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HomeMy WebLinkAbout09-23-13 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday,September 23, 2013 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O’Donnell,Roeser, Rafferty& Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1.Deer Management Program(Mayor Reinert) 2.Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. 6:30 p.m. Call to Order – Council Members Stoesz, Roeser & Rafferty, and Mayor Reinert were Roll Call - present; Council Member O’Donnell was absent Pledge of Allegiance Open Mike / Public Comment Adam Lamere, Lakes Liquor, & Sergei Nazaranka, Eagle Liquor, asked the council to consider a way to limit the number of off-sale liquor licenses in the city Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented 1.CONSENT AGENDA A) Consideration of Expenditures: i)September 23, 2013 (Check No. 96398 through 96563)in the amount of $337,890.63 ii)September 20, 2013 (Check No. 6000 through 6028) in the amount of $69,952.52 B) Consider approval of Sept 3, 2013 Work Session Minutes C)Consider approval of Sept 9, 2013 Council Meeting Minutes D)Approve Temporary On-Sale Liquor License for Chain of Lakes YMCA event held at Waldoch Farm, 8174 Lake Dr for a wine tastingevent E)Consider Resolution No. 13-106, Appointing election judges for the 2013 municipal election Action Taken: Motion by Roeser, seconded by Rafferty, to approve the Consent Agenda,Items 1A through 1E, as presented, was adopted Council Agenda -2- September 23, 2013 EXPANDED AGENDA 2.FINANCE DEPARTMENT No report 3.ADMINISTRATION DEPARTMENT No report 4. PUBLIC SAFETY DEPARTMENT No report 5.PUBLIC SERVICES DEPARTMENT No report 6.COMMUNITY DEVELOPMENT DEPARTMENT A) Consideration of Resolution No. 13-98, Approving Site Performance Agreement with McDonald’s Corporation, Jason Wedel Action Taken: Motion byRoeser, seconded by Stoesz,to approve Resolution No. 13-98 as presented, was adopted B) Consideration of Resolution No. 13-105, Approving Site Performance Agreement with Subway, Jason Wedel Action Taken: Motion byRoeser, seconded by Stoesz,to approve Resolution No. 13-105 as presented, was adopted 7.UNFINISHED BUSINESS None 8.NEW BUSINESS None Adjournment Motion by Roeser, seconded by Rafferty, to adjourn at 6:55 p.m. was adopted Community Calendar – A Look Ahead September 23, 2013 through October 14, 2013 Cancelled ,September 256:30 pm, Council ChambersEnvironmental Board Thursday, October 3 8:00 am, Community Room EDAC Monday, October 7 5:30 pm, Community Room Special Council Mtg Monday, October 7 after spec. Mtg, Community Rm Council Work Session Monday, October 7 6:30 pm, Council Chambers Park Board Wednesday, October 9 6:30 pm, Council Chambers Planning & Zoning Thursday, October 10 6:30 pm, Community Room Charter Commission Monday, October 14 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE:September 3, 2013 4 TIME STARTED:5:35p.m. 5 TIME ENDED:10:00p.m. 6 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, 7 Rafferty,Roeserand Mayor Reinert 8 MEMBERS ABSENT: None 9 10 11 Staff members present: City Administrator Jeff Karlson; Community Development 12 Director Michael Grochala; City Attorney Joseph Langel; Finance Director Al Rolek; 13 Public Safety Director John Swenson; Public Services Director Rick DeGardner; City 14 Clerk Julie Bartell 15 16 1.7309 Lake Drive, Exterior Storage– Attorney Rod Krass, representing the property 17 owneraddressed the council. In his review of the situation, it appears that there is a 18 perception (by the City) that his client is using the property to store items. However the 19 primary use of the property is not for storage but to run a business that rents units to 20 construction sites. Beyond that clarification, Mr. Krass explained that the rights of 21 “grandfathering” a property use come into play. The use of the property has remained 22 consistent and therefore even a non-conforming use, if itcontinues, is eligible for 23 grandfather rights. 24 25 Mayor Reinert suggested that what the council is interested in hearing is how the use of 26 the facility can conform to the city’s existing regulations. Mr. Krass responded that he 27 isn’t sure that the use can be conforming since part of the business that exists there 28 requires storing the equipment when not in use. 29 30 Propertyowner Bob Salmentold the council that he doesn’t have latitude as far as the 31 business because he is under a lease/contract. He can’t change thebusiness. The city 32 can’t decide when a grandfather right ends –that right only ends when the use stops for 33 at least one year. 34 35 Community Development Director Grochala explained some of the history of use. The 36 occupant previous to the current was a landscaping company. A transition occurred to 37 the current use of providing contactor offices with outdoor storage. City Attorney 38 Langel added that the grandfathering right disappears after one year of not having the use. 39 In this situation, a conditional use permit is required for the accessory use that has 40 occurred in the past, however, that was not enforced by the city. The point is that it is no 41 longer an accessory use but a primary use (the outside storage). Even if the primary 42 business isn’t storage, the storage activity found at the property is not in compliance.Mr. 43 Salmon argued that the use is not greater than it was. Mr. Langel disagreed and 44 explained that this is a question of accessory use (that could be allowed under 45 1 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT grandfathering) or a primary use where there are literally acres of pods stored outsideat 46 the facility. 47 48 Mr. Salmen noted that the previous occupant kept their equipment outside and the 49 landscaping companies that followed did the same thing. He has made costly 50 improvements to the property, at the request of the city. Mr. Krass added that he sees the 51 current storage as an accessory use –they are only leasing a few acres. The use comes 52 from the business and the business has use of their property to hold their business items; 53 they are not being paid to store items. 54 55 Mayor Reinert pointed out that the council isn’t opposed to Mr. Salmen doing business in 56 the city –they’re just trying to get the facts. He sees two issues –is the current use a new 57 one and whether or not there’s been a year’s lapse in use. 58 59 Mr. Grochala noted that visual evidence and witness accounts show that thelandscaping 60 use was a change because the outdoor use dropped off. Staff has met with 61 representatives of the business, Mini Mobile, and found they occupied the site in October 62 of 2012 (occupied office at thattime) with their business described as “rental” business. 