HomeMy WebLinkAbout02-11-13 Council Packet
EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday , February 11 , 201 3
***********
City Council Meeting
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
C ITY 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
Charlie Swanson, 1210 Buckthorn Lane, brought forw ard his concern about
the problem of owners not picking up after their pets; Council will discuss
animal regulations at a future work session
Setting the Agenda: Addition or deletion of agenda items
The agenda was amended to remove Item 6A (to be discussed at a future
meeting
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) February 11, 2013 (Check No. 95101 through 95159) in the
amount of $165,681.14;
ii) Centennial Fire District (Check No. 5672 through
5681) in the amount of $77,918.11 );
B) Consider approval of January 28, 2013 Work Session Minutes
C) Consider approval of January 28, 2013 Council Meeting Minutes
D) Consider Resolution No. 13-17, Authorizing special event permit for a
Snow Golf event at Trappers Bar & Grill on February 23-24, 2013
Acti on Taken: Motion by Rafferty, seconded by Stoesz ,
to approve the Co ns ent Agenda, Items 1A through 1D as
presented, was adopted
2. FINANCE DEPARTMENT
No report
3. ADMINISTRATION DEPARTMENT
A) Consider Approval of 1 st Reading of Ordinance No. 06-12, Granting a
Nonexclusive Gas Franchise to CenterPoint Energy, Jeff Karlson
Action Taken: Motion by O’Donnell, seconded by Roeser, to approve
the first reading of Ordinance No. 06-12, as presented, was adopted
4. P UBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution No. 13 -20, Authorizing Special Legislation for Transfer
of Tax Forfeited Property, Legacy at Woods Edge, Mary Divine
Removed from agenda
B) Consider Resolution No. 13-21, Approving Joint Powers Agreement with
Anoka County, I-35W Pedestrian Bridge, Michael Grochala
Action Taken: Motion by Rafferty, seconded by Stoesz,
to approve Resolution No. 13-21, as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Stoesz, to adjourn at 6:50 p.m.
Following adjournment of the regular meeting,
the council will reconvene to a closed session to discuss labor negotiations
Community Calendar – A Look Ahead
February 11, 2013 through February 25, 2013
Wednesday, February 13 6:30 pm, Council Chambers Planning & Zoning
Thursday, February 21 6:30 pm, Community Room Charter Commission
Monday, February 25 5:30 pm, Community Room Council Work Session
Monday, February 25 6:30 pm, Council Chambers City Council Meeting
CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1
Check Issue Dates: 1/20/2013 - 2/1/2013Feb 01, 2013 03:39PM
Report Criteria:
Report type: Summary
GLCheckCheckVendorDescriptionCheck
PeriodIssue DateNumberNumberPayeeAmount
01/1301/22/20135672120450CITY OF LINO LAKESDEC REIMBURSEMENTS41,110.86M
02/1302/01/2013567360300FIRE SAFETY USA, INCAFG EQUIPMENT-GRANT30,137.14
02/1302/01/2013567470020 GASAWAY CONSULTING GROUSAF ETY PROGRAM TRAINING1,500.00
02/1302/01/2013567570578GRAING EREAR PLUGS1,531.28
02/1302/01/20135676110300KIRVIDA FIRE, INC2001 FREIGHTLINER MTC802.97
02/1302/01/20135677130440METRO FIRE, INCSCBA PARTS116.57
02/1302/01/20135678130827MN STATE COLLEGES & UNIVTRAINING SUPPLIES COURSE 777.73
02/1302/01/20135679160130PERFORMANCE PLUS LLCHEP VACCINES1,651.00
02/1302/01/20135680220200VERIZON WI RELESSCOMMUNICATIONS78.06
02/1302/01/20135681240200XTREME CUSTOM APPAREL &INSTRUCTOR SHIRTS212.50
Grand Totals:77,918.11
M = Manual Check, V = Void Check
CITY COUNCIL WORK SESSION January 28, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : January 28, 2013 4
TIME STARTED : 5:30 p.m. 5
TIME ENDED : 6:30 p.m. 6
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7
Rafferty , Roeser and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
11
Staff members present: City Administrator Jeff Karlson; City Engineer Jason Wedel; 12
Community Development Director Michael Grochala; City Planner Katie Larsen; Public 13
S afety Director John Swenson (arrived at 6:00 p.m.); City Clerk Julie Bartell 14
15
Review Regular Council Agenda of January 28, 2013 – The council reviewed and 16
discussed items on the regular council agenda as follows: 17
18
1F) Consider accepting for submittal of P ay Equity Implementation Report – 19
Administrator Karlson explained that the city’s report on pay equity is due to the State at 20
the end of the month. The results of the report prepared by Mr. Karlson indicate a small 21
level of non -compliance that will be rec tified according to discussions he has had with the 22
mayor. Coun cil Member O’Donnell commented on his concern that the city is required 23
to contract with the labor unions and still adhere to the pay equity standards and it seems 24
