HomeMy WebLinkAbout02-25-13 Council Packet EXPANDED AGENDA Updated 2 -25 -13
CITY COUNCIL AGENDA
Monday , February 25 , 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
CL OSED COUNCIL SESSION, 5:30 P.M.
Council Workroom (not televised)
COU NCIL WORK SESSION (following closed session)
Council Workroom (not televised)
1 . Review Regular Agenda
ECONOMIC DEVELOPMENT AUTHORITY MEETING, 6:15 P.M.
1. Call to Order and Roll Call (All m embers present)
2. Consider approval of January 14, 2013 EDA Minutes (Approved)
3. Consideration of Letter of Intent Regarding Conveyance of Parcel in
Legacy at Woods Edge, Mary Alice Divine (Approved)
4. Consideration of Resolution No. 13 -01 Approving Efforts to Seek
Special Legislation Authorizing Conveyance of Certain Tax -Forfeited
Land from Anoka County to the Lino Lakes Economic Development
Authority , Mary Alice Divine (Approved)
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.
Council Agenda -2 - February 25, 2013
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) Febru ary 25 , 20 13 (Check No. 95160 through 95238 ) in the
amount of $191,766.79;
ii) Centenni al Fire District (Check No. 5685 through 5702 in the amount of
$41,798.77)
B) Consider approval of February 4 , 2013 Work Sess ion Minutes
C) Consider approval of February 11 , 2013 Council Meeting Minute s
D) Consider approval of Application to conduct two Excluded Bingo
events, Rice Lake Elementary PTO
E) Consider approval of February 11, 2013 Closed Meeting Minutes
(labor negotiations)
F) Consider approval of February 11, 2013 Closed Meeting Minutes
(assessment mediations)
G) Consider approval of January 28, 2013 Special Work Session
(economic development) Minutes
Action Taken: Motion by Rafferty, seconded by Stoesz , to approve the
Co nsent A genda, Items 1A through 1G, as presented, was adopted
2. FINANCE DEPARTMENT
No report
3. ADMINISTRATION DEPARTMENT
A) Consider Approval of Resolution No. 13 -22, Requesting Authority to
Investigate the Feasibility of a Regional Utility System Study, J eff Karlson
Action Taken: Motion by O’Donnell , seconded by Roeser , to approve
Resolution No. 13 -22 as presented, was adopted
B) Nonexclusive Gas Franchise to CenterPoint Energy, Jeff Karlson
i. Consider 2 nd Reading of Ordinance No. 06 -12, granting a
n onexclusive gas franchise to CenterPoint Energy;
Action Taken: Motion by O’Donnell, seconded by Roeser , to approve
second reading and adoption of Ordinance No. 06 -12 as presented,
was adopt ed: Yeas, 5; nays none.
Council Agenda -3 - February 25, 2013
ii . Consider Resolution No. 13 -19 , sum m arizing Ordinance No. 06 -12
for publication purposes
Action Taken: Motion by Roeser, seconded by Rafferty , to approve
Resolution No. 12 -114 as presented, was adopted
4. P UBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. CO MMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution No. 13 -20 , Approving Efforts t o Seek Special
Legislation Authorizing Conveyance of Certain Tax -Forfeited Land
from Anoka County to the Lino Lakes Economic Development
Authority, Mary Alice Divine
A ction Taken: Motion by Roeser , seconded by O’Donnell , to approve
Resolution No. 13 -20 as presented, was adopted
7. UN FINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Roeser to adjourn at 6:46 p.m. was adopted
Following adjournment o f the regular meeting, the council will reconvene to a special work session to
discuss economic development
Community Calendar – A Look Ahead
February 25 , 201 3 through March 11 , 20 1 3
Wednesday, February 27 6:30 pm, Council Chambers Environmental Board
M onday, March 4 5:30 pm, Community Room Council Work Session
Monday, March 4 cancelled Park Board
Thursday, March 7 8:00 am, Community Room EDAC
Monday, March 11 6:30 pm, Council Chambers City Council Meeting
Updated 2 -22 -13
CITY COUNCIL AGENDA
Monday , February 25 , 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
CO U NCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1 . Review Regular Agenda
ECONOMIC DEVELOPMENT AUTHORITY MEETING, 6:15 P.M.
1. Call to Order and Roll Call
2. Consider approval of January 14, 2013 EDA Minutes.
3. Consideration of Letter of Intent Regardi ng Conveyance of Parcel in
Legacy at Woods Edge, Mary Alice Divine
4. Consideration of Resolution No. 13 -01 Approving Efforts to Seek
Special Legislation Authorizing Conveyance of Certain Tax -Forfeited
Land from Anoka County to the Lino Lakes Econom ic Development
Authority , Mary Alice Divine
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
1. CONSENT AGENDA
A) Consideration of Expendit ures:
i) Febru ary 25 , 20 13 (Check No. 95160 through 95238 ) in the
amount of $191,766.79;
Council Agenda -2 - February 25, 2013
ii) Centenni al Fire District (Check No. 5685 through 5702 in the amount of
$41,798.77)
B) Consider approval of February 4 , 2013 Work Session Minutes
C) Consider appro val of February 11 , 2013 Council Meeting Minute s
D) Consider approval of Application to conduct two Excluded Bingo
events, Rice Lake Elementary PTO
E) Consider approval of February 11, 2013 Closed Meeting Minutes
(labor negotiations)
F) Consider approval of Febru ary 11, 2013 Closed Meeting Minutes
(assessment mediations)
G) Consider approval of January 28, 2013 Special Work Session
(economic development) Minutes
2. FINANCE DEPARTMENT
No report
3. ADMINISTRATION DEPARTMENT
A) Consider Approval of Resolution No. 13 -22, Requesting Authority to
Investigate the Feasibility of a Regional Utility System Study, Jeff Karlson
B) Nonexclusive Gas Franchise to CenterPoint Energy, Jeff Karlson
i. Consider 2 nd Reading of Ordinance No. 06 -12, granting a
nonexclusive gas fran chise to CenterPoint Energy;
ii. Consider Resolution No. 12 -114, summarizing Ordinance No. 12 -09
for publication purposes
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
4. P UBLIC SA FETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
Council Agenda -3 - February 25, 2013
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution No. 13 -20 , Approving Efforts t o Seek
Special Legislation Authorizing Conveyance of Certain
Tax -Forfeited Land from Anoka Count y to the Lino Lakes
Economic Development Authority, Mary Alice Divine
7. UN FINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular meeting, the council will reconvene to a special work session to
discuss economic development
Community Calendar – A Look Ahead
February 25 , 201 3 through March 11 , 20 1 3
Wednesday, February 27 6:30 pm, Council Chambers Environmental Board
Monday, March 4 5:30 pm, Community Room Council Work Session
Monday, March 4 6:30 pm, Council C hambers Park Board
Thursday, March 7 8:00 am, Community Room EDAC
Monday, March 11 6:30 pm, Council Chambers City Council Meeting
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
MONDAY , FEBRUARY 25 , 2013
6:15 P.M.
City Council Chambers
1. Call to Order and Roll Call
2. Consideration of Minutes of January 14, 2013
3. Consideration of Resolution No. 13 -02 Authorizing a Letter of Inten t Regarding
Conveyance of a Parcel in the Legacy of Woods Edge Development , Mary Alice
Divine
4. Consideration of Resolution No. 13 -01 Approving Proposed Special Legislation for
Tax Forfeited Property in the City of Lino Lakes , Mary Alice Divine
5. Adjourn
EDA MINUT ES January 14, 2013
DRAFT
DATE : January 14, 2013
TIME STARTED : 6:55 p.m.
TIME ENDED : 7:02 p.m.
MEMBERS PRESENT : Commissioners O’Donnell, Roeser,
Reinert, Rafferty , Stoesz
MEMBERS ABSENT : None
OTHERS PRESENT: : Mary Divine, Mike Gr ochala
The mee ting was called to order at 6:55 p.m. by President Rafferty .
CONSIDERATION OF THE MINUTES OF DECEMBER 10, 2012
EDA Member Stoesz moved to approve the December 10, 2012 minutes. EDA Member
O’Donnell secon ded the motion. Motion carried wi th President Rafferty abstaining.
CONSIDERATION OF ANNUAL APPOINTMENTS
Mary Divine, Economic Development Coordinator, informed the members that each year the
EDA is required to hold an annual meeting and make a number of appointments; the list was
before the authority for consideration. EDA member Reinert moved the appoint EDA Member
Roeser as president, EDA Member O’Donnell as vice president and EDA Member Stoesz as
treasurer . EDA member O’Donnell seconded the motion . Motion carried unanimously.
EDA me mber O’Donnell moved to approve other appointments as outlined in the staff report,
with the substitution of Deck, Duea and Olson for Sweeny, Borer & Sweeney . EDA Member
Roeser seconded the motion. Motion carried unanimously.
ADJOURNMENT
There being no further business, EDA Member R einert moved to adjourn. EDA Member Roeser
seconded the motion. Motion carried unanimously.
Meeting adjour ned at 7:02 p.m.