63 Mr. Grochala said it’s not clear that the business is allowedin the zoning district; outside 64 storage as part of the business is clearly not allowed. Mr. Langel pointed out that the 65 type of usehere has been zoned out. The location is zoned light industrial and it is 66 located near a school and residential area. The storage is a part of the business operations 67 but at a high magnitude that he sees as a primary use. 68 69 The Mayor said he’d like to see more information showing the pastuse of the property. 70 Mr. Salmen has a lease history that he will share. Mr. Langel remarked that the fact that 71 companies have leased the property doesn’t show the use and he’d want to see evidence 72 proving outdoor storage existed without a year’s gap of that use. 73 74 Staff will return to the council with additional information. 75 76 2.Emmerich PUD Concept Plan– Community Development Director Grochala 77 explained that the city has received an application for a planned unitdevelopment (PUD) 78 on the east side of the city. Using a projector, he reviewed the area and proposed plans. 79 The area involved is guided for medium density residential development and the concept 80 plan submitted includes a mix of homes to achieve the required density. The 81 development is mostly single family homes, some townhomes and an age restricted 82 apartment building. The development would be phased out through 2020. He explained 83 where water and sewer would be connected. Generally the area doesn’t include a lot of 84 natural habitat but they have established a flood plain and park area. 85 86 Developer representative Larry Olsen told the council he is interested in hearing 87 comments on the concept plan so the developer can use that information as they plan 88 forward. 89 90 2 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT Mr. Grochala noted some similarity with homes in nearby “The Lakes” development in 91 Blaine. The Planning and Zoning Board reviewed that element and found it favorable. 92 Council Member Rafferty asked that the council receive that comparison information 93 also. The mayor had some questions about access and screening that were answered by 94 the developer. Council Member Roeser asked about the cost of the single family homes 95 and was told they would probably be in the range of $300,000 to $350,000. The mayor 96 asked that the council receive renderings as soon as possible; visual is good. The council 97 discussed how park land would be included. Council Member Stoesz asked about the 98 feasibility of placing empty conduit under the development, planning ahead for future 99 technology possibilities. Mr. Grochala explained that such efforts in other areas haven’t 100 panned out too well; directional drilling seems to be what’s done now. Council Member 101 Rafferty asked if a homeowners association will be considered and Mr. Olsen said 102 definitely for the townhomes but not so much for the single family. The use of covenants 103 for some control is possible but he doesn’t anticipate a lot of tolerance to things at this 104 price range. 105 106 The plans are informational at this point with no action required from the council. The 107 developer will be back with more information as they move ahead. 108 109 3. Accessory Building Requirements –Community Development Director Grochala 110 indicated thatthe council requested staff put together information on the city’s 111 regulations regarding residential accessory buildings, in response to a neighbor concern 112 about a specific situation. He reviewed his written report that outlines the city’s 113 regulations, noting that generally the regulations follow lot size. The specific situation 114 that the council was notified about was checked by staff and found to be within the city’s 115 ordinance; there could be a covenant in place relative to the area and that would be a civil 116 matter. 117 118 The concerned resident whose neighbor is constructing a large accessory building 119 addressed the council. He explained that there are covenants within the neighborhood but 120 he would have to sue for enforcement. He’s tried to work it out with the neighbor but 121 they haven’t been able toreach an agreement. The mayor noted that it may be time for 122 the city to review the regulations; looking at this situation, the city may be allowing 123 structures that aren’t appropriate in residential areas. The resident replied that he concurs 124 with the council looking at the city’s ordinance; he’s looked at other city’s rules through 125 this whole process and he thinks the city may be somewhat out of line. Council Member 126 Rafferty pointed out that the property at hand is pretty typical and he’s surprised at the 127 size of accessory building that would be allowed. Director Grochala indicated that staff 128 will bring the city’s regulations to the council for review, but will run them by the 129 Planning and Zoning Board first. Council Member Roeser indicated interest in assisting 130 communities with their covenant process, perhaps with a boiler plate. 131 132 4.Snowmobile Trail at Lake St. & Main St.– Bill Prinsen, President of the Rice 133 Creek Trail Association, gave the council written information onthe association’s 134 concern about getting snowmobile traffic safely across I35W and use of County Road 14 135 3 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT during road construction at CR 14 and CR 23. He explained what the trail system is 136 about, how it is interconnected and how they now have a disconnect because a County 137 permit allowing two-way traffic has ended. The change results in a 15 mile reroute. 138 They see the pedestrian bridge (over I35W) as an interesting possibility. Mayor Reinert 139 noted that the city doesn’t control the bridge but could no doubt make a 140 request/recommendation to the controlling entity. Community Development Director 141 Grochala suggested that the association should apply for use of the bridge and the city 142 could then send a letter as directed by the council. 143 144 5.Temporary Signs– Mayor Reinert explained that the council has certainly had 145 discussions about signs before –this in particular is about signage for local events. He 146 noted that the city’s regulations currently allow four signs per year on a quarterly basis. 147 He wonders why the regulations couldn’t just allow four times without the timing 148 restriction. 