off and is now resulting in a drop in the market; 99
- current market yields (with statute in mind) that dictates what bonds can be bought; 100
specifically noted was commercial paper not being viable; 101
- transaction fees were reviewed for the different types of offerings; 102
- commissions (can be double fees without direct bank access); 103
- the Wells Fargo group provides extra services and analytical services; 104
- portfolio history and book yield was noted (the city is a third above pier cities); 105
- duration and convexity. 106
107
Mayor Reinert asked what the city can do for a higher yield. Ms. Cornwall remarked that 108
a two percent goal is unrealistic under current law and Ms. Cotton suggested a special 109
bench marking exercise may be more fitting. 110
111
Mayor Reinert asked who is making investment decisions for the city and Director Cotton 112
said she makes the decisions using the city’s existing policy and investments. 113
114
Mayor Reinert remarked that this is the best and most comprehensive information the 115
council has received on this topic and he is thankful. 116
117
The council recessed briefly to step outside city hall to view fire department equipment. 118
119
3) Sale of Fire Apparatus - Public Safety Director Swenson showed photos indicating 120
how the new equipment will better reach residential properties. 121
122
Director Swenson noted that, with the new equipment, the city has a decision about sale 123
of equipment. He is recommending retention of Aerial 11, so that both sides of the city 124
will have aerial equipment, provide redundancy with that service, and in consideration of 125
repairs that the city has invested in the equipment. He recommends sale of the two 1992 126
engine vehicles through a company that specializes in trading fire apparatus. They 127
estimate a sale price of $40,000 to $50,000 with a commission expected to the company 128
if they locate the buyer. The mayor reviewed what the city paid for those trucks and the 129
possible gain/loss to the city. Director Swenson added that the longer the city hangs onto 130
the equipment, the less it is worth due to the certification requirement. Staff is asking if 131
the council is comfortable with the proposal to work with the trading company. 132
133
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
4
Council Member Rafferty recalled the department’s early recommendation on the 134
purchase from Woodbury and asked if those trucks were intended for training from the 135
onset? Director Swenson recalled the development of the need for training. Mayor 136
Reinert said he’s comfortable with the fact that the equipment has served a purpose and 137
may provide revenue to the city. 138
139
Director Swenson said he would proceed with working with the Brinlee Mountain 140
Company on the marketing of the equipment. Mayor Reinert directed staff to try and 141
make as much off the trucks as possible. Council Member Manthey asked if there is 142
time to work the market and Director Swenson said it’s tied to the timing of the 143
requirement for recertification. 144
145
Director Swenson also received council concurrence on donating some hard suction host 146
that is no longer useful to the city. It was agreed that the equipment would be donated to 147
the Centennial Fire District. He will bring the matter to the council for official 148
authorization. 149
4) Public Works Facility Audit Payment and Proposal for Additional Architectural 150
Services - Public Services Director DeGardner reviewed his written staff report, 151
including the history of this project to date. 152
153
Mayor Reinert remarked that the council wants to receive the information that they paid 154
for. The work received didn’t include what was specifically requested. Now the 155
council is receiving this (representing the work originally requested) with a request to be 156
paid for the “additional” work. He suggests that the council work session recording of 157
previous council consideration will tell the tale. He clarified that he has stated in a 158
previous meeting that he isn’t interested in new buildings. He sees the goal as getting the 159
city’s equipment out of the weather. He didn’t see anything representing that option 160
brought back. 161
162
Council Member Manthey said he recalls the three options brought forward and actually 163
that was what he expected. He would like to see additional information but he doesn’t 164
necessarily recall that request. He recalls discussion about what the city will need 165
looking ahead to the future. 166
167
Mayor Reinert suggested that providing only three $12 million options isn’t what he 168
wanted and isn’t appropriate. This is the difference between a want and a need – the 169
need being to get equipment out of the weather and repair the public works building. 170
171
Council Member Kusterman suggested that he got what he expected, not to say that he’s 172
interested in spending that much money. 173
174
Mayor Reinert said he recalls specifically his request and he feels it was ignored. He 175
doesn’t think that the bill should be paid until the job is finished. 176
177
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
5
Council Member Maher suggested that the council voted and approved a resolution that 178
authorizes what came forward. Mayor Reinert suggested then that, to be clear, the 179
council will have to have every element of their discussion included in what they vote on 180
in the future. 181
182
Council Member Kusterman noted that the council’s discussion included a request for an 183
itemization so they could look at what is really needed. 184
185
Director DeGardner remarked that he believes Mr. Hutson of CNH Architects thinks he 186
provided what he was asked to. Mr. DeGardner added that by keeping a shell and 187
attempting to retrofit the existing facility was probably not a level of improvement that 188
was considered. Mr. DeGardner said he can inform Mr. Hutson that the city doesn’t 189
want to pay the remainder of the bill based on this discussion. Mayor Reinert added that 190
the job wasn’t done as requested. He should finish the job with what he was paid or the 191
city can get someone else. 192
193
Council Member Maher said she hasn’t listened to the tape to confirm what was said. 194
195
Council Member Kusterman suggested that the mayor seems to want the council to listen 196
to the tape to confirm the direction. 197
198
Council Member Rafferty recalled that he wasn’t interested in spending a huge sum of 199
money at this point although he knows eventually facilities have to be upgraded. He does 200
see that Mr. Hutson tried to basically break things down in his report; perhaps Mr. Hutson 201
may have seen that it didn’t make sense in his mind to not move to a new facility. 202
Council Member Rafferty said he doesn’t see the need to withhold payment of the bill. 203
204
Mayor Reinert said he’d be willing to let go of the issue of payment of the bill but he 205
won’t be willing to work with that company again. He’d like to see three contractors 206
brought in to view the current facility and hear what they could do to update that facility. 207
208
Council Member Manthey suggested that the process of discussion now is a good thing; 209
he always anticipated that there would be more council discussion to decide on the best 210
option for this city. He feels the council has to be very clear on the information they 211
want to receive. He thinks part of the discussion are things like bringing in water and 212
sewer and thinking ahead to needs in the future. 213
214
Council Member Rafferty suggested that even a contractor has to understand what is 215
being asked and that type of information isn’t prepared. 216
217
