HomeMy WebLinkAbout03-11-2019 Council Packet EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, March 11, 2019
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz
City Administrator: Jeff Karlson
ADVISORY BOARD INTERVIEWS, 6:00 P.M.
Prior to the regular meeting, the council will convene in the Council Work Room for a special
session to interview applicants for City advisory boards
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Stoesz, Maher, and Mayor Reinert were
present; Council Member Manthey was absent
Pledge of Allegiance
Open Mike / Public Comment - none
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
SPECIAL CEREMONY
Oath of Police Service – Police Officer Alex Hallin
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) March 11, 2019 (Check No. 109820 through 109882) in the amt of $195,171.46
B) Consider approval of February 25, 2019 Work Session Minutes
C) Consider approval of February 25, 2019 Council Meeting Minutes
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Consent Agenda Items 1A through 1C as presented, was adopted
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 02-19, Amending Chapter 208 of City Code,
Jeff Karlson
Action Taken: Motion by Maher, seconded by Stoesz, to approve
the 1st Reading of Ordinance No. 02-19 as presented, was adopted
B) Consider 1st Reading of Ordinance No. 03-19, Amending Chapter 205 of City Code,
Jeff Karlson
Council Agenda -2- March 11, 2019
EXPANDED AGENDA
Action Taken: Motion by Maher, seconded by Stoesz, to approve
the 1st Reading of Ordinance No. 03-19 as presented, was adopted
C) Consider 1st Reading of Ordinance No. 04-19, Amending Chapter 207 of City Code,
Jeff Karlson
Action Taken: Motion by Rafferty, seconded by Maher, to approve
the 1st Reading of Ordinance No. 04-19 as presented, was adopted
D) Consider Resolution No. 19-29, Approving Update to the Personnel Policy, Jeff
Karlson
Action Taken: Motion by Maher, seconded by Rafferty, to approve
the Resolution No. 19-29 as presented, was adopted
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider converting seized property to City property for City use, John Swenson
Action Taken: Motion by Maher, seconded by Rafferty, to approve
the conversion of certain property as recommended, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Consider Resolution 19-30, Approve Joint Powers Agreement with Hugo, East
Cedar Street & Elmcrest Avenue Improvement Project, Diane Hankee
Action Taken: Motion by Stoesz, seconded by Maher, to approve
Resolution No. 19-30 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Stoesz, to adjourn at 7:00 p.m. was adopted
ADVISORY BOARD INTERVIEWS, 7:00 P.M.
After the regular meeting, the council will reconvene in the Council Work Room for a special
session to interview applicants for City advisory boards
Community Calendar – A Look Ahead
March 11, 2019 through March 25, 2019
Wednesday, March 13 6:30 pm, Council Chambers Planning & Zoning Board
Monday, March 25 6:00 pm, Community Room Council Work Session
Monday, March 25 6:30 pm, Council Chambers City Council Meeting
Updated 3/8/2019
CITY COUNCIL AGENDA
Monday, March 11, 2019
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz
City Administrator: Jeff Karlson
ADVISORY BOARD INTERVIEWS, 6:00 P.M.
Prior to the regular meeting, the council will convene in the Council Work Room for a special
session to interview applicants for City advisory boards
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
SPECIAL CEREMONY
Oath of Police Service – Police Officer Alex Hallin
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) March 11, 2019 (Check No. 109820 through 109882) in the amount of
$195,171.46.
B) Consider approval of February 25, 2019 Work Session Minutes
C) Consider approval of February 25, 2019 Council Meeting Minutes
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 2-19, Amending Chapter 208 of City Code,
Jeff Karlson
B) Consider 1st Reading of Ordinance No. 3-19, Amending Chapter 205 of City Code,
Jeff Karlson
C) Consider 1st Reading of Ordinance No. 4-19, Amending Chapter 207 of City Code,
Jeff Karlson
Council Agenda -2- March 11, 2019
D) Consider Resolution No. 19-29, Approving Update to the Personnel Policy, Jeff
Karlson
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider converting seized property to City property for City use, John Swenson
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Consider Resolution 19-30, Approve Joint Powers Agreement with Hugo, East
Cedar Street & Elmcrest Avenue Improvement Project, Diane Hankee
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
ADVISORY BOARD INTERVIEWS, 7:00 P.M.
After the regular meeting, the council will reconvene in the Council Work Room for a special
session to interview applicants for City advisory boards
Community Calendar – A Look Ahead
March 11, 2019 through March 25, 2019
Wednesday, March 13 6:30 pm, Council Chambers Planning & Zoning Board
Monday, March 25 6:00 pm, Community Room Council Work Session
Monday, March 25 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL WORK SESSION February 25, 2019
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE 4
TIME STARTED 5
TIME ENDED 6
MEMBERS PRESENT7
8
MEMBERS ABSENT
: February 25, 2019
: 6:00 p.m.
: 6:25 p.m.
: Council Member Rafferty, Maher,
Manthey, Stoesz and Mayor Reinert
: None 9
10
Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11
Swenson; City Engineer Diane Hankee; Jay Squires, City Attorney; Environmental 12
Coordinator Marty Asleson; City Clerk Julie Bartell 13
14
Review Regular Council Agenda of February 25, 2019 – 15
16
Item 6A – Textile Recycling/Simple Recycling Contract Renewal - Environmental 17
Coordinator Asleson reviewed his written request to renew a contract for these services. 18
He noted the activity from the past year. The council asked about the size of the vehicle 19
that does pick up; it is a panel type van. 20
21
Mayor Reinert remarked that he hasn’t heard any negatives at this point so he’d be 22
inclined to let them continue services for another year. He doesn’t want to see 23
competition with the Disabled American Vets (DAV) but this apparently is less usable 24
goods than what they would accept. 25
26
Council Member Maher brought up the matter of solid waste services and trucks within 27
the city. Mayor Reinert suggested that if the council would like to discuss that matter, it 28
could be added to a future agenda through the regular process. 29
30
Item 4A – Mutual Aid Joint Powers Agreement with Department of Corrections – Public 31
Safety Director Swenson reviewed the proposed agreement. The agreement is a 32
standard. 33
34
Mayor Reinert suggested that the council may want to tour the prison facilities. Public 35
Safety Director Swenson said it could be arranged but a commitment of time is necessary. 36
37
Item 4B – Contract with Otter Lake Animal Care Center – The proposed contract 38
(renewal) was reviewed by Public Safety Director Swenson. He is supportive of keeping 39
the contract, noting that there is a small increase in fees. 40
41
Item 6B – Annual Surface Water Management Program Quotes and Award of 42
Construction Contract – City Engineer Hankee reviewed quote results, the 43
recommendation for award and the proposed schedule. 44
45
CITY COUNCIL WORK SESSION February 25, 2019
DRAFT
2
Item 6C – 2019 Mill and Overlay Project, Order Project, Approve Plans and Authorize 46
Advertisement for Bids – City Engineer Hankee reviewed what would be included in the 47
2019 program, the overall project budget, preliminary estimates, the alternate estimate 48
and the proposed schedule to receive bids. 49
50
Council Member Rafferty noted roads that were improved as part of last year’s program 51
and where he’s seen major cracking already. Ms. Hankee noted that with an overlay and 52
the presence of freezing and thawing, cracks can definitely develop. 53
54
Item 6E – Land Acquisition – The council will close the meeting to discuss land 55
acquisition details and open the meeting if they chose to move forward. 56
57
The meeting was adjourned at 6:25 p.m. 58
59
60
These minutes were considered, corrected and approved at the regular Council meeting held on 61
March 11, 2019. 62
63
64
65
66
Julianne Bartell, City Clerk Jeff Reinert, Mayor 67
68
COUNCIL MINUTES February 25 , 2019
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : February 25, 2018 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 7:00 p.m. 7
MEMBERS PRESENT : Council Member Rafferty, Maher, 8
Manthey, Stoesz and Mayor Reinert 9
MEMBERS ABSENT : 10
11
Staff members present: City Administrator Jeff Karlson; City Engineer Diane Hankee; 12
Environmental Coordinator Marty Asleson; Director of Public Safety John Swenson; and City Clerk 13
Julie Bartell 14
15
PUBLIC COMMENT 16
17
No one was present to address the council regarding a matter not on the agenda. 18
19
SETTING THE AGENDA 20
21
The agenda was approved as presented. 22
23
CONSENT AGENDA 24
25
Council Member Maher moved to approve the Consent Agenda, Items 1A through 1F, as presented. 26
Council Member Rafferty seconded the motion. Motion carried on a voice vote. 27
28
ITEM ACTION 29
30
Consideration of Expenditures: 31
32
February 25, 2019 (Check No. 109749 through 109819) in 33
the amount of $351,864.56. Approved 34
35
Consider approval of February 4, 2019 Work Session Minutes Approved 36
37
Consider approval of February 11, 2019 Council Meeting Minutes Approved 38
Consider approval of February 11, 2019 Special Session Minutes 39
(board interviews) Approved 40
Consider approval of February 11, 2019 Closed Council Minutes Approved 41
42
Consider approval of Resolution 19-24, Peddler License for 43
Randy Lust, Pro Star Tree Care Approved 44
COUNCIL MINUTES February 25 , 2019
DRAFT
2
45
FINANCE DEPARTMENT REPORT 46
47
There was no report from the Finance Safety Department. 48
49
ADMINISTRATION DEPARTMENT REPORT 50
51
There was no report from the Administration Safety Department. 52
53
PUBLIC SAFETY DEPARTMENT REPORT 54
55
4A) Consider Mutual Aid Joint Powers Agreement JPA – State of Minnesota Department of 56
Corrections – Lino Lakes – Public Safety Director Swenson explained that staff is asking for 57
authorize to execute a mutual aid agreement that will allow resources for emergency response to be 58
provided to the corrections facility located in Lino Lakes. The contract language is standard. 59
60
Council Member Manthey moved to authorize execution of the Joint Powers Agreement as presented. 61
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 62
63
4B) Consider Contract for Services – Otter Lake Animal Care Center – Public Safety Director 64
Swenson requested council authorization to renew this long standing contract for animal care for 65
another year. The terms of the contract are provided in his written report. 66
67
Council Member Maher moved to authorize execution of the contract as presented. Council Member 68
Manthey seconded the motion. Motion carried on a voice vote. 69
70
PUBLIC SERVICES DEPARTMENT REPORT 71
72
There was no report from the Public Services Department. 73
74
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 75
76
6A) Textile Recycling/Simple Recycling Contract Renewal – Environmental Coordinator 77
