HomeMy WebLinkAbout06-10-13 Council Packet EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday , June 10 , 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
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order – 6:30 p.m.
Roll Call - Council Members Stoesz, O’Donnell, Roeser & Rafferty, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment
None
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presente d
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) City - June 10, 2013 (Check No. 95713 through 95783 ) in the
amount of $111,707.51;
ii) Centennial Fire – (Check No. 5834 through 5855) in the amount of
$31,866.88
B) Consider approval of May 28 , 2013 Work Session Minutes
C) Consider approval of May 28, 2013 Liquor Compliance Hearing
D) Consider approv al of May 28 , 2013 Council Meeting Minutes
E) Consider Resolution No. 13-72, Approving Renewal of Tobacco Licenses
F) Consider Resolution No. 13 -73, Approving A Peddler License for ECO
Insulation.
Action Taken: Motion by O’Donnell, seconded by Roeser ,
to approve the Co nsent Agenda, Items 1A through 1E, as
presented, was adopted
2. FINANCE DEPARTMENT
No report
Council Agenda -2- June 10, 2013
3. ADMINISTRATION DEPARTMENT
A) Consider Resolution No 13-71, Approving the renewal of Liquor, Wine,
Beer and Dance licenses, Lisa Hogstad -Osterhues
Action Taken: Motion by Rafferty, seconded by Stoesz ,
to approve Resolution No. 13-71, as presented, was adop ted
4. P UBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution No. 13-55, Approving Development Agreement, The
Village No. 5 – Lino Lakes Assisted Living, Jason Wedel
Action Taken: Motion by Roeser, seconded by O’Donnell ,
to approve Resolution No. 13-55, as presented (changes to
cost schedule noted), was adopted
B) Consider Resolution No. 13-70, Authorizing Preparation of Plans and
Specifications, 2013 Surface Water Management Project, Jason Wedel
Action Taken: Motion by Rafferty, seconded by Stoesz ,
to approve Resolution No. 13-70 , as presented, was adopted
C) Consider Resolution No. 13-74, Consent to Conduct Drainage Proceedings for
Anoka County Ditch 53-62 Under the Wa tershed Law , Mike Grochala
Action Taken: Motion by O’Donnell, seconded by Roeser ,
to approve Resolution No. 13-74, as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Roeser , to adjourn at 6:50 pm, was
adopted
Community Calendar – A Look Ahead
June 10, 2013 through June 24, 2013
Wednesday, June 12 6:30 pm, Council Chambers Planning & Zoning
Monday, June 17 5:30 pm, Community Room Special Work Session
Monday, June 24 5:30 pm, Community Room Council Work Session
Monday, June 24 6:30 pm, Council Chambers City Council Meeting
CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1
Check Issue Dates: 5/21/2013 - 6/7/2013Jun 07, 2013 03:14PM
Report Criteria:
Report type: Summary
GLCheckCheckVendorDescriptionCheck
PeriodIssue DateNumberNumberPayeeAmount
06/1306/07/2013583411490ARC STONE TECHNOLOGIE SFEMA GRANT-RECRUITMENT S4,930.00
06/1306/07/2013583511565ASPEN MI LLS, INCUNIFORMS819.30
06/1306/07/2013583630480CENTENNIAL UTILIT IESMAY UTILITIES STATION 1141.26
06/1306/07/2013583730490CENTERPOINT ENERGYSTATION 2 GAS105.80
06/1306/07/2013583830495CITY OF CENTERVI LLECOMMUNICATIONS CISCO SWI464.40
06/1306/07/2013583930500CENTURY LI NKCENTERVILLE PHONE56.48
06/1306/07/2013584031008COMCASTINTERNE T CENTERVILLE STATI101.50
06/1306/07/2013584131137CONNEXUS ENERGYELECTRIC STATION 1430.54
06/1306/07/2013584240200DIVERSIFIED TEXTURING &LOCKER TAGS/PAR TAGS ENG429.50
06/1306/07/2013584360120FAMILY FOCUS PHOTOGRAPHFEMA GRANT-MARKETING800.00
06/1306/07/2013584460650FRATTALLONE'S HARDWARE SVEH PARTS7.75
06/1306/07/20135845120331LEAGUE OF MN CITIES INS TREXCESS LIABILITY INS 4/13-4/118,547.00
06/1306/07/20135846120490LOFFLER COMPANIES, INCCOPIER MTC CONTRACT277.20
06/1306/07/20135847130925MICHAEL MOON EYREIMB MISC SUPPLY52.16
06/1306/07/20135848160050PAETECPHONES156.98
06/1306/07/20135849161605INVENTORY TRADING C O., INCUNIFORMS REIMB BY EMPLOY509.00
06/1306/07/20135850180600CITY OF ROSEVILLEJUNE PHONE1,279.33
06/1306/07/20135851200150THOMAS MOTORS , INCVEH MTC 2010 F150805.82
06/1306/07/20135852200390TWIN CITY GARAGE D OOR CO, STATION 2 DOOR MTC1,632.80
06/1306/07/20135853220200VERIZON WI RELESSCOMMUNICATIONS78.06
06/1306/07/20135854230350WHITE BEAR LOCKSMITH, INCSTATION 2 LOCK REPAIR85.00
06/1306/07/20135855240200XTREME CUSTOM APPAREL &EMS STUDENT SHIRTS157.00
Grand Totals:31,866.88
M = Manual Check, V = Void Check
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1
Input Dates: 5/21/2013 - 6/7/2013Jun 07, 2013 03:16PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
06/07/2013
11490 ARC STONE TECHNOLOGIES
ARC STON 11490276801 InvoiFEMA GRANT-RECRUITMENT S 06/07/201306/07/20134,930.00801-42-2350-32106/13
Total 11490 ARC STONE TECHNOLOGIES:4,930.00
11565 ASPEN MILLS, INC
ASPEN MIL 115651353411 Invoi UNIFORMS06/07/201306/07/201394.22801-42-2210-21806/13
ASPEN MIL 115651353421 Invoi UNIFORMS06/07/201306/07/201341.95801-42-2210-21806/13
ASPEN MIL 115651353431 Invoi UNIFORMS06/07/201306/07/201394.22801-42-2210-21806/13
ASPEN MIL 115651353441 Invoi UNIFORMS06/07/201306/07/201347.95801-42-2210-21806/13
ASPEN MIL 115651353451 Invoi UNIFORMS06/07/201306/07/201394.22801-42-2210-21806/13
ASPEN MIL 115651353461 Invoi UNIFORMS06/07/201306/07/201394.22801-42-2210-21806/13
ASPEN MIL 115651353641 Invoi UNIFORMS06/07/201306/07/2013158.72801-42-2210-21806/13
ASPEN MIL 115651356201 Invoi UNIFORMS06/07/201306/07/2013193.80801-42-2210-21806/13
Total 11565 ASPEN MILLS, INC:819.30
30480 CENTENNIAL UTILITIES
CENTENNI 304800607131 Invoi MAY UTILITIES STATION 106/07/201306/07/2013141.26 801-42-2210-38006/13
Total 30480 CENTENNIAL UTILITIES:141.26
30490 CENTERPOINT ENERGY
CENTERP 304900607131 Invoi STATION 2 GAS06/07/201306/07/2013105.80801-42-2210-38006/13
Total 30490 CENTERPOINT ENERGY:105.80
30495 CITY OF CENTERVILLE
CITY OF C 3049588781 InvoiCOMMUNICATIONS CISCO SWI 06/07/201306/07/2013464.40801-42-2210-32106/13
Total 30495 CITY OF CENTERVILLE:464.40
30500 CENTURY LINK
CENTURY 305000607131 Invoi CENTERVILLE PHONE06/07/2013 06/07/201356.48801-42-2210-32106/13
Total 30500 CENTURY LINK:56.48
31008 COMCAST
COMCAST310080607131 InvoiINTERNET CENTERVILLE STATI 06/07/201306/07/2013101.50801-42-2210-32106/13
Total 31008 COMCAST:101.50
31137 CONNEXUS ENERGY
CONNEXU 311370607131 Invoi ELECTRIC STATION 106/07/201306/07/2013430.54801-42-2210-38006/13
Total 31137 CONNEXUS ENERGY:430.54
40200 DIVERSIFIED TEXTURING &
DIVERSIFI 4020023031 InvoiLOCKER TAGS/PAR TAGS ENG 06/07/201306/07/2013429.50801-42-2210-21906/13
Total 40200 DIVERSIFIED TEXTURING & :429.50
60120 FAMILY FOCUS PHOTOGRAPHY
FAMILY FO 60120221 Invoi FEMA GRANT-MARKETING06/07/201306/07/2013800.00801-42-2350-32106/13
Total 60120 FAMILY FOCUS PHOTOGRAPHY:800.00
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2
Input Dates: 5/21/2013 - 6/7/2013Jun 07, 2013 03:16PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
60650 FRATTALLONE'S HARDWARE STORE
FRATTALL 606500607131 Invoi BLDG MTC06/07/201306/07/20132.65801-42-2210-40106/13
FRATTALL 606500607132 Invoi VEH PARTS06/07/201306/07/20135.10801-42-2210-40406/13
Total 60650 FRATTALLONE'S HARDWARE STORE:7.75
120331 LEAGUE OF MN CITIES INS TRUST
LEAGUE O 120331436991 InvoiPROPERTY/LIABILITY INS 4/13-06/07/201306/07/201315,969.00801-42-2210-36106/13
LEAGUE O 120331437001 InvoiEXCESS LIABILITY INS 4/13-4/1 06/07/201306/07/20132,578.00801-42-2210-36106/13
Total 120331 LEAGUE OF MN CITIES INS TRUST:18,547.00
120490 LOFFLER COMPANIES, INC
LOFFLER 12049015781281 Invoi COPIER MTC CONTRACT06/07/201306/07/2013277.20801-42-2210-40606/13
Total 120490 LOFFLER COMPANIES, INC:277.20
130925 MICHAEL MOONEY
MICHAEL 1309250607131 Invoi REIMB MISC SUPPLY06/07/201306/07/201352.16801-42-2210-21906/13
Total 130925 MICHAEL MOONEY:52.16
160050 PAETEC
PAETEC16005055334571 Invoi PHONES06/07/201306/07/2013 156.98801-42-2210-32106/13
Total 160050 PAETEC:156.98
161605 INVENTORY TRADING CO., INC
INVENTOR 1616052481701 InvoiUNIFORMS REIMB BY EMPLOY 06/07/201306/07/2013509.00801-42-2210-21806/13
Total 161605 INVENTORY TRADING CO., INC:509.00
180600 CITY OF ROSEVILLE
CITY OF R 18060002174831 Invoi JT POWERS MIS06/07/201306/07/20131,138.33801-42-2210-32006/13
CITY OF R 18060002175231 Invoi JUNE PHONE06/07/201306/07/2013141.00801-42-2210-32106/13
Total 180600 CITY OF ROSEVILLE:1,279.33
200150 THOMAS MOTORS, INC
THOMAS M 200150245241 Invoi VEH MTC 2010 F15006/07/201306/07/2013805.82801-42-2210-40406/13
Total 200150 THOMAS MOTORS, INC:805.82
200390 TWIN CITY GARAGE DOOR CO, INC
TWIN CITY 2003903926261 Invoi STATION 2 DOOR MTC06/07/2013 06/07/20131,632.80 801-42-2210-40106/13
Total 200390 TWIN CITY GARAGE DOOR CO, INC:1,632.80
220200 VERIZON WIRELESS
VERIZON 220200 97049410 1 Invoi COMMUNICATIONS 06/07/201306/07/201378.06801-42-2210-32106/13
Total 220200 VERIZON WIRELESS:78.06
230350 WHITE BEAR LOCKSMITH, INC
WHITE BE 230350290341 Invoi STATION 2 LOCK REPAIR06/07/201306/07/201385.00801-42-2210-40106/13
Total 230350 WHITE BEAR LOCKSMITH, INC:85.00
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3
Input Dates: 5/21/2013 - 6/7/2013Jun 07, 2013 03:16PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
240200 XTREME CUSTOM APPAREL &
XTREME C 240200I605811 Invoi EMS STUDENT SHIRTS06/07/2013 06/07/201364.00801-42-2210-33206/13
XTREME C 240200I615651 Invoi EMS STUDENT SHIRTS06/07/2013 06/07/201393.00801-42-2210-33206/13
Total 240200 XTREME CUSTOM APPAREL &:157.00
Total 06/07/2013:31,866.88
6/7/2013 GL Period Summary
GL PeriodAmount
06/1331,866.88
Grand Totals:31,866.88
Grand Totals:31,866.88
Report GL Period Summary
GL PeriodAmount
06/1331,866.88
Grand Totals:31,866.88
Vendor number hash:2955512
Vendor number hash - split:3016162
Total number of invoices:32
Total number of transactions:33
Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount
Open Terms31,866.88.0031,866.88
Grand Totals:31,866.88.0031,866.88
CITY COUNCIL WORK SESSION May 28, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : May 28, 2013 4
TIME STARTED : 5:30 p.m. 5
TIME ENDED : 6:30 p.m. 6
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7
Rafferty , Roeser (arrived at 5:35) and 8
Mayor Reinert 9
MEMBERS ABSENT : None 10
11
12
Staff members present: City Administrator Jeff Karlson; Finance Director Al Rolek; 13
Community Development Director Michael Grochala; City Planner Katie La rsen; Police 14
Captain Kent Strege; Public Safety Director John Swenson; City Clerk Julie Bartell. 15
16
1. Presentation of 2012 Audit Report – Rachel Fla n ders and Chris Knopik, 17
representatives of t he firm hired to perform the city audit, Cliff tonLarsonAllen, ga ve a 18
presentation on the results of the audit. They reviewed the written presentation that 19
explained how the audit addresses required communications, the summation of the audit, 20
and the financial implications. Also noted was receipt of the GFOA Certificat e of 21
Achievement for Excellence in Financial Reporting, new reporting requirements such as 22
GASB No. 61 and 65 and anticipated requirements, GASB No. 68, effective in 2015. 23
24
Since time was somewhat short, the mayor asked the council if they’d like additi onal time 25
to review the audit results. The council concurred that they would forward any questions 26
to Finance Officer Al Rolek. 27
28
The matter of accepting the audit is included on the council agenda for the meeting later 29
in the evening. 30
31
2. Review Regul ar Council Agenda of May 28, 2013 – Discussion as follows: 32
33
Item 2B, Resolution No. 13 -68, Issuance and Sale of Approximately $615,000 34
Taxable General Obligation Improvement Bonds - Finance Director Rolek explained 35
that the proceeds of this bond sale, if authorized by the council, will provide the financing 36
to construct the Otter Lake Road Extension Project. The bond sale will be administrated 37
by Springsted, Inc., the city’s financial advisors, and their representative, Terri Heaton, 38
will be present at t he council meeting for a review of the sale. 39
40
Item 6A, Resolution No. 13 -58, Development Agreement for Preserve at Lino Lakes 41
City Planner Larsen remarked that the Preserve at Lino Lakes project was before the 42
council last cycle and received approval of the PUD Final Plan/Final Plat. The related 43
development contract is being presented to the council for approval. She noted that the 44
CITY COUNCIL WORK SESSION May 28, 2013
DRAFT
2
agreement has recently been tweaked by the developer and she re quests that the council 45
approve the document pending staff a nd city attorney review of those changes. 46
47
Item 6B) Resolution No. 13 -60, Development Agreement for Main Street Shoppes – 48
City Planner Larsen explained that the council also approved the Final Plat for this 49
development at a recent meeting. Again the dev elopment agreement is now being 50
presented for council approval. 51
52
The meeting was adjourned at 6:00 p.m. 53
54
These minutes were considered, corrected and approved at the regular Council meeting held on 55
June 10, 2013 . 56
57
58
59
60
Julianne Bartell, City Clerk Jeff Reinert , Mayor 61
62
LIQUOR COMPLIANCE HEARING May 29, 2013
DRAFT
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : May 29, 2013 5
TIME STARTED : 6:15 p.m. 6
TIME ENDED : 6:30 p.m. 7
MEMBERS PRESENT : Council M em ber s Rafferty, O’Donnell, 8
Roeser, Stoesz and Mayor Reinert 9
MEMBERS ABSENT : None 10
11
Staff members present: City Administrator Jeff Karlson; City Attorney Joseph Langel; Public 12
Safety Director John Swenson; Police Captain Kent Strege; and City Clerk, Julie Bartell 13
14
H EARING ON LIQUOR CODE VIOLATION 15
16
Captain Strege reported that o n May 7, 2012 at 2:31 a .m . an officer s topped at Miller’s On Main 17
to check on people still in the bar. Upon approaching the bar a male fled and was subsequently 18
caught and identified. The male was jailed for underage consumption and fleeing an officer. 19
Upon further investigation it was found that an employee, Lauren Wagner , served alcohol to the 20
male sus pect who was under the age of twenty -one . Ms. Wagner was cited for serving alcohol 21
to a minor and pled guilty to the charge on April 10, 2013. 22
23
This is the first license violation at Miller’s on Main in a 12 -month period so i n accordance with 24
the Best Practices Grid, a $500 civil penalty is recommended . 25
26
Tavern on Main (formerly Miller’s on Main) license holder Chad Wagner addressed t he council . 27
He explained that while Ms. Wagner is being ac cused of serving an underage person, she tells 28
him that she did not do it. The underage person who was seen in the parking lot was actually 29
meeting someone there and he was not in the bar. The surveillance system at the business at that 30
time recycled af ter a certain period so the recording was lost by the time Mr. Wagner heard 31
about the accusation . Since a ticket was issued, Mr. Wagner and the accused employee have 32
been through a legal process. The prosecuting attorney admitted to him that the case is weak 33
and also the court reduced the charge with no admission of guilt. Furthermore there were some 34
discrepancies in the police report. 35
36
Police Chief Swenson noted that he would take exception to some of the points made by Mr. 37
Wagner. The City’s prosecut ing attorney is not involved in license matters such as t he matter 38
before the council now. 39
40
Mayor Reinert noted that the council isn’t trying a legal case. The council’s job is to react to 41
the outcome of the court. It is not a reflection on the good management that normally occurs at 42
Mr. Wagner’s facility. The council has an established policy and staff’s recommendation 43
follows that. He also clarified that the best practices grid is based on offenses within a 12 month 44
period and that has already pas sed since the actual violation. 45
46
COMPLIANCE HEARING MINUTES 2 May 29, 2013
DRAFT
City Attorney Langel noted that the recommendation is only a fine and technically that doesn’t 47
require a hearing (as would consideration of a license suspension). 48
49
Council Member Rafferty moved to impose a $500 fine to Mi ller’s on Mai n (now known as 50
Tavern on Main). Council Member Stoesz seconded the motion. Motion carried on a 51
unanimous voice vote. 52
53
T he meeting was adjourned at 6:30 p.m. 54
55
These minutes were considered and approved at the regular Cit y Council Meeting on June 10, 56
2013 . 57
58
59
60
__ 61
Julianne Bartell, City Clerk Jeff Reinert , Mayor 62
63
COUNCIL MINUTES May 28, 2013
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : May 28, 2013 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 7:05 p.m. 7
MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8
Roeser , and Mayor Reinert 9
MEMBERS ABSENT : None 10
11
12
Staf f members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 13
Grochala; Finance Director Al Rolek; City Engineer Jason Wedel; City Planner Katie Larsen; Chief 14
of Police John Swenson; and City Clerk Julie Bartell 15
16
RECOGNITION 17
18
At the request of Mayor Reinert, there was a period of silence in recognition of the recent death of 19
Lino Lakes Police Sergeant Chris Bragelman. 20
21
PUBLIC COMMENT 22
23
Amy Pavlis, 7402 Patti Drive , asked the council to consider adding her street to a paving proj ect in 24
the vicinity. Her street is currently graveled and the related conditions cause numerous problems. 25
She believes the people in the area w ould like to see the road paved but don’t necessarily want to 26
individually pay for it. The mayor asked staff t o add the matter to the next regular council work 27
session (June 3). 28
29
Police Chief Swenson , noted that on the previous Thursday evening, the Police Department 30
sponsored a neighborhood meeting regarding a Level Three Offender that is residing in the city. He 31
explained the timetable leading up to the meeting: On April 16, the department received information 32
that the offender may be living in the city; on April 17, police officers observed the offender at the 33
Holiday gas station and an investigation was open ed that led to issuance of a search warrant to track 34
the individual. From May 3 through May 9, surveillance was done by the police department and the 35
Minnesota Bur eau of Criminal Apprehension. As a result t he offender was arrested for improper 36
registrati on as he had not correctly notified authorities of his residence. The process of informing 37
residents began and the hearing was held. The law allows offenders to live wherever they chose but 38
they are required to register their address and the city has the right to notify residents. He added that 39
the Lino Lakes Police Department Web Page has further information. 40
41
SETTING THE AGENDA 42
43
The agenda was approved as presented. 44
45
COUNCIL MINUTES May 28, 2013
DRAFT
2
CONSENT AGENDA 46
47
Council Member Roeser moved to approv e the Consent Agenda, Items 1A th rough 1H, as presented . 48
Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote . 49
50
ITEM ACTION 51
52
Consideration of Expenditures: 53
54
May 28, 2013, (Check No. 95627 –95712 , $285,865.01) Approved 55
56
Centennial Fire District (C heck No. 5819 –5833 & 2013004 , 57
$42,208.59 ) Approved 58
59
May 6, 2013 Work Session Minutes Approved 60
61
May 13, 2013 Council Meeting Minutes Approved 62
63
Resolution No. 13 -63, Applications for St. Joseph’s 64
Church Festival (Temporary On -Sale Liquor, Cabar et 65
and Exempt Gambling) Approved 66
67
Resolution No. 13 -65, Applications for Lino Lakes Lions 68
Club Pheasant Feed (Temporary On -Sale Liquor and 69
Exempt Gambling) Approved 70
71
Resolution No. 13 -66, Consumer Fireworks Permit 72
for Super Target Approved 73
74
Resolution No. 13 -62, Special Event Permit for the 75
Lino Lakes YMCA Farmers Market Approved 76
77
May 6, 2013 Board of Appeal Minutes Approved 78
79
FINANCE DEPARTMENT REPORT 80
81
Item 2A, Consider Accepting 2012 Annual Audit Report, ClifftonLarsonAllenLLP – Fina nce 82
Director Rolek introduced Rachel Flanders and Chris Knopik of the city’s auditing consul t ant, 83
ClifftonLarsonAllen LLP who shared an outline of the audit results through a written presentation (on 84
file). 85
86
Council Member Roeser noted that Anoka County recently received an awar d for openness in 87
reporting; he’d like to see the city recognized in that same light. 88
89
COUNCIL MINUTES May 28, 2013
DRAFT
3
The mayor thanked city staff for their good work throughout 2012 and in a ssisting the auditors with 90
the report. He also thanked Finance Direc tor Rolek for a job well done. He asked that council 91
members feel free to contact staff with any questions about the audit. 92
93
Council Member Roeser moved to accept the 2012 Audit Report as presented. Council Member 94
O’Donnell seconded the motion. Motion c arried on a unanimous voice vote. 95
96
Item 2B, Resolution No. 13 -68 , Issuance and Sale of Approximately $615,000 Taxable General 97
Obligation Improvement Bonds, Series 2013A – Terri Heaton of Springsted, Inc. the city’s 98
financial consultant, explained that they are recommending the sale of the bonds on June 24, 2013. 99
She noted the anticipated interest rate of approximately 2.35%, a g ood rate for taxable bond. T he city 100
receives that rate because of its very good credit rating. 101
102
Council Member Roeser moved to approve Resolution No. 13 -68 as presented. Council Member 103
Rafferty seconded the motion. Motion carried on a unanimous voice vote. 104
105
ADMINISTRATION DEPARTMENT REPORT 106
107
There was no report from the Administration Department. 108
109
PUBLIC SAFETY DEPARTMENT REPORT 110
111
There was no report from the Public Safety Department. 112
113
PUBLIC SERVICES DEPARTMENT REPORT 114
115
There was no report from the Public Services Department. 116
117
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 118
119
Item 6A, Resolution No. 13 -58, Approving a Development Agreement for Preserve at Lino 120
Lakes – City Planner Larsen noted that the Preserve at Lino Lakes project is a 31 -unit residential 121
subdivision. The council approved the final plat/final plan at the last council meeting. She is 122
presenting a proposed development agre ement for the project. There are a couple of things that the 123
developer has added to the agreement and therefore she’d ask that the council approve it contingent 124
upon final review by staff and the city attorney. 125
126
Council Member O’Donnell moved to approve R esolution No. 13 -58, contingent upon final review 127
by the city attorney and staff. Council Member Roeser seconded the motion. Motion carried on a 128
unanimous voice vote. 129
130
Item 6B, Resolution No. 13 -60, Approving a Development Agreement for Main Street Shopp es – 131
City Planner Larsen explained that this commercial development on the northeast quadrant of I -35E 132
and Main Street received final plat approval at the last council meeting. The development agreement 133
presented contains the city’s standard language and requirements. 134
COUNCIL MINUTES May 28, 2013
DRAFT
4
135
Council Member Roeser moved to approve Resolution No. 13 -60 as presented. Council Member 136
Stoesz seconded the motion. Motion carried on a unanimous voice vote. 137
138
UNFINISHED BUSINESS 139
140
There was no Unfinished Business. 141
142
NEW BUSINESS 143
144
There w as no New Business. 145
146
COMMUNITY EVENTS 147
148
Kite Day - Free will be held at Rice Lake Elementary (east side soccer fields) Sat urday, June 8, 2013 149
from 10:3 0 a.m. to 11 :3 0 a .m. Each person who attends will receive a free kite until they are gone . 150
151
Free Shred Ev ent will be held at First Resource Bank (7449 Village Drive) on June 1 st from 9:00 152
a.m. to 12:00 p.m. This event is sponsored by the YMCA and First Resource Bank. 153
154
COMMUNITY CALENDAR 155
156
Community Calendar – A Look Ahead 157
May 29 , 201 3 through June 9, 2013 158
We dnesday, May 29 6:30 pm, Council Chambers Environmental Board 159
Monday, June 3 5:30 pm, Community Room Council Work Session 160
Thursday, June 6 8:00 am, Community Room EDAC 161
Monday, June 10 6:30 pm, Council Chambers City Council Meeting 162
163
ADJOURN 164
165
There bein g no further business, Council Member O’Donnell moved to adjourn at 7:05 p.m. Council 166
Member Roeser seconded the motion. Motion carried unanimously. 167
168
These minutes were considered and approved at the regular Council Meeting, June 10, 2013 . 169
170
171
172
173
Julianne Bartell, City Clerk Jeff Reinert , Mayor 174
175
CITY COUNCIL
AGENDA ITEM 1 E
STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy Ci ty Clerk
MEETING DATE: June 25, 2012
TOPIC Consider Resolution No. 1 3 -72 , Approving
201 3 -201 4 Tobacco License Renewals
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
INTRODUCTION
All tobacco licenses in the City of Li no Lakes expire on June 30, 201 3 . Staff has been working
with the license holders to put in plac e all renewal requirements to allow for Council
consideration at this time.
BACKGROUND
Attached is a list of the establishments that have submitted renewal application s . As indicated,
the applicants have completed the necess ary documentation and paid the fee that is required for
the license .
RECOMMENDATION
Adopt Resolution 1 3 -72 , a ppr oving renewal of tobacco license s for the period of July 1, 201 3
through June 30, 201 4 .
ATTACHMENT S
Resolution 13 -72
201 3 -1 4 Tobacco License Renewal List
CITY OF LINO LAKES
RESOLUTION NO. 1 3 -72
Approving Renewal o f Tobacco Licenses for t he 201 3 /201 4 Licensing Period
WHEREAS , the licensing period for tobacco licenses in the City of Lino Lakes is
one year, commencing on July 1 and ending on June 30 the foll owing year ; and
WHEREAS, the City Council is required to approve the renewal of tobacco
licenses ; and
WHEREAS, city staff has reviewed the renewal applications that have been
submitted an d verified that licensing requirements are met; and
WHEREAS, the city has completed the required background investigations;
NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino
Lakes, Minnesota:
The City of Lino Lakes hereby approves the renewal of tobacco licenses as set forth in
Exhibit A that is attached to this resolution.
Adopted by the Council o f the City of Lino Lakes this 10 th day of June 20 1 3 .
The motion for the adoption of the foregoing resolution was introduced by Council
Member_____________and was duly seconded by Council Member _____________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
201 3 -1 4 Tobacco License Renewal List
Applicant License
Type
Background Fees License # MN Revenue
CT102 F orm
Lakes Liquor, Inc.
7860 Lake Drive (55014)
Tobacco Complete X 2013 -0 0 0 32 X
KLVZ Corporation (eff. 3/11)
d/b/a Eagle Liquor
730 Apollo Drive, #1 90 (55014)
Tobacco Complete X 2013 -00 0 38 X
Spirit Hills Wine & Liquor, Inc.
d/b/a Spirit Hills Wine & Liquor
6501 Ware Road (55014)
Tobacco Complete X 2013 -00 0 36 X
Holiday Stationstores
d/b/a Holiday Stationstore #376
7509 Lake Drive (55014)
MAIL TO: License Administrator,
4567 American Blvd W
Bloomington, MN 55437 -1123
Tobacco Complete X 2013 -00 0 27 X
KRO, Inc.
d/b/a Lino Lakes One Stop
6501 Ware Road, Suite 360 (55014)
Tobacco Complete X 2013 -00 0 29 X
Chomonix Golf Course
700 Aqua Lane (55014)
T obacco Complete X 2013 -00 0 45 X
Fast Break
7601 Lake Drive (55014)
Tobacco Complete X 2013 -00 0 28 X
Lino Lakes Liquor Barrel, Inc.
7997 Lake Drive, Suite 120 (55014)
Tobacco Complete X 2013 -00 0 39 X
TJ Lino Lakes
d/b/a Corner Express
Todd M. Steffen
7997 Lake Drive (55014)
Tobacco Complete X 2013 -00 0 26 X
Metro Wine & Spirits, LLC
6013 Hodgson Road (55014)
Michael Burns, Alan Chancellor and
James Lindahl
Tobacco Complete
Dec., 2012
X 2013 -00 0 41 X
Cherokee Liquors
d/b/a G -Will Liquors
8040 Lake Drive (55014)
Tobacco Complete
Dec., 2012
X 2013 -00046
(proposed to
open in
Sept. 2013)
X
Bill’s Superette
8020 Lake Drive (55014)
Tobacco Complete
Dec., 2012
X 2013 -00048
(proposed to
open in
Sept. 2013)
X
All approvals are contingent upon the applicant(s) finally meeting all state and local requirements.
All approvals ar e for the period of July 1, 201 3 thr ough June 30, 201 4 (except where noted otherwise)
CITY COUNCIL
AGENDA ITEM 3 A
STAFF ORIG INATOR: Lisa Hogstad -Osterhues , Deputy City Clerk
MEETING DATE: June 1 0 , 201 3
TOPIC: Resolution No. 1 3 -71 , Approving the Renewal
of Liquor, Wine, Beer and Dance Licenses
VOTE REQUIRED: 3/5
BACKGROUND
All liquor, wine, beer (3.2) and dance licenses in the City of Lino Lakes expire on
June 30, 201 3 . Staff has been working with license holders on meeting the requirements for
renewal so as to allow the council to consider approval at this time. A majo rity of these
licenses require additional approval by the Minnesota Department of Public Safety Alcohol and
Gambling Division and they will be forwarded to the state if local approval is granted.
Attached is a list of the establishments that have submit ted renewal applications.
Under city policy, applicants applying for license renewal are required to undergo a
background investigation each year. The Lino Lakes Police Department performs the
investigation and reports any information that would make applicants ineligible for license
renewal . All backgrounds were clear for renewal.
Licensees are also required to submit verification of liquor liability and workers’ compensation
insurance as well as pay appropriate fees. No license will be released until all requirements are
met.
The city code requires that when the city council considers the issuance of a liquor license,
opportunity shall be given to any person to be heard for or against the granting of the license.
RECOMMENDATION
Adopt Resol ution 1 3 -71 approving renewal of liquor, wine, beer and dance license s for the
period of July 1, 201 3 through June 30, 201 4 .
ATTACHMENTS
Resolution 13 -71
201 3 -1 4 Liquor, Wine, Beer and Dance License Renewal List
CITY OF LINO LAKES
RESOLUTION NO. 1 3 -71
Approving the Renewal of Liquor, Wine, Beer and D ance licenses for the 201 3 /201 4
licensing period
WHEREAS, the licensing period for liquor, wine, beer and dance licenses in the City of
Lino Lakes is one year, comm encing on July 1 and ending on June 30 the following year ;
WHEREAS , the City Council is required to approve the renewal of liquor and wine
licenses , in some cases, prior to State issuance of a license ;
WHEREAS , C ity staff has reviewed the renewal applica tions that have been submit ted
and verified that local licensing regulations are met;
WHER AS , the Lino Lakes Police Department has conducted the required background
investigations for license renewals;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O F THE CITY OF
LINO LAKES, MINNESOTA:
The City of Lino Lak es hereby approves the renewal of liquor, wine, beer and dance licenses as
set forth in Exhibit A that is hereby attached , with said approval contingent upon applicants
meeting all city and state r equirements for said licenses .
Adopted by the Council o f the City of Lino Lakes this 1 0 th day of June, 201 3 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member _____________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
2013 -1 4 Liquor, Wine, Beer and Dance License Renewals
Applicant License Type Background Taxes
Pd
Insuran ce Fees Lic ense #
American Legion Post 566
7731 Lake Drive (55014)
Charles Lundgren
Paul Howard
On Sale Club
Sunday
Complete X X X 13 -0030
KLVZ Corporation
d/b/a Eagle Liquor
730 Apollo Dr , #190 (55014)
Stanislav Sidorenko
Off Sale Complete X X X 13 -00037
Lakes Liquor, Inc.
d/b/a Lakes Liquor, Inc.
7860 Lake Drive (55014)
Adam & Tearinie LaMere
Off Sale Complete X X X 13 -00033
C.A. Wagner, I nc.
**d/b/a The Tavern on Main
8001 Lake Drive (55014)
Chad Wagner
Off Sale
On Sale
Sunday *2 a.m.
Complete X X X 13 -00043
Spirit Hills Wine & Liquor, Inc.
d/b/a Spirit Hills Wine & Liquor
6501 Ware Road (55014)
Timothy Goertz
Off Sale Complete X X X 13 -00035
Trapper’s Bar & Grill, LLC
d/b/a Trapper’s
6810 Lake Drive (55014)
Jeff Moore
Off Sale
On Sale
Sunday
Dance *2 a.m.
Complete X X X 13 -000 50
Lino Lakes Liquor Barrel, Inc.
d/b/a Lino Lakes Liquor Barrel
7997 Lake Dr , Suite 120 (55014)
Mi chael T. Walmar
Off Sale Complete X X X 13 -00040
Anoka County Parks
Chomonix Golf Course
700 Aqua Lane (55014)
Cori Hinz (Golf & Aquatics Manager at
Anoka County)
On Sale
Sunday
Complete X X X 13 -00044
Target Corporation
Store T -1448
749 Apollo Drive (55014)
Patricia Johnson, VP
3.2 Off Sale Complete X X X 13 -0 0034
Metro Wine & Spirits, LLC
6013 Hodgson Rd (55014)
Off Sale Complete
Dec., 2012
X X X 13 -00042
WCR Liquors, Inc.
d/b/a G -Will Liquors
8040 Lake Drive (55014)
Grant Rademacher
Off -Sale C omplete
Dec., 2012
X X X 13 -00047
Bill’s Superette
8020 Lake Drive (55014)
3.2 Off Sale Complete
Dec., 2012
X X X 13 -00049
All approvals are contingent upon the applicant(s) finally meeting all state and local requirements.
All approvals are for the period of July 1, 2013 through June 30, 2014, except as noted --
* 2 a.m. licenses expire Sept 2013
All licenses approved by the City Council on June 10, 2013.
Miller’s on Main name change to The Tavern on Main, December 2012
CITY COUNCIL
AGENDA ITEM 6 A
STAFF ORIG INATOR: Jason Wedel, City Engineer
MEETING DATE: June 10 , 2013
TOPIC: Consider Resolution No . 13 -5 5 , A pproving Development
Agreement for The Village No. 5 (Lino Lakes Assisted Living )
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council c onsideration of the Development Agreement for The Village
No. 5 .
BACKGROUND
The City Council approved the Final Plat for The Village No. 5 on May 13 , 2013 with
Resolution No. 13 -54 subject to the condit ion that a Development Agreement is executed by and
between the developer and City. The Development Agreement has now been prepared which
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 appro ved plans.
RECOMMENDATION
Staff is recomme nding approval of Resolution No. 13 -5 5 .
ATTACHMENTS
1. Resolutio n No. 13 -5 5
2. Development Agreement
CITY OF LINO LAKES
RESOLUTION NO. 13 -55
RESOLUTION APPROVING DE VELOPMENT AGREEMENT
FOR THE VILLAGE NO. 5
WHEREAS, the City Council approved the PUD Final Plan/Final Plat for The Village No. 5 on
May 13, 2013 , and
WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution
of a develo pment 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 Lino Lakes Lodging and the City of Lino
Lakes for The Village No. 5 and authorizes the Mayor and City Clerk to execute such agreement
on behalf of the City.
Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013.
The motion for the adoption of the foregoing resolution was introd uced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Rei nert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
S:\Community Development \Projects \_PLANNING CASES \Lino Lakes Assisted Living Addition \Agreements \Development Contract \Development_Contract City Review 6 -
7.docx F:\DATA \22701 \003 \Development_Contract (REDLINED 4 -3).docx
DEVELOPMENT CONTRACT
The Village No. 5
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 Lino Lakes Assisted Living, LLC , a Minnesota limited liability company, whose
address is P.O. Box 6124, St. Cloud, MN 56 302 hereinafter referred to as the "Developer ."
WHEREAS, the Developer has received preliminary plat approval from the City
Council for a plat of land within the corporate limits of the City known as The Village No. 5
hereina fter called “Subdivision ,” said land is legally described to -wit (the “Property”):
Lot 4, Block 1, and Outlot A, The Village No. 4, Anoka County, Minnesota
WHEREAS, the Developer is to be responsible for the installation and financing of
certain public and private improvements within the Subdivision; and
WHEREAS, said public and private improvements include grading, drainage,
sanitary sewer, water, and driveway improvements ; and
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 46 2.358
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 consideration of the m utual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
The Village No. 5
Development Contract
May , 2013
page 2
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 associated with the relocation of the 12 -inch
trunk watermain are hereinafter referred to as “Public Improvements.”
Impro vements completed on private property, regardless of lying within a public
easement, are private and are hereinafter refer red to as “Private Improvements .”
II. DEVELOPER PLANS
A. The P roperty shall be developed in accordance with the following plans,
ori ginal copies of which are on file with the City Engineer. The plans may be
prepared after entering this agreement but must be completed and approved by the
City before commencement of any work on the Subject Property If the plans vary
from the written ter ms of this Agreement, the written terms shall control. The plans
are:
Plan C1 – General Notes & Specifications
Plan C2 – Standard City Details
Plan C3 – Standard Details
Plan C 4 – Grading Plan
Plan C5 – Storm Water Pollution Prevention Plan - Notes
Plan C6 – Storm Water Pollution Prevention Plan – Plan View
Plan C7 – Utility & Paving Plan
Plan C8 – Water Main Re -Route Plan & Profile
B. The plans shall be approved by the City of Lino Lakes , which approval shall not be
unreaso nably withheld . 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 appropriate, 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 site gradi ng 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
eros ion control measures to be implemented during construction.
The Village No. 5
Development Contract
May , 2013
page 3
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 grading 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 submitt ed 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) Erosi on 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
activities. All terms and conditions of the NPDES permit must be
adhered to by the Developer throughout 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 topsoil shall be
resto red 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 prior to occupancy.
f) T he 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 grading .
h) All stree ts 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.
The Village No. 5
Development Contract
May , 2013
page 4
i) No soils shall be im ported or exported without City approval , which
shall not be unreasonably withheld .
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 prope rly
abandoned with the exception of the well that will be used for
irrigation purposes.
4. Final access drive and driveway grading, subbase, gravel base, bituminous
binder course, and concrete curb and gutter shall be furnished and installed.
5. Sanitary sewer mains, 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 authorizati on 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 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.
7. The Developer shall place iron monuments at all lot and block corne rs 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 i nstalled so 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, resultin g from construction 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 swe eping, 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 a ttention to 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.
The Village No. 5
Development Contract
May , 2013
page 5
9. The Developer shall dedicate to t he City, prior 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 writin g,
in recordable 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 juri sdictions 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.
11. 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.
1 2 . Cost of Developer Improvements and description are as shown on
Attac hment A.
13 . Construction 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 inspecti on and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Public Improvements by the
City, the Developer shall obtain final plat approval and record the
final plat which w ill dedicate all permanent 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 by the
City .
The Village No. 5
Development Contract
May , 2013
page 6
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, wate rmain, and sanitary 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 ’s Public
Improvements and hereby guarantees the workmanship and materials
for a period of one year following the City's final acceptance of the
Developer's Public 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 hun dred twenty
percent (1 2 0%) of the total estimated cost of Developer's Public
Improvements and thirty five percent (35%) of Developer ’s Private
Improvements . The bank and form of the Letter of Credit or security
shall be subject to the approval of the City , which shall not be
unreasonably withheld . 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 th e 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 contract. 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 cash 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 ’s
The Village No. 5
Development Contract
May , 2013
page 7
Publ ic Improvements the City shall require a Performance
Bond or Cash Escrow to cover the one -year warranty
provisions of the agreement. The amount shall be reasonably
determined by the City Engineer.
III. CITY IMPROVEMENTS
A. Special Assessments. The City shal l assess the Property for the Sanitary Sewer
and Water Trunk Unit Charges in the total amount of $81,800 as shown on
Attachment A. The assessments shall be made pursuant to Minnesota Statute 429
and City Charter and applicable City policies. The assessments shall be payable in
equal annual principal installments plus interest on the unpaid installments at a
rate not to exceed the maximum allowed by law. All special assessments levied
hereto shall be payable to the City Clerk in semi -annual install ments over fifteen
(15) years commencing on April 15 of the year after the levy of such assessment
and on each September 15 and April 15 thereafter until the entire balance plus
accrued interest is paid in full unless paid earlier. In the alternative, the City, at
its option, may certify the entire assessment roll to the Anoka County Auditor for
collection with the Real Estate Taxes. In the event any payment is not made on
the dates set out herein, the City may exercise its rights granted hereunder for
su ch default. The Developer waives any and all procedural and substantive
objections to the installation of the City Improvements and the special
assessments, including but not limited to hearing requirements and any claim that
the assessments exceed the be nefit to the property.
B. Acceleration Upon Default. In the event the Developer violates any of the
covenants, conditions or agreements herein contained to be performed by the
Developer, violates any ordinance, rule or regulation of the City, County of
Anok a, State of Minnesota or other governmental entity having jurisdiction over
the plat, or fails to pay any installment of any special assessment levied pursuant
hereto, or any interest thereon, when the same is to be paid pursuant hereto, the
City at its op tion, in addition to its rights and remedies hereunder, after ten (10)
days' written notice to the Developer, may declare all of the unpaid special
assessments which are then estimated or levied pursuant to this agreement due
and payable in full, with inte rest. The City may seek recovery of such special
assessments due and payable from the security provided herein. In the event that
such security is insufficient to pay the outstanding amount of such special
assessments plus accrued interest the City may c ertify such outstanding special
assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for
collection the following year. The City, at its option, may commence legal action
against the Developer to collect the entire unpaid balance of the special
assessments then estimated or levied pursuant hereto, with interest, including
reasonable attorney's fees, and Developer shall be liable for such special
assessments and, if more than one, such liability shall be joint and several. Also,
if D eveloper violates any term or condition of this agreement, or if any payment is
not made by Developer pursuant to this agreement the City, at its option, may
The Village No. 5
Development Contract
May , 2013
page 8
refuse to issue building permits to any of the property within the plat on which the
assessments h ave not been paid.
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 a ssessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract. The Property is released
from the Site Improvement Performance Agreement dated January 13, 2006 .
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non -interest bearing escrow account with the
City in an amount reasonably determined by the City Administrator or his designee
for the payment of all costs incurred by the City related to the development of the
Subdivision 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% Construction 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 required by the City. The City shall have a right to reimburse
itself from the Escrow upon notice to the Developer, with suitable documentation
supporting t he charge s .
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
The Village No. 5
Development Contract
May , 2013
page 9
issuance. The unit charge shall be based on the procedure outlined in the
Metropolitan Environmental Services Service Avail ability 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 established trunk unit charges to
uniformly distribute the costs of public trunk water infrastructure. Each
individual connection to the water system shall be charged a unit charge per SAC
unit (currently at $3,854 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 Man ual. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Attachment A.
C. Surface Water Management Area Charges. The City has established a trunk area
charge to uniformly distribute the c osts of public trunk surface water
infrastructure and water quality improvements. The Developer shall pay pursuant
to the terms of the development agreement Surface Water Management Charges,
based on developable acreage, in the amount specified in Attachme nt A .
VI I . BUILDING PERMITS
A. The Developer agrees that building permits may be issued upon approval of the
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 building 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 b y this
agreement, the Public Improvements lying within public rights of way shall become
City property. U pon completion of the work and construction required by this
contr act of the utility and site improvements ly ing within the public easements,
except f or the City trail as described in Section I. B., shall become the property of
The Village No. 5
Development Contract
May , 2013
page 10
the Developer, Property Owners, 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 facilities upon reasonable notice. Any costs
incurred by the City of Lino Lakes to repair and maintain any private facilities shall
be billed directl y 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
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 provide that the City must be given ten (10) days advance written
notice of the cancellation of the insurance. The certificate may not contain any
discla imer for failure to give the required notice.
X I . REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees 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 portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent juri sdiction,
such decision shall not affect or void any of the other provisions of the Development
Contract.
XI 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, succ essors 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.
The Village No. 5
Development Contract
May , 2013
page 11
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 deposited 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 a bove.
C. Final Plat Approval
The City agrees to give final approval to the plat of the Subdivision upon execution
and delivery of this agreement and all required petitions, bonds, security, and
documents including the following:
1. The developer shall submit an executed development agreement and all
documents, fees and securities required therein prior to release of the
signed Final Plat.
2. The developer shall record the plat within 90 days after the date of
approval, otherwise the approval of the final plat sha ll be considered void,
unless the developer requests and receives an extension from the City
Council.
3. A Sign Permit application shall be submitted and approved by the City
Staff prior to installation or construction of any signage.
4. A Grading Permit applica tion shall be submitted and approved by City
Staff prior to any grading or site work.
5. A Building Permit application shall be submitted and approved by City
Staff prior to any construction.
6. A variance increasing the maximum right of way setback shall be
app roved by the City Council.
7. A photometric and lighting plan shall be submitted and approved by the
City Staff.
8. The Southeast (Street) Elevation main entrance façade shall be all brick as
shown on the original elevation sheet submitted March 11, 2013.
9. A deco rative window or louver shall be incorporated into the shake/gable.
10. Documentation from MnDOT stating the concerns from their April 4,
2013 letter have been addressed.
11. A copy of the Rice Creek Watershed District permit shall be submitted to
the City.
12. All co mments from the City Engineer Letter dated May 1, 2013 shall be
addressed.
13. Upon the City’s acquisition of Outlot B of The Village No. 3, the City will
work with the Developer to execute an access easement across the portion
The Village No. 5
Development Contract
May , 2013
page 12
of the outlot shown in the approved plans to be encumbered by the
proposed driveway connection to Town Center Parkway.
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 permits and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default h as been corrected to the satisfaction of
the City.
The City shall give prior written notice to the Developer of any default hereunder
before proceeding to enforce any financial guarantee, including the Letter of Credit,
or before the City undertakes any w ork for which the City will be reimbursed
through the financial guarantee. If within ten (10) days after such notice to it, the
Developer has not notified the City by stating in writing the manner in which the
default will be cured and the time within whi ch such default will be cured, or if the
City does not approve of the method or timing of the cure, which approval will not
be unreasonably withheld, the City will proceed with the remedy it deems
appropriate.
X V. PARK DEDICATION
A. The Park ded ication fee f or this site is calculated as follows:
1.25 Acres x $2,175 = $2718.75
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 respon sibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
The Village No. 5
Development Contract
May , 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 sai d 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 ex ecuted the same on behalf of said
corporation.
Notary Public
5-15-2013 ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME:The Village No. 5 NUMBER OF REU's:12
APPLICANT:Lino Lakes Lodging ASSESSED AREA (ac.):1.25
BUDGET PRIVATE PUBLIC FEE
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W)IMP. (X)AMOUNT (Z)
1 SITE GRADING Estimate e $88,800
2 EROSION CONTROL Estimate e $4,725
3 SITE ENGINEERING & SURVEYING Estimate e $40,600
4 LANDSCAPING Estimate e $59,400
5 STREETS
A. On Site Parking Lot Estimate e $71,800
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e $40,000
C. Surface Water Mgmt.$0.199/sf a
7 SANITARY SEWER CONST.
A. Trunk Unit Charge (REU)$2,911/unit a $34,932
B. Lateral Estimate e $6,500
C. Trunk Credit Estimate e
8 WATERMAIN CONST.
A. Trunk Unit Charge (REU)$3,854/unit a $46,248
B. Lateral Estimate e $17,300 $48,500
C. Trunk Credit Estimate e
TOTALS:$329,125 $48,500 $81,180
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
5-15-2013 ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME:The Village No. 5 NUMBER OF REU's:12
APPLICANT:Lino Lakes Lodging ASSESSED AREA (ac.):1.25
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 $1,000 b $1,000
B. Planner Review Fee $1,000 b $1,000
2 ADMINISTRATION
A. Legal $1,250 a $1,250
B. Administration Fee 3% of const.b $0
C. Publications $0 b $0
3 ENGINEERING
A. Plan/Plat/Grading Review $2,500 b $2,500
B. Construction Services $5,000 b $5,000
C. Construction Staking $0 b $0
D. City Engineering $2,500 b $2,500
4 DEVELOPMENT FEES
A. Park Dedication Fee $2175/acre d $0 $2,719
B. Park Dedication Credit $0 $0
C. Sealcoating Fee $0.30/SF b $0 $0
D. Aerial Photo Fee 90/unit b $90 $0
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 $14,340 $2,719
Grading Only Escrow Credit $0
TOTALS:$14,340 $2,719
SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total
W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)$115,000 $0 $115,000
X = PUBLIC IMPROVEMENT COSTS X 1.2 (LETTER OF CREDIT)$58,200 $0 $58,200
Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW)$0 $14,340 $14,340
Z = CITY FEES X 1.0 (CASH FEE)$81,180 $2,719 $83,899
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
CITY COUNCIL
AGENDA ITEM 6 B
STAFF ORIGINATOR: Jason Wedel , City Engineer
MEETING DATE: June 10 , 2013
TOPIC: Consider Resolution No. 13 -7 0 , Authorizing Preparation of Plans
& Specifications, 2013 Surface Water Management Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council action to authorize preparation of plan s and specification for the 2013
Surface Water Management Project. WSB, city engine er, has submitted a proposal for the not to
exceed amount of $19,5 00 to prepare the plans , provide contract administration and construction
inspections. Funding for the engineering and the maintenance contract is included in the 2013
Public Services – Streets budget.
BACKGROUND
The City operates a storm water conveyance system to manage w ater runoff and water quality
from City streets and neighborhoods. To maintain the effectiveness of the system, cleaning and
repair of pipe sections, catch basins, manhol es, drainage ways and ponds must be completed.
City staff conducts’s annual review s of the system components as required by the City’s National
Pollutant Discharge Elimination System (NPDES) permit. Project priorities are determined
following completion of the inspection process and evaluation of resident issues identified
during the y ear.
RECOMMENDATION
Staff is recommending approval of Resolution No. 13 -7 0 Authorizing Preparation of Plans and
Specifications.
ATTACHMENTS
1. Resolution No. 13 -7 0
2
CITY OF LINO LAKES
RESOLUTION NO. 13 -7 0
RESOLUTION AUTHORIZING PREPARAT ION OF PLANS AN D SPECIFICATIONS
2013 SURFACE WATER MANAGE MENT PROJECT
WHEREAS , it is proposed to perform cleaning and repair activities to the City’s surface water
management system in accordance with the City’s National Pollutant Discharge Elimination
System (NPDES) p ermit and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota :
1. WSB & Associates is hereby declared as the engineer for this improvement. The engineer
shall p repare plans and specifications for the 20 13 Surface Wate r Manageme nt Project for
the amount of $19,5 00.
Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was dul y seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIG INATOR: Michael Grochala
MEETING DATE: June 10, 2013
TOPIC: Consider Resolution No. 13 -74, Consent to Conduct Drainage
Proceedings for Anoka County Ditch 53 -62 Under the Watershed Law
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to approve the request of the Rice Creek
Watershed District for municipal concurrence for the proposed Anoka County Ditch 53 -62
Water Management District (WMD).
BACKGROUND
The Rice Creek Water shed District (RCWD) is the ditch authority for County/Judicial Ditches within
the district. The RCWD has been working systematically to repair and maintain the ditch system. The
District is currently proceeding with work on the 10 -22 -32 system that prov ides drainage to the
northwest quadrant of the City.
Under state law the Rice Creek Watershed District may undertake proceedings related to the drainage
system in accordance with the Watershed Law (Minnesota Statute Chapter 103D) rather than the
Drainag e Code (Minnesota Statutes Chapter 103E) subject to concurrence by the city council where the
system is located. This alternative authority was created by the state legislature to simplify the
improvement and repair process to more adequately and economic ally improve and repair drainage
systems in the metropolitan area.
In 2011, the City passed Resolution No. 11 -35, consenting to the use of this authority for the 10 -
22 -32 Ditch system. The RCWD is now requesting City consideration of a resolution consent ing to
their proposal to use the watershed law authority to finance the repairs on the 53 -62 ditch system. This
system is located primarily in the City of Blaine but services a small area of Lino Lakes along Sunset
Street.
Mr. Phil Belfiori, District A dministrator, discussed the establishment of the WMD at the June 3, 2013
work session. A memorandum from Mr. Belfiori explaining the funding mechanism and estimated
distribution of costs for the project is attached. Concurrence with the use of alternativ e authority is not
an endorsement of any project. A separate legally established procedure is required for any future
project.
RECOMMENDATION
Staff recommends approval of Resolution No. 13 -74.
ATTACHMENTS
1. Resolution No. 13 -74
2. RCWD Memo, dated June 7, 2013
CITY OF LINO LAKES
RESOLUTION 13 -74
CONSENT TO CONDUCT DRAINAGE PROCEEDINGS FOR ANOKA COUNTY
DITCHES 53 -62, UNDER THE WATERSHED LAW
WHEREAS , Rice Creek Watershed District (“RCWD”) is the drainage authority for An oka
County Ditches (ACD) 53 -62 (the “Drainage System ”); and
WHEREAS , RCWD performs repair and maintenance ac tivities on the Drainage System ,
including current repair proceedings for ACD 53 -62; and
WHEREAS , Minnesota Statute 103D.621 Subd. 4, grants RCWD the authority to undertake
proceed ings related to the Drainage Systems in accordance with the Watershed Law
(Minnesota Statutes Chapter 103D) rather than the Drainage Code (Minnesota Statutes
Chapter103E), subject to concurrence by city councils and town boards where the Drainage
Systems a re located;
WHEREAS , by Resolution No. 11 -35, on March 14, 2011, the City Council previously
consented to the conduct of drainage proceedings for ACD 10 -22 -32 under the Watershed Law;
WHEREAS , RCWD has requested concurrence from City of Lino Lakes to co nduct the
necessary proceedings related to the Drainage System in the City of Lino Lakes under the
Watershed Law, rather than the Drainage Code;
WHEREAS , the purpose of conducting proceedings under the Watershed Law is to provide
consistent management of all drainage systems under RCWD management, comprehensive
wetland management, and appropriate administration of resource management plans; and
WHEREAS , conducting the proceedings under the Watershed Law will facilitate flexibility in
financing the recomme nded repair option.
NOW THEREFORE BE IT RESOLVED that the City of Lino Lakes City Council, in
accordance with Minnesota Statute 103D.621 Subd. 4., consents to the Rice Creek Watershed
District’s request to conduct proceedings for Anoka County Ditches 53 -6 2 under Minnesota
Statutes Chapter 103D.
Adopted by the Council of the City of Lino Lakes this 10 th day of June , 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Counci l 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
MEMORANDUM
Rice Creek Watershed District
To: Mike G rochala, Community Development Director Date: June 7, 201 3
From: Phil Belfiori , RCWD Administrator
Subject: Follow -up from June 3, 2013 Council work session regarding requested municipal
concurrence for Anoka County Ditch 53 -62 Water Manage m ent District.
The purpose of this memorandum is to provide requested follow -up information to the City of Lino
Lakes regarding the RCWD request for municipal concurrence for the proposed ACD 53 -62 Water
Management District (WMD). Spec ifica lly the Council requested information related to how the money
generated from the charge is being used so that the Council could further consider th is item at the
Monday , June 10, 2013 Council Meeting .
The RCWD uses WMD’s as one of several funding mechani sms for the implementation of activities to
solve local and regional problems and issues. The charge collected will be used for the implementation
of those features providing benefit to properties located within the boundary of the ACD 53 -62 WMD -
see locat ion map below . These features yield direct benefit by providing predictable drainage to land
currently in agricultural production and urban stormwater conveyance as development proceeds.
The Engineer’s Opinion of Probable Cost for the project is an estim ated at $411 ,353 , and Board
consensus to date has been that 71% of that cost (an estimated $292,443 ) will be paid by the charge
collected through the ACD 53 -62 WMD. The remaining portion of the estimated project cost, primarily
for all or portions of those features which avoid wetland impacts or restore wetlands and maintain
historic irrigation function, will be paid for through the district -wide ad valorem levy. The initial WMD
charge will be used to repay the capital construction cost and then reduced and used to pay for the
continued maintenance and repair of the system.
As you will note, there is only one small tributary area located within the City of Lino Lakes that will
be charged. (Located just east of Sunset Ave.). The total charge (for all three years) that would be
collected within the City for this requested ACD 53 -62 WMD is $1765.