1
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
AGENDA ITEM 3
STAFF ORIG INATOR: Mary Alice Divine
MEETING DATE: February 25 , 2013
TOPIC: Consi deration of Resolution No. 13 -02 Authorizing Letter of Intent
for, and Acqui sition of, a Tax Forfeited Parcel Within Legacy at
Woods Edge
VOTE REQUIRED: 3/5
BACKGROUND
Lino Lakes Assisted Living (LLAL) has made an offer to purchase the parcel adjacent to its
existing facility for expansion. This parcel is tax forfeit. S tate statute allows the EDA to
purchase the parcel through Anoka County and resell it to a developer.
Th is Resolution authorizes the city administer to notify Anoka County of the EDA’s intent to
acquire the parcel for a purchase price of $321,474. The Co unty will distribute the proceeds
from the sale back to the City, less $30,974 which will be withheld for county administration
costs. The net proce eds in the amount of $290,500 are equal to the amount of outstanding
special assessments on the parcel.
Thi s Letter of Intent is not a binding commitment. Before the actual purchase of the property is
made, LLAL will submit payment to the City in the amount of $321,474. The EDA will later
approve a purchase/development agreement at a public hearing.
RECOMMEND ATION
Approve Resolution No. 13 -02
ATTACHMENTS
1. Resolution No. 13 -02
2. Exhibit A – Letter of Intent
3. Legacy Parcel Map
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 13 -02
AUTHORIZING LETTER OF INTENT FOR, AND ACQUISITION OF, A TAX -
FORFEITED PARCEL WITHIN LEGACY AT WOODS EDGE
BE IT RESOLVED By the board of commissioners of the Lino Lakes Economic
Development Authority (the “EDA ”) as follows:
Section 1. Background .
1.01. In 2004, the City of Lino Lakes (the “City”), EDA and Hartford Development Inc.
entered into a Contract for Private Development for the development 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. Certain parcels within the Legacy at Woods Edge Development were successfully,
developed, including one par cel developed for use as a hotel that was later converted to an assisted
living facility now owned by Lino Lakes Assisted Living, LLC (“LLAL”).
1.0 3 . In 2010, the undeveloped parcels within the Legacy at Woods Edge were tax
forfeited.
1.0 4. LLAL has no w proposed to expand its existing facility, and to that end proposes to
acquire the tax forfeited parcel described as Outlot A, The Village No. 4, according to the recorded
plat thereof, Anoka County, Minnesota (the “Parcel”), which Parcel is adjacent to L LAL’s facility.
1.05. The EDA has negotiated the terms of a letter of intent (the “LOI”) with Anoka
County, a copy of which is attached hereto as Exhibit A, providing terms under which the EDA will
acquire the Parcel from the County, with the intent to r e -convey such Parcel to LLAL.
1.06. The EDA has determined that acquisition of the Parcel in accordance with the LOI is
in the best interests of the EDA, and that such transaction will both return tax -forfeited property to
the tax rolls and help the EDA achieve its long -term goals for the Legacy at Woods Edge
Development.
Section 2. Transaction Approved .
2.01. The EDA board hereby authorizes the EDA Executive Director to execute the LOI
in substantially the form attached hereto.
2.02. The EDA boar d further approves acquisition by the EDA of the Parcel subject to the
terms and conditions stated in the LOI, and authorizes EDA officials to execute any documents
necessary to carry out such real estate transaction.
419364v1 SJB LN140 -109 2
2.03. EDA staff and consultants are further authorized and directed to negotiate terms for
re -conveyance of the Parcel to LLAL, schedule a public hearing before the EDA regarding such
conveyance, and bring to this board for final approval a purchase and development agreement
between the EDA and LLAL providing for the conveyance of the Parcel and development thereof
by LLAL.
2.0 4 . EDA officials, staff and consultants are hereby authorized and directed to take any
and all other steps necessary or convenient in order to carry out the intent of this resolution.
Adopted by the board of commissioners of the Lino Lakes Economic Development
Authority this 25h day of February, 2013.
Dave Roeser, President
ATTEST:
Mary Alice Divine, Secretary
419364v1 SJB LN140 -109 3
EXHIBIT A
February ____, 2013
Larry Dalien
Pr operty Records and Public Service Department
Anoka County
Anoka County Government Center
2100 Third Ave.
Anoka, MN 55303
RE: Letter of Intent Regarding Conveyance of PIN 17 -31 -22 -12 -0062
Dear Mr. Dalien:
The above -referenced parcel (the “Parcel”) is t ax -forfeited land within the area known as Legacy at
Woods Edge in the City of Lino Lakes (the “City”). The Parcel contains approximately 1.23 acres, and is
legally described as Outlot A, The Village No. 4.
Lino Lakes Assisted Living (“LLAL”) owns and o perates an assisted living and memory care facility located
immediately adjacent to the Parcel. LLAL has proposed to expand its facility, and wishes to acquire the
Parcel for that purpose.
The Parcel is currently encumbered by outstanding special assessm ents in the amount of $290,500.
We understand as follows:
1. The Lino Lakes Economic Development Authority (the “EDA”) will submit a resolution by
the EDA board authorizing the EDA to acquire the Parcel under Minnesota Statutes,
Section 282.01, subd. 1a. The EDA will submit the resolution after the EDA has finalized
terms of an agreement with LLAL, to the EDA’s satisfaction, under which agreement
LLAL will purchase the Property from the EDA (for the same price paid by the EDA), and
LLAL will construct certain improvements on the Parcel by specified dates.
2. The EDA will acquire the Parcel from the County for a purchase price of $321,474, which
amount the EDA and County agree represents the Parcel’s fair market value. The EDA
will deposit such purch ase price with the County at the time of submitting the EDA
resolution, with the understanding that amount will be turned to the EDA if for any
reason the transaction with LLAL is not finalized within a specified time period.
3. In accordance with Minneso ta Statutes, Section 282.08, clause (3), the County will
distribute net proceeds from the sale of the Parcel back to the City, in order to discharge
special assessments that were chargeable against the Parcel at the time of forfeiture.
4. From the total s ale proceeds, the County will net out administrative costs in the amount
of $30,974. Therefore, the net distribution to the City will be $290,500 (which equals
the outstanding special assessments).
419364v1 SJB LN140 -109 4
5. The County will distribute the net proceeds as soon a s reasonably practicable after the
State deed for the Parcel is received and filed by the County.
Please acknowledge your acceptance of these terms by signing in the space below and returning to me
at your earliest convenience. We understand that the ter ms described in this letter are subject to
approval by the County Board and issuance of a state deed by the Minnesota Department of Revenue,
and that this letter is not intended to be a binding contract between the EDA and County.
Please call me at 651 -98 2 -2405 or Economic Development Coordinator Mary Alice Divine at 651 -982 -
2423 if you have any questions. Thank you for your consideration of this matter.
Sincerely,
Jeff Karlson, City Administrator and EDA Executive Director
City of Lino Lakes
Accepte d on ____________, 2013 by:
ANOKA COUNTY RECORDS AND PUBLIC SERVICE D EPARTMENT
By ____________________________
Larry Dalien
Cc: Dan Klint
Stephen Bubul
City of Lino Lakes
Legacy at Woods Edge
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LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
AGENDA ITEM 4
STAFF ORIG INATOR: Mary Alice Divine
MEETING DATE: February 25 , 2013
TOPIC: Consi deration of Resolution No. 13 -01 Approving Efforts to Seek
Special Legislati on Authorizing Conveyance of Certain Tax -
Forfeited Land from Anoka County to the City of Lino Lakes
VOTE REQUIRED: 3/5
INTRODUCTION
A resolution by the City of Lino Lakes City Council is required when seeking special
legislative authority to al low Anoka County to convey the tax forfeited properties within the
Legacy at Woods Edge development without monetary consideration.
BACKGROUND
In 2004 the City and the EDA entered into a Contract for Private Development with Hartford
Development for the d evelopment of Legacy at Woods Edge. In support of that project, the
City issued GO bonds in the amount of $5,550,000 to finance public improvements necessary
for the development. Assessments against the properties were proposed to pay the debt service
on t he bonds.
In 2009, 16 of the parcels in the development went into foreclosure and are now tax forfeit.
Sale of tax forfeited properties is under Anoka County’s authority. Minnesota Statutes require
that any proceeds to Anoka County from the sale of these properties be returned to the City to
pay outstanding assessments. If the assessments are less than the market value, the remaining
proceeds are distributed to all taxing jurisdictions. Total outstanding assessments in the Legacy
development ar e $5.8 mil lion, greater than the market value; therefore the proceeds of a sale
will be returned to the City.
This legislation is for the purpose of obtaini ng all the properties without monetary
consideration based on the reasoning that the proceeds of a sale wo uld be returned to the Cit y,
there is no net benefit to any taxing jurisdiction through reconveyance of the properties, and
t his eliminates the need for a parcel by parcel purchase from the County for the purposes of
development. T he parcel that is propose d to be purchased by Lino Lakes Assisted L iving will
be exempt from this legislation.