Mayor Reinert asked, for the $12,000 that this company will be paid, will there be value 218
to the city in the future. Council Member Rafferty said he believes so. 219
220
The council concurred that the payment will be added to the next council agenda for their 221
consideration (as an item separate from the expenditure list). Staff was directed to look at 222
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
6
alternative options to get information from contractors or architects who specialist in 223
remodeling. 224
4.5) New Facility Rental Charges Impacting Recreation Department – Rick 225
DeGardner and Brian Hronski were present. Director DeGardner reviewed his written 226
report outlining charges for facility use that have been instituted by Centennial School 227
District (CSD). He reviewed the fall 2016 programs offered by the city and how the 228
revenue for those programs will not cover the costs of facility rental and result in a 229
significant deficit situation for the department. He reported that staff has attempted to 230
work this out with CSD but they are firm in their determination to charge the fees. The 231
department has worked hard to move what programs they can to city facilities or other 232
non-charge sites; some programs may have to be discontinued. He identifies two 233
scenarios within the staff report to deal with the situation – either challenge the 234
Recreation Supervisors to come up with solutions, or let certain programs go and hope 235
that the school district picks up on those activities and with that a loss of a recreation staff 236
position. 237
238
Mayor Reinert suggested that there’s been a deterioration in the relationship between the 239
city and the school district in areas such as this and he fears it is mostly on their side. He 240
recalled ways that the city has worked with the district to assist. He suggested that there 241
are ways to charges back city costs to the district. He’d like to see if CSD would 242
reconsider. 243
244
Council Member Manthey asked if the school board members are aware and supportive 245
of this action. Mayor Reinert said he would write a letter to the superintendent and copy 246
the school board members; he’d rather unwind this before having to look at charging 247
back. 248
249
Director DeGardner remarked that the youth sports organizations have been given a 250
higher priority and as a result an exemption from the use fees. This would be a big 251
impact to the department and he can state that they have tried to work this out with his 252
contemporaries but that hasn’t worked. He is really faced with a “what do we do for this 253
fall” and he is recommending the direction to staff to work on solutions. 254
255
Mayor Reinert asked that staff help him with a letter to the Superintendent, copied to the 256
school board members and perhaps a visit to the next school board meeting. 257
258
Council Member Kusterman said he is frustrated especially because he would like to see 259
more budgetary consideration to providing even more recreation opportunities. He 260
agrees with going to the school hierarchy to attempt to work this out. 261
262
The council directed staff to proceed with their recommended option one, including the 263
change to the $10,000 contribution. 264
CITY COUNCIL WORK SESSION July 5, 2017
DRAFT
7
5) Peddler/Solicitor License Process – City Clerk Bartell reviewed the written report 265
outlining the licensing process and enforcement activities. Staff was directed to keep the 266
city’s list of licensed peddlers/solicitors posted on the city website so that residents can 267
check at any time on who is holding a valid license. 268
6) Council Updates on Boards/Commissions, City Council – There were no updates. 269
7) Monthly Progress Report – Administrator Karlson reviewed the written report. 270
- Digital Scanning Project – Council directed staff to report back with an update 271
that includes the project scope, progress to date, and expectations for the future; 272
- Location of Veteran’s Memorial – Council Member Rafferty is working with his 273
father on a vision, including looking at other memorials; community involvement and 274
comments period anticipated in the future; 275
- Channel 16 Upgrade – Labor Day switch over; 276
- Arlo Lane Stop Sign – Director Grochala reported that they have done additional 277
counts and with WSB will be reporting back, most likely in August; 278
- Culvert Maintenance ACD – Director Grochala reported that the culvert was 279
cleared and is functioning; environmental staff is checking the situation regularly. 280
281
Mayor Reinert noted that there have been some questions related to a tennis court on the 282
north end of the city. He understands there is discussion about the future of that facility. 283
Some not too recent survey results regarding tennis court use were noted. Director 284
DeGardner indicated that staff will be handling the removal and officials will make the 285
decision on replacement and/or location. 286
8) Review Regular Agenda – The agenda items were reviewed and there were no 287
changes to note. 288
289
The meeting was adjourned at 9:30 p.m. 290
291
These minutes were considered, corrected and approved at the regular Council meeting held on 292
July 24, 2017. 293
294
295
296
297
Julianne Bartell, City Clerk Jeff Reinert, Mayor 298
299
COUNCIL MINUTES July 10, 2017
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 10, 2017 4
TIME STARTED : 6:30 p.m. 5
TIME ENDED : 8:10 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 7
Manthey, and Mayor Reinert 8
MEMBERS ABSENT : none 9
10
Staff members present: City Administrator Jeff Karlson; Director of Public Safety John Swenson; 11
City Planner Katie Larsen; City Engineer Diane Hankee; and City Clerk Julie Bartell 12
13
There was a moment of silence in honor of Public Works employee David Lichtscheidl, who passed 14
away on July 9. The Mayor and Administrator Karlson offered condolences and gratitude for the fine 15
work provided by Mr. Lichtscheidl. 16
17
PUBLIC COMMENT 18
19
No one was present to address the council regarding a matter not on the agenda. 20
21
SETTING THE AGENDA 22
23
The agenda was approved as presented. 24
25
SPECIAL PRESENTATION 26
27
The 2017 Lino Lakes Ambassadors and 2018 Ambassador candidates introduced themselves to the 28
council and presented a parade award for display at city hall. 29
30
CONSENT AGENDA 31
32
Council Member Maher noted her concern that Aspen Contracting (Item 1H) has been aggressively 33
soliciting business door-to-door, apparently without a license. City Clerk Bartell said that staff will 34
make note of the situation in the license file for future license consideration. 35
36
Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1H, as presented. 37
Council Member Maher seconded the motion. Motion carried on a voice vote. 38
39
ITEM ACTION 40
Consideration of Expenditures: 41
42
June 26, 2017 (Check No. 106046 – 43
106286, $762,219.83) Approved 44
45
COUNCIL MINUTES July 10, 2017
2
July 10, 2017 (Check No. 106287 – 46
106371, $287,182.93) Approved 47
48
June 26, 2017 Council Work Session Minutes Approved 49
50
June 26, 2017 City Council Meeting Minutes Approved 51
52
Resolution No. 17-69, Approving a Pedder License 53
(Heartland Roofing and Siding) Approved 54
55
Resolution No. 17-70, Approving a Pedder License 56
(Pro 1 Construction Roofing and Siding) Approved 57
58
Consideration of Not Waiving Monetary Limits on Tort 59
Liability Per MN Statute 466.04 Approved 60
61
June 26, 2017 Special Council Session Minutes Approved 62
63
Resolution No. 17-71, Approving a Pedder License 64
(Aspen Contacting) Approved 65
66
FINANCE DEPARTMENT REPORT 67
68
There was no report from the Finance Department. 69
70
ADMINISTRATION DEPARTMENT REPORT 71
72
3A) Consider Approval of 2018 North Metro Telecommunications Commission Budget – 73
Administrator Karlson explained that the council is being asked to approve this budget as it comes 74
forward from the Commission. The increase included is entirely tied to legal expenses related to 75
franchise renewal. He also reviewed capital costs proposed, tied to bonding that financed the 76
installation of HD equipment for the entire system. He anticipates an increase in franchise fees 77
which will impact what the city receives in revenue. 78
Mayor Reinert asked the term of the franchise agreement. Administrator Karlson said he anticipates 79
it will be ten years. 80
Council Member Maher moved to approve the budget as presented. Council Member Rafferty 81
seconded the motion. Motion carried on a voice vote. 82
3B) Consider Appointment of Recycling Intern – City Administrator Karlson reported that staff 83
has identified an individual to fill the vacant Reycling Intern position; he reminded the council that 84
the position is entirely funded by Anoka County grant funds. 85
Council Member Manthey moved to approve the appointment of Madelyn Pelon as recommended. 86
Council Member Kusterman seconded the motion. Motion carried on a voice vote. 87
COUNCIL MINUTES July 10, 2017
3
3C) Consider Appointment of Scanner Operator – City Administrator Karlson requested 88
approval of the appointment of a scanner operator. Mr. Rusty Ray is recommended for this position. 89
Council Member Rafferty asked about the temporary nature of the position; is it for a specific time 90
period? Administrator Karlson explained that the position is included in the budget on a yearly basis 91
so it is tied to that. 92
Council Member Manthey moved to the appointment of Rusty Ray as recommended. Council 93
Member Kusterman seconded the motion. Motion carried on a voice vote. 94
3D) Consider Approval of Check No. 105980 in the amount of $764.30 for CNH Architects – 95
City Administrator Karlson recalled that this invoice was pulled from a previous expenditure 96
approval. The council discussed the matter at length and has moved it forward for consideration of 97
payment. 98
99
Mayor Reinert noted a request to not have any bills paid on this contract but apparently there was an 100
amount already approved. Mr. Karlson explained that the original amount of the bill was $11,900 101
with the addition of some reimburseable expenses. Mayor Reinert said he hoped to be able to vote 102
against the entire payment because he doesn’t feel the product was what the council requested. The 103
subject matter is a building that has lacked maintenance and now requires extensive work (Public 104
Works facility). Mayor Reinert said he feels all the options presented through this contract are 105
upscale (at a cost of $12 million) and he feels there will be more options needed. For this city, a $12 106
million heated garage isn’t needed; the city is growing and needs to look ahead but that is too much. 107
The mayor said there is work that needs to be done but he fears it’s more than if the building had been 108
taken care of over the past years. 109
Council Member Maher recalled that Council Member Kusterman planned to speak with Mr. Hutson 110
about the details. Council Member Kusterman remarked that he did speak with him but both he and 111
Mr. Hutson don’t feel the product was off the mark. He asked Mr. Hutson to report to the council 112
further on the situation, specifically on whether or not the current building is repairable. He has 113
concerns about the facility and it’s workability. He generally feels that arguing about this small bill 114
isn’t a good use of time but hearing back from Mr. Hutson would be a good use. 115
116
Mayor Reinert suggested that Mr. Hutson didn’t look at this city and its needs. He doesn’t want to 117
do business with this company again. 118
119
Council Member Manthey noted that there is obviously different opinions on how to move forward 120
with this needed project. He shares Council Member Kusterman’s opinion; the council asked a well 121
respected architect to provide information on what is needed and he understands that there is sticker 122
shock. He would like to see the bill paid and move further on discussion of what is needed to be 123
done for public works in this city. 124
125
Mayor Reinert clarified that his concern is in principle. Mr. Hutson didn’t respond with the 126
information requested – or all of the information requested. The council should know what a new 127
building costs but also other options that don’t include replacement of the building; the council 128
requested an array of choices. 129
COUNCIL MINUTES July 10, 2017
4
Council Member Kusterman moved to approve payment to CNH Architects as recommended. 130
Council Member Manthey seconded the motion. Motion carried on a voice vote – Mayor Reinert 131
voted no. 132
133
PUBLIC SAFETY DEPARTMENT REPORT 134
135
4A) Consider Donation of Fire Equipment to Centennial Fire District – Public Safety 136
Director Swenson explained the extra equipment that he recommends be donated. The city received 137
this equipment during the distribution of assets when the city split from the Centennial Fire District, 138
who has already used this on two occasions for training purposes. The current cost value of the 139
equipment is $592. The apparatus that the CFD currently uses and used previously is the correct 140
attachment size. 141
142
Council Member Manthey moved to approved the donation of equipment as recommended. Council 143
Member Kusterman seconded the motion. Motion carried on a voice vote. 144
145
PUBLIC SERVICES DEPARTMENT REPORT 146
147
There was no report from the Public Services Department. 148
149
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 150
6A) NorthPointe 6th Addition 151
i. Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot 152
D, NorthPointe 5th Addition) 153
ii. Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat 154
iii. Consider Resolution No. 17-59 Approving Development Agreement 155
City Planner Larsen reviewed a PowerPoint outlining the project details: 156
- 15 lots; temporary cul-de-sac; 157
- Phasing Plan (this is 6th addition); 28 units remaining after this phase; 158
- Public Land decisions (15 park dedication units); 159
- Planning and Zoning Board review and approval; 160
- Review of requested resolutions. 161
Council Member Rafferty looked at the map of the project and asked questions about the new roadways. 162
It was clarified that this will not be a direct connection to Cedar. 163
164
Mayor Reinert asked if there is a map available of what the development looked like from the onset; he 165
thought it was five phases originally. Ms. Larsen explained that the phasing came through a little 166
differently but there are no more units added nor any change to lot size; the preliminary plat has 167
remained accurate. She clarified that the park is under construction. 168
COUNCIL MINUTES July 10, 2017
5
Mayor Reinert asked that the original approved plat be emailed to the council. 169
Council Member Kusterman moved to dispense with the full reading of the ordinance as presented. 170
Council Member Manthey seconded the motion. Motion carried on a voice vote. 171
Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 05-17 as 172
presented. Council Member Manthey seconded the motion. Motion adopted; Yeas, 5; Nays none. 173
Council Member Kusterman moved to approved Resolution No. 17-58 as presented. Council Member 174
Manthey seconded the motion. Motion carried on a voice vote. 175
Council Member Kusterman moved to approve Resolution No. 17-59 as presented Council Member 176
Manthey seconded the motion. Motion carried on a voice vote. 177
178
6B) Chavez Preserve 179
