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HomeMy WebLinkAbout12-09-13 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday,December9,2013 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: MayorReinert,Council Members O’Donnell,Roeser, Rafferty& Stoesz City Administrator: Jeff Karlson CLOSED COUNCIL MEETING, 6:15P.M. 35E Assessment Appeal Action added to council agenda CITY COUNCIL MEETING, 6:30 P.M. 6:30 p.m. Call to Order – Council Members Stoesz, Roeser & Rafferty, O’Donnell and Mayor Roll Call - Reinert were present Pledge of Allegiance Open Mike / Public Comment none Setting the Agenda: Addition or deletion of agenda items The agenda was amended to add Item 6C, Settlement Agreementon I35E Interchange Improvement Proejct 1.CONSENT AGENDA A)Consideration of Expenditures: i)December 8, 2013(Check No. 97086through 97156)in the amount of $205,263.02; ii)Centennial Fire District (Check No. 6127through 6134) in the amount of $18,106.84); B)Consider approval of November 25, 2013 Work Session Minutes C)Considerapproval of November 25, 2013 Council Meeting Minutes D)ConsiderResolution No. 13-127Authorizing the Transfer of Funds from the Area and Unit Fund tothe 2005BG.O. Improvement Bond Debt Service Fund E)Consider Resolution No. 13-128Authorizing an Interfund Loan from the Sanitary Sewer Fund tothe 2005A G.O. Improvement Debt Service Fund Council Agenda-2-December 9, 2013 EXPANDED AGENDA F)ConsiderResolution No. 13-129Authorizing the Transfer of Funds from the Area and Unit Fund tothe 2012AG.O. Improvement Bond Debt Service Fund G)Consider Resolution No.13-136 Amending the City of Lino Lakes Flexible Spending Accounts Plan H)Consider Approval of Personnel Policy Revisions I)Consideration of Resolution No. 13-138Approving Transfers For Partial Installment Payment on Interfund Loan For Recreation Complex Land J)Consider approval of November 18, 2013 Special Council Session Minutes K)Consider approval of November 25, 2013 Liquor Compliance Hrg Minutes L)Consider Approval of Charter Commission Expenditures for Secretarial Services Action Taken: Motion by O’Donnellseconded by Roeser, to approve the Consent Agenda,Items 1A through 1L, as presented, was adopted 2.FINANCE DEPARTMENT A)Public Hearing –2013/14Property Tax Levy and 2014Budget i) Consider Resolution No. 13-130, Adopting the Final 2013Tax Levy Collectible in 2014 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 13-130as presented, was adopted ii)Consider Resolution No. 13-131, Adopting the Final 2014General Operating Budget Action Taken: Motion by Roeserseconded by O’Donnell, to approve Resolution No. 13-131as presented, was adopted iii) Consider Resolution No. 13-132, Adopting the 2014Water and Sewer Operating Budget Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 13-132as presented, was adopted iv)Consider Resolution No. 13-133, Adopting the 2014Recreation Fund Budget Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-133as presented, was adopted B)Consider Resolution No. 13-134Amending the 2013General Operating Budget Action Taken: Motion by O’Donnell, seconded by Roeser, to approve Resolution No. 13-134as presented, was adopted Council Agenda-3-December 9, 2013 EXPANDED AGENDA C)Consider Resolution No. 13-135Committing Specific Revenue Sources in Special Revenue Funds Action Taken: Motion by O’Donnell, seconded by Roeser, to approve Resolution No. 13-135as presented, was adopted 3.ADMINISTRATION DEPARTMENT A)2014 City Fee Schedule, Al Rolek i) Consider Second Reading and Adoption of Ordinance No. 12-13 approving the 2014 City Fee Schedule Action Taken: Motion by O’Donnell, seconded by Rafferty, to approve nd 2Reading and passage of Ordinance No. 12-13as presented, was adopted:Yeas, 5; Nays none ii) Consider ResolutionNo. 13-139, Approving summary publication of Ordinance No. 12-13 Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 13-139as presented, was adopted B)Consider Approval of 2013 Labor Agreement with AFSCME, Local 2454 Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the labor agreement as recommended, was adopted 4.PUBLIC SAFETY DEPARTMENT A)Hiring of afulltime Police Officer-Jesse Clark, Chief John Swenson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve hiring of Mr. Clark as recommended, was adopted 5.PUBLIC SERVICES DEPARTMENT nd A)2Reading of Ordinance No. 11-13 Adjusting the Water and Sewer Utility Rate Schedule, Rick DeGardner nd Action Taken: Motion by Roeser, seconded by Rafferty, to approve 2 Reading and passage of Ordinance No. 11-13as presented, was adopted: Yeas, 5; Nays none 6.COMMUNITY DEVELOPMENT DEPARTMENT A)Alino Addition, Katie Larsen i.Consider Resolution No. 13-121 Approving the Final Plat for Alino Addition ii.Consider Resolution No. 13-122 Approving Development Agreement for Alino Addition iii.Consider Resolution No. 13-123 Approving Declaration of Access Control for Alino Addition Action Taken: Motion by Rafferty, seconded by Stoesz, to approve ResolutionsNo. 13-121, 13-122, & 13-123as presented, was adopted Council Agenda-4-December 9, 2013 EXPANDED AGENDA B)Consideration of Resolution No. 13-137, Approving Site Performance Agreement with Northern Wholesale, Jason Wedel Action Taken: Motion by Roeser, seconded by O’Donnell,to approve Resolution No. 13-137as presented, was adopted C)Consideration of Resolution No. 13-140, Approving a Settlement Agreement with Paul Miller and PKM of Anoka County regarding the I35E/CSAH 14 Interchange Improvement Project, Michael Grochala (Item added to agenda following closed meeting 12/9) Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-140as presented, was adopted 7.UNFINISHED BUSINESS None 8.NEW BUSINESS None Adjournment Action Taken: Motion by O’Donnell, seconded by Roeser, to approve Resolution No. 13-137as presented, was adopted Community Calendar–A Look Ahead December 9,2013through December 23,2013 Wednesday, December116:30 pm, Council ChambersPlanning & Zoning Wednesday, December 186:30 pm, Council ChambersEnvironmental Board Monday, December165:30 pm, Community RoomCouncil Work Session Monday, December166:30 pm, Council ChambersCity Council Meeting CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 11/16/2013 - 11/19/2013Nov 19, 2013 01:58PM Report Criteria: Report type: Summary Check.Check number = 6127-6134 GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 11/1311/19/2013612710850ANOKA COUNTY TREASURY DDECEMBER BROADBAND187.50 11/1311/19/2013612830485CENTER MARTSEPT/OCT FUEL401.48 11/1311/19/2013612930500CENTURY LINKCOMMUNICATIONS57.13 11/1311/19/2013613070725GUITAR CENTERFEMA-PORTABLE PA SYSTEM/7,343.83 11/1311/19/20136131160130PERFORMANCE PLUS LLCRECRUITMENT PHYSICALS320.00 11/1311/19/20136132190050SBM FIRE DEPARTMENTFEMA-PPE9,600.00 11/1311/19/20136133210232UNI-SELECTVEH SUPPLIES-WIPERS/MISC91.61 11/1311/19/20136134220200VERIZON WIRELESSCOMMUNICATIONS105.29 Grand Totals:18,106.84 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 1 Input Dates: 11/16/2013 - 11/19/2013Nov 19, 2013 02:54PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 11/19/2013 10850 ANOKA COUNTY TREASURY DEPT. ANOKA CO108502321741InvoiDECEMBER BROADBAND11/19/201311/19/2013187.50801-42-2210-32111/13 Total 10850 ANOKA COUNTY TREASURY DEPT.:187.50 30485 CENTER MART CENTER M304851119131InvoiSEPT/OCT FUEL11/19/201311/19/2013401.48801-42-2210-21211/13 Total 30485 CENTER MART:401.48 30500 CENTURY LINK CENTURY 305001119131InvoiCOMMUNICATIONS11/19/201311/19/201357.13801-42-2210-32111/13 Total 30500 CENTURY LINK:57.13 70725 GUITAR CENTER GUITAR CE7072511/19/131InvoiFEMA-PORTABLE PA SYSTEM/11/19/201311/19/20137,343.83801-42-2350-21911/13 Total 70725 GUITAR CENTER:7,343.83 160130 PERFORMANCE PLUS LLC PERFORM16013035991InvoiFEMA-MEDICAL EXAM11/19/201311/19/2013225.00801-42-2350-30811/13 PERFORM16013036301InvoiRECRUITMENT PHYSICALS11/19/201311/19/201395.00801-42-2210-30811/13 Total 160130 PERFORMANCE PLUS LLC:320.00 190050 SBM FIRE DEPARTMENT SBM FIRE 19005000463695/1InvoiFEMA-PPE11/19/201311/19/20139,600.00801-42-2350-56011/13 Total 190050 SBM FIRE DEPARTMENT:9,600.00 210232 UNI-SELECT UNI-SELEC2102321119131InvoiVEH SUPPLIES-WIPERS/MISC11/19/201311/19/201391.61801-42-2210-21311/13 Total 210232 UNI-SELECT:91.61 220200 VERIZON WIRELESS VERIZON 220200971443051InvoiCOMMUNICATIONS11/19/201311/19/2013105.29801-42-2210-32111/13 Total 220200 VERIZON WIRELESS:105.29 Total 11/19/2013:18,106.84 11/19/2013 GL Period Summary GL PeriodAmount 11/1318,106.84 Grand Totals:18,106.84 Grand Totals:18,106.84 Report GL Period Summary CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 2 Input Dates: 11/16/2013 - 11/19/2013Nov 19, 2013 02:54PM GL PeriodAmount GL PeriodAmount 11/1318,106.84 Grand Totals:18,106.84 Vendor number hash:1083302 Vendor number hash - split:1083302 Total number of invoices:9 Total number of transactions:9 Terms DescriptionInvoice AmountDiscount AmountNet Invoice Amount Open Terms18,106.84.0018,106.84 Grand Totals:18,106.84.0018,106.84 CITY COUNCIL WORK SESSIONNovember 25, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE:November 25, 2013 4 TIME STARTED:5:30p.m. 5 TIME ENDED:6:10p.m. 6 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, 7 Rafferty,Roeserand Mayor Reinert 8 MEMBERS ABSENT:None 9 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Jason Wedel; 12 Community Development Director Michael Grochala; Public Safety Director John 13 Swenson; Finance Director Al Rolek; Public Services Director Rick DeGardner; City 14 Planner Katie Larsen; City Clerk Julie Bartell 15 16 1.Installation of Flashing Yellow Left Turn Signals –Council Member Roeser 17 indicated that he had added this item to the agenda after discussing the idea with Council 18 Member Stoesz. The suggestion is that the city research the possibility of allowing left- 19 turn privileges without a green light at some traffic signal controlled intersections. He 20 understands that may include working with Anoka County on some intersections. City 21 Engineer Wedel noted that he has spoken with Anoka County about this matter and hears 22 that they agree that flashing yellow turn signals are acceptable in appropriate locations. 23 st He noted one area in the city where a flashing yellow exists already (21Avenue and 24 Main Street). 25 26 Council Member Stoesz suggested that it would be seem appropriate to see where this 27 could be practical, such as where new traffic control is being added (Ware Road). 28 Engineer Wedel replied that, based on the layout of that intersection he suspects that the 29 County would require further analysis. Also it is more efficient and less costly to include 30 the flashing feature when equipment is installed rather that add to existing situations. 31 32 The mayor suggested that staff report back with more information on possibilities, 33 including costs, threshold for change and process for making a change. He suspects that 34 there’s information out there already. 35 36 2.Proposed Auto Auction Business in Columbus –Council Member Roeser noted 37 that a letter was received about an auto auction business on the border of Lino Lakes. He 38 may have an issue on what resources will be drawn from our city due to the business, i.e. 39 massive trucks driving on the city streets. It needs to be workable for all affected. 40 41 The mayor asked Community Development Director Grochala to report on what tools our 42 city has to be a part of the discussion. Mr. Grochala explained that the City of Columbus 43 will have a review process forthe proposed business, including consideration of a 44 conditional use permit to allow the facility. The project is currently being reviewed by 45 1 CITY COUNCIL WORK SESSIONNovember 25, 2013 DRAFT their planning advisory group. He has discussed the situation with the city administrator 46 and found that the plans do not currently call for any access to Zodiac Street nor does the 47 city support that access. Mayor Reinertconfirmed that any neighborhood traffic increase 48 in Lino Lakes would be a problem. Mr. Grochala added that he will forward an official 49 letterto the City of Columbus on the city’s concerns. When Council Member O’Donnell 50 asked if there are any environmental concerns related to the use, Mr. Grochala indicated 51 that there may be some discrepancy in the numbers of auto for auction that would be 52 involved; the actual size proposed doesn’t trigger an environmental impact review. 53 Beyond that official review, the council would like to know that the city review is 54 concerned about all aspects of the project but especially on any traffic implications. 55 56 3.Review Regular Agenda of November 25, 2013 - 57 58 -Liquor License Compliance Violation Hearing –The Police Department will be 59 reporting on a violation at the Tavern on Main, selling to an underage individual. 