149 150 Diane Olson, Gesthemane Church, introduced herself as the new pastor. As a newcomer 151 to the scene, what she’s seeing is that the sign regulations don’t seem to be enforced(or 152 obeyed) on a fair basis and people are angry at the unfairness. The work of churches in 153 the community is to make things better so they are a positive influenceand work on a 154 small budget. In the case of her church, there is also a day care business present in the 155 building that can’t advertise. The church would like to be able to put up signs on their 156 own property when they wish. 157 158 Community Development Director Grochala remarked that sign regulations in general are 159 very frustrating and that situation isn’t unique to Lino Lakes. He explained where 160 churches fit into the city’s regulations and also that permanent signs are considered 161 differently from temporary in the regulations. There are free speech questions that come 162 to play also. When looking at this situation, it’s important to note that even if there’s a 163 desire to do so, itwouldn’t be legal to treat churches differently for the purpose of 164 regulations. If there is unfair enforcement, that is certainly not the intent of the city. 165 166 Mayor Reinert suggested that the city shouldn’t dictate timing. He suggests that the 167 Planning and Zoning Board look at the matter and perhaps increase the times allowed and 168 perhaps more flexibility for an entity operating under the same roof. 169 170 6.Wireless Communications Update -PublicServices Director DeGardner 171 distributed a report that updated the council on the wireless communication network in 172 the city. He noted that one company will be terminating their water tower leases with a 173 loss in revenue to the city. There could be risk in other companies leaving also. A 174 company named Black Dot has approached the city about entering an overall lease for a 175 30-year term, thus taking over existing leases for an upfront payment to the city. He’s 176 talked with people in the business and has heard differing opinions about the future of 177 water tower lease arrangements. He is seeking council input on the matter; if there is 178 interest, he could put together a bid package. 179 180 4 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT Mayor Reinert suggested that there is a trend and the city shouldpossiblyrespond,buthe 181 wants to have all the available information and knowledge before making a move. 182 Council Member O’Donnell added that the city should make sure that the lessees are 183 aware of the city’s discussions. He also received assurance that the revenue loss is being 184 properlyconsideredin the coming budget. Council Member Stoesz suggested that lease 185 agreements could be negotiated to include cell phone costs for the city. 186 187 Mr. DeGardner will put together additional information and the council will continue to 188 study the matter. 189 190 7.Salt Storage Shelter Project– Public Services Director DeGardner and Streets 191 Supervisor Tim Payne reviewed the staff report that explains how the city currently stores 192 its salt mixture in a stockpile (not a best case scenario). The Public Works Department is 193 transitioning to move away from a salt/sand mixture for streets to salt brine. Equipment 194 is being adapted for this change. Since the City doesn’t have a salt brine production unit, 195 the solution was obtained from the City of Centerville. The City, along with other 196 municipalities in the area, received grant dollars from the Rice Creek Watershed District 197 to assist in reducing chloride on streets (that runs off to area waters).Staff plans to 198 continue integrating the brine anti-icing methods into the city’s winter maintenance 199 operations. Thisproactive approach will assist in reducing chlorides, reducing the 200 amount of necessary plowing and more complete removal of snow. Staff is now 201 proposing a partnership with Anoka County to construct a Salt Storage Shelter at the 202 city’s public works facility. The City’s portion of the costs is proposed to come from the 203 Building and Facilities Fund. The council concurred that staff should move ahead with 204 the project, noting the possibility of providing salt to Centerville. 205 206 8.Upgrade of Financial Software –Finance Director Rolek explained that the City 207 has been discussing an upgrade and putting money aside for some time. The current 208 software is functional but cannot be updated. He noted that staff has been looking at 209 software possibilities and he reviewed the process used to get to a recommendation (a 210 score card). The costs are presented in his report. The recommendation presented is the 211 system believed to best fit the city’s needs. 212 213 The council discussed the number of users, both finance staff and others that would be 214 “casual” users. Council Member Stoesz asked if there will be a guarantee, if the city 215 chooses the cloud application that it will not be moved off shore and Mr. Rolek 216 responded that he’d have to check further on that question. Council Member Roeser 217 asked about what other cities are using and also if there are possibilities to save on a 218 different system or by going through the network (MetroInet). Council Member Rafferty 219 asked how long the system will last (Mr. Rolek said at least ten years) and about 220 applications that may not be needed. The council discussed system costsand possibilities 221 for economies. Council Member O’Donnell recognized thatMr. Rolek’s research and 222 recommendation is comprehensive and appropriate; he would urge that negotiations occur 223 where that is appropriate for the contract. 224 225 5 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT Staff will proceed with negotiations on a contract. 226 227 9.2014 Budget- Finance Director Rolek reviewed his written 2014 Draft Budget 228 Review report. There are approximately $45,000 in reductions that have occurred –he 229 has reflected the reduction in a reduced levy but could instead put it toward the 2014 230 contingency, reduce the use of reserve or a combination of both. Council Member 231 O’Donnell suggested that since the council is now looking at certifying a preliminary levy 232 number and there are still some budget unknowns, he’d prefer to have the leeway. 233 Council Member Roeser asked about the cost of the state mandated employee pension 234 increase and Mr. Rolek indicated it to be in the range of $2,700. 235 236 The council concurred that the reduction should not be reflected in the levy at this time 237 but held to deal with unknowns if that becomes necessary as the budget is finalized. 238 239 As part of the item, Administrator Karlson had prepared a report that addressed the 240 council’s questions about school, conference and travel expenditures within the 2014 241 budget. Mr. Karlson reviewed the figures, noting the reductionfrom 2013. He noted that 242 many of the credit attained through this type of education are required for licensing and/or 243 accreditation. Council Member Stoesz suggested keeping staff well versed in the area of 244 information technology but doing so without leaving the office. Council Member 245 Rafferty said he continues to have concernsabout the need to attend national events. 