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HomeMy WebLinkAbout06-24-13 Council Packet WS – Item 1 WORK SESSION STAFF REPORT Work Session Item Date: June 24, 2013 To: City Council From: Al Rolek Re: Utility Billing Discussion – Bobby & Steve’s Auto World Background Attached is a letter from Robert Williams expressing his conc erns about the utility bills for the former Bobby & Steve’s Autoworld which closed in October, 2012. The property is being billed in accordance with the city’s current fee ordinance. In his letter Mr. Williams is expressing his concern with the current r ate structure. The current rate structure charges based upon Residential Equivalent Units (REU), as determined by the Metropolitan Council Environmental Services, and consumption. Bobby & Steve’s Autoworld is currently determined to have 6 REU for the co nvenience store/filling station and 19 REU for the car wash. Therefore, base quarterly charges (at $52/REU for sewer and $10/REU for water), plus applicable State fees, are $373.59 and $1,179.59, respectively. Requested Council Direction Staff is seekin g direction from the City Council regarding future billing for this and similar account situations. Attachments Robert Williams Letter Robert Williams 3701 Central Ave. Columbia Heights, MN 55421 763.788.1113 x316 bobby.williams @bsaw.com June 13, 2013 Alan Rolek Director of Finance City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Alan Rolek : Bobby & Steve’s Autoworld had a location in Lino Lakes that closed O ctober, 2012. At the time the location closed, the water and electricity were shut off; however, I am continuing to receive extensive quarterly water bill s. I as the land owner, have been receiving two quarterly water bills; one is equivalent to 27 residential properties and the other is equivalent to at least nine residential properties as opposed to one commercial property or a flat water payment rate for each account. I want to raise concern on this matter as the amount of these bills is out of range considering the business has been closed and a future re -opening date is uncertain. Thank you for your consideration so I can bring th is to the attention of the City Council . Sincerely, Robert Williams WS – Item #2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: June 24, 2013 To: City Council From: Julie Bartell Re: Local Board of Appeal Training Background Under Minnesota Statute, each Local Board of Appeal and Equalization (LBA E) must have at least one training certified member p resent at each meeting of the LB AE. A city or town that does not comply with this requirement is deemed to have transferred its LBAE powers to the county. Council Member Dave Roeser has served as the C ity’s trained LBAE member for the past four years however his training certification expires in November of 2013. Therefore, if the council wishes to retain the local appeal process, at least one member must be trained prior to April 2014. Note that th e county does recommend that more than one member be trained to cover unforeseen circumstances. Requested Council Direction Training sessions are offered in each county during the summer and fall months. The training session s for Anoka and Washington Co unty are highlighted. Staff would like to hear from council members who are interested so that training arrangements can be made. Attachments 2013 Board of Appeal and Equalization Training Courses MANAGEMENT TEAM ’S Monthly Progress Report Ju ne 24 , 2013 Item Last Action Taken Staff Status Pavement Management Plan City engineer prepared plan Jason Wedel Included on July 1 work session agenda Frisbee gol f course at Center ville Rd. & Birch St. May 2012 - Staff applied for Outdoor Recreation Grant from DNR Rick Grant was denied last June Elmcrest Road improvements 5/6/13 – Staff met with Hugo to discuss road improvements at Elmcrest & Cedar Michael & Rick Hugo is interested , but is waiting for development Skateboard Park at public works facility Park Board reviewed proposal to reopen park & recommended shutting it down due to extensive damage to park property Rick No cooperation from users Utility Rate Study 4/1/13 – Coun cil discussed feasibility of a water treatment plant or using a deeper aquifer to reduce chemical treatment costs Rick Staff is waiting for WSB to complete aquifer study 2014 Budget 6/17/13 – Staff presented various options for reducing the gap Al There w ill be more discussion at the July 1 work session Scanning project City purchased a support package for Laserfiche from Cities Digital Jeff Staff had three hours of training on June 10 74 th Ave. Street Improvements City engineer notified residents that they need to submit a petition for the project Michael Waiting for petition from residents 7309 Lake Dr. code violation 6/3/13 - Staff provided an update Michael On hold pending review of response letter Labor negotiations Police officers and Local 49 s ettled through 2013; AFSCME through 2012; Sergeants through 2011 Jeff A mediation session is scheduled with the sergeants on June 28 Drilling for new water supply into Mt. Simon aquifer 6/3/13 – Council expressed interest in getting water from Mt. Simon aquifer Rick WSB is preparing a report at a cost of $5,000 CITY COUNCIL WORK SESSION June 3, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 3, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 8:25 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : Non e 9 10 11 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 12 Swenson; Community Development Director Michael Grochala, City Engineer Jason 13 Wedel; Ci ty Planner Katie Larsen, Public Services Director Rick DeGardner; Utilities 14 Supervisor Tim Hillesheim; City Clerk Julie Bartell 15 16 1. Rice Creek Watershed District (RCWD) Consent to Drainage Proceedings 17 Under Watershed Law – Phil Belfori, RCWD representativ e, and John Kolb, Rinke -18 Noonan consultant, reviewed a written presentation (on file) explaining the district’s 19 plans to repair ditch systems in the city and a proposal for financing the work through 20 both ad va lorem and regular taxes. H istoric information was discussed on the ditch 21 systems and Mr. Belfori explained the importance of looking ahead and planning for how 22 water will be managed. They indicated on a map the location of the ditches in Lino Lakes 23 and explained that they are requesting concurrence f rom the city for th e financing 24 structure proposed. Mr. Belfori explained the process that is undertaken for gaining 25 en dorsement of the project including public notice and hearing. 26 27 When Mayor Reinert asked about the cost to the city, Community Developme nt Director 28 Grochala explained that the cost is based on benefiting property included that owned by 29 the city. He believes the cost for the previous ditch project (10 -22 -32) was about $23,000 30 payable over three years. Mr. Kolb added that the work proposed is major because it 31 includes catching up on maintenance that didn’t occur; going forward after the 32 improvements, the costs will be much lower. 33 34 The council asked for an explanation of the funding sources and Mr. Belfori explained 35 that the costs would b e divided 50/50 paid through ad valorem (RCWD wide) and to 36 benefiting properties base d on their drainage amount. T he charges are brought through 37 the property taxation system. 38 39 Council Member Rafferty asked the representatives to expand on the term “majo r 40 repairs”. Mr. Kolb laid out anticipated improvements such as removal of heavy sediment 41 that has gathered in the ditch over many years, removal of trees and perhaps changing 42 culverts that are no longer appropriate. The process begins at the start of the ditch and the 43 entire length is checked and repaired to functionality. The work is really something of a 44 laundry list. 45 CITY COUNCIL WORK SESSION June 3, 2013 DRAFT 2 46 Community Development Director Grochala added that while these projects are not a part 47 of the City’s Storm Water Maintenance Program (SWMT), the improvements do impact 48 the outlook of the whole system. The ditch system (including some underground pipes) is 49 a consideration in development planning (e.g. ponding requirements to retain water). 50 51 The mayor asked if the ditches can be made bi gger for future use. Mr. Kolb responded 52 that they can be enlarged to some extent under the definition of maintenance but that will 53 be less and less so in the future. 54 55 Council Member Roeser stated that he supports the proactive approach. He asked if 56 pro ject financing is pay -as -you -go and Mr. Belfori explained that the RCWD board 57 normally decides on a financing plan and typically bonds are involved with debt service 58 through the charges that have been discussed. Council Member Roeser suggested that 59 State of Minnesota Legacy funding should be a possible funding source and the 60 representatives both explained that Legacy funding is sometimes sought but somewhat 61 difficult to obtain for drainage projects. 62 63 When Council Member O’Donnell asked if the council is being asked to authorize the 64 taxation, Mr. Kolb explained that the RCWD ha s that authority; the request to the council 65 is that the council concur with the plan to finance ad valorum and through RCWD. 66 67 The mayor suggested that he’d like to get more inform ation on the fu nding before the 68 council votes . When the mayor asked about oversight of the project, Mr. Kolb explained 69 that the RCWD Board is the oversight authority. The council c oncurred that they will 70 receive additional information at a future w ork se ssion, except that Project 53 -62 can be 71 sent forward since it is the most time sensitive, with the understanding that it could be 72 pulled from the council agenda if need be. 73 74 2. 