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HomeMy WebLinkAbout08-27-2018 Council Meeting PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, August 27, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Stoesz, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - no comments  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 27, 2018 (Check No. 108728 through 108818) in the amount of $460,925.89 B) Consider Approval of August 6, 2018 Work Session Minutes C) Consider Approval of August 13, 2018 Council Meeting Minutes D) Consider Approval of August 2, 2018 Special Work Session Minutes E) Consider Resolution 18-107, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze. F) Consider Resolution No. 18-108, Accepting Donations for Family Corn Roast and Blue Heron Days Action Taken: Motion by Stoesz seconded by Manthey, to approve the Consent Agenda, Items 1A - 1F, except Item 1C, as presented, was adopted Action Taken: Motion by Rafferty, seconded by Manthey, to approve Item 1C as presented, was adopted; Maher abstained from voting 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- August 27, 2018 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Temporary Increase of Office Specialist Hours, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Maher, to approve the temporary increase as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 18-102, Approving Payment and Final, 2018 Street Maintenance (Reclamite) Project, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-102, as presented, was adopted B) Consider Resolution No. 18-110, Approving Site Improvement Performance Agreement, Love to Grow On, Diane Hankee Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 18-110, as presented, was adopted C) 2018 West Shadow Lake Drive Area Street Reconstruction, Diane Hankee i. Consider Resolution No. 18-105, Declare Cost to be Assessed ii. Consider Resolution No. 18-106, Calling Hearing on Assessment Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 18-105, as presented, was adopted Action Taken: Motion by Stoesz, seconded by Manthey, to approve Resolution No. 18-106, as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion to adjourn at 6:55 p.m. was adopted Upon adjournment of the regular meeting, the council will reconvene for a special work session to discuss the 2019 budget (in the Community Room) Community Calendar – A Look Ahead August 27, 2018 through September 10, 2018 Tuesday, September 4 6:00 pm, Community Room Council Work Session Thursday, September 6 6:30 pm, Community Room EDAC Monday, September 10 6:30 pm, Council Chambers Park Board Monday, September 10 6:00 pm, Community Room Council Work Session Monday, September 10 6:30 pm, Council Chambers City Council Meeting Updated 8/24/2018 CITY COUNCIL AGENDA Monday, August 27, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda 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 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 27, 2018 (Check No. 108728 through 108818) in the amount of $460,925.89 B) Consider Approval of August 6, 2018 Work Session Minutes C) Consider Approval of August 13, 2018 Council Meeting Minutes D) Consider Approval of August 2, 2018 Special Work Session Minutes E) Consider Resolution 18-107, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze. F) Consider Resolution No. 18-108, Accepting Donations for Family Corn Roast and Blue Heron Days 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Temporary Increase of Office Specialist Hours, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report Council Agenda -2- August 27, 2018 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 18-102, Approving Payment and Final, 2018 Street Maintenance (Reclamite) Project, Diane Hankee B) Consider Resolution No. 18-110, Approving Site Improvement Performance Agreement, Love to Grow On, Diane Hankee C) 2018 West Shadow Lake Drive Area Street Reconstruction, Diane Hankee i. Consider Resolution No. 18-105, Declare Cost to be Assessed ii. Consider Resolution No. 18-106, Calling Hearing on Assessment 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the council will reconvene for a special work session to discuss the 2019 budget (in the Community Room) Community Calendar – A Look Ahead August 27, 2018 through September 10, 2018 Tuesday, September 4 6:00 pm, Community Room Council Work Session Thursday, September 6 6:30 pm, Community Room EDAC Monday, September 10 6:30 pm, Council Chambers Park Board Monday, September 10 6:00 pm, Community Room Council Work Session Monday, September 10 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION August 6, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 6, 2018 4 TIME STARTED : 6:10 p.m. 5 TIME ENDED : 7:30 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz (arr. 6:20) and Mayor 8 Reinert 9 MEMBERS ABSENT : None 10 11 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 12 Swenson; Community Development Director Michael Grochala; City Clerk Julie Bartell 13 1. Lyngblomsten PUD Concept Plan – Community Development Director 14 Grochala introduced Kendra Lindahl, Landform, to review the concept plan report 15 (existing plans, P&Z comments, residents comments) for council comment. 