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HomeMy WebLinkAbout01-28-13 Council PacketEX PANDED AGENDA CITY COUNCIL AGENDA Monday , January 28 , 201 3 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16 ) City Council: Mayor Reinert , C ouncil Members O’Donnell , Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order – 6:30 p.m.  Roll Call - Council Members Stoesz, O’Donnell, Roeser & Rafferty, 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 accepted as presented. SPECIAL PRESENTATION Jan Kreminski, Interim BOD Chair for Centennial Area Education Foundation 1. CONSENT AGENDA A) Consideration of Expendi tures: i) January 28, 2013 (Check No. 95009 through 95100 ) in the amount of $328,659.86; ii) Centennial Fire District (Check No. 5651 through 5671 & 201301) in the amount of $16,433.76 ); B) Consider approval of January 7 , 2013 Work Session Minutes C) Cons ider approval of January 14, 2013 Council Meeting Minutes D) Consider Resolution No. 13-7 Approving an application for a Exempt Charitable Gambling and Temporary On-Sale Liquor License for the Lino Lakes Lions Club Council Agenda -2- January 28, 2013 E) Consider Resolution No. 13-08, Authorizing the Issuance of 2013 Certificates of Indebtedness F) Consider accepting for submittal Pay Equity Implementation Report G) Consider Approving Application for Exempt Permit from Lawful Gambling License (Raf fle) for Chain of Lakes Rotary H) Consider approval of application of Aquinas Roman Catholic Home Education Services to conduct excluded bingo on March 9 , 2013 at St. Joseph’s Church I) Consider Resolution No. 13-15 Approving an application for a Temporary On- Sale Liquor License for the Chain of Lakes Rotary Club J) Consider Lease Agree ment between City and North Memorial Health Care K) Consider approval of January 7, 2013 Closed Council Session Minutes Action Taken: Motion by Roeser, seconded by O’Donnell, to approve the Co nsent Ag enda, Items 1A through 1K, as presented, was adopted 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTMENT A) Consider Resolution 13-14, Approving Off-Sale Intoxicating Liquor and Tobacco License for Metro Wine and Liquor, LLC , Julie Bartell Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-14 as presented, was adopted B) Consider Resolution 13-16, Approving On-Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor License for Hammerheart, LLC, Julie Bartell Action Taken: Motion by Roes er , seconded by Rafferty , to approve Resolution No. 13-16 as presented, was adopted 4. P UBLIC SAFETY DEPARTMENT No report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Otter Lake Road Extension i. Consider Resolution 13-11 Accepting Waiver Agreement from CM Properties for Assessments, Michael Grochala Action Taken: Motion by O’Donnell, seconded by Roeser , to approve Resolution No. 13-11 as presented, was adopted Council Agenda -3- January 28, 2013 ii. Consider Resolution 13-06 Approving Plans and Specifications and Authorizing the Advertisement for Bids, Jason Wedel Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Resolution No. 13-06 as presented, was adopted iii. Consider Resolution 13-09 Authorizing Acquisition of Right-of-Way, Jason Wedel Action Taken: Motion by O’Donnell, seconded by Roeser, to approve Resolution No. 13-09 as presented, was adopted iv. Consider Resolution 13-10 Authorizing Restriction of Parking, Jason Wedel Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-10 as presented, was adopted v. Consider Resolution 13-08 De claring Intent to Bond, Michael Grochala Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Resolution No. 13-08 as presented, was adopted B) Consider Resolution No. 13 -05 Approving Pay Request 3 F (Final) and Compensating Change Order No. 2, Otter Lake Service Road Culvert Replacement Action Taken: Motion by O’Donnell, seconded by Rafferty, to approve Resolution No. 13-05 as presented, was adopted C) Consider Resolution 13-13 Approving Plans and Specifications for the CSAH 14 Pedestrian Bridge over I-35W, Jason Wedel Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 13-13 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Stoesz, to adjourn at 7:10 p.m. Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss economic development Community Calendar – A Look Ahead January 28, 2013 through February 11, 2013 Monday, February 4 5:30 pm, Council Chambers Council Work Session Monda y, February 11 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL SPECIAL PRESENTATION STAFF ORIG INATOR: Jeff Karlson MEETING DATE: January 28, 2013 TOPIC: Special Presentation from Centennial Area Education Foundation VOTE REQUIRED: 3/5 INTRODUCTION T he Centennial Area Education Foundation (CAEF) is holding its annual “Reach for the Stars Gala” on March 2, 2013. CAEF is a non -profit organization comprised of volunteers from the community dedicated to raising money to enrich the students in the Centenn ial School District. Gifts to CAEF are allocated by way of grants and scholarships across diverse programs that support the community, schools, teachers, and students. Additional information can be found on their website at www.caefoundation.org . Jan Kreminski, interim BOD chair for CAEF will be present to ask the Council for its support in helping CAEF reach its fund raising goals. Two ways the City can help the foundation generate publicity is the newslette r and reader board sign. CITY COUN CIL WORK SESSION January 7, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE : January 7, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 8:45 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Environmental Coordinator 11 Marty Asleson; Economic Development Coordinator Mary Alice Divine; Community 12 Developmen t Director Michael Grochala; Public Safety Director John Sw enson; City 13 Clerk Julie Bartell; City Attorney Joseph Langel. 14 15 1. Interview EDAC candidate Tom Colgan – Mr. Colgan was interviewed by the 16 council; Mayor Reinert thanked him for his interest in ser ving. 17 18 Council Members completed individual ballots indicating their choices for filling 19 positions on the city’s advisory boards. A vote on appointments will occur at the next 20 regular council meeting on January 14, 2013. 21 22 2. Linda Weiner, Appraiser – Ms. Weiner announced that she will be retiring from her 23 position with Anoka County as of the next week. She thanked the council for their 24 assistance and support of her work over the past 12 years. She also thanked staff at city 25 hall for their assistance . 26 27 The council collectively offered thanks to Ms. Weiner and wished her well in her 28 retirement. 29 30 3. Environmental Board 2013 Goals - Environmental Coordinator Asleson introduced 31 Environmental Board Vice Chair Barbara Bor who reviewed the 2013 goals as appr oved 32 by the Board. She highlighted that efforts will continue into 2013 to improve recycling 33 operations with an expectation for increased tonnage. Regarding community gardens, 34 there are plans to develop a sign for the gardens. When asked about the heron rookery, 35 Mr. Asleson updated the council on the flashing and other efforts to protect the hero ns. 36 The mayor offered thanks to the Environmental Board and Mr. Asleson for their work. 37 38 4. Off -Sale Liquor Licenses – City Clerk Bartell reported to the coun cil on the number 39 and location of off -sale liquor licenses in the city as well as regulations that other cities in 40 the area use to limit this type of license. Most regulations correlate either to population or 41 geography. The mayor recalled a city regulat ion previously in place that limited licenses 42 to one mile apart. Council Member Roeser noted that a limitation of the number of 43 licenses could set up a situation where an area that is without this type of store would not 44 be eligible because all the licens es are taken . Council Member Rafferty suggested that 45 1 CITY COUN CIL WORK SESSION January 7, 2013 DRAFT the map indicating off -sale locations within Lino Lakes is somewhat misleading since it 46 shows some restaurant bars and 3.2 establishments that are really not the same as a 47 “liquor store”. 48 49 Adam La mere , Lakes Liquor, address ed the council. He explained that there are 50 combination licenses allowed by the state and so the city could deal with them separately. 51 He noted that realistically, a population based licensing system would be difficult. He 52 feels t hat something needs to be done – it doesn’t work out having liquor stores across the 53 street from each other. When the mayor asked if Mr. Lamere has a suggestion that would 54 deal with the situation, he mentioned that radius wouldn’t necessarily work well an d 55 population based wouldn’t be ideal either. The mayor said he recognizes that exclusive 56 liquor stores can’t really expand their business to other sales so some regulation may be 57 necessary. Council Member Roese r noted his struggle to about regulations th at would put 58 government in a role that picks the winners and losers or could possible lead to 59 corruption. 60 61 Community Development Director Grochala noted that a distance requirement would be 62 the most sensible. The Mayor suggested that under that scenario , those in violation of the 63 distance requirement that are originally grandfathered would eventually go away. Th e 64 mayor would like to know about what other cities are d oing and what has worked . A 65 council member noted that a distance regulation could impac t development in the village 66 area or a liquor store wit h a grocery store development. 67 68 The manager of Eagle Liquor addressed the council. He suggested there are other cities 69 that are successfully using off -sale r estrictions. It may be a moving target bu t you have to 70 try and hit it. 71 72 The mayor suggested that the council would like more information and will continue the 73 discussion at the next work session. He urged the liquor store owners to provide 74 information to the council if they have it. 75 76 5. Min nesota Government Data Practices Act – Administrator Karlson explained that 77 due to a data practice request, a city in Minnesota has dealt with the concept of elected 78 official data and decided to identify officials as employees only for the purpose of data 79 practices. Based on council direction, staff spoke with the city attorney and he wrote a 80 resolution that would designate Lino Lakes elected officials as employees but only for the 81 purpose of the Data Practices Act . A council member expressed concern tha t the 82 designation could hold some unexpected consequences down the line. Attorney Langel 83 explained that the designation is narrowly defined and applies only to data practice. He 84 had prepared a memo explaining implications. Council Member O’Donnell said that he 85 wants to understand if a designation could impact other areas such as a private business 86 and personal matters. City Attorney Langel said that he would amend the resolution to 87 make it even clear er that the employee designation is strictly limited. 88 89 2 CITY COUN CIL WORK SESSION January 7, 2013 DRAFT 6. Holiday Lighting Contest (Dale Stoesz) – Council Member Stoesz recalled that 90 when he was looking at lighting in the city around the holidays, he realized that it is 91 sometimes hard to find those homes where the owners have gone all out to put up a 92 d isplay. He suggests that there could be a contest in the city, judged by an independent 93 group. He’s checking to see if there is interest. 94 95 The mayor recalled there was a contest in the past. Staff noted that the Parks and 96 Recreation Department did run a contest many years ago. It wasn’t continued perhaps 97 because it was pretty much the same winners each year. It was a fun event and people did 98 enjoy it. 99 100 Council Member Stoesz recommended that a key element would be to post locations on 101 the web for people to use as a guide to view the best displays. 102 103 Th e council concurred that staff should look into bringing back t he program. The mayor 104 added that he’d be interested also in having some city sponsored decorations on light 105 poles and such. 106 107 7. Special L egislation – Council Member Roeser indicated that he asked for this 108 discussion with the idea of spurring special state legislation to deal with situation s such as 109 what arose with the properties on Bald Eagle Lake (property assessment between two 110 c ounties) through annexation. He recommends that the council show support to the state 111 representatives so that legislation could be sought to assist with that type of a situation. 112 The council concurred and the mayor suggested that the city put together a game pla n 113 because getting a change at the state le vel would take time. 114 115 Council Member Roeser noted also his interest in discussing the recommendation of 116 Attorney Steve Bubul for a statute change. The mayor suggested waiting on that 117 discussion. 118 119 Economic Developm ent Coordinator Divine explained her item on special legislation 120 regarding tax forfeited property. There are outstanding issues that relate to the city’s 121 situation. Potential legislation would allow the sale of the Legacy property below market 122 value for economic development purposes, not currently allowed under state law. The 123 argument can be made that the special assessments are greater than the value on the 124 property. Annual administrative fees owed to the county are another economic difficulty. 125 The city could make an argument for a “revenue neutral” situation that makes 126 development possible. Staff is presenting the idea of special legislation for council 127 consideration. The council discussed pros and cons and staff indicated that they would 128 continu e to pursue the suggestion. 129 130 8. Otter Lake Road Update – Community Development Director Grochala explained 131 that staff sent out petition and waiver information to property owners in December. 132 Discussion s have occurred with their attorneys but a formal res ponse is outstanding. 133 3 CITY COUN CIL WORK SESSION January 7, 2013 DRAFT There is a window of time before eminent domain could occur. Staff anticipates coming 134 to council on January 28 to discuss a quick take situation. 135 136 9. 2013 Pavement Management Program – Community Development Director 137 Grochala repo rted . In light of the failed referendum, staff is looking at next steps. WSB 138 is updating the pavement management plan and updating the computer system as far as 139 road ratings to utilize for street maintenance options over th e next five years. He wonders 140 if the council wants to consider a referendum for a reconstruction project; there is a 141 conflict between charter language and state law that impacts a referendum schedule and a 142 timeline that is impossible to meet. Staff did present an amendment to the Char ter 143 Commission that would solve the calendar conflict but they have not acted on it other 144 than to request funding for attorney review. Mr. Grochala stated that another option 145 would be to send an amendment to the ballot again , perhaps with revised ballot language; 146 that path would require consideration in February however. The mayor recalled a 147 discussion at the charter commission meeting that acknowledged that a majority of the 148 votes cast were in favor of the amendment and a suggestion that the council a nd 149 commission discuss an amendment together and share ideas, using a mediator -type 150 person chairing the meeting. The mayor suggests al lowing that process to happen. And 151 if a new program for reconstruction is to occur, that should be put together in a thou ghtful 152 long term way. Mr. Grochala noted that he is working with the city engineer on the most 153 appropriate treatments for areas and the most cost effective approach over the long run. 154 Staff will return in February with more information for discussion. 155 156 1 0. Social Media (Dale Stoesz) – Council Member Stoesz announced that he has a great 157 interest in seeing the city as others see it on line. A Web site that has caught his attention 158 is “See, Click, Fix”, a complaint based site to report problems. A free ac count could be 159 opened by the city that would allow citizens to follow problem s through to a solution. A 160 question that arises when discussing free social media such as this is the amount of staff 161 time involved and how that fits into priorities for staff. He feels strongly that the city 162 should be thinking a bout how it looks on -line and how it chooses to participate in social 163 media. 164 165 Administrator Karlson explained that staff has formed a committee to look at a 166 coordinated approach to using social media fo r the city. He noted that the Parks and 167 Recreation Department and the Police Department are and would continue to be the 168 primary users (they are already utilizing Facebook, Twitter and You Tube ). The group 169 has put together a draft communication plan that is currently under review and that will 170 be eventually brought to the council for approval. Staff sees that social media can be a 171 very useful tool in getting important messages to the public. The plan is focused on 172 identifying levels of communication (g reen, yellow a nd red), based on the priority of the 173 message. A part of this plan will be a socia l media policy. Public Safety Director 174 Swenson exp lained the elements of the plan as they are being developed. The plan will 175 remain flexible for future devel opments but should have a practical approach to limiting 176 the number of programs and messages. Administrator Karlson added that he will soon be 177 recommending an upgrade to the city Website in addition. 