246 247 Finance Director Rolek reviewed the 2014 budget actions that would appear on the 248 September 9 council agenda. 249 250 10.Centennial Fire District Budget– Administrator Karlson noted that the council 251 requested a review of the Fire District budget. He explained the formula used to 252 determine the city’s share of the budget. Mayor Reinert remarked that the council will be 253 doing a drill down onthe budget and services of the district. He noted that the Lino 254 Lakes Police Department does a great job in responding to emergency calls. 255 256 11.Charter Commission Minute Services- City Clerk Bartell noted that the Lino 257 Lakes Charter Commission has responded to the city’s authorization to utilize 258 TimeSavers for their meeting minutes. The service will continue for the next meeting 259 and TimeSaverswill email the draftminutes to the City Clerk within five days of the 260 Charter Commission meeting.The City Clerk will email the minutes to the Commission 261 as soon as they are received.The City does retain an electronic copy of the draft minutes 262 on file. 263 264 12.Monthly Progress Report -AdministratorKarlson reviewed the written report. 265 266 Review Regular Agenda- There were no other changes to the regular Council agenda. 267 268 The meeting was adjourned at 10:00p.m. 269 270 6 CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT These minutes were considered, corrected and approved at the regular Council meeting held on 271 September 23, 2013. 272 273 274 275 276 Julianne Bartell, City ClerkJeff Reinert, Mayor 277 278 7 COUNCIL MINUTESSeptember 9, 2013 DRAFT 1 2 3 CITY OF LINO LAKES 4 MINUTES 5 6 7 DATE:September 9, 2013 8 TIME STARTED:6:30 p.m. 9 TIME ENDED:8:15p.m. 10 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, Rafferty, 11 Roeser,and Mayor Reinert 12 MEMBERS ABSENT: 13 14 Staff members present: City Administrator Jeff Karlson;Community Development DirectorMichael 15 Grochala; City Engineer Jason Wedel; City Planner Katie Larsen; Finance Director Al Rolek; Chief 16 of PoliceJohn Swenson; and City ClerkJulie Bartell 17 18 PUBLIC COMMENT 19 20 Seirgei Nazaranka, Eagle Liquor, 730 Apollo Drive, urged the council to limit off-sale liquor licenses 21 in the city. The off-sale business is highly regulated and existing businesses can’t fend off new 22 establishments. If the city isn’t able to limitlicenses, he urges the council to allow him to install a 23 larger sign thanis currently allowed. The mayor explained that sign regulations are standard for all 24 businesses in the city. In regard to limiting licenses, Mayor Reinert recalled that certainlicensees are 25 requesting that the city follow what some other cities do (limit by proximity or geography) but he’d 26 argue that this council acts to do what’s right for this city and he’s heard the council say that they 27 wish for the market to regulate in this area. 28 29 SPECIAL PRESENTATION 30 31 Proclamation –September 17-23–United States Constitution Week –Lino Lakes Resident Gail 32 Lossing, Anoka Chapter of the Daughters of the American Revolution, read and received a 33 proclamation from Mayor Reinert. 34 35 SETTING THE AGENDA 36 37 Theagenda was approved as presented. 38 39 CONSENT AGENDA 40 41 Council Member O’Donnellmoved to approve the Consent Agenda, Items 1A through 1G, as 42 presented. Council Member Roeserseconded the motion. Motion carried on a unanimous voice vote. 43 44 45 1 COUNCIL MINUTESSeptember 9, 2013 DRAFT ITEMACTION 46 47 Consideration of Expenditures: 48 49 September 9, 2013(Check No.96322– 50 96397, $425,617.43Approved 51 52 Centennial Fire District (Check No. 5967- 53 5999, $21,083.90)Approved 54 55 August 26, 2013Council Work Session 56 MinutesApproved 57 58 August 26, 2013City Council Meeting 59 MinutesApproved 60 61 August 26, 2013 Closed Council Session 62 MinutesApproved 63 64 Resolution No. 13-94, Extension of Time of 65 the Condition Use Permits and Submittal of 66 the Planned Unit Development Final Plan and Final 67 Plat for Main Street VillageApproved 68 69 Resolution No. 13-95, Extension of Time for Submittal 70 of the Planned Unit Development Final Plan and Final 71 Plat for Moon MarshApproved 72 73 Resolution No. 13-96, Extension of Time for Century 74 th Farm North 6AdditionApproved 75 76 FINANCE DEPARTMENT REPORT 77 78 2A. Resolution No. 13-100, Adopting the Preliminary 2013/2014 Property Tax Levy –Finance 79 Directornoted the amount of thepreliminary levy brought forward at the direction of the council. He 80 acknowledged the hard work of the council in putting this year’s budget together. He also noted that 81 the levy includes a voter approved amount forthe signal projects and that, without consideration for 82 that portion, the levy amount would actually decrease from the previous year by about $40,000. He 83 noted that the state is imposing levy limits this year and that the city would be in compliance. The 84 adopted preliminary levy is a maximum, meaning it could be reduced but not increased for final levy. 85 86 The mayor echoed that the budget process for 2014 has been a struggle. The council started early and 87 worked every month on it. He thanked staff for their hard work; the council couldn’t have gotten the 88 job done without staff. 89 90 2 COUNCIL MINUTESSeptember 9, 2013 DRAFT Council Member Rafferty moved to approve Resolution No.13-100 as presented. Council Member 91 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 92 93 2A. Resolution No. 13-101, Setting the Date for thePublic Hearing for the Proposed 2014 94 Operating Budget and 2013 Tax LevyCollectible in 2014 –Finance Director Rolekindicated that 95 it is appropriate at this time to establish a date and time for thepublic hearing to considerthe 2014 96 budget. That date would be December 9, 2013, 6:30 p.m. 97 98 Council Member O’Donnell moved to approve Resolution No. 13-101 as presented. Council 99 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 100 101 2C. Resolution No. 13-102, Canceling the 2013/14 Debt Service Tax Levy for G.O. Tax 102 Increment Financing Bond Series 2007A 103 104 2D. Resolution No. 13-103, Canceling the 2013/14 Debt Service Tax Levy for G.O. 105 Improvement Bond Series No. 2013A 106 107 Finance Director Rolek explained that Items 2C and 2D both refer to cancelation of a levy for 108 outstanding bond debt. In both cases staff has determined that it is not necessary to levy for these 109 bonds. Each year of the debt, the council has the option of levying funds if necessary. 