to create difficulties. The mayor suggested that when the council negotiates contracts in 25
the future, this report should be a part of the considerations. 26
27
At the regular meeting, the council will consider accepting the report for submittal to the 28
State. 29
30
1J) Lease Agreement with No rth Memorial Health Care – Council Member Stoesz 31
asked if the proposed agreement for space provided at the Fire Station for ambulance 32
services is a fair arrangement and Administrator Karlson indicated that it is. The mayor 33
added that a broader discussion about emergency services will be forthcoming in the 34
future. 35
36
6Ai) Re solution No. 13 -11, Petition and Waiver Agreement from CM Properties 14, 37
LLP relative to the Otter Lake Road Improvement Project – Community 38
Development Director Grochala explained the fi nancing proposed for the Otter Lake 39
Road improvement s , noting that this item provides for one of the property owners to sign 40
off on the assessments. He distributed a copy of the proposed petition and waiver 41
agreement. It includes some gap funding that wi ll be repaid to the property owner in the 42
form of a truck utility credit. 43
44
CITY COUNCIL WORK SESSION January 28, 2013
DRAFT
2
6Aii) Resolution No. 13 -06, Plans and Specification s and Advertise for Bids for the 45
Otter Lake Improvement Project – Community Development Director Grochala 46
explained that staff has completed the plan documents for a project starting in spring. 47
This project is at a point where it is time to move or not move ahead. There is a proposal 48
for a fast food restaurant already in place. Regarding the assessments, one property 49
owner ha s chosen not to sign on at this time. The cost framework was reviewed and he 50
noted a financing gap of about $80,000 past the assessments and extra funds from CSA. 51
That gap may need to be covered by Municipal State Aid (MSA). T he entire project cost 52
is M unicipal State Aid (MSA) eligible, however, since the city’s current MSA is totally 53
committed to the interchange projects for at least ten years , c osts charg ed to that would be 54
paid back when that is possible. There is one property owner from whom prope rty 55
s hould be acquired but who has not responded to a request for purchase. That is why 56
staff is looking at eminent domain, just in case an agreement on the property isn’t 57
reached. Council Member Roeser noted that it is clear to everyone that the road wi ll be 58
built and should be. Staff discussed the eminent domain process and the mayor 59
recogniz ed that it is a process that is necessary and a standard in a case like this. The 60
council discussed the possibility of a park and ride on one of the quadrants and Mr. 61
Grochala noted that the Metro Council may be looking at a petition and waiver on that 62
soon. In addition, Mr. Grochala noted that some sanitary sewer is being run into the area 63
to serve Main Stree t properties and more so it allows for so me additional property . He 64
summarized the following 6A items that also relate to the Otter Lake Road project. 65
Council Member O’Donnell asked if there is risk associated with the gap financing and 66
Mr. Grochala explained the scenario and what staff has done to make the fin ance plan as 67
solid as possible including a n up front assessment benefit test. 68
69
6Aiii) Resolution No. 13 -09, Acquisition of Right of Way; 70
6Aiv) Resolution No. 13 -10, Restriction of Parking; 71
6Av) Resolution No. 13 -08, Declaring Intent to Bond 72
73
6B) R esolution No. 13 -05, Pay Request 3F (Final) and Compensating Change Order 74
No. 2 for the Otter Lake Service Road Culvert Replacement – City Engineer Wedel 75
explained that this 2011 project is complete and this would be the final payment. There 76
were some cos ts under estimate and some additi onal work with associated costs; the 77
result is the amount of the change order. 78
79
6C) Resolution No. 13 -13, Plans and Specifications for the CSAH 14 Pedestrian 80
Bridge over I -35W – City Engineer Wedel reported that the resolu tion provides local 81
approval to a federally funded Anoka County project to construct a pedestrian/bicycle 82
bridge. The city has no financial obligation to the project. The bridge will tie into the 83
regional trail and possibly a future trail on the north. The city will have maintenance 84
(plowing) responsibility. 85
86
87
88
89
90
CITY COUNCIL WORK SESSION January 28, 2013
DRAFT
3
The meeting was adjourned at 6:25 p.m. 91
92
These minutes were considered, corrected and approved at the regular Council meeting held on 93
February 13, 2012. 94
95
96
97
98
Julianne Bartell, Ci ty Clerk Jeff Reinert , Mayor 99
100
COUNCIL MINUTES January 28, 201 3
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : January 28 , 2013 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 7:10 p.m. 7
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8
Roeser , and Mayor Reinert 9
MEMBERS ABSENT : 10
11
Staf f members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 12
Grochala; City Planner Katie Larsen; Finance Director Al Rolek; City Engineer Jason Wedel; Chief 13
of Police John Swenson; and City Clerk Julie Bartell 14
15
PUBLIC COMMEN T 16
17
No one wa s present to address the council regarding a matter not on the agenda. 18
19
SPECIAL PRESENTATION 20
21
Jam Kreminski, Interim Board of Directors Chair for Centennial Area Education Foundation. 22
Mr. Kreminski explained that the foundation is a totally vo luntary association that supports the 23
education of Centennial students. They provide grants and scholarships. They have two major 24
fundraisers coming up – March 2, 2013 at Bunker Hills Golf Course beginning at 6:00 p.m. (silent 25
and live auction); and a wine tasting event in the fall at the Infinite Campus. He encourages people to 26
attend and support the foundation. The mayor responded that the city will assist in getting the word 27
out about the events. 28
29
SETTING THE AGENDA 30
31
The agenda was approved as pres ented. 32
33
CONSENT AGENDA 34
35
Council Member Roeser moved to a pprove the Consent Agenda, Items 1A through 1K . Council 36
Member O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 37
38
ITEM ACTION 39
40
Consideration of Expenditures: 41
42
January 28, 2013 (Check No. 95009 – 43
95100 , $328.659/86 ) Approved 44
45
COUNCIL MINUTES January 28, 201 3
DRAFT
2
Centennial Fire District (Check No. 5651 - 46
5671 , $16,433.76 ) Approved 47
48
January 7 , 20 13 Council Work Session Minutes Approved 49
50
January 14, 2013 Council Meetin g Minutes Approved 51
52
Resolutio n No. 13 -07, Application for an Exempt Charitable 53
Gambling and Temporary On -Sale Liquor License for 54
the Lino Lakes Lions Club Approved 55
56
Resolution No. 13 -08, Issuance of 2013 Certificates 57
Of Indebtedness Approved 58
59
Acceptance for submittal of Pay E quity Implementation 60
Report Approved 61
62
Application for Exempt Permit from Lawful Gambling 63
License (Raffle) for Chair of Lakes Rotary Approved 64
65
Application of Aquinas Roman Catholic Home Education 66
Services to conduct an excluded bingo event on March 9 at 67
St. Joseph’s Church 68
69
Resolution No. 13 -15, Application for a Temporary On -Sale 70
Liquor License for the Chair of Lakes Rotary Club Approved 71
72
Lease Agreement with North Memorial Health Care Approved 73
74
January 7, 2013 Closed Council Session Minutes App roved 75
76
FINANCE DEPARTMENT REPORT 77
78
There was no report from the Finance Department. 79
80
ADMINISTRATION DEPARTMENT REPORT 81
82
3A) Resolution No. 13 -14, Off Sale Intoxicating Liquor and Tobacco License for Metro Wine & 83
Spirits , LLC – City Clerk Bartell reported t hat t he city has received an application for an off -sale 84
liquor and tobacco license for Metro Wine & Spirits , LLC . The applicants propose to open their store 85
at 6013 Hodgson Rd, a former liquor store location. The application process is complete, the rel ated 86
fees have been paid and insurance information has been provided to the City as required. She noted 87
that one applicant is present in the audience this evening in order respond to any questions . 88
89
COUNCIL MINUTES January 28, 201 3
DRAFT
3
In accordance with the Lino Lakes Code of Ordinances, t his application requires approval by the City 90
Council. The ordinance also requires that opportunity be given to any person wishing to be heard for 91
or against the granting of the license. 92
93
Council Member Rafferty moved to approve Resolution No. 13 -14 as presented. Council Member 94
Stoesz seconded the motion. Motion carried on a unanimous voice vote. 95
96
3B) Resolution No. 13 -16, On -Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor 97
License for Hammerheart, LLC – City Clerk Bartell reported that t he city has received an 98
application for an on -sale taproom and off -sale growler license for Hammerheart brewery. This is a 99
new brewery facility that will open soon at 7785 Lake Drive. The application process is complete, the 100
related fees have been paid and insurance information has been provided to the City as required. 101
T his application requires approval by the City Council. The applicants a re present to answer any 102
questions. 103
104
Council Member Roeser moved to approve Resolution No. 13 -16 as presented. Council Member 105
Rafferty seconded the motion. Motion carried on a unanimous voice vote. 106
107
PUBLIC SAFETY DEPARTMENT REPORT 108
109
There was no report from the Public Safety Department. 110
111