178 4 CITY COUN CIL WORK SESSION January 7, 2013 DRAFT 11. Letter of Support for HOME Grant Application – D ominium Project – 179 Economic Development Coordinator Divine recalled the Dominium proposal to develop 180 townhomes in the Legacy area. They will need several sources of income to make such a 181 project feasible. At the federal level, she reported that tax credit s have been continued 182 and that improves t he outlook for a project. Dominium also want s to apply through 183 Anoka County for a HOME grant before next week’s deadline. They have requested a 184 letter of support from the city. She clarified that such a letter does not indicate any city 185 financial commitment to the project. The council discussed some of the elements of the 186 Dominium project. The mayor suggested that a resolution approved by the council would 187 be the most appropriate but since there isn’t time to get one approved (the deadline is 188 prior to the next council meeting), he will review the details again and provide a signature 189 of support if possible. 190 191 Review Regular Agenda – The agenda was reviewed. 192 193 Annual Appointments – The council concurred to fill the blank positions as follows: 194 - Rob Rafferty, Vadnais Lakes Watershed District; 195 - Acting Mayor, Jeff O’Donnell; 196 - County Corrections Program, Jeff O’Donnell 197 - Joint Law Enforcement Council, Dale Stoesz 198 Regarding the designation of the legal newspaper, council m embers indicated that they 199 received a letter of interest from the Anoka Reporter . Administrator Karlson d iscussed 200 the paper and recommended against a change. The city clerk reviewed the statutory and 201 charter requirements for an official newspaper. The council concurred to stay with the 202 Quad Community Press after reviewing cost and delivery considerations. Carter Johnson 203 of the Quad Community Press was present and provided some information on how the 204 paper reaches citizens. 205 Mayor Reinert noted that o ne of the attorneys that has represented the city through the 206 Ra twik firm has broken off to another firm; he recommends that the city give the new 207 firm an opportunity to present a plan for their services. 208 209 There were no other changes to the regular Council agenda. 210 211 The meeting was adjourned at 8:45 p.m. 212 213 These minutes were considered, corrected and approved at the regular Council meeting held on 214 January 28, 2013 . 215 216 217 218 219 Julianne Bartell, City Clerk Jeff Reinert , Mayor 220 221 5 COUNCIL MINUTES January 14, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : January 14 , 2013 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:55 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 12 Grochala; City Engineer Jason Wedel; Chief of Police John Swenson ; Environmental Coordinator 13 Marty Asleson ; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one wa s present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was accepted as presented. 22 23 CONSENT AGENDA 24 25 Council Member O’Donnell moved to approv e the Consent Agenda, Items 1A through 1I, as 26 presented . Council Membe r Roeser seconded the moti on. Motion carried on a unanimous voice vote. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 January 14, 2013 (Check No. 94805 – 33 95008 , $1,238,182.24 ) Approved 34 35 Centennial Fire District (Check No. 5615 - 36 5646 & 2012011 ), $48,298.39 Approved 37 38 Resolution No. 13 -01, Peddler License for Sherco 39 Construction, Inc. Approved 40 41 December 3, 2012 Council Work Session Minutes Approved 42 43 December 10, 2012 City Council Meeting Minutes Approved 44 45 1 COUNCIL MINUTES January 14, 2013 DRAFT Contract for Services between C entennial School District 46 and Lino Lakes Pol ice Department for Youth Resourc e 47 Officer Approved 48 49 Application for An Excluded Raffle Event for Lino Lakes 50 Elementary School Approved 51 52 Resolution No. 13 -03, Execution of Professional Services 53 Agreem ent with WSB & Associates for general engineering 54 Services Approved 55 56 Approval of 2013 Advisory Board Appointments Approved 57 58 Application for Excluded Raffle Event for Anoka County 59 Pheasants Forever Approved 60 61 FINANCE DEPARTMENT REPORT 62 63 There was no report from the Finance Department. 64 65 ADMINISTRATION DEPARTMENT REPORT 66 67 3A) Consider Annual Appointments - City Administrator Karlson noted that the list establishes 68 appointments made by the council each year. He briefly reviewed the list and recalled t hat the council 69 discussed the appointments at their recent work session. 70 71 Council Member Rafferty moved to approve the appointments as presented. Council Member Stoesz 72 seconded the motion. Motion carried on a unanimous voice vote. 73 74 3B) Appointment of Katie Larsen to City Planner position – Administrator Karlson explained 75 that staff is requesting appointment of a new city planner to fill a vacant position. The individual he 76 is presenting for appointment, Ms. Katie Larsen, was chosen from a large pool o f good candidates. 77 78 Council Member Rafferty moved to approve the appointment of Katie Larsen to the position of City 79 Planner. Council Member Stoesz seconded the motion. Motion carried on unanimous voice vote. 80 81 3C) Resolution No. 13 -04, Defining Counci l Members as Employees for Purposes of the 82 Minnesota Government Data Practices Act (MGDPA) – Administrator Karlson noted that the 83 council discussed and reviewed this matter at their recent work session. Language within the 84 resolution has been clarified si nce that discussion. He added that the subject of the resol ution is data 85 practices and its purpose is to define council members as employees only for consideration of the 86 MGDPA. The city attorney has opined that all that is needed is a resolution for suc h definition. 87 88 Council Member Roeser moved to approve Resolution No. 13 -04 as presented. Council Member 89 Rafferty seconded the motion. 90 2 COUNCIL MINUTES January 14, 2013 DRAFT 91 Council Member O’Donnell indicated that he is not in favor of the resolution. He said that he had 92 indicated his conce rns on the implications of the resolution when it was discussed at the council work 93 session. 94 95 Mayor Reinert commented on court decisions on the impact of the MGDPA and how they wrong ly 96 place elected officials in this position. 97 98 Council Member Roeser anno unced that he has closely reviewed the resolution and he feels it 99 appropriately is very narrow in its scope. He said he also understands that the matter will be hear d by 100 the Minnesota Supreme Court and he sees that Lino Lakes is in the lead with this move and 101 appropriately so. 102 103 The motion was adopted on a voice vote. Council Member O’Donnell recorded as voting “no”. 104 105 PUBLIC SAFETY DEPARTMENT REPORT 106 107 There was no report from the Public Safety Department. 108 109 PUBLIC SERVICES DEPARTMENT REPORT 110 111 There was no rep ort from the Public Services Department. 112 113 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 114 115 6A) Resolution No. 13 -02, Environmental Board Goals for 2013 – Environmental Coordinator 116 Asleson briefly reviewed the goals established for 2013. The council requested and Mr. Asleson 117 provided additional information on the community garden program. 118 119 Council Member O’Donnell moved to approve Resolution No. 13 -02 as presented. Council Member 120 Roeser seconded the motion. Motion carried on a unanimous voice vote. 121 122 UNFINISHED B USINESS 123 124 There was no Unfinished Business. 125 126 NEW BUSINESS 127 128 There was no New Business. 129 130 COMMUNITY EVENTS 131 132 Mayor Reinert made the following announcements: 133 134 135 3 COUNCIL MINUTES January 14, 2013 DRAFT M ONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on January 19, 2013 136 from 10:00 a.m. to 2:00 p.m. See City website for a list of accepted. 137 138 FREE - SNOW DAY 139 Come to Wargo Nature Center on Saturday, January 26, from 1 -4 p.m. There will be Norwegian 140 Kicksledding, snowshoeing, ice fishing and more. But don’t think you have to be a winter lo ver to 141 enjoy this event – there are activities for everyone including winter crafts, dog sled demonstration, 142 entertainment and refreshments. No registration required. 143 144 COMMUNITY CALENDAR 145 146 Community Calendar – A Look Ahead 147 January 14, 2013 through January 28, 201 3 148 149 Monday , January 21 CITY HALL CLOSED Martin Luther King Jr. 150 Monday, January 28 5:30 pm, Community Room Council Work Session 151 Monday, January 28 6:30 pm, Council Chambers City Council Meeting 152 153 ADJOURN 154 155 There being no further business, Council M ember Rafferty moved to adjourn at 6:55 p.m. Council 156 Member Stoesz seconded the motion. Motion carried unanimously. 157 158 These minutes were considered and approved at the regular Council Meeting, January 28, 2013. 159 160 161 162 163 Julianne Bartell, City Cler k Jeff Reinert , Mayor 164 165 4 CITY COUNCIL AGENDA ITEM 1 D STAFF ORIGINATOR: Lisa Hogstad , Deputy City Clerk MEETING DATE: January 28, 2013 TOPIC : Consider Adoption of Resolution No. 1 3 -7 Approving a n application for a Temporary On -Sale Liquor License for the Lino Lakes Lions C lub VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lake Lions Club has scheduled its annual prime rib dinner for Saturday, March 2, 2 01 3 to be held at St. Joseph’s Church, 171 Elm Street. The Lino Lakes Lions Club is requesting approval of a 1 to 4 D ay Temporary On -Sale Liquor License. The license is necessary to allow the Lions Club to mix and dispense liquor that will be served as part of the dinner. BACKGROUND The applicant is required to submit an applicati on to the city for approval prior to t he event and city policy require s a background check on license applicants. Staff has reviewed the application and background and found no reason to deny the license. A copy of the appl ication and the results of the background check are on file in the ci ty clerk’s office. The C ertificate of Liability Insurance required by th e Department of Public Safety, Alcohol & Gambling Division, will be submitted upon city council approval. The organiz ation will also be submitting an application for an Exempt Gambl ing permit to the Minnesota Gambling Control Board. Staff has confirmed that the Lions Club meets the requirements of the city to allow for charitable gambling for this event. RECOMMENDATION Approve Resolution No. 1 3 -7 approving the Lino Lakes Lions Cl ub application for a temporary on -sale liquor lic ense. ATTACHMENT Resolution No. 13 -07 CITY OF LINO LAKES RESOLUTION NO. 1 3 -0 7 C ONSIDER ADOPTION OF RESOLUTION No. 13 -7 A PPROVING AN APPLICATION FOR A TEMPORARY ON -SALE LIQUOR LICENSE FOR THE LINO LAKES LIONS CLUB WHEREAS, L ino Lakes Lions Club has submitted an application for a 1 to 4 day temporary on -sale liquor license ; and WHEREAS, Minnesota Statutes, Section 340, allows the city council to consider a tem porary on -sale liquor license for a non -profit organization in connection with a social event sponsored by the licensee and held with in the city limits; and WHEREAS, the Lino Lakes Lions Club has submitted an application to hold a fundraising event at St. Joseph Catholic Church, 171 Elm Street, on March 2 , 201 3 ; and WHEREAS, the Lino Lakes Lions Club has paid the required fee; and WHEREAS, the City of Lino Lakes has conduct ed a background investigation of the applicant ; and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be approved by the City of Lino Lakes City Council before submitting for approva l to the Liquor Control Board; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the request of the Lino Lakes Lions Club for a temporary on -sale liquor license. Adopted by the Council of the City of Lino Lak es this 28 th day of January, 2013 . 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 th ereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1 E STAFF ORIGINATOR Al Rolek MEETING DATE Jan uary 28 , 201 3 TOPIC Consider Resolution 1 3 -08 Authorizing the Issuance of the 20 1 3 Certificates of Indebtedness VOTE REQUIRED Simple Majority (3/5) The 20 1 3 budget call s for the issuance of Certificates of Indebtedness in the amount of $1 93 ,000 to be used for the purchase of capital equipment as part of our equipment replacement program. The interest rate on the certificates will be 1 .00%. The Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A s pecial l ev y will pay for this certificate in 20 1 4 , 201 5 and 201 6 and the levy proceeds will be credited to the Area and Unit Fund. The equipment to be funded with the 20 1 3 Certificate of Indebtedness is listed on the attached schedule. Staff rec ommends approval of Resolution 1 3 -08. ATTACHMENTS Resolution 13 -08 201 3 Capital Equipment Replacement Schedule BACKGROUND RECOMMENDATION CITY OF LINO LAKES RESOLUTION NO. 1 3 -08 RESOLUTION AUTHORIZING THE ISSUANCE OF 20 1 3 CERTIFICATES OF INDEBTEDNESS WHEREAS , the 20 1 3 budget calls for the issuance of certificates amounting to $1 93 ,000 .00 and WHEREAS , the Area and Unit Fund (406) h as sufficient reserves to issue a loan, and WHEREAS , a special levy will pay for these certificates in 20 1 4 , 20 1 5 and 201 6 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES : 1. It is hereby found and determined that it is necessary an d expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Equipment Revolving Fund (40 2 ), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $1 93 ,000 .00 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Sectio n 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 20 1 3 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 20 1 3 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Equipment Fund to be indebted and for values received promises to p ay the Area and Unit Fund of the City of Lino Lakes, the sum of $1 93 ,000 plus interest at 1 .0 % per annum in three installments in 2014, 2015 and 2016 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for th e Ci ty and is authorized by a duly ad opted resolution of the City Council of Lino Lakes, dated January 28 , 20 1 3 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 20 1 3 . It i s Hereby Certified and Recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed i n regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. Adopted by the Council of the City of Lino Lakes this 28 th day of January, 2013 . The motion for the adoption of the foregoing resolution was introduced by Council Mem ber and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Page 2 _____________________________ Jeff Reinert , Mayor ATTEST: _______________________________ Julianne Bartell , City Clerk Page 3 SCHEDULE OF PAYMENTS 20 1 3 CE RTIFICATES OF INDEBTEDNESS FEBRUARY 1, 201 3 PRINCIPAL INTEREST TOTAL December 31, 20 1 4 $ 63 ,000 .00 $ 3,699 .00 $ 66,699 .00 December 31, 20 1 5 65 ,000.00 1,30 0 .00 66,300 .00 December 31, 20 1 5 65 ,000.00 65 0 .00 65,650 .00 Total $ 1 93 ,000 .00 $ 5,649.00 $198,649 .00 Interest Rate – 1 .0 % Levy 20 1 3 Paya ble 20 1 4 $ 70,034 .00 (includes required 5% overlevy) Levy 201 4 Payable 201 5 69,615 .00 Levy 20 1 5 Payable 20 1 6 68,933 .00 Total $208,582 .00 C i t y o f Lino Lakes 2013 Capital Equipment Replacement Department Description Amount Police (3) Squad Cars & Equipment $1 08,000 Fire Capital Equipment 85,250 Fleet Total Fleet 0 Total $193,250 Equipment Levy 0 Capital Equipment Fund 250 Certificates to be Issued $193,000 CITY COUNCIL AGENDA ITEM 1F STAFF ORIG INATOR: Jeff Karlson MEETING DATE: January 28, 2013 TOPIC: 2013 Pay Equity Report VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the 2013 Pay Equity Report for submission to Minnesota Management & Budget (MMB). BACKGROUND The Local Government Pay Equity Act and Minnesota Rules require local jurisdictions to submit a pay equity report to the State of Minnesota every three years. The City filed a report in 2010 and was in compliance. The 2013 report is due January 31, 2013. Staff completed the report, which was then run through MMB’s Pay Equity Analysis System Software. Based on the numbers in the compliance report, the City did not pass the statistical analysis test or the T -Test, which is a mathematical technique for measuring statistical significance. The City’s “underpayment ratio” is 69.47 percent. The minimum requirement to pass is 80 percent. This result is likely because the pol ice officers received a three percent wage increase in 2010 and 1½ percent increase in 2013, when the other unions did not receive the same salary bumps. I contacted MMB to obtain a full explanation, but have not heard back from the person who can answe r my questions. I am certain we will be notified of the City’s non -compliance and given a deadline for correct ing the matter . My question for MMB is how the City can correct this situation when there are union contracts that are not settled for 2012 and 2013. RECOMMENDATION Approve the 2013 Pay Equity Report. ATTACHMENTS Pay Equity Implementation Report Guide to Understanding Pay Equity Compliance and Computer Report CITY COUNCIL AGENDA ITEM 1 G STAFF ORIG INA TOR: Julie Bartell, City