60 The council will consider a fine based on the adopted Best Practices grid. 61 -Item 3A –2014 Fee Schedule –Finance Director Rolek indicated that fees have 62 been updated based on department director recommendations. He noted that 63 utility rates will be discussed as a separate item. When Council Member Stoesz 64 asked about capping building fees to make it easier for builders, Community 65 Development Director Grochala explained that fees are on tiersbased on the state 66 code although there are some tiers included in certain areas. The mayor 67 confirmed that fees being charged are based on costs to the city. Council Member 68 Roeser asked that staff review the cost proposed for providing copies. He isn’t 69 certain that the 25 cents per page would cover larger and/or frequent requests and 70 this should represent the costof providing the services. While the schedule does 71 include a way to charge for staff time, that may not be triggered by many singular 72 requests. The mayor suggested that staff take a look. 73 – -Item 3B –Amendment to Centennial Fire District Joint Powers Agreement 74 Mayor Reinert explained briefly that this item relates to an on-going discussion 75 about governance of the Fire District. The joint powers agreement that governs 76 the district dates back about 20 years and things have changed in that period as he 77 hasseen as a member of the steering committee. He believes this is a good time 78 to do something about voting authority so that itmore closely mirrorsthe costs. 79 He is suggesting an amendment to the JPA that gives some veto powerto Lino 80 Lakes. He understands that the other cities in the JPA are asking why they 81 shouldn’t have the same veto power and his answer is that he doesn’t see any 82 reason that they shouldn’t. The amendment is under discussion and acceptance 83 by the other cities is required for that tomove ahead. The council briefly 84 discussed requirements for withdrawal from the JPA 85 86 The meeting was adjourned at 6:10 p.m. 87 88 2 CITY COUNCIL WORK SESSIONNovember 25, 2013 DRAFT These minutes were considered, corrected and approved at the regular Council meeting held on 89 December 9, 2013. 90 91 92 93 94 Julianne Bartell, City ClerkJeff Reinert, Mayor 95 96 3 COUNCIL MINUTESNovember 25, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE:November 25, 2013 5 TIME STARTED:6:30 p.m. 6 TIME ENDED:7:05 p.m. 7 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, Rafferty, 8 Roeser,and Mayor Reinert 9 MEMBERS ABSENT:none 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Jason Wedel; Chief of Police 12 John Swenson; Finance Director Al Rolek; Public Services Director Rick DeGardner; and City Clerk 13 Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to addressthe council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 Theagenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member O’Donnellmovedto approve Consent Agenda Items 1A and 1B aspresented. 26 Council Member Roeserseconded the motion. Motion carried on a unanimous voice vote. 27 28 Council Member Rafferty moved to approve Consent Agenda Items 1C through 1E as presented. 29 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member 30 O’Donnell abstained from voting. 31 32 ITEMACTION 33 34 Consideration of Expenditures: 35 36 November 25, 2103(Check No.96968– 37 97085, $590,108.24)Approved 38 39 Centennial Fire District (Check No. 6099- 40 6134, $74,767.85)Approved 41 42 November 4, 2013 Work SessionMinutesApproved 43 44 November 12, 2013 Council Meeting MinutesApproved 45 1 COUNCIL MINUTESNovember 25, 2013 DRAFT 46 November 12, 2013 Canvassing Board MinutesApproved 47 48 November 12, 2013 Closed Council Session Minutes Approved 49 50 FINANCE DEPARTMENT REPORT 51 52 There was no report from the Finance Department. 53 54 ADMINISTRATION DEPARTMENT REPORT 55 56 st 3A)1Reading of Ordinance No. 12-13, Establishing the 2014 Fee Schedule –Finance 57 Director Rolek explained the process used to review the city’s fee schedule each year. The changes 58 recommended this year are basically updates and bringing charges in line with costs. 59 60 st Council Member O’Donnell moved to approve the 1Reading of Ordinance No. 12-13 as presented. 61 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 62 63 3B)Amendment to Section 2.6 ofthe Centennial Fire District Joint Powers Agreement – 64 Mayor Reinertexplained the history of the joint powers agreement governing the structure and 65 operations of the Centennial Fire District. He has concerns about the voting authority versus the 66 funding authority as it occurs through that agreement. The City of Lino Lakes is required to pay more 67 than70 percent of the costs of operation and, looking to the future, that amount will undoubtedly 68 continue to grow. He explained the amendment that he is proposing to the agreement that would 69 essentially give the city a form of veto power which he thinks is very appropriate considering the 70 city’s funding role. That amendment was presented to the fire district steering group that includes 71 representatives from the three cities included in the district –Lino Lakes, Centerville and Circle 72 Pines. He noted that the amendment would require approval of all three cities and the question was 73 asked as to why the other cities shouldn’t have the same veto power proposed for Lino lakes; his 74 answer to that is why not. The mayor said he believes the proposed amendment would make the 75 agreement stronger. He announced that he would be happy to hear from citizens who have any 76 questions or opinions on the matter. 77 78 Council Member O’Donnell moved to approve the amendment to the Centennial Fire District Joint 79 Powers Agreement as follows: Revise Section 2.6 of the Agreement by adding the following 80 language at the end of paragraph one: “However, passage of a motion shall requirean affirmative 81 vote from one member of each member city.” Council Member Roeser seconded the motion. Motion 82 carried on a unanimous voice vote. 83 84 3C)Liquor Compliance Hearing –The Tavern on Main (hearing held previous to the council 85 meeting) -Public Safety Director Swenson noted that the hearing was conducted earlier in the 86 evening. The council heard about the violation (serving underage individuals), heard the licensee take 87 responsibility for the action and recommended imposing a fine of $500. 88 89 2 COUNCIL MINUTESNovember 25, 2013 DRAFT Council Member Rafferty moved to approve Resolution No. 13-25 imposing a fine of $500 upon The 90 Tavern on Main for a liquor compliance violation occuring on August 28, 2013. Council Member 91 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 92 93 3D)Resolution No. 13-126, Forwarding a grant application to the Minnesota Secretary of 94 State requesting funding for an automatic door opener to improve accessibility at the city’s 95 voting Precinct 6, Living Waters Lutheran Church -City Clerk Bartellexplained that the 96 Minnesota Secretary of State’s Office has funding available for grants to improve accessibility at 97 polling places. Staff has received a request from Living Waters Lutheran Church (Precinct 6) for a 98 grant to install equipment for automatic door openers. City staff have prepared a grant application 99 and is requesting that the council authorize submission with the understanding that terms and 100 conditions would be considered if grant authority is given. 101 102 Council Member Roeser moved to approveResolution No. 13-126 as presented. Council Member 103 O’Donnell seconded the motion. Motion carried on a unanimous voice vote 104 105 PUBLIC SAFETY DEPARTMENT REPORT 106 107 There was no report from the Public Safety Department. 108 109 PUBLIC SERVICES DEPARTMENT REPORT 110 111 st 5A)Public Hearing and 1Reading of Ordinance No. 11-13, Adjusting Water and Sewer 112 Utility Rates –Public Services Director DeGardnerreported that the council received the results of a 113 utility rate study prepared by Springsted, Inc.in February and has discussed the data at several work 114 sessions since that time. He explained the nature of the city water and sewer funds and the need to 115 maintain them as an enterprise whereby they collect revenue needed for costs, including anticipated 116 future costs such as capital needs and depreciation (in the case of sewer infrastructure). The proposed 117 rate adjustments for the water and sewer fund are expected to provide sufficient revenue and are 118 proposed for 2014 and 2015. Staff is recommending approval of the ordinance and that rates be 119 implemented in January of 2014. 120 121 Council Member Stoesz asked, if a resident wants to understand the individual impact of the rate 122 increases, how could they find that out? Mr. DeGardner responded that they could call the utility 123 billing division for a check of their use and an estimate. 124 125 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 126 hearing was closed at 6:52 p.m. 127 128 Mayor Reinert remarked that this council doesn’t taking the raising of rates lightly, but in the case of 129 utilities, they must be realistic. The fact is that there hasn’t been an increase in rates for some time. 130 He noted also that the much of the sewer charge is based on Metropolitan Council charges not within 131 the city’s control. He feels the council has had a thorough review and is prepared to do what is 132 necessary. 133 134 3 COUNCIL MINUTESNovember 25, 2013 DRAFT st Council Member Roeser moved to approve the 1Reading of Ordinance No. 11-13 as presented. 135 Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 136 137 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 138 139 6A)Resolution No. 13-124, Approving Final Payment for the 2013 Street Overlay Project – 140 City Engineer Wedel reviewed this year’s overlay project area. He noted that the project contractor 141 has finished the work and is requesting a final payment. He reviewed some small changes and 142 impacts on the final cost. The project did remain within the original estimated budget. Council 143 Member Rafferty asked about the life expectancy of a road that has been overlaid and Mr. Wedel said, 144 with continued maintenance such as crack and seal, the road should last an additional 20 to 30 years. 145 146 Council Member Rafferty moved to approve Resolution No.12-134 as presented. Council Member 147 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 148 149 UNFINISHED BUSINESS 150 151 There was no Unfinished Business. 152 153 NEW BUSINESS 154 155 There was no New Business. 156 157 COMMUNTY EVENTS 158 159 SECRET HOLIDAY SHOPPINGheld at Lino Lakes City Hall on December 11 & 12, 2013 from 160 4:30 p.m. to 7:00 p.m. For more information call 651-982-2445 161 162 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFFlocations are located at Lino Lakes City 163 Hall and Police Department. Collection of toys and food for the upcoming holiday will serve folks 164 right here in ourcommunity. For more information, please contact Lisa Hogstad at 651-982-2424. 165 166 COMMUNITY CALENDAR 167 168 Community Calendar –A Look Ahead 169 November 26,2013through December 9, 2013 170 Monday, December 2 5:30 pm, Community RoomCouncil Work Session 171 Thursday, December 58:00 am, Community RoomEDAC 172 Tuesday,December 96:30 pm, Council ChambersCity Council Meeting 173 174 ADJOURN 175 176 There being no further business, Council MemberRoesermoved to adjourn at 7:05p.m. Council 177 Member Raffertyseconded the motion. Motion carried unanimously. 178 179 These minutes were considered and approved at the regular Council Meeting, December 9, 2013. 180 4 COUNCIL MINUTESNovember 25, 2013 DRAFT 181 182 183 184 Julianne Bartell, City ClerkJeff Reinert, Mayor 185 186 5 CITY COUNCIL CONSENT AGENDA ITEM 1D STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Resolution No. 13-127Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005BG.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 1998A Debt Service Fund was established to service the debt on the 1997 and 1998 improvement projects. The 1998A issue was subsequently refunded by the 2005B bondissue. The original debt was to be retired using special assessments to benefited properties and resources of the Area and Unit Fund. . Resolution 13-127would transfer the necessary funds from the Area and Unit Fund to maintain debt $347,600.00 service requirements.The amount of the transfer is . RECOMMENDATION Staffrecommendsapproval ofResolution 13-127. ATTACHMENTS Resolution 13-127. CITY OF LINO LAKES RESOLUTION NO. 13-127 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2005B G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS , a portion the 2005B Bond issue refunded the original 1998A bond issue, and WHEREAS , these bonds were originally sold to finance 1997 and 1998 Construction Projects, and WHEREAS , resources of the Area and Unit Fundwere pledged toward the retirement of the 1998A Bond issue. NOW, THEREFORE, BE IT RESOLVED , that the following transfer be adopted: IncreaseDecrease Imp. Bonds 2005B (328)$347,600.00 Area and Unit Fund (406)$347,600.00 Adoptedby the Council of the City of Lino Lakes this 9thday of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consider Resolution No. 13-128Authorizing an Interfund Loan From the Municipal Buildings and FacilitiesFund to the 2005A G.O. Improvement Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND Asthe City Council is aware, the property fortheLegacy at Woods Edge projectwenttax forfeitin 2010. As such, delinquencies in the collection of special assessments levied against the property have been unpaid and, in fact, the assessments have been de-certified. The special assessments financedthe installation of public improvements in the development and wereneeded to service the outstanding debt on those improvements. Due to the delinquency of special assessments on the developed parcels, a cash deficit now exists in the debt service fund. Since 2008staff has recommended that interfund loans be authorized at necessary intervals to service the outstanding debt until the delinquent special assessments are collected or until alternative financing solutions are available, at which time the loans will be repaid. Most recently theMunicipal Buildings and Facilitiesfundhas been the source of the interfund loans.Special legislation approved in 2011 allows the city to use tax increments from TIF District 1-10 toward the retirement of this debt, reducing the burden on the Municipal Buildings and Facilities fund.Additionally, the expansion of the Lino Lakes Assisted Livingfacilityhas resulted in the payment of the outstanding special assessments on that parcel, significantlyreducing the amount of interfund loan needed for paying annual debt service. Resolution No. 13-128authorizes an interfund loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund to temporarily service the unfunded outstanding debt and eliminate the existing cash deficit. RECOMMENDATION Staff recommends the approval of Resolution 13-128. ATTACHMENTS Resolution 13-128. CITY OF LINO LAKES RESOLUTION NO. 13-128 RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE MUNICIPAL BUILDINGS AND FACILITIES FUND TO THE 2005A G.O. IMPROVEMENT DEBT SERVICE FUND WHEREAS , the 2005A G.O. Improvement Debt Service Fund currently has a cash deficit due to delinquencies in the collection of special assessments, and WHEREAS, an interim source of financing is necessary to service the outstanding debt, and WHEREAS , it is staff’s recommendation that an interim interfund loan be made from the MunicipalBuildings and Facilities Fund until the delinquent special assessments are collected or an alternative financing source is established, at which time the interfund loan will be repaid. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, that the following interfund loan be authorized and recorded effective December 31, 2013: IncreaseDecrease 2005A G.O. Imp Fund (327)$97,640.00 Mun Buildings & Facilities Fund (401)$97,640.00 Adopted by the Council of the City of Lino Lakes this 25th day of November, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Resolution No. 13-129Authorizing the Transfer of Funds from the Area and Unit Fund to the 2012A G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND A portion of the 2012A Debt Service Fund refundedthe original 1996A bond issue. The 1996A debt was to be retired using special assessments and resources of the Area and Unit Fund. Resolution 13-129authorizes thetransfer ofnecessary funds from the Area and Unit Fund No. for 2013debt service needs.The amount of the transfer is $78,438.00. RECOMMENDATION Staff recommends that the City Council approve Resolution 13-129. No. ATTACHMENTS Resolution 13-129. CITY OF LINO LAKES RESOLUTION NO. 13-129 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2012A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, a portion of the 2012A bond issue refunded the original 1996A bond issue, and WHEREAS , the refunded portion of this bond issue was originally sold to finance 1996 Construction Projects, and WHEREAS , resources of the Area and Unit Fund were pledged toward the retirement of the 1996A bond issue. NOW, THEREFORE, BE IT RESOLVED , that the following transfer be adopted: IncreaseDecrease Imp. & Refunding Bonds 2003A (324)$78,438.00 Area and Unit Fund (406)$78,438.00 Adopted by the Council of the City of Lino Lakes this 25thday of November, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CONSENT AGENDA ITEM 1G STAFF ORIGINATOR: Al Rolek MEETING DATE: December 9, 2013 TOPIC: ResolutionNo.13-136,Resolution Amending the City of Lino Lakes Flexible Spending Accounts Plan VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: It is recommended that the city’sFlexible Spending Accounts Planbe amended to incorporate any changes that may have occurred. The last plan document was updated in 2010. The following resolution incorporates onechange to the current plan document. Itis: st •The plan changes the Commencement of Participation from 1of st the month following six months of employment to 1of the month following 60 days of employment(change needed due to Health Care Reform Act). •The plan incorporates theHeart Act Amendment. •The Plan incorporates the carryover of FSA funds (up to $500) from one plan year to the next. OPTIONS: 1.Approve Resolution 13-136. 2.Return to Staff for further review. 2.Deny Resolution 13-136. RECOMMENDATION: Option 1. CITY OF LINO LAKES RESOLUTION NO. 13-136 RESOLUTION AMENDING THE CITY OF LINO LAKES FLEXIBLE SPENDING ACCOUNTS PLAN WHEREAS, the plan was adopted per Resolution No. 78-90 with the effective date of January 1, 1991, and WHEREAS, the plan was amended and restated per Resolution No. 95-156 with an effective date of January 1, 1996, and again per Resolution No. 00-119 with an effective date of January 1, 2001 and again per Resolution No. 03-07 with an effective date of January 1, 2003, and again per Resolution No. 05-181 with an effective date of January 1, 2006,and again per Resolution No. 07-204 with an effective date of January 1, 2008, and again per Resolution 11-13, with an effective date of December 31, 2010, and WHEREAS,the City of Lino Lakes wishes to amend the plan document effective January 1, 2014, to include the following; st •The Planchanges the Commencement of Participation from 1of st the month following six months of employment to 1of the month following 60 days of employment (change needed due to Health Care Reform Act). •The Plan incorporates the Heart Act Amendment. •The Plan incorporates the carryover of FSA funds (up to $500) from one plan year to the next. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lino Lakes that: 1.The City of Lino Lakes Flexible Spending Accounts Plan be amended and adopted in the form presented to the City council effective as of January 1, 2014. Adopted by the Lino Lakes City Council this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________ Jeff Reinert, Mayor _________________________ Julie Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR:Jeff Karlson MEETING DATE:December 9, 2013 TOPIC:Personnel Policy Revisions VOTE REQUIRED:3/5 INTRODUCTION The City Council is being asked to approve revisions to the City of Lino Lakes Personnel Policy. BACKGROUND The Personal Policy is an important tool for communicating policies and procedures to employees. Periodically, revisions need to be made to ensure that the policies achieve organization goals and will stand up to legal scrutiny. The Council reviewed the recommended revisions at the December 2 work session, which include the following sections: 2.1Definitions. The Minnesota marriage amendment nullifies the original intent of the “Domestic Partnerships” language and will be removed from the policy. 3.3Probationary Period. Newly hired full-time and part-time employees will serve a “one-year” probationary period unless specified otherwise in a labor agreement. 3.6Promotions. Promotions are subject to a “six-month” probationary period. 6.3Sick Leave. In accordance with the new state law expanding sick leave benefits, employees may use sick leave to care for a spouse, child, adult child, parent, stepparent, or grandparent. 6.7Funeral Leave. Policy revised to allow for five days funeral leave for the death of a spouse or child (previously three days) and one day for a grandparent, niece, or nephew (previously three days). 6.15Leave without Pay. Entire paragraph removed from Section 6. 6.18PTO Leave. Employees who elect PTO benefits may access extended leave accrual for an illness or injury that extends beyond five work days(previously ten days). 7.3Mobile Phones. In accordance with an IRS ruling that monthly stipends for personal cell phones are considered a de minimus benefit and not taxable, this section has been revised. RECOMMENDATION Approval of Personnel Policy revisions to Sections2.1, 3.3, 3.6, 6.3, 6.7, 6.15, 6.18, and 7.3. CITY COUNCIL AGENDA ITEM 1I STAFF ORIGINATOR Al Rolek MEETING DATE 12/9/13 TOPIC Consideration of Resolution No. 13-138 Approving Transfers For Partial Installment Payment on Interfund Loan For Recreation Complex Land VOTE REQUIRED Simple Majority BACKGROUND The City Council approved Resolution No. 06-212 providing for the repayment of the interfund loan for the Recreation Complex land. In 2012, the Dedicated Parks fund balance was depleted and the fund is not able to contribute 50% of the payment at this time. The City Council has determined that the General Fund portion of the payment plan will continue in the absence of the Dedicated Parks payment. Resolution No. 13-138 approves the transfers necessary to make the 2013 partial installment of the approved repayment program. RECOMMENDATION Staff recommends approval of Resolution No. 13-138. ATTACHMENTS Resolution 13-138. CITY OF LINO LAKES RESOLUTION NO. 13-138 RESOLUTION APPROVING TRANSFERS FOR PARTIAL INSTALLMENT PAYMENT ON INTERFUND LOAN FOR RECREATION COMPLEX LAND WHEREAS , in 1999 the City purchased land for the purpose of creating a recreation complex, and; WHEREAS , a temporary interfund loan was made from the Area and Unit Fund (406) to the Dedicated Parks Fund (405) for the purchase of said land, and; WHEREAS , the City Council to approved Resolution No. 06-212 providing for a plan to repay the interfund loan from the General Fund and Dedicated Parks Fund, and, WHEREAS , the Dedicated Parks fund balance was depleted in 2012, and, WHEREAS , the City Council wishes to continue to pay the General Fund portion of the payment plan. NOW, THEREFORE, BE IT RESOLVED , by the Lino Lakes City Council that the following transfers are approved to pay the General Fund portion of the 2013 installment on the Recreation Complex Interfund Loan: From To Amount General Fund Dedicated Parks Fund $50,000.00 Dedicated Parks Fund Area and Unit Fund $50,000.00 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2011. 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 WORK SESSIONNovember 18, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE:November 18, 2013 4 TIME STARTED:5:30p.m. 5 TIME ENDED:7:30p.m. 6 MEMBERS PRESENT : CouncilMember Stoesz, O’Donnell, 7 Rafferty,Roeserand Mayor Reinert 8 MEMBERS ABSENT:None 9 10 11 Staff members present: City Administrator Jeff Karlson; Community Development 12 Director Michael Grochala; City Engineer Jason Wedel; City Planner Katie Larsen; 13 FinanceDirector Al Rolek 14 15 Members of the city Planning & Zoning Board, Park Board, Environmental Board, 16 Economic Development Advisory Committee, and Charter Commission were invited to 17 the meeting and some members were in attendance. 18 19 1.Public Improvement Financing Presentation–Michael Grochala and Steve 20 Bubul (Kennedy & Graven) –Mayor Reinert called the meeting to order. Community 21 Development Director Grochala outlined the purpose of the meeting. The council 22 received an update of the City’s Paving Management Plan (PMP) in August. It is a good 23 time to look at how the PMP can be financed. This session is not intended to be a debate 24 of the topic of public improvements but rather to give information on options available to 25 pay for improvements. It should give the council information as they decide on a path. 26 27 Steve Bubul, Kennedy and Graven, gave a presentation on Summary of Financial Tools 28 . for Financing Public Improvements in the City of Lino LakesDuring and after the 29 presentation, Mr. Bubul answered questions from those in attendance. 30 31 Mr. Bubul’s presentationis on file and a DVD of the meeting is also on file. 32 33 The meeting was adjourned at 7:30p.m. 34 35 These minutes were considered, corrected and approved at the regular Council meeting held on 36 December 9, 2013. 37 38 39 40 41 Julianne Bartell, City ClerkJeff Reinert, Mayor 42 43 1 LIQUOR COMPLIANCE HEARINGNovember 25, 2013 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE:November 25, 2013 6 TIME STARTED: 6:15p.m. 7 TIME ENDED: 6:25p.m. 8 MEMBERS PRESENT: CouncilMembersRafferty,O’Donnell, 9 Roeser, Stoesz and Mayor Reinert 10 MEMBERS ABSENT: None 11 12 13Staff members present: City AdministratorJeff Karlson; Public Safety DirectorJohn Swenson; 14Police Captain Kelly McCarthy; and City Clerk, Julie Bartell 15 HEARING ON LIQUOR CODE VIOLATION 16 17 18Police Chief Swenson reported that the Police Department regularly conducts compliance 19checks at the city’s licensed liquor establishments. On August 28, 2013, a compliance check 20was conducted at The Tavern on Main and a violation occurred. The bartender served and took 21payment for beverages for two underage buyers. A ticket was issued and the offending 22bartender has since pled guilty and received a fine in court. He explained that the matter is now 23before the city council for consideration of city action on the violation. Based on the council 24approved Best Practices Grid, staff is recommending the imposition of a fine of $500 on the 25establishment. 26 27Tavern on Main owner and licensee Chad Wagner assured the council that he takes this matter 28very seriously and explained that he insists on liquor servicetraining for all his employees. He 29addresses an employee violation such as this with a suspension on the first violation and 30termination on the second. 31 32Mayor Reinert thanked Mr. Wagner for his explanation and indicated that the Tavern on Main is 33generally a good operation. He added that the council typically follows the Best Practice Grid 34when imposing a fine so the recommendation ($500 fine) will be forwarded for action. 35 36Action on the matter will be considered as part of the regular council meeting that will follow 37adjournment of the hearing. 38 39The meeting was adjourned at 6:25 p.m. 40 41These minutes were considered and approved at the regular City Council Meeting on December 429, 2013. 43 44 45 46__ 47Julianne Bartell, City ClerkJeff Reinert, Mayor 48 CITY COUNCIL AGENDA ITEM 1L STAFF ORIGINATOR: Jeff Karlson MEETING DATE: December 9, 2013 TOPIC: Approval of Secretarial Services for Charter Commission VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve Charter Commission expenditures for secretarial services. BACKGROUND Last March the City Council approved additional expenditures for the transcription of Charter Commission meeting minutes for two meetings at an estimated cost of $500. The City contracted with TimeSaver Secretarial, Inc. to provide this service. The actual cost of secretarial services for the two Charter meetings held in July and October was $486. At the December 2, 2013 work session, the City Council agreed that TimeSaver, Inc. should continue to take minutes for the Charter Commission meetings at an estimated cost of $1,000. This expenditure will come from the general contingency fund. RECOMMENDATION Approve Charter Commission expenditures for secretarial services. AGENDA ITEM 2A (i) STAFF ORIGINATOR Al Rolek DATE December 9, 2013 TOPIC Consideration of Resolution No. 13-130 adopting the Final 2013 Tax Levy, Collectible in 2014. VOTE REQUIRED Simple Majority BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a final 2013 tax levy, collectible in 2014 on or before December 28th. The total levy includes dollars for the general operating budget as well as dollars for special levies for tax abatement and general bonded debt. The levy provides resources for City operations, capital outlay and equipment replacement, street and storm drainage maintenance and a contingency for unforeseen emergencies. The levy also includes a voter-approved levy of $174,943 to service debt for the Birch/Ware and Lake/Main intersection signalization projects. The total proposed tax levy for 2013/14 is $8,296,044, $45,285 less than the preliminary levy adopted in September. The proposed levy represents an increase of $80,416 from the 2012/13 tax levy. A public hearing was held on the tax levy for this evening. Tax levy information was presented and discussed during the public hearing and public testimony was received. The City Council needs to take final action on the tax levy at this time. RECOMMENDATION Staff recommendation is to adopt Resolution No. 13-130 approving the final 2013 Tax Levy, collectible in 2014. ATTACHMENTS Resolution 13-130. A-1 CITY OF LINO LAKES RESOLUTION NO. 13-130 RESOLUTION ADOPTING THE FINAL 2013 TAX LEVY, COLLECTIBLE IN 2014 WHEREAS , the City of Lino Lakes has budgeted to pay expenditures for General Fund operating costs anticipated in the year 2014; and, WHEREAS , the City of Lino Lakes has budgeted to pay the annual debt service on outstanding indebtedness; and, WHEREAS , the City Council adopted its preliminary 2013 tax levy, collectible in 2014, in anticipation of the above expenses; and, WHEREAS , the City Council has published in the official newspaper all notices required by Minnesota statutes and the City Charter; and, WHEREAS , the City Council held its public hearing on December 9, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes, Anoka County, Minnesota, approves its final 2013 tax levy, collectible in 2014, upon taxable property within the City of Lino Lakes as follows: 1. Total amount levied in the year 2013 to be spread for taxes due and payable in the year 2014 is $8,296,044. 2. The total amount above levied is for the following purposes: General Operating Levy $7,098,922 General Bonded Debt G.O. Improvement Refunding Bond 2005B 155,782 G.O. Tax Abatement Bonds 2006C 255,381 G.O. CIP Refunding Bond 2006E 443,940 G.O. Bonds 2012A 174,943 Equipment Certificates of 2011 43,481 Equipment Certificates of 2012 53,561 Equipment Certificates of 2013 70,034 Total General Obligation Bonded Debt 1,197,122 TOTAL LEVIES $8,296,044 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member ______________ and was duly seconded by Council Member ______________ and upon vote being taken thereon, the following voted in favor thereof:. A-1 The following voted against same:. ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk A-1 CITY COUNCIL AGENDA ITEM 2A (ii) STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consideration of adopting Resolution No. 13-131 adopting the final 2014 General Fund Operating Budget for the City of Lino Lakes VOTE REQUIRED Simple Majority BACKGROUND State Statutes require the City of Lino Lakes to adopt and certify a final 2014 General Fund operating budget on or before December 28. A public hearing was held tonight to take public comment on the budget. A summary of the proposed budget and tax levy was presented and discussed during the public hearing. The final 2014 budget represents a 0.86% increase from the 2013 adopted budget. The budget maintains staff complements and includes resources to continue city services at the current levels. Funding for street maintenance and storm drainage maintenance and repair efforts are maintained for 2014. A contingency for unforeseen circumstances is also included in the budget. Capital equipment replacement needs will be met through the use of debt financing for the coming year. Accumulated prior year budget surpluses and the use of drug forfeiture proceeds toward policing efforts are being used to balance the budget. The City Council needs to take final action to approve the budget at this time. RECOMMENDATION Staff recommends adoption of Resolution 13-131. ATTACHMENTS Resolution 13-131. A-2 CITY OF LINO LAKES RESOLUTION NO. 13-131 RESOLUTION ADOPTING THE FINAL 2014 GENERAL FUND OPERATING BUDGET WHEREAS , Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out final General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED : That the following final General Fund operating budget be adopted for 2014: 2014 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $7,233,922 Intergovernmental Revenue 465,000 Licenses and Permits 418,150 Charges for Services 231,600 Fines & Forfeitures 140,500 Interest on Investments 30,000 Miscellaneous 398,603 TOTAL FINAL GENERAL FUND REVENUES $8,917,775 EXPENDITURES: Administration $1,143,499 Community Development 670,461 Public Safety 3,881,274 Public Services 2,607,541 Other 615,000 TOTAL FINAL GENERAL FUND EXPENDITURES $8,917,775 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and ______________ ______________ upon vote being taken thereon, the following voted in favor thereof: A-2 The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk A-2 CITY COUNCIL AGENDA ITEM 2A (iii) STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consideration of adopting Resolution No. 13-132 adopting the final 2014 Water and Sewer Operating Budgets VOTE REQUIRED Simple Majority BACKGROUND The City Council reviewed the proposed 2014 Water and Sewer Operating Budgets at their budget work sessions. The budgets include the cost of depreciation of infrastructure as an expense, and recovery of this cost is incorporated into the utility rate structure. Water and sewer rates will be adjusted in 2014 by 2% and 4%, respectively, to fund operations. It has been the practice of the City Council to adopt the Water and Sewer Operating budgets by resolution. Staff recommendation is to adopt Resolution No. 13-132 adopting the final 2014 Water and Sewer Operating Budgets. RECOMMENDATION Staff recommends adoption of Resolution 13-132. ATTACHMENTS Resolution 13-132. A-3 CITY OF LINO LAKES RESOLUTION NO. 13-132 RESOLUTION ADOPTING THE 2014 WATER AND SEWER OPERATING BUDGETS WHEREAS , the City Council has reviewed the proposed 2014 Water and Sewer Operating Budgets during their budget work sessions, and, WHEREAS , the City Council each year adopts the Water and Sewer Operating Budgets by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the following Water and Sewer Operating Budgets for the year 2014 are hereby adopted: 2014 Water Operating Budget 2014 Sewer Operating Budget Operating Revenues $1,218,500 $1,647,500 Transfers -0- -0- $1,218,500 $1,647,500 Total Revenues & Transfers Operating Expenses $1,214,173 $1,805,834 Debt Service -0- -0- $1,214,173 $1,805,834 Total Expenses Revenues/Transfers over/ $ 4,327 $ (158,334) Under Expenses Use of Fund Surplus -0- $ 158,334 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and ______________ ______________ upon vote being taken thereon, the following voted in favor thereof: The following voted against same:. ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk A-3 CITY COUNCIL AGENDA ITEM 2A (iv) STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consideration of adopting Resolution 13-133 adopting the 2014 Recreation Fund Operating Budgets VOTE REQUIRED Simple Majority BACKGROUND The City Council has reviewed the proposed 2014 Recreation Fund Operating Budgets during their budget work sessions. The budget being presented for approval has not changed since the work session. The Recreation Fund is a special revenue fund and operates from revenues collected from recreation fees. No part of the tax levy is used to finance Recreation Fund operations. A transfer to the General Fund is budgeted to offset fixed costs. The budget for 2014 estimates that a small surplus will be realized in this fund. RECOMMENDATION Staff recommends adoption of Resolution 13-133 adopting the final 2014 Recreation Fund Operating Budget. ATTACHMENTS Resolution 13-133. A-4 CITY OF LINO LAKES RESOLUTION NO. 13-133 RESOLUTION ADOPTING THE 2014 RECREATION FUND BUDGET WHEREAS , the Recreation Fund is a Special Revenue Fund, funded through fees generated by recreation programming; and, WHEREAS , Special Revenue Funds are required to adopt a budget for the forthcoming year. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the following Recreation Fund Operating Budget for the year 2014 is hereby adopted: 2014 RECREATION FUND BUDGET REVENUES EXPENDITURES Adult Instructional $ 5,400 $ 5,100 Adult Leagues 14,850 13,125 Youth Instructional 76,700 66,575 Youth Leagues 23,000 20,500 Special Events 7,800 10,380 Senior Programs 22,000 21,900 Program Totals $149,750 $137,580 Operating Surplus 0 2,170 Transfer to General Fund 0 10,000 Recreation Fund Totals $149,750 $149,750 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and ______________ ______________ upon vote being taken thereon, the following voted in favor thereof: The following voted against same:. ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk A-4 CITY COUNCIL AGENDA ITEM 2B STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consideration Resolution 13-134 amending the 2013 General Operating Budget for the City of Lino Lakes VOTE REQUIRED Simple Majority BACKGROUND The City Council has made a number of fiscal decisions through the year which have an impact on the general operating budget. Additionally, economic conditions and projected changes in budget projections have had 13.Staff has examined the potential budget areas that will be impacted by these factors. The impacts include reductions in revenue areas affected by economic conditions, such as building activities, etc., as well as changes in expenditure areas due to personnel changes, changes to contracted services, transfers for street reconstruction and park land loans and other factors. Staff has prepared a listing of proposed budget adjustments for conditions that are known today for City Council consideration. RECOMMENDATION Staff recommends that the City Council approve Resolution 13-134 amending the 2013 General Operating Budget. ATTACHMENTS Resolution 13-134. CITY OF LINO LAKES RESOLUTION NO. 13-134 RESOLUTION AMENDING THE 2013 GENERAL OPERATING BUDGET WHEREAS , the City Council has adopted a general operating budget for 2013, and, WHEREAS , the City Council has made certain fiscal decisions through the year which have an impact on the general operating budget, and, WHEREAS , changes in economic conditions and changes in budget forecasts have made it necessary for the City Council to reconsider portions of the adopted general operating budget, and, WHEREAS , it is good management and accounting practice to amend the general operating budget to reflect such changes. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the general operating budget for 2012 be amended as follows: REVENUES: ADJUSTMENT ACCOUNT AMOUNT 101-3010-000 General Property Tax $ (983,600) 101-3040-000 Fiscal Disparities 983,600 101-3020-000 Delinquent Taxes (40,000) 101-3215-000 Rental Housing Licenses 2,500 101-3250-000 Building Permit Fees 10,000 101-3251-000 Plan Inspection Fees 10,000 101-3254-000 Heating/Air Conditioning Fees 15,000 101-3225-000 Lodging Tax 15,000 101-3345-000 MSA 31,000 101-3346-000 Police State Aid 34,000 101-3422-000 Police Other Revenue 35,000 101-3423-000 Commonspace Revenue (14,000) 101-3470-000 Park Revenues 9,500 101-3510-000 Fines & Forfeits (30,000) 101-3511-000 ACE Fees 8,000 101-3620-000 Interest on Investments (12,000) 101-3730-000 Refunds & Reimbursements 12,000 101-3900-000 Use of General Fund Reserves (36,000) TOTAL AMENDMENTS $ 50,000 EXPENDITURES : ADJUSTMENT ACCOUNT AMOUNT 101-401-41xx-000 Mayor/Council Personal Services (8,100) 101-401-4360-000 Mayor/Council Insurance (4,200) 101-402-4310-000Admin Other Contractural (4,000) 101-407-41xx-000 Finance Personal Services (5,000) 101-415-41xx-000 Econ Devel Personal Services (42,000) 101-415-4900-000 Econ Devel Marketing 15,000 101-416-41xx-000Planning & Zoning Personal Services (3,000) 101-416-4300-000 Planning & Zoning Professional Services (5,000) 101-416-4410-000 Planning & Zoning Contracted Services (5,000) 101-418-41xx-000 Comm Devel Personal Services 1,500 101-420-41xx-000 Police Personal Services 8,000 101-420-4321-000 Police Telephone (10,000) 101-422-41xx-000Building Inspections Personal Services 1,500 101-422-4410-000 Building Inspections Contract Services 1,000 101-430-41xx-000 Streets Personal Services 7,000 101-430-4223-000 Streets Signs 3,500 101-430-4224-000 Streets Patching Materials 9,000 101-430-4229-000 Streets Gravel/Misc (20,000) 101-431-41xx-000 Fleet Personal Services (1,000) 101-431-4363-000 Fleet Auto Insurance (4,000) 101-432-4211-000 Govt Buildings Maintenance Supplies 8,000 101-432-4321-000 Govt Buildings Telephones 4,000 101-432-4361-000Govt Buildings Insurance 1,500 101-432-4382-000Govt Buildings Electricity 25,000 101-450-41xx-000 Parks Personal Services 6,100 101-450-4300-000 Parks Professional Services 7,000 101-451-41xx-000 Recreation Personal Services 4,300 101-462-4410-000Solid Waste Contracted Services 6,000 101-499-4905-000 Contingency 2,900 101-499-4910-000 Operating Transfers Out 50,000 TOTAL AMENDMENTS $ 50,000 Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2C STAFF ORIGINATOR Al Rolek MEETING DATE December 9, 2013 TOPIC Consideration of adopting Resolution 13-135Specific Revenue Sources In Special Revenue Funds VOTE REQUIRED Simple Majority INTRODUCTION The City has implemented Governmental Accounting Standards Board (GASB) Statement #54which requires that fund balances be divided into categories from most restricted to uncommitted funds. The City Council must annually adopt a resolution to ‘commit’ certain funds. BACKGROUND The City Council has approved a policy implementing Governmental Accounting Standards Board (GASB) Statement #54. This statement’s definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. The term “proceeds of specific revenue sources” establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund’s revenues. Resolution 13-135commits the specific revenue sources of the Recreation Special Revenue Fund specifically for operating City-sponsored recreation programmingand the Cable TV Fund specifically for expenditures associated with Cable TV programming. This commitment may only be changed by resolution of the City Council. RECOMMENDATION Staff recommendsadoption of Resolution 13-135. ATTACHMENTS Resolution 13-135. CITY OF LINO LAKES RESOLUTION NO. 13-135 RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHEREAS , the Governmental Accounting Standards Board’s Statement #54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and, WHEREAS , the term “proceeds of specific revenue sources” established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund’s revenues; and, WHEREAS , investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and, WHEREAS , council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes as follows: 1.The specific revenue sources of each special revenue fund and the specific purposes for which they are committed are as follows: FundSpecific Revenue SourcesCommitted For RecreationProgram Recreation FeesCommitted for expenditures associated with City Sponsored Recreation Programs Cable TVFranchise FeesCommitted for expenditures associated with City Sponsored Cable TVProgramming Adopted by the Council of the City of Lino Lakes this 9th day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR:Julie Bartell, CityClerk DATE: December 9, 2013 TOPIC: FirstReadingof Ordinance No. 12-13 Establishing the 2014Fee Schedule VOTE REQUIRED:3/5 INTRODUCTION In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. BACKGROUND TheCity’scurrent fee schedule has been circulated to departmentdirectors with a request to update or amend the schedule as appropriate for 2014. Ordinance No. 12-13(the proposed 2014Fee Schedule) is attached. Recommended amendments to the ordinance are printed in red. The changes proposed for 2013are outlinedbelow for your review: - Updated Police Department fees –Police Department staff have reviewed fees that relate to their services and have updatedthem to current costs and also removed obsolete charges. - Building Permit and Land Use Fees –Staff has adjusted fees to accountfor inflationary increases; they are generally consistent with neighboring cities. Other non-monetary changes have been made for formatting purposes. The Council approved the first reading of Ordinance No. 12-13on November 25.Staff is now recommending approval of second reading and publication of the ordinance. RECOMMENDATION Approve the secondreading of Ordinance No. 12-13,Establishing the 2014Fee Schedule. st 1Reading:Publication : November 25, 2013 nd 2Reading:Effective: City of Lino Lakes Ordinance No.12-13 An Ordinance Adopting The 2014 City of Lino Lakes Fee Schedule and Providing for theIssuance Of Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts Of Ordinances and Previous Fee Schedules that Conflict Therewith. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2014FEE SCHEDULE ALCOHOLIC BEVERAGES 3.2 Beer Investigation,Initial Application Only$250.00262.50(1 or 2);$450.00462.50(3+) 3.2 Beer Off-Sale$200.00/Year 3.2 Beer On-Sale$300.00/Year 3.2 Beer On-Sale Temporary$50.00 + $5.00/Day Club License$300.00 Liquor License Investigation Fee, Initial Application Only$250.00262.50(1 or 2); $450.00462.50(3+) Liquor On-Sale License$4,500.00/Year Liquor Off-Sale$200.00 Liquor Temporary Permit$50.00 Temporary Set-Up License$25.00 Wine License Investigation Fee, Initial Application Only$250.00262.50(1 or2); $450.00462.50(3+) Wine $500.00/Year Sunday Liquor$200.00/Year On-Sale Brewer Taproom$500/Year Off-Sale Growler$200/Year AMUSEMENT & COMMERCIAL RECREATION Cabaret License$35.00 Dances$200.00/Year Gambling Permit Application $10.00 State Licensed GamblingRegulation Tax 0.10%of gross receipts less prizes paid BUSINESS & MISCELLANEOUS Assessment Search Fee $20.00/Search Burning Permit$50.00 Dog Kennel -Private$20.00/Year Dog Kennel–Commercial$100.00105.00/Year Dog License Male/Female$10.0010.50 Dog License Male/Female $5.005.25(Spayed or Neutered) 1 st Copies: Per Page110 Copies Free, then .25 per Page Copies: New Resident Labels$5.00per Month Flat Fee Copies: Aerial/Topo MapLarge Scale (>11”x17”)$10.00.50 per sq. foot st City Charter1Copy Free; $10.00 Each Add’l City Code Book$75.00 City Map $2.50 Comp. Plan. $55.00 CDor DVD$7.00 Environmental Handbook$55.00 st Fax Charge110 Pages Free, then .25 per Page Garbage Hauler License $75.00/First Truck;$45.00eachadd’l Overweight Permit$20.00 Pawn Shop Class A$10,000.00 Pawn Shop Class B$7,000.00 Class A Secondhand Goods Dealer$720.00 Class B Secondhand Goods Dealer$105.00 Class C Secondhand Goods Dealer No Fee Pawn Shop Investigation $15,000 (deposit on costs) Pawn Shop In-State Investigation$750.00 Pawn Shop Out-State Investigation$20,000.00 Peddler, Solicitor, Transient Merchant$250.00/6 months Rental License (annual)$50.00 for 1 or 2 units $50.00 + $10 per unit for 3 or more units (fee to be reduced by 50% if issues less than six months from expiration date) Rental License Re-inspection Fee$50.00 Special Event Permit $50.00 Tobacco License$50.00 Return Check Charge$30.00 Zoning Maps$5.00/Large or Colored Zoning Ordinance$25.00 PARK & RECREATION USER FEES Field Rental –Resident Only Baseball/Softball Drag Only$20/Evening Baseball/Softball Drag & Chalk$30/Evening Soccer (Excluding Youth)$65/Evening Picnic Shelter Reservation Residents -No Fee Non-Resident -$25 Playground Grab Bags$10.00 / $25.00 FIRE REGULATIONS Annual Permit for Sale Of Consumer Fireworks$350 exclusive retail seller /$100 in conjunction with existingretail store POLICE FEES (Costs include all applicable taxes) Achieving Compliance through Education (ACE) Program Fees Equipment Violation$50.00 Moving Violation$100.00 2 Ordinance Violation$75.00 Parking Violation$100.00 Status Offense$50.00 Other Violations$100.00 th Copy of ReportFree to subject of data up to3 pages; 4page $1.00; then $.25 add’l pages up to100 Copy of Report –Mail In$4.00upto 4 pages;$.25per page thereafter Vehicle LockoutsNo charge Clearance Letter $5.0015.00 Fingerprinting $10.0015.00by appt. Video Image Printing $5.00 Photographs $25.00 plus developing cost Booking Photographs$5.00 Electronic Photographs$5.0010.00per page of four False Alarms3 free; 4-10$50.0052.50; 11 or more$100.00105.00/calendar yr. Vehicle Forfeiture Fee$100.00 per vehicle Videotape CopyDVD (Police Dept)$25.00 Dangerous Dog Registration$250/Year BUILDING-CONSTRUCTION UTILITIES Building Permit Fee Schedule Building Permit Fees shall be based on the Fee Table. Fire Suppression Permit fee shall be based on Fee Table Minimum fee of $60.00for all permits Fee Table Total ValuationFee $1.00 to $1,360.00$60.00 $1,361.00to $2,000.00$23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00$69.25 forthe first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00$391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00$643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00$993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: Work commencing before permit issuanceDouble Permit Fee 3 Erosion Control Inspection Fee (single, two-family, townhomes up to 8 units)$150.00 Multi-family >8 units, Commercial, Industrial and Institutional determined by separate agreement. Erosion Control Re-inspection Fee$60.0065.00per trip Inspections outside of normal business hours$60.0065.00per hour* Re-inspection fee$60.0065.00per trip Inspections for which no fee is specifically designed$60.0065.00per trip Additional plan review required by changes, additions, or revisions$50.00 per hour** For use of outside consultants for plan checking and inspections, or bothActual Cost*** Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period Easement Encroachment Feecounty recording fee plus $25.00 Accessory Building Permit: 120 sq. ft. or under in size$60.0065.00 Accessory Building Permit: over 120 sq. ft. in sizeSee Building Fee Table Fence Permit: 6 feet or under in height$60.0065.00 Fence Permit: over 6 feet in heightSee Building Fee Table Grading Permit$150.00 Grading Permit Escrow Deposit(if not included in Dev. Contract)$300.00 Roofing Permit$100.00 Siding Permit$100.00 Swimming PoolPermit: In Ground$150.00 Swimming PoolPermit: Above Ground$100.00 Window/DoorReplacementPermit$75.00 per windowunit(max. $150.00) Door Replacement (including patio) Permit$100.00 Retaining Wall Permit$60.0065.00 Mechanical (HVAC) permit: Gas Fireplace$65.00 (plus $32.50 for each addt’l fireplace) Mechanical(HVAC)Permit: Residential(except new construction)$60.00 Mechanical(HVAC)PermitFee:New Construction Residential(does not include fireplaces)$75.00 Mechanical(HVAC)Permit: Commercial2% of the contract price ($60.0065.00minimum fee) Manufactured Home Permits$150.00 4 Plumbing Permit9.00 per fixture ($60.0065.00minimum fee) Sewer Connection Fee$200.00 Water Connection Fee$250.00 Contractor License Verification$5.00 per permit Contractor Lead Certification Verification (effective Feb 1, 2011)$5.00 per permit Contractor License$50.00 SAC (Sewer Availability Charge)Per Met Council ¾” Water MeterCity cost plus 10% handling fee and sales tax 1” Water MeterCity cost plus 10% handling fee and sales tax MXU UnitCity cost plus 10% handling fee and sales tax Touch Pad$18.00 plus sales tax Curb Stop Covers$70.00 plussales tax Septic Installation or Repair Permit$150.00200.00 Septic Pumping Permit$10.00 Demolition Permit$60.0065.00 Lawn Sprinkler/Irrigation System Permit (effective June 26, 2008)$60.0065.00 Irrigating or Watering of New Landscaping Permit (sod or seed)No Charge Lawn Sprinkling Violation$25.00 for first violation $50.00 for each subsequent citation Driveway Replacement Permit$60.0065.00 Sign Permit: Existing Billboard$85.00 per year Sign Permit: PermanentSee Building Fee Table Sign Permit:Sandwich Board$25.00 Sign Permit:Temporary (portable/banner)$25.00/Term Fee Refund –Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surchargefeesare non-refundable.No refund shall be provided if permit has expired. All permits issued are subject to applicable State surcharge fees. *Inspections made out side of normal business hours is a three-hour minimum charge **Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. ***Actual costs include administrative and overhead costs. 5 An escrow may be required, as determined by the CityEngineer, to cover all costs incurred by the City for plan revision and construction observation. ESCROW DEPOSITS In order to obtain a Certificate of Occupancy, escrow depositsshall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancywould be issuedsubject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: a.Driveway -$1,000.00 b.Exterior Concrete -$1,000.00 c.As-built Surveys -$1,000.00 d.Stucco (final coat only) -$1,000.00 e.Garage Floor -$1,000.00 f.Landscaping -$2,500.00 (landscaping may be escrowed year-round per City Staff) Escrow deposits include a $50.00 non-refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a.)Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. b.)The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. RIGHT-OF-WAY MANAGEMENT Excavation Permit Fees Hole (includes administration, plan review, inspection, testing and mapping)...…………..$125.00 Trench (includes administration, plan review,inspection, testing & mapping)...$70.00 per 100 lineal feetplus hole fee Obstruction Permit Fee (includes administration, recording, review & inspection)…$50.00 plus $.05 per lineal foot Permit Extension Fee (includes administration, recording & review)………………………………$55.00 Delay Penalty ……………………………………………………………………………………….$60.00 for up to three days of non-completionand non-prior noticebefore specified date. After three days an additional charter of $10.00 per day will be levied Degradation Fee Formula: This formula covers degradation for depreciation caused by intrusion into the right-of-way. The depreciation applies to the original surface of the right-of-way and to the overlays and seal-coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right-of-way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. 6 Degradation Fee: (cost per square yard for street overlay, and seal-coat x depreciation schedule rates) x area of street patch = degradation fee. UTILITY FEES Sewer Utility Rates (to be considered by separate Ordinance, No. 11-13) Sewer Rate $52.00/Quarter/Reu Metered Sewer$1.00 Per 1000 GallonsOver 10,000 Gallons(based on winter average) Flat Sewer Only$62/Quarter/Reu Water Meter Rental$400.00 (Deposit) / $25Per Month Additional Accessories$25.00 Per Month Utility Non-Payment Certification Fee$30.00 Underground Utility Permit $50.00 Meter Testing (Our Cost, Delivered To Minneapolis) 5/8” –3/4" Meter Test$50.00 1” Meter Test$65.00 1-1/2” –2” Meter Test$100.00 City Trunk Utility Connection Fees Sanitary Sewer Unit$2,911.002,975.00Per Sac Unit Water Unit$3,854.003,939.00Per Sac Unit Lateral Service Connection Fees (Bisel Amendment) Sanitary Sewer$37.00 Per Front Foot Watermain$34.00 Per Front Foot Water Utility Rates(to be considered by separate Ordinance, No. 11-13) Residential $10.00per Quarter / REU*, plus $1.80per Thousand Gallons (0 –20,000 Gal.) $2.00per Thousand Gallons (20,001 –40,000 Gal.) $2.50per Thousand Gallons (40,001 –80,000 Gal.) $3.00per Thousand Gallons (80,001 –120,000 Gal.) $3.50per Thousand Gallons (over 120,000 Gal.) Non-Residential Domestic $10.00per Quarter / REU*, plus $1.80per Thousand Gallons (0 –20,000 Gal.) $2.00per Thousand Gallons (20,001 –40,000 Gal.) $2.25per Thousand Gallons (over 40,000 Gal.) Non-Residential Irrigation $2.50per Thousand Gallons (0 –40,000 Gal.) $3.00per Thousand Gallons (40,001 –80,000 Gal.) $3.50per Thousand Gallons (over 80,000 Gal.) Late Penalty: 10% of unpaid balance, assessed quarterly 7 Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer utilities that are vacant due to business closures or other reasons may apply to have the number of billed REU’s reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s will be determined and utility fees assessed according to the current fee structure.(Ordinance No. 06-13, passed 8-26-13) *REU = a residential equivalent connection: 1.Residential –a single housing unit 2.Non-ResidentialREU = per Met Council Service Availability Charge Procedures Manual SURFACE WATER MGMTLand Use Type I.II.III. Single/Two Multi FamilyCommercial/Industrial/ Family LotsLotsInstitutional Property Fee Charge per Sq. Ft. of Development $0.1350.137$0.1790.182$0.1990.202 Area Surface Water Management Charge: Applied to developing parcels in accordance with the policy provisions established in Resolution No. 92-70.Credits may be earned for watershed improvements. CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee ESCROW LAND USE__________________FEEDEPOSIT* Alternative Urban Area-wide Review (I-35EAUAR)$269per acre To be chargedat the time of land use approval for projects within theto land development applications within I-35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans;and planned unit developments. Once paid,the same land will not be charged again. Administrative Permit -Home Occupation Level B$2065 (no fee for Transient Merchant if issued by City Clerk) Application Fee (Required With Each Submittal)$100.00 Comprehensive Plan Amendment 40 Acres or Less$1,500 More Than 40 Acres$5,000 Conditional Use Permit Residential$750 Commercial/Industrial/Institutional$5,000 8 Environmental Assessment Worksheet$10,000 Interim Use Permit$750 Ordinance Amendment Map Amendment (Rezone) 40 Acres or Less$1,500 Over 40 Acres$5,000 Text Amendment$1,500 Planned Unit Development General Concept Plan$2,500 Development Stage Plan$10,000 Final Plan$2,5005,000 Site Plan Review$5,000 Subdivision Concept Plan Review$1,500 Minor Subdivision / Lot Split$1,000 Preliminary Plat 40 Acres or Less$2,500 Over 40 Acres$10,000 Final Plat$1,500 Tax Increment Financing or Tax Abatement$7,500 Vacation (Street, Utility, Drainage)$500 Varianceor appeal$500 Zoning Confirmation Letter$25 *An escrow account shall be established as indicatedabove to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon Citydetermination that theproject is complete or expired, the City will return the remaining escrow deposit to the applicant. DEVELOPMENT FEES Aerial Photo Cost Recovery$90.00 per lot Park Dedication –Commercial / Industrial$2,175 per acre Park Dedication -Residential $2,500 per unit 9 Street Sealcoating$0.30 per square foot Tree Preservation Mitigation Fee$300.00 per tree ENGINEERING Flood Plain Elevation Certificate$200.00 Fee Elevation Certificate SurveyAdd’l $1,000.00 Escrow Deposit Digital Contour Mapping$800 per ½ Section Increment STAFF TIME Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits plus calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate. LATE FEE Late penalty fee:a late charge of 10% or $25.00, whichever is greater, will be charged for any fees not paid when due. Section 2.Effective Date of Ordinance. This ordinance shall be in force and effect from and afterits passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this___day of_________, 20__. _____________________ Jeff Reinert, Mayor ATTEST: _____________________ Julie Bartell, City Clerk 10 st 1Reading:Publication November 25, 2013: nd 2Reading:Effective: City of Lino Lakes Ordinance No.11-13 AN ORDINANCE SETTING WATERAND SEWER UTILITY RATES The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, the water and sewer utility rate schedule is hereby adopted as follows: Effective January 1, 2014: Water Utility Rates Residential $10.00 Per Quarter / REU*,plus $1.84Per Thousand Gallons (0 –20,000 Gal.) $2.04Per Thousand Gallons (20,001–40,000Gal.) $2.55Per Thousand Gallons (40,001–80,000 Gal.) $3.06Per Thousand Gallons (80,001–120,000 Gal.) $3.57Per Thousand Gallons (over 120,000 Gal.) Non-Residential Domestic $10.00 Per Quarter / REU*, plus $1.84Per Thousand Gallons (0 –20,000 Gal.) $2.04Per Thousand Gallons (20,001–40,000 Gal.) $2.30Per Thousand Gallons (over 40,000 Gal.) Non-Residential Irrigation $2.55Per Thousand Gallons (0 –40,000 Gal.) $3.06Per Thousand Gallons (40,001 –80,000 Gal.) $3.57Per Thousand Gallons (over 80,000 Gal.) Sewer Utility Rates Metered Sewer Rate $54.08/Quarter/REU*, plus $1.04Per 1,000 Gallons Over 10,000 Gallons (based on winter average) Flat Sewer Only$64.08/Quarter/REU* 1 Effective January 1, 2015: Water Utility Rates Residential $10.00 Per Quarter / REU*, plus $1.87 Per Thousand Gallons (0 –20,000 Gal.) $2.08 Per Thousand Gallons (20,001 –40,000 Gal.) $2.60Per Thousand Gallons (40,001 –80,000 Gal.) $3.12Per Thousand Gallons (80,001 –120,000 Gal.) $3.64Per Thousand Gallons (over 120,000 Gal.) Non-Residential Domestic $10.00 Per Quarter / REU*, plus $1.87Per Thousand Gallons (0 –20,000 Gal.) $2.08Per Thousand Gallons (20,001 –40,000 Gal.) $2.35Per Thousand Gallons (over 40,000 Gal.) Non-Residential Irrigation $2.60 Per Thousand Gallons (0 –40,000 Gal.) $3.12Per Thousand Gallons (40,001–80,000 Gal.) $3.64Per Thousand Gallons (over 80,000 Gal.) Sewer Utility Rates Metered Sewer Rate $55.70/Quarter/REU*, plus $1.07Per 1,000 Gallons Over 10,000 Gallons (based on winter average) Flat Sewer Only$65.70/Quarter/REU* *REU = a residential equivalent connection: 1.Residential –a single housing unit 2.Non-ResidentialREU = per Met Council Service Availability Charge Procedures Manual Non-Residential users with irrigation systems that do not have a separate irrigation meter will be charged at residential rates until such time that a separate irrigation meter is installed and inspected. Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. th Passed by the Lino Lakes City Council this 9day of December, 2013. _____________________ Jeff Reinert, Mayor ATTEST: _____________________ Julie Bartell, City Clerk 2 CITY OF LINO LAKES RESOLUTION NO. 13-139 APPROVING A SUMMARY OF ORDINANCE NO. 12-13 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 12-13, establishing the 2014 Fee Schedule, for first reading on November 25, 2013 and second reading and final passage on December 9, 2013; and WHEREAS, Ordinance No. 12-13 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall; NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the City Council approves the summary in Attachment A for publication according to state law and the City Charter. th Adopted by the Council of the City of Lino Lakes this 9 day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member_____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ATTACHMENT A, RESOLUTION 13-139 CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 12-13 AN ORDINANCE ADOPTING THE 2014 CITY OF LINO LAKES FEE SCHEDULE; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City staff, a fee schedule for City services and licensing is hereby adopted as follows: 2014 FEE SCHEDULE A. Alcoholic Beverages; B. Amusement and Commercial Recreation; C. Business and Miscellaneous; D. Park & Recreation User Fees; E. Fire Regulations; F. Police Fees; G. Building Construction Utilities; H. Escrow Deposits; I. Right-Of-Way Management; J. Utility Fees; K. Surface Water Management; L. Culvert Prices; M. Land Use; N. Engineering; O. Staff Time; P. Late Fee Section 2. Effective Date of Ordinance . This ordinance shall be effective 30 days after its publication. Passed by the Lino Lakes City Council on December 9, 2013. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR:Jeff Karlson MEETING DATE:December 9, 2013 TOPIC:Labor Agreement with AFSCME, Local No. 2454 VOTE REQUIRED: 3/5 INTRODUCTION We have reached a tentative one-year agreement withAFSCME, Local No.2454for 2013. The union members have agreed to the following terms: 1.WAGES: A1.5% wage increaseretroactive toJanuary 1, 2013. 2.HEALTH INSURANCE: Article 16.1revised to read: a)Effective January 1, 2013, Employerwill contribute $344.01towardthe monthly premium for single coverage and $869.73toward the monthly premium for family coverage. The Employer’s contribution for the Health Savings Account (HSA) toward the annual deductibles will be $1,000 for single coverage and $2,500 for family coverage. Because the 2012 Agreement remained in full force and effect after December 31, Employees who elected single or family coverage during the November 2012 open enrollment period, received contributions of $1,500 or $3,000 in 2013 toward their HSA. In accordance with this settlement, Employees will be allowed to retain $250, and $250will be deducted from an Employee’s January 2014 HSA contribution or from the cash option if anEmployee’s election has changed. b)The cash option for waiving health insurance coverage is $300.Employees electing to waive coverage in 2012will not be required to reimburse the monthly overpayments of $8.44. c)Effective January 1, 2014, Employer will contribute$412.71 toward the monthly premium for single coverage and $966.13toward the monthly premium for family coverage. 3.MEMORANDUM OF UNDERSTANDING:A personnel time-off (PTO) plan will be implemented for AFSCME members. Participation in the PTO plan will be optional. RECOMMENDATION Authorize execution of 2013labor agreement between the City of Lino Lakes and Local No. 2454 of the American Federation of State, County, and MunicipalEmployees, AFL-CIO. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: Chief John Swenson MEETING DATE: December 9, 2013 TOPIC: Hiring of One Police Officer VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Police Department is requesting council approval tohire one police officer. BACKGROUND On August 11, 2013, Officer Zach Johnson resigned from the police department. The hiring of Jesse Clark as a Police Officer will backfill for the resignation of Officer Zach Johnson. The police department has been engaged in a police officer hiring process to fill this vacancy. This hiring process included: 1.Application/Experience Scoring 2.Written Exercise Scoring 3.Initial Oral Interview / Physical Fitness Testing 4.Supervisor Oral Interview 5.Background Investigation 6.Medical Examination 7.Psychological Examination This hiring process has been extensive and has identified officer candidates that will continue the proud tradition of providing high quality public safety services. The 2013 Approved and 2014 Requested Police Department budget is funded for 25 sworn positions. The hiring of Jesse Clark as an officer will bring the police department to 25 sworn staff. Approval of this request will not result in an increase to personnel cost for the police department. RECOMMENDATION Staff recommends the Council approve the hiring of Jesse Clark as a Police Officer effective December 16, 2013. ATTACHMENTS None st 1Reading:Publication November 25, 2013: nd 2Reading:Effective: City of Lino Lakes Ordinance No.11-13 AN ORDINANCE SETTING WATERAND SEWER UTILITY RATES The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, the water and sewer utility rate schedule is hereby adopted as follows: Effective January 1, 2014: Water Utility Rates Residential $10.00 Per Quarter / REU*,plus $1.84Per Thousand Gallons (0 –20,000 Gal.) $2.04Per Thousand Gallons (20,001–40,000Gal.) $2.55Per Thousand Gallons (40,001–80,000 Gal.) $3.06Per Thousand Gallons (80,001–120,000 Gal.) $3.57Per Thousand Gallons (over 120,000 Gal.) Non-Residential Domestic $10.00 Per Quarter / REU*, plus $1.84Per Thousand Gallons (0 –20,000 Gal.) $2.04Per Thousand Gallons (20,001–40,000 Gal.) $2.30Per Thousand Gallons (over 40,000 Gal.) Non-Residential Irrigation $2.55Per Thousand Gallons (0 –40,000 Gal.) $3.06Per Thousand Gallons (40,001 –80,000 Gal.) $3.57Per Thousand Gallons (over 80,000 Gal.) Sewer Utility Rates Metered Sewer Rate $54.08/Quarter/REU*, plus $1.04Per 1,000 Gallons Over 10,000 Gallons (based on winter average) Flat Sewer Only$64.08/Quarter/REU* 1 Effective January 1, 2015: Water Utility Rates Residential $10.00 Per Quarter / REU*, plus $1.87 Per Thousand Gallons (0 –20,000 Gal.) $2.08 Per Thousand Gallons (20,001 –40,000 Gal.) $2.60Per Thousand Gallons (40,001 –80,000 Gal.) $3.12Per Thousand Gallons (80,001 –120,000 Gal.) $3.64Per Thousand Gallons (over 120,000 Gal.) Non-Residential Domestic $10.00 Per Quarter / REU*, plus $1.87Per Thousand Gallons (0 –20,000 Gal.) $2.08Per Thousand Gallons (20,001 –40,000 Gal.) $2.35Per Thousand Gallons (over 40,000 Gal.) Non-Residential Irrigation $2.60 Per Thousand Gallons (0 –40,000 Gal.) $3.12Per Thousand Gallons (40,001–80,000 Gal.) $3.64Per Thousand Gallons (over 80,000 Gal.) Sewer Utility Rates Metered Sewer Rate $55.70/Quarter/REU*, plus $1.07Per 1,000 Gallons Over 10,000 Gallons (based on winter average) Flat Sewer Only$65.70/Quarter/REU* *REU = a residential equivalent connection: 1.Residential –a single housing unit 2.Non-ResidentialREU = per Met Council Service Availability Charge Procedures Manual Non-Residential users with irrigation systems that do not have a separate irrigation meter will be charged at residential rates until such time that a separate irrigation meter is installed and inspected. Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. th Passed by the Lino Lakes City Council this 9day of December, 2013. _____________________ Jeff Reinert, Mayor ATTEST: _____________________ Julie Bartell, City Clerk 2 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR:Katie Larsen, City Planner MEETING DATE:December 9, 2013 TOPIC:i. Consider Resolution No. 13-121 Approving the Final Plat for Alino Addition ii. Consider Resolution No.13-122Approving Development Contractfor Alino Addition iii. Consider Resolution No. 13-123Approving Declaration of Access Control for Alino Addition VOTE REQUIRED:3/5 INTRODUCTION Staff is requesting City Council consideration of theFinal Plat, Development Contract and Declaration for Access Control for Alino Addition. Complete Application Date:October 11, 2013 60-Day Review Deadline:December 10, 2013 Planning & Zoning Board Meeting:November 13, 2013 City Council Meeting:December 9, 2013 BACKGROUND Alino Addition is a two (2) lot commercial subdivision. The subject site is located in the northwest quadrant of the I-35E and Main Street corridor and consists of 20.94 gross acres. A site plan for a Metro Transit Park and Ride facility has been submitted with the subdivision proposal and will be reviewed by staff as a separate application. The Planning & Zoning Board held a public hearing on May 8, 2013 for the preliminary plat of Alino Addition and made recommendation to the City Council for approval. The City Council approved the preliminary plat on June 24, 2013 with Resolution No.13-76. In addition to the preliminary plat, the City Council approved the following resolutions: st 1.Resolution 13-90, Accepting Petition and Waiver Agreement from Alino LLC, 21 Avenue Improvement Project 1 st 2.Resolution 13-91, Approving Joint Powers Agreement with the City of Centerville, 21 Avenue Improvement Project st 3.Resolution 13-97, Authorizing Preparation of Plans and Specifications, 21Avenue Improvement Project The following review is based on the submittal, Alino Addition Preliminary and Final Plat prepared by SRF Consulting Group, Inc. dated October 9, 2013 and received October 11, 2013. Analysis ParcelUpland (acres)Wetland (acres)Total (acres) Lot 1, Block 14.960.495.45 Outlot A12.751.4114.16 Street Dedication1.070.261.33 TOTAL18.782.1620.94 The final plat is generally consistent with the approved preliminary plat and meets the performance standards of the Subdivision and Zoning Ordinance. Conditions ofthe preliminary st plat as listed in Resolution 13-76 have also been met. 21Avenue N will be extended the full length of the property from CSAH 14 to the northern boundary. The applicant petitioned the City for public improvements and the City Engineer is preparing plans and specs for the street and utility design. Since the final plat is being approved and recorded prior to completion of the design of the street and utilities, addition drainage and utility easements not shown on the final plat may be required. Full access for Lot 1, Block 1 and Outlot A will be created at approximately 600 feet north of Main Street. A Declaration of Access Control will be required for future development of Outlot A with right in/right out access at approximately 300 feet. A Letter of Map Revision was issued by FEMA on September 5, 2000 which designated two small flood hazard areas within the plat from Zone A to Zone X. Park Dedication A payment in lieu of park dedication is required for the proposed subdivision. The City’s fee for commercial property is $2,175 per net acre per platted lot. The total net area for Lot 1, Block 1 is 4.96acres. The total payment is lieu of dedication is $10,788. $2,175 fee x 4.96 acres = $10,788total Please note the previous staffreports incorrectly used gross acres for park dedication calculations. 2 The City Engineer has prepared the Development Contractwhich provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. The City Attorney has prepared the Declaration for Access Control and has reviewed the Title Commitment. RECOMMENDATION Staff is recommending approval of the following items with conditionsas listed: 1.Resolution No. 13-121Approving the Final Plat for Alino Addition 2.Resolution No. 13-122Approving Development Contractfor Alino Addition 3.Resolution No. 13-123Approving Declaration of Access Control for Alino Addition ATTACHMENTS 1.Resolution No. 13-121 2.Preliminary and Final Plat-Alino Addition 3.Resolution No. 13-122 4.Development Contract 5.Resolution No. 13-123 6.Declaration of Access Control 3 CITY OF LINO LAKES RESOLUTION NO. 13-121 RESOLUTION APPROVING THE FINAL PLAT FOR ALINO ADDITION WHEREAS , the City has receivedan applicationfor finalplat approval for Alino Addition; and WHEREAS, City staff has completed a review of the proposed plat based on the following plans and information: Alino Addition Preliminary and Final Plat prepared by SRF Consulting Group, Inc. dated October 9, 2013 and received October 11, 2013; and WHEREAS, a public hearing was held before the Planning & Zoning Board on May 8, 2013and the Board recommended approval of the preliminary plat; and WHEREAS , the City Council approved the preliminary plat on June 24, 2013 with Resolution No.13-76; and WHEREAS , the final plat was reviewed by the Planning & Zoning Board onNovember 13, 2013 and the Board recommended approval of the final plat; and WHEREAS, the proposed final plat meets the requirements of the City’s Zoningand Subdivision Ordinances; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the final plat of Alino Addition,subject to the following conditions: 1.A Development Contract shall be executed by the City and the ownerand recorded with Anoka County. 2.A Declaration of Access Control for future right in/right out access shall be executed by the City and ownerand recorded with Anoka County. 3.A Reciprocal Access Easement and Maintenance Agreement shall be drafted by the owner, approved by the Cityand recorded with Anoka County. 4.Site Plan Review for development of Lot 1, Block 1 (Metro Transit Park and Ride) will require additional agreements and permits such as but not limited to: a.Site Improvements Performance Agreement b.Declaration for Maintenance of Storm Water Facilities c.Grading Permit d.Building Permit e.NPDES Permit f.RCWD Permit Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 13-122 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR ALINO ADDITION WHEREAS, the City Council approved the Final Plat for Alino AdditiononDecember 9, 2013; and WHEREAS, the City’s subdivision ordinance and conditionsof approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Contractbetween Richard and Patricia Schreier, ALinoLLC and the City of Lino Lakes, for Alino Additionand authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2013. The motion for the adoption of the foregoing resolution was 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 DEVELOPMENT CONTRACT Alino Addition THIS AGREEMENT made this _____ day of December, 2013, is by and between theCity of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the “City,”and Richard J. Schreier, a single person whose address is 2125 Desoto Street, Maplewood, MN 55117, and ALino LLC, a Minnesota limited liability corporation whose address is 95 South Owasso Boulevard West, Little Canada, MN 55117 hereinafter referred to as the "Developer". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Alino Additionhereinafter called “Subdivision,”as shown in AttachmentA andis legally described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota lying westerly and northerly of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 75, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, the Developer is to be responsible for the installation and financing of certainpublic and improvements within the Subdivision; and WHEREAS, said public improvements include grading, drainage, sanitary sewer, water, storm sewer, and driveway(the “Improvements”); and WHEREAS, the Developer and the City have entered into a Petition and Waiver Agreement st dated September 24, 2013 for the installation and financing of 21Avenue from Main Street to their northerly property line; and WHEREAS, the City Subdivision Ordinance and Minnesota Statutes section462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, Alino Addition Development Contract December, 2013 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I.DEVELOPER IMPROVEMENTS A.The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. B.The Developer shall dedicate to the Cityat no cost to the City, any permanent or temporary easements that may benecessary for the construction and installation st of the 21AvenueImprovements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. C.The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. II.CITY IMPROVEMENTS A.There are no Developer installedCity Improvements for this project.The Developer has entered into a Petition and Waiver Agreement with the City for the st installation of utility and street improvements associated with the extension of 21 Avenue from Main Street north to the northerly property of the plat. III.RECORDING AND RELEASE A.The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included inthe Subdivision. The Developer agrees that the City shall have the right to recorda copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This Development Contract shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon completion of Developer’s private improvements, areleaseof such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. IV.REIMBURSEMENT OF COSTS A.The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administratoror his designee for the payment of all costs incurred by theCity related to the reviewof the Subdivision including, but not limited to, the following (See Attachment Cfor breakdown of costs): page 2 Alino Addition Development Contract December, 2013 A.PlatReviewFee B.Planner Review Fee C.Administration -3% Construction Cost D.Engineering E.Legal F.Publications G.Park Dedication Fee H.Street -Storm Sewer -Pond Maintenance I.Aerial Photo Recovery Cost B.If the above escrow amounts are insufficient, the Developer shall make such additional reasonable deposits as required by theCity. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentationsupporting charge.The City will first draw on the existing Escrow filed as a requirement of the application for approval of the preliminary plat for the Subdivision. V.TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES A.Trunk Sewer Unit Charges. The City has established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $2,911 per SAC unit). The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. Trunk Sewer Unit Charges will be collected with the Site Performance Agreement for Lot 1 Block 1 of Alino Addition. B.Trunk Water Unit Charges. The City has established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $3,854 per SAC unit). The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. page 3 Alino Addition Development Contract December, 2013 Trunk Water Unit Charges will be collected with the Site Performance Agreement for Lot 1 Block 1 of Alino Addition. C.Surface Water Management Area Charges. The City has established a trunk area charge to uniformly distribute the costs of public trunk surfacewater infrastructure and water quality improvements. The Developer shall pay pursuant to the terms of the development agreement Surface Water Management Charges, based on developable acreage, in the amount specified in Attachment B. VI.BUILDING PERMITS A.The Developer agrees that building permits may be issued upon site plan approval and execution of a Site Performance Agreement for Lot 1 Block 1 of Alino Addition. VII.REIMBURSEMENT OF COSTS FOR DEFENSE A.The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys’ fees if the City prevails in such action. VIII.VALIDITY A.If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held tobe invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. IX.GENERAL A.Binding Effect A.The terms and provisions hereof shall be binding upon and insure 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 Subdivision and shall be deemed covenants running with the land, unless released pursuant to Article IV. B.Notices A.Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the page 4 Alino Addition Development Contract December, 2013 mail in accordance with the above. The addresses of the parties heretoare as set forth on Page 1 until changed by notice given as above. C.Final Plat Approval The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: A.A Declaration of Access Control for future right in/right out access along st 21Avenue shall be drafted by the City and executed by the City and owner. B.Any future easements required for drainage or utilities shall be dedicated by the owner. C.Site Plan Review for development of Lot 1, Block1will require additional agreements and permits such as but not limited to: Site Improvements Performance Agreement Grading Permit Building Permit NPDES Permit RCWD Permit D.A Reciprocal Access, Operation and Maintenance Agreement between the newly createdlot and the newly created outlotmust be recorded concurrently with the plat. The Developer shall provide to the City, for its approval, a copy of the agreement.Such agreement shall at a minimum provide for; 1) ingress and egress across properties; 2) a proof of parking provision; 3) maintenance of private improvements (i.e., sanitary sewer, water main, snow removal, landscaping); 4) Provisions for maintaining surface water management features including infiltration areas in accordance with RCWD and City requirements. X.VIOLATIONS/BUILDING PERMITS A.Inthe event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XI.PARK DEDICATION A.The Park dedication fee for this site is calculated as follows: 4.96 acres x $2,175 = $10,788.00 page 5 Alino Addition Development Contract December, 2013 XII.PROPERTY TAXES A.Should the recording of the Final Plat occur after July 1, any and all property taxes on any publicproperty dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. RICHARD J. SCHREIERCITY OF LINO LAKES ByBy Mayor PATRICIA N. SCHREIER By ALINO LLCATTEST: By____________________________By____________________________ Clerk page 6 Alino Addition Development Contract December, 2013 STATE OF MINNESOTA) ) ss COUNTY OF ANOKA) On this _____ day of ________________, 20__, before me, a Notary Public within and for saidCounty, personally appeared ____________________ (Mayor) and __________________ (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same onbehalf of said City. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF ANOKA) On this _____ day of ________________, 20__, before me, a Notary Public within and for said County, personally appeared ____________________ (Developer), to me known to be the ________________, of __________________, a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF ANOKA) On this _____ day of ________________, 20__, before me, a Notary Public within and for said County, personally appeared Richard J. Schreier and Patricia N. Schreier, and that they executed the foregoing instrument. Notary Public This instrument drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 550014 page 7 ATTACHMENT B 3-7-2013 SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME:Alino AdditionNUMBER OF REU's:1 APPLICANT:Alino, LLCASSESSED AREA (ac.):4.96 BUDGETPRIVATEPUBLICFEE ITEMNECESSARY IMPROVEMENTSCOSTNOTEIMP. (W)IMP. (X)AMOUNT (Z) 1SITE GRADINGEstimatee$0$0 2EROSION CONTROL Estimatee$0 3SITE ENGINEERING & SURVEYINGEstimatee$0 4LANDSCAPINGEstimatee$0 5STREETS A. Turn LanesEstimatee$0 B. On Site Parking LotEstimatee$0 B. Pedestrian TrailEstimatee$0 6STORM SEWER CONST. A. TrunkEstimatee B. LateralEstimatee$0 C. Surface Water Mgmt.$0.112/sfa$24,198 7SANITARY SEWER CONST. A. Trunk Unit Charge (REU)$2,911/unita B. Lateral Estimatee$0 C. Trunk CreditEstimatee 8WATERMAIN CONST. A. Trunk Unit Charge (REU)$3,854/unita B. Lateral Estimatee$0 C. Trunk CreditEstimatee TOTALS:$0$0$24,198 See Attachment C for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT C 3-7-2013 CITY FEES DEVELOPER INSTALLED IMPROVEMENTS 1 PROJECT NAME:Alino AdditionNUMBER OF REU's: APPLICANT:ALINO, LLCASSESSED AREA (ac.):4.96 BUDGETPRIVATEPUBLICESCROWFEE ITEMNECESSARY IMPROVEMENTSCOSTNOTEIMP. (W)IMP. (X)AMOUNT (Y)AMOUNT (Z) 1PLANNING/REVIEW A. Plat Review Fee$1,500b$1,500 B. Planner Review Fee$1,500b$1,500 2ADMINISTRATION A. Legal $1,000a$1,000 B. Administration Fee 3% of const.b$0 C. Publications$1,000b$1,000 3ENGINEERING A. Plan/Plat/Grading Review $5,000b$5,000 B. Construction Services $15,000b$0 C. Construction Staking$0b$0 D. City Engineering $2,500b$2,500 4DEVELOPMENT FEES A. Park Dedication Fee $2175/acred$10,788 B. Park Dedication Credit C. Sealcoating Fee$0.28/SFb$0 D. Aerial Photo Fee90/unitb$90 5BOULEVARD TREE PLANTING$465/treeb$0 6DEVLOPMENT SECURITIES A. Tree Preservation 95/unitb$0 B. Street Lighting - installation$2,500a$0 C. Street Lighting - operation$265$0 D. Traffic Signing $500a$0 E. Street, Storm Sewer, Pond Maint.b$0 SUBTOTAL:$0$0$12,500$10,878 Grading Only Escrow Credit$0$0 TOTALS:$12,500$10,878 SECURITY AMOUNTS TO BE POSTED Att. BAtt. CTotal W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)$0$0$0 X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)$0$0$0 Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW)$0$12,500$12,500 Z = CITY FEES X 1.0 (CASH FEE)$24,198$10,878$35,076 NOTE:a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study CITY OF LINO LAKES RESOLUTION NO.13-123 RESOLUTION APPROVINGDECLARATION OF ACCESS CONTROLFOR ALINO ADDITION WHEREAS, the City’s Resolution No. 13-121Approving the Final Plat for Alino Addition required, as a condition of approval, a Declaration of Access Control. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Declaration of Access Control between Richard Schreier, ALino LLCand the City of Lino Lakes, for Alino Additionand authorizes the Mayor andCity Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this ______________day of _____, 2013. The motion for the adoption of the foregoing resolution was 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 [Reserved for recording data.] DECLARATION OF ACCESS CONTROL Alino Addition, City of Lino Lakes, Anoka County, Minnesota THIS AGREEMENT made this ____ day of _______, 2013, is by and between the City of Lino Lakes, whose address is 600 TownCenter Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the “City,” and Richard J. Schreier, a single person whose address is 2125 Desoto Street, Maplewood, MN 55117, and ALino LLC, a Minnesota limited liability corporation whose address is 95 South Owasso Boulevard West, Little Canada, MN 55117 hereinafter collectively referred to as the “Developer.” WHEREAS, the Developer received preliminary and final plat approval from the City Council for a plat of land within the corporate limits of the City known as Alino Addition,and said land is legally described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22,Anoka County, Minnesota lying westerly and northerly of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 75, according to the recorded plat thereof, Anoka County, Minnesota and WHEREAS, Richard J. Schreieris the fee owner of Alino Addition and ALinoLLC is thecontract purchaser; and st WHEREAS, an approximately 1200foot extension of 21Avenue Northto the north of Main Street (County State Aid Highway 14) is currently under construction; and 1 WHEREAS, the improvements within Lot 1, Block 1 of Alino Addition include the st construction of a private access driveway off of the east side of 21Avenue North at the southern edge of Lot 1, Block 1, approximately 600 feet north of Main Street; and st WHEREAS, the Developer desires to have full access to 21Avenue North toand from Lot 1, Block 1, upon completionof the street improvements; and WHEREAS, if Outlot A of Alino Addition is developed in the future, access shall be at approximately 300 feet north of Main Street and must be restricted to right-in, right-out in accordance with the City’s Transportation Plan and Anoka County’s Access Management Guidelines; and WHEREAS, the City’s Resolution No. 13-76Approving the Preliminary Plat and the City’s Resolution No. 13-121 Approving the Final Plat for the Alino Addition required, as a condition of approval, this Declaration of Access Control. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the Parties as follows: st 1.Upon completion of21Avenue North adjacent to Alino Addition, the City shall grant st Developer full access to 21Avenue North to and from the private access driveway located at the southern boundary of Lot 1, Block 1 of the Alino Addition. No other st access points to or from 21Avenue North from Lot 1, Block 1shall be constructed without written approval from the City. 2.Developer acknowledges and agrees that in the event Outlot A of Alino Addition is st developed, access to 21Avenue North shall be restricted to right-in, right-out.The cost of signage limitingthe private access driveway to right-in, right-out shall be paid by the Developer at the time the signage is installed. RICHARD J. SCHREIERCITY OF LINO LAKES ByBy Mayor PATRICIA N. SCHREIER By ALINOLLCATTEST: By____________________________By____________________________ Clerk 2 STATE OF MINNESOTA) )ss COUNTY OF ANOKA) On this_____ day of ________________, 20__, before me, a Notary Public within and for said County,personally appeared ____________________ (Mayor) and __________________(Clerk), to me known to be respectively the Mayorand Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA) )ss COUNTY OF ANOKA) On this_____ day of ________________, 20__, before me, a Notary Public within and for said County,personally appeared ____________________ (Developer), to me known to be the ________________, of __________________, a corporation under the laws of the State of Minnesota, and that theyexecuted the foregoing instrument and acknowledgedthat they/he executed the same on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF ANOKA) On this_____ day of ________________, 20__, before me, a Notary Public within and for said County,personally appeared Richard J. Schreierand Patricia N. Schreier, and that they executed the foregoing instrument. Notary Public This instrument drafted by: Ratwik, Roszak & Maloney, P.A. nd Ave. S., Suite 300 730 2 Minneapolis, MN 55402 (612) 339-0060 JJL 3 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR:Jason Wedel MEETING DATE:December 9, 2013 TOPIC: Resolution No. 13-137: Approving a SitePerformance Agreement with Northern Wholesale VOTE REQUIRED:3/5 BACKGROUND Northern Wholesalehas received administrative site plan approval for a proposed building expansion at their current location, on the corner of Cedar Street and Otter LakeDrive.For all commercial and institutional projects, the City requires execution of a siteperformance agreementprior to issuance of a building permit to ensure that specific site work is completed. The attached performance agreement addressesthe site work for the building and providesfor submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution 13-137. ATTACHMENTS 1.Resolution No. 13-137 2.Site Performance Agreement CITY OF LINO LAKES RESOLUTION NO. 13-137 RESOLUTION APPROVING A SITE PERFORMANCE AGREEMENT WITH SUBWAY WHEREAS , the City has completed the review of thesite and building plans for a building expansion of Northern Wholesale, located at 6800 Otter Lake Road, and WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Northern Wholesaleis 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 9thday of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Joