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Home My WebLink About03-25-13 Council Packet EXPANDED AGENDA Updated 3-22-13 CITY COUNCIL AGENDA Monday , March 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 COU NCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Outdoor Storage in Industrial Zones 2. Review Regular Agenda ECONOMIC DEVELOPMENT AUTHORITY MEETING, 6:2 0 P.M. See separate agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order – 6:30 p.m.  Ro ll Call - Council Members Stoesz, O’Donnell, Roeser & Rafferty, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment James Langford, 7849 Main St., thanked the council for their good budget work and for their role in getting a bike lane project approved for the Main St/35W bridge  Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. 1. CONSENT AGENDA A) Consideration of Expenditures: i) March 25 , 2013 (Check No. 95307 through 95378 ) in the amount of $204,783.55; ii) Centennial Fire District (Check No. 5720 through 5742) in the amount of $23,835.67 ); B) Consider approval of March 4 , 2013 Work Session Minutes C) Consider approval of March 11, 2013 Council Meeting Minutes D) Consider Approval of Charter Commission Expenses for Secretarial Services Council Agenda -2- March 25, 2013 EXPANDED AGENDA Action Taken: Motion by O’Donnell, seconded by Roeser , to approve the Co nsent Agenda, Items 1A through 1D, as presented, was adopted 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTMENT A) Consider Approval of Two-Year Labor Agreement with IUOE Local 49, Jeff Karlson Action Taken: Motion by O’Donnell, seconded by Rafferty , to approve the agreement as presented was adopted ; Council Member Roeser voted nay 4. P UBLIC SAFETY DEPARTMENT No report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 13-36, Authorizing Execution of Anoka County Agreement for 2013 Residential Recycling Program, Marty Asleson Action Taken: Motion by Roeser , sec onded by Rafferty, to approve Re solution No. 13-36 as presented was adopted B) Consider Resolution No. 13-27, Approving Development Agreement, Forest View Acres 2 nd Addition , Michael Grochala Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Re solution No. 13-27 as presented was adopted C) Consider Resolution No. 13-35, Authorizing Plans & Specification for the 2013 Street Seal Coating Project, Jason Wedel Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-35 as presented was adopted D) Consider Resolution No. 13-34, Authorizing Preparation of Plans & Specifications, 2013 Street Overlay Project, Jason Wedel Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 13-34 as p rese nted was adopted E) Consider Resolution No. 13-37, Authorizing Construction Services Contract, Otter L ake Road Extension Project, Michael Grochala Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Re solution No. 13-37 as presented was ado pte d Council Agenda -3- March 25, 2013 EXPANDED AGENDA 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Stoesz, to adjourn at 7:05 p.m. was adopted Following adjournment of the regular meeting, the council will reconvene to a special work session to discus s economic development Community Calendar – A Look Ahead March 25, 2013 through April 8 , 2013 Wednesday, March 27 6:30 pm, Council Chambers Environmental Board Monday, April 1 5:30 pm, Community Room Council Work Session Thursday, April 4 8:00 am, Community Room EDAC Monday, April 8 6:30 pm, Council Chambers City Council Meeting CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1 Input Dates: 3/2/2013 - 3/15/2013Mar 15, 2013 01:09PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 03/15/2013 10600 ANCOM COMMUNICATIONS, INC ANCOM CO 10600359261 Invoi PAGER EQUIPMENT03/15/201303/15/20135,358.22801-42-2210-57003/13 Total 10600 ANCOM COMM UNICATION S, INC:5,358.22 11490 ARC STONE TECHNOLOGIES ARC STON 114900315131 Invoi FEMA GRANT-WEBSITE03/15/2013 03/15/20134,595.00 801-42-2350-32103/13 Total 11490 ARC STONE TECHNOLOGIES:4,595.00 11565 ASPEN MILLS, INC ASPEN MIL 115651324951 Invoi UNIFORMS03/15/201303/15/2013120.00801-42-2210-21803/13 Total 11565 ASPEN MILLS, INC:120.00 30480 CENTENNIAL UTILITIES CENTENNI 304800315131 Invoi FEB UTILITIES03/15/201303/15/2013647.62801-42-2210-38003/13 Total 30480 CENTENNIAL UTILITIES:647.62 30490 CENTERPOINT ENERGY CENTERP 304900315131 Invoi STATION 2 GAS03/15/201303/15/2013579.60801-42-2210-38003/13 Total 30490 CENTERPOINT ENERGY:579.60 30800 COLUMBIA HEIGHTS FIRE DEPT COLUMBIA 308000315131 InvoiFEMA GRANT MEDICAL EVALU 03/15/201303/15/2013486.00801-42-2350-30803/13 Total 30800 COLUMBIA HEIGHTS FIRE DEPT:486.00 31008 COMCAST COMCAST310080315131 InvoiINTERNET CENTERVILLE STATI 03/15/201303/15/2013101.50801-42-2210-32103/13 Total 31008 COMCAST:101.50 31137 CONNEXUS ENERGY CONNEXU 311370315131 Invoi ELECTRIC STATION 103/15/201303/15/2013532.02801-42-2210-38003/13 Total 31137 CONNEXUS ENERGY:532.02 60300 FIRE SAFETY USA, INC FIRE SAFE 60300590431 Invoi HELMET SHIELD03/15/201303/15/2013225.00801-42-2210-21803/13 FIRE SAFE 60300591691 Invoi GLOVES03/15/201303/15/2013 116.59801-42-2210-21803/13 Total 60300 FIRE SAFETY USA, INC:341.59 60650 FRATTALLONE'S HARDWARE STORE FRATTALL 606500315131 Invoi TOOLS03/15/201303/15/2013 74.24801-42-2210-20403/13 FRATTALL 606500315132 Invoi BLDG MTC03/15/201303/15/201314.58801-42-2210-40103/13 FRATTALL 606500315133 Invoi BLDG SUPPLIES03/15/201303/15/201332.04801-42-2210-20203/13 Total 60650 FRATTALLONE'S HARDWARE STORE:120.86 70578 GRAINGER GRAINGER70578 90801847 1 Invoi OFFICE SUPPLIES03/15/2013 03/15/2013121.86801-42-2210-20103/13 GRAINGER70578 90818227 1 Invoi BLDG MTC03/15/201303/15/201342.21801-42-2210-40103/13 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2 Input Dates: 3/2/2013 - 3/15/2013Mar 15, 2013 01:09PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period Total 70578 GRAINGER:164.07 80210 HAM LAKE FIRE DEPARTMENT HAM LAKE 802100315131 Invoi FEMA GRANT PPE03/15/201303/15/20134,800.00801-42-2350-21803/13 HAM LAKE 802100315132 InvoiFEMA GRANT MEDICAL EVALU 03/15/201303/15/2013750.00801-42-2350-30803/13 Total 80210 HAM LAKE FIRE DEPARTMENT:5,550.00 110300 KIRVIDA FIRE, INC KIRVIDA FI 11030031771 Invoi 2000 FREIGHTLINER REPAIR03/15/201303/15/2013879.75801-42-2210-40403/13 KIRVIDA FI 11030031781 Invoi 1991 FORD TANKER REPAIR03/15/201303/15/2013155.75801-42-2210-40403/13 Total 110300 KIRVIDA FIRE, INC:1,035.50 120490 LOFFLER COMPANIES, INC LOFFLER 12049015354181 Invoi COPIER MTC CONTRACT03/15/201303/15/2013352.94801-42-2210-40603/13 Total 120490 LOFFLER COMPANIES, INC:352.94 140600 NAC NAC140600898591 InvoiSTATION 2 MTC MAKE UP AIR 03/15/201303/15/2013364.75801-42-2210-40103/13 Total 140600 NAC:364.75 160050 PAETEC PAETEC16005052033401 Invoi PHONES STATION 203/15/2013 03/15/2013157.16801-42-2210-32103/13 Total 160050 PAETEC:157.16 160493 PREMIUM WATERS, INC PREMIUM 160493 625346-02 1 Invoi BOTTLED H2003/15/201303/15/201324.44801-42-2210-20103/13 Total 160493 PREMIUM WATERS, INC:24.44 180060 BRADLEY C RACUTT BRADLEY 1800600315131 Invoi REPAIR MEDICAL BAG03/15/2013 03/15/201326.00801-42-2210-40503/13 Total 180060 BRADLEY C RACUTT:26.00 180600 CITY OF ROSEVILLE CITY OF R 18060002172471 Invoi JT POWERS MIS03/15/201303/15/20131,138.33801-42-2210-32003/13 CITY OF R 18060002172741 Invoi MARCH PHONE03/15/201303/15/2013141.00801-42-2210-32103/13 Total 180600 CITY OF ROSEVILLE:1,279.33 200150 THOMAS MOTORS, INC THOMAS M 200150242051 Invoi '99 EXPLORER REPAIR03/15/201303/15/2013588.63801-42-2210-40403/13 THOMAS M 200150243041 Invoi '93 K3500 MTC03/15/201303/15/2013217.92801-42-2210-40403/13 THOMAS M 200150243091 Invoi '04 EXPEDITION REPAIR/MTC03/15/201303/15/2013438.13 801-42-2210-40403/13 THOMAS M 200150243561 Invoi ''09 ESCAPE MTC03/15/201303/15/2013155.81801-42-2210-40403/13 Total 200150 THOMAS MOTORS, INC:1,400.49 210232 UNI-SELECT UNI-SELEC 210232388823461 Invoi VEH BULB03/15/201303/15/20137.20801-42-2210-21303/13 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3 Input Dates: 3/2/2013 - 3/15/2013Mar 15, 2013 01:09PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period Total 210232 UNI-SELECT:7.20 220200 VERIZON WIRELESS VERIZON 220200 97010519 1 Invoi CELL PHONES03/15/201303/15/2013105.62801-42-2210-32103/13 Total 220200 VERIZON WIRELESS:105.62 240100 XCEL ENERGY XCEL ENE 2401000315131 Invoi ELECTRIC STATION 203/15/201303/15/2013485.76801-42-2210-38003/13 Total 240100 XCEL ENERGY:485.76 Total 03/15/2013:23,835.67 3/15/2013 GL Period Summary GL PeriodAmount 03/1323,835.67 Grand Totals:23,835.67 Grand Totals:23,835.67 Report GL Period Summary GL PeriodAmount 03/1323,835.67 Grand Totals:23,835.67 Vendor number hash:3404811 Vendor number hash - split:3606321 Total number of invoices:30 Total number of transactions:33 Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount Open Terms23,835.67.0023,835.67 Grand Totals:23,835.67.0023,835.67 CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 3/2/2013 - 3/15/2013Mar 15, 2013 01:25PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 03/1303/15/2013572010600ANCOM COMMUNICAT IONS, INPAGER EQUIPMENT5,358.22 03/1303/15/2013572111490ARC STONE TECHNO LOGIESFEMA GRANT-WEBSITE4,595.00 03/1303/15/2013572211565ASPEN MI LLS, INCUNIFORMS120.00 03/1303/15/2013572330480CENTENNIAL UTILITIESFEB UTILITIES647.62 03/1303/15/2013572430490CENTERPOINT ENERGYSTATION 2 GAS579.60 03/1303/15/2013572530800COLUMBIA HEIGHTS FI RE DEPFEMA GRANT MEDICAL EVALU486.00 03/1303/15/2013572631008COMCASTINTERNE T CENTERVILLE STATI101.50 03/1303/15/2013572731137CONNEXUS ENERGYELECTRIC STATION 1532.02 03/1303/15/2013572860300FIRE SAF ETY USA, INCGLOVES341.59 03/1303/15/2013572960650FRATTALLONE'S HARDWARE SBLDG SUPPLIES120.86 03/1303/15/2013573070578GRAI NGERBLDG MTC164.07 03/1303/15/2013573180210HAM LAKE FIRE DEPARTM ENTFEMA GRANT MEDICAL EVALU5,550.00 03/1303/15/20135732110300KIRVIDA FIRE, IN C1991 FORD TANKER REPAIR1,035.50 03/1303/15/20135733120490LOFFLER COMPANIES, INCCOPIER MTC CONTRACT352.94 03/1303/15/20135734140600NACSTATION 2 MTC MAKE UP AIR 364.75 03/1303/15/20135735160050PAETECPHONES STATION 2157.16 03/1303/15/20135736160493PREMIUM WATE RS, INCBOTTLED H2024.44 03/1303/15/20135737180060BRADLEY C RACUTTREPAIR MEDICAL BAG26.00 03/1303/15/20135738180600CITY OF ROSEVILLEMARCH PHONE1,279.33 03/1303/15/20135739200150THOMAS MOTORS , INC''09 ESCAPE MTC1,400.49 03/1303/15/20135740210232UNI-SELECTVEH BULB7.20 03/1303/15/20135741220200VERIZON WIRELESSCELL PHONES105.62 03/1303/15/20135742240100XCEL ENERGYELECTRIC STATION 2485.76 Grand Totals:23,835.67 M = Manual Check, V = Void Check CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : March 4, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 9:10 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : No ne 9 10 11 Staff members present: City Administrator Jeff Karlson; Community Development 12 Director Michael Grochala, Public Safety Director John Swenson; Public Services 13 Director Ric k DeGardner; Finance Director Al Rolek; City Engineer Jason Wedel; 14 Utilities Supervisor Tim Hillesheim; City Clerk Julie Bartell 15 16 1. Bret Weiss, President, WSB & Associates, Inc. –Mr. Weiss gave a PowerPoint 17 presentation on WSB activities in 2013. He hig hlighted a number of new and traditional 18 services offered by the organi zation including: municipal resources, speaker services, 19 planning, economic development, leadership, social media, IT, landscape architecture, 20 water resources, structural services, env ironmental planning, transportation, pavement 21 management and inflow and infiltration services. Mr. Weiss stated that his organization 22 is proud to provide engineering services to the City and he hopes the city will be open to 23 contacting them on any questio ns that arise. The mayor thanked Mr. Weiss for the 24 information, indicated that he is happy with the services that have been provided to the 25 city and recognized city engineer Jason Wedel. Council Member Roeser said he likes the 26 idea of WSB assisting the city in seekin g grants , such as state Legacy funding. WSB 27 representative Brian Bourassa noted the “lunch and learn” series that WSB has produced, 28 including one on grant funding. 29 30 2. Utility Rate Discussion (continued from February 4 work session) - Pu blic 31 Services Director DeGardner noted that the council previously received a utility rate 32 report and asked staff to come back with additional information to assist wit h their 33 discussion of rates. He reviewed h is report that includes a follow up repor t f rom 34 Springsted with comparison information, a spreads heet directly comparing the cities of 35 Blaine and Lino Lakes , and funding analyses for chemicals, utilities, and water/sewer 36 operations. 37 38 Utilities Supervisor Hillesheim reviewed the funding analysis in formation. In the water 39 fund, the highest expenditure is for chemicals (the water supply is fairly hard). 40 Polyphosphate (C -5) is by far the biggest expense. Some of the use of chemicals is 41 driven by customer complaint (look of water). He noted that the city of Blaine (at the 42 lowest position in comparisons) has three treatment facilities and that lowers the need for 43 chemicals. Mr. DeGardner pointed out that each city has a different situati on for such 44 things as resources and needs. 45 CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 2 The council discuss ed the possibility of lessening use of C5 during the summer months 46 when t he water usage is the highest (due to irrigation) and it is needed the least. The 47 mayor suggested that it may be time for a discussion of treatment options. Mr. 48 Hillesheim estimated the cost of a treatment facility at $1.2 - $1.3 million with the 49 lifespan of a facility varying according to different elements. Mr. DeGardner advised that 50 staff would work with the city engineer for an up to date estimate. Council Member 51 Roeser confirm ed that a new facility would not require new personnel and also asked 52 about the possibility of using a different aquifer. 53 54 Mayor Reinert asked that staff return for additional discussion at the next work session. 55 56 3. Blue Heron Days (discussion continu ed from February 4 work session) – 57 Administrator Karlson explained that, after looking at options for assisting with the city 58 festival after Econom ic Development Coordinator Divine retires, the Parks and 59 Recreation department seems to have a good fit. The y are proposing to add the duties to 60 an assistant recreation supervisor position that is filled each summer. That position 61 would then be in place for more months and for about $3,000 more, that person would 62 provide Blue Heron Days coordination in addition to summer rec reation services. There 63 is an individual who has worked in the position previously and wh o is qualified and 64 interested in adding the duties. This suggestion comes from Public Services Director 65 DeGardner and Recreation Supervisor Tanya Mozin go, who would back up the duties if 66 needed. Mr. Karlson added that since Ms. Divine’s position is budgeted for the entire 67 year and she intends to retire in April, the cost of the services would be available in the 68 current budget. Mayor Reinert noted that it will be very helpful for this individual to 69 have the detailed log that Ms. Divine has prepared regarding her Blue Heron days 70 involvement. He sees that the Parks and Recreation Department is a good fit and the 71 council concurred with the proposal. 72 73 4. Off -Sale Liquor Licensing – City Clerk Bartell reported that the council has 74 previously discussed the possibility of restrictions on off -sale liquor stores. At the last 75 work session staff was directed to prepare an ordinance that restricts the location of liquor 76 stores to one -half a mile apart. An ordinance is before the council that provides for that 77 restriction as well as exempting 3.2 off -sale, combination on -sale/off -sale and brewery 78 off -sale licenses as was directed by the council. 79 80 Council Member Roeser asked about who would benefit from new restrictions and Ms. 81 Bartell responded that adding restrictions is a policy decision that some cities make. The 82 benefit to the city would based on the view of the council . Council Member Roeser 83 suggested th at having more stores create s competition and that reduces prices so that 84 would be a good situation for the residents. He’s uncertain that adopting these 85 restrictions would necessarily be of benefit to the customers . As well, the regulations 86 seem to be written for a group of existing stores and that isn’t the right approach. Council 87 Member Roeser said he is also concerned about how the regulations could impact future 88 development and that they could perhaps dissuade a business from locating in the city i f a 89 license isn’t available. Mayor Reinert said he sees that the city’s current policy creates a 90 CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 3 certain situation and he wonders if that is a desirable situation . He has i n the past 91 supported a strict free market system for these stores, but he’s chang ed his mind after 92 becoming aware of the regulations and restrictions already in place for the stores. The 93 business owners have brought forward some good arguments – the government is so 94 restrictive that they cannot move into other areas as other business es can in order to 95 profit. Council Member O’Donnell concurred that he is concerned with the unintended 96 impact the restrictions could have. 97 98 The mayor recommends that the item stay on the agenda for further discussion and new 99 ideas. 100 101 5. Animal Regulat ions – Police Chief Swenson reviewed his staff report on the city’s 102 existing dog regulations. The concern about owners not cleaning up after their dogs is 103 directly related to responsibility. Since there is a leash law in place in the city, the 104 violation on picking up after dogs is usually related to allowing a dog off leash. He noted 105 some language in the animal control regulations that require s people to carry a bag 106 suitable to remove dog waste when they are walking and that the language doesn’t in fact 107 require the person to use the bag. That’s a small change that could be made. He also 108 pointed out that for an officer to cite someone, the officer must witness the violation. He 109 ad ded that the Police Department will soon have a YouTube video running on all city 110 animal regulations. 111 112 Public Services Director DeGardner explained that the neighborhood where this 113 complaint originated has a history of this type of complaint. As a result his department 114 sent out a letter to area residents reminding them of th e rules so there can be no excuse 115 that people aren’t aware of the regulations. He added that the neighborhood will be 116 receiving a “doggie pot” this spring (for disposal of animal waste bags). Council Member 117 Rafferty suggested that this is too often is an issue that arises from a neighbor dispute and 118 it’s hard to get to that level of the problem. Counci l Member Roeser asked if the Pol ice 119 Department is seeing good response to their videos since he realizes that education is an 120 important element. 121 122 The cou ncil concurred that no ordinance amendment is n eeded. The mayor suggested 123 that for the resident who complained, there isn’t a clear fix but staff will send another 124 letter to the violator(s). 125 126 6. Charter Commission Expenditures (discussion continued from February 4 work 127 session) – Charter Commissioner Kelly Gunderson reviewed written information she had 128 provided on the cost of meeting minutes services through the Timesaver’s company. 129 She noted that at the last Charter Commission meeting, Mayor Reinert a ddressed the 130 Commission about developing a better relationship between the two groups. Having the 131 services of a professional minute taker is one issue identified. Ms. Gunderson indicated 132 that the Commission is interested in having a secretarial service f or minutes as was done 133 in the past. The Commission has generally only used those outside services for their 134 CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 4 regular meetings. She has provided an estimate of $1,000 for the remainder of 2013, and 135 that would be beyond the $1,500 regular annual budget. 136 137 M ayor Reinert recalled also that the Commission received such services in the past. He’d 138 like to see the minutes done by a professional again. He envisions that the city would pay 139 for the cost of the services as they are incurred rather than having an amo unt added to the 140 budget. Council Member Roeser sees the benefit of having a professional involved since 141 some past minutes have been approved long after the meeting and were not posted on the 142 web for years in a few cases. He’d also like to see the draft minutes posted on the web 143 prior to the next meeting. Ms. Gunderson pointed out that having a professional service 144 would address the issue of minutes not being done quickly; there has been difficulty 145 finalizing the minutes when members ask for corrections and meetings are held only 146 every three months. 147 148 The council discussed how the services could be funded. The mayor clarified that he is 149 recommending that Timesavers services be tried for a couple of meetings, paid by the city 150 outside the $1,500 budget, and see how that works. The draft minutes should be posted 151 on the website and sent to the city council within a week of the meeting. The council 152 concurred and directed staff to determine what, if any, action is necessary to formalize the 153 arrangement wit h Timesavers. 