If the City is able to convey parcels to private parties for more than the amount of the
assessments, the bill provides that the City would return 10 percent of the gros s sale proceeds
to the County, for re distri bution to taxing jurisdictions. This language provides a potential
recovery of a portion of the delinquent taxes if market conditions permit.
In the proposed legislation Anoka County has specified that the land be conveyed all at once
rather than parcel b y parcel as development occurs.
Minnesota Statute 272.02, Subd. 39 says property held by a city for economic developme nt is
tax exempt for nine years, with two exceptions: land purchased and held for housing or land
hel d for redevelopment purposes which meets the redevelopment criteria. Therefore, the City
holds some risk if properties determined to be for commercial uses do not develop within that
time. The City’s bond counsel recommends proceeding with the acq uisition of the properties,
as City ownership will make the properties more easily marketable .
RECOMMENDATION
Approve Resolution No. 13 -01
ATTACHMENTS
1. Resolution No. 13 -01
2. Proposed Special Legislation
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 13 -01
APPROVING EFFORTS TO SEEK SPECIAL LEGISLATION AUTHORIZING
CONVEYANCE OF CERTAIN TAX -FORFEITED LAND TO THE LINO LAKES
ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the board of commission ers of the Lino Lakes Economic
Development Authority (the “EDA ”) as follows:
Section 1. Background .
1.01. In 2004, the City of Lino Lakes (the “City”), EDA and Hartford Development Inc.
entered into a Contract for Private Development for the developmen t 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 issue d 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 L egacy 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 “Recrea tion 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 facility 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 Ob ligation 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 Legacy 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, sixteen parcels of property within the Legacy at Woods Edge
Development (not including the YMCA property) were 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 Sectio n 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 Drive Interchange.
419362v1 SJB LN140 -80 2
1.05. In 2010, following 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 exceeded the market value of the properties ,
and those properties were tax forfeited.
1.06. The City and EDA continue to market the property within the Legacy at Woods
Edge Development to private developers in order to get the properties back into the hands of pr ivate
owners and to complete the redevelopment process originally commenced in 2004. Returning these
properties to private ownership will result in special assessments being paid and property taxes
being collected. In turn, the special assessments, abate ments, 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 2 82.01, Subd. 1a allows the EDA to purchase tax -
forfeited properties for fair market value , and proceeds received by the County are applied first to
pay county administrative costs and second to pay special assessments that were outstanding at the
time of forfei ture. However, that process is time -consuming and cumbersome, and the amount the
of county administrative costs is not determined until the end of each year, creating uncertainty in
the amounts developers will be required to pay.
1.08. The City and EDA have therefore determined to seek s pecial legislation in the
2013 legislative session that would direct conveyance of the tax -forfeited properties within the
Legacy at Woods Edge Development to the EDA without monetary consideration.
1.09. The proposed special legislation would require t hat, when the EDA sells a parcel to
private party, it must return to the County 10% of the gross proceeds from sale of the parcel. This
would occur only if the EDA is able to sell for a price in excess of the special assessments that were
in place at forf eiture.
1.10 . T he EDA 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, regarding an adjacent tax -forfeited parcel (Outlot A ) to be acquired by that entity for
expansion of its facility; and that parcel will be excluded from the special legislation.
1.1 1 . The EDA has determined that enactment of the special legislation described
above is necessary to complete the ongoing redevelopmen t of the Legacy at Woods Edge
Development.
Section 2. Approval of Special Legislation .
2.01. The EDA board hereby approves efforts to obtain special legislation in the 2013
legislative session that would authorize the EDA to acquire all the tax -forfeit ed properties in the
Legacy at Woods Edge Development (except Outlot A ) for no consideration, as described above.
2.02. EDA officials, staff and consultants are hereby authorized and directed to take any
and all other steps necessary or convenient in ord er to obtain approval of the special legislation
419362v1 SJB LN140 -80 3
described in this resolution.
Adopted by the board of commissioners of the Lino Lakes Economic Development Authority
this 25h day of February, 2013.
Dave Roeser, President
ATTEST:
Mary Alice Divine
Secretary
417810v5 SJB LN140 -80
A bill for an act
relating to the County of Anoka and the City of Lino Lakes Economic
Development Authority; authorizing conveyance of certain tax - forfeited
land
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [Conveyance of property .] Notwithstanding the provisions of
Minnesota Statutes, section 282.01, subdivision 1a, Anoka County shall convey to the
city of Lino Lakes E conomic D evelopment A uthority all of the following tax -forfeited
parcels: 17 -31 -22 -1 1 -00 02, 17 -31 -22 -12 -0 051, 17 -31 -22 -12 -0053, 17 -31 -22 -12 -0059,
17 -31 -22 -12 -0060, 17 -31 -22 -12 -0063, 17 -31 -22 -13 -0049, 17 -31 -22 -13 -0053, 17 -31 -22 -
13 -0054, 17 -31 -22 -13 -0055, 17 -31 -22 -13 -0056, 17 -31 -22 -13 -0057, 17 -31 -22 -24 -0062,
17 -31 -22 -24 -0063, 17 -31 -22 -24 -0064. No monetary comp ensation or consideration is
required for, and no conditions attach to, the conveyance except as provided in section 2 .
The commissioner of revenue must convey the property on behalf of the state by quit
claim deed.
Sec. 2 [Condition of conveyance .] The deed for the parcels described in section
1 must contain a restrictive covenant providing that upon resale by the City of all or any
portion of those parcels to a non -governmental entity , the Lino Lakes Economic
Development Authority shall pay to the County ten percent of the gross sale proceeds
from such sale. The term “gross sale proceeds” means the purchase price negotiated
between the Lino Lakes Economic Development Authority and buyer, excluding the
amount of special assessments reinstated by th e City of Lino Lakes and payable by buyer
upon or after closing, and excluding any other closing costs payable by buyer. The
County shall apply such proceeds received from the Lino Lakes Economic Development
Authority in accordance with section 282.08. T he restrictive covenant for any parcel
shall expire 30 years after the date of the deed.
Sec. 3 [Timing.] The deed for conveyance of the property described in section 1
shall be delivered by the Minnesota Department of Revenue to the County of Anoka fo r
recording by no later than 90 days after the effective date of this act.
Sec. 4 . [EFFECTIVE DATE]. This act is effective upon compliance by the
respective governing bod ies of the county of Anoka and the Lino Lakes E conomic
D evelopment A uthority with the requirements of Minnesota Statutes, 645.021,
subdivision 3.
CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1
Check Issue Dates: 2/2/2013 - 2/15/2013Feb 15, 2013 01:40PM
Report Criteria:
Report type: Summary
GLCheckCheckVendorDescriptionCheck
PeriodIssue DateNumberNumberPayeeAmount
02/1302/15/2013568510060ADVANCED GRAPHIX INCGRAPHICS 2004 F150138.94
02/1302/15/2013568610800ANOKA CO FIRE PROTECT. CO2013 MEMBERSHIP DUES210.00
02/1302/15/2013568711565ASPEN MILLS , INCUNIFORMS1,648.85
02/1302/15/2013568820353BLAINE BROTHE RS, INCVEH MTC UNIT A21547.20
02/1302/15/2013568920370BOUND TREE MEDI CAL LLCMEDICAL SUPPLIES185.85
02/1302/15/2013569030220CAPITAL CITY FIREFIGHTERS 2013 DUES50.00
02/1302/15/2013569130485CENTER MARTFUEL216.44
02/1302/15/2013569230490CENTERPOINT ENERGYSTATION 2 GAS709.82
02/1302/15/2013569331008COMCASTINTERNE T CENTERVILLE STATI101.50
02/1302/15/2013569450121EMERGENCY AUTOMOTIVE TETRUCK LIGHT47.22
02/1302/15/2013569570480GOLD STAR AUTO BODY & FRA2004 F150 REPAIR1,239.36
02/1302/15/2013569670578GRAI NGEREYEGLASS CASES59.88
02/1302/15/20135697120331LEAGUE OF MN CITIES IN S TRWORKERS COMP INS 2/13-2/1433,733.00
02/1302/15/20135698160050PAETECPHONES STATION 2149.30
02/1302/15/20135699160493PREMIUM WATE RS, INCBOTTLED WATER24.44
02/1302/15/20135700180600CITY OF RO SEVILLEFEB PHONE SERV1,279.33
02/1302/15/20135701200150THOMAS MOTORS, INCVEH BATTERY 2009 ESCAPE858.74
02/1302/15/20135702240100XCEL ENERGYJAN ELECTRIC STATION 2598.90
Grand Totals:41,798.77
M = Manual Check, V = Void Check
CITY COUNCIL WORK SESSION February 4, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : February 4, 2013 4
TIME STARTED : 5:30 p.m. 5
TIME ENDED : 10:00 p.m. 6
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7
Rafferty (arrived at 5:45 pm), Roeser and 8
Mayor Reinert 9
MEMBERS ABSENT : None 10
11
12
Staff members present: City Administrator Jeff Karlson; Economic Development 13
Coordinator Mary Alice Divine; Environmental Coordinator Marty Asles on; Community 14
Development Director Michael Grochala; Public Services Director Rick DeGardner; 15
Public Safety Director John Swenson; Finance Director Al Rolek. 16
17
1. Water and Sewer Utility Rate Study, Springsted Incorporated – Nick Dragisich 18
and Patty Kettel s gave a PowerPoint presentation reviewing the results of the utility rate 19
study they produced. Mr. Dragisich reviewed the water rate section, noting that the last 20
time the city raised water rates was 2008. It was pointed out that water conservation 21
effo rts can oddly result in a cost increase. Patty Kettels reviewed the sewer rate section . 22
23
The Mayor suggested that the report recommends that the city raise rates as soon as 24
possible. He would prefer to do a “drill down” on costs included in the water and sewer 25
rates to see if there can be savings. He recommends looking at other cities to see what 26
they are doing right. A rate increase is never easy and he’d like to find another way to 27
meet the needs of the utility. Mr. Dragisich suggested that a drill d own is a good exercise 28
and he ’d recommend that the city look at other cities that are truly comparable to Lino 29
Lakes. Public Services Director DeGardner added that there are a lot of variables that 30
impact costs, includ ing density, location of water, qua lify of water, treatment needs, etc. 31
Mr. Dragisich noted that some of the biggest drivers of cost is depreciation and other 32
things that are not in the city’s control; the sewer charges are mainly driven by the 33
Metropolitan Council. Counc il Member Roeser remarked that with interest rates close to 34
nothin g, the city may be losing by putting aside money for the future of the system. 35
Finance Director Rolek noted some capital costs that are incurred regularly. 36
37
The mayor said that more discussion is needed s o he anticipates seeing the matter on a 38
future work session agenda. 39
40
6. Adam Johnson Docks – Community Development Director Grochala explained that 41
Mr. Johnson, who has previously petitioned for a cartway, has now constructed two 42
docks, one on each side of the channel. The city doesn’t have jurisdiction over the work 43
– the water way is controlled by the Minnesota Department of Natural Resources and 44
bridge permits fall under the Rice Creek Watershed District (RCWD). Mr. Grochala 45
CITY COUNCIL WORK SESSION February 4, 2013
DRAFT
2
explained that he has ha d conversations with both tho se groups. The DNR may require a 46
permit after further review and the RCWD will be reviewing and responding on the 47
situation also. The mayor remarked o n the footings shown in picture . 48
49
The council heard from John and Linda E lliot, 2001 Otter Lake Drive. Ms. Elliot had in 50
hand the DNR guidelines on docks and permit s which she read. Historically in 1999 a 51
developer came to the city and asked for permission to build a culvert in the channel for a 52
road to Oak Brook Peninsula. The residents didn’t know until markers showed up and 53
then concern arose. The DNR, RCWD and city were contacted and a suit was filed. The 54
bridge was not allowed; it had to span the channel and that ’s what was ultimately built. 55
Most of the same residen ts live in the area. Ms. Elliot recalled Mr. Johnson’s statement 56
to the council that he knows he cannot build a bridge. Even though he is calling what he 57
built docks, they are a bridge in essence because they are too close to allow safe passage 58
of boats through the channel. Mr. Johnson bought his land assuming he had access to all 59
the land but he doesn’t. He shouldn’t be allowed to start this construction because she 60
fears it won’t be stopped. She wants him to be instructed to move the docks to an ar ea 61
where they don’t obstruct. 62
63
The mayor sugg ested that there are limitations on what the city can do in this case but he 64
believes the city can put together a resolution that asks the RCWD and DNR and any 65
other appropriate entity to strictly enforce exis ting guidelines. Community Develo pment 66
Director Grochala suggested that staff be directed to wri te a letter to those agencies; the 67
council concurred. 68
69
2. Emerald Ash Borer Project – Country Lakes Park – Environmental Coordinator 70
Asleson reviewed the inve ntory of ash trees on public property (map included in staff 71
report). He offered some history on where Emerald Ash Borer (EAB ) started in the 72
country in 2003 and where it has traveled. He was happy to report that the City did not 73
do a major planting of a sh trees as some other cities did and therefore there is more 74
variety of trees. He talked about the areas in Lino Lakes that do have numbers of ash 75
trees and noted those areas that may be treatable. The map he is showing only relates to 76
trees on public property; of course there are many, many more on private land. As staff, 77
he is looking at ways that will be appropr iate to respond for this city and is keeping 78
informed on the matter. Since it hasn’t been detected yet, he wouldn’t recommend 79
treatment, ho wever, that will be an option for private property owners and the city. He 80
would like to begin removing some of the t rees that wouldn’t be missed as much. Mayor 81
Reinert recommended that staff utilize the city newsletter to get the word out – keep 82
people up to date and show them what to watch for. Mr. Asleson suggested that the Quad 83
Community Press local newspaper will also be a good vehicle to get information to the 84
citizens. Public Services Director DeGardner reviewed the city’s overall plan to move t o 85
take down those trees that can be spared on public property so that all the trees don’t die 86
all at once. 87
88
3. Off -Sale Liquor Licensing – City Clerk Bartell reviewed the council’s previous 89
discussion about off -sale liquor licensing restrictions that woul d limit the numbers and/or 90
CITY COUNCIL WORK SESSION February 4, 2013
DRAFT
3
location of off -sale establishments in the city. An updated map was reviewed that had 91
been amended to include off -sale licenses near the city and to exclude 3.2, combination 92
and brewery off -sale locations. In response to the co uncil’s inquiry about what other 93
cities are doing in the area of limiting, Ms. Bartell provided a chart indicating what cities 94
in the metro area have restrictions and what they are . Another chart listed metro cities 95
that do not restrict the number of off -sale and cities that have a municipal off -sale 96
store(s). Also included was a per capita chart indicating how ci ties in the immediate 97
vicinity with and without restriction s fall according to the number of residents per license. 98
The mayor suggested that i n this city the kind of area where the licensing is allowed is 99
somewhat limited because of the large park area and neighborhood areas. Because of that 100
it would make more sense to him to consider a geographic restriction. Council Member 101
Roeser remarked th at a clustered commercial development in the future could possibly 102
have difficulty getting licensed with such a restriction. The council discussed the 103
possibili ty of a half mile restriction. Off -sale liquor store owners that were present 104
pointed out the i r support for restrictions that would provide some support for established 105
businesses in the city. The council discussed restrictions that would target only liquor 106
stores and that would allow new stores to buy out existing stores or transfer licenses. A 107
council member warned against allowing license holders to hold their license for sale and 108
not actually continue their operations. When a council member suggested including an 109
end date , the mayo r responded that he’d prefer to work with current knowledge ra ther 110
than guessing what will happen in the future. Council Member Roeser remarked that the 111
city may have to think about something like an assisted relocation plan if a situation such 112
as a large development were to arise. 113
114
The city clerk will prepare an ordinance reflecting the council’s directions and return to 115
the next work session for review. 116
117
4. Blue Heron Days – Economic Development Coordinator Divine reviewed her years of 118
involvement with the city’s annual festival, Blue Heron Days. While there ha ve been 119
many volunteers for the festival, it reached a po int where it was easier for her to 120
coordinate rather than manage volunteers. Past that, she has worked to grow the festival, 121
in one way by bringing events together at one site. She feels that outsi de funding for the 122
festival is at a good point, noting an annual contribution from the area tourism group and 123
the Blaine Jaycees continuing involvement. It is already the time of year when planning 124
for this year’s events should begin. 125
126
Administrator Kar lson noted the importance of the event to the city and suggested that the 127
coordinating functions continue to grow and it could be difficult for the city’s pared down 128
staff to undertake that additional duty. The mayor suggested that Ms. Divine put 129
togeth er a list of responsibilities associated with the festival as well as take a look at what 130
other cities do for their festival. The council will discuss the situation again at the next 131
work session. 132
133
CITY COUNCIL WORK SESSION February 4, 2013
DRAFT
4
5. Five -Year Financial Forecast – Finance Director Role k reviewed the updated 134
forecast. He noted changes in assumptions to the operating forecast and discussed 135
questions as follows: 136
137
- tax capacity rate increase; 138
- assumes a successful referendum under the current charter; 139
- no impact under the Governor’s b udget proposal; 140
- discussion of YMCA debt and how long it would be in place; 141
- tax base in 2014 changes from flat to a moderate decrease; 142
- capital equipment replacement grows after 2013; 143
- recreation complex – assumes only funding to pay on the debt; 144
- ro ad reconstruction – assumes some funding and no change to the city charter; 145
- the capital improvement program includes programs included in the comp plan and 146
utility plan. 147
148
Staff is looking for direction from the council on the forecast. The mayor noted that he 149
sees the need to do what is necessary to keep a handle on the levy; a fifteen percent 150
increase over the next five years he doesn’t see. The mayor would like to also see a 151
forecast b uilt on different assumptions; how can rates go up when the revenu e is going 152
down? Council Member Roeser suggested that revenues as well as economies and 153
te ch nology would be a good plan. Council members suggest ed something like going out 154
for bid on information technology services. The council would like to see a docum ent 155
that better highlights priorities and the mayor recommended setting up a special session to 156
gain a more comprehensive approach to a forecast. The mayor would also like to include 157
discussion on next year’s budget; he needs to understand what the overal l figures 158
represent. Other council members spoke in favor of looking for consolidations, 159
efficiencies and outsourcing. 160
161
7. Charter Commission Expenditures – Mayor Reinert explained that he attended the 162
last Charter Commission meeting (following last fall ’s elect ion). A commission member 163
said that the commission should be paying attention to the vote that occurred on the 164
charter amendment – in that a majority voted for a change. There were some ideas raised 165
by commissioner members and some wanted to forw ard those ideas to the council. A 166
vote was taken and there were comments from some saying they did not want to work 167
with the council. Commissioner Storberg said that she sees value in the amendment and 168
she moved for a joint meeting with the council to di scuss the amendment or other 169
suggestions to move forward. May or Reinert said such a meeting c ould be facilitated by 170
someone not on the council or the commission. The mayor has spoken with Charter 171
Commission Chair Chris Lyden, confirmed the motion to have a joint meeting and 172
confirmed his support to have atto rneys for both groups present and that their attorney be 173
paid outside of their $1,500 annual budget (just for this one meeting). The mayor said he 174
also hea rd that the commission has a standing concern about losing their minute taking 175
services (Timesavers) and he would support having that service again. A council 176
member replied that if there are to be two attorneys at a joint meeting , it should be agreed 177
CITY COUNCIL WORK SESSION February 4, 2013
DRAFT
5
upon beforehand that they are there to reach a resolution and not to debate issues. Some 178
council members will be attending the next charter commission meeting. 179
180
8. Citywide Survey – Mayor Reinert noted that it has been about eight years since the 181
city last conducted a survey and he thinks it would be a good thing to do again. 182
Administrator Karlson estimated the cost of a citywide survey through an experienced 183
firm such as Decision Resources to be in the range of $12,500. The mayor noted that a 184
survey can be used to gain important information such as how residents want to 185
communicate and receive information from the city. It’s not a decision that must be made 186
immediately but the mayor said he ’d like to have a discussion on how to put together a 187
valuable survey with scientific results. Council Member Stoesz suggested exit polling at 188
the election and the mayor said it wouldn’t be a bad idea but wouldn’t serve the same 189
purpose as an officially conducted survey. 190
191
Review Council Agenda for Regular meeting of February 11, 2013. The council 192
reviewed the agenda. Administrator Karlson noted, regarding Item 3A, that he is 193
bringing forward a franchise ordinance to continue the city’s franchise with Centerpoint 194
Energy. There is no fee included in the ordinance but that could be added in the future if 195
the co un cil so desired . The ordinance is mainly consistent with what the city has adopted 196
for Centennial Utilities. 197
198
The meeting was adjourned at 10:00 p.m. 199
200
These minutes were considered, corrected and approved at the regular Council meeting held on 201
February 2 5, 2013 . 202
203
204
205
206
Julianne Bartell, City Clerk Jeff Reinert , Mayor 207
208
COUNCIL MINUTES February 11, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : February 11 , 2013 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 6:50 p.m. 7
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8
Roeser , and Mayor Reinert 9
MEMBERS ABSENT : none 10
11
Staff members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 12
Grochala; Chief of Police John Swenson; City Attorney Joseph Langel; and City Clerk Julie Bartell 13
14
PUBLIC COMMENT 15
16
Charlie Swanson, 1210 Buckthorn Lane, address ed the council regarding his concern about pet 17
owners not picking up their pet’s waste. It’s been a long -standing problem in his neighborhood and 18
he was promised previously that waste holder dispensers would be installed but it never happened. 19
He has spo ken with the Police Department but the Community Service Officer who assisted had no 20
idea what the city fine is for not picking up. In his area, neighbors are using a field across the way as 21
a bathroom for their dogs and not picking up the waste. Counc il Member Rafferty noted that there 22
has been a similar problem in his neighborhood; his HOA paid for the special boxes and it has helped 23
somewhat. 24
25
Mayor Reinert aske d that the matter be put on a work session agenda and the council asked to add the 26
mat ter of leash regulations to that discussion. Police Chief Swenson added that the Police 27
Department is working on a YouTube video for animal control information; it should be available 28
soon (March/April). 29
30
SETTING THE AGENDA 31
32
The agenda was approved as pre sented. 33
34
CONSENT AGENDA 35
36
Council Member Rafferty moved to approve the Consent Agenda, Items 1A through1D, as presented . 37
Council Member Stoesz seconded the moti on. Motion carried on a unanimous voice vote. 38
39
ITEM ACTION 40
41
Consideration of Expenditur es: 42
43
February 11, 2013 (Check No. 95101 – 44
95159 , $165,681.14 ) Approved 45
COUNCIL MINUTES February 11, 2013
DRAFT
2
46
Centennial Fire District (Check No. 5672 - 47
5681 , $77,918.11 ) Approved 48
49
January 28, 2013 Council Work Session Minutes Approved 50
51
January 28, 2013 City Council Meetin g Minutes Approved 52
53
Resolution No. 13 -17, Special Event Permit for 54
Trapper’s Bar & Grill Snow Golf Event Approved 55
56
FINANCE DEPARTMENT REPORT 57
58
There was no report from the Finance Department. 59
60
ADMINISTRATION DEPARTMENT REPORT 61
62
3A) First Reading of Ordinance No . 06 -12, Granting a Nonexclusive Gas Franchise to 63
CenterPoint Energy – Administrator Karlson explained that the ordinance would grant a 20 -year 64
franchise. It includes some recent language changes in franchises, most not substantive, but one 65
having to do with restoration of public grounds and another removing the requirement for 66
construction performance bonds. Staff is recommending approval of first reading. 67
68
Council Member O’Donnell moved to approve first reading of Ordinance No. 06 -12 as presented. 69
Cou ncil Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 70
71
PUBLIC SAFETY DEPARTMENT REPORT 72
73
There was no report from the Public Safety Department. 74
75
PUBLIC SERVICES DEPARTMENT REPORT 76
77
There was no report from the Public Services Dep artment. 78
79
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 80
81
Item 6A was removed from the agenda. 82
83
6B) Resolution No. 13 -12, Joint Powers Agreement with Anoka County regarding the I35W 84
Pedestrian Bridge project – Community Development Director Grochala explained that the council 85
previously approved the plans and specifications for this project that is expected to be completed by 86
fall 2013. The agreement before the council sets forward the responsibilities of the different 87
jurisdictions. The project is fully fund ed by the federal government and Anoka County. The city’s 88
responsibilities will be maintenance on either side of the bridge (including long term maintenance). 89
90
COUNCIL MINUTES February 11, 2013
DRAFT
3
Council Member Rafferty moved to approve Resolution No. 13 -12 as presented. Council Member 91
S toesz seconded the motion. Motion carried on a unanimous voice vote. 92
93
UNFINISHED BUSINESS 94
95
There was no Unfinished Business. 96
97
NEW BUSINESS 98
99
There was no New Business. 100
101
COMMUNTY EVENTS 102
103
MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on S aturday, February 16, 104
2013 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 105
106
CENTERVILLE ANNUAL ICE FISHING CONTEST will be held Saturday, February 16 at 11:00 107
a.m. on Centerville Lake. Prizes, booya, chili, beverages, etc. 108
109
MI SS LINO LAKES AMBASSADOR BREAKFAST will be held at the American Legion Post on 110
Lake Drive from 9:00 a.m. to 12:00 a.m. Sunday, February 24, 2013. 111
112
SNOW GOLF There will be Snow Golf on the Lake held at Trappers Bar & Grill Saturday, February 113
23 and Sunday, February 24, 2013. 114
115
COMMUNITY CALENDAR 116
117
Community Calendar – A Look Ahead 118
February 11 , 201 3 through February 25, 201 3 119
Wednesday, February 13 6:30 pm, Council Chambers Planning & Zoning 120
Thursday, February 21 6:30 pm, Community Room Charter Commission 121
Mo nday, February 25 5:30 pm, Community Room Council Work Session 122
Monday, February 25 6:30 pm, Council Chambers City Council Meeting 123
124
125
ADJOURN 126
127
There being no further business, Council Member Rafferty moved to adjourn at 6:50 p.m. Council 128
Member Stoesz sec onded the motion. Motion carried unanimously. 129
130
These minutes were considered and approved at the regular Council Meeting, February 25, 2013 . 131
132
133
134
135
Julianne Bartell, City Clerk Jeff Reinert , Mayor 136
CITY COUNC I L
AGENDA ITEM 1D
STAFF ORIGINATOR: Li sa Hogstad -Osterhues , Deputy City Clerk
DATE: February 25 , 201 3
TOPIC: Approve Application of Rice Lake Elementary PTO
to Conduct Two Excluded Bingo Event s
VOTE REQUIRED: 3/5
INTRODUCTION
The C ity has received an application from a representative of the Rice Lake Elementary
PTO to conduct two excluded bingo events at the school at 575 Birch Street on April 7 and
September 1 3 , 201 3 .
BACKGROUND
Under Minnesota Statute s, 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 Rice Lake E lementary PTO organization meets this
requirement . T he organization also meets the requirements of the Lino Lakes City Code
since the physical site where the organization regularly conducts its activities is located
within the c ity .
The application and ba ckground information are on file in the city clerk’s office.
RECOMMENDATION:
Ap prove the request to conduct two bingo event s .
CLOSED COUNCIL SESSION February 11 , 2013
DRAFT
1
1
CITY OF LINO LAKES 2
MINUTES 3
CLOSED COUNCIL SESSION 4
5
DATE : February 11 , 2013 6
TIME STARTED : 7:45 p.m. 7
TIME ENDED : 8:25 p.m. 8
MEMBERS PRESENT : Council Members Rafferty, Stoesz , 9
Roeser , O’Donnell and Mayor Reinert 10
MEMBERS ABSEN T : none 11
12
St aff present: City Administrator Jeff Karlson. 13
14
Mayor Reinert called the meeting to order at 7:45 p.m. in the Council Workroom at Lino 15
Lakes City Hall. 16
17
The meeting was convened as a closed session of the city council pursuant to the O pen 18
Meeting Law for t he express purpose of discussing labor negotiations . 19
20
The meeting was recorded as required. 21
22
Th e meeting was adjourned at 8:25 p.m. 23
24
These minutes were considered, corrected and approved at the regular Council meeting held on 25
February 25 , 2013 . 26
27
28
29
30
Julianne Bartell, City Clerk Jeff Reinert , Mayor 31
32
CLOSED COUNCIL SESSION February 11 , 2013
DRAFT
1
1
CITY OF LINO LAKES 2
MINUTES 3
CLOSED COUNCIL SESSION 4
5
DATE : February 11 , 2013 6
TIME STARTED : 6:02 p.m. (recessed at 6:26 p.m.; 7
reopened at 6:56 p.m.) 8
TIME ENDED : 7:40 p.m. 9
MEMBERS PRESENT : Council Members Rafferty, S toesz , 10
Roeser , O’Donnell and Mayor Reinert 11
MEMBERS ABSEN T : none 12
13
St aff present: City Administrator Jeff Karlson; Community Development Director 14
Michael Grochala; City Attorney Joe Langel. 15
16
T he meeting was called to order at 6:02 p.m. in the Counc il Workroom at Lino Lakes 17
City Hall. 18
19
The meeting was convened as a closed session of the city council pursuant to the Open 20
Meeting Law for t he express purpose of discussing assessment mediation . 21
22
The meeting was not recorded as allowed under state statute . 23
24
Th e meeting was adjourned at 7:40 p.m. 25
26
These minutes were considered, corrected and approved at the regular Council meeting held on 27
February 25 , 2013 . 28
29
30
31
32
Julianne Bartell, City Clerk Jeff Reinert , Mayor 33
34
CITY COUNCIL SPECIAL WORK SESSION January 28, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : January 28, 2013 4
TIME STARTED : 7:2 5 p.m. 5
MEMBERS PRESENT : Council M ember Stoesz, O’Donnell, 6
Rafferty , Roeser and Mayor Reinert 7
MEMBERS ABSENT : none 8
9
Staff members present: City Administrator Jeff Karlson; Community Development 10
Director Michael Grochala; Econom ic Development Coordinator Mary Alice Divine; 11
City Planner Katie Larsen; City Engineer Jason Wedel ; City Clerk Julie Bartell 12
13
The special meeting was call ed for the purpose of discussing economic development. 14
15
Economic Development Goals - Economic Development Coordinator Divine reviewed 16
her written report. She discussed the relationship of the city’s Comprehensive Plan goals 17
to economic development. The council heard and discussed policies that are included in 18
the Plan specific to attracting new light industrial, high tech, business and professional 19
services enterprises and maintaining and expanding existing businesses in the city. 20
Current job statistics for the city as well as potential job growth as reported by the State 21
were discussed by the council. Information was provided on the current location of 22
commercial/industrial districts i n the city as well as what high tech firms look for when 23
deciding on locating their facilities. Information was also provided on data centers and 24
clinic possibilities and what can be done to promote them locating in Lino Lakes. 25
26
Design, Construction and Financing of Public Improvements for Residential 27
Development – Community Development Coordinator Grochala reviewed his written 28
report on the subject. An area developer has expressed interest in having the city design, 29
construct and finance public improve ments for a residential property development. This 30
would be a shift from past practice whereby the majority of public improvements for 31
development projects have been financed by the developer. His report outlines the 32
positives and negatives of the shift. The council will continue discussion of the subject. 33
34
The meeting was adjourned at 8:45 p.m. 35
36
These minutes were considered, corrected and approved at the regular Council meeting held on 37
February 25, 2013 . 38
39
40
41
42
Julianne Bartell, City Clerk Jeff Reinert , Mayor 43
44
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIG INATOR: Jeff Karlson
MEETING DATE: February 25, 2013
TOPIC: Regional Utility System Feasibility Study
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve a resolution supporting the concept of a shared water
and sewer system with the cities of Centerville, Circle Pines, Columbus, Hugo, and Lexington.
BACKGROUND
About a year ago, the six administrators began discussing the feasibility of combin ing utility
operations to reduce costs. Hugo’s city engineer, Jay Kennedy, prepared a report and
concluded that there were no technical barriers to consider.
We have been in communication with State Representative Linda Runbeck about procuring a
grant fr om the Public Facilities Authority to study the feasibility of establishing a joint sewer
and water system. A legislative bill (attached) has been drafted and Representative Runbeck is
waiting for each city to support this measure before introducing the b ill. The other five city
councils have already voted to support the funding request. Each participating city would
contribute an equal amount for the cost of the study. We would like to limit the total
contribu tion to ten percent of the cost of the stud y up to $75,000, which would be $1,250 for
each city.
RECOMMENDATION
Consider approving Resolution No. 13 -22, requesting funding to investigate the feasibility of
collaboration venture.
ATTACHMENTS
Resolution No. 13 -22
Draft of Legislative Bill
CITY OF LINO LAKES
RESOLUTION NO. 13 -22
RESOLUTION REQUESTING FUNDING TO INVESTIGATE
THE FEASIBILITY OF A COLLABORATION VENTURE
WHER EAS, the cities of Centerville, Circle Pines, Columbus, Hugo, Lino Lakes, and
Lexington have collaborated to save money a nd improve efficiencies in a variety of areas
where all or some of the cities participate . These areas includ e building inspection, road salt
management, equipment purchases and sharing, fuel purchasing, police services, and fire
services ; and
WHEREAS , t he six cities see a potential opportunity to collaborate in the operation and
maintenance of sanitary sewer systems and water supply and distribution systems (“U tility
System s ”); and
WHEREAS , the age and condition of the U tility Systems within the cities vary; and
WHEREAS , some of the six cities h ave considerable room to grow , which will require
significant investment to expand the U tility Systems while other cities are fully developed
and may need earlier replacement as the U tility System s age; and
WH EREAS , the six cities have a duplication of staff and equipment to operate and maintain
the U tility Systems and a joint entity may provide cost savings and efficiency ; and
WHEREAS , the C ity C ouncil recognizes the complexity and uncertainty of this
c ollabo ration with no assurance that Lino Lakes w ould benefit from it; and
WHEREAS, engineering studies and a financial analysis are needed to determine if this
collaborat ion effort w ould be advantageous.
NOW, THEREFORE , B E IT RESOLVED by the City Council of th e City of Lino Lakes
that the Council supports the concept of shared U tility S ystems if it benefits the City.
BE IT FURTHER RESOLVED THAT:
1. The C ouncil recognizes the po tential benefit of joint operation of its U tility Systems;
2. Staff is authorized to su bmit application s on the C ity’s behalf to secure grant fund ing
for a detailed feasibility analysis of the cooperative utility concept.
3. Th is resolution does not commit the C ity to move forward with any cooperative
agreements, but is intended to begin a pro cess for determining the be nefits and
disadvantages of joint U tility Systems in order for the City Council to make a well
informed decision after the feasibility analysis is completed .
Adopted by the City Council of the City of Lino Lakes this 2 5 th day o f February 2013 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
__________ and was duly seconded by Council Member __________, and upon a vote being
taken thereon, the following voted in favor thereof:
The follo wing voted against same:
________________________________
Mayor Jeff Reinert
ATTEST:
___________________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3 B
STAFF ORIGINATOR: Jeff Karlson
MEETING DATE: February 25 , 2013
TOPIC: Consider 2 nd Reading of Ordinance No. 0 6 -12, Granting a
Nonexclusive Gas Franchise to CenterPoint Energy
VOTE REQIURED: 3 /5
INTRODUCTION
The C ity Council is being asked to consider the adoption of Ordinance No. 0 6 -12, g ranting a
n onexclusive g as f ranchise to C enterPoint Energy for a 20 -year period. The first reading of the
ordinance was approved on February 11, 2013.
BACKGROUND
The City’s 25 -year franchise agreement with Cente rPoint Energy expired on the same day as
Circle Pines/Centennial Utilities, which was March 31, 2012. The City was able to reach a
settlement with Centennial Utilities last October, which included a four percent franchis e fee.
The gas franchise with CenterPoint is nearly identical to Centennial Utilities’ except that
CenterPoint customers in Lino Lakes will not be charged a franchise fee; however, the City
Council reserves the right to impose a franchise fee with the co ndition that similar fees are
charged to other gas utilities. The only other gas utility operating in Lino Lakes is Xcel Energy.
R ECOMMENDATION
Staff is recommending : a doption of the 2 nd reading of O rdinance No. 0 6 -12, granting a
nonexclusive franchis e to C enterPoint Energy ; and (2) adoption of Resolution No. 13 -19 ,
approving a summary of Ordinance No. 06 -12 for publication.
A TTACHM ENTS
Ordinance No. 0 6 -12
Resolution No. 13 -19
1
1 st Reading: Publication:
2 nd Reading: Effective:
CenterPoint Energy
Gas Franchise Ordinance
ORDINANCE NO. 6-12
CITY OF LINO LAKES , ANOKA COUNTY, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY MINNESOT A GAS (“CENTERPOINT ENERGY”), ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY
FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS
OF THE CITY OF LINO LAKES, ANOKA, COUNTY, MINNESOTA, FOR SUCH
PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF
THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY,
MINNESOTA, DOES ORDAIN:
SECTION 1. DEFINITIONS
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
City. The City of Lino Lakes, County of Anoka, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated
by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic
signals, but excluding facilities for providing heating, lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the authority
to regulate gas retail rates now vested in the Minnesota Public Utilities Commissi on.
Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas
(“CenterPoint Energy”) it s successors and assigns including all successors or assigns that own or
operate any part or parts of the Gas Facilities subject to this Franchise.
Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or
mixed gas.
2
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing Gas Energy for retail or wholesale use.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle
Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Administrator,
City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014. Any party may change its
respective address for the purpose of this Ordinance by written Notice to the other parties.
Ordinance. This gas franchise ordinance, also referred to as the Franchise.
Public Way. Any highway, street, alley, or other public right-of -way within the City.
Public Ground. Land owned or otherwise controlled by the City for utility easements,
park, trail, walkway, open space or other public property, which is held for use in common by the
public or for public benefit.
SECTION 2. ADOPTION OF FRANCHISE
2.1 Grant of Franchise . City hereby grants Company , f or a period of 20 years from the
date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute
and sell Gas Energy for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future and also the right to transport Gas
Energy through the limits of the City for use outside of the City limits. For these purposes,
Company may construct, operate, repair, and maintain Gas Facilities in, on, over, under, and across
the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do
all reasonable things necessary or customary to accomplish these purposes, subject, however, to
such reasonable regulations as may be imposed by the City pursuant to a public right-of -way
ordinance or permit requirements adopted consistent with state law.
2.2 Effective Date; Written Acceptance . This Franchise shall be in force and effect
from and after the passage of this Ordinance and publication as required by law and its acceptance
by Company. If Company does not file a written acceptance with the City within 60 days after the
date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the
Company does not accept this Franchise, the City Council by resolution shall revoke this Franchise.
2.3. Service and Gas Rates . The terms and conditions of service and the rates to be
charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the
Commission.
2.4. Publication Expense . Company shall pay the expense of publication of this
Ordinance.
2.5. Dispute Resolution . If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
3
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator .
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this Franchise or for such other relief as may be permitted by law or equity .
2.6. Continuation of Franchise. If the City and the Company are unable to agree on the
terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until
a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice
to the other party of its intention to allow Franchise to expire. However, in no event shall this
Franchise continue for more than one year after expiration of the 20-year term set forth in Section
2.1.
SECTION 3. LOCATION, OTHER REGU LA TIONS
3.1. Location of Facilities . Gas Facilities shall be located, constructed, and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located
on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities
shall be subject to reasonable regulations of the City consistent with authority granted the City to
manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a
specific term of this Franchise.
3.2. Street Openings . Company shall not open or disturb the surface of any Public Way
or Public Ground for any purpose without first having obtained a permit from the City, if required
by a separate ordinance, for which the City may impose a reasonable fee . Permit conditions
imposed on Company shall not be more burdensome than those imposed on other public-right-of -
way users for similar facilities or work. Company may, however, open and disturb the surface of
any Public Way or Public Ground without a permit if (i) an emergency exists requiring the
immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the
City before commencement of the emergency repair, if reasonably possible. Within two business
days after commencing the repair, Company shall apply for any required permits and pay any
required fees.
3.3. Restoration . After undertaking any work requiring the opening of any Public Way
or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with
Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as
formerly existed, and shall maintain the hard surfaces in good condition for two years thereafter.
All work shall be completed as promptly as weather permits, and if Company shall not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public
Ground in the said condition, the City shall have, after demand to Company to cure and the passage
of a reasonable period of time following the demand, but not to exceed five days, the right to make
the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall
pay to the City the cost of such work done for or performed by the City.
4
3.4. Avoid Damage to Gas Facilities . The Company must take reasonable measures to
prevent the Gas Facilities from causing damage to persons or property. The Company must take
reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas
Facilities by persons, property, or the elements. Per Minnesota Statute 216D.05, the City must take
protective measures when it performs work near the Gas Facilities.
3.5. Notice of Improvements to Streets . The City will give Company reasonable
written Notice of plans for improvements to Public Ways and Public Grounds where the City has
reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will
contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds
upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time
when the City will start the work, and (v) if more than one Public Way or Public Grounds is
involved, the order in which the work is to proceed. The Notice will be given to Company a
sufficient length of time, considering seasonal working conditions, in advance of the actual
commencement of the work to permit Company to make any additions, alterations or repairs to its
Gas Facilities the Company deems necessary.
3.6 Mapping Information . If requested by City, the Company must promptly provide
complete and accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules 7819.4000 and 7819.4100.
3.7. Emergency Response. As emergency first-responders, when a public safety
concern exists both the City and Company shall respond to gas emergencies within the City without
additional direct fee or expense to either City or Company.
SECTION 4. RELOCATIONS
4.1. Relocation in Public Ways and Public Grounds. The Company and City shall
comply with the provisions of Minnesota Rules 7819.3100 , with respect to requests for the
Company to relocate Gas Facilities located in either Public Ways or Public Grounds.
4.2. Projects with Federal Funding . Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a federally
aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45
and 161.46.
SECTION 5. INDEMNIFICATION
5.1. Indemnity of City . Company shall indemnify and hold the City harmless from any
and all liability, on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for
losses or claims occasioned through its own negligence or otherwise wrongful act or omission
except for losses or claims arising out of or alleging the City's negligence as to the issuance of
permits for, or inspection of, Company's plans or work.
5
5.2. Defense of City . In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written Notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such Notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The
Company, in defending any action on behalf of the City, shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf . This Franchise agreement
shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or
limitations on liability.
SECTION 6 . VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS
The City shall give Company at least two weeks prior written Notice of a proposed vacation
of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota
Rules 7819.3100 and Minnesota Rules 7819.3200 with respect to any request for vacation.
SECTION 7. CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 8. FRANCHISE FEE
8.1. Form. During the term of the franchise hereby granted, the City may charge the
Company a franchise fee. The Company will administer the collection and payment of franchise
fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in
relati on to its operations as a public utility in the City. The franchise fee will be collected on a flat
per meter basis , or by some other method that is mutually acceptable to both City and Company for
each retail customer within the corporate limits of the C ity. The amount of the fee collected may
differ for each customer class. The City will use a formula that provides a stable and predictable
amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not
exceed any amount t hat the Company may legally charge to its customers prior to payment to the
City. If the Company claims that the City required fee formula is discriminatory or otherwise places
the Company at a competitive disadvantage, the Company will provide a formula that will produce
a substantially similar fee amount to the City. If the City and Company are unable to agree, the
disagreement shall be subject to the Dispute Resolution provisions of this Ordinance.
8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance
duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less
than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved
ordinance has been served upon the Company by Certified mail. The Company is not required to
6
collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state
law, provided the Company notifies the City Council of the same within the ninety (90) d ay period.
8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective
against the Company unless it lawfully imposes a fee of the same or substantially similar amount on
the sale of energy within the City by any other energy supplier, provided that, as to such supplier,
the City has the authority or contractual right to require a franchise fee or similar fee through an
agreed-upon franchise.
8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during
complete billing months of the period for which payment is to be made. The franchise fee formula
may be changed from time to time, however, the change shall meet the same Notice and acceptance
requirements and the fee may not be changed more often than annually. Such fee shall not exceed
any amount that the Company may legally charge to its customers prior to payment to the City.
Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds
incurred by the Company. The Company shall not be responsible to pay City fees that Company is
unable to collect under Commission rules or order. The Company agrees to make available for
inspection by the City at reasonable times all records necessary to audit the Company’s
determination of the franchise fee payments.