i. Consider Resolution No. 17-60 Approving Variances 180
ii. Consider Resolution No. 17-61 Approving Final Plat 181
iii. Consider Resolution No. 17-62 Approving Development Agreement 182
iv. Consider Resolution No. 17-68 Approving Stormwater Management Facility Maint Agrmt 183
184
City Planner Larsen reviewed a PowerPoint Presesentation outlining the project details: 185
- Aerial Map showing property and zoning; 186
- Existing house on site was moved and accessory structures will be moved; 187
- Storm water planning reviewed; 188
- Front and back easements were reviewed; the back is less typical; driven by storm water 189
needs; 190
- Park dedication fees; five lots being charged; 191
- Zoning of R-1, with each lot meeting lot size requirements; 192
- Variances requested: 1) reduce collector roadway width; 2) Street set back reduction (40’ to 193
30’) (staff looked at other houses in the neighborhood and found that pretty much the entire 194
area is at 30’). 195
196
Mayor Reinert remarked that the council isn’t generally fond of variances but has fully discussed this 197
situation and he feels comfortable that is appropraite. He also offered praise to developer Marcel 198
Ebensteiner for his good work. 199
200
Council Member Kusterman moved to approve Resolution No. 17-60 as presented. Council Member 201
Manthey seconded the motion. Motion carried on a voice vote. 202
203
Council Member Kusterman moved to approve Resolution No. 17-61 as presented. Council Member 204
Manthey seconded the motion. Motion carried on a voice vote. 205
206
Council Member Kusterman moved to approve Resolution No. 17-62 as presented. Council Member 207
Manthey seconded the motion. Motion carried on a voice vote. 208
209
Council Member Kusterman moved to approve Resolution No. 17-68 as presented. Council Member 210
Manthey seconded the motion. Motion carried on a voice vote. 211
COUNCIL MINUTES July 10, 2017
6
6C) Consider Resolution No. 17-63 Approving Preliminary Plat for Houle Addition – City 212
Planner Larsen reviewed her written staff using a PowerPoint presentation: 213
- A map showing the location and outlining proposed development; 214
- A preliminary plat of Lot 1; 215
- History of the property (the late Mr. Vaughn was owner and received approval but it was not 216
recorded); there was an island project proposed also; 217
- One unit of park dedication fee. 218
219
Mayor Reinert recalled the history of the area. The original developer wasn’t able to put a 220
development fully together before he passed. The land is high and buildable and will probably be 221
discussed again in the future. 222
223
Council Member moved to approve Resolution No. 17-63 as presented. Council Member seconded 224
the motion. Motion carried on a voice vote. 225
226
6D) Golden Acre, Katie Larsen 227
i. Consider Resolution No. 17-64 Approving Variances 228
ii. Consider Resolution No. 17-65 Approving Preliminary Plat 229
iii. Consider Resolution No. 17-66 Approving Final Plat 230
iv. Consider Resolution No. 17-67 Approving Development Agreement 231
232
City Planner Larsen reviewed a PowerPoint presentation: 233
- Aerial map showing the project; 234
- Spliting a one-acre lot into four acres; 235
- A nearly split occurred recently; 236
- The plat itself with roadway dedication was reviewed; 237
- Stormwater plans; 238
- Park dedication on new lots; 239
- Variances: 1) lot size reductions to varying sizes; 2) reduced lot depth; 3) lot width on third 240
property; (same variances were approved for other developments in the area) 241
- Resolutions were reviewed. 242
243
Mayor Reinert noted the variances and the history of past consideration. 244
245
Council Member Maher asked for clarification on the previous developments in the area. 246
247
Council Member Rafferty moved to approve Resolution No. 17-64 as presented. Council Member 248
Maher seconded the motion. Motion carried on a voice vote. 249
250
Council Member Rafferty moved to approve Resolution No. 17-65 as presented. Council Member 251
Maher seconded the motion. Motion carried on a voice vote. 252
253
Council Member Rafferty moved to approve Resolution No. 17-66 as presented. Council Member 254
Maher seconded the motion. Motion carried on a voice vote. 255
256
COUNCIL MINUTES July 10, 2017
7
Council Member Rafferty moved to approve Resolution No 17-67 as presented. Council Member 257
Maher seconded the motion. 258
259
UNFINISHED BUSINESS 260
261
There was no Unfinished Business. 262
263
NEW BUSINESS 264
265
There was no New Business. 266
267
COMMUNITY EVENTS 268
269
FREE MOVIE IN THE PARK “Minions” will be playing at Lino Park (7850 Lake Drive) at dusk on 270
Thursday, July 13 271
272
MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, July 15 from 273
10:00 a.m. to 2:00 p.m. On site document and disk destruction will be available. 274
275
PUPPET SHOW IN THE PARK. Puppet performance, crafts for the kids, free popcorn and 276
refreshments on Wednesday, July 19, 7:00 p.m., Birch Park, 6520 Pheasant Run South 277
278
FAMILY CORN ROAST & COMMUNITY NIGHT will be held Thursday, July 27th, from 5:30 – 279
8:00 p.m. at Sunrise Park. Entertainment, food and family fun, including a bounce house, face 280
painting, a whiffle ball contest and other games. Free music by Handsome Midnight. 281
282
COMMUNITY CALENDAR 283
Community Calendar – A Look Ahead 284
July 10, 2017 through July 24, 2017 285
Monday, July 10 6:30 pm, Council Chambers Park Board 286
Wednesday, July 12 6:30 pm, Council Chambers Planning & Zoning 287
Monday, July 24 6:00 pm, Community Room Council Work Session 288
Monday, July 24 6:30 pm, Council Chambers City Council Meeting 289
290
ADJOURN 291
292
There being no further business, Council Member Rafferty moved to adjourn at 8:10 p.m. Council 293
Member Manthey seconded the motion. Motion carried on a voice vote. 294
295
These minutes were considered and approved at the regular Council Meeting, July 24, 2017. 296
297
298
299
300
Julianne Bartell, City Clerk Jeff Reinert, Mayor 301
302
CLOSED COUNCIL SESSION July 5, 2017
DRAFT
1
1
CITY OF LINO LAKES 2
MINUTES 3
CLOSED COUNCIL SESSION 4
5
DATE : July 5, 2017 6
TIME STARTED : 5:37 p.m. 7
TIME ENDED : 5:58 p.m. 8
MEMBERS PRESENT : Council Members Rafferty, Manthey, 9
Maher, and Mayor Reinert 10
MEMBERS ABSENT : Council Member Kusterman 11
12
Staff present: City Administrator Jeff Karlson 13
14
Mayor Reinert called the meeting to order at 5:37 p.m. in the Council Work Room at 15
Lino Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on 16
the purpose of the meeting. The meeting was closed as a session of the city council 17
pursuant to the Open Meeting Law for the purpose of discussing labor negotiations. 18
19
The meeting was recorded and is available in the Office of the City Clerk. 20
21
The meeting was adjourned at 5:58 p.m. 22
23
These minutes were considered, corrected and approved at the regular Council meeting held on 24
July 24, 2017. 25
26
27
28
29
Julianne Bartell, City Clerk Jeff Reinert, Mayor 30
31
CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: July 24, 2017
TOPIC: Sale of Fire Apparatus (E11)
VOTE REQUIRED: 3/5
INTRODUCTION
The Lino Lakes Public Safety Department is requesting Council approval to sell a 1995 Ford
Custom Fire Rescue Pumper (VIN 1FDYS82E4SVA72034), Lino Lakes Engine 11, to the
Ellsburg Volunteer Fire Department (EVFD).
BACKGROUND
As part of the Council discussion in 2016 regarding the purchase of the current A21 and
the build-out of the second engine, staff was directed to evaluate the engines at both fire
stations and A11 to determine what apparatus would be rotated out of the fire fleet once
the new engines and A21 were in-service. At a Work Session on July 5, 2017 staff
recommended the sale of both 1995 Ford Custom Fire Rescue Pumpers (E11 and E21).