Clerk MEETING DATE: January 28 , 201 3 TOPIC: Consider Approving Application for Exempt Permit from Lawful Gambling License (Raffle) for Chain of Lakes Rotary Club VOTE REQUIRED: 3 /5 Vote INTRODUCTION The Chain of Lakes Rotary Club has applied for an exempt permit to conduct a raffle. The raffle drawing is scheduled for April 6 , 201 3 at St. Joseph’s Church, 171 Elm Street in Lino Lakes. BACKGROUND Nonprofit organizations are a llowed, under the state gambling statutes, to be excluded from a gambling license if the total market value of their raffle prizes in a calendar year do not exceed $1,500 . The Chain of Lakes Rotary Club will not exceed this yearly maximum . State statute does, however, require th at nonprofit organizations applying for an exclusion notify the local unit of government . Staff has confirmed that the Chain of Lakes Rotary Club meets the local ordinance requirements for charitable gambling. T he ir application a nd background check information are on file in the City Clerk’s office. RECOMMENDAT ION Approve the app lication for the Chain of Lakes Rotary Club. CITY COUNCIL AGENDA ITEM 1 H STAFF ORIG INA TOR: Julie Bartell, City Clerk MEETING DATE: January 28 , 201 3 TOPIC: Approve Application for Aquinas Roman Catholic Home Education Services to Conduct Excluded Bingo Event VOTE REQUIRED: 3/5 INTRODUCTION The City has received an application from the Aquinas Roman Catholic Home Education Services organization to conduct an excluded bingo event at St. Joseph’s Church, 17 1 Elm Street, Lino Lakes on March 9 , 2013 . BACKGROUND U nder Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly co nducts its activities is located within the city (St. Joseph’s Church). City policy requires a background investigation on the applicant and staff has conducted an investigation and found no reason to deny the application. The application, a certificate o f non -profit status from the Internal Revenue Service and the results of the background check are on file in the city clerk’s office. RECOMMENDAT ION Approve the app lication for the Aquinas Roman Catholic Home Education Services to Conduct Excluded Bin go Event . AGENDA ITEM 1 I STAFF ORIGINATOR: Julie Bartell , City Clerk MEETING DATE: January 28 , 201 3 TOPIC : Consider Adoption of Resolution No. 1 3 -15 Approving a n application for a Temporary On -Sale Liquor License for the Chain of Lakes Rotary Club VO TE REQUIRED: 3/5 INTRODUCTION The Chain of Lakes Rotary Club has scheduled a fundraising event to benefit the Lino Lakes YMCA for Summer Day Camp Scholarships. The event is scheduled for Saturday, April 6 , 201 3 to be h eld at St. Joseph’s Church, 171 Elm Street. The Chain of Lakes Rotary Club is requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License to allow a cash bar as part of their catered dinner. BACKGROUND T his type of license requires submission o f an application to the city , that the request meet s city ordinance requirements, and also that a background check be completed on the license applicant. Staff has reviewed the application and background and found no reason to deny the license. A copy of the application and the results of the background check are on file in the city clerk’s office. The license fee has been paid, and a Certificate of Liability Insurance as required by the Department of Public Safety, Alcohol & Gambling Division has been s ubmitted. RECOMMENDATION Approve Resolution No. 1 3 -1 5 approving the Chain of Lakes Rotary Club application for a temporary on -sale liquor license. ATTACHMENT Resolution No. 13 - 15 CITY OF LINO LAKES RESOLUTION NO. 1 3 -1 5 APPROVING CHAIN OF LAKES ROTARY CLUB APPLICATION FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE WHEREAS , Minnesota Statutes, Section 340 A , allows the city council to consider a temporary on -sale liquor licen se to a non -profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS , the Chain of Lakes Rotary Club has submitted an application to hold a fundraising event at St. Joseph Catholic Churc h, 171 Elm Street, on April 6 , 201 3 ; and WHEREAS , the Chain of Lakes Rotary Club has paid the required fee; and WHEREAS , the City of Lino Lakes has conducted a background check on the applicant ; and WHEREAS , the Alcohol & Gambling Enforcement Division requires the application be approved by the City of Lino Lakes City Council before being submitted for approval to the Liquor Control Board; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of the Chain of Lakes Rotary Club for a temporary on -sale liquor license. Adopted by the Council of the City of Lino Lakes this 28 th day of January, 2013 . The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly s econded 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 1J STAFF ORIG INATOR: Jeff Karlson MEETING DATE: January 28, 2013 TOPIC: Lease Agreement with North Memorial VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to cons ider approving a lease agreement between the City of Lino Lakes and North Memorial Health Care. BACKGROUND In 2010, the City was successful in securing a three -year lease agreement for space provided at Fire Station No. 2 for North Memorial’s ambulance s ervice . Prior to that, North Memorial had operated its ambulance service at Station No. 2 for a number of years without any cost. The agreement expired December 31, 2012. The lease agreement would be renewed for another three years. The terms of the le ase have not changed. North Memorial would continue to pay the City $676 per month. This does not include phone service, internet service, or garbage disposal. The lease also does not include operational costs, which is being paid directly to the Centen nial Fire District. Fire Chief Jerry Streich said there have been no problems with the current lease. North Memorial has already approved the agreement. RECOMMENDATION Staff recommends approval of the new three -year lease agreement. ATTACHMENTS Lease Agreement CLOSED COUNCIL SESSION January 7, 2013 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : January 7, 2013 6 TIME STARTED : 8:54 p.m. 7 TIME ENDED : 9:27 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Stoesz , 9 Roeser , O’Donnell and Mayor Reinert 10 MEMBERS AB SEN T : none 11 12 St aff present: Community Development Director Michael Grochala; Economic 13 Development Coordinator Mary Alice Divine; City Attorney Joseph Langel 14 15 Mayor Reinert called the meeting to order at 8:54 p.m. in the Community Room at Lino 16 Lakes Ci ty Hall. 17 18 The meeting was convened as a closed session of the city council pursuant to the Open 19 Meeting Law for t he express purpose of discussing purchase of real property . 20 21 The meeting was recorded as required. 22 23 Th e meeting was adjourned at 9:27 p.m. 24 25 The se minutes were considered, corrected and approved at the regular Council meeting held on 26 January 28, 2012 . 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert , Mayor 32 33 CITY COUNCIL AGENDA ITEM 3 A STAFF ORIGINATOR: Julie Bartell , City Clerk MEETING DATE: January 28 , 201 3 TOPIC Consider Resolution 1 3 -14 , Approving Off -Sale Intoxicating Liquor and Tobacco License for Metro Wine and Spirits, LLC VOTE REQUIRED : 3/5 INTRODUCTION Metro Wine and Spirits, LLC is proposing to open an off -sale intoxicating liquor store to be located at 6013 Hodgson Road, Lino Lakes . Metro Wine and spirits, LLC has submitted an application to the city requesting an On -Sale Liqu or and Tobacco License. BACKGROUND The license application s have been reviewed by city staff and fees have been paid . T he Lino Lakes Police Department has conducted the required background investigation on the members of the corporation and reports no information that would prevent issuance of a liquor license . In accordance with the Lino Lakes Code of Ordinances, Section 701 re lating to Liquor Licensing, the application requires approval by the City Council. The code also requires that opportunity s hall be given to any person to be heard for or against the gran ting of the license. A representative of Metro Wine and Spirits, LLC will be present at the council meeting. If local approval is granted, the applicatio n for an off -sale license will be for warded to the Minnesota Alcohol & Gambling Enforcement Division for review and t he applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, state and federal government. RECOMMENDATION Approve Resolution No . 1 3 -14 , Approving an Off -Sale Liquor and Tobacco License for Metro Wine and Spirits , LLC . ATTACHMENT Resolution No. 13 -1 4 CITY OF LINO LAKES RESOLUTION NO. 1 3 -14 APPROVING ISSUANCE OF AN OFF -SALE INTOXICATING LIQUOR AND TOBACCO LICENSE TO METRO WINE AND SPIRITS, LLC WHEREAS, Metro Wine and Spirits, LLC has subm i tted an application for a n off -sale intoxicating liquor and t obacco license at 6013 Hodgson Road in Lino Lakes ; and WHEREAS, city staff has reviewed said application and determined that the request meets the requirements of the City Code and Minnesota State Statutes for the type of licenses requested; and WHEREAS , the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS , the applicant has provide d p roof of insurance as required and has paid the necessary fees; and WHEREAS, the Alcohol & Gambling Enforcement D ivision requires the application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board and will receive final approval upon completion of their inspection ; NOW, THEREFORE BE IT RESOLVED that T he City Council o f T he City of Lino Lakes hereby approves a n off -sale intoxicating liquor and tobacco license for Metro Wine and Spirits, LLC subject to compliance to all the provisions and conditions of the laws of the city, stat e and federal government. Adopt ed by the Council of the City of Lino Lakes this 28 th day of January , 201 3 . 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 3 B STAFF ORIGINATOR: Julie Bartell , City Clerk MEETING DATE: January 28 , 201 3 TOPIC Consider Resolution 13 -16, Approving On -Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor License for Hammerheart, LLC. VO TE REQUIRED: 3/5 INTRODUCTION Hammerheart , LLC is in the process of opening a new brewery at 7785 Lake Drive, Lino Lakes . As part of their brewery operations, the brewery owners would like to offer their product for on -sale in a taproom and off sale as growlers. Therefore they have s ubmitted an application to the ci ty requesting the On -Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor License . BACKGROUND T he Lino Lakes Police Department has conducted the required background investigati on on the members of the corporation and reports no information that would prevent issuance of the license . The license application ha s been reviewed by city staff. T he approval of the license is contingent on Hammerheart, LLC having all necessary paperw ork completed with the city following all city ordinances and state building codes . In accordance with the Lino Lakes Code of Ordinances, Section 701 re lating to Liquor Licensing, the application requires approval by the City Council. The code also requ ires that opportunity shall be given to any person to be heard for or against the gran ting of the license. A representative of Hammerheart, LLC will be present at the council meeting. If local approval is granted, the applicatio n for On -Sale Brewer Tapr oom and Off -Sale Growler Intoxicating Liquor License will be forwarded to the Minnesota Alcohol & Gambling Enforcement Division for review and t he applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, sta te and federal government. RECOMMENDATION Approve Resolution No . 1 3 -1 6 , Approving On -Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor License for Hammerheart, LLC . CITY OF LINO LAKES RESOLUTION NO. 1 3 -1 6 APPROVING ISSUANCE OF AN ON -SALE BREWER TAPROOM AND OFF -SALE GROWLER INTOXICATING LIQUOR LICENSE FOR HAMMERHEART, LLC WHEREAS, Hammerheart, LLC has subm i tted an application for a n on -sale brewer taproom and off -s ale growler intoxicating liquor license for a facility located at 7785 Lake Drive in Lino Lakes ; and WHEREAS, city staff has reviewed said application and determined that the request meets the requirements of the City Code and Minnesota State Statutes fo r the type of licenses requested; and WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS , the applicant has provide d proof of insurance as required and has paid the necessary fees; and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board and will consider final approval upon completion of their inspecti on ; NOW, THEREFORE BE IT RESOLVED that T he City Council o f T he City of Lino Lakes hereby approves a n on -sale brewer taproom and off -sale growler intoxicating liquor license for Hammerheart, LLC subject to compliance to all the provisions and conditions of the laws of the city, stat e and federal government. Adopted by the Council of the City of Lino Lakes this 28 th day of January , 201 3 . The motion for the adoption of the foregoing resolution was introduced by Council Member_____________and was duly second ed 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 6 A i STAFF ORIGINATOR : Michael Grochala, Community Development Director MEETING DATE : January 28 , 20 13 TOPIC : Consider Resolution 13 -11 , Accepting Petition and Waiver Agreement from CM Properties 14, LLP , Otter Lake Road Im provement Project VOTE REQUIRED : 3/5 Vote Required INTRODUCTION Staff is requesting Council acceptance of a petition and waiver agreement from CM Properties 14, LLP, agreeing to assessments and right -of -way dedication for the Otter Lake Road improveme nt project . BACKGROUND CM Properties 14, LLP is the own er of land abutting the Otter Lake Road improvement project. The owner originally submitted a petition requesting the proposed improvements in March of 2011. The agreement allows for the City to le vy against the s ubject p roperty the lesser of $374,500 or 50% of the actual cost of the Improvement Project plu s $80,000. The $80,000 is intended to cover a portion of any gap between available funding and project costs. The agreement provides for repaym ent of $80,000 to CM Properties in the form of a trunk utility credit when public trunk utilities are extended across the balance of the property. The agreement also provides for the dedication, at no cost to the city, permanent right -of -way and tempora ry easements necessary for the construction of the improvements on their property. RECOMMENDATION Staff recomme nds adoption of Resolution 13 -11 . ATTACHMENTS 1. Resolution 13 -11 CITY OF LINO LAKES RESOLUTION NO. 13 -11 RESOLUTION ACCEPTING PETITION AND W AIVER AGREEMENT OTTER LAKE ROAD IMPROVEMENT PROJECT CM PROPERTIES 14, LLC WHEREAS, pursuant to Resolution No. 12 -58 adopted by the City Council on June 25, 2012, the City Engineer has prepared plans and spec ifications , with reference to Otter Lake Road ; a nd WHEREAS , plans for Project No. S.A.P. 210 -114 -001which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements have been pre pared and presented to the City (hereinaft er referred to as the “Improvement Project”); and WHEREAS , CM Properties 14, LLC is the owner of certain real property in the City abutting said Improvement Project; and WHEREAS , the Owner wishes the City to construct the Improvement Project without noti ce of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy up to $374,500 of the cost of the Improvement Project against the Subject Property; and WHEREAS , the Improvement Project requires that the City obt ain certain portions of the Owner’ property for street right -of -way, temporary construction easements and drainage and utility easements; and WHEREAS , the Owner wishes to donate to the City the necessary right -of -way and easements to provide for the cons truction of said Improvement Project; and WHEREAS , the City is willing to construct the Improvement Project without certain notices or hearings, provided the assurances and covenants , attached hereto as Exhibit A, are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project and that all necessary right -of -way and easements are provided to the City at no cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. The City accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. 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 vo ted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6 A i i STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : January 28 , 20 13 TOPIC : Consider Resolution 13 -06, Approving Plans and Specifications and Authorize Advertisement for Bids, Otter Lake Road Improvement Pro ject VOTE REQUIRED : 3/5 Vote Required INTRODUCTION WSB & Associates have completed the final plans for the Otter Lake Road improvement project. Staff is requesting Council approval of the Otter Lake Road Plans and & Specifications and authorization t o advertise for bids. BACKGROUND The background and corresponding dates for this project to date are as follows: City Council initiated the preparation of a feasibility study May 23, 2011 City Council received the feasibility study and ordered a publ ic hearing January 9, 2012 City Council held public hearing on the proposed improvement February 13, 2012 City Council authorized special benefit study and appraisals February 27, 2012 City Council authorized the preparation of plans and specificatio ns March 12, 2012 City Council ordered the improvement June 25, 2012 A n esti mated total cost for this project is $732,500 . This estimate includes construction, t he right - of -way acquisition , and soft costs including finance, legal, administrative, and engineering costs. The project is proposed to be primarily funded through assessments to bene fitting property owners. Approximately $80,000 of Municipal State Aid funding has been identified for contingency purposes to address any portion of the proje ct not covered by assessments. The anticipated schedule for this project moving forward is as follows: City Council Appro ves Plans and Specifications January 28, 2013 City Council Author izes Ad for Bids January 28, 2013 Open Bids February 27, 2013 City Coun cil Awards Contract March 11 , 2013 Title and Possession of Right of Way April 29, 2013 Construction Begins May 1, 2013 Construction Complete June 30, 2013 RECOMMENDATION Staff recomme nds adoption of Resolution 13 -06 . ATTACHMENTS 1. Resolution 13 -06 2. Construction Plans CITY OF LINO LAKES RESOLUTION NO. 13 -06 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERST ISEMENT FOR BIDS – OTTER LAKE ROAD IMPROVEMENT PROJECT WHEREAS, pursuant to Resolu tion No. 12 -58 adopted by the City Council on June 25, 2012, the City Engineer has prepared plans and spec ifications , with reference to Otter Lake Road ; and WHEREAS , plans for Project No. S.A.P. 210 -114 -001which include improvements by the extension of st reet, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements have been prepared and presented to the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. Such plans and spec ifications, a copy of which are made part hereof , are her eby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engine er, will then be tabulated, and will be considered by the Council at 6:30 p.m. on February 27, 2013 , in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to ad dress the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ a nd upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Cle rk CITY COUNCIL AGENDA ITEM 6 A ii i STAFF ORIG INATOR: Jason C. Wedel, City Engineer MEETING DATE: January 28, 2013 TOPIC: Consider Resolution 13 -09, Authorizing City Acquisition of Right -of Way, Otter Lake Road Extensi on Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to authorize acquisition of land for the Otter Lake Road Extension Project . BACKGROUND On May 23, 2011 the City Council authorized preparation of a feasibility st udy for the proposed improvements. The study was received by the Council on January 9, 2012. A public hearing on the proposed improvements was held on February 13, 2012. The Council took action at the February 27, 2012 meeting to authorize the preparati on of a special benefit study and land acquisition appraisals. On March 12, 2012 the Council approved Resolution No. 12 - 27 authorizing preparation of plans and specifications. The City Council took action on June 25, 2012 to order the improvement. On N ovember 26, 2012 the City Council authorized the City Community Development Director and the City Attorney to make offers and negotiate the acquisition of land and easements necessary for the making of the improvement. The right -of -way required from CM Pr operties is being dedicated to the City, at no cost, as part of the petition and waiver agreement. To date, no agreement has been reached with the other land owner. State law provides authority for cities to acquire property for public purpose through t he use of eminent domain. Since the City’s efforts to acquire the property through direct purchase have been unsuccessful it is now necessary to pursue utilizing eminent domain. Based on the appraisal report , the total land value being considered for acq u isition is $51,200, which can be broken down as $49,800 for permanent roadway easement and $1,400 for temporary easements . RECOMMENDATION Staff is recommending approval of Resolution No. 13 -09. ATTACHMENTS 1. Resolution 13 -09 2. Easement Exhibit CITY OF LI NO LAKES RESOLUTION NO. 13 -09 RESOLUTION AUTHORIZING THE CITY’S ACQUISITION OF RIGHT -OF -WAY FOR THE OTTER LAKE ROAD EXTENSION PROJECT WHEREAS, the City of Lino Lakes (the “City”) proposes to construct an extension of Otter Lake Road from CSAH 14 north a pproximately 400 feet which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements; and WHEREAS , the City’s acquisition of interests in real property legally described on the attached exhibit identified as Parcel 2 (the “subject property interests”) is required to complete the road extension project; and WHEREAS, timely acquisition of title to and possession of the subject property interests by the City is one of many f actors necessary to accomplish the purposes of the road extension project; and WHEREAS, the Lino Lakes City Council desires that the City begin construction of the road extension project promptly in the spring of 2013; and WHEREAS, the Lino Lakes City Co uncil has attempted to acquire the subject property interests through negotiation of direct purchase agreements with the owners thereof for required easements; and WHEREAS, the efforts by the City of Lino Lakes to acquire the subject property through nego tiation of direct purchase agreement have failed and it has become necessary to acquire the subject property interests through the condemnation authority granted by the City in the Minnesota Statues; and WHEREAS, to begin construction of the Project in th e spring of 2013, the City will require title and possession of the subject property interests prior to the filing of an award by the court appointed commissioners pursuant to the provisions of Minnesota Statutes, Section 117.042: NOW, THEREFORE, BE IT FU RTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 1. The City Attorney is authorized to initiate eminent domain proceedings on the City’s behalf, including but not limited to, proceedings pursuant to Minnesota Statutes, Section 1 17.042, necessary to timely acquire the subject property interests, and to take such other actions and initiate such other proceedings as may be advisable in furtherance of the City’s authority under law. 2 . It is hereby found and determined that the tak ing of the subject property interests through eminent domain proceedings is reasonably necessary or convenient, in furtherance of a proper public use and public purpose in accordance with Minnesota Statutes, Section 117.012, Subdivision 2, that public use and public purpose being the construction of the Otter Lake Road Extension Project. 3 . It is hereby found and determined that the acquisition of the subject property interests must be completed by the City before commissioners to be appointed in a condem nation action pursuant to Minnesota Statutes, Chapter 117 can reasonably be expected to make a determination as to the award of just compensation for the acquisition of the subject property interests and that timely acquisition of the subject property inte rests is important for the City to meet anticipated construction sche dules for the Otter Lake Road Extension P roject. 4 . City staff, its agents and legal counsel shall continue to have the authority to negotiate for the purchase of all property rights an d interests in the Property necessary to be acq uired for the Otter Lake Road Extension P roject at any time prior to the final resolution of any eminent domain proceeding initiated on the City’s behalf under the authority of this Resolution, subject to fina l approval of this City Council of any agreement for the purchase of such property rights or interests. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolution was introduc ed 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 6A iv STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DATE: January 28 , 201 3 TOPIC: Consider Resolution No. 13 -10 , Approving No Parking Designation, Otter Lake Road VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting the City Council approve a no parking designation for th e sections of Otter Lake Road included in the proposed roadway extension project in compliance with State Aid Rules. BACKGROUND: Final design has been completed for the improve ments of the Otter Lake Road Extension Project . Construction is anticipated to start in the spring of 2013 . Based on the roadway design and State Aid Rules on -street parking will not be allowed on the roadway s. As part of the project approvals the Minne sota Department of Transportation requires the local jurisdiction to designate this restriction. The designation for Otter Lake Road will apply Main Street (CSAH 14 ) to 400 feet to the north. RECOMMENDATION Staff is recommending adoption of Resolution s No. 13 -10, Approving the No Parking Designation for Otter Lake Road. ATTACHMENTS 1. Resolution No. 13 -10 CITY OF LINO LAKES RESOLUTION NO. 13 -10 APPROVING NO PARKING RESTRICTION ON BOTH SIDES OF OTTER LAKE ROAD FROM MAIN STREET (CSAH 14) TO 400 FEET NOR TH OF MAIN STREET (CSAH 14), S.A.P.: 210 -114 -001 WHEREAS, The City has planned the improvements of Otter Lake Road from Main Street (CSAH 14) to 400 feet north of Main Street (CSAH 14) ; and WHEREAS , the City of Lino Lakes has ordered the project for th e Otter Lake Road Street and Utility Improvements; and WHEREAS , the City of Lino Lakes will be expending Municipal State Aid System funds on improvements to Otter Lake Road; and WHEREAS, this improvement does not provide adequate width for parking on bo th sides of the street; and approval of the proposed construction as a Municipal State Aid project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: T hat the City shall ban the parking of motor vehic les on both sides of Otter Lake Road from Main Street (CSAH 14) to 400 feet north of Main Street (CSAH 14) at all times. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. 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 aga inst same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6 A v STAFF ORIGINATOR: Michael Grochala MEETING DATE: January 28, 2013 TOPIC: Consideration of Resolution No. 13 -08 , Declare Intent to Bond. Otter Lake Road Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION The improvement project to extend Otter Lake Road is planned to commence in summer of 201 3 . Staff is requesting council approval to declare the City’s intent to bond for the proposed improvements. BACKGROUND The Otter Lake project was initiated by the C ity Council in May of 2011. The estimated project cost is $732,500 . WSB and Associates have completed the preparation of plans and the city has begun the land acquisition process. The project is proposed to be funded by special assessments and finance d by the issuance of General Obligation Improvement Bonds. The Internal Revenue Code requires c ities to declare their intent to reimburse project costs from bond proceeds prior to encumbering project costs. P reliminary expenditures such as architectural, engineering, surveying, bond issuance, and similar costs are exempt from this provision . This is a non -binding declaration that must take place in order to finance projects in this manner. RECOMMENDATION Staff is recommending adoption of Resolution N o. 13 -08 . ATTACHMENTS 1. Resolution No. 13 -08 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 1 3 -08 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREA S, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the “Reimbursement Regulations”) providing that proceeds of tax -exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax -exempt bond; WHEREAS, the City has determined to make this declaration of official intent (“Declara tion”) to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake improvements to Otter Lake Road (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $732,500 . All reimbursed expenditures will be capital ex penditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150 -2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “pre liminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The ter m “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation , and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expendit ures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to b e, reserved, allocated on a long -term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the R eimbursement Regulations. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon v ote 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 6 B STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : January 28, 2013 TOPIC : Consider Resolution No. 13 -05 Approving Pay Request 3 F (Final) and Compensating Change Order No. 2, Otter Lake Service Road Culvert Re placement VOTE REQUIRED : 3/5 BACKGROUND On May 23, 2011, the City Council approved awarding a contract to Arnt Construction for the replacement of a failed culvert beneath the Otter Lake Service Road for an original contract amount of $98,254.00. On April 9, 2012, the City Council approved Change Order No. 1 in the amount of $5,450 to replace the existing guard rails that were deteriorated and could not be reused. The contractor is requesting Ci ty approval of Payment Request 3 F (Final) in the amount of $5,118.81. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with t he request for Final Payment is Compensating C hange Order No. 2 in the amount of ($1,407.76 ). A copy of both this change order is attached. With this change order, the fin al project amount is $102,300.24 . Compensatin g Change Order No. 2 is a deduct ion to the contract due to the construction quantities coming in below the engine er’s estimate. The original contract amount was $98,254.00 and the revised contract, as proposed with the change order, is $102,300.24 which equates to an increase of $4,046.24. Approval of the Final Payment will begin the two year warranty period. RECO MMENDATION Approve Resolution 13 -05 , Approving Pa yment Request No. 3F (Final) and Compe nsating Change Order No. 2 , Otter Lake Service Road Culvert Replacement . ATTACHMENTS 1. Resolution 13 -05 2. Pay Request No. 3 & Final 3. Change Order No. 2 CITY OF LINO LA KES RESOLUTION NO. 13 -05 APPROVING PAYMENT REQUEST NO. 3 F (FINAL) AND COMPE NSATING CHANGE ORDER NO. 2 , OTTER LAKE SERVICE ROAD CULVERT REPLACEMENT WHEREAS, pursuant to the resolut ion of the Council adopted May 23 , 2012 , aw arding the contract for the Otte r Lake Service Road Culvert Replacement to Arnt Construction, Inc.; WHEREAS , a complete breakdown is detail ed in Payment No. 3 F (Final) and Compensating Change Order No. 2 ; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota tha t Pa yment Request No. 3F (Final) and Co mpensating Change Order No. 2 is approved for a fin a l contract amount of $102,300.24 . Adopted by the City Council of Lino Lakes, Minnesota this 28th day of January, 2013 . 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 Re inert, Mayor ATTEST: Julie Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DATE: January 28, 2013 TOPIC: Consideration of Resolution No. 13-13 Approving Plans & Specifications, CSAH 14 Pedestrian Bridge over I- 35W VOTE REQUIRED Simple Majority INTRODUCTION Staff is requesting council action to approve the plans for the pedestrian bridge. The improvements include the installation of a pedestrian bridge over I-35W and minor trail construction on either side. The project schedule is as follows: January 28, 2013 Approve Plans June, 2013 Open Bids July, 2013 Start Construction November, 2013 Construction Complete BACKGROUND Anoka County authorized the final design preparation of plans and specifications for the CSAH 14 pedestrian bridge over I-35W. The final design has been completed, reviewed and approved by the City, Anoka County and the Minnesota Department of Transportation (Mn/DOT). The estimated construction cost is $1,095,384, which does not include engineering, legal, fi nancing, or administrative costs. Funding for the project is being partially provided by a Federal Transportation Enhancement grant obtained by Anoka County and the balance is being funded directly by the County. The County has requested City participation; however, we currently do not have funding available for this type of project. If the County cannot identify funding sources for 100% of the project it is possible that the project might not proceed. The improvements include the construction of the bridge as well as the extension of a trail south to tie into the existing trail at Woodland Drive and the extension of a trail north that will terminate at Rondeau Lake Road. City staff is currently reviewing alignment options and costs estimates for continuing the trail west along Main Street to Lake Drive. Once the necessary information is obtained for that segment of trail the results will be brought back to the City Council for discussion. RECOMMENDATION Staff is recommending adoption of Resolu tion No. 13 -13 approving plans and specifications . ATTACHMENTS 1. Resolution No 13 -13 2. Construction Plans CITY OF LINO LAKES RESOLUTION NO. 13 -13 RESOLUTION ACCEPTING THE PLANS AND SPECIF ICATIONS CSAH 14 PEDESTRIAN B RIDGE OVER I -35W IMPROVEMENTS STATE AID PROJECT NO. 0 02 -6 14 -035, 0280 -71 WHEREAS , plans for Project No. S.A.P. 002 -614 -035 showing proposed pedestrian bridge improvements of I -35W as a County State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY TH E CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which are made part hereof, are hereby approved. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. 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