8.5. Continuation of Franchise Fee. If this franchise expires and the City and the
Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed
by the City at the time this franchise expires, will remain in effect until a new franchise is agreed
upon. However, the franchise fee will not remain in effect for more than one year after the franchise
expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the
franchise fee will terminate at the same time.
SECTION 9. ABANDONED FACILITIES
The Company shall comply with Minnesota Statutes, Section 216D.01 et seq. and
Minnesota Rules 7819.3300, as they may be amended from time to time with respect to
abandoned facilities located in Public Ways and Public Grounds. The Company shall maintain
records describing the exact location of all abandoned and retired Gas Facilities within the Public
Ways and Public Grounds produce such records at the City’s request and comply with the
location requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned
and retired Gas Facilities not located in Public Ways and Public Grounds.
SECTION 10. PROVISIONS OF ORDINA NCE
10.1. Severability . Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part shall
be held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
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10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and the Company as the only parties. No provisions herein shall in any way
inure to the benefit of any third person (including the public at large) so as to constitute any such
person as a third party beneficiary of this Ord inance or of any one or more of the terms hereof, or
otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE
Either party may propose at any time that this Franchise Ordinance be amended. Franchise
Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the
provisions of the amendment, which amendatory ordinance shall become effective upon the filing of
Company’s written consent thereto with the City Clerk within 60 days after the effective date of the
am endatory ordinance. If the Company does not consent to the amendment, the ordinance
containing the amendment shall be revoked by City.
Adopted by the Lino Lakes City Council this 25 th day of February 2013.
The motion for the adoption of the forgoing ordinance was introduced by Councilmember
_________________ and duly seconded by Councilmember _____________ and upon vote being
taken thereof, the following voted in favor thereof:
The following voted against same:
______________________________________
Jeff Reinert, Mayor
Attest:
____________________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 1 3 -19
RESOLUTION APPROVING A SUMMARY OF
ORDINANCE NO. 0 6 -12 FOR PUBLICATION
WHEREAS , the City Council has approved the first and second reading of Ordinance No. 0 6 -
12, granting a nonexclusive gas franchise to CenterP oint Energy ; and
WHEREAS , Ordinance No. 0 6 -12 is lengthy and Minnesota Statute 412.191 provides for a city
to publish a summary of an ordinance; and
WHEREAS , the City Council has determined that the summary clearly informs the public of the
intent and ef fect of the ordinance; and
WHEREAS , the publication is the official newspaper will include a notice that a complete copy
of the ordinance is available at City Hall.
NOW, THEREFORE BE IT RESOLVED that t he City Council of the City of Lino Lakes
approves th e summary in Attachment A for publication according to state law and the City
Charter.
Adopted by the City Council o f the City of Lino Lakes this 25 th day of February 20 1 3 .
The motion for the adoption of the foregoing resolution was introduced by Coun cil Member
_____________and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert , Mayor
ATTEST:
________________________________
Julianne Bartell, City Clerk
ATTACHMENT A
RESOLUTION NO. 1 3 -19
SUMMARY OF ORDINA N CE NO. 0 6 -12
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., DBA
CENTE RPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR , AND MAINTAIN A GAS DISTRIBUTION SYSTEM, INCLUDING
NECESSARY GAS MAINS, PIPES, AND EQUIPMENT FOR THE
T RANSPORTATION, D ISTRIBUTION, AND SALE OF GAS FOR PUBLIC AND
PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUND S OF THE
CITY OF LINO LAKES FOR SUCH PURPOSE; AND PRESCRIBING CERTAIN
TERMS AND CONDITIONS THEREOF.
The following is the official summary of Ordinance No. 0 6 -12 approved by the Lino Lakes City
Council on February 25 , 2013 . The purpose of the ordinance is to grant CenterPoint Energy a
20 -year nonexclusive franchise to operate, repair , and maintain a natural gas distribution system
within the city limits of the City of Lino Lakes . The terms and conditions of service and the
rates to be charged by CenterPoint Energy for natural gas energy are subject to the exclusive
jurisdiction of the Minnesota Public Utilities Commission. The ordinance provides for a method
of dispute resolution if either the City of Lino Lakes or C enterPoint Energy asserts that the other
party has defaulted in the terms of the gas franchise ordinance. The ordinance provides that all
gas facilities shall be located, constructed, and maintained so as not to interfere with the safety
and convenience of ordinary travel along and over public ways.
The ordinance also provides that C enterPoint Energy shall indemnify and hold the City of Lino
Lakes harmless from liability on account of injury to persons or damage to property occasioned
by the construction, maintenance, repair, inspection, the issuance of permits, or the operations of
the Gas Facilities located in the City of Lino Lakes ’s public rights of way and public grounds.
Published in the Quad Community Press on _____________________.
CITY COUNCIL
AGENDA ITEM 6 -A
STAFF ORIG INATOR: Mary Alice Divine
MEETING DATE: February 25 , 2013
TOPIC: Consideration of Resolution No. 13 -20 Approving Efforts to Seek
Special Legislation Authorizing Conveyance o f Certain Tax -
Forfeited Land from Anoka County to the City of Lino Lakes
VOTE REQUIRED: 3/5
INTRODUCTION
A resolution by the City of Lino Lakes City Council is required when seeking special
legislative authority to allow Anoka County to convey the tax forfeited properties within the
Legacy at Woods Edge development without monetary consideration.
BACKGROUND
Earlier this evening the Lino Lakes Economic Development Authority considered a resolution
to obtain special legislation for the purpose of obtaining all the properties within the
development without monetary consideration. This request for legislation is based on the
reasoning that the outstanding assessments are greater than the market value of the properties,
so all the proceeds of a sale would be returned to the City to pay those outstanding assessments,
as required by state law. There is no net loss to any other taxing jurisdiction through
reconveyance of the properties, and this eliminates the need for a parcel by parcel purchase
from th e County for the purposes of development. The parcel that is proposed to be purchased
by the Lino Lakes Assisted Living is exempt from this proposed legislation.
If the City is able to convey parcels to private parties for more than the amount of the
asse ssments, the bill provides that the City will return 10 percent of the gross sale proceeds to
the County for redistribution to taxing jurisdictions. This language provides a potential
recovery of a portion of the delinquent taxes if the market conditions p ermit.
RECOMMENDATION
Approve Resolution No. 13 -20
ATTACHMENTS
1. Resolution No. 13 -20
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 13 -20
APPROVING EFFORTS TO SEEK SPECIAL LEGISLATION AUTHORIZING
CONVEYANCE OF CERTAIN TAX -FORFEITED LAND TO THE LINO LAKES
ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the City Council of the City of Lin o 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 development 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 issued it s 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 Legac y 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 “Recreation 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 facility in t he 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 Obliga tion 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 Legacy 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, sixteen parcels of property within the Legacy at Woods Edge
Development (not including the YMCA property) were for eclosed 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 Section 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 Drive Int erchange.
418476v3 JAE LN140 -80 2
1.05. In 2010, following 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 exceeded the market value of the properties ,
and those properties were tax forfeited.
1.06. The City and EDA continue to market the property within the Legacy at Woods
Edge Development to private developers in order to get the properties back into the hands of privat e
owners and to complete the redevelopment process originally commenced in 2004. Returning these
properties to private ownership will result in special assessments being paid and property taxes
being collected. In turn, the special assessments, abatement s, 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 2 82.01, Subd. 1a allows the EDA to purchase tax -
forfeited properties for fair market value , and proceeds received by the County are applied first to
pay county administrative costs and second to pay special assessments that were outstanding at the
time of forfei ture. However, that process is time -cons uming and cumbersome, and the amount the
of county administrative costs is not determined until the end of each year, creating uncertainty in
the amounts developers will be required to pay.
1.08. The City and EDA have therefore determined to seek speci al legislation in the
2013 legislative session that would direct conveyance of the tax -forfeited properties within the
Legacy at Woods Edge Development to the EDA without monetary consideration.
1.09. The proposed special legislation would require that, when the EDA sells a parcel to
private party, it must return to the County 10% of the gross proceeds from sale of the parcel. This
would occur only if the EDA is able to sell for a price in excess of the special assessments that were
in place at forfeitu re.
1.10 . T he EDA 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, regarding an adjacent tax -forfeited parcel (Outlot A ) to be acqu ired by that entity for
expansion of its facility; and that parcel will be excluded from the special legislation.
1.1 1 . The City has determined that enactment of the special legislation described above
is necessary to complete the ongoing redevelopment o f 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 the EDA to acquire all the tax -forfeit ed properties in the
Legacy at Woods Edge Development (except Outlot A ) for no consideration, as described above.
2.02. City officials, staff and consultants are hereby authorized and directed to take any
and all other steps necessary or convenient in or der to obtain approval of the special legislation
described in this resolution.
418476v3 JAE LN140 -80 3
Adopted by the City Council of the City of Lino Lakes, Minnesota, this 25h day of February,
2013.
Jeff Reinert
Mayor
ATTEST:
Julie Bartell
City Clerk