Based on this recommendation, Engine 11 and Engine 21 were listed for sale. On July
17, 2017 we received an offer from the EVFD located in Cotton, Minnesota to purchase
one of the 1995 Ford Custom Fire Rescue Pumpers (E11, City Shop #601, with mileage of
74,623) in the amount of $33,500.00. It should be noted that the City of Lino Lakes
purchased E11 from the City of Woodbury in 2014 at a cost of $15,000.00, installed
upgraded emergency lighting and Lino Lakes and OSHA compliant graphics for a total
investment of $28,385.65.
RECOMMENDATION
Staff recommends the Council approve the sale of the 1995 Custom Fire Rescue Pumper
- Engine 11 for $33,500.00 and deposit the proceeds from the sale of this fire apparatus
into the Fire Apparatus Replacement Fund.
ATTACHMENTS
Ellsburg Volunteer Fire Department Email
From: Heidi Yokel <heidiyokel@gmail.com>
Date: July 17, 2017 at 11:37:08 PM CDT
To: dan.lallier@ci.lino-lakes.mn.us
Cc: jdslski@aol.com
Subject: Fire Engine
Dear Mayor and Lino Lakes Council,
Ellsburg is a double township of 72 square miles. There are several lakes, numerous seasonal
cabins, ATV and snowmobile trails, and much wilderness. The average population of 300
residents increases during the summer and hunting season. Our western border is 6 miles off
Highway 53. This is a busy four lane highway running from Duluth to Canada. Our department
also provides coverage for 13 sections of unorganized township 55-15 on our eastern border. We
are regularly called to mutual aid our neighboring townships of Cotton, Canyon, Central Lakes,
Makinen, and McDavitt. Our department provides fire, rescue, and medical support for these
areas. Our nearest full time fire department is 20 miles from our northwest border. We are a
small volunteer department of 10 active members with a few support personnel. We are a
dedicated group who can boast a 100% response rate to our calls. We average about 30 calls a
year. This year, we have already responded to 22 calls. Because of the size of the area that we
cover, we must maintain two fire halls. One is on our eastern end, and one is 15 miles away
toward our western end. Each of these halls houses an engine, tanker, and rescue vehicle. The
1980 model year engine that we need to replace is no longer a reliable vehicle. The Ellsburg
VFD is allocated an annual operating budget of $38,000.00 from our township. We would like
to purchase the 1995 Ford engine that you are selling, but obviously we have a very limited
budget. Please consider our offer of $33,500.00.
Thank-you,
Heidi Yokel
Secretary, EVFD
heidiyokel@gmail.com
218-591-9228
Fire Chief Jeff Dulinski
jdslski@aol.com
218-391-4319
EVFD
1102 Mink Rd.
Cotton, MN 55724
ellsvfd@arrowheadtel.net
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: July 24, 2017
TOPIC: Saddle Club Third Addition
i. Consider Resolution No. 17-39 Approving Final Plat
ii. Consider Resolution No. 17-40 Approving Development
Agreement
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the Final Plat and Development Agreement for
Saddle Club Third Addition.
Complete Application Date: March 15, 2017
60-Day Review Deadline: May 14, 2017
60-Day Extension: July 13, 2017
Environmental Board Meeting: N/A
Park Board Meeting: N/A
Planning & Zoning Board Meeting: April 12, 2017
Tentative City Council Work Session: May 1, 2017
Tentative City Council Meeting: July 24, 2017
BACKGROUND
Saddle Club is a PUD residential subdivision located south of Birch Street and Old Birch Street.
The preliminary plat is 39.4 gross acres and consists of 55 single family residential lots.
Marcel Eibensteiner, Royal Oaks Realty, Inc., has submitted a land use application for final plat
of Saddle Club Third Addition. This review is based on the final plat and prepared by EG Rud &
Sons, dated March 15, 2017 and received by the City on March 15, 2017.
2
Previous Council Actions:
• February 10, 2014: Saddle Club PUD Development Stage Plan/Preliminary Plat,
Resolution No. 14-15
• August 25, 2014: Saddle Club PUD Final Plan-Final Plat, Resolution No. 14-63
• April 11, 2016: Saddle Club Second Addition Final Plat, Resolution No. 16-12
ANALYSIS
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The Third Addition final plat is compliant with the comprehensive plan, zoning and subdivision
ordinance. The final plat substantially conforms with the PUD Development Stage
Plan/Preliminary Plat and Final Plan.
The phasing plan was revised from 2 phases to 3 phases with the final plat of Saddle Club
Second Addition. The total number of lots has not changed.
ORIGINAL PHASING PLAN # of LOTS
Phase One 28
Phase Two 27
TOTAL 55
REVISED PHASING PLAN # of LOTS
Phase One 28
Phase Two 17
Phase Three 10
TOTAL 55
An important component of the Saddle Club development was the connection of Fox Road and
extension of public utilities to the Foxborough development through the Comcast property. This
extension was to be completed originally with phase two of the development. The revised
phasing plan had this connection being made in conjunction with phase three.
As required per Section 19 of the Development Agreement for Saddle Club Second Addition, the
Developer acquired from the City title to the southern 550 feet of the abutting parcel to the west
of the Subdivision (a/k/a the Comcast parcel) in September 2016. Upon acquisition of, and final
plat approval for the Comcast parcel, Developer shall:
3
i. Construct Fox Road across the Comcast parcel so as to join the Fox Road segment in
Saddle Club to the existing Fox Road in the Foxborough subdivision to the southwest.
All plans and specifications for Fox Road must be approved by the City prior to
construction.
ii. Install sanitary sewer and water main on the Comcast parcel so as to connect the sanitary
sewer and water main in Saddle Club to those existing utilities in the Fox Road right-of-
way in the Foxborough subdivision to the southwest. All plans and specifications for the
sanitary sewer and water main utilities must be approved by the City prior to
construction.
iii. All Fox Road utility and roadway improvements shall be completed prior to, or
concurrent with, the utility and roadway improvements within phase three of Saddle
Club, or within two years from the date of Council approval of the Saddle Club Second
Addition final plat, whichever is earlier.
The developer has submitted to the City the preliminary plat and street and utility civil plans for
the Comcast property and Fox Road connection. This project will be called Saddle Club Fourth
Addition. Ideally, Saddle Club Third Addition and Fourth Addition would be constructed
concurrently; however, the developer is working the RCWD and the Corp of Engineers (COE)
on the wetland mitigation on the Fourth Addition and would like to move forward with just the
Third Addition.
To ensure the connection of Fox Road and extension of public utilities to the Foxborough
development through the Comcast property, staff recommends Block 3 be platted as an outlot in
the Third Addition. This outlot will then be platted with the Comcast property as Fourth
Addition. The City will continue to hold $115,000 in trunk credits from the Second Addition
and will require additional cash securities with the Third Addition.
Blocks and Lots
The proposed final plat for Saddle Club Third Addition creates 10 lots and Outlot A. Outlot A
covers a small section of trail that was inadvertently constructed on what was to be Lot 1, Block
3 Saddle Club Third Addition.
Comment:
1. Lot 1 and Lot 2, Block 3 shall be platted as an outlot.
2. Outlot A shall be deeded to the City.
Streets
A portion of Fox Road will be constructed with this phase. As approved with the PUD final
plan, the right-of-way width is 50 feet and street width is 30 feet back to back.
Sidewalk is not required along Fox Road.
4
Comment:
1. Fox Road shall be paved south to the east lot line of Lot1, Block 3.
Public Utilities
The submitted plans indicate water main and sanitary sewer extending the length of Fox Road
and servicing Lot 2, Block 3.
Comment:
1. The watermain shall be extended south to the east side of Lot 1, Block 3.
a. Future Lot 1 and Lot 2, Block 3 shall be served when the watermain is looped
through the Comcast development.
2. The sanitary sewer shall be extended south to serve Lot 5, Block 2.
a. Future Lot 1 and Lot 2, Block 3 shall be served by gravity sanitary sewer through
the Comcast development.
Easements
Standard drainage and utility easements are provided on all lot lines.
The Comcast property is also encumbered by a Right-of-Way, Drainage and Utility Easement
held by the City for the purposes of constructing street and utilities. This easement will be
vacated upon development.
Public Land Dedication and Fees
The City is requiring cash in lieu of land dedication. By requiring Lot 1 and Lot 2, Block 3 to be
platted as an outlot, eight (8) lots will be platted in the Third Addition. A credit in the amount of
$5,112 will be applied for developer costs incurred to extend additional boardwalk along Lot 5,
Block 4, Saddle Club 2nd Addition.
Saddle Club Third Addition
8 lots x $2,575 = $20,600
Boardwalk Credit = ($5,112)
TOTAL = $15,488
Trail
The trail was constructed from the Foxborough development to Black Berry Court in the Second
Addition. The last remaining 150 foot section to Fox Road will be constructed with the Third
Addition.
Outlot A as shown on the final plat is a small section of trail that was inadvertently constructed
on what was supposed to be Lot 1, Block 3.
5
Comment:
1. Outlot A shall be deeded to the City.
Zoning
Saddle Club Third Addition is zoned PUD-Planned Unit Development as approved by the City
Council with Ordinance No. 01-14.
Comprehensive Plan
The final plat is in compliance with the Comprehensive Plan in terms of the Resource
Management System, Land Use Plan and Housing Plan.
Transportation Plan
By-pass Lane on Birch Street
The City designed and Anoka County completed construction of the by-pass lane in June 2016.
Old Birch Street
The City designed and the Developer completed construction of the north end cul de sac in
October 2016.
The developer completed construction of the east-west section of Old Birch Street in May 2016.
Future Fox Road and Public Utilities Connection
In 2014, the City Council approved the Fox Road and public utilities connection with
Resolutions No. 14-15 (PUD Development Stage Plan/Preliminary Plat) and No. 14-63 (PUD
Final Plan/Final Plat). As detailed above, the developer has submitted to the City the preliminary
plat and street and utility civil plans for the Comcast property and Fox Road connection. This
project will be called Saddle Club Fourth Addition. Ideally, Saddle Club Third Addition and
Fourth Addition would be constructed concurrently; however, the developer is working the
RCWD and the Corp of Engineers (COE) on the wetland mitigation on the Fourth Addition and
would like to move forward with just the Third Addition.
To ensure the connection of Fox Road and extension of public utilities to the Foxborough
development through the Comcast property, staff recommends Block 3 be platted as an outlot in
the Third Addition. This outlot will then be platted with the Comcast property as Fourth
Addition. The City will continue to hold $115,000 in trunk credits from the Second Addition
and will require additional cash securities with the Third Addition.
6
Floodplain
The developer received a FEMA LOMR (Letter of Map Revision) on December 7, 2015
effectively removing floodplain from 10 lots in Saddle Club First Addition. There is no
floodplain in Saddle Club Third Addition.
Development Agreement
A Development Agreement has been drafted by the City and shall be executed by the City and
the developer and recorded by the developer. The Agreement has amended Section 19 Special
Provisions of the Development Agreement for Second Addition in regards to the construction of
the Fox Road and utility connection to the Foxborough subdivision. The Agreement also details
the trunk credits and the securities required for the connection.
Title Commitment
The City Attorney reviewed the title commitment and final plat and notes that Consent to Plat is
required.
Stormwater Maintenance Agreement
A Maintenance Agreement for Stormwater Management Facilities was approved by the City
Council on August 25, 2014 with Resolution No. 14-92 for the entire Saddle Club development.
RECOMMENDATION
The Planning & Zoning Board reviewed and recommended approval of the Saddle Club Third
Addition final plat on April 12, 2017. The vote was 6-0. Staff is recommending approval of the
following items with conditions as listed:
1. Resolution No. 17-39 Approving Final Plat
2. Resolution No. 17-40 Approving Development Agreement
ATTACHMENTS
1. Resolution 17-39
2. Final Plat
3. Resolution 17-40
4. Development Agreement
1
CITY OF LINO LAKES
RESOLUTION NO. 17-39
RESOLUTION APPROVING THE FINAL PLAT
FOR SADDLE CLUB THIRD ADDITION
WHEREAS, the City has received an application for Final Plat approval for Saddle Club
Third addition hereafter referred to as “Development”; and
WHEREAS, City staff has completed a review of the proposed “Development” based on
the following plans and information:
• Final plat dated March 15, 2017 and prepared by E.G. Rud & Sons; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on
November 13, 2013 and continued to the January 8, 2014 meeting and the Board
recommended approval of the Saddle Club PUD Development Stage Plan/Preliminary
Plat; and
WHEREAS, the City Council approved the rezoning from R, Rural to PUD, Planned
Unit Development with Ordinance No. 01-14 and the PUD Development Stage
Plan/Preliminary Plat with Resolution No. 14-15; and
WHEREAS, Planning & Zoning Board reviewed and recommended approval of the
Saddle Club Third Addition final plat at the April 12, 2017 meeting; and
WHEREAS, the proposed development is not considered premature and meets the
performance standards of the subdivision and zoning ordinance; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
FINDINGS OF FACT
1. The final plat substantially conforms to the approved preliminary plat subject to the
conditions listed below.
2. The City Attorney approved the status of title/property ownership related to the
final plat subject to the conditions listed below.
3. A Development Agreement has been completed.
4. Conditions attached to approval of the preliminary plat have been fulfilled or
secured by the Development Agreement.
5. All fees, charges and escrow related to the preliminary or final plat have been paid
in full.
2
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the final plat for Saddle Club Third Addition, subject to the following
conditions:
1. All comments from City Engineer letter dated April 4, 2017 shall be addressed.
2. All comments from the Environmental Coordinator letter dated April 5, 2017
shall be addressed.
3. A Development Agreement shall be executed by the City and the developer and
recorded by the developer.
4. Developer shall draft a deed for Outlot A to the City.
5. Title Commitment:
a. Consent to Plat is required.
6. Final Plat shall be revised as follows:
a. Lot 1 and Lot 2, Block 3 shall be platted as an outlot.
7. Civil Plan Set shall be revised as follows:
a. Lot 1 and Lot 2, Block 3 shall be platted as an outlot.
b. Fox Road shall be paved south to the east lot line of Lot 1, Block 3.
c. The watermain shall be extended south to the east lot line of Lot 1, Block
3.
d. The sanitary sewer shall be extended south to serve Lot 5, Block 2.
Adopted by the Council of the City of Lino Lakes this 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council
Member
_______________and was duly seconded by Council Member ________________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 17-40
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR SADDLE CLUB THIRD ADDITION
WHEREAS, the City Council approved the final plat for Saddle Club Third Addition with
Resolution No. 17-39 on July 24, 2017; 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 between DuPont Holdings, LLC and the City of
Lino Lakes for Saddle Club Third Addition 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 24th day of July, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
DEVELOPMENT AGREEMENT
and
PLANNED UNIT DEVELOPMENT AGREEMENT
Saddle Club 3rd Addition
THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City
of Lino Lakes, a Minnesota municipal corporation, and Dupont Holdings, LLC (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
14-15 for a plat known as Saddle Club (“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 Saddle Club 3rd Addition final plat, said
property legally described in Exhibit A, 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. 17-39. 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 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. Saddle Club 3rd Addition plan set containing Sheets C0-C6.6, prepared by
Plowe Engineering, Inc., dated March 15, 2017, and received on March
15, 2017.
5. Permits. The Developer shall be responsible for securing 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 and prior to the
City awarding construction contracts for public improvements.
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 2
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 in its absolute discretion. The cost of
Developer Improvements is as shown on Exhibit C. 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.
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 days
after notification by the City. The Developer shall be responsible for all
necessary street and storm sewer maintenance, including street
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 3
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 be placed after all
street and lawn grading has been completed in order to preserve the lot markers
for future property owners. Lot corner irons on the back property line shall be
installed so that the top of the iron corresponds to the finished ground elevation
in accordance with the approved grading plan. Guard stakes shall be
appropriately installed to mark these irons.
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.
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.
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 4
8. City Improvements.
No city improvements are proposed to be constructed 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. The Developer shall also
submit certified compaction testing results for the site grading operations.
b. A summary of the record plan attribute data for the storm sewer, water main,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet 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.
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.
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 5
c. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement subject to City approval.
d. Reduction of Security. The Developer may request a reduction of the Letter of
Credit or cash deposit based on prepayment or the value of the completed
improvements at the time of the requested reduction.
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 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 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.
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 with the Anoka County Recorder to give notice to future purchasers and
owners. This shall be recorded against the Subdivision described on Page 1.
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 Attachment B for
breakdown of costs):
i. Administration - 3% of Developer Improvement Costs
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Development Agreement
July 24, 2017
page 6
ii. City Engineering
iii. Street lighting installation (by utility company)
iv. Traffic signing improvements
v. Boulevard tree planting
vi. Street, storm sewer and pond maintenance
vii. Property Taxes. Should the recording of the Final Plat occur after July 1st,
any and all property taxes on any public property dedicated as a part of
this plat shall be the responsibility of the Developer.
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 Attachment B for
breakdown of costs):
a. Park Dedication
The Park Dedication Fee for this site is calculated as follows:
8 units x $2,575 = $20,600
A credit in the amount of $5,112 shall be applied for developer costs incurred to
extend additional boardwalk along Lot 5, Block 4 of Saddle Club 2nd Addition.
The amount to be collected is:
$20,600-$5,112=$15,488
b. The Developer shall pay 15 months of maintenance and energy costs for street
lights installed within the Subject Property at the rate of $7/month/light. After
that the City will assume the costs.
c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the
development at a cost of $7,920. The sealcoating will be completed within three
to seven years following completion of the wear course placement.
d. Aerial Photo Fees.
a. Trunk Sewer Unit Charges
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 7
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
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.
b. 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.
c. 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.
17. Assessment of Charges and Waiver of Rights.
a. In consideration of the construction of City Improvements listed in Paragraph 8
and /or provision of sewer, water and storm water services, the Developer
agrees that the costs of City Improvements together with Trunk Sewer Unit
Charge, Trunk Water Unit Charge and the Surface Water Management Area
Charge (collectively, “the Charges”) may be assessed against the Subdivision
parcels. The Developer hereby waives any and all procedural and substantive
objections to the special assessments, including notice and hearing
requirements, any claim that the assessments exceed the benefit to the
properties, and any right to appeal.
b. Unless the Developer pays the entire balance owed for the Charges
contemporaneously with the execution of this Agreement, the Developer shall
provide to the City a cash escrow or irrevocable letter of credit in an amount
equal to 35% of the total assessments for the Charges as estimated by the City
Engineer (see Attachment B). The letter of credit shall be in a form, and from a
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 8
bank, as approved by the City. The letter of credit or cash escrow may be used
by the City upon default by Developer in the payment of special assessments.
The cash escrow or letter of credit shall remain in place throughout the term of
the special assessments. The letter of credit may not be terminated without the
City’s written consent.
c. Developer, its heirs, successors or assigns, agrees that within 30 days after the
date of sale of a lot, the Developer, its heirs, successors or assigns, at its own
cost and expense, shall pay the entire unpaid charges assessed or to be assessed
under this agreement against such property.
d. If a certificate of occupancy is issued before the special assessments have been
levied, the Developer, its heirs, successors or assigns shall pay the City the sum
of cash equal to 120% of the Engineer's estimate of the special assessments for
such Charges that would be levied against the property. Upon such payment the
City shall issue a certificate showing the assessments are paid in full.
Notwithstanding the issuance of said certificate, the Developer shall be liable to
the City for any deficiency and the City shall pay the Developer any surplus
arising from the payment based upon such estimate.
e. Acceleration upon Default. In the event the Developer violates any of the
covenants, conditions or agreements herein, violates any ordinance, rule or
regulation of the City, County of Anoka, State of Minnesota or other
governmental entity having jurisdiction over the plat or development, or fails to
pay when due any installment of any special assessment levied pursuant to this
agreement, or any interest thereon, the City at its option, in addition to its rights
and remedies hereunder, after 10 days written notice to the Developer, may
declare all of the unpaid special assessments which are then estimated or levied
pursuant to this agreement due and payable in full, with interest. The City may
seek recovery of such special assessments due and payable from the security
provided herein. In the event that such security is insufficient to pay the
outstanding amount of such special assessments plus accrued interest the City
may certify such outstanding special assessments in full to the County Auditor
pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the
following year. The City, at its option, may commence legal action against the
Developer to collect the entire unpaid balance of the special assessments then
estimated or levied pursuant hereto, with interest, including reasonable
attorney's fees, and Developer shall be liable for such special assessments and, if
more than one, such liability shall be joint and several. In addition to any other
rights and remedies upon Developer’s default, the City may refuse to issue
building permits and/or Certificates of Occupancy for any property within the
Subdivision until such time as such default has been corrected to the satisfaction
of the City. The Developer agrees to reimburse the City for all costs incurred by
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 9
the City in the enforcement of this agreement, or any portion thereof, including
court costs and reasonable engineering and attorneys' fees, if the City prevails in
any enforcement action.
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.
19. Special Provisions. In consideration for the City’s approval of this Agreement,
Developer agrees to undertake the following off-site improvements:
a. Fox Road. The conditions specified in Section 19.a. of the Saddle Club 2nd
Addition Development Agreement, dated May, 6, 2016, shall be amended as
follows:
i. Construct Fox Road across the Comcast parcel so as to join the Fox Road
segment in Saddle Club to the existing Fox Road in the Foxborough
subdivision to the southwest. All plans and specifications for Fox Road
must be approved by the City prior to construction.
ii. Install sanitary sewer and water main on the Comcast parcel so as to
connect the sanitary sewer and water main in Saddle Club to those
existing utilities in the Fox Road right-of-way in the Foxborough
subdivision to the southwest. All plans and specifications for the sanitary
sewer and water main utilities must be approved by the City prior to
construction.
iii. All Fox Road utility and roadway improvements shall be completed within
two years from the date of Council approval of the Saddle Club 3rd
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 10
Addition final plat. The City shall not unreasonably withhold such
approvals as necessary for developer to undertake said improvements.
iv. The Developer shall post a security in the amount of 150% of the cost of
constructing the street and associated storm water management
improvements in a form provided for in Section 10 of this agreement.
The city shall reserve the right, in the event of default by the Developer
to commence construction within the specified time frame, to draw upon
the posted security to complete the improvements in form and alignment
so determined by the City.
b. Trunk Fees. As specified in the Saddle Club 2nd Addition Development
Agreement, dated May 6, 2016, upon completion of Fox Road and the related
utilities, Developer shall be credited $90,000.00 for the sanity sewer trunk
charge and $25,000.00 for the water trunk charge. If Fox Road and the
associated sanitary sewer and water utilities are not completed within the
timeline set forth in subparagraph 19(a)(iii), Developer forfeits the
aforementioned trunk charge credits.
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. Insurance. Developer or its general contractor shall take out and maintain
until one year after the City accepted the Developer Improvements, Commercial
General Liability, Automobile Liability and Employers Liability Insurance. Limits for
Commercial General Liability shall be not less than One Million and no/100
($1,000,000.00) Dollars per occurrence and Two Million and no/100 ($2,000,000.00)
Dollars in aggregate. Limits for Automobile Liability shall be not less than One Million
and no/100 ($1,000,000.00) Dollars for each occurrence. Limits for Liability Insurance
shall be not less than Five Hundred Thousand and no/100 ($500,000) Dollars. 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.
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
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 11
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.
DuPont Holdings, LLC
Attn: Marcel Eibensteiner
1000 County Road West, Suite 150
Shoreview, MN 55126
Community Development Director
City of Lino Lakes
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 12
600 Town Center Parkway
Lino Lakes, MN 55014
24. Land Use Controls - Planned Unit Development.
a. Saddle Club 3rd Addition is a Planned Unit Development (PUD) as approved by
the City Council by Ordinance No. 02-14, and Resolution No. 14-15.
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 13
DEVELOPER CITY OF LINO LAKES
By ______________________ By _________________________
Mayor
Its ______________________
ATTEST:
By _________________________
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on _______ day of _______________,
2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City.
______________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on _______ day of _______________,
2017, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
______________________________
Notary Public
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 14
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
On this _______ day of _______________, 2017, before me, a Notary Public within and
for said County, personally appeared Marcel Ebensteiner, __________________ of DuPont
Holdings, LLC. (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
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 15
EXHIBIT A
Legal Description
Outlot F, Saddle Club First Addition, Anoka County, Minnesota
Saddle Club 3rd Addition
Development Agreement
July 24, 2017
page 16
EXHIBIT B
Final Plat
7/17/2017
EXHIBIT C
Securities, Escrows & Fees
PROJECT: Saddle Club 3rd Addition NUMBER OF REU's:8
APPLICANT: Dupont Holdings, LLC NO. OF LOT FRONTAGES 8
AREA (LOT & RW):4.17
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Public)
SITE GRADING $22,450
EROSION CONTROL $3,000
LANDSCAPING $3,500
TRAIL $6,960
STREETS $60,390
STORM SEWER CONST.$26,334
SANITARY SEWER CONST.$19,618
WATERMAIN CONST.$33,031
ENGINEERING & SURVEYING $5,258
Total $180,541
Letter of Credit Amount X 150%$270,812
FOX ROAD EXTENSION (SADDLE CLUB 4TH) $266,347
Letter of Credit Amount X 150%$399,521
ESCROW for CITY'S COSTS
ADMINISTRATION $5,420
ENGINEER PLAN REVIEW $1,500
ENGINEER CONSTRUCTION SERVICES $9,027
PROJECT FINAL DOCUMENTS & CITY ENGINEER $3,500
STREET LIGHT INSTALLATION $5,000
STREET & STORMWATER MAINTENANCE $1,500
PROPERTY TAXES $0
BOULEVARD TREE PLANTING $3,880
Total $29,827
DEVELOPMENT FEES
PARK DEDICATION $20,600
PARK DEDICATION CREDIT ($5,112)
Subtotal Park Dedication Fee $15,488
AUAR $0
SEAL COATING FEE $7,920
AERIAL PHOTO FEE $720
STREET LIGHTING OPERATION $210
Total $24,338
TRUNK SANITARY SEWER $24,584
TRUNK SANITARY SEWER CREDIT $0
TRUNK WATERMAIN $32,552
TRUNK WATERMAIN CREDIT $0
TOTAL TRUNK SEWER & WATER FEES $57,136
SURFACE WATER MANAGEMENT $27,255
SURFACE WATER MANAGEMENT CREDIT ($12,356)
TOTAL SURFACE WATER MANAGEMENT FEES $14,899
Total $72,035
Letter of Credit Amount X 35% $25,212
SUMMARY OF SECURITIES, ESCROW & FEES
SECURITY: DEVELOPER IMP'MENT COSTS (3RD ADDITION)$270,812
SECURITY: DEVELOPER IMP'MENT COSTS (FOX ROAD)$399,521
ESCROW FOR CITY COSTS $29,827
DEVELOPMENT FEES $24,338
SECURITY: TRUNK FEES $25,212