74 th Avenue Street Improvements (from Open Mike) - City Engineer Wedel 75 expl ained that the City plans a mill and overlay project in 2013 for Marvy Street and Jon 76 Street. A resident of the area whose property borders on nearby 74 th Street has 77 approached the city about including that street (currently gravel) as a paving project. 78 Staff has sent a letter to the four property owners who front on 74 th Street asking about 79 paving of the street. Two responded favorably, one against and one did not respond. Mr. 80 Wedel presented options for consideration: assessment of 100% of the cost to property 81 owners (petition required ); partial assessment of property owners and c ity covering the 82 rest; city paying 100% of costs; or completion of the paving under MN Statute 419. He 83 added that, with one resident not interested, the full assessment to the property probably 84 isn’t possible. Cost sharing would probably require compliance with the City Charter. 85 Full payment by the city would set a prec edent that would be difficult. When asked for 86 an estimate of the cost, Mr. Wedel responded that around $25,000 to $30,000 would be 87 his estimate of just paving the street and other improvements. 88 89 CITY COUNCIL WORK SESSION June 3, 2013 DRAFT 3 The council heard from Amy Pavlis,7402 Patti Drive, who had spoken at the last council 90 meeting in favor of improvements to 74 th Avenue. She noted that one of th e four 91 properties that front on that street has a new owner. She invited the council to visit the 92 roadway. 93 94 City Engineer Wedel was directed to send another letter to the property owners that 95 would benefit from improvements to 74 th Street (after checkin g with the city attorney on 96 which properties benefit) asking about interest in a project. Council Member Roeser 97 added that there may be some cost savings to the city if t he road were paved – i.e. regu lar 98 grading work. Mr. Wedel added that 74 th Street im provements could possibly be added to 99 this year’s schedule if a petition comes in soon. 100 101 3. 7309 Lake Drive Code Enforcement Issue – Community Development Director 102 Grochala updated the council on the status of the use of the property. At the May work 103 ses sion, the council requested that the property owner work with their lessee on a 104 business plan that would bring the property into zoning compliance. Staff did receive a 105 response very recently (on May 29) but no change is really suggested in that response. He 106 is requesting additional time to review the response. Mr. Grochala noted that he has 107 become aware of advertising for the site that includes outdoor storage for any use. The 108 mayor indicated concern that the height reduction they promised hasn’t occur red in a 109 month’s time. 110 111 The council concurred that staff will continue to review the response with the city 112 attorney and the matter will be discussed again at the next work session. 113 114 4. Lino Lakes Assisted Living Development Update – Community Developme nt 115 Director Grochala updated the council on this project that would expand the existing 116 facility on a portion of the Legacy at Woods Edge property. There are some new 117 stormwater maintenance requirements that involve additional filtration since the Legacy 118 plans were put in place. Staff is working with the parties involved on the situation. The 119 Rice Creek Watershed District is in the process of reviewing the plans for that 120 modification. Staff is also working with the developer on a modification to the a ccess 121 point; the city will own the adjacent property through special legislation so staff is able to 122 work on access to create a better driving situation. That change will require action by the 123 city’s Economic Development Authority (EDA) since that body wi ll hold title to the land. 124 The mayor thanked staff for the update and urged continued staff support to keep the 125 project moving ahead. 126 127 5. Addition of New Agenda Heading - Mayor Reinert explained that this matter 128 involves reinstituting the monthly progress report that the council used to receive from 129 the city administrator. It helps to keep information coming to the council . The council 130 concurred that the city administrator should provide a report for each monthly work 131 session. 132 133 CITY COUNCIL WORK SESSION June 3, 2013 DRAFT 4 6. 2014 Budget Update and Staff Research Requests – Council Member Stoesz noted 134 that the council recently canceled the budget priorities session. The council concurred 135 that the meeting should be rescheduled; it was set for June 17, 2013, 5:30 p.m. 136 137 7. Increasing Water Quality a nd Reducing Water Cost – Council Member Roeser 138 noted that the council recently discussed wat er facilities and rates . In discussion s about 139 the lo ng -term, both water treatment and a deeper source have arisen. He knows that 140 asking for permission to go deepe r for water is something that won’t automatically 141 receive state approval but there are situations now where that deeper water is being 142 accessed (White Bear Lake well; Schmidt Brewery). He thinks it would be wise to have a 143 comprehensive plan for future acc ess and work toward that. The mayor asked what 144 reason would be accepted to allow accessing a deeper aquifer; City Engineer Wedel 145 explained that he’s aware of only one case where that was allowed, in the City of Savage, 146 and it was because they didn’t hav e another option and it was limited . Utility Supervisor 147 Tim Hill esheim added that generally penetrations to the deeper aquifer were done long 148 ago and under different circumstances. The mayor suggested that there are reasons to 149 source that water and perha ps other aquifers not as deep and why shouldn’t the city seek 150 that permission so it can avoid additional water treatment. Public Services Director 151 DeGardner noted a comparison with the city of Blaine – they have a water treatment 152 facility and the city of Lino Lakes still charges less for water just using chemicals. Mr. 153 DeGardner said he doesn’t generally understand what issues the city could present that 154 would warrant a request to change aquifers. Council Member Roeser suggested that the 155 reason could be better water for this city’s residents and that the water situation could 156 hinder future development with additional costs. He is suggesting that the city work to 157 fin d a way and develop a plan . K nowing that there will be ever increasing rules and 158 regula tions on the water, why not look long term and get ahead of the game. Mr. 159 Hillesheim suggested that the city does have the option o f some change in chemical use 160 because when water use is high, less chemical s could be used to treat the water . Council 161 Mem ber Roeser remarked that a comprehensive approach that shows that the city is 162 planning well in all areas would be good. 163 164 As far as next steps, the Mayor suggested that Council Member Roeser and another 165 council representative could meet with staff and bra instorm on options and goals . 166 Council Member Rafferty suggested that the chemical option suggested by Tim 167 Hillesheim should be part of the discussion. City Engineer Wedel added that the city is in 168 the process of a wellhead study and some of that gained i nformation may be useful. 169 170 8. YMCA Bonding – Council Member Stoesz, who requested this discussion, explained 171 that he was not on the council when the bonding for the projec t was approved. A review 172 of this long term financing plan and its relationship to t he city would be helpful. 173 174 Community Development Director Grochala explained that back in 1996, there was 175 discussion about a Lino Lakes ’ community center. At that time the YMCA started raising 176 funds to have that type of facility. The project that they br ought forward wasn’t exactly 177 what the community sought. The city entered into a conceptual arrangement with the 178 CITY COUNCIL WORK SESSION June 3, 2013 DRAFT 5 YMCA to provide a new facility here by Legacy , with the city contributing some 179 financing. By 2006 the YMCA had raised funds and was proposing a project. It wasn’t 180 the project the city wanted in terms of size however . The 45,000 square foot facility that 181 was developed included a city contribution of $2.3 million in bonding that is paid 182 annually (for 15 years) at a fairly level rate. There was also conduit debt up to about $3.5 183 million, allowing the YMCA to use city authority for the bonds, with no risk to the city. 184 Provisions were made in return such a s specials for city residents, many of which have 185 expired. There was some value calculated f or those provisions. There is language in the 186 deed document not allowing sale of the property without purchase rights to the city. The 187 council requested that staff provide an update on what provisions are still offered. 188 189 The Mayor noted the vacant gree n space in the Legacy area and asked if it could be used 190 for something like recreation. He suggested Frisbee golf. Community Services Director 191 DeGardner said he have to research possibilities; any use like that would be temporary 192 since the land is inten ded to be developed. 193 194 Review Regular Council Meeting Agenda of June 10, 2013 . The agenda for the 195 upcoming council meeting was reviewed. 196 197 Item 1A, City Expenditures - Council Member Rafferty posed some questions about 198 tuition reimbursement, fleet gasolin e costs and how costs are monitored. 199 200 There were no other changes to the regular Council agenda. 201 202 The meeting was adjourned at 8:35 p.m. 203 204 These minutes were considered, corrected and approved at the regular Council meeting held on 205 June 24, 2013 . 