PUBLIC SERVICES DEPARTMENT REPORT 112
113
There was no report from the Public Servic es Department. 114
115
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 116
117
6A) Otter Lake Road Extension: Community Development Director Grochala reviewed the 118
following actions relating to the extension project. 119
120
i) Resolution No. 13 -11, Accepting a Waiver Agreement from CM Properties for 121
Assessments – One of t he abutting property owners is entering this agreement to waive certain 122
assessment procedures. The agreement also contains provisions for gap funding that will be refunded 123
to the property owner through trunk u tility credit. 124
125
Council Member O’Donnell moved to approve Resolution No. 13 -11 as presented. Council Member 126
Roeser seconded the motion. Motion carried on a unanimous voice vote. 127
128
ii) Resolution No. 13 -06, Plans and Specifications and Advertisement fo r Bids – City 129
Engineer Wedel reported on the approvals requested on plans, specification s and advertisement for 130
bids for the project. He reviewed the schedule that has brought the project this far. He showed the 131
project on a map, including planned utilit ies and storm water improvements. The total cost of the 132
project was reviewed and planned assessments indicated. There may be a funding gap that would be 133
filled with future MSA funding. If the council approves the plans, bids will be received and opened 134
COUNCIL MINUTES January 28, 201 3
DRAFT
4
in February, with contract approval in March. A portion of right -of -way acquisition may require the 135
use of eminent domain. Council Member Stoesz asked about the temporary pond and what safety 136
precautions will be taken as well as how the public will b e notified that it is temporary. Staff 137
e xplained that a fence around the pond is planned and a sign will be considered . 138
139
Council Member Roeser moved to approve Resolution No. 13 -06 as presented. Council Member 140
O’Donnell seconded the motion. Motion car ried on a unanimous voice vote. 141
142
iii) Resolution No. 13 -09, Acquisition of Right -of -Way – City Engineer Wedel explained 143
that the improvement was ordered in June 2012 and offers made for right of way after that time. One 144
property owner has concurred an d one property owner has not responded. To keep the project on 145
track and meet timeframes for the proposed development, it is now necessary for the city council to 146
authorize the use of eminent domain. An appraiser has provided valuation information and s taff is 147
now requesting that the city attorney proceed. Mayor Reinert explained where improvements are 148
proposed and suggested that nothing will happen in a very development ripe area without these 149
road/utility improvements. The people that own the land a re all businesspersons, want the 150
improvements and will benefit from the improvements. The city hopes to get the extension done and 151
he finds it to be appropriate. 152
153
Council Member O’Donnell moved to approve Resolution No. 13 -09 as presented. Council Member 154
Roeser seconded the motion. Motion carried on a unanimous voice vote. 155
156
iv) Resolution No. 13 -10, Restriction of Parking – City Engineer Wedel explained that 157
because there may be MSA funds included in the project, design plans must follow MSA 158
requiremen ts. This restriction of parking is a requirement. 159
160
Council Member Rafferty moved to approve Resolution No. 13 -10 as presented. Council Member 161
Stoesz seconded the motion. Motion carried on a unanimous voice vote. 162
163
v) Resolution No. 13 -08, Declaring Intent to Bond - Community Development Director 164
Grochala explained that the project is planned to be financed through the issuance of general 165
obligation bonds. This non -binding resolution follows federal regulations to allow that bonding. 166
167
Council Member Roeser moved to approve Resolution No. 13 -08 as presented. Council Member 168
O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 169
170
6B) Resolution No. 13 -05, Approving Pay Request 3F (Final) and Compensating Change Order 171
No. 2, for the Otter Lake Service Road Culvert Replacement – City Engineer Wedel reported that 172
this project to replace a deteriorated culvert was primarily completed in 2012. Staff is requesting a 173
final payment on the project that includes a change order. 174
175
Council Mem ber O’Donnell moved to approve Resolution No. 13 -05 as presented. Council Member 176
Rafferty seconded the motion. Motion carried on a unanimous voice vote. 177
178
COUNCIL MINUTES January 28, 201 3
DRAFT
5
6C) Resolution No. 13 -13, Approving Plans and Specifications for the CSAH 14 Pedestrian 179
Bridge over I -35W – City Engineer Wedel reviewed the plans for a pedestrian/bike bridge and 180
funding that will be provided by the federal government and Anoka County. The city is being asked 181
to consent to the improvements; there is no financial commitment for the cit y. 182
183
Council Member Roeser moved to approve Resolution No. 13 -13 as presented. Council Member 184
Rafferty seconded the motion. Motion carried on a unanimous voice vote. 185
186
UNFINISHED BUSINESS 187
188
There was no Unfinished Business. 189
190
NEW BUSINESS 191
192
There was no N ew Business. 193
194
COMMUNITY EVENTS 195
196
Sweetheart Party – Ages 8 years and under Friday, February 1, 6:30pm – 8:00pm., Centennial 197
Elementary School. DJ, Valentine craft, Valentine tattoo s, etc. Cost is $8 per child, one 198
accompanying adult free. Call the Lino La kes Parks and Recreation Department at 651 -982 -2440 for 199
further information. 200
201
COMMUNITY CALENDAR 202
203
Community Calendar – A Look Ahead 204
January 28 , 201 3 through February 11, 201 3 205
Monday , February 4 5:30 pm, Council Chambers Council Work Session 206
Monday, Feb ruary 4 6:30 p m, Community Room Park Board 207
Monda y, February 11 6:30 pm, Council Chambers City Council Meeting 208
209
ADJOURN 210
211
There being no further business, Council Member Rafferty moved to adjourn at 7:10 p.m. Council 212
Member Stoesz seconded the motion. Mo tion carried unanimously. 213
214
These minutes were considered and approved at the regular Council Meeting, February 11, 2013. 215
216
217
218
219
Julianne Bartell, City Clerk Jeff Reinert , Mayor 220
221
CITY COUNCIL
AGENDA ITEM 1 D
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: February 11 , 201 3
TOPIC : Consider Resolution No. 1 3 -17 , Authorizing
the issuance of a special event permit for
an Snow Golf on the lake event at Trapper ’s Bar & Grill
VOTE REQUIRED: 3/5
INTRODUCTION
Jeffrey Moore, owner of Trapper’s Bar & Grill, 6810 Lake Drive, has scheduled a special
event for Saturday and Sunday, February 23 and 24 , 201 3 . The event plans include a
snow golf course on adjacent Rice Lake with beverages and a recreational fire on the
back parking lot. This is the fourth year that Trapper’s has sponsored this event.
BACKGROUND
Mr. Moore has submitted to the City an application for a special event permit. The
application has been reviewed by staff, including the police and fire 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.
Background information on the applicant is on file at City Hall.
RECOMMENDATION
Approve Resolution No. 1 3 -17, Authorizing issuance of a special event permit to
Trappers Bar & Grill.
CITY OF LINO LAKES
RESOLUTION NO. 1 3 -17
AUTHO RIZING A SPECIAL EVENT FOR AN OUTDOOR EVENT AT
TRAPPERS BAR AND GRILL .
WHEREAS , the owner of Trapper’s Bar & Grill , 6810 Lake Drive, has submitted an
application for a special event permit ; and
WHEREAS , the event is planned for February 2 3rd and 2 4 th , 201 3 , from 8:00 a.m. to 10:00
p.m. and includes snow golf on Rice Lake and a recreational fire in the lower asphalt parking
lot; and
WHEREAS , as part of the event, the applicant would like to allow consumption of alcoholic
beverages in an area outside of but contiguous to their building; and
WHEREAS , the applicant has indicated that they hold a State Caterer’s Permit that allows
them to serve alcohol off their premises; and
WHEREAS , the applicant has indicate d that all patrons or memb ers attending the event will
receive a proper identification check to ensure no underage alcohol service will occur; and
WHEREAS , the Ce ntennial Fire District Chief has approved the plans for a recreational fire
with certain cond itions; and
WHEREAS , the Police Department has approved the application and event plans with certain
recommendations ; and
WHEREAS , the applicant has obtained a Ice Use Permit from the Anoka County Sheriff
allowing the event to occur on the lake; and
WH EREAS , proof of general liability and liquor liability insurance has been submitted by
th e applicant ;
N OW , T HEREFORE , B E I T R ESOLVED by The City Council of The City of Lino Lakes
hereby approves the request of Jeff Moore, owner of Trapper’s Bar and Grill , for a special
event permit on Feb ruary 2 3 and 2 4 , 201 3 , wit h the conditions recommended by the Police
and Fire Department .
A dopted by the Council of the City of Lino Lakes this 1 1 th day of February, 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 Cler k
418476v3 JAE LN140 -80
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 13 -20
RESOLUTION APPROVING EFFORTS TO SEEK SPECIAL LEGISLATION AUTHORIZING
CONVEYANCE OF CERTAIN TAX -FORFEITED LAND FROM ANOKA COUNTY TO THE
CITY OF LINO LAKES
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the
“City”) as follows:
Section 1. Background .