110 111 Council Member O’Donnell moved to approve Resolution No. 13-102 as presented. Council 112 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 113 114 Council Member Roesermoved to approve Resolution No. 13-103as presented. Council Member 115 Raffertyseconded the motion. Motion carried on a unanimous voice vote. 116 117 ADMINISTRATION DEPARTMENT REPORT 118 119 st 3A. Public Hearing and Consideration of 1Reading of the following amendments to the Lino 120 Lakes City Charter: 121 i. Ordinance No. 04-13, Amending Section 4.02 of the Charter regarding Nominations 122 and Elections. 123 ii. Ordinance No. 05-13, Amending Section 8.04 of the Charter regarding Public 124 Improvements and Special Assessments 125 126 City Clerk Bartellexplained that the council is being asked to consider two amendments to the City 127 Charter.Both amendments are considered technicalin nature. They bring theCharter into 128 compliance with state law as it relates to election schedules.Both amendments have been approved 129 by the Lino Lakes Charter Commission.The first amendment, Ordinance No. 04-13,amends Charter 130 Section 4.02 regardingthe filing period for elections. It removesa defined period for filing and 131 insteadallows the city follow state law. 132 133 Community Development Director Grochala explained the amendment to Section 8.04. Currently 134 there is a time limit related to process and arequirement foran election to be held within a certain 135 3 COUNCIL MINUTESSeptember 9, 2013 DRAFT period. Within the process is also a deadline by which language must be submitted for a printed 136 ballot. With the changes that have occurred in election law, the schedules are in conflict. This 137 change would deal with that conflict. 138 139 st City Clerk Bartell added that a public hearing is scheduled on the ordinances. If 1reading is 140 approved after that hearing, staff would propose to bring the ordinances back to the council at a 141 special council meeting on October 7. For passage the ordinances would require an affirmative vote 142 of all council members. 143 144 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 145 hearing was closed. 146 147 Council Member Roeser noted that he is pleased that these amendments to update the Charter 148 document are coming forward from the Charter Commission. 149 150 st Council Member O’Donnell moved to approve the 1Reading of Ordinance No. 04-13 as presented. 151 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 152 153 st Council Member Roeser moved to approve the 1Reading of Ordinance No. 05-13 as presented. 154 Council Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 155 156 PUBLIC SAFETY DEPARTMENT REPORT 157 158 nd 4A. 2Reading and Passage of Ordinance No. 10-13, Amending Section 504.02 of the Lino 159 Lakes Code of Ordinances relating to Firearms, allowing bow hunting in certain areas of the 160 city –Police Chief Swenson recalled that the council discussed deer management options beginning 161 last year. Staff worked with Anoka County and prepared an updated deer management report that 162 includes options for action. The ordinance before the council relates to one area of the city where 163 archery hunting has been disallowed even though it is allowed in the rest of the city, under defined 164 regulations. Council Member Roeser noted that the proposal to add this area for bow hunting is an 165 attempt to improve deer management and reduce the number of deer/vehicle collisions. 166 167 Pam B. Frink,2228 Reiling Road, addressed the council. She said that her neighbor just informed her 168 of the change in hunting authority being proposed. She is concerned because there is an area just 169 south of her home that would be affected (Clerk’s note: the area near Ms. Frink’s home was later 170 determined to be adjacent to city owned land, not impacted by the Ordinance proposed but by the 171 contract requestedin Item 4B). The area adjoinspublic land but that is not marked well.Further, 172 most of the public land is wet and she feels that hunters will probably steer more toward her land that 173 is dry. Also the land is rolling hills so it may be difficult to determine an appropriate shooting 174 distance.She is concerned about the impact on her property and that she wasn’t contacted for her 175 opinion before changes were considered. 176 177 Darlene and Richard Klenck,2280 Rolling Hills Drive(40 year residents), presented the councilwith 178 a petition opposing the city opening up city land south of Rolling Hills Drive to a controlled bow hunt 179 (also related to Item 4B). The neighbors who signed the petition are opposed and they represent about 180 4 COUNCIL MINUTESSeptember 9, 2013 DRAFT one-half the residents in the area. Mr. Klenck said he fears issues sometimes associated with hunting 181 and just doesn’t want to see a change. The area has a low speed limit so there are rarely vehicle/deer 182 accidents. 183 184 Darlene Klenck added that Police Sergeant Kyle Leibel, who did come and meet with them, was good 185 to work with. 186 187 The council discussed the concerns voicedand the petition that was submitted. The council 188 determined that the area impacted by the petition and of concern to the residents present isrelated to 189 city owned land that would be opened for a controlled hunt only (by Metro Bowhunters Resource 190 Base) and that the ordinance involves another area of the city where no concerns havebeen voiced 191 about a change. 192 193 Council Member O’Donnell moved to waive the full reading of the ordinance. Council Member 194 Roeser seconded the motion. Motion carried on a unanimous voice vote. 195 196 nd Council Member Rafferty moved to approve the 2Reading and Passage of Ordinance No. 10-13 as 197 presented. Council Member Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none. 198 199 4B. Consider Authorization to Execute a Contract with Metro Bowhunters Resource Base 200 (MBRB) for deer management on City owned properties –Police Chief Swenson explained that 201 some residents that live near one area of city-owned land impacted by this contract came forward and 202 spoke for Item 4A. In response to that, the council requested that Chief Swenson not allow the 203 managed hunt on the 70 acre parcel adjacent to those residents’ property. That would leave three 204 areasof the city that could be contracted for this hunt. He explained the positives about allowing this 205 group to do an organized hunt and what dates the hunts would occur. Permission to hunt on this city 206 owned land will not be granted to any one besides MBRB. 207 208 Council Member O’Donnell moved to authorize execution of the contract with the understanding that 209 the 70 acre parcel adjacent to Rolling Hills Drive is excluded. Council Member Rafferty seconded 210 the motion. Motion carried on a unanimous voice vote. 211 212 PUBLIC SERVICES DEPARTMENT REPORT 213 214 There was no report from the Public Services Department. 215 216 COMMUNITY DEVELOPMENTDEPARTMENT REPORT 217 218 nd 6A. 2Reading and Passage of Ordinance No. 09-13, Vacating a Portion of the Drainage and 219 Utility Easement on Lot 6, Blcok 2, Clearwater Creek -City Planner Larsen reviewed the report. 220 The applicant is requesting a vacation to allowfor an accessory building. The matter wasreviewed 221 st and discussed fully forthe 1reading of the ordinance. 222 223 Council Member O’Donnell moved to waive full reading of the ordinance. Council Member Roeser 224 seconded the motion. Motion carried on a unanimous voice vote. 225 5 COUNCIL MINUTESSeptember 9, 2013 DRAFT 226 nd Council Member O’Donnell moved to approve the 2Reading and Passage of Ordinance No. 09-13 227 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5; Nays none. 228 229 st 6B. Resolution No. 13-97, Authorizing Preparationof Plans and Specifications for the 21 230 Avenue Improvement Projects –Community Development Director Grochala explained that it is 231 appropriate in thetimelinefor this project to authorize development of the plansand specifications at 232 this point. The city’s enginnering firm, WSB has submitted a proposal to prepare the necessary 233 information and staff is supportive. 234 235 Council Member Rafferty moved to approve Resolution No. 13-97 as presented. Council Member 236 Stoesz seconded the motion. Motion carried on aunanimous voice vote. 237 238 6D. Resolution No. 13-99, Accepting Quotes and Awarding Contract for the 2013 Surface 239 Water Management Project –City Engineer Wedel explained the program and the budget proposed 240 for 2013. It is a good program for maintenance and to deal with issues that arise. He showed a map 241 of this year’s project area. Staff recommends proceeding with the low quote for services received on 242 the project. 243 244 Council Member Stoesz moved to approve Resolution No. 13-99 as presented. Council Member 245 Roeser seconded the motion. Motion carried on a unanimous voice vote. 246 247 UNFINISHED BUSINESS 248 249 There was no Unfinished Business. 250 251 NEW BUSINESS 252 253 There was no New Business. 254 255 COMMUNITY EVENTS 256 257 YMCA FARMER’S MARKETwill be held at Legacy and Woods Edge (acrossfrom Chain of Lakes 258 YMCA) Thursday, September 12 from 3:00 p.m. to 7:00 p.m. This will be the last farmer’s market of 259 the year. 260 261 MONTHLY RECYCLE DAYwill be held at Lino Park (7850 Lake Drive) on Saturday, September 262 21, 2013 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 263 264 4-H FAMILY FESTwill be held at Waldoch Farm (8194 Lake Drive) on Sunday, September 22, 265 2013 from 12:00 a.m. to 4:00 p.m. 266 267 FREE! NFL PEPSI PUNT, PASS & KICK COMPETITIONwill be held Sunday, September 15, 268 2013 beginning at 9:30 a.m. and competition from 10 a.m. –11:15 a.m. at Sunrise Park, Field 2. For 269 6 COUNCIL MINUTESSeptember 9, 2013 DRAFT more information visit Parks and Recreation website at www.ci.lino-lakes.mn.usor contact Brian at 270 651-982-2446.Volunteers are needed for this event. 271 272 COMMUNITY CALENDAR 273 274 275 Community Calendar –A Look Ahead 276 September 9, 2013through September 23,2013 277 Wednesday, September 36:30 pm, Council ChambersPlanning & Zoning 278 Monday, September 235:30 pm, Community RoomCouncil Work Session 279 Monday, September 236:30 pm, Council ChambersCity Council Meeting 280 281 ADJOURN 282 283 There being no further business, Council Member O’Donnellmoved to adjourn at 8:15p.m. Council 284 Member Stoeszseconded the motion. Motion carried unanimously. 285 286 These minutes were considered and approved at the regular Council Meeting, September 23, 2013. 287 288 289 290 291 Julianne Bartell, City ClerkJeff Reinert, Mayor 292 293 7 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR:Lisa Hogstad, DeputyCity Clerk MEETING DATE:September23, 2013 TOPIC:Consider Approval of Resolution No. 13-104,Application for Temporary On-Sale Liquor License for Lino Lakes YMCA VOTE REQUIRED:3/5 INTRODUCTION The Lino Lakes YMCA is planning a fundraising event to be held on Thursday evening, October 24, 2013at Waldoch Farm at8174 Lake Drive. The event planned is a wine tasting that will be sponsored by LakesLiquorof Lino Lakes. BACKGROUND Since wine will be servedat this fundraiser, it is necessary for the YMCA to obtain a Temporary 1-4 Day Intoxicating Liquor License Permit. Staff has determined that the Lino Lakes YMCA is eligible for atemporary licenseunder cityand stateregulations. A copy of the applications and a copy of the certificate of liquor liability insurance are on file in the city clerk's office. RECOMMENDATION Approve Resolution No. 13-104, approving a 1 to 4 day Temporary On-Sale Liquor License. CITY OF LINO LAKES RESOLUTION NO. 13-104 AUTHORIZING A TEMPORARY LIQUORLICENSE FORASPECIAL EVENTHOSTED BY THE YMCAON OCTOBER 24, 2013 WHEREAS ,the Executive Director of the Chain of Lakes YMCAhas submitted an application for a 1 to 4 day temporaryliquor license in conjunction with an event planned at Waldoch Farm, 8174 Lake Dr.,onOctober 24, 2013;and WHEREAS , the event planned is a fundraiser that includes a wine tasting;and WHEREAS , the serving of alcoholic beverages will be done sothat no underage alcohol service will occur;and WHEREAS, proof of liquor liability insurance hasbeen submitted;and WHEREAS , the Alcohol & Gambling Enforcement Division requires that this type of temporary liquor application be approved by the City of Lino Lakes City Council before submissionto the Liquor Control Board NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the City Council grants local approval fora 1-4 day temporary liquor license to the Lino Lakes YMCAfor a special event planned at Waldoch Farm onOctober 24, 2013. Adopted by the Council of the City of Lino Lakes this 23rdday of September, 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 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR:Julie Bartell, City Clerk MEETING DATE:September 23, 2013 TOPIC:Resolution No. 13-106, Election Judge Approval VOTE REQUIRED:3/5 INTRODUCTION The City of Lino Lakes will conduct a municipal election on November 5, 2013 to elect a mayor and two council members. BACKGROUND The governing body of a municipality has the authority to appoint qualified applicants to serve as election judges. Attached is a list of qualified individualswho, if appointed, will be trained to serve as Lino Lakes’ Election Judges for the 2013 General Election. RECOMMENDATION Staff recommends approval of Resolution No. 13-106, Appointing Election Judges for the November 5, 2013 Municipal General Election. ATTACHMENTS Election Judge Roster CITY OF LINO LAKES RESOLUTION NO.13-106 APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5, 2013 GENERAL ELECTION WHEREAS, a municipal election will be held on November 5, 2013;and WHEREAS, pursuant to Minnesota Statutes, Section 204B.20, election judgesshall be appointed to serve in an election precinct and the appointing authority shall designate one of the judges to serve as the head election judge; and WHEREAS, training sessions for election judges in Lino Lakes are scheduled for October 14 and 15, 2013; and WHEREAS ,Minnesota Statutes, Section 204B.21, Subd. 2, requires appointments be made at least 25 days before the election at which the election judges will serve; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the attached list of certified eligible voters are hereby appointed to serve as election judges and head judges for the 2013 Municipal Election if called to do so. Adopted by the Council of the City of Lino Lakes this 23rdday of September, 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 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR:Jason Wedel MEETING DATE:September 23, 2013 TOPIC: Resolution No. 13-98: Approving a SitePerformance Agreement with McDonald’s Corporation VOTE REQUIRED:3/5 BACKGROUND McDonald’s Corporation has received administrative site plan approval for a proposed restaurant, on the corner of Main Street and Otter Lake Road. For all commercial and institutional projects, the City requires execution of a siteperformance agreement prior to issuance of a building permit to ensure that specific site work is completed. The attached performance agreement addressesthe site work for the building and providesfor submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution 13-98. ATTACHMENTS 1.Resolution No. 13-98 2.Site Performance Agreement CITY OF LINO LAKES RESOLUTION NO. 13-98 RESOLUTION APPROVING A SITE PERFORMANCE AGREEMENT WITH MCDONALD’S CORPORATION WHEREAS , the City has completed the review of thesite and building plans for a McDonald’s Restaurant, located at 7110 Otter Lake Road, and WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and McDonald’s Corporation is hereby approved , and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 23day of September, 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 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT 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 McDonalds USA, LLC, whose address is Legal Department #091, L/C: 022-0538, hereinafter referred to as the "Tenant Developer". WHEREAS, the Tenant Developer has received administrative approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the th day of April 28, 2013, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Tenant Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lots 1, Block 1, MAIN STREET SHOPPES, according to the plat thereof on file and of record in Anoka County, Minnesota. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 1 of 9 I. DESIGNATION OF IMPROVEMENTS. A.Improvements on the project site to be installed at the Tenant expense by the Tenant Developer as hereinafter provided are hereinafter - B.Improvements off the project site to be installed at the Tenant expense, if any, by the Tenant Developer as hereinafter provided are hereinafter ref-S At the date of full execution of this agreement, Tenant Developer does not intend on any Off-site Work. C.Intentionally Deleted. II.ON-SITE WORK. A.On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, exterior building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Tenant Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Tenant Developer's On-site Work are as follows: Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 2 of 9 Description of ImprovementsEstimated Costs 1. Lighting $15,000.00 2. Trash Disposal Structure $20,000.00 3. Curbing / Islands / Delineators $15,000.00 4. Storm Drainage Systems / Sewers / Catch $25,000.00 Basins / Culverts / Swales 5. Private Trials and / or Sidewalk $12,000.00 6. Driveway / Curbcut / Parking Lot / Fire Lane $60,000.00 7. Watermains / Hydrants / Sanitary Sewers $25,000.00 8. Landscaping $35,000.00 9. Site Grading $0.00 10. Erosion Control $8,000.00 Total Estimated Cost of Developer $215,000.00 Improvements Security Requirement (Total * 35%) $75,250.00 III. As-Built Survey The Tenant -built survey, that all site grading complies with the grading plan prior to issuance of building permits. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas if applicable. IV.COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer Tenant will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A.The Tenant Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Tenant Developer. Concurrently with the execution hereof by the Tenant Developer, the Tenant Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35 %) percent of the total estimated cost of Tenan Developer's On-site Work. An Irrevocable Letter of Credit shall be for the Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 3 of 9 exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Tenant Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Tenant Developer has been found to be in default of this agreement and only after providing Tenant Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B.Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Tenant Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Tenant the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Tenant Developer and Tenant Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A.The Tenant Developer agrees to pay by check to the City, an amount reasonably established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On- site Work, including, but not limited to, the following: 1. Site Plan Review Fee (Existing escrow deficit) $1,500.00 2. Administration () $1,500.00 Legal, Engineering, Planning, and Contract administration 3. Sanitary Sewer Trunk Unit Fee ( 7 units @ $2,911 per unit) $20,377 4. Water Trunk Unit Fee (7 units @ $3,854 per unit) $26,978 5. Surface Water Management Fee (paid with Main Street Shoppes plat)* $.00 Total Estimated (Budget) Costs for Escrow Account*** $50,355 B.If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Tenant Developer and City shall review the costs required to complete the project. Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 4 of 9 In such case, if the actual costs exceed the estimate, then Tenant Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Tenant Developer any amounts overpaid by the Tenant Developer. The Tenant Developer may request a statement of the account each month for review. C.Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Tenant Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Tenant Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Tenant Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Tenant Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2.Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Tenant Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Tenant Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 5 of 9 Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Tenant Developer. VIII. OCCUPATION OF PREMISES The Tenant Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Tenant Developer, or its contractor, or all of its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Tenant Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees (not all City employees but the term , its agents and assigns shall be named as an additional insured on the policy, and the Tenant Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 6 of 9 X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Tenant Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D.Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E.Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. F.Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 7 of 9 XIII. VIOLATIONS/BUILDING PERMITS In the event that Tenant Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Tenant Developer, the City, at its option, and after providing written notice and opportunity to cure to Tenant Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 8 of 9 TENANT DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ TENANT Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2013, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julie Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. ______________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2013, before me, a Notary Public within and for said County, personally appeared (Tenant Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 9 of 9 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR:Jason Wedel MEETING DATE:September 23, 2013 TOPIC: Resolution No. 13-105: Approving a SitePerformance Agreement with Subway VOTE REQUIRED:3/5 BACKGROUND Subwayhas received administrative siteplan approval for a proposed restaurant, on the corner of Apollo Drive and Market Place Drive.For all commercial and institutional projects, the City requires execution of a siteperformance agreement prior to issuance of a building permit to ensure that specific site work is completed. The attached performance agreement addressesthe site work for the building and providesfor submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution 13-105. ATTACHMENTS 1.Resolution No. 13-105 2.Site Performance Agreement CITY OF LINO LAKES RESOLUTION NO. 13-105 RESOLUTION APPROVING A SITE PERFORMANCE AGREEMENT WITH SUBWAY WHEREAS , the City has completed the review of thesite and building plans for a Subway restaurant, located at 609 Apollo Drive, and WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Subwayis hereby approved , and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 23day of September, 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 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT 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 Karen Vogl, whose address is 2 Robb Farm Road, St, Paul, Minnesota 55127, hereinafter referred to as the "Developer". WHEREAS, the Developer has received administrative approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the th day of September 10, 2013, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: RD Lots 1, Block 1, LINO LAKES MARKET PLACE 3 ADDITION, according to the plat thereof on file and of record in Anoka County, Minnesota. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. expense by the Developer as hereinafter provided are hereinafter referred - Subway Site Performance Agreement 091913.doc page 1 of 8 B. expense, if any, by the Developer as hereinafter provided are hereinafter -S C.Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II.ON-SITE WORK. A.On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, exterior building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Subway Site Performance Agreement 091913.doc page 2 of 8 Description of ImprovementsEstimated Costs 1. Lighting $9,150.00 2. Trash Disposal Structure $4,270.00 3. Curbing / Islands / Delineators $9,750.00 4. Storm Drainage Systems / Sewers / Catch $3,712.00 Basins / Culverts / Swales 5. Private Trials and / or Sidewalk $0.00 6. Driveway / Curbcut / Parking Lot / Fire Lane $32,194.00 7. Watermains / Hydrants / Sanitary Sewers $18,458.00 8. Landscaping $6,900.00 9. Site Grading $17,095.00 10. Erosion Control $1,614.00 Total Estimated Cost of Developer $103,143.00 Improvements Security Requirement (Total * 35%) $36,100.05 III. As-Built Survey An as- trenches, swales, etc.) is to be submitted to the City for verification of compliance with the approved plans. IV.COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A.The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35 %) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and Subway Site Performance Agreement 091913.doc page 3 of 8 specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B.Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A.The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee (Existing escrow deficit) $1,500.00 2. Administration () $1,500.00 Legal, Engineering, Planning, and Contract administration 3. Sanitary Sewer Trunk Unit Fee ( 4 units @ $2,911 per unit) $11,644 4. Water Trunk Unit Fee (4 units @ $3,854 per unit) $15,416 5. Surface Water Management Fee (paid with Lino Lakes Market Place)* $.00 Total Estimated (Budget) Costs for Escrow Account*** $30,060 B.If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by Subway Site Performance Agreement 091913.doc page 4 of 8 the Developer. The Developer may request a statement of the account each month for review. C.Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2.Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's Subway Site Performance Agreement 091913.doc page 5 of 8 reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer, or its contractor, or all of its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees , its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent Subway Site Performance Agreement 091913.doc page 6 of 8 jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D.Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E.Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. F.Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Subway Site Performance Agreement 091913.doc page 7 of 8 DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2013, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julie Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. ______________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2013, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Subway Site Performance Agreement 091913.doc page 8 of 8