206 207 208 209 210 Julianne Bartell, City Clerk Jeff Reinert , Mayor 211 212 COUNCIL MINUTES June 10, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : June 10, 2013 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:47 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff me mbers present: City Administrator Jeff Karlson ; City Engineer Jason Wedel ; Chief of Police 12 John Swenson; 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 O’Donnell moved to approv e the Consent Agenda, Items 1A trough 1E, as 25 presented . Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote . 26 27 ITEM ACTION 28 29 Consideration of Expenditures: 30 31 June 10, 2013 (Check No. 95713 – 95783 , 32 $111,707.51 ) Approved 33 34 Centennial Fire District (Check No. 5834 - 35 5855 , $31,866.88 ) Approved 36 37 May 28 , 2013 Work Session Minutes Approved 38 39 May 28, 2013 Liquor Complianc e Hearing Minutes Approved 40 41 May 28, 2013 Council Meeting Minutes Approved 42 43 44 45 COUNCIL MINUTES June 10, 2013 DRAFT 2 FINANCE DEPARTMENT REPORT 46 47 There was no report from the Finance Department. 48 49 ADMINISTRATION DEPARTMENT REPORT 50 51 3A) Resolution No. 13 -71, Renewal of Liquor, Wine, Beer and Dan ce Licenses – City Clerk 52 Bartell reported that liquor and related licenses in the City of Lino Lakes are issued annually 53 and will expire on June 30. Staff has provided to the council a list of the establishments th at have 54 submitted applications and hav e met renewal requirements and is requesting approval of Resolution 55 No. 13 -71 regarding renewal of liquor, beer and dance licenses . 56 57 Council Member Rafferty moved to approve Resolution No. 13 -71 as presented. Council Mem b er 58 Stoesz seconded the motion. Mo tion carried on a unanimous voice vote. 59 60 PUBLIC SAFETY DEPARTMENT REPORT 61 62 There was no report from the Public Safety Department. 63 64 PUBLIC SERVICES DEPARTMENT REPORT 65 66 There was no report from the Public Services Department. 67 68 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 69 70 6A) Resolution No. 13 -55, Development Agreement for The Village No. 5 – Lino Lakes Assisted 71 Living – City Engineer Wedel explained that this development agreement relates to the expansion of 72 the assisted living facility. The city has approved the final plat with a condition that a development 73 agreement be approved. There were a couple of tweaks to the agreement relating to costs for site 74 grading, site engineering and landscaping resulting in some new dollar amounts required for deposit. 75 76 Counc il Member Roeser moved to approve Resolution No. 13 -55 as presented. Council Member 77 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 78 79 6B) Resolution No. 13 -70, Preparation of Plans and Specifications for the 2013 Surface Water 80 Ma nagement Project – City Engineer Wedel explained that the resolution authorizes certain 81 preparations for the project. WSB Engineering has submitted a proposal for $19,500 for plans, 82 contract admin and construction inspection services for the project. Th is project is implemented each 83 year based on inspection of the system. This year the projects included are focused on the west end 84 of the city and includes improvements to areas that have had ponding or flooding issues over the past 85 few years. 86 87 Council M ember Rafferty moved to approve Resolution No. 13 -70 as presented. Council Member 88 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 89 90 COUNCIL MINUTES June 10, 2013 DRAFT 3 6C) Resolution No. 13 -74, Consent to Conduct Drainage Proceedings for Anoka County Ditch 91 53 -62 Under the Watershed Law – Ci ty Engineer Wedel reported that the resolution would give 92 local approval to the Rice Creek Watershed District’s (RCWD) proposal to improve a ditch system 93 using a financing plan that splits costs between ad valorem taxes and direct pr operty assessments. 94 This is mostly located in Blaine but there is a small area in the City of Lino Lakes. The council did 95 receive a presentation from RCWD staff at a recent work session. He reviewed the proposed costs 96 and the small amount of that attri butable to the city. The mayor confirmed that any impacted 97 residents have been notified. 98 99 Council Member O’Donnell moved to approve Resolution No. 13 -74 as presented. Council Member 100 Roeser seconded the motion. Motion carried on a unanimous voice vote. 101 102 UNFINISHED BUSINESS 103 104 There was no Unfinished Business. 105 106 NEW BUSINESS 107 108 There was no New Business. 109 110 COMMUNITY EVENTS 111 112 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, June 15, 113 2013 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 114 115 YMCA FARMER’S MARKET will be held at Legacy and Woods Edge (across from Chain of Lakes 116 YMCA) Thursday’s starting June 20 from 3:00 p.m. to 7:00 p.m. 117 118 Cou ncil Member Roeser noted the new facilities located at Centennial Fire Stations to collect 119 aluminum cans for recycling. Profits will be used to support a recreation center and he believes that 120 there is progress on getting those cans from businesse s. 121 122 ADJOURN 123 124 There being no further business, Council Member Rafferty moved to adjourn at 6:47 p.m. Council 125 Member Roeser seconded the mot ion. Motion carried on a unanimous voice vote . 126 127 These minutes were considered and approved at the regular Council Meeting, June 24, 2013 . 128 129 130 131 132 Julianne Bartell, City Clerk Jeff R einert , Mayor 133 134 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Al Rolek, Director of Finance MEETING DATE: June 24, 2013 TOPIC: Consideration of not waiving monetary limits on tort liability per MN Statute 466.04 VOTE REQUIRED: 3/5 INTRODUCTION St aff is asking City Council consideration of action to not waive moneta ry limits on tort liability as provided for in MN Statute 466.04. BACKGROUND Each year, the City has the option of waving its monetary limits on tort liability to the extent of the cov erage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the s tatutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the c ity purchases the optional excess liability coverage If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,500,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability cov erage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the am ount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). The City of Lino Lakes has never waived its’ monetary limits on tort liability. RECOMMENDATION Staff recommends that the City of Lino Lakes does not choose to waive its’ monetary limits on tort liability established by Minnesota Statute s 466.04. ATTACHMENTS None CITY COUNCIL WORK SESSION June 17, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 17, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 7:05 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty (arrived at 5:55 p.m.), Roeser and 8 Mayor Reinert 9 ME MBERS ABSENT : None 10 11 12 Staff members present: City Administrator Jeff Karlson; Public Services Director Rick 13 DeGardner; Community Development Director Michael Grochala; F inance Director Al 14 Rolek; Public Safety Director John Swenson; City Clerk Julie Bartell 15 16 1. 2014 Budget Preparation - Mayor Reinert announced th at the council will be again 17 be discussing how to fill a budget gap. There isn’t really an y new information si nce the 18 recent discussions this year. The city has been facing a similar challenge for the past four 19 to five years and he feels the challenge has been met. He feels that the council would like 20 to move to fill the gap as efficiently as possible, hopefully without cuts or any loss of 21 service. There is a light at the end of the tunnel as far as property values since projections 22 are much better for next year. He envisions a two part meeting – discussion of the 2014 23 budget and considering the possibility of bringing on a consultant to help with a drill 24 down. 25 26 2. Legislative Actions 27 a. Sales Tax Exemption 28 b. Levy Limits 29 c. PERA Police & Fire Pension Fund 30 31 Finance Director Rolek provided an explanation of the legislative actions. He distributed 32 a docum ent indicating sale s tax paid by the city in 2012 and estimating possible savings 33 due to the legislative sales tax exemption provided to cities. Although the city pays an 34 estimated $125,000 in sales tax annually, the exemption is limited in scope and may only 35 include general fund expenditures. There is the possibility of including some additional 36 exemptions for a total possible savings up to approximately $73,000. For retail 37 purchases , the city will provide exemption information to the stores. 38 39 Mr. Ro lek reviewed the situation relative to Public Employee Retirement Association 40 (PERA) pensions. He noted that public employee retirement funds have faced certain 41 challenges in recent years, particularly the Police and Fire Funds. The State Legislature 42 thi s year followed the recommendations of the police and fire pension funds by incre asing 43 the required contribution percentage for both employees and employers. The increase to 44 the city is an addition al cost of $23,000 for both 2014 and 2015. Council Membe r 45 CITY COUNCIL WORK SESSION June 17, 2013 DRAFT 2 O’Donnell asked if there are other postemployment benefits that the city must consider 46 such as sick leave payout. Mr. Rolek said nothing else instituted by the L egislature. 47 48 Regarding the matter of levy limits , Mr. Rolek provided written information est imating 49 where the city’s levy limit would fall under the new law. The limits have been reinstated 50 for one year . Mayor Reinert noted that the gap with the levy limit in place wo uld put the 51 city over by $440,378. As previously discussed, the city’s sales tax exemption could take 52 $73,000 off of that. 53 54 3. Job Vacancies – Administrator Karlson discussed current staff vacancies, noting that 55 there is no decision anticipated from the council tonight on the positions but the existence 56 of vacancies c ould impact discussions on the gap. The total cost related to all open 57 positions is about $282,000. Directors will be reporting on impacts if any positions were 58 not to be replaced, perhaps at the July work session. Mayor Reinert concurred that the 59 council will be receiving additional information. 60 61 Mayor Reinert indicated that the discussion about t he 2014 budget will continue; he still 62 feels that more drill down on efficiencies is needed. He recalled that Administrator 63 Karlson prepared an organizational revie w and that was a good report and results were 64 effective. The mayor sees that this may be the time to bring in an outside consultant. 65 66 Council Member Roeser noted that two half -time positions were mentioned and he 67 wonders if half time positions may be mo re expensive just because of pending new health 68 care mandates. Also he recommends that the city budget for labor arbitration costs since 69 that seems to be a yearly expense. 70 71 Council Member Rafferty said he questions why the budget sees certain things cha rged in 72 a way that is confusing to him. For example he doesn’t see where the cost of iPads is 73 charged; shouldn’t that be charged to the council budg et? He also wonders about line 74 items for servers. Finance Director Rolek discussed the city’s accounting methods and 75 how he could provide more segregation but that it does create more work and uses more 76 time. The mayor remarked that he understands that Council Member Rafferty is looking 77 for more detailed budget information and that may help him to drill dow n. Council 78 Member Roeser said he understands that at a certain level, accountability can save costs 79 and also provides more details for the council and they make decisions. 80 81 Mayor Reinert noted that there has been discussion about the proposed budget gap and 82 things that could be looked at to fill the gap. He’d like to have more rather than less in 83 the area of ideas. He sees that there are good discussions underway about such things as 84 IT services and breaking down those costs and reviewing them is good practice but that is 85 large in scope and wouldn’t impact the 2014 budget. 86 87 Council Member Roeser said he continues to encourage a review of revenue generating 88 possibilities. For example the city is included in the recent fiber optic upgraded system; 89 coul d some of that bandwidth be sold? How about the former Early Childhood Center 90 CITY COUNCIL WORK SESSION June 17, 2013 DRAFT 3 space that is available for rental. He asked that staff think about what the city has to sell 91 for revenue. 92 93 4. Update on Health Care Reform – Administrator Karlson reviewed h is written report. 94 He has worked to gain information on how reform will impact the city. While a health 95 care exchange is being created for the state that will include different levels of plans, the 96 details are not yet available. It appears that the city could have the option of offering a 97 plan to employees or deferring to the exchange but some questions do arise on the 98 government’s ability to make changes that are not negotiated. He plans on having a 99 benefit provider come to a work session in the futur e. 100 101 Administrator Karlson provided an update on the status of the city’s labor union 102 contracts. 103 104 In summation, Mayor Reinert suggested that the city needs to bring in a company for 105 consulting and accounting. A fresh pair of eyes is always good. Council members should 106 think about those possibilities. He wants to see a short and long term approach to the 107 budget. The mayor will work on a list of possible consultants to review at the n ext work 108 session. It may be good to have someone with an understandin g already of the city (i.e. 109 Springsted). Administrator Karlson suggested that the city should establish parameters 110 for a review. 111 112 The meeting was adjourned at 7:05 p.m. 113 114 These minutes were considered, corrected and approved at the regular Council meetin g held on 115 June 24, 2013 . 116 117 118 119 120 Julianne Bartell, City Clerk Jeff Reinert , Mayor 121 122 CITY COUNCIL AGENDA ITEM 1F STAFF ORIG INATOR: John Swenson Chief of Police MEETING DATE: June 24, 2013 TOPIC: Converting seized property to City Property for use by the Police Department VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes O rdinance 213.07 (1) authorizes the Police Department to appropriate unclaimed property for City use if authorized to do so by a majority vote of the City Council. BACKGROUND As part of the con tinue d management of police department property and evidence room, members of the police departm ent identified the following equipment for department use. 1. Aluminum ladder – 11 -117652 – for use within the police department 2. Axe – 04 -215276 – for use as a breaching tool 3. Bolt cutter – 03 -022246 – for use as a breaching tool 4. Power inverter, tools, scales, printer cartridge & extension cord – 03 -042727 – for use within the police department 5. Laptop case – 03 -042727 – for use as decoy in theft investigations 6. Sca le – 00 -275171 – for use within the police department 7. Airsoft gun & holster – 07 -011349/01 -146815 – for use as training aid within the police department 8. Car battery – 09 -245486 – for use within the police department All related cour t and investigative m at ters have been completed . Staff has complied with all statuary obligation s to notify all c oncerned parties and received no communications related to any of these case s or the related property. RECOMMENDATION Authorize the Police Department to convert t he above listed property from seized property to city owned property. CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek , Director of Finance MEETING DATE June 24, 2013 TOPIC Consideration of Resolution 13 -78 Awarding Sale of Taxable General Obligation Improvement Bonds, Series 201 3 A VOTE REQUIRED Simple Majori ty INTRODUCTION The City has awarde d a bid to construct the extension of Otter Lake Road north of CSAH 14 . Th is project require s debt financing to fund the construction of the improvements. BACKGROUND O n May 28, 2013 , the City Council approved Resol ution No. 13 -68 authorizing the issuance of approximately $615 ,000 Taxable G.O. Improvement Bonds , Series 2013 A. The purpose of the bonds is to finance the extension of Otter Lake Road north of CSAH 14 as noted above . The bond issue would have a 10 -yea r term and w ill be repaid through special assessments levied against benefitted parcels . The City has since issued its Official Statement and advertised for bids for this issue. Bids were received earlier today by the City’s financial advisors, Springst ed, Inc. Terri Heaton of Springsted, Inc. is here tonight to present the results of the bidding process. The exact amount of the bonds to be sold will be determined pending the outcome of the bids. RECOMMENDATION Following Ms Heaton’s presentation, sta ff recommend s that the City Council adopt Resolution No. 13 -78 Awarding the Sale of Taxable General Obligation Improvement Bonds, Series 201 3 A. ATTACHMENTS Resolution 13 -78 . 426203v1 SJB LN140 -110 2 RESOLUTION NO. 13 -78 A RESOLUTION AWARDING THE SALE OF TAXABLE GENERAL OBLIGATION IMPROVEMENT BOND S, SERIES 2013A , IN THE ORIGINAL AGGREGATE PRINCIPAL A MOUNT OF $_______; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes , Anoka County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds . 1.01. Authorization . Pursuant to a resolution adopted by the City Council of the City on May 28 , 2013 , the City provided preliminary approval to issue and sell its Taxable General Obligation Improvement Bonds, Series 2013A (the “Bonds”), pursuant to the home rule charter of the City (the “City Charter”) and Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”), in order to finance the certain assessable public improvements designated as the Otter Lake Road Extension (the “Improv ements”). 1.0 2 . Award to the Purchaser and Interest Rates . The proposal of _______________ (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposa l being to purchase the Bonds at a price of $__________ (par amount of $_______, [plus original issue premium of $________,] [less original issue discount of $________,] less underwriter’s discount of $________), plus accrued interest to date of delivery, for Bonds bearing interest as follows : Year Interest Rate Year Interest Rate 2015 % 2020 % 2016 2021 2017 2022 2018 2023 2019 2024 1.0 3 . Purchase Contract . The sum of $________, being the amount proposed by the P urchaser in excess of $_________, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City’s financial advisor. The Finance Director is directed to deposit the good faith check or deposit of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith deposits of the unsuccessful proposers. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.0 4 . Terms and Principal Amounts of the Bonds . The City will forthwith issue and sell the Bonds pursuant to the City Charter and the Act in the total principal amount of $_______, origina lly dated as of July 15 , 2013 , in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: 426203v1 SJB LN140 -110 3 Year Amount Year Amount 2015 $ 2020 $ 2016 2021 2017 2022 2018 2023 2019 2024 1.0 5 . Optional Redemption . The Bonds are not subject to optional redemption prior to maturity. [1.0 6 . Term Bonds; Mandatory Redemption . To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment . 2.01. Registered Form . The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates . Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authenti cation is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2014 , to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration . The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register . The Registrar must keep at its principal corporate trust office a bond register in which the Regist rar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds . Upon surrender for transfer of a Bond duly endorsed by the regi stered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authentic ate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds . When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or m ore new Bonds of a like aggregate 426203v1 SJB LN140 -110 4 principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation . Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and there after disposed of as directed by the City. (e) Improper or Unauthorized Transfer . When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners . The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on ac count of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum o r sums so paid. (g) Taxes, Fees and Charges . The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respe ct to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds . If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitut ion for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destr oyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and a mount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar . The City appoints U .S . Bank Na tional Association, St. Paul, Minnesota as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Reg istrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to th e successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the pay ment of all principal and interest then due. 2.05. Execution, Authentication and Delivery . The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City 426203v1 SJB LN140 -110 5 Administra tor, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that si gnature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any se curity or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need no t be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. T emporary Bonds . The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one matur ity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond . 3.01. Execution of Bonds . The Bonds will be printed or typewritten in substanti ally the form attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion . The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be c omplete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants . 4.01. Debt Service Fund . The Bonds are payable from the Taxable General Obligation Improvement Bond s, Series 2013A Debt Service Fund (the “Debt Service Fund”) hereby created , and the proceeds of special assessments levied or to be levied (the “Assessments”) for the Improvements described in Section 1.01 together with taxes levied under Section 4.04 here of (the “Taxes”) are hereby pledged to the Debt Service Fund . If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay the principal or intere st from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected . There is hereby appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any; (i i ) any amount over the minimum purchase price of the Bonds paid by the Purchaser , to the extent deposited therein, in accordance with Section 1.03; and (ii i ) the accrued interest paid by the Purchaser upon cl osing and delivery of the B onds . 4.02. Construction Fund . The proceeds of the Bonds, less the appropriations made in Section 4.01 , together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements , will be deposited in a separate construction fund (the “Construction Fund ”) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement s . A ny balance remaining in the C onstruction F und after completion of the Improvements 426203v1 SJB LN140 -110 6 may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council . When the Improvements are complet ed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.0 3 . City Covenants . It is hereby determined that the Improvement s will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 201 4 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actio ns that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds nee ded to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes , the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least 20% of t he cost of the assessable Improvements described herein will be specially assessed against benefited properties. 4.0 4 . Pledge of Tax Levy . For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealab le ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The T axes will be credited to the Debt Service Fund above provided and will be in th e years and amounts attached hereto as EXHIBIT C. 4.0 5 . Certification to Manager of Property Records and Taxation as to Debt Service Fund Amount . It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax l evies the Finance Director may certify to the Manager of Property Records and Taxation of Anoka County , Minnesota (the “Manager of Property Records and Taxation”) the amount available in the Debt Service Fund to pay principal and interest due during the en suing year, and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 4.0 6 . Certificate of Manager of Property Records and Taxation as to Registration . The City Administrator is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation and to obtain the certificate required by Section 475.63 of the Act . 426203v1 SJB LN140 -110 7 Section 5. Authentication of Transcript . 5.01. City Proceedin gs and Records . The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condi tion and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and ma rketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement . The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate repres entation of the facts and representations made therein as of the date of the Official Statement. Section 6 . Book -Entry System; Limited Obligation of City . 6 .01. DTC . The Bonds will be initially issued in the form of a separate single typewritten or pr inted fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Dep ository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 6 .02. Participants . With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered ow ner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of an y amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the h older and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all pr incipal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge t he City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & C o.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 426203v1 SJB LN140 -110 8 6 .03. Representation Letter . The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appoin ted by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 6 .04. Trans fers Outside Book -Entry System . In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notif y DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the p rovisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6 .05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 7 . Continuing Disclosure . 7 .01. Execution of Continuing Disclosur e Certificate . “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 7 .02. City Compliance with Provisions of Continuing Disclosure Certificate . The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Discl osure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take suc h actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 8 . Defeasance . When all Bonds and all interest thereon have bee n discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the prin cipal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond shou ld not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 426203v1 SJB LN140 -110 9 The motion for the adoption of the foregoing resolution was d uly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 426203v1 SJB LN140 -110 A -1 EXHIBIT A PROPOSALS 426203v1 SJB LN140 -110 B -1 EXHIBIT B FORM OF BOND No. R -_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES TAXABLE GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2013A Rate Maturity Date of Original Issue CUSIP % February 1, 20__ July 15 , 2013 Registered Owner: Cede & Co. The City of Lino Lakes , Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the “City”), acknowledges itself to be indebted and for value rece ived promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $_______ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and Au gust 1 in each year, commencing February 1, 2014 , to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentat ion and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U .S . Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, o r its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevoca bly pledged. This Bond is not subject to redemption prior to maturity. This Bond is one of an issue in the aggregate principal amount of $_______ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issue d pursuant to a resolution adopted by the City Council on June 24 , 2013 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and ad valorem taxes , as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes , which additional taxes may be levied without limitation as to rate or am ount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. 426203v1 SJB LN140 -110 B -2 As provided in the Resolution and subject to certain limitations set forth therein, this Bond is t ransferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satis factory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with re spect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all ot her purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Co nstitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have bee n done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid o r obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHERE OF, the City of Lino Lakes , Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set fo rth below. Dated: July 15 , 2013 CITY OF LINO LAKES , MINNESOTA (Facsimile) (Facsimile) Mayor City Administrator _________________________________ 426203v1 SJB LN140 -110 B -3 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution men tioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative _________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they w ere written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value re ceived, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in e very particular, without alteration or any change whatever. 426203v1 SJB LN140 -110 B -4 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Me dallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee ________________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond ha s been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13 -2555119 426203v1 SJB LN140 -110 EXHIBIT C TAX LEVY SCHEDULE YEAR * TAX LEVY 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 * Year tax levy collected. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: June 24 , 201 3 TOPIC: Resolution No. 13 -7 7 , Approving the Renewal of Liquor License for Hammerheart, LLC VOTE REQUIRED: 3/5 BACKGROUND Al l liquor licenses in the City of Lino Lakes expire on June 30, 2013 . 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. The license requires additional approval by the Minnesota Department of Public Safety Alcohol and Gambling Division and will be forwarded to the state if local approval is granted. Under city policy, applicant applying for license renewal is required to undergo a background investigation each year. The Lino Lakes Police Department performed a background investigation. All backgrounds for Hammerheart, LLC were clear for renewal. The License is 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 Resolution 1 3 -7 7 approving renewal of liquor license for Hammerheart, LLC for the period of July 1, 2013 through June 30, 2014 . ATTACHMENTS Resolution 13-7 7 CITY OF LINO LAKES RESOLUTION NO. 1 3 -7 7 Approving the Renewal of Liquor License for Hammerheart, LLC 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, comme ncing 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 applicat ion that ha s been submit ted and verified that local licensing regulations are met; WHER AS , the Lino Lakes Police Department has conducted the required background investigation for the license renewal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lak es hereby approves the renewal of liquor license for Hammerheart, LLC , with said approval contingent upon applicant meeting all city and state requirements for said licenses . Adopted by the Council o f the City of Lino Lakes this 24 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 foll owing voted in favor thereof: The following voted against same: ________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6A STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: June 24, 2013 TOPIC: Consider Resolution No . 13 -75 , A pproving Declaration of Access Control for Main Street Shop p es VOTE REQUIRED: 3/5 INTRODUCTION St aff is requesting City Council c onsideration of the Declaration of Access Control for Main Street Shoppes. BACKGROUND The City Council approved the Final Plat for Main Street Shoppes on May 13 , 2013 with Resolution No. 13 -59 subject to the condition a D eclaration of Access Control is executed by and between the develo per and City. The City Attorney has prepared the Declaration of Access Control which states the private access drivewa y to the development will h ave full access to Otter Lake Road upon comp letion, but such full access must be reduced to right -in, right -out access upon further ex tension of the Otter Lake Road. RECOMMENDATION Staff is recomme nding approval of Resolution No. 13 -75 . ATTACHMENTS 1. Resolution No. 13 -75 2. Declaration of Access Cont rol 3. Final Plat -Main Street Shoppes CITY OF LINO LAKES RESOLUTION NO. 13 -75 RESOLUTION APPROVING DECLARATION OF ACCESS CONTROL FOR MAIN STREET SHOPPES WHEREAS , the City’s Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes required, as a condition of a pproval, a Declaration of Access Control. NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes hereby approves the Declaration of Access Control between CM Properties 14, LLC and the City of Lino Lakes, for Main Street Shoppes and a uthorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council o f the City of Lino Lakes this ______________ day of _____, 2013 . The motion for the adoption of the foregoing resolution was introduced by Counc il 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 [Reserved for recording data.] DECLARATION OF ACCESS CONTROL Main Street Shoppes THIS AGREEMENT made this ____ day of _______, 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 CM Properties 14, LLC whose address is 3470 Washington Drive, Suite 102, Eagan, MN 55122 hereinafter referred to as the “Developer .” WHEREAS, the Developer has received preliminary and final plat approval from the City Council for a plat of land within the corporate limits of the City known as Main Street Shoppes hereinafter called “Subdivision ,” said land is legally described as fol lows: The West Half of the Northeast Quarter of the Northeast Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, including Parcels 4B and 5A of Anoka County Highway Right of Way Plat No. 65, subject to easements of record. WHEREAS, an a pproximately 365 foot extension of Otter Lake Road north of Main Street (County State Aid Highway 14) is currently under construction (the “Initial Extension”); and WHEREAS, the Improvements within the Subdivision include the construction of a private acce ss driveway off of the Initial Extension , as said private access driveway is described in the Development Contract between the City and the Developer and the plans referenced therein; and WHEREAS, the private access driveway will have full access to the In itial Extension upon completion , but such full access must be reduced to right -in , right -out access upon further 2 extension of the Otter Lake Road , in accordance with the City’s Transportation Plan and Anoka County’s Access Management Guidelines; and WHEREA S, the City’s Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes required, as a condition of approval, this Declaration of Access Control. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is ag reed by and between the Parties as follows: 1. Upon completion of the I nitial E xtension north of Main Street, the Developer shall have full access to Otter Lake Road to and from the private access driveway located on the northern boundary of Lot 1, Block 1 of the Subdivision. No other access points to or from Otter Lake Road shall be constructed without written approval from the City. 2. Developer acknowledges and agrees that the full access described in Paragraph 1 shall be restricted to right -in, right -out acc ess upon completion of an additional extension of Otter Lake Road northward to a point where such extension includes a full access intersection . Said intersection shall be south of the northerly boundary of the Subdivision At such time, full access to Ot ter Lake Road from the Subdivision shall occur only at the new intersection as approved by the City. 3. The cost of signage limiting the private access driveway to right -in, right -out shall be paid by the Developer at the time the signage is installed. CM PRO PERTIES 14, LLC CITY OF LINO LAKES By By Chief Manager 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 P ublic 3 STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this _____ day 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 acknowledge d that they /he executed the same on behalf of said corporation . Notary P ublic This instrument drafted by: Ratwik, Roszak & Maloney, P.A. 730 2 nd Ave. S., Suite 300 Minneapolis, MN 55402 (612) 339 -0060 JJL CITY COUNCIL AGENDA ITEM 6B STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: June 24 , 2013 TOPIC: Consider Resolution No. 13 -76 Approving the Preliminary Plat for Alino Addition VOTE REQUIRED: 3/5 INTRODUCTION Staff is requestin g City Council c onsideration of the Preliminary Plat for Alino Addition . Complete Application Date: April 8, 2013 120 -Day Review Deadline: August 6, 2013 Environmental Board Meeting: April 24, 2013 Planning & Zoning Board Meeting: May 8, 2013 City Co uncil Meeting: June 24 , 2013 BACKGROUND The applicant has submitted a preliminary plat for review. The plat is a commercial subdivision consisting of Lot 1, Block 1 and Outlot A, Alino Addition. Area Summary per Preliminary Plat Parcel Upland (acres) Wetland (acres) Total (acres)* ROW (21 st Ave N) 0.89 0.16 1.05 Lot 1, Block 1 5.00 0.47 5.47 Outlot A 13.04 1.38 14.42 TOTAL 18.93 2.01 20.94 *Area for ROW and Outlot A shall be revised to reflect additional ROW width. The subject site is located i n the northwest quadrant of the I -35E and Main Street corridor and consists of 20.94 gross acres. A site plan for a Metro Transit Park and Ride facility has been submitted with the subdivision proposal and will be reviewed by staff as a separate applicati on. The proposed development requires 21 st Avenue N be extended to the north property line. Per the City’s Transportation Plan, the 21 st Avenue N extension is classified a s a minor collector. This road will ser ve as the main north -south route running p arallel between I -35E and CSAH 54 and is critical to the development of this corridor. Future construction of 21 st Avenue N shall extend north and connect to C S AH 54 just south of 80 th Street E. 21 st Avenue N shall be extended the full length of the prope rty. A private drive will provide access to the proposed Metro Transit Park and Ride facility on Lot 1, Block 1 . Future development o f Outlot A will require a full access intersection at this private drive. A right in/right out may be allowed south of t his intersection upon development. Transportation includes all multi -modal systems which accommodate pedestrians, bicycles, roadways and transit. The Park, Greenway & Trail System Plan identifies the need for a proposed north -south City trail which will be installed with the extension of 21 st Avenue N. The owner has indica ted their intent to request a Petition and Waiver Agreement for public improvements. Petition and Waiver Agreements will be required by all benefitting property owners. A Joint Powers Agreement with the City of Centerville for construction and maintenance of 21 st Avenue N and public utilities will also be required. Planning & Zoning Board Contingent upon 21 st Avenue N being extended, t he proposed preliminary plat meets the requiremen ts of the comprehensive plan, subdivision and zoning ordinance. The Planning & Zoning Board held a public hearing on May 8, 2013 and made recommendation to the City Council to approve the preliminary plat with conditions. RECOMMENDATION Staff is recomme nding approval of the following item with conditions : 1. Resolution No. 13 -76 Approving the Preliminary Plat for Alino Addition ATTACHMENTS 1. Resolution No. 13 -76 2. Preliminary Plat for Alino Addition 3. ALTA Survey for Metro Transit CITY OF LINO LAKES RESOLUTION NO. 13 -76 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR ALINO ADDITION WHEREAS , the City has received an application for preliminary plat approval for Alino Addition ; and WHEREAS , City staff has completed a review of the p roposed preliminary plat based on the following plans and information: • Preliminary Plat -Alino Addition received by the City on June 13 , 2013 ; and • ALTA Survey -Metro Transit received by the City on June 13, 2013. WHEREAS, a public hearing was held before t he Planning & Zoning Board on May 8 , 2013 and the Board recommended approval of the preliminary plat application; and WHEREAS, the proposed preliminary plat meets the requirements of the City’s Zoning and Subdivision Ordinances ; NOW, THEREFORE BE IT RESO LVED by The City Council of T he City of Lino Lakes hereby approves the preliminary plat of Alino Addition , subject to the following conditions for final plat : 1. A ll comments from City Engineer l etter s dated May 3, 2013 and June 19, 2013 shall be addressed. 2. Pr eliminary Plat shall be revised and resubmitted with Final Plat application: a. Lot 2 under Property Description shall be revised to Outlot A. b. Area of Street Dedication and Outlot A shall be recalculated to reflect actual ROW dedication. c. Access Control shal l be dedicated to Anoka County the full width of Outlot A along CSAH 14. 3. Final Plat approval shall be contingent upon: a. Land Use Application and fee submitted to City. b. Joint Powers Agreement with the City of Centerville for construction and maintenance of 2 1 st Avenue N and public utilities shall be required. c. 21 st Avenue N shall be extended the full length of the property from CSAH 14 to the northern boundary. d. A Petition and Waiver Agreement regarding public improvement construction and assessments shall be d rafted by the City and signed by the owner or a Development Contract regarding public road and utility improvements shall be drafted by the City and signed by the owner. e. Owner s hall dedicate to the City at no cost the necessary right of way and drainage an d utility easements needed to complete the proposed public street, utility and storm water improvements no t shown on the preliminary plat. f. A Declaration of Access Control for future right in/right out access shall be drafted by t he City and signed by the o wner. g. A Reciprocal Access Easement and Maintenance Agreement shall be drafted by the owner and approved by 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 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 C.S.A.H. 14 I N T E R S T A T E 3 5 E SITE LOCATION MAP SEC. 24, T. 31, R. 22 S E 1 /4 S W 1 /4 N E 1 /4 N W 1 /4 200 0 100 scale in feet HH BEARINGS SHOWN ARE BASED ON ANOKA COUNTY PROJECT SYSTEM, NAD ’83 (1996 ADJ.) ONE FOOT CONTOUR INTERVAL VERTICAL DATUM: NAVD88 LEGEND Date License # Print Name: the laws of the State of Minnesota. and that I am a duly Licensed Land Surveyor under was prepared by me or under my direct supervision I hereby certify that this plan, survey, or report DEAN DUSHECK 16679 4/09/2012 LOT 1 B L O C K 2 1 S T A V E . N . 4 3 6 . 9 0 1 9 .9 0 N 5 5 5 0 ’4 5 "E 5 5 N 0 8 0 6 ’ 2 7 " W 9 5 . 8 0 N 6 6 0 6 ’ 0 6 " W 4 3 7 . 9 4 HYDRANT SIGNAL POLE HAND HOLE POWER POLE MANHOLE LIGHT POLE GATE VALVE CATCH BASIN APRON TREE LINE WETLAND PROPOSED DRAINAGE AND UTILITY EASEMENT B r u s h / S c a t t e r e d T r e e s B r u s h 33 40 (V a r i a b l e W i d t h R /W ) PROPERTY DESCRIPTION That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of Northwest Quarter; thence on an assumed bearing of South 89 degrees 51 minutes 17 seconds West along the north line of said Northeast Quarter of Northwest Quarter 170.50 feet to the point of beginning; thence South 10 degrees 55 minutes 34 seconds West 263.89 feet; thence southerly along a non-tangential curve, concave to the west having a central angle of 11 degrees 44 minutes 30 seconds, a radius of 1057.92 feet and an acr distance of 216.80 feet, the chord of said curve bears South 16 degrees 36 minutes 43 seconds West; thence South 22 degrees 28 minutes 58 seconds West and not tanget to last described curve 856.53 feet; thence South 89 degrees 17 minutes 02 seconds West 719.63 feet to the west line of said Northeast Quarter of Northwest Quarter; thence North 00 degrees 32 minutes 11 seconds East along said west line 1264.07 feet to the northwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 51 minutes 17 seconds East along said north line of Northeast Quarter of Northwest Quarter 1147.18 feet to the point of beginning. EXCEPT Parcels 9A and 9B, ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 75, according to the recorded plat thereof. 2 1 S T A V E . N Defined As Significant Tree Stand) (Less Than 12 Ft. In Height Or Various Height Pine Trees Adjacent Zoning: Rural Business Reserve (R-BR) Adjacent Zoning: GENERAL BUSINESS (GB) C I T Y O F C E N T E R V I L L E NOTES: PROPOSED LOT AREAS: LOT 1 - 238,372 SQ. FT. (5.47 AC.) TOTAL 217,875 SQ. FT. (5.00 AC.) UPLAND 20,497 SQ. FT. (0.47 AC.) WETLAND LOT 2 - 628,102 SQ. FT. (14.42 AC.) TOTAL 567,988 SQ. FT. (13.04 AC.) UPLAND 60,114 SQ. FT. (1.38 AC.) WETLAND STREET DEDICATION - 45,640 SQ. FT. (1.05 AC.) TOTAL 38,735 SQ. FT. (0.89 AC.) UPLAND 6,905 SQ. FT. (0.16 AC.) WETLAND TOTAL - 912114 SQ. FT. (20.94 AC.) PLANNING DISTRICT 3 - COMMERCIAL PROPERTY IS ZONED GB-GENERAL BUSINESS PER CITY OF LINO LAKES ZONING DISTRICT MAP DATED JANUARY 2010. BUILDING SETBACK FOR GENERAL BUSINESS; FROM STREETS: PRINCIPAL BUILDING-LOCAL STREET: 30 FT. PRINCIPAL BUILDING-COLLECTOR/ARTERIAL STREET: 40 FT. PARKING LOT: 15 FT. REAR YARD: PRINCIPAL BUILDING: 30 FT. ACCESSORY BUILDING: 10 FT. PARKING LOT/DRIVEWAY: 10 FT. SIDE YARD: PRINCIPAL BUILDING: 30 FT. ACCESSORY BUILDING: 10 FT. PARKING LOT/DRIVEWAY: 10 FT. FROM RESIDENTIAL DISTRICT: 35 FT. BETWEEN PRINCIPAL BUILDINGS: NOT LESS THAN ONE-HALF THE SUM OF THE BUILDING HEIGHTS OF THE TWO BUILDINGS. FEE OWNER: RICHARD J. SCHREIER (DOC. NO. 1147446) CONTRACT FOR DEED: ALINO, LLC P.I.N.: 24-31-22-21-0001 WETLAND DELINEATION WAS FIELD LOCATED ON APRIL 17, 2012 AND HAS BEEN APPROVED BY RICE CREEK WATERSHED DISTRICT. AREA OF DELINEATED WETLAND IN PLAT - 87516 SQ. FT. (2.01 AC.) WETLANDS ARE NOT LISTED ON THE DNR PUBLIC WATERS INVENTORY AND DO NOT HAVE A PUBLISHED ORDINARY HIGH WATER LEVEL. PREPARED BY: SRF CONSULTING GROUP, INC. ONE CARLSON PARKWAY MINNEAPOLIS, MN 55447 763-475-0010 PREPARED FOR:METRO TRANSIT ENGINEERING 560 SIXTH AVENUE NORTH MINNEAPOLIS, MN 55411 612-349-7770 Additional Notes Added 04/16/2013 Proposed D&U Easements Added 02/26/2013 N 2 8 0 2 ’2 8 "E 1 3 6 N 4 7 2 3 ’2 3 "E N 6 5 0 4 ’5 8 "E 4 1 5 10 1 1 4 .0 2 167.11 8 3 .9 5 4 0 10 5 PRELIMINARY PLAT ALINO ADDITION 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 910 910 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 5 9 1 5 9 1 5 9 1 5 9 1 5 9 2 0 9 2 0 9 2 0 920 9 2 5 9 2 5 HH HH HH HH HH HH HH DI SOUTH LINE OF THE NE1/4 OF THE NW1/4 OF SEC. 24, T. 31, R. 22 E A S T L I N E O F T H E N E 1 / 4 O F T H E N W 1 / 4 O F S E C . 2 4 , T . 3 1 , R . 2 2 S E C . 2 4 , T . 3 1 , R . 2 2 N E 1 /4 O F T H E N W 1 /4 S U R V E Y N O . 1 9 5 R E G I S T E R E D L A N D INDUSTRIAL PARK CLEARWATER CREEK BUSINESS CENTER I N T E R S T A T E H I G H W A Y N O . 3 5 E M A I N S T R E E T C .S .A .H . N O . 1 4 A N O K A C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 6 7 A N O K A C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 7 5 S E C . 2 4 , T . 3 1 , R . 2 2 N W 1 / 4 O F T H E N W 1 / 4 SEC. 13, T. 31, R. 22 SE1/4 OF THE SW1/4 N 8 8 5 7 ’2 7 " E 1 1 4 2 .2 2 N 0 2 1 ’ 3 5 " W 1 1 2 7 . 3 7 S 8 8 5 0 ’3 7 " W 4 6 0 .1 2 C . B R G .= S 2 7 2 2 ’5 9 " W = 2 2 4 4 ’1 0 " R = 8 9 4 .9 3 L = 3 5 5 .1 3 C . B R G .= S 1 9 1 1 ’4 4 " W = 3 9 0 6 ’3 9 " R = 5 4 0 .7 4 L = 3 6 9 .1 1 33.62 S 8850’37’ W 25.00 N 5114’56" W 55.00 N 5114’56" W S 3 8 4 5 ’0 4 " W 4 4 2 .1 9 1 9 4 . 8 2 S 0 2 1 ’ 3 5 " E RIGHT OF WAY PLAT NO. 75 PER ANOKA COUNTY HIGHWAY EXISTING ACCESS CONTROL W E S T L I N E O F T H E N E 1 / 4 O F T H E N W 1 / 4 O F S E C . 2 4 , T . 3 1 , R . 