1.01. In 2004, the City, the Lino Lakes Economic Development Authority and Hartford
Development Inc. entered into a Contract for Private Development for the developm ent of the Legacy at
Woods Edge development, which was proposed to include commercial development, rental housing, and
owner -occupied housing (the “Legacy at Woods Edge Development”).
1.02. In support of the Legacy at Woods Edge Development, the City iss ued its Taxable General
Obligation Improvement Bonds, Series 2005A (the “Series 2005A Bonds”) in the amount of $5,550,000, to
finance the costs of various public improvements necessary for the development. Assessments against certain
properties within the Legacy at Woods Edge Development were proposed to pay all of the principal of and
interest on the Series 2005A Bonds.
1.03. In 2006, in furtherance of a cooperative program entered into under the Minnesota
Statutes, Sections 471.15 to 471.191 (the “Recr eation Act”), the City and the YMCA of Greater St. Paul
(“YMCA”) entered into an Amended and Restated Development Agreement (the “Development
Agreement”) relating to the construction and operation of an approximately 45,000 square foot
recreational facilit y in the City (the “Facility”) to be located on property within the Legacy at Woods
Edge Development. Under the Development Agreement, the City agreed to contribute $2,350,000 toward
construction of the Facility. The City subsequently issued its General Obligation Tax Abatement Bonds,
Series 2006C (the “Series 2006C Bonds”), in the principal amount of $2,460,000, to finance the City’s
contribution for the costs of constructing the Facility. Abatements of certain properties within and
adjacent to the Lega cy at Woods Edge Development were proposed to pay the principal amount of and a
portion of the interest on the Series 2006C Bonds.
1.04. In 2009, s ixteen parcels of property within the Legacy at Woods Edge Development (not
including the YMCA property) we re foreclosed on by the Developer’s lenders . Of the foreclosed
property , five of the parcels are located within the City’s Tax Increment Financing District No. 1 -11 (the
“TIF District”) and ten of the parcels are subject to the abatement described in Sect ion 1.03 above. Tax
increments from the TIF District are pledged to the payment of the City’s General Obligation Tax
Increment Bonds, Series 2007A (the “Series 2007A Bonds”) issued in the amount of $4,215,000, to
finance improvements to the I -35W/Lake Dri ve Interchange.
1.05. In 2010, f ollowing the foreclosure of the sixteen parcels of property within the Legacy at
Woods Edge Development, the lenders determined that the outstanding special assessments and delinquent
taxes on the sixteen parcels exceede d the market value of the properties. The lenders provided a deed in lieu
of tax forfeiture to the State of Minnesota, and pursuant to Minnesota Statutes, Section 280.385, the sixteen
parcels are treated as if they were tax forfeited.
418476v3 JAE LN140 -80
1.06. The City and EDA continue to market the pro perty within the Legacy at Woods Edge
Development to private developers in order to get the properties back into the hands of private owners and to
complete the redevelopment process originally commenced in 2004. Returning t hese properties to private
ownership will result in special assessments being paid and property taxes being collected. In turn, the
special assessments, abatements, and tax increments derived from the properties can be used by the City to
pay debt service on the Series 2005A Bonds, the Series 2006C Bonds, and the Series 2007A Bonds.
1.07. Minnesota Statutes, Section 282.01, Subd. 1a allows the City to purchase tax -forfeited
properties for fair market value. Purchasing the tax -forfeited properties within the Legacy at Woods Edge
Development is not economically feasible for the City. The City has proposed to Anoka County that it take
possession of certain tax -forfeited properties within the Legacy at Woods Edge Development without paying
fair market value for the properties.
1.08. The City has therefore determined to seek special legislation in the 2013 legislative
session that would allow Anoka County to convey to the City certain tax -forfeited properties within the
Legacy at Woods Edge Development up on written request by the City without monetary consideration.
1.09. T he City is in the process of negotiating a l etter of i ntent with owners of the existing assisted
living facility within the Legacy at Woods Edge Development, and with Anoka County, re garding an
adjacent tax -forfeited parcel to be acquired by that entity for expansion of its facility; and that parcel will be
excluded from the special legislation.
1.10. The City has determined that enactment of the special legislation described above is
necessary to complete the City’s ongoing redevelopment of the Legacy at Woods Edge Development.
Section 2. Approval of Special Legislation .
2.01. The City Council hereby approves efforts to obtain special legislation in the 2013 legislative
session that would authorize Anoka County to convey all or a portion of the tax -forfeited properties in the
Legacy at Woods Edge Development to the City for nominal consideration (excluding the parcel to be
acquired for expansion of the assisted living facility).
2.02. City officials, staff and consultants are hereby authorized and directed to take any and all
other steps necessary or convenient in order to obtain approval of the special legislation described in this
resolution.