Asleson reviewed the services provided to the City since this contract was approved approximately 78
one year ago. Staff is recommending that the contract be renewed for an additional year. 79
80
Council Member Maher moved to approve Resolution No. 19-25 as presented. Council Member 81
Rafferty seconded the motion. Motion carried on a voice vote. 82
83
6B) Consider Resolution No. 19-22 Accepting Quotes and Awarding Construction Contract, 84
2019 Surface Water Maintenance Project - City Engineer Hankee reviewed the work that has been 85
accomplished under the the project and plans to move ahead. She noted the two quotes received and 86
the staff recommendation. 87
88
COUNCIL MINUTES February 25 , 2019
DRAFT
3
Council Member Manthey moved to approve Resolution No. 19-22 as presented. Council Member 89
Stoesz seconded the motion. Motion carried on a voice vote. 90
6C) Consider Resolution No. 19-21 Ordering the Project, Approving the Plans and 91
Specifications, and Authorizing the Ad for Bid, 2019 Mill and Overlay Project – City Engineer 92
Hankee reviewed the plans for this year’s (annual) project. The roads chosen for this year’s project 93
are based on the City’s Pavement Management Program as well as other considerations. She noted 94
the areas that would be included (including an alternate area if that is possible within the budget/bids) 95
and the budget for this year. 96
Council Member Stoesz recalled that the Fire Station lot was done not so long ago. Ms. Hankee said 97
she doesn’t have the date of the last parking lot work there but this project includes the entire parking 98
lot and staff feels that is appropriate. 99
Council Member Rafferty received assurance that residents will be well aware of the schedule for this 100
work. 101
102
Council Member Manthey moved to approve Resolution No. 19-21 as presented. Council Member 103
Stoesz seconded the motion. Motion carried on a voice vote. 104
105
6D) Consider Resolution No. 19-18 Approve License For Utility to Cross Agreement with 106
Minnesota DNR, West Shadow Lake Area Improvement Project – City Engineer Hankee noted 107
the requirement for a permit from the DNR for this project; along with the agreement a license is 108
required. She noted the cost and term of the license agreement. 109
110
Council Member Stoesz remarked that the agreement notes an “attached map” which was not 111
included; staff will provide that information to the council. 112
113
Council Member Manthey moved to approve Resolution No. 19-18 as presented. Council Member 114
Stoesz seconded the motion. Motion carried on a voice vote. 115
6E) Land Acquisition, NE Lino Lakes Drainage Area Improvements, Diane Hankee 116
i. Consider motion to close meeting for Discussion of Offers for Land Acquisition 117
Council Member Rafferty moved to close the meeting in order to discuss the properties at 75xx Peltier 118
Drive and 7482 Peltier Drive. Council Member Maher seconded the motion. Motion carried on a voice 119
vote. 120
The council received information and discussed offers for land acquisition. 121
The council reconvened by unanimous consent. 122
ii. Consider Resolution No. 19-23, Authorize Land Acquisition, NE Lino Lakes Drainage Area 123
Improvements 124
COUNCIL MINUTES February 25 , 2019
DRAFT
4
Council Member Manthey moved to approve Resolution No. 19-23 as presented. Council Member 125
Stoesz seconded the motion. An error in the staff report was corrected. Motion carried on a voice 126
vote. 127
128
UNFINISHED BUSINESS 129
130
There was no Unfinished Business. 131
132
NEW BUSINESS 133
134
There was no New Business. 135
136
COMMUNITY EVENTS 137
138
3RD ANNUAL GUNS AND HOSES HOCKEY GAME – this event will be held on Thursday, 139
February 28. Contact the Public Safety Department at 651-982-2323 for more details. 140
141
COMMUNITY CALENDAR 142
143
Community Calendar – A Look Ahead 144
February 25, 2019 through March 11, 2019 145
Monday, March 4 6:00 pm, Community Room Council Work Session 146
Monday, March 4 6:30 pm, Council Chambers Park Board 147
Tuesday, March 5 6:00 pm, Community Room Jt Mtg w/P&Z (Comp Plan) 148
Monday, March 11 6:00 pm, Community Room City Council Meeting 149
150
ADJOURN 151
152
There being no further business, Council Member Maher moved to adjourn at 7:00 p.m. Council 153
Member Rafferty seconded the motion. Motion carried. 154
155
These minutes were considered and approved at the regular Council Meeting, March 11, 2019. 156
157
158
159
160
Julianne Bartell, City Clerk Jeff Reinert, Mayor 161
162
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: March 11, 2019
TOPIC: 1st Reading of Ordinance Amending Chapter 208
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 1st Reading of Ordinance No. 2-19, Amending
Chapter 208 of the Lino Lakes City Code Providing for a Public Safety Department.
BACKGROUND
Staff has been in the process of revising ordinances that need updating to align with the City’s
current organizational structure. The proposed amendment of Chapter 208 merely incorporates
the City’s fire services into a “Public Safety Department.”
RECOMMENDATION
Staff recommends approval of 1st Reading of Ordinance No. 208.
ATTACHMENTS
Ordinance No. 2-19
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 2-19
AMENDING CHAPTER 208 OF THE LINO LAKES CITY CODE
PROVIDING FOR A PUBLIC SAFETY DEPARTMENT
The City Council of Lino Lakes ordains:
CHAPTER 208: POLICE PUBLIC SAFETY DEPARTMENT
§ 208.01 DEPARTMENT CREATED.
There is created a department of this city, which shall hereafter be known as the Lino
Lakes Police Public Safety Department.
(Prior Code, § 208.01)
§ 208.02 DUTIES.
It shall be the responsibility the Lino Lakes Police Public Safety Department to provide
a healthy and safe community, preserve peace and public order, prevent and detect crime,
prevent and suppress fires, and enforce laws and ordinances of the state, county and City,
within the city, and as authorized by the City Council.
(Prior Code, § 208.02)
§ 208.03 OFFICERS. POLICE AND FIRE PERSONNEL.
The Lino Lakes Police Public Safety Department shall be directed and supervised by a
Chief of Police the Public Safety Director. The members of the Lino Lakes Police Public
Safety Department shall consist of the Chief of Police Public Safety Director and other
police and fire personnel officers as the City Council shall hire. The members of the Lino
Lakes Police Public Safety Department shall be peace police officers, cross-trained police
officers/firefighters, and firefighters. and shall be the only persons who shall receive
compensation from the city for their services as peace officers.
(Prior Code, § 208.03)
§ 208.04 CHIEF OF POLICE. PUBLIC SAFETY DIRECTOR.
The Chief of Police Public Safety Director shall be responsible to the City
Administrator and shall make complete reports on the operation of the Lino Lakes Police
Public Safety Department as requested by the Administrator or City Council. Other
members of the Lino Lakes Police Public Safety Department shall be responsible and
accountable to the Chief of Police Public Safety Director, who shall be responsible for
the proper training and discipline of other members. The Police Chief Public Safety
Director may recommend to the City Administrator a suspension suspend, without pay of
any member of the Lino Lakes Police Public Safety Department for just cause only.
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refusal or neglect to obey orders, pending final action on discharge or discipline of the
member by the City Council. Suspensions without pay in excess of 30 days and
recommendations for termination will require final action by the City Council.
(Prior Code, § 208.04)
§ 208.05 RANKS.
Members of the Lino Lakes Police Public Safety Department, other than the Police
Chief Public Safety Director, may be given a rank or designation as determined by the
Chief of Police Public Safety Director. The order of command shall flow from the Police
Chief Public Safety Director downward in order as listed, each member being responsible
to his or her superior officer. The ranks and the rules of qualification for any of the
positions shall be as established by the City Council.
(Prior Code, § 208.05)
§ 208.06 RECORDS.
The Lino Lakes Police Public Safety Department shall keep a daily record of all Police
Public Safety Department activityies within the City, as prescribed by the City Council.
Access to Police Public Safety Department records shall be in accordance with the
Minnesota Data Practices Act.
(Prior Code, § 208.06)
§ 208.07 UNIFORMS AND EQUIPMENT.
Equipment shall be provided to officers pursuant to the union contract. All city property
issued to any member shall be returned, in good condition, to the City, forthwith, upon
termination of employment. and Each member shall be responsible for and liable for each
item and the proper care thereof while same is in his or her possession. Uniforms and
equipment to perform duties will be provided to public safety personnel.
(Prior Code, § 208.07)
§ 208.08 IMPERSONATING OFFICER.
No person not a valid member of the Lino Lakes Police Department shall:
(1) Wear, carry or display an identification card, badge, cap or insignia or uniform of
the Lino Lakes Police Department or hold any item out to be such; and
(2) In any manner represent himself or herself to be connected with the Lino Lakes
Police Department.
(Prior Code, § 208.08)
§ 208.098 UNIFORM - WHEN WORN.
The badge and cap assigned may be worn only while a member of the Lino Lakes
Police Public Safety Department is on actual duty as assigned. Uniforms are only to be
worn while on duty, while in transit to or from work, for court, or at other official
department functions or events.
(Prior Code, § 208.09)
§ 208.109 COMMUNITY SERVICE OFFICER.
A person holding the position of community service officer in the Lino Lakes Police
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Public Safety Department may, under the direction of the Chief of Police Public Safety
Director, issue citations in lieu of arrest for violations of the following Chapters: 503
Animal Control Regulations, 802 Parking, 901 General Nuisances and 1006 Building
Numbers.
(Ord. 13-94, passed 9-12-1994)
Adopted by the Lino Lakes City Council this ____ day of __________________, 2019.
The motion for the adoption of the foregoing ordinance 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
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CITY COUNCIL
AGENDA ITEM 3B
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: March 11, 2019
TOPIC: 1st Reading of Ordinance Amending Chapter 205
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 1st Reading of Ordinance No. 3-19, Amending
Chapter 205 of the Lino Lakes City Code regarding the City Administrator position.
BACKGROUND
Chapter 205 of the City Code currently includes language that exempts the Public Safety
Director as a direct report to the City Administrator, which is not the current practice.
Section 207.01 of Chapter 207 states the “City Council shall make every appointment of a
‘regular’ position of city employment.” “Regular” generally means regular full-time and part-
time employees. To be consistent with this section, staff is proposing that Section 205.04
exclude “temporary” employees from needing Council authorization for hiring purposes.
RECOMMENDATION
Staff recommends approval of 1st Reading of Ordinance No. 205.
ATTACHMENTS
Ordinance No. 3-19
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 3-19
AMENDING CHAPTER 205 OF THE LINO LAKES CITY CODE
The City Council of Lino Lakes ordains:
CHAPTER 205: CITY ADMINISTRATOR
§ 205.01 POSITION ESTABLISHED; PURPOSE.
The office and position of City Administrator is created for the purpose of assisting the
Council in carrying out the administrative functions of the city and to advise the Council
in matters of general policy.
(Prior Code, § 205.01)
§ 205.02 APPOINTMENT; TENURE.
The Administrator shall be appointed by the City Council for an indefinite term.
Removal from this position will be by an affirmative vote of a majority of all members of
the City Council.
(Prior Code, § 205.02)
§ 205.03 DUTIES AND RESPONSIBILITIES.
(1) Executive Officer. The Administrator shall be the chief executive officer for the
Council. The Administrator shall coordinate the administration of all City departments
and divisions.
(2) Laws and Policies. The Administrator shall be responsible directly to the Council
for the enforcement of all ordinances, regulations and law enforcement policies of the
Council and all laws of the state which may apply within the boundaries of the City. The
Administrator shall advise the Council on matters of governmental and public policy
which is pertinent to municipal operations.
(3) Budget and Finance. The Administrator shall be directly responsible to the
Council for the preparation, recommendation and management of the annual city budget
and shall be chief fiscal, financial and purchasing officer of the city.
(4) Programs and Projects. The Administrator shall be directly responsible to the
Council for planning and carrying out all capital improvement projects and service
programs and shall be chief project and program director for the City.
(5) Administrator and Personnel. The Administrator shall be the chief administrative
and personnel officer of the City. The Administrator shall be directly responsible to the
Council for administration of all departments and divisions of the City and shall be
directly responsible to the Council for the supervision of all temporary, permanent, full-
time, part-time and consulting personnel of the city, except those appointed by the
Council to serve on advisory boards and commissions.
(6) General. The Administrator shall attend all meetings as may be required by the
Council; perform all reasonable tasks set before the Administrator by the Council; furnish
all verbal and written reports concerning the assigned responsibilities of the
Administrator as the Council may desire; and maintain good and proper relations with the
public at large.
(Prior Code, § 205.03)
§ 205.04 AUTHORITY.
(1) Administrative Policy. The Administrator may establish administrative policies
and procedures as may be necessary to ensure the proper and efficient operation of all
departments and divisions of the city and may issue administrative orders to carry out
administrative policies and procedures. The administrative policies and procedures shall
be consistent with Minnesota Statues, city ordinances and Council policy. The Council
shall be apprised of administrative policies and procedures.
(2) Fiscal Control. The Administrator shall exercise control over the fiscal
expenditures of all the departments and divisions of the City and appropriations which
appear in the annual budget. The Administrator may allow purchases of up to $2,500 for
budgeted item purchases. Purchases over the allowed maximum shall require the
approval of the Council. No officer or employee of the City shall place any order or make
any purchase except for a purpose and to the amount authorized in the budget resolution.
The Council shall audit all claims and shall retain its power to disaffirm any order or
contract entered into by the administrator on behalf of the Council.
(3) Personnel. With the exception of § 208.04, all dDepartment heads, and
supervisors, directors and administrative personnel shall report directly to the
Administrator. The Administrator shall recommend to the Council the hiring, promotion,
demotion or dismissal of any regular or probationary, temporary, permanent, full-time or
part-time employee of the City. The Council shall make all final determinations with
regard to the employment, promotion or dismissal of City employees.
(Prior Code, § 205.04)
Adopted by the Lino Lakes City Council this ____ day of ________________ 2019.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember _____________and was duly seconded by Councilmember
___________ 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 3C
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: March 11, 2019
TOPIC: 1st Reading of Ordinance Amending Chapter 207
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 1st Reading of Ordinance No. 4-19, Amending
Chapter 207 of the Lino Lakes City Code regarding the Personnel Policy.
BACKGROUND
Section 207.05 of the City Code has been revised.
RECOMMENDATION
Staff recommends approval of 1st Reading of Ordinance No. 207.
ATTACHMENTS
Ordinance No. 4-19
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 4-19
AMENDING CHAPTER 207 OF THE LINO LAKES CITY CODE
The City Council of Lino Lakes ordains:
CHAPTER 207: PERSONNEL POLICY
§ 207.01 APPOINTMENTS.
The City Council shall make every appointment to a regular position of city
employment. Each appointment shall be based on merit and qualifications for the position
as determined by the City Administrator.
(Ord. 35-97, passed 2-9-1998)
§ 207.02 PERSONNEL RULES AND REGULATIONS.
The Council may, by resolution, establish personnel rules setting forth the rights, duties
and responsibilities of employees. The rules shall be known as the City of Lino Lakes
Personnel Policy and may from time to time be amended.
§ 207.03 ADMINISTRATION.
The City Administrator may establish administrative policies and procedures as may be
appropriate to administer the employment practices of the city. All city employees shall
comply with these policies and rules.
(Ord. 35-97, passed 2-9-1998)
§ 207.04 COMPENSATION PLAN.
The City Administrator will establish and maintain a compensation plan for all regular
positions which will be reviewed and approved by the City Council.
(Ord. 35-97, passed 2-9-1998)
§ 207.05 BACKGROUND CHECKS FOR JOB APPLICANTS FOR CITY
EMPLOYMENT.
(1) Purpose. The purpose and intent of this section is to establish regulations that
will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non-criminal purposes of employment background checks for
the positions described in division 2(b) below.
(2) Criminal History License Background Investigations.
(a) Generally. The Lino Lakes Police Department is hereby required, as the
exclusive entity within the City, to do a perform criminal history background
investigations on the all regular full-time or part-time job applicants and other positions
that work with children or vulnerable adults, for the following positions within the City
employment unless the City’s hiring authority concludes that a background investigation
is not needed necessary.
(b) Employment positions. All regular part-time or full-time employees of the City
of Lino Lakes and other positions that work with children or vulnerable adults.
(3) Access to Data. In conducting the criminal history background investigation in
order to screen employment applicants, the Police Department is authorized to access
data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized
Criminal History information system in accordance with BCA policy. Any data that is
accessed and acquired shall be maintained at the Police Department under the care and
custody of the chief law enforcement official or his or her designee. A summary of the
results of the computerized criminal history data may be released by the Police
Department to the hiring authority, to include the City Council, the City Administrator,
Director of Administration Human Resources, or other city staff as appropriate.
(4) Consent Required. Before the investigation is undertaken, the applicant must
authorize the Police Department by written consent to undertake the investigation. The
written consent must fully comply with the provisions of M.S. Ch. 13, as it may be
amended from time to time, regarding the collection, maintenance and use of the
information.
(5) Criteria for Rejection. Except for the positions set forth in M.S. § 364.09, as it
may be amended from time to time, the City will not reject an applicant for employment
on the basis of the applicant's prior conviction unless the crime is directly related to the
position of employment sought and the conviction is for a felony, gross misdemeanor, or
misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis,
the City shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it
may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
(Ord. 35-97, passed 2-9-1998; Am. Ord. 05-00, passed 4-10-2000; Am. Ord. 19-01,
passed 10-8-2001; Am Ord. 15-08, passed 12-9-2008)
§ 207.06 INDEMNIFICATION.
The City or its insurance carrier will defend and indemnify all of its officers and
employees, whether elective or appointive, against any claim or demand arising out of an
alleged act or omission occurring in the performance of their official duties or
employment. If judgment is rendered in favor of the officer or employment, any
judgment for costs and disbursements shall be assigned to the City, and all monies
collected shall be paid to the City. The provisions of this section requiring
indemnification do not apply in cases of intentional tort, malfeasance in office or willful
or wanton negligence. In those cases, the City Council may indemnify the officer or
employee if it finds the action to be in the public interest. Indemnification under this
section is subject to the liability limits imposed by M.S. § 466.05, as it may be amended
from time to time, and any other relevant statutes.
(Ord. 35-97, passed 2-9-1998)
Adopted by the Lino Lakes City Council this ____ day of ________________ 2019.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember _____________and was duly seconded by Councilmember
___________ 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 3D
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: March 11, 2019
TOPIC: Update to Personnel Policy
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to consider Resolution No. 19-29, which updates one section of the
Lino Lakes Personnel Policy.
BACKGROUND
Staff periodically reviews the City’s Personnel Policy and recommends updates as needed.
Staff is proposing a revision to Section 6.17, which removes a provision that currently
allows employees to use sick leave during a severe weather day (see attached).
RECOMMENDATION
Staff recommends approval of Resolution No. 19-29
ATTACHMENTS
Resolution No. 19-29
CITY OF LINO LAKES
RESOLUTION NO. 19-29
RESOLUTION APPROVING UPDATE TO PERSONNEL POLICY
WHEREAS, staff periodically reviews the City’s Personnel Policy to ensure it is up-to-date and
provides appropriate controls for internal personnel administration; and
WHEREAS, staff has reviewed the Personnel Policy and recommends modifications to Section 6.17,
Severe Weather; and
WHEREAS, Section 6.17 will remove all language besides the provision outlining the City’s policy to
keep offices and facilities open during regular work hours.
NOW, THEREFORE, BE IT RESOLVED BY THE LINO LAKES CITY COUNCIL that the
revision to Section 6.17 of the Lino Lakes Personnel Policy is hereby approved.
Adopted by the Council of the City of Lino Lakes this 11th day of March 2019.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
_____________and was duly seconded by Councilmember _____________ 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 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: March 11, 2019
TOPIC: Convert seized property to City Property for City use
VOTE REQUIRED: 3/5
INTRODUCTION
The City of Lino Lakes Ordinance 213.07(1) authorizes the Public Safety 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 continued management of police division property and evidence room, staff
identified the below listed equipment for City use.
1. 16227060: Black E-cig to be used for Community Drug Education Class
2. 16001803: 2 baggies of small amount of marijuana to be used for Community Drug
Education Class
3. RA287084: 1 baggie of small amount of marijuana to be used for Community Drug
Education Class
4. 16000277: 1 baggie of marijuana to be used for Community Drug Education Class
5. 16002228 1 baggie of marijuana to be used for Community Drug Education Class
6. 11185623: Dewalt sawsall and blades, bolt cutter – for use in rescue operations
7. 11023140: Bolt cutter – for use in rescue operations
8. 08137643: 3 airsoft guns - for use of force training
9. 05242820: 1 airsoft gun - for use of force training
10. 09194004: 1 airsoft gun - for use of force training
11. 08267944: 2 socket sets and a socket/wrench/misc. tool set - for dept tool cabinet
12. 16005209: Dead end street sign Community Drug Education Class
13. 18210999: Brinno TLC200-Pro Time Lapse Camera (serial # TEJ2100373) with
protective case and mounting stand – for investigative use
All related court and investigative matters have been completed. Staff has complied with all
statuary obligations to notify all concerned parties and received no communications related to
any of these cases or the related property.
RECOMMENDATION
Authorize the Public Safety Department to convert the above listed property from seized
property to city owned property.
ATTACHMENTS
None
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
C. C. MEETING DATE: March 11, 2018
TOPIC: Consider Resolution 19-30, Approve Joint Powers Agreement
with Hugo, East Cedar Street & Elmcrest Avenue
Improvement Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council approval of the Joint Powers Agreement (JPA) with the City of Hugo
for the East Cedar Street & Elmcrest Avenue Improvement Project.
BACKGROUND
The Cities of Hugo and Lino Lakes have received complaints and requests from property owners
in both communities to pave the gravel sections of 24th Avenue/Elmcrest Avenue and East Cedar
Street. Hugo and Lino Lakes recognize it is in the best interest of both Cities to pave the gravel
sections of these roadways. The existing traffic volumes exceed the recommended MnDOT
threshold for when to pave a gravel road. This leads to a rough and deteriorated roadbed and
poor driving conditions. The paved section of East Cedar Street is also in need of roadway
maintenance and included in the project scope.
The project includes paving 24th Avenue/Elmcrest Avenue from Tart Lake Road to the south a
distance of 2,300 feet, and East Cedar Street from Otter Lake Road to the east a distance of 2,600
feet. East Cedar Street Improvement Project includes the reclamation of the existing paved
section from Otter Lake Road east approximately 1,340 feet and paving the gravel section of
Cedar from approximately 1,340 feet east to the City of Hugo border. The Cedar Street project
total estimated project cost is $490,000.
Funding for the project is proposed through the street reconstruction fund. This fund was
established for arterial street reconstruction. Approximately $247,500 of the fund balance is from
special assessments for Cedar Street reconstruction collected from abutting developments. The
$242,500 of remaining costs could be funded through state aid.
The project is proposed as a joint project between the communities and a Joint Powers
Agreement has been drafted. Hugo and Lino Lakes are responsible to fund their share of the
construction costs, and engineering design and construction fees. The fees will be prorated based
on the percentage of construction costs as outlined in the JPA.
RECOMMENDATION
Staff is recommending Council approval Resolution 19-30, Approving the Joint Powers
Agreement with the City of Hugo for the 24th Avenue/Elmcrest Avenue and East Cedar Street
Improvement Project.
ATTACHMENTS
1. Resolution No. 19-30
2. Joint Powers Agreement
CITY OF LINO LAKES
RESOLUTION NO. 19-30
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH THE CITY OF HUGO
24TH AVENUE/ELMCREST AVENUE AND EAST CEDAR STREET
WHEREAS, Hugo and Lino Lakes have received property owner requests from both
communities to pave the gravel sections of 24th Avenue/Elmcrest Avenue and East Cedar Street;
and
WHEREAS, the City of Lino Lakes and the City of Hugo mutually agree that it is in the best
interest of both Cities to pave these gravel sections of roadway; and
WHEREAS, subject to the terms of the Joint Powers Agreement, Hugo and Lino Lakes are
assuming and apportioning responsibility for the design and construction of the Project both within
the corporate limits of Hugo and Lino Lakes; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
approve this Joint Powers Agreement with the City of Hugo for improvements to 24th
Avenue/Elmcrest Avenue and East Cedar Street.
Adopted by the Council of the City of Lino Lakes this 11th day of March, 2019.
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
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF HUGO AND THE CITY OF LINO LAKES
FOR THE 24th AVENUE/ELMCREST AVENUE AND EAST CEDAR STREET
ROADWAY IMPROVEMENT PROJECT
THIS AGREEMENT is made this _____ day of ____________, 2019, by and between the
City of Hugo (hereinafter described as “Hugo”) and the City of Lino Lakes (hereinafter
described as “Lino Lakes”); both of which are political subdivisions of the State of
Minnesota.
RECITALS:
WHEREAS, the “Project” shall mean to state paving and repaving of 24th
Avenue/Elmcrest Avenue from Tart Lake Road to the south a distance of 2,300 feet, and
East Cedar Street from Otter Lake Road to the east a distance of 2,600 feet.(see Exhibit
A); and
WHEREAS, a portion of the Project is to be constructed within the corporate limits of
Hugo and a portion is to be constructed within the corporate limits of Lino Lakes; and
WHEREAS, Hugo and Lino Lakes have received property owner requests to pave the
gravel sections of 24th Avenue/Elmcrest Avenue and East Cedar Street; and
WHEREAS, Hugo and Lino Lakes recognize it is in the best interest of both Cities to
pave the gravel sections of these roadways. The existing traffic volumes exceed the
recommended MnDOT threshold for paving a gravel road. This leads to rough surfaces
and deterioration of the roadbed as well as poor driving conditions; and
WHEREAS, Hugo and Lino Lakes both agree to construct the proposed improvements
in 2019; and
WHEREAS, subject to the term and conditions hereof, Hugo and Lino Lakes are
assuming and apportioning responsibility for the design and construction of the Project
both within the corporate limits of Hugo and Lino Lakes; and
WHEREAS, WSB Engineers has prepared an estimate and proposed division of the cost
of the Project for both Lino Lakes and Hugo; and
WHEREAS, cities are authorized to enter into development contracts under Minnesota
Statutes § 462.358, Subd. 2(a); and
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed and
for good and sufficient consideration, Hugo and Lino Lakes agree as follows:
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SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms of the
agreement Hugo and Lino Lakes have reached regarding the design, construction,
maintenance and financing of the Project both within the corporate limits of Hugo and
Lino Lakes, in accordance with Minnesota Statutes, Section 471.59.
SECTION 2. DESIGN AND CONSTRUCTION.
A. WSB shall design the Project on behalf of both Lino Lakes and Hugo. Lino
Lakes and Hugo City Staff shall have the right to review and approve the final
Project plans and specifications prior to advertisement for bids in writing. Lino
Lakes and Hugo City Staff shall both have the right to inspect, review and
comment upon construction of the Project.
B. Hugo and Lino Lakes will each acquire right-of-way as necessary within their
respective boundaries to permit the construction of the street improvements.