2 2 N O R T H L I N E O F T H E N E 1 /4 O F T H E N W 1 /4 O F S E C . 2 4 , T . 3 1 , R . 2 2 RIGHT OF WAY PLAT NO. 75 PER ANOKA COUNTY HIGHWAY EXISTING PERMANENT EASEMENT P A R C E L 9 B S 8938’25" W 360.00 6 6 4 . 2 9 N 0 0 2 1 ’ 3 5 " W 6 6 0 . 0 0 742.19 4 0 . 0 0 5 6 2 . 6 2 60 435.07 170.50 S 3 8 4 5 ’0 4 " W 8 2 .0 4 2 6 3 .8 9 (C .B R G .=S 1 6 3 6 ’4 3 " W D E S C .) C .B R G =S 1 5 4 2 ’5 3 "W =1 1 4 4 ’3 0 " R =1 0 5 7 .9 2 L =2 1 6 .8 0 1 1 4 6 .3 4 (N 8 9 5 1 ’1 7 " E 1 1 4 7 .1 8 D E S C .) 7 1 9 .4 5 (7 1 9 .6 3 D E S C .) S 8823’12" W (S 8 9 1 7 ’0 2 " W D E S C .)PARCEL 9A LOT 1 B L O C K O N E (S 1 0 5 5 ’3 4 " W D E S C .) S 1 0 0 1 ’4 4 " W 360.03 1 2 5 8 . 9 8 ( N 0 3 2 ’ 1 1 " E 1 2 6 4 . 0 7 D e s c . ) NE CORNER OF NE1/4 OF NW1/4 OF SEC. 24, T. 31, R. 22 E X C E P T I O N 95.59 N 0109’23" W (S 2 2 2 8 ’5 8 " W D E S C .) S 2 1 3 5 ’0 8 3 5 " W 8 5 6 .5 3 2 5 .0 5 340.00 2 0 .0 0 OUTLOT A C.S.A.H. 14 I N T E R S T A T E 3 5 E SITE LOCATION MAP SEC. 24, T. 31, R. 22 S E 1 /4 S W 1 /4 N E 1 /4 N W 1 /4 200 0 100 scale in feet BEARINGS SHOWN ARE BASED ON ANOKA COUNTY PROJECT SYSTEM, NAD ’83 (1996 ADJ.) PROPERTY DESCRIPTION ONE FOOT CONTOUR INTERVAL VERTICAL DATUM: NAVD88 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 0 5 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 910 910 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 0 9 1 5 9 1 5 9 1 5 9 1 5 9 1 5 9 2 0 9 2 0 9 2 0 920 9 2 5 9 2 5 HH HH HH HH HH HH HH DI SOUTH LINE OF THE NE1/4 OF THE NW1/4 OF SEC. 24, T. 31, R. 22 E A S T L I N E O F T H E N E 1 / 4 O F T H E N W 1 / 4 O F S E C . 2 4 , T . 3 1 , R . 2 2 S E C . 2 4 , T . 3 1 , R . 2 2 N E 1 /4 O F T H E N W 1 /4 S U R V E Y N O . 1 9 5 R E G I S T E R E D L A N D INDUSTRIAL PARK CLEARWATER CREEK BUSINESS CENTER I N T E R S T A T E H I G H W A Y N O . 3 5 E M A I N S T R E E T C .S .A .H . N O . 1 4 A N O K A C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 6 7 A N O K A C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 7 5 S E C . 2 4 , T . 3 1 , R . 2 2 N W 1 / 4 O F T H E N W 1 / 4 SEC. 13, T. 31, R. 22 SE1/4 OF THE SW1/4 S 8 8 5 7 ’2 7 " W 1 1 4 2 .2 2 N 0 2 1 ’ 3 5 " W 1 1 2 7 . 3 7 S 8 8 5 0 ’3 7 " W 4 6 0 .1 2 C . B R G .= S 2 7 2 2 ’5 9 " W = 2 2 4 4 ’1 0 " R = 8 9 4 .9 3 L = 3 5 5 .1 3 C . B R G .= S 1 9 1 1 ’4 4 " W = 3 9 0 6 ’3 9 " R = 5 4 0 .7 4 L = 3 6 9 .1 1 33.62 S 8850’37’ W 25.00 N 5114’56" W 55.00 N 5114’56" W S 3 8 4 5 ’0 4 " W 4 4 2 .1 9 1 9 4 . 8 2 S 0 2 1 ’ 3 5 " E RIGHT OF WAY PLAT NO. 75 PER ANOKA COUNTY HIGHWAY EXISTING ACCESS CONTROL W E S T L I N E O F T H E N E 1 / 4 O F T H E N W 1 / 4 O F S E C . 2 4 , T . 3 1 , R . 2 2 N O R T H L I N E O F T H E N E 1 /4 O F T H E N W 1 /4 O F S E C . 2 4 , T . 3 1 , R . 2 2 RIGHT OF WAY PLAT NO. 75 PER ANOKA COUNTY HIGHWAY EXISTING PERMANENT EASEMENT P A R C E L 9 B N 8938’25" E 360.00 6 6 4 . 2 9 N 0 0 2 1 ’ 3 5 " W 742.19 4 0 . 0 0 5 6 2 . 6 2 C I T Y O F C E N T E R V I L L E S 3 8 4 5 ’0 4 " W 8 2 .0 4 PARCEL 9A 360.03 NE CORNER OF NE1/4 OF NW1/4 OF SEC. 24, T. 31, R. 22 95.59 N 0109’23" W FOR: METRO TRANSIT ALTA SURVEY O N E LOT 1 PROPOSED That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the northeast corner of the West 40.00 feet of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 21 minutes 35 seconds East, assumed bearing, along the east line of said West 40.00 feet a distance of 660.00 feet; thence North 89 degrees 38 minutes 25 seconds East a distance of 360.00 feet; thence North 00 degrees 21 minutes 35 seconds West a distance of 664.29 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 88 degrees 57 minutes 27 seconds West, along said north line, a distance of 360.03 feet to the point of beginning. Said parcel to be known as Lot 1, Block 1, ALINO ADDITION, Anoka County, Minnesota. LEGEND B L O C K P R O P O S E D P R O P O S E D 2 1 S T A V E . N . O F T H E N W 1 /4 O F S E C . 2 4 , T . 3 1 , R . 2 2 N E C O R N E R O F E 4 0 F T O F T H E N E 1 /4 S 0 0 2 1 ’ 3 5 " E 6 6 0 . 0 0 1 9 .9 0 N 5 5 5 0 ’4 5 "E 5 5 N 0 8 0 6 ’ 2 7 " W 9 5 . 8 0 N 6 6 0 6 ’ 0 6 " W 4 3 7 . 9 4 4 3 6 . 9 0 Proposed D&U Easement Added 02/26/2013 DATE: FEBRUARY 21, 2013 LICENSE NO. 16679 ________________________________________________ DEAN DUSHECK AND 11A OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON APRIL 13, 2012. SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 4, 5, 6B, 8 ACCORDANCE WITH THE 2011 MINIMUM STANDARD DETAIL REQUIREMENT FOR ALTA/ACSM LAND TITLE THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN TO METRO TRANSIT AND ALINO, LLC : NOTES: PARCEL AREA: 238372 SQ. FT. (5.47 AC.) PROPERTY IS ZONED GB-GENERAL BUSINESS PER CITY OF LINO LAKES ZONING DISTRICT MAP DATED JANUARY 2010. BUILDING SETBACK FOR GENERAL BUSINESS; FROM STREETS: PRINCIPAL BUILDING-LOCAL STREET: 30 FT. PRINCIPAL BUILDING-COLLECTOR/ARTERIAL STREET: 40 FT. PARKING LOT: 15 FT. REAR YARD: PRINCIPAL BUILDING: 30 FT. ACCESSORY BUILDING: 10 FT. PARKING LOT/DRIVEWAY: 10 FT. SIDE YARD: PRINCIPAL BUILDING: 30 FT. ACCESSORY BUILDING: 10 FT. PARKING LOT/DRIVEWAY: 10 FT. FROM RESIDENTIAL DISTRICT: 35 FT. BETWEEN PRINCIPAL BUILDINGS: NOT LESS THAN ONE-HALF THE SUM OF THE BUILDING HEIGHTS OF THE TWO BUILDINGS. NO TITLE COMMITMENT PROVIDED FEE OWNER: RICHARD J. SCHREIER (DOC. NO. 1147446) CONTRACT FOR DEED: ALINO, LLC P.I.N.: PART OF 24-31-22-21-0001 DATE OF TOPOGRAPHY: APRIL 13, 2012 WELAND DELINEATION WAS FIELD LOCATED ON APRIL 17, 2012 AND HAS BEEN APPROVED BY RICE CREEK WATERSHED DISTRICT. PREPARED BY: SRF CONSULTING GROUP, INC. ONE CARLSON PARKWAY MINNEAPOLIS, MN 55447 Addition To Certification 05/16//2013 OUTLOT A PROPOSED IRON MONUMENT SET HYDRANT SIGNAL POLE HAND HOLE POWER POLE MANHOLE LIGHT POLE GATE VALVE CATCH BASIN APRON TREE LINE WETLAND STORM SEWER WATER MAIN BURIED SIGNAL WIRE BURIED POWER OVERHEAD POWER SANITARY SEWER PROPOSED DRAINAGE & UTILITY EASEMENT PROPOSED INGRESS & EGRESS EASEMENT HH Proposed Ingress & Egress Easement Added 05/16/2013 10 10 1 1 4 .0 2 167.11 4 0 60 435.07 2 5 .0 5 340.00 2 0 .0 0 5 8 3 .9 5 5 4 1 N 6 5 0 4 ’5 8 "E N 4 7 2 3 ’2 3 "E 1 3 6 N 2 8 0 2 ’2 8 "E CITY COUNCIL AGENDA ITEM 6 C STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : June 24 , 20 13 TOPIC : Consider Resolution No. 13 -79, Approve Plans and Specifications and Authorize Advertisement for Bids, 2013 Overlay Project VOTE REQUIRE D : 3/5 Vote Required 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 milling and overlaying . On March 25, 2013 the City Council authorized the preparation of plans and specifications for the 2013 Overlay Project . Candidate streets were selected based on recommendations from the Pavement Management Report, Public Works input, and feasibility of locations. The original project scope presented to the City Council on March 25 , 2013 included Marvy Street, Jon Avenue , Rice Lake Lane, Rice Lake Drive, Rice Lake Court, and Ulmer Drive . Overlaying is typically a maintenance activity that includes patching of the existing street, followed by the pla cement of a bituminous wearing course of the entire surface. As part of the design of the i mprovements , pavement corings were perf ormed on the existing streets . It was discovered that there is an inadequate amount of existing pavement to perform a tradit ion al mill and overlay on some of the streets . This project will therefore require the complete reclamation of the existing bituminous in place and 3 -1/2 inches of new bitum inous on Rice Lake Lane, Rice Lake Court and Jon Avenue . The remaining streets, R ice Lake Drive, Ulmer Drive, and Marvy Street will be edge milled and 1 -1/2 inches of new bituminous will be installed. The City’s budget for 2013 Pave ment Management Projects is $490,00 0. This year’s projects breakdown as follows: 2013 Mill & Overlay Projec t (including e ngineering) $166,500 2013 Reclamation Project (including engineering) $270,800 2013 Sealcoating (i nc luding engineering & striping) $ 65,000 Total Cost $502,300 Due to the fact that this year’s sealcoating project is smal ler than previous years and is well below the $100,000 threshold required for public bidding, we will be requesting quotes for the sealcoating and bring them back to the City Council for approval. We will also bring back separate quotes for the striping. Similar to last year, we have purposely exceeded our budget with this year’s project knowing that actually project costs typically come in a little lower than estimated. However, we want to utilize as much of the budget as possible each year to maximize the amount of street maintenance we are completing. 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 June 24, 2013 City Council Author izes Ad for Bids June 24, 2013 Open Bids July 17, 2013 City Coun c il Awards Contract July 22, 2013 Construction Begins August, 2013 RECOMMENDATION Staff recomme nds adoption of Resolution 13 -79 Approving Plans and Specifications and A uthorizing Advertisement for Bids for the 2013 Overlay Project. ATTACHMENT S 1. Location Map CITY OF LINO LAKES RESOLUTION NO. 13 -79 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERST ISEMENT FOR BIDS – 2013 O VERLAY PROJECT WHEREAS , the City Engineer has prepared plans and spec ifications for the 2013 Overlay Project and has presented such plans and specifications to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. The City Engineer is directed to advertise for bids, provide construction observation, and close out th e project once it is complete, and shall be paid by the hou r in an amount not to exceed $39,8 00 . The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plan s and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer, w ill then be tabulated, and will be considered by the Council at 6:30 p.m. on July 22, 2013 , in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ a nd upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bart ell, City Clerk