16 Ms. Lindahl reviewed a PowerPoint presentation (on file) including information on: 17 18 - what’s included in concept plan; 19 - review of master plan in place for the area; 20 - a map of the concept planned development (mix of housing); 21 - noted that less commercial is included than originally envisioned (that type of 22 discretion is allowed under plans for the area); 23 - how the concept plan fits into density guidelines (found to be in compliance with 24 both master plan and comp plan); 25 - the transition of types of housing moving from the residential area (includes a 26 wooded buffer to adjacent neighborhood); 27 - final design of townhomes is not in place but concept was shown; 28 - large senior building is planned with different heights to avoid boxy look; 29 - transportation analysis (if the council is comfortable with access locations and 30 design, staff will move forward with a traffic study); 31 - Planning & Zoning recommendations reviewed (most of which are being 32 addressed currently); 33 - requested council director (mixed use, density, meeting project goals). 34 35 Mayor Reinert asked if there is an access proposed off of 85th. Community Development 36 Director Grochala explained that is ultimately planned with the development of the 37 corner. 38 39 The mayor noted that typically the density is a little worrisome but not the way it is laid 40 out. He would also encourage a covenant with the townhomes restricting them to 55+; 41 homeownership over rental would be preferable. 42 43 Council Member Maher wondered why the land of the former 49 Club isn’t currently 44 CITY COUNCIL WORK SESSION August 6, 2018 DRAFT 2 included. Staff indicated that it is a goal to get that cleaned up and they feel the 45 developer may ultimately be involved. 46 47 Council Member Rafferty asked for an explanation of the “main” road. Ms. Lindahl 48 noted that the main road will certainly be public; a private drive is being considered 49 within. Council Member Rafferty asked about the club house element and Ms. Lindahl 50 noted that it is a planned amenity for the residents but there are not specific plans at this 51 point. A representative of the developer outlined the concept they envision as a place for 52 mainly used for meetings. 53 54 Mayor Reinert asked, with no real negatives being expressed by the council, how would 55 this proceed. Mr. Grochala explained the steps that would come next, including a traffic 56 study. 57 58 Mayor Reinert remarked that the concept of buffering the adjacent neighborhood will be 59 an important element. 60 61 A resident requested that part of the traffic study should be consideration of the density of 62 the entire area. And the buffer is important. It would be more density than was 63 originally planned on the west side and they want to understand how that could impact 64 the other side. Mayor Reinert said he is sensitive to the matter of density and he thinks 65 that may be more specifically dealt with in the upcoming comp plan update. 66 67 An area resident asked how many emergency calls could be anticipated with this type of 68 development. Public Safety Director Swenson noted that the city currently has 69 experience with calls from an assisted living facility but that wouldn’t be the same as this 70 proposed facility, which includes 24-hour nursing. Mayor Reinert asked if it’s always 71 necessary to have the lights and sirens for the calls and Chief Swenson said if the police 72 are responding to an emergency they must have their lights/sirens going. 73 74 Mayor Reinert asked about timing to break ground. A representative of the developer 75 suggested a year from now would be about the quickest turn around. 76 77 Council Member Manthey commented that his major concern would be getting the 78 roadway access from the last piece down in the corner. 79 80 Mayor Reinert remarked that this is a developer who has had one facility for 100 years 81 and is now deciding to build; he has confidence that they are a good builder. 82 2. Review Social Media Policy – Administrator Karlson recalled that he had 83 presented a possible policy to the council and one that is being used by other cities. The 84 council asked that he get comments on the policy. He did get feedback from Council 85 Member Stoesz and has incorporated some of those ideas. 86 87 In summary, the changes relate to definitions, establishing a communications team for 88 CITY COUNCIL WORK SESSION August 6, 2018 DRAFT 3 each division, two factor authentication, archiving of social media posts, and employee 89 training. Council Member Stoesz said he has reviewed the policy and he is generally 90 supportive with the understanding that social media area is ever changing. 91 92 Public Safety Director Swenson noted how the Public Safety Department utilizes social 93 media and what is working. 94 95 The council will review the policy and Administrator Karlson will add to the council 96 agenda for next Monday. 97 3. Review Revised Council Code of Conduct Policy – Mayor Reinert remarked 98 that many of the changes seem to say the same thing as what was removed. 99 Administrator Karlson explained that his revisions seek to improve and perhaps more 100 clearly state the policy. 101 102 Council Member Rafferty said he’d like a little more time to review the policy and 103 receive along with that an explanation of the changes from Mr. Karlson. 104 105 Mayor Reinert said he is going to review also and provide his comments and thoughts to 106 the Administrator. 107 108 4. Election Update – City Clerk Bartell provided an update on elections. 109 Information was reviewed regarding polling places, presidential primary and new poll 110 pads that will be used in the city’s election precincts this year. A demonstration of new 111 equipment, the poll pad, was given. 112 113 5. Council Updates on Boards/Commissions, City Council - There were no 114 updates. 115 116 6. Monthly Progress Report – Administrator Karlson reviewed his written report. 117 He added that the council should set their next budget review date. The council 118 concurred to meet on August 22nd at 6:00 p.m. 119 120 7. Review Regular Agenda – The regular council agenda was reviewed and there 121 were no changes. 122 123 The meeting was adjourned at 7:30 p.m. 124 125 These minutes were considered, corrected and approved at the regular Council meeting held on 126 August 27, 2018. 127 128 129 130 Julianne Bartell, City Clerk Jeff Reinert, Mayor 131 132 COUNCIL MINUTES August 13, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : August 13, 2018 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:47 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT : Council Member Maher 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Diane Hankee; Director of 12 Public Safety John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was approved as presented. 21 22 SPECIAL PRESENTATION 23 Presentation of check to the Lino Lakes Parks & Recreation Department from the Lino Lakes Rotary 24 by Justin Larson. 25 CONSENT AGENDA 26 27 Council Member Manthey moved to approve the Consent Agenda, Items 1A through 1I, as presented. 28 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 29 30 ITEM ACTION 31 32 Consideration of Expenditures: 33 34 August 13, 2018 (Check No. 108624 through 108727) in Approved 35 the amount of $546,920.04 36 37 July 23, 2018 Council Work Session Minutes Approved 38 39 July 23, 2018 City Council Meeting Minutes Approved 40 41 Consider Approval of Resolution No. 18-95, Peddler Approved 42 License for Daniel Babbitt of Edward Jones 43 COUNCIL MINUTES August 13, 2018 DRAFT 2 Consider Approval of Resolution 18-96, Issuance of a Temp On-Sale 44 Intoxicating/3.2 Malt Beverage for The Tavern on Main – 45 Blue Heron Days Festival Approved 46 Consider Approval of Resolution 18-98, Individual Massage License 47 for Manel Rensham, Allure Salon Approved 48 Consider Approval of Resolution 18-99, Tobacco License for Ecig 49 Crib located at 7860 Lake Drive Approved 50 Consider Approval of Resolution 18-101, Special Event Permit 51 for the American Legion, Blue Heron Days Festival Approved 52 Consider Approval of Social Media Policy Approved 53 54 FINANCE DEPARTMENT REPORT 55 There were no reports from the Finance Department. 56 57 ADMINISTRATION DEPARTMENT REPORT 58 59 There were no reports from the Administration Department. 60 61 PUBLIC SAFETY DEPARTMENT REPORT 62 63 4A) Consider Donation of Seized Property – Public Safety Director Swenson reported that the 64 department is requesting authorization to donate forfeited bicycles. He noted the two non-profit 65 organizations that they propose to donate to. One of the organizations is at the request of the late 66 former Police Chief Livingston. 67 68 Council Member Rafferty moved to approve the donations as recommended. Council Member Stoesz 69 seconded the motion. Motion carried on a voice vote. 70 71 PUBLIC SERVICES DEPARTMENT REPORT 72 73 There was no report from the Public Services Department. 74 75 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 76 77 6A) Consider Resolution 18-89, Ordering the Project, Approving the Plans & Specifications and 78 Authorizing the Ad for Bid, 2018 Trunk Watermain and Trail Project - City Engineer Hankee 79 reviewed the written staff report, including noting the location of this year’s proposed projects. Bid 80 results would be brought back to council and the project would be complete this year, except for seeding, 81 etc. 82 83 Council Member Stoesz asked if some residents will have water turned off during construction. Ms. 84 Hanke said she’d investigate but she doesn’t believe that will be necessary. Ms. Hankee was asked to 85 consider the ebid process. 86 COUNCIL MINUTES August 13, 2018 DRAFT 3 87 Council Member Rafferty moved to approve Resolution No. 18-89 as presented. Council Member 88 Stoesz seconded the motion. Motion carried on a voice vote. 89 90 6B) Consider Resolution 18-100, Approving Change Order No. 1, 2017 Trail Maintenance 91 Project – City Engineer Hankee reviewed her written report outlining a change order requested on the 92 2017 Trail Maintenance Project. She explained the necessary changes. 93 94 Council Member Rafferty asked for more information on the Century Farms North element and 95 received assurance the project would be completed this year. 96 97 Council Member Manthey moved to approve Resolution No. 18-100 as presented. Council Member 98 Stoesz seconded the motion. Motion carried on a voice vote. 99 100 UNFINISHED BUSINESS 101 102 There was no Unfinished Business. 103 104 NEW BUSINESS 105 106 There was no New Business. 107 108 COMMUNITY EVENTS 109 110 BLUE HERON DAYS FESTIVAL ACTIVITEIS AND PARADE will be held the weekend of 111 August 17th, 18th and 19th. Please view the City of Lino Lakes website for the schedule of events. 112 113 COMMUNITY CALENDAR 114 115 Community Calendar – A Look Ahead 116 August 13, 2018 through August 27, 2018 117 118 August 17-19 Blue Heron Days 119 Wednesday, August 22 6:00 pm, Community Room Spec. Council Session 120 Monday, August 27 6:00 pm, Community Room Council Work Session 121 Monday, August 27 6:30 pm, Council Chambers City Council Meeting 122 123 ADJOURN 124 125 There being no further business, the meeting was adjourned at 6:47 p.m. 126 127 These minutes were considered and approved at the regular Council Meeting, August 27, 2018. 128 129 130 131 Julianne Bartell, City Clerk Jeff Reinert, Mayor 132 CITY COUNCIL WORK SESSION August 2, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 2, 2018 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 8:20 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner 13 1. 2019 Draft Budget & Tax Levy 14 a) Review Proposed 2019 Levy & Tax Rate 15 b) Review General Fund Forecast Gap Analysis 16 c) Review 2019 Personnel Requests 17 d) Department Overview of Adjustments to the Base Budget & Capital Outlay 18 e) Other Budgetary Items for Discussion 19 f) Proposed Capital Equipment Replacement 20 Finance Director Cotton reviewed the written staff report (on file). Division directors 21 presented information on their proposed budgets. 22 The council will review information presented for future discussion. 23 The meeting was adjourned at 8:20 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 August 27, 2018. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 33 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: August 27, 2018 TOPIC Consider Resolution No. 18-107, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze VOTE REQUIRED: 3/5 INTRODUCTION City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these regulations is to protect the health, safety and welfare of citizens by regulating time, place and manner of conduct by establishing permit requirements. The City charges a fee of $50 for special event permits. BACKGROUND The City has received an application from Waldoch Farm, Inc., to hold a special event on their property September 22 through October 31 daily. This is their fifth annual event. Since food is involved, a condition is being attached to their permit requiring Waldoch Farm, Inc. to contact Anoka County Environmental Services for approval. The Public Safety Department has reviewed the application and have signed off on the permit with conditions. Staff has reviewed the application and also signed off on the permit. RECOMMENDATION Waldoch Farm, Inc.’s application for a special event permit meets the requirements of the city code and has not been found to present any safety concerns with the exception that traffic from the event may not exit onto Elbe Street. Therefore, staff recommends that the council approve Resolution No. 18-107, Authorizing issuance of a Special Event Permit. ATTACHMENTS Resolution No. 18-107 CITY OF LINO LAKES RESOLUTION NO. 18-107 APPROVING A SPECIAL EVENT PERMIT FOR WALDOCH FARM, INC. PUMPKIN PATCH AND CORN MAZE WHEREAS, Doug Joyer, Assistant Grower/Field Manager/Beekeeper of Waldoch Farm, Inc. has submitted an application for a special event permit; and WHEREAS, Waldoch Farm, Inc. wishes to hold the fifth annual Pumpkin Patch/Corn Maze with attractions to bring citizens to their farm. All activities will be located on their property and WHEREAS, the Pumpkin Patch/Corn Maze would be held daily September 22 through October 31 from 10:00 a.m. to 7:00 p.m.; and WHEREAS, Waldoch Farm, Inc. is required to contact the Anoka County Environmental Services at 763-442-7069 to sell food. WHEREAS, the Waldoch Farm has submitted detailed plans to set up and operate the activities, including adequate parking plans; and WHEREAS, Waldoch Farm has requested to use Elbe Street as an alternate exit route for the special event. The Lino Lakes Public Safety Department recommended Elbe Street not be used as an exit for this event as there would be a significant number of vehicles which would impact residences on Elbe. WHEREAS, city staff has reviewed the special event plans and have determined that they meet the requirements of the City’s ordinances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby authorizes the issuance of a Special Event Permit to Waldoch Farms, Inc. to be held daily September 22 through October 31. Adopted by the Council of the City of Lino Lakes this 27th day of August, 2018. 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 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: August 27, 2018 TOPIC: Temporary Increase of Office Specialist Hours VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to temporarily increase the hours of the Public Services Office Specialist to full-time while the Administrative Assistant is out on maternity leave. BACKGROUND The Public Services Administrative Assistant is expected to be out on maternity leave starting early November. The Office Specialist works part-time (24 hours a week). Increasing the Office Specialist’s hours to full-time will help alleviate some of the workload. Temporarily increasing the part-time Office Specialist’s hours will not affect the budget. The Administrative Assistant will be on unpaid leave and she has not worked long enough with the City to be FMLA eligible. Therefore, the City will not be paying the employer’s portion of insurance premiums. RECOMMENDATION Approve temporarily increasing the Office Specialist’s hours to full-time while the Administrative Assistant is out on maternity leave. CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 27, 2018 TOPIC: Consider Resolution No. 18-102, Approving Payment and Final, 2018 Street Maintenance (Reclamite) Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to approve payment and final for the 2018 Street Maintenance (Reclamite) Project. BACKGROUND The 2018 Street Maintenance (Reclamite) Project included Wood Duck Trail, Lilac Street, Leonard Avenue, Jeanne Drive, and Town Center Parkway. The construction contract was in the amount of $87,730.80 and the final payment earned by the contractor for this project is $87,570.72. Thus the contract was under budget by $160.08. This project was funded through the annual Public Service – Streets budget. RECOMMENDATION Approve Resolution No. 18-102, Approving Payment and Final, 2018 Street Maintenance (Reclamite) Project in the amount of $87,570,72 to Corrective Asphalt Materials, LLC ATTACHMENTS 1. Resolution 18-102 2. Corrective Asphalt Materials Invoice CITY OF LINO LAKES RESOLUTION NO. 18-102 APPROVING PAYMENT AND FINAL FOR THE 2018 STREET MAINTENANCE (RECLAMITE) PROJECT WHEREAS, pursuant to resolution 18-77 of the Council adopted June 25, 2018, Accepting Qutoes and Awarding a Construction Contract, 2018 Street Maintenance (Reclamite) Project to Corrective Asphalt Materials, LLC, WHEREAS, a complete summary of costs are detailed in the invoice from Corrective Asphalt Materials, LLC, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the invoice from Corrective Asphalt Materials is approved for a final payment in the amount of $87,570.72. Adopted by the Council of the City of Lino Lakes this 27th day of August, 2018. 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 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 27, 2018 TOPIC: Consider Resolution No. 18-110 Approving Site Improvement Performance Agreement Love to Grow On (6499 Lakota Trail) VOTE REQUIRED: 3/5 BACKGROUND On May 14, 2018 the City Council approved a Conditional Use Permit for the Love to Grow On childcare center. The project is located at 6499 Lakota Trail, southeast corner of CSAH 34 (Birch Street) and CSAH 49 (Hodgson Road). Per Section 1007.020 Site and Building Plan Review: (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. (5) Performance Standards. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. The attached Site Improvement Performance Agreement addresses the site improvements for the building and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution No. 18-110. ATTACHMENTS 1. Resolution No. 18-110 2. Site Improvement Performance Agreement CITY OF LINO LAKES RESOLUTION NO. 18-110 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH LOVE TO GROW ON CHILDCARE WHEREAS, the City has completed the review of the site and building plans prepared for the proposed child care facility, Love to Grown On, located at 6499 Lakota Trail; and WHEREAS, the parcel is legally described as: Lot 1, Block 16, Millers Crossroads, Anoka County, Minnesota (PID 30 -31-22-44-0074); and WHEREAS, Section 1007.020(5)(d) 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 Love to Grow On Childcare 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 27th day of August, 2018. 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 Love to Grow On Site Performance Agreement page 1 of 10 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of ___________, 2018, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Love to Grown On Childcare (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 14th day of May, 2018, 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: Lot 1, Block 16, Millers Crossroads, Anoka County, Minnesota (PID 30-31-22-44-0074). 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. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. 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, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior Love to Grow On Site Performance Agreement page 2 of 10 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: Description of Improvements Estimated Costs 1. Lighting $ 8,750.00 2. Fences / Screen Structures $30,750.00 3. Trash Disposal Structures $30,000.00 4. Curbing / Islands / Delineators $18,915.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $67,710.00 6. Public Trails and / or Sidewalk $ 2,000.00 7. Private Trials and / or Sidewalk $18,375.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $50,000.00 9. Water mains / Hydrants / Sanitary Sewers $46,575.00 10. Landscaping $33,203.00 11. Site Grading $23,873.00 12. Erosion Control $ 4,200.00 Total Estimated Cost of Developer Improvements $334,351.00 Security Requirement (Total * 35%) $117,023.00 III. DEVELOPER FEES A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is Love to Grow On Site Performance Agreement page 3 of 10 $1,505.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,408.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,162.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,360.00 Per SAC Unit. C. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality Love to Grow On Site Performance Agreement page 4 of 10 improvements. The Surface Water Management Charge shall be based on developable acreage. Fee 1. Sanitary Sewer Trunk Unit Fee ($1,505/unit; 2.92 units/Acre) 1.84ac *$ 0.00 2. City Sewer Availability Fee ($1,408/SAC Unit) 16 units $22,528.00 3. Water Trunk Unit Fee ($2,162/unit; 2.92 units/Acre) 1.84ac *$ 0.00 4. City Water Availability Fee ($1,360/SAC Unit) 16 units $21,760.00 5. City Surface Water Management Fee ($10,225/Acre) 1.84 *$ 0.00 Total Developer Fees $44,288.00 *Paid with original development agreement for Millers Crossroads IV. RECORD DRAWINGS a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. 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. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 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. Love to Grow On Site Performance Agreement page 5 of 10 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, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. 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 sixty (60) 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 Developer’s Improvements 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: Love to Grow On Site Performance Agreement page 6 of 10 1. Site Plan Review Fee $ 1,500.00 2. Administration (Legal, Engineering, Planning, and Contract administration) $ 6,500.00 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $ 8,000.00 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 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 Love to Grow On Site Performance Agreement page 7 of 10 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 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 general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, 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; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) 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 its general contractor 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 days advance written notice of the Love to Grow On Site Performance Agreement page 8 of 10 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 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. 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. Love to Grow On Site Performance Agreement page 9 of 10 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. DEVELOPER CITY OF LINO LAKES By _________________________ By _________________________ Love to Grow On Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2018, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2018 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Love to Grow On Site Performance Agreement page 10 of 10 _______________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2018, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 27, 2018 TOPIC: 2018 West Shadow Lake Drive Area Street Reconstruction i. Consideration of Resolution No. 18-105, Declaring Cost to be Assessed ii. Consider Resolution No. 18-106, Calling Hearing on Proposed Assessment VOTE REQUIRED: 3/5 Vote INTRODUCTION Staff is requesting City Council consideration to declare the cost to be assessed, and call the hearing on proposed assessments for the 2018 West Shadow Lake Drive Area Street Reconstruction Project. BACKGROUND The City Council approved the Feasibility Study for the 2018 West Shadow Lake Drive Area Improvement project on December 11, 2017. Council then held a public hearing for the installation of sanitary sewer and watermain on West Shadow Lake Drive on January 22, 2018. After the public hearing there was a 60 day petition period. There were no petitions submitted. On July 23, 2018 Council ordered the project, approved the plans and specifications and authorized the ad for bid. Bids were received for the West Shadow Lake Drive project on August 21, 2018. The sanitary sewer and water construction costs as bid came in at $1,368,403.00. The feasibility study estimated construction cost was $1,314,460.00, which is a 4% increase. The total sanitary sewer and water project cost with contingencies and overhead is $1,753,756.00. The proposed funding is as follows: $943,343.00 Sanitary Sewer and Water Assessments $810,413.00 Trunk Area and Unit Fund $1,753,756.00 Total The cost of looping the water system to Birch Street and the alternate sanitary sewer is $369,000 of the $810,413.00. The remaining $441,413.00 of the trunk cost is the amount of sanitary sewer and water cost exceeding the proposed assessment amounts. The Council will need to determine whether they want to contribute that amount from the trunk utility, or alternately not proceed 2 with sanitary sewer and water and reject the bids. To increase the assessment amounts would require the assessment process be started over. Staff will provide additional information at the upcoming work session, however we are proposing to set up the public hearing to keep the project on schedule. The amount to be assessed against the abutting benefitted properties is $943,343.00. The proposed assessment role is enclosed. The assessments would be payable over 15 years at an interest rate of 5 percent. The next step in the process is to call for the hearing on the proposed assessment. The proposed hearing will be held at the September 24, 2018 City Council meeting. Notice of the meeting will be published in the City’s official newspaper (Quad Press). Mailed notice will be provided to each parcel owner not less than two weeks prior to the hearing. The assessments would be certified to Anoka County for taxes payable 2020. RECOMMENDATION Staff is recommending approval of Resolutions No. 18-105 and 18-106. ATTACHMENTS 1. Resolution No. 18-105 2. Resolution No. 18-106 3. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 18-105 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT 2018 WEST SHADOW LAKE DRIVE AREA STREET RECONSTRUCTION WHEREAS, the City of Lino Lakes received bids for the 2018 West Shadow Lake Drive Area Street Reconstruction Project on August 21, 2018 and the total project will be $1,753,756.00; and WHEREAS, Minnesota Statute 429.061 provides that the City Council shall determine by resolution the amount of the total expense a municipality will pay other than amount, if any, which it will pay as a property owner and the amount to be specially assessed. NOW, THEREFORE BE IT RESOLVED by The City Co uncil of The City of Lino Lakes: 1. The City’s share of the total cost of the above-described improvement is hereby declared to be $810,413.00 and the portion of the cost to be assessed against benefited property owners is declared to be $943,343.00. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2020 and shall bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City’s engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the assessment area affected, without regard to cash valuation, as provided by law, and file a copy of such proposed assessment in the Clerk’s office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council of the City of Lino Lakes this 27th day of August, 2018. 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 RESOLUTION NO. 18-106 A RESOLUTION CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT 2018 WEST SHADOW LAKE DRIVE AREA STREET RECONSTRUCTION WHEREAS, the City Council directed the City Clerk to prepare a proposed assessment roll for the sanitary sewer and water portion of the 2018 West Shadow Lake Drive Area Street Reconstruction Project. WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and is on file for public inspection. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The Notice of Assessment Hearing, attached hereto as Exhibit A is hereby approved and ratified. 2. A hearing shall be held on the 24th day of September, 2018, at Lino Lakes City Hall Council Chambers located at 600 Town Center Parkway, Lino Lakes, Minnesota at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The action of the Clerk to cause the attached Notice of Assessment Hearing to be published at least once in the official newspaper at least two weeks prior to the hearing and to mail the Notice to the owners of each parcel described in the assessment roll is hereby approved and ratified. The mailing will be not less than two weeks prior to the hearing. Adopted by the Council of the City of Lino Lakes this 27th day of August, 2018. 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 EXHIBIT A CITY OF LINO LAKES NOTICE OF SPECIAL ASSESSMENT HEARING 2018 WEST SHADOW LAKE DRIVE AREA STREET RECONSTRUCTION Notice is hereby given that the City Council will meet at 6:30 p.m. on September 24, 2018 at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 to consider, and possibly adopt, the proposed assessment against abutting properties, for the installation of sanitary sewer and watermain with the 2018 West Shadow Lake Drive Area Street Reconstruction Project. The total amount of the proposed assessment is $943,343.00. Adoption by the Council of the proposed assessment may occur at the hearing. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2020, and will bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The property owner may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. The property owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If the property owner decides not to prepay the assessment before the date given above the rate of interest that will apply is 5 percent per year. The proposed assessment roll is on file for public inspection at the City Clerk’s office. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§ 435.193 to 435.195 and City Code Section 303.10, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and City Code all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and City Code may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. ___________________________________ City Clerk