C. Hugo and Lino Lakes are responsible to fund their share of the engineering fees
for the design and for construction inspections. The fees will be prorated based
on the percentage of construction costs as estimated in the attached Exhibit B. The
City of Hugo may provide its own construction inspection at its sole cost, but in
the event it chooses to do so, it will still be proportionately responsible for its
share of engineering fees for the Project.
D. Hugo and Lino Lakes are responsible to fund their share of the Project
construction costs for work occurring within their respective boundaries. The
construction costs as estimated and apportioned are set forth in the attached
Exhibit B.
E. Each City has the right to terminate this Agreement prior to award by the other
City of a construction contract by giving the other party written notice of
termination. The terminating party is responsible for its share of all costs incurred
up to and including the date of termination.
F. Lino Lakes will hold and be the named party to the contract with the contractor.
Lino Lakes shall receive from Hugo ninety percent (90%) of Hugo’s estimated
share of the Project cost within 60 days of award of a construction contract. Prior
to billing this estimate will be updated by Lino Lakes to reflect actual bid prices
as awarded. An updated cost estimate shall be provided to Hugo at the time of
billing.
Upon final completion of the Project, Hugo’s share of the cost will be based upon
actual costs incurred for work within its boundaries. If necessary, adjustments to
the initial ninety (90%) charged will be made in the form of credit or additional
charges to Hugo’s remaining ten percent (10%) share of the project costs. Final
payment shall be due within 30 days of billing by Lino Lakes.
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G. Before this Agreement shall become binding and effective it shall be approved by
appropriate resolutions of the City Councils of Hugo and Lino Lakes, which
resolutions shall be attached hereto as Exhibits C and D, respectively.
SECTION 3. STREET MAINTENANCE
A. Lino Lakes will continue to perform snow removal, street sweeping and
maintenance of Cedar Street East. Hugo will continue to perform snow removal,
street sweeping and maintenance of 24th Avenue/Elmcrest Avenue North. 24th
Avenue/Elmcrest Avenue North is a shared roadway for a portion of the Project
future roadway repair such as crack filling, seal coat and overlays will be
determined as a separate maintenance agreement between Lino Lakes and Hugo.
SECTION 4. LIABILITIES
A. Each party retains the financial responsibility for damage to or loss of its own
equipment that may occur in performing its duties under this Agreement.
B. Each party retains the financial responsibility for workers’ compensation benefits
for its own employees and for any injuries that occur to its employees in
performing its duties under this Agreement.
C. Each party shall be liable for its own acts and omissions, including the acts and
omissions of its officers, employees or agents and the results thereof to the extent
authorized by law and shall not be responsible for the acts and omissions of the
other party, its officers, employees or agents. Each party agrees to indemnify,
defend, and hold harmless the other party, its officers and employees against any
and all liability, loss, costs, damages, expenses, claims or actions, including
attorneys’ fees that the other party may hereafter sustain, incur or be required to
pay, arising out of any act or omission of the party, its officers, agents or
employees, in the execution, performance, or failure to perform its obligations of
this Agreement. Nothing herein, however, shall be deemed a waiver of the
limitations on liability set forth in Minnesota statutes, Chapter 466.
SECTION 5. MISCELLANEOUS PROVISIONS
A. This Agreement may be amended or any of its terms modified only by a written
document duly authorized, executed and delivered by the parties.
B. This Agreement may be executed in counterparts, each of which shall constitute
one and the same instrument.
C. Severability. The invalidity or unenforceability of any provision of this
Agreement, in no way, affect the validity or enforceability of any other provisions
of this Agreement, all of which shall remain in full force and effect.
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IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their
authorized representatives on the date set forth below officers.
CITY OF HUGO CITY OF LINO LAKES
______________________ ________________________
Mayor Mayor
Attest: Attest:
______________________ ________________________
City Clerk City Clerk
______________________ ________________________
Date Date
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EXHIBIT A
Lino LakesHugo%&c(
Clearwater Creek Park
Cedar St Gravel 590 vpd
Cedar St Paved 1,100 vpd
Elmcrest Ave 700 vpd
E L LEN
CT
DELINACIRLACAS S E CTALBERT CTTART CTF L ORAC TTELELN STELLALNARTHURC T
IVERSON CT
TELE DROTTERLAKESERVICER
D
65TH ST
LACASSEDR
TARTLAKE R D 24THAVECLEAR
WATERCREEKDRMAINSTTOSBI35ELANGERLNOTTER LAKE RDCEDAR ST
INTERSTATE35EF A BLEHILLPKWY
NVALJEANBLVDNGARDENW
AYN
ELMCRESTAVEN
ARBRELN
NJARDINAVENF ABLE ROAD CT N
1 2 9 T H S T N
ArbrePark
ValjeanPark
Aspire Park
1 inch = 500 feet Document Path: K:\02029-870\GIS\Maps\RoadwayImprovement11x17Aerial.mxd Date Saved: 2/25/2019 1:47:24 PMRoadway Improvement ProjectsLino Lakes, MN
Lino Lakes ProjectHugo ProjectCity Boundary
Figure 1 - Project Location 0 600Feet¯
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EXHIBIT B
Cost Item
Total Cost City of Lino Lakes
East Cedar Street
City of Hugo Elmcrest
Avenue North
Construction Cost 656,000.00$ 410,000.00$ 246,000.00$
Estimated Engineering 129,000.00$ 80,000.00$ 49,000.00$
Total Cost 785,000.00$ 490,000.00$ 295,000.00$
City of Lino Lakes Percentage of the Project 63%
City of Hugo's Percentage of the Project 37%
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EXHIBIT C
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EXHIBIT D