154 155 8. 401 Birch Street – Mayor Reinert explained that this is a property that has been in 156 foreclosure for some time and is causing some concerns for the neighborhood. He’s 157 hearing from neighbors that th ey’d like for the city to buy the proper ty and convert it to a 158 park. Staff has responded that there are already parks serving the area, the property is 159 really too small for a park and also there is no funding available for a purchase. The 160 mayor said he and Co uncil Member Rafferty added the m att er to the agenda because of 161 the neighborhood concern. 162 163 Jeremy Stimson, 6621 Sioux Lane , addressed t he council. He understands local politics 164 and is thankful for the council’s responsiveness to this point. He pointed out that there is 165 a signal -controll ed intersection within 30 feet of this property, a situation that he has not 166 been able to determine exists in any other city in the vicinity. This is a bad location for 167 any home and the property that has been created as a result is extremely undesirable. It is 168 an eyesore and is in disrepair. Mayor Reinert responded that he has been trying to think 169 of some way to address the situation but it is difficult. If the city were to act to buy this 170 property, there could be many others to deal with. It’s clea r that any solution to the 171 property involves money . There ar e a lot of homes impacted by this blight and he 172 wonders if perhaps those people would be willing to come together to purchase the 173 property. An area resident in the audience spoke up – she said t hat people in the area are 174 paying really high taxes so asking for more could be an issue. She added that residents 175 want to keep the neighborhood nice but things like this blighted property and a home for 176 mental step downs in the area don’t help. It is a good community and she hates to see it 177 go down the toilet. Mr. Stimson added that he feels that an investment is needed to deal 178 with the property and he believes that this is a real tipping point for the neighborhood. 179 CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 5 Council Member Roes er added that th e city should force code compliance if the house is 180 that bad. The mayor remarked that if this is impacting a whole community, there may be 181 some grant money available to help, perhaps as seed money to assist the neighborhood in 182 dealing with it. When Counc il Member O’Donnell asked if the city could assess for an 183 acquisition like this, Community Development Director Grochala responded that there 184 would have to be a way to show benefit to those assessed. Mr. Stimson added that he 185 understands that the property is at a point where the owner (bank) will decide on what if 186 any improvements are necessary in order to move the property, so it is an important time 187 to move. The property has been left without improvements and that is a good indicator to 188 him that it isn’t an easy fix. The mayor suggested that this may be a good point for 189 negotiations then. 190 191 The council concurred that someone should gain information on where the property is in 192 the foreclosure process. The council will continue discussion at the next w ork session. 193 194 7. Gap Analysis Review for 5 -Year Financial Forecast – Finance Director Role k 195 reviewed the Five -Year General Fund Gap Analysis he had provided. He reviewed the 196 items that make up the gap, by revenue, expenditures and debt service in the to tal amount 197 of $845,760 . The council discussed the voter approved signal project levy in the amount 198 of $181,151 that will be included on tax statements but not as a line item. Administrator 199 Karlson suggested that the council has not budgeted for certain c apital expenditures as a 200 savings but that can’t be continued because equipment has to be replaced at some point. 201 The mayor remarked that the council, with the help of staff, has been creative in finding 202 ways to save or increase efficiency for recent budge ts; it is getting tougher to identify 203 savings . Mr. Rolek identified some options that could be forecasted differently, 204 depending on how the council wants to budget in the future. He distributed and reviewed 205 a more detailed gap analysis. The mayor remar ked that it is important to have this 206 discussion in March rather than waiting until budget discussions in September. The 207 council may schedule a special session to discuss priorities. 208 209 The council will continue discussion of the forecast at the April work session. Staff will 210 prepare another forecast with different assumptions. 211 212 Review Regular Council Agenda of 3 -11 -13 - Th e council reviewed the agenda as 213 follows: 214 215 Economic Development Authority Meeting – Community Development Director 216 Grochala explained t hat the purpose of the meeting is to hold a public hearing and 217 approve agreements associated with the Lino Lakes Assisted Living property purchase. 218 219 Item 6A, Civic Complex Lease Agreement - Administrator Karlson explained that the 220 city has negotiated a l ease agreement with Veritas School, a private school with a 221 business plan that would keep them in the space for several years. Staff has been working 222 with them on signage and other location items. Staff has also received a positive legal 223 opini on on the u se of the property by a private based school. One room of that wing wi ll 224 CITY COUNCIL WORK SESSIO N March 4, 2013 DRAFT 6 be preserved by the city for the possibility of future expansion of the city’s community 225 room. The Parks and Recreations Department will also have use of a room for certain 226 classes for at least one year. 227 228 Item 6B , Final Plat for Forest View Acres, 2 nd Addition – Community Development 229 Director Grochala explained that this is the Rademacher project at Lake and Main. The 230 conditions of the preliminary approval have been satisfied. 231 232 Item 6C – Bids and Contract for Otter Lake Road Extension Project – City Engineer 233 Wedel reported that eleven bids were received on this project. The low bidder is Arndt 234 Construction, a local business. The bid is well below the engineer’s estimate. 235 236 The meeting was adjourned at 9:10 p.m. 237 238 These minutes were considered, corrected and approved at the regular Council meeting held on 239 March 25, 2013 . 240 241 242 243 244 Julianne Bartell, City Clerk Jeff Reinert , Mayor 245 246 COUNCIL MINUTES March 11, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : March 11 , 2013 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 6:50 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 7 Roeser , and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff me mbers present: City Administrator Jeff Karlson ; Community Development Director Mi chael 11 Grochala; City Planner Katie Larsen; Economic Development Coordinator Mary Alice Divine; City 12 Engineer Jason Wedel; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one wa s present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was approved as presented. 21 22 CONSENT AGENDA 23 24 Council Member Rafferty moved to approv e the Consent Agenda, Items 1A through 1I . Council 25 Member Stoesz s econded the mot ion. Motion carried on a unanimous voice vote . 26 27 ITEM ACTION 28 29 Consideration of Expenditures: 30 31 March 11, 2013 (Check No. 95239 – 95306 , $235,258.08) Approved 32 33 Centennial Fire District (Check No. 5703 – 5719 & 34 2013001) $33,239.42 ) Approved 35 36 February 25, 2013 Council Work Session Minutes Approved 37 38 February 25, 2013 Council Meetin g Minutes Approved 39 40 Resolution No. 13 -24, Peddler License for Pro Star Tree Approved 41 42 Resolution No. 13 -30, Extension of Time for Submittal of 43 Planned Unit Development Final Plan & Plat , The Preserve Approved 44 45 COUNCIL MINUTES March 11, 2013 DRAFT 2 Resolution No. 13 -30, Extension of Time for Conditional 46 Use Permit and Submittal of Planned Unit Development 47 Final Plan and Pl a t, Main Street Village Approved 48 49 Resolution No. 13 -32, Extension of Time for Submittal of 50 Planned Unit Development Final Plan & Plat, Moon 51 Marsh Approved 52 53 Resolution No. 13 -33, Extension of Time for Submittal of 54 Planned Unit Development Final Plan & Plat, Century 55 Farm North Approved 56 57 February 25, 2013 Closed Council Meeting Minutes Approved 58 59 FINANCE DEPARTMENT REPORT 60 61 There was no report from the Finance Department. 62 63 ADMINISTRATION DEPARTMENT REPORT 64 65 There was no report from the Administration Department. 66 67 PUBLIC SAFETY DEPARTMENT REPORT 68 69 There was no repor t from the Public Safety Department. 70 71 PUBLIC SERVICES DEPARTMENT REPORT 72 73 There was no report from the Public Services Department. 74 75 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 76 77 6A) Resolution No. 13 -25 A pproving Civic Complex Lease Agreement – Economic 78 Developm ent Coordinator Divine recalled that this portion of the city’s civic complex has been 79 marketed by a broker. A start -up private school (Veritas Academy) is interested in leasing the 80 majority of the 9,000+ square feet available for a five year period. St aff is recommending that a 81 portion of that wing of the civil complex be held for possible future expansion of the community 82 room. No interior remodeling is needed for their use. Since the facility was financed by tax exempt 83 bonds, staff has received a le gal opinion concurring with a lease agreement with a faith based 84 organization. Mayor Reinert suggested that people can contact the Academy through their website if 85 they want more information. Council Member Roeser suggested running information on the sc hool 86 on the city’s cable channel. 87 88 Council Member Roese r moved to approve Resolution No . 13 -25 as presented. Council Me mber 89 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 90 COUNCIL MINUTES March 11, 2013 DRAFT 3 91 6 B) Forest View Acre s 2nd Addition, Resolution No. 13 -2 6, Approving Final Plat, Forest 92 View Acres 2nd Addition – Community Development Director Grochala explained that the 93 resolution would approve the final plat (the development agreement approval will be considered in 94 the future) for Forest View Acres (aka R ademacher development). The city attorney has approved 95 the plat and staff is recommending approval with one condition - that the development agreement 96 must also receive approva l prior to release of the final and signed plat. 97 98 Council Member O’Donnell move d to approve Resolution No. 13 -26 as presented. Council Member 99 Roeser seconded the motion. Motion carried on a unanimous voice vote. 100 101 6 C) Resolution No. 13 -28, Accepting Bids and Awarding Contract, Otter Lake Road 102 Extension Project – City Engineer Wedel reported that 11 bids were received and opened on 103 February 26. The low bid was received from a local company, Arndt Construction. That bid is below 104 the engineer’s estimate. Council Member Roeser highlighted the savings to the project by receipt of a 105 bid well under the estimate. 106 107 Council Member Roeser moved to approve Resolution No. 13 -28 as presented. Council Member 108 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 109 110 6 D) Resolution No. 13 -29, Authorizing Update of Pavement M anageme nt Plan – Community 111 Development Director Grochala explained that the city’s Pavement Management Pla n (PMP) was 112 prepared in 2004. Since that time staff has continued rating streets of the city so that element has 113 evolved – this request would recalibrate/op timize the plan and look at budgeting scenarios. There is a 114 budgeted amount each year for sealcoating and mill and overlay but reconstruction is not included. 115 This report will help the city decide on the best improvements for the money. Mayor Reinert ad ded 116 that the life of a city roadway can be doubled with proper maintenance. Council Member Stoesz 117 remarked that trail maintenance isn’t mentioned and he wonders if that will be included in the study? 118 Mr. Grochala responded that the Plan will not i nclude trails but they are maintained by the city’s 119 Parks Division. 120 121 Council Member O’Donnell moved to approve Resolution No. 13 -29 as presented . Council Member 122 Roeser seconded the motion. Motion carried on a unanimous voice vote. 123 124 UNFINISHED BUSINESS 125 126 There w as no Unfinished Business. 127 128 NEW BUSINESS 129 130 There was no New Business. 131 132 133 134 135 COUNCIL MINUTES March 11, 2013 DRAFT 4 136 COMMUNITY CALENDAR 137 138 Community Calendar – A Look Ahead 139 March 11 , 201 3 through March 25, 201 3 140 141 Wednesday, March 13 6:30 pm, Council Chambers Planning & Zoning 142 Monday, March 25 5:30 pm, Community Room Council Work Session 143 Monday, March 25 6:30 pm, Council Chambers City Council Meeting 144 145 ADJOURN 146 147 There being no further business, Council Member Rafferty moved to adjourn at 6:50 p.m. Council 148 Member Roeser s econded the motion. Motion carr ied unanimously. 149 150 These minutes were considered and approved at the regular Council Meeting, March 25, 2013 151 152 153 154 155 Julianne Bartell, City Clerk Jeff Reinert , Mayor 156 157 CITY COUNCIL AGENDA ITEM 1 D STAFF ORIG INATOR: Jeff Karlson MEETING DATE: March 25, 2013 TOPIC: Approval of Charter Commission Expenses VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to a pprove Charter Commission expenditures for secretarial services. BACKGROUND During the March 4 work session, Charter Commissioner Kelly Gunderson presented a proposal from TimeSaver Secretarial, Inc. for tra nscrib ing Charter Commission meeting minutes. The City Council agreed that contracting with TimeSaver would expedite the posting of Charter minutes on the website. Mayor Reinert proposed authorizing expenditures for the secretarial service for two meetings, at an estimated cost of $500. Expenses f or the secretarial service will be coded to a separate budget line item in the Charter Administration budget. Later in the year, Finance will prepare a budget amendment for Council authorization to transfer funds from the contingency fund to the Charter A dministration budget. RECOMMENDATION Approve additional expenditures for the transcription of Charter Commission meeting minutes for two meetings with the stipulation that draft minutes be posted on the Charter website within 30 days of the meeting. ATT ACHMENTS TimeSaver, Inc. Proposal CITY COUNCIL AGENDA ITEM 3 A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: March 25, 2013 TOPIC : Labor Agreement with Local 49 VOTE REQUIRED: 3/5 INTRODUCTION We have reached a tentative two -year agreement with IUOE , Local No. 49 for years 2012 a nd 2013 . The members have agreed to the following terms: 1. WAGES: 7/1/12 – 1%; 1/1/13 – 1.5% 2. HEALTH INSURANCE: Section 6.1 revised to read: a) Effective January 1, 201 2 , E mployer will contribute $3 33.99 toward the premium for single coverage and $8 55.66 toward the premium for family coverage. The E mployer’s contribution for the Health Savings Account (HSA) toward the annual deductibles will be $1,500 for single coverage and $3,000 for family coverage. b) Effective January 1, 2013, Employer will c ontribute $344.01 toward the premium for single coverage and $869.72 toward the premium for family coverage. The Employer’s contribution for the health savings account (HSA) toward the annual deductibles will be $1,000 for single coverage and $2,500 for f amily coverage. c) Effective January 1, 2012, the monthly cash option for waiving coverage will be $308.44. Effective January 1, 2013 the monthly cash option will be $300. 3. MEMORANDUM OF UNDERSTANDING: A personnel time -off (PTO) plan will be implemen ted for union members. Participation in the PTO plan will be optional. There are no other changes to the contract. RECOMMENDATIO N Authorize execution of 2012 -2013 labor agreement between the City of Lino Lakes and International Union of Operating Engin eers , Local No.49. CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Marty Asleson MEETING DATE: March 25, 2013 TOPIC: Consideration of Resolution No. 13 -36 Approving Anoka County Agreement for Residential Recycling Program and Enhancement Grant VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes receives Select Committee for Recycling and the Environment (SCORE ) funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated from Anoka Cou nty are required to enter into a cooperative agreement with the County. This year Anoka County is offering Enhancement Grants as additional funding available to the City of Lino Lakes. BACKGROUND Under the terms of the agreement , the City is eligible to receive reimbursement for recycling activity costs incurred based on the following allocation: $10,000 plus $5.00 per household for recycling ac tivities. These dollars will be provided according to the eligibility schedule in Attachment 2 for each of t he following s ervices: spring/f all or monthly drop -off events; municipal park recycling; community event recycling; and enhancement grants. The e nhancement g rant dollars can be used for equipment, part time help, adverti s ing, additional recycling opportu nities and expansion. An additional Enhancement Recycling Grant can be used for promotion efforts, multi -units, and organics program. Staff is proposing to accept the base grant of $41,375 and enhancement grants to provide for: $15,000 for monthly drop -o ff, $6,000 for municipal park recycling; and $6,000 for community event recycling. Further recommend accepting an additional $6,275 for c ommunity enhancement r ecycling. The total grant request to Anoka County for Recycling in 2013 is $74,650. RECOMMEND ATION Approve Resolution No. 13 -36 Approving Anoka County Contract No. 2012 -0 377 , Agreement f or Residential Recycling Program . ATTACHMENTS 1. Resolution No. 13 -36 2. Anoka County Agreement for Residential Recycling Program CITY OF LINO LAKES RESOLUTION NO. 13 -36 APPROVING AGREEMENT WITH ANOKA COUNTY FOR RESIDENTIAL RECYCLING PROGRAM AND ENHANCEMENT GRANT WHEREAS, The City of Lino Lakes has entered into agreement with Anoka County over the years to cooperatively work on s ol i d w aste abatement and r ecycling; and WHEREAS, Anoka County receives funding from the Solid Waste M anagement Coordinating Board and the State of Minneso ta in the form of “SCORE” funds; and WHEREAS, The County wishes to assist m unicipalities in meeting re cycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to c ities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible to receive a $10,000 base allocation and $5.00 p er hou sehold; and WHEREAS, The City of Lino Lakes is eligible for additional enhancement grant for Monthly Drop -Off, Park Recycling, and Community Event R ecycling ; and WHEREAS, Anoka County Agreement No. 201 2 -0 377 provides for the cooperative effort between Ano ka Co unty and the City of Lino Lakes; and NOW, THEREFORE, BE IT RESOLVED by The C ity Council of the City of Lino Lakes, Minnesota , t hat the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. 201 2 -0 377 , Agreement for Residentia l Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Coun cil Member _________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala C. C. MEETING DATE: March 25 , 20 13 TOPIC: Consider Resolution No. 13 -27, Approving Development Agreement, Forest View Acres 2 nd Addition VOTE REQUIRED : 3/5 INTRODUCTION Staff is reques ting City Council consideration of the Development Agreement for Forest View Acres 2 nd Addition. B ACKGROUND The City Council approved the preliminary plat for Forest View Acres 2 nd Addition, formerly known as Rademacher Addition , on December 10, 2012 wit h Resolution No. 12 -129. The Final Plat was approved on March 11, 2013 subject to the condition that a development agreement be executed by and between the developer and city. The Development Agreement provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. The agreement also requires the satisfaction of the following conditions : 1. A Declaration for Maintenance of Storm Water Facilit ies must be executed for the storm water treatment facilities located on the site. 2. A Quit Claim Deed in favor of the City must be prepared and recorded for the trail easement along Lake Drive. 3. A Reciprocal Access, Operation and Maintenance Agreement betw een the two newly created lots must be recorded concurrently with the plat. The Developer shall provide to the City, for its approval, a copy of the agreement. Such agreement shall at a minimum provide for; 1) ingress and egress across properties; 2) a pr oof of parking provision; 3 ) maintenance of private improvements (i.e., sanitary sewer, water main, snow removal, landscaping); 4) Provisions for maintaining surface water management features including infiltration areas in accordance with RCWD and City re quirements. 4. The Rice Creek Watershed District must review and issue a permit for the project prior to building permits being issued by the city for any new construction. 5. The Anoka County Highway Department must review and issue a permit for the work with in the County right -of -way prior to any construction. 6. Proof of Parking – A declaration requiring the owner to install additional parking stalls upon finding of the City that such stalls are necessary to accommodate the use must be recorded against the pro perty. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -27 . ATTACHMENTS 1. Resolution No. 13 -27 2. Development Agreement CITY OF LINO LAKES RESOLUTION NO. 13 -27 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR FOREST VIEW ACRES 2 ND ADDI TION WHEREAS, the City Council approved the Final Plat for Forest View Acres 2 nd Addition, formerly known as Rademacher Addition , on March 11, 2013 , and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a dev elopment agreement, between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Development Contract between Rademacher LLP and the City of Lino Lakes , for Forest View Acres 2 nd Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 25 th day of March, 2013. The motion for the adoption of the foregoing resolution 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 Bar tell, City Clerk DEVELOPMENT CONTRACT Forest View Acres 2 nd Addition THIS AGREEMENT made this _____ day of March, 2013 , is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and Rademacher Family Limited Partnership whose address is 14021 Round Lake Boulevard, Andover, MN 55304 hereinafter referred to as the "Developer". WHEREAS, the Developer ha s received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Forest View Acres 2 nd Addition hereinafter called “Subdivision”, said land is legally described to -wit All of Lots 5, 6, and 7, F orest View Acres AND All those parts of the vacated service road and Lot 1, Forest View Acres, lying South of the North line of Lot 5 extended Westerly to the highway right of way, EXCEPT THEREFROM the following parcels: Parcels 60 and 61, Anoka County H ighway Right -of -Way Plat No. 17, according to the map or plat thereof on file and of record in the Office of the Anoka County Recorder. Parcel 51, Anoka County Highway Right -of -Way Plat No. 25, according to the map or plat thereof on file and of record in the Office of the Anoka county Recorder. The Northwesterly 30 feet of Lot 1, Forest View Acres, lying South of the Westerly extension of the North line of Lot 5, Forest View Acres. WHEREAS, the Developer is to be responsible for the installation and fin ancing of certain public and private improvements within the Subdivision; and Forest View Acres 2 nd Addition Development Contract March, 2013 page 2 WHEREAS, said public and private improvements include grading, drainage, sanitary sewer, water, and driveway improvements ; and WHEREAS, the City Subdivision Ordinance and Min nesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consi deration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DE VELOP ER IMPROVEMENTS A . Improvem ents to be installed by the Developer and financed by the Developer are hereinafter referred to as “Developer Improvements”. B. The Developer Improvements are categorized as either Public Improvements or Private Improvement s. Improvements completed within the public right -of -way are hereinafter referred to as “Public Improvements.” Improvements comp leted on private property, regardless of lying within a public easement, are private and are hereinafter refer red to as “Private Improvements ” with the following exception: 1. The public trail located on the west side of Lots 1 & 2; Block 1 shall be con sidered a “Public Improvement.” II. DEVELOPER PLANS A. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer. The plans may be prepared after entering this agreement b ut must be completed and approved by the City before commencement of any work on the Subject Property If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A – Plat Plan B – Grading Pla n Plan C – Erosion Control Plan Plan D - Sediment Control Plan Plan E – Utility Plan Plan F – Tree and Ground Cover Plan Plan G – Shrub Plan Plan H – Tree Preservation Plan Plan J – Lighting Plan Forest View Acres 2 nd Addition Development Contract March, 2013 page 3 B. The plans shall be approved b y the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where ap propriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final s ite grading plan, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement , seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site gradi ng and erosion control, the Dev eloper shall complete items II.B.1 and II.B .2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d ) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading Forest View Acres 2 nd Addition Development Contract March, 2013 page 4 activities. All terms and conditions of the NPDES permit m ust be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The to psoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prio r to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. g) All disturbed areas shall be sodded or seeded, as designated per the app roved plans, immediately upon completion of gra ding . h) All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. i) No soils shall be imported or exported without City approval. j) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. k) Existing wells and on -site septic systems shall be properly abandoned with the exception of the well that will be used for irrigation purposes. 4. Final access drive , turn lanes and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 5. Sanitary sewer main s, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existi ng City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. Forest View Acres 2 nd Addition Development Contract March, 2013 page 5 7. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed s o that the top of the iron corresponds to the finished ground elevation in accordance wi th the approved grading plan . 8. The Developer shall promptly clear dirt and debris, within public right -of - ways, and drainage and utility easements, resulting from con struction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention t o detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 9. The Developer shall dedicate to the City, p rior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in reco rdable form, containing such terms and conditions as the City shall determine. 10. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 1 1. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. Forest View Acres 2 nd Addition Development Contract March, 2013 page 6 1 2 . Cost of Developer Improvements and description are as shown on Attachment A. 13 . Co nstruction of Developer’s Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all perma nent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined b y the City . 14 . Record Drawings a) Upon completion of construction of roads, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record plans, two (2) electronic copies of record plans in Anoka County NAD 83 Coordinates compatible with the City’s computer system, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the compete work. b) Also a storm sewer, watermain, and sanit ary sewer Excel Spreadsheet must be submitted , which includes all the as -built data. 15 . Faithful Performance of Construction Contracts and Letter of Credit a) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the Forest View Acres 2 nd Addition Development Contract March, 2013 page 7 total estimated cost of Developer's Public Improvements and thirty five (35%) of Developers Private Improvements . The bank and form of the Letter of Credit or security shall be subject to the approval of the City. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this co ntract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cas h deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year wa rranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Develo pment Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non -interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the Forest View Acres 2 nd Addition Development Contract March, 2013 page 8 payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1 . Planner Review Fee 2 . Administration - 3% Con struction Cost 3 . Engineering 4. Legal 5 . Publications 6 . Park Dedication Fee 7 . Street - Storm Sewer - Pond Maintenance 8 . Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as r equired by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES A. Trunk Sewer Unit Charges. The City has established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $2,911 per SAC unit) at the time of building permit issuance. The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment A. B. Trunk Water Unit Charges. The City has establis hed trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $3,854 per SAC unit) at the time of building permit iss uance. The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment A. Forest View Acres 2 nd Addition Development Contract March, 2013 page 9 C. Surface Water Management Area Charges. The City has established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Developer shall pay p ursuant to the terms of the development agreement Surface Water Management Charges, based on developable acreage, in the amount specified in Attachment A . VI I . BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of t he Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of build ing permits. VII I . HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed IX . OWNERSHIP OF IMPROVEMENTS A. Upon completion and City acceptance of the work and construction required by this agreement, the Public Improvements lying within public rights of way shall become City property. U p on completion of the work and construction required by this contr act of the utility and site improvements ly ing within the public easements, except for the City trail as described in Section I. B., shall become the property of the Developer, Property Owne rs, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain f acilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. X. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his Forest View Acres 2 nd Addition Development Contract March, 2013 page 10 subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall prov ide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X I . REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agree s to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI I . VALIDITY A. If a p ortion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. X I I I. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when d eposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. Forest View Acres 2 nd Addition Development Contract March, 2013 page 11 C. Final Plat Approval The City agrees to give final approval to the plat of the Subdivision upon exe cution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: 1. A Declaration for Maintenance of Storm Water Facilities must be executed for the storm water treatment facilities located on the site in the form of Attachment C. 2. A Quit Claim Deed in favor of the City must be prepared and recorded for the trail easement along Lake Drive. 3. A Reciprocal A ccess, Operation and Maintenance Agreement between the two newly created lots must be recor ded concurr ently with the plat. The Developer shall provide to the City, for its approval, a copy of the agreement. Such agreement shall at a minimum provide for; 1) ingress and egress across properties; 2) a proof of parking provision ; 3 ) maintenance of private imp rovements (i.e., sanitary sewer , water main, snow removal , landscaping ); 4 ) Provisions for maintaining surface water management features including i nfiltration a reas in accordance with RCWD and City requirements . 4. The Rice Creek Watershed District must revi ew and issue a permit for the project prior to building permits being issued by the city for any new construction. 5. The Anoka County Highway Department must review and issue a permit for the work within the County right -of -way prior to any construction. 6. Pro of of Parking – A declaration requiring the owner to install additional parking stalls upon finding of the City that such stalls are necessary to accommodate the use must be recorded against the property. XIV . VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permi ts and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. Forest View Acres 2 nd Addition Development Contract March, 2013 page 12 X V. PARK DEDICATION A. The Park ded ication fee for this site is calculated as follows: 4.47 acres x $2,175 = $9,722.25 The Developer is constructing at his sole expense pedestrian trails along both Lake Drive and Main Street as shown in the approved plans. These improvements are hereby credited against the Park dedication fee. To tal Park dedication owed is $0. XV I . PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated i nto the escrow agreement to cover the cost of said property taxes. Forest View Acres 2 nd Addition Development Contract March, 2013 page 13 DEVELOPER CITY OF LINO LAKES By By _________________ Developer Mayor ATTEST: By __________________ Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , 20 . before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20 , before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corp oration. Notary Public 3-7-2013 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME:Forest View Acres 2nd Addition NUMBER OF REU's:8 APPLICANT:Rademacher Family LP ASSESSED AREA (ac.):4.47 BUDGET PRIVATE PUBLIC FEE ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W)IMP. (X)AMOUNT (Z) 1 SITE GRADING Estimate e $78,000 $4,000 2 EROSION CONTROL Estimate e $4,000 3 SITE ENGINEERING & SURVEYING Estimate e $6,500 4 LANDSCAPING Estimate e $58,900 5 STREETS A. Turn Lanes Estimate e $26,544 B. On Site Parking Lot Estimate e $203,031 B. Pedestrian Trail Estimate e $8,000 $23,872 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $70,200 C. Surface Water Mgmt.$0.112/sf a $21,808 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU)$2,911/unit a $23,288 B. Lateral Estimate e $84,450 C. Trunk Credit Estimate e ($38,786)($38,716) 8 WATERMAIN CONST. A. Trunk Unit Charge (REU)$3,854/unit a $30,832 B. Lateral Estimate e $14,500 $67,750 C. Trunk Credit Estimate e ($8,356)($8,536) TOTALS:$443,131 $159,474 $28,676 See Attachment B for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 3-7-2013 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME:Forest View Acres 2nd Addition NUMBER OF REU's:8 APPLICANT:RADEMACHER FAMILY LP ASSESSED AREA (ac.):4.47 BUDGET PRIVATE PUBLIC ESCROW FEE ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W)IMP. (X)AMOUNT (Y)AMOUNT (Z) 1 PLANNING/REVIEW A. Plat Review Fee $1,500 b $800 B. Planner Review Fee $1,500 b $1,500 2 ADMINISTRATION A. Legal $1,000 a $500 B. Administration Fee 3% of const.b $13,290 C. Publications $1,000 b $0 3 ENGINEERING A. Plan/Plat/Grading Review $5,000 b $2,500 B. Construction Services $15,000 b $15,000 C. Construction Staking $0 b $0 D. City Engineering $12,500 b $2,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2175/unit d $9,722 B. Park Dedication Credit ($9,722) C. Sealcoating Fee $0.28/SF b $0 D. Aerial Photo Fee 90/unit b $180 5 BOULEVARD TREE PLANTING $465/tree b $0 6 DEVLOPMENT SECURITIES A. Tree Preservation 95/unit b $0 B. Street Lighting - installation $2,500 a $0 C. Street Lighting - operation $265 $0 D. Traffic Signing $500 a $0 E. Street, Storm Sewer, Pond Maint.b $1,000 SUBTOTAL:$0 $0 $36,590 $180 Grading Only Escrow Credit $0 $0 TOTALS:$36,590 $180 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)$155,000 $0 $155,000 X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)$240,100 $0 $240,100 Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW)$0 $36,590 $36,590 Z = CITY FEES X 1.0 (CASH FEE)$28,676 $180 $28,856 NOTE:a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT C DECLARATION FOR MAINTENANCE of STORMWATER FACILITIES THIS DECLARATION is made this _______ day of ________________________, 20__, by Rademacher Family Limited Partnership , (“Declarant”), 14021 Round Lake Bo ulevard, Andover, MN 55304 , in favor of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 103B and 103D (“RCWD”) and the City of Lino Lakes, a political subdivision of the State of Minnesota . WHEREAS, Declarant(s) hold(s ) fee interest in real property within the City of Lino Lakes , Anoka County , Minnesota, platted and legally described as: Lot 1 and Lot 2, Block 1, Forest View Acres 2 nd Addition WHEREAS , no one other than Declarant possess any right, titl e or interest in the Property; and WHEREAS, the facilities on or to be located on the Property to which the maintenance requirements in the Declaration apply as labeled on the scaled site plan Attachment A and legally described on attachment B, each incorporated herein, are as follows (the Facilities): [list stormwater facilities as labeled on Attachment A] [Note: A legal description is required only for swales, buffers or other non -structural features that cannot be clearly delineated on Attachment A.] WHEREAS, Decl arant desires to subject the Property to certain conditions and restrictions imposed by the RCWD as a condition to issuance of RCWD Permit # ____________ and by the City a s condition of Final Plat approval , for the mutual benefit of the RCWD , City and Decl arant. NOW THEREFORE , Declarant makes this declaration and hereby declares that this declaration shall constitute covenants to run with the Property, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the coven ants and restrictions set forth in this declaration, all of which shall be binding in perpetuity on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns, but only du ring the period of ownership of that right, title or interest. 1. Declarant will inspect the Facilities at least annually. 2. Declarant will maintain and repair the facilities: a. In the case of basins and other facilities where sediment collects, to preserve li ve storage or capacity at or above the design volume or, where no design live storage volume or capacity is incorporated into the permit, the volume or capacity recommended by the manufacturer. b. In the case of conveyances and other structures, to preserve design hydraulic capacity. c. In the case of facilities relying on soils and vegetation for stormwater management or treatment, to preserve healthy vegetation and design soil permeability. d. In the case of all facilities, as necessary to preserve the integrit y and intended function of the facility. 3. Declarant will submit to the RCWD and City annually, within 30 days of the anniversary of permit issuance, a report listing inspection dates, facilities inspected, facility conditions and actions taken, and dates o f actions taken. 4. If Declarant is not maintaining the stormwater treatment system in accordance with this declaration, then the RCWD and/or City may give written notice to Declarant detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or Declarant has not within that period made arrangements deemed adequate by the RCWD and/or City for the deficiency to be corrected, then either the RCWD or City , without further notice , may take steps that i t deems reasonable to correct the deficiency, and may have access to the property during reasonable times for that purpose. Provided, that the RCWD or City shall provide notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. Within thirty (30) days of receipt of invoice Declarant will reimburse the RCWD and/or City for all costs incurred, including Administrative overhead and attorneys' fees, by the RCWD or City in correcting the deficiency . 5. If a City invoi ce is not paid within 30 days of receipt, or the Declarant has not contested in writing the reasonableness of the invoice within 30 days after receipt, the Declarant agrees that the City may direct Anoka County to certify the cost against the Property so a s to be paid with property taxes. Declarant waives any and all right to appeal the charge or otherwise challenge or contest the charge or the procedure by which the charge is certified against the Property. 6. Any notice under this declaration shall be sen t by certified mail, return receipt requested, or delivered to the following address: Rademacher Family Limited Partnership 14021 Round Lake Boulevard Andover, MN 55304 Declarant may change this address by a certified letter to the RCWD referencing the p ermit number. 7. An executed copy of this declar ation shall be filed with the Anoka County Recorder's Office/Registrar , filing cost to be borne by the Declarant. This declaration will be unlimited in duration without being re -recorded. Nothing herein cons titutes a private covenant, condition or restriction within the meaning of Minnesota Statutes 500.20, subdivision 2a. [INDIVIDUAL DECLARANT] DECLARANT ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF [County] ) The foregoing instrument was acknowledge d before me this ____ day of __________________, 20 __ by ______________________. ___________________________________ (stamp) Notary [CORPORATE OR PARTNERSHIP DECLARANT] DECLARANT By: ________________________________ Its: ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF [County] ) The foregoing instrument was acknowledge d before me this ____ day of __________________, 20 __ by ______________________ the _________________ of _________________________, a _________________________ under the Laws of Minnesota, on behalf of Declarant. ___________________________________ (stamp) Notary This instrument was drafted by: Name: ____________________________ Address: __________________________ CONSENT AND SUBORDINATION ________________, a Minnesota corporation, the holder of a mortgage dated _________, _____, [filed for record with the County Recorder] ______ County, Minnesota on ___________, as Document No. ______, hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF , __________, a Minnesota corpora tion, has caused this Consent and Subordination to be executed this ______ day of _________, 200__. _________________________ a Minnesota corporation By:___________________________________ Its:___________________________________ [notary acknowledgement] CITY COUNCIL AGENDA ITEM 6 C STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : March 25, 2013 TOPIC : Consider Resolution No. 13 -35 Authorizing the Preparation of Plans and Specifications, 2013 Sealcoat Project VOTE REQUIRED : 3/5 Vote Re quired INTRODUCTION Staff is requesting Council authorization to prepare plans and specifications for the 2013 Sealcoat Project. BACKGROUND In accordance with the City’s Pavement Management Policy that was adopted by the City Council on May 10, 2005 , streets are selected annually for sealcoating . Sealcoating is a maintenance activity that places a thin layer of oil and rock on the street to enhance the surface and prolong the useful life of the street. The City currently utilizes Cartegraph softwa re to annually analyze the conditions of the City’s streets and recommend se gments that meet the requirements for sealcoating . Str eets were selected based on pavement management criteria, input from Public Works, and feasibility of locations. The City ha s allocated a budget for the 201 3 Sealcoat Project of $490,000.00 . The engineering cost to be paid by the hour shall no t exceed $9 ,8 00. The schedule for this project is as follows: City Council Authorizes Plan s and Specifications March 25, 2013 City C ouncil Appro ves Plans and Specifications May 28, 2013 City Council Author izes Ad for Bids May 28, 2013 Open Bid s June 26, 2013 City Council Aw ards Contract July 8, 2013 Construction Begins July 29, 2013 RECOMMENDATION Staff recom me nds adoption of Resolution 13 -35 Authorizing the Preparation of Plans and Spe cifications for the 2013 Sealcoat Project. ATTACHMENTS 1. Resolution No. 13 -35 2. Location Map 3 . WSB & Associates Proposal CITY OF LINO LAKES RESOLUTION NO. 13 -35 RESOLU TION AUTHORIZING PREPARATION OF PLANS AND SPE CIFICATIONS FOR THE 2013 SEALCOAT PROJECT WHEREAS, it is proposed it perform maintenance activities on several city streets ; and WHEREAS, it is proposed to fi nance the project using the 2013 budget of $490,00 0.00 Allocated for street repair along with Sealcoating Funds . NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: The City Engineer is designated as the engineer for this improvement and he is directed to prepare pl ans and spe cifications for the 2013 Sealcoat P roject and shall be paid by the hou r in an amount not to exceed $9 ,8 00.00 . Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolut ion was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jef f Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Sherwood Pond Poplar Lake Evergreen Ponds Lexington Pond Sherwood Pond B l a i n e C i r c l e P i n e s B l a i n e L i n o L a k e s Circle Pines Shoreview Lino Lakes Shoreview Lino Lakes White Bear Twp. GROVE PARK BALDWIN PARK RICE CREEK CHAIN OF LAKES REGIONAL TRAIL Reshanau Lake Rice Lake Baldwin Lake Ma c k u b i n S t Bucher Ave Bucher Ave E v e r g r e e n L a Ho d g s o n R d L a w n v i e w A v e Emil Ave S c e n i c D r O x f o r d S t Doris Ave Ash St Ca r l s o n S t V i c k i L a Ash St Elaine Ave Tu r t l e L a k e R d S c e n i c P l Sa i n t A l b a n s S t Al a m e d a S t F o xR d C o u n t r y L a k e s D r H o d g s o n R d Lake D r S G l e n T r Egret La Birch St A r r o w h e a d D r W a r e R d S i o u x L a Wa r e R d E a s t R d Ravens Ct Hawthorn Rd 62nd St C h i p p e w a T r Ho l l o w L a H o k a h D r R i v e r B i r c h P l C i r c l e D r La k e v i e w D r 101st La L i n d e n L a H o d g s o n R d K i e t h R d D e e r w o o d L a F a w n L a R i d g e R d T o t e m T r L a k o t a T r La u r e n e A v e S o u t h D r Coyote Tr C o y o t e T r L i n d a L a Town Rd H o k a h D r Ba l d w i n L a k e R d L o n e s o m e P i n e T r Woodridge La M a p l e L a P e l i c a n P l I n d i a n H i l l s D r W S h a d o w L a k e D r W S h a d o w L a k e D r Project Location 2013 Seal Coat Project City of Lino Lakes, Minnesota 0 1,500Feet Document Path: K:\02029-001\GIS\Maps\SealCoat2013.mxd Legend Seal Coat Project Location Engineering  Planning  Environmental  Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 -541 -1700 Minneap olis  St. Cloud Equal Opportunity Employer March 14, 2013 City of Lino Lakes Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55014 Re: Request for Proposal to Complete 2013 Street Maintenance Project Dear Mr. Grochala : The City of Lino Lakes has an annual s treet maintenance plan which consists of both sealcoating and mill and overl ay work. For calendar year 2013 , the City has a total of $490,000 budgeted for the sealcoat and mill and overlay project As requested by the City of Lino Lakes, t he following pro posal details tasks that reflect our understanding of the City’s needs to complete the Street Maintenance Projects which include: 2013 Street S ealcoating Project and 2013 Mill and Overlay Project . Based on the City’s existing street maintenance plan and d iscussions with staff , WSB would perform the following tasks: I. Prepare Final Project Plans /Maps F inal construction plans and/or maps will be prepared indicating the project locations and any specific work to be done outside of the scheduled maintenance activit ies . WSB will contact RCWD and Anoka County to determine if any permits are required for the proposed work. II. Final Quantities An Engineer’s Opinion of Probable Cost will be completed on the final construction plans and maps . Mr. Michael Grochala March 14, 2013 Page 2 III. Prepare Perm its, Specifications and Bidding Documents WSB will assist the City in obtaining approvals from governmental authorities having jurisdiction over the project if it is determined that they are needed . WSB will assist the City in preparing permit application (s) and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. WSB will develop the final project plans /maps and specifications based on the agency review comments. This task will include an internal QA/QC review of the final plans, quantities, and specifications. Upon completion of permitting, and agency review and approval, a final set of construction documents will be prepared for bidding. WSB will print, assemble, an d submit the final contract documents to the City and request authorization to advertise the project for bidding. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid op e ning with the City. WSB will review the low bidder’s bid proposal, contractor’s and subcontractor’s personnel proposed for the project and relative experience, quality and availability of equipment, performance on similar projects, references, nature and extent of other similar contracts, whether or not the contractor or subcontractors have ever been denied contract award, and any other information that would affect t he abil ity of the contractor to perform the work. IV. Construction Administration WSB & Associates, Inc. will process the contract documents for signature by the City and the contractor. We will also facilitate a preconstruction conference prior to the start of the projects and prepare and distribute minutes for the meeting. We will process all p ay vouchers and change orders. V. Construction Inspection A construction observer will be provided during the project to monitor the work and ensure City specification s are met. VI. Testing Services WSB will contract with a City approved testing firm to provide testing services as needed for the materials supplied and placed within the projects. Mr. Michael Grochala March 14, 2013 Page 3 VII. Closeout Procedures At the conclusion of the project, WSB will ob tain all contractor documentation to close out the project . WSB & Associates would perform the previously identified tasks f or each individual project: 2013 Sealcoating Project and 2013 Mill and Overlay Project. The engi neering fee to complete the 2013 S ealcoating Project is $9 ,8 00 (not to exceed). The engineering fee to complete the 2013 Mill and Overlay Project is $42 ,5 00 (not to exceed). This letter represents our complete understanding of the 2013 S treet M aintenance Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 763 -287 -8520 . Sincere ly, WSB & Associates, Inc. Jason C. Wedel, PE Senior Project Manager ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $52,3 00 for all services outlined in this letter. City of Lino Lakes Name Title Date CITY COUNCIL AGENDA ITEM 6 D STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : March 25 , 20 13 TOPIC : Consider Resolution No. 13 -34 Authorizing the Preparation o f Plans and Specifications, 2013 Overlay Project VOTE REQUIRED : 3/5 Vote Req uired INTRODUCTION Staff is requesting Council authorization to prepare plans and specifications for the 2013 Overlay Project. BACKGROUND In accordance with the City’s Pavement Management Policy that was adopted by the City Council on May 10, 2005 , s treets are selected annually for an overlay project. Overlaying is a maintenance activity that includes patching of the existing street, milling the pavement adjacent to the curb, followed by the placement of a bituminous wearing course over the entire su rface. The City currently utilizes Cartegraph software to annually analyze the conditions of the City’s streets and recommend segments that meet the overlaying requirements. Streets were selected for overlays based on pavement management criteria, input from Public Works, and feasibility of locations. The sel ected streets are Marvy Street , Jon Avenue, Rice Lake Drive, Rice Lake Lane, Rice Lake Court, and Ulmer Drive . The engineering cost to be paid by the hour sha ll no t exceed $39 ,8 00. The schedule for this project is as follows: City Council Authorizes Plan s and Specifications March 25, 2013 City Council Appro ves Plans and Specifications May 28, 2013 City Council Author izes Ad for Bids May 28, 2013 Open Bid s June 26, 2013 City Council A w ards Contract July 8, 2013 Construction Begins July 29, 2013 RECOMMENDATION Staff reco mmends adoption of Resolution 13 -34 Authorizing the Preparation of Plans and Specifications for the 20 13 Overlay Project. ATTACHMENTS 1. Resolution No. 1 3 -34 2. Location Map 3. WSB & Associates Proposal CITY OF LINO LAKES RESOLUTION NO. 13 -34 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2013 OVERLAY PROJECT WHEREAS, it is proposed it patch the existing street, and place a bit uminous wearing course over the entire surface on recommended segments, and WHEREAS, it is proposed to fi nance the project using the 2013 budget of $467,500 Allocated for street repair. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lin o Lakes , Minnesota: The City Engineer is designated as the engineer for this improvement and he is directed to prepare plans and spe cifications for the 2013 Mill & Overlay Project and shall be paid by the hour in an amount not to exceed $42,5 00.00. Ado pted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote be ing taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk B l a i n e C i r c l e P i n e s B l a i n e Li n o L a k e s Ci r c l e P i n e s L i n o L a k e s CENTENNIAL PARK EASTSIDE PARK LOCHNESS PARK NORTH STAR TRAIL INNER Sunset Oaks Park MARSHAN PARK Sunrise Park BEHM'S PARK BALDWIN PARK RICE CREEK CHAIN OF LAKES REGIONAL TRAIL Marshan Lake Rice Lake Elm St 4t h A v e Lake D r CSA H 2 3 H o d g s o n R d 107th Ave NE 1486 Lake D r B a l l R d N E B e h m L a S u n s e t A v e N E N a t io n a l S t N E 1 0 8 t h A v e N E E a s t R d North Rd Lilac St A p o l l o D r 2n d A v e N o r t h S t a r L a Su n r i s e A v e Gl e n v i e w L a St u t z S t N E Glenview Dr 77th St W Ulmer Dr G r a y H e r o n D r E l m S t 74th St 106th Ave NE P a r k D r 1 0 8 t h L a N E Palomino La 103rd La NE Fairmount Dr Marvy St Je a n n e D r Pa t t i e D r L a k e D r 105th Ave NE Le v e r S t N E Lilac St E d g e D r 1 0 9 t h A v e N E Au r o r a L a 101st La 112th Ave NE L a k e v i e w D r Thomas St 2 2 6 4 104th Ave NE 104th La NE Le o n a r d A v e 1 1 5 t h A v e N E Ri c e L a k e D r Lilac St 1 1 4 t h A v e N E 1 1 1 t h A v e N E A q u a L a ISTH 35W S n o w O w l L a P a l o m i n o L a A p p al o o sa L a 4 t h A v e 4t h A v e I n n e r D r C e n t e r R d Hu p p S t N E C i r c l e D r I v y R i d g e L a Ri c e L a k e L a Na t i o n a l S t N E Project Location 2013 Mill & Overlay Project City of Lino Lakes, Minnesota 0 1,500Feet Document Path: K:\02029-001\GIS\Maps\MillOverlay2013.mxd Legend Mill & Overlay Project Location Engineering  Planning  Environmental  Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 -541 -1700 Minneap olis  St. Cloud Equal Opportunity Employer March 14, 2013 City of Lino Lakes Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55014 Re: Request for Proposal to Complete 2013 Street Maintenance Project Dear Mr. Grochala : The City of Lino Lakes has an annual s treet maintenance plan which consists of both sealcoating and mill and overl ay work. For calendar year 2013 , the City has a total of $490,000 budgeted for the sealcoat and mill and overlay project As requested by the City of Lino Lakes, t he following pro posal details tasks that reflect our understanding of the City’s needs to complete the Street Maintenance Projects which include: 2013 Street S ealcoating Project and 2013 Mill and Overlay Project . Based on the City’s existing street maintenance plan and d iscussions with staff , WSB would perform the following tasks: I. Prepare Final Project Plans /Maps F inal construction plans and/or maps will be prepared indicating the project locations and any specific work to be done outside of the scheduled maintenance activit ies . WSB will contact RCWD and Anoka County to determine if any permits are required for the proposed work. II. Final Quantities An Engineer’s Opinion of Probable Cost will be completed on the final construction plans and maps . Mr. Michael Grochala March 14, 2013 Page 2 III. Prepare Perm its, Specifications and Bidding Documents WSB will assist the City in obtaining approvals from governmental authorities having jurisdiction over the project if it is determined that they are needed . WSB will assist the City in preparing permit application (s) and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. WSB will develop the final project plans /maps and specifications based on the agency review comments. This task will include an internal QA/QC review of the final plans, quantities, and specifications. Upon completion of permitting, and agency review and approval, a final set of construction documents will be prepared for bidding. WSB will print, assemble, an d submit the final contract documents to the City and request authorization to advertise the project for bidding. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid op e ning with the City. WSB will review the low bidder’s bid proposal, contractor’s and subcontractor’s personnel proposed for the project and relative experience, quality and availability of equipment, performance on similar projects, references, nature and extent of other similar contracts, whether or not the contractor or subcontractors have ever been denied contract award, and any other information that would affect t he abil ity of the contractor to perform the work. IV. Construction Administration WSB & Associates, Inc. will process the contract documents for signature by the City and the contractor. We will also facilitate a preconstruction conference prior to the start of the projects and prepare and distribute minutes for the meeting. We will process all p ay vouchers and change orders. V. Construction Inspection A construction observer will be provided during the project to monitor the work and ensure City specification s are met. VI. Testing Services WSB will contract with a City approved testing firm to provide testing services as needed for the materials supplied and placed within the projects. Mr. Michael Grochala March 14, 2013 Page 3 VII. Closeout Procedures At the conclusion of the project, WSB will ob tain all contractor documentation to close out the project . WSB & Associates would perform the previously identified tasks f or each individual project: 2013 Sealcoating Project and 2013 Mill and Overlay Project. The engi neering fee to complete the 2013 S ealcoating Project is $9 ,8 00 (not to exceed). The engineering fee to complete the 2013 Mill and Overlay Project is $42 ,5 00 (not to exceed). This letter represents our complete understanding of the 2013 S treet M aintenance Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 763 -287 -8520 . Sincere ly, WSB & Associates, Inc. Jason C. Wedel, PE Senior Project Manager ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $52,3 00 for all services outlined in this letter. City of Lino Lakes Name Title Date CITY COUNCIL AGENDA ITEM 6 E STAFF ORIGINATOR: Michael Grochala MEETING DATE: March 25 , 201 3 TOPIC: Consider Resolution No. 1 3 -37 , Approving Construction Services Agreement with WSB & Associates, Otter Lake Road Extension VOTE REQUIRED: 3/5 INT RODUCTION Staff is requesting City Council approval to enter into a construction services agreement with the City Engineer, WSB & Associates. BACKGROUND The City Council awarded the construction contract for the Otter Lake Road E xtension project on Marc h 11, 2013 to Arnt Construction of Lino Lakes, Minnesota. Construction is proposed to begin in May of 2013. WSB and Associates will be providing contract administration, con s truction surveying, inspection and testing during the project. The proposed not to exceed fee for these services is $42,490. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -37 . ATTACHMENTS 1. Resolution No. 13 -37 2. Construction Services Proposal 2 CITY OF LINO LAKES RESOLUTION NO. 1 3 -3 7 RESOLUTION AUTHORIZING CONSTR UCTION SERVICE S CONTRACT WITH WSB & ASSOCIATE S OTTER LAKE ROAD EXTE NSION WHEREAS , the City of Lino Lakes has awarded the contract for the Otter Lake Road E xtension project; and WHEREAS , WSB & Associates, City Engineer, has submitted a proposal to provi de construction engineering services for the project ; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 1. the construction services agreement with WSB & Associates in the amount not to exceed $42,490 is hereby approve d. Adopted by the Council of the City of Lino Lakes this 25 th day of March , 2013 . The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member __________________and upon v ote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, C ity Clerk Whereupon said resolution was declared duly passed and adopted. Engineering  Planning  Environmental  Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 -541 -1700 Minneapolis  St. Cloud Equal Opportunity Employer March 14, 2013 City of Lino Lakes Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposal for Otter Lake Road Extension Construction Services Dear Mr. Grochala : The original proposal for the Otter Lake R oad Extension project included data collection, design, plans and specifications, right -of -way acquisition and bidding. This project has now been bid and the City Council awarded a contract on March 11, 2013 As requested by the City of Lino Lakes, t he fo llowing proposal details tasks that reflect our understanding of the City’s needs for the coordination of the construction phase of the Otter Lake Road Extension project. Based on our understanding of the City’s needs , WSB would perform the following ta sks: I . Construction Administration WSB & Associates, Inc. will process the contract documents for signature by the City and the contractor. We will also facilitate a preconstruction conference prior to the start of the projects and prepare and distribu te minutes for the meeting. We will process all p ay vouchers and change orders. II . Construction Inspection WSB & Associates, Inc. will provide a construction obs erver during the construction of the project to monitor the work and ensure City specificati ons are met. III. Construction Surveying WSB & Associates, Inc. will provide the necessary staking to assist the contract with the construction of the utilities, streets, and pond grading. IV . Testing Services WSB will contract with a City approved tes ting firm to provide testing services as needed for the materials supplied and placed within the projects. Mr. Michael Grochala March 14, 2013 Page 2 VII. Closeout Procedures At the conclusion of the project, WSB will obtain all contractor documentation to close out the project , prepare a punch l ist and final inspection, and prepare record drawings. The engi neering fee to perform the construction services for the Otter Lake Road Extension is $42 ,490 (not to exceed). This letter represents our complete understanding of the Otter Lake Road Exte nsion Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free t o call me at 763 -287 -8520 . Sincerely, WSB & Associates, Inc. Jason C. Wedel, PE Associate ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $42,490 for the services outlined in this letter. City of Lino Lakes Name Title Date