Adopted by the City Council of the City of Lino Lakes, Minnesota, this 11th day of February, 2013.
Jeff Reinert
Mayor
ATTEST:
Julie Bartell
City Clerk
CITY COUNCIL
AGENDA ITEM 6 B
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: February 11, 2013
TOPIC: Consider Resolution No. 13 -21 Approving Joint Powers
Agreement with Anoka County , I -35W Pedestrian and
Bicycle Bridge
VOTE REQUIRED: 3/5
INTRODU CTION
Staff is requesting City Council approval of a Joint Powers Agreement with Anoka County for
the construction of the I -35W Pedestrian and Bicycle Bridge.
BACKGROUND
Anoka County in cooperation with Lino Lakes is preparing to advertise for bids for the
construction of a pedestrian and bicycle bridge along County State Aid Highway 14 (Main
Street) at Interstate 35W . The project will include the extension of trail from Woodland Drive to
Rondeau Lake Drive .
Construction of the project will begin in su mmer of 2013 and be completed by fall . The Joint
Powers Agreement (JPA) set s forth the responsibilities of the city and county as well as the cost
sharing for the project. The total estimated construction cost of the project (excluding
engineering and ri ght -of -way acquisition) is $1,095,384.50 . Approximately $264,000 in Federal
funds are available for the project . Anoka County will be funding the balance of the project cost.
The City has no financial share in the project.
The City will be responsible for the maintenance of the trail including, sweeping, clearing,
plowing, and trash removal as well as long term maintenance such as overlays, crack sealing and
replacement. The maintenance of the bridge structure will be the responsibility of Anoka
County .
RECOMMENDATION
Staff is recommending approval of the JPA with Anoka County.
ATTACHMENTS
1. Resolution No.13 -21
2. Joint Powers Agreement
CITY OF LINO LAKES
RESOLUTION NO. 13 -21
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH COUNTY OF ANOKA
I -35W P EDESTRIAN AND BICYCLE BRIDGE
WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to
construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street)
from Woodland Drive to Rondeau Lake D rive ; and,
WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland
Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge; and,
WHEREAS, the County has prepared preliminary design plans for the construction of a
pedestrian and bicycle bridge along County State Aid Highway 14 from Woodland Drive to
Rondeau Lake Drive in accordance with Anoka County and the Minnesota Department of
Transportation standards to a staff approved layout condition; and,
WHEREAS, A noka County has jurisdiction over County State Aid Highway 14 from Woodland
Drive to Rondeau Lake Drive and,
WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint
powers agreements for the joint exercise of power s common to each.
NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes,
Minnesota:
1. that the City Council hereby approves the Joint Powers Agreement with the County of
Anoka for construction of a Pedestrian and Bicycle Bridge along County State Aid
High w ay 14 at I -35W and authorizes the Mayor and Ci ty Clerk to execute the JPA 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 resoluti on 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 Rei nert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
Anoka County Contract No. 2012 -0577
JOINT POWERS AGREEMENT
FOR THE CONSTRUCTION OF A PEDESTRIAN AND BICYCLE BRIDGE ALONG
COUNTY STATE AID HIGHWAY 1 4 (MAIN STREET) FROM WOODLAND DRIVE TO
RONDEAU LAKE DRIVE
IN THE CIT Y OF LINO LAKES, MN
(SP 0 0 2 -6 14 -0 35 )
THIS AGREEMENT is made and entered into this ____ day of , 20 1 3 by and
between the County of Anoka, a political subdivision of the State of Minnesota, 2 10 0 Third Avenue,
Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Lino Lakes , 600 Town
Center Pkwy , Lino Lakes , MN 55 014 , hereinafter referred to as "City".
WITNESSETH
WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to
construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street ) from
Woodland Drive to Rondeau Lake Drive and,
WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland
Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge ; and,
WHEREAS, the County has prepared preliminary design plans for the construction of a
pedestrian and bicycle bridge along County State Aid Highway 1 4 from Woodland Drive to Rondeau
Lake Drive in accordance with Anoka County and the Minnesota Department of Transportation
standards to a staff approved layout condition; and,
WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 from Woodland
Drive to Rondeau Lake Drive and,
WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint
powers agree ments for the joint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of constructing a pedestrian and bicycle trail
along County State Aid Highway 14 from Woodland Drive to Rondeau Lake as described in the
preliminary design plans . The project number for the reconstr uction is SP 0 02 -6 14 -035 . Said
engineering plans are filed in the office of the Anoka County Highway Department and incorporated
herei n by reference.
The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State
Aid Project No. 002 -6 14 -0 35 along CSAH 14 from Woodland Drive to Rondeau Lake Drive is in the
best interest of the traveling public and t hat the Preliminary Layout as shown in Exhibit “A” defines the
preliminary design of the Project.
2
It is agreed that the Exhibit “A” Layout dated January 25 , 2013 has been reviewed and accepted by the
parties and is suitable for preparation of final constr uction documents. Any significant changes made
hereafter to the design as presented in the Exhibit “A” Layout will require approval by the parties as an
amendment to this JPA. These same changes will require a change in the cost share to include any
addi tional design engineering costs that may occur.
II. METHOD
The County shall cause the construc tion of Anoka County Project SP 0 0 2 -6 14 -0 35 , in
conformance with proposed engineering plans and specifications.
IMPROVEMENTS
It is agreed by the parties that in 201 3 a pedestrian and bicycle trail along CSAH 14 will be constructed .
Improvements include but are not limited to: a pedestrian and bicycle bridge and bituminous trail. The
costs of these improvements have been estimated for this agreement and will be finalized after bids have
been received. These costs will be paid by the County .
RIGHT OF WAY :
No right -of -way is required for this project. Any City owned property or easements required for the
construction will be conveye d to the County at no cost.
BITUMINOUS TRAIL :
The parties agree that the construction of the bituminous trail leading up to the pedestrian and bicycle
bridge is eligible for federal funds and that the C ount y will be responsible for the local match .
The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base,
excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment.
The parties agree that the County will p ay for the d esign of the trail , and any removal items, required to
construct the trail.
PERMITS:
The parties agree that the County will secure all necessary permits for this Project. The City agrees to
coordinate wi th the County in securing the permits required by the Rice Creek Watershed District, city
permits, MnDOT permits as well as any other permits that may be required.
III. COSTS
The contract costs of the work, or if the work is not contracted, the cost of all labor, materials,
normal engineering costs and equipment rental required to complete the work, shall constitute the actual
"construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of
the costs, which will b e incurred for this project. Actual costs will vary and those will be the costs for
which the relevant parties will be responsible.
3
The estimated construction cost of the total project is $1,095,384.50 . F ederal funds available for
the Project are capped at $263,813.
The total estimated construction cost to the City is $0 .
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the County in
conformance to the State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and shall be made upon
request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with or without cause, upon not
less than thirty (30 ) days written notice delivered by mail or in person to the other party. If notice is
delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not
be effective with respect to any solicitation of bids or any pur chases of services or goods which occurred
prior to such notice of termination.
I X. MAINTENANCE
A. Maintenance of the bituminous tr ails shall be the responsibility of the City. The City shall be
responsible for general routine maintenance, such as, sweeping, clearing, plowing, trash
removal and other incidental items and shall be responsible for long -term maintenance, such as
bitumin ous overlays, crack sealing and replacement.
B. Maintenance of the trail over the bridge shall be the responsibility of the City. The City shall be
responsible for general routine maintenance, such as sweeping, clearing, plowing, trash
removal and other incidental items. The County shall be responsible for the long -term
maintenance of the bridge deck and structure.
X. N OTICE
For purposes of delivery of any notices herein, the notice shall be effective if delivered to the
County Administrator of Anoka County, 2 1 00 Third Avenue, Anoka, Minnesota 55303 , on behalf of the
County, and to the City Administrator of City of Lino Lakes , 600 Town Center Pkwy , Lino Lakes, MN
55014 , on behalf of the City.
4
X I . INDEMNIFICATION
The City and County mutually agree to indemnify and hold harmless each other from any claims,
losses, costs, expenses or damages resulting fro m the acts or omissions of the respective officers, agents,
or employees relating to activities conducted by either party under this Agreement.
5
XI I . ENTIRE AGREEMENT REQUIREMENT OF WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and that
this Agreement supersedes all oral agreements and all negotiations between the parties relating to the
subject matter thereof, as well as any previous agreement presently in effect between the parties to the
subject mat ter thereof. Any alterations, variations, or modifications of the provisions of this Agreement
shall be valid only when they have been reduced to writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the
dates written below.
COUNTY OF ANOKA CITY OF LINO LAKES
By: By:
Rhonda Sivarajah , Chair Jeff Reinert
Board of Commissioners Mayor
Dated: Dated:
ATTEST
By: By:
Jerry Soma Jeff K arlson
County Administrator City Administrator
Dated: Dated:
RECOMMENDED FOR APPROVAL
By: By:_________________________________
Douglas W. Fischer, P.E. Michael Grochala
County Engineer Community Development Director
Dated: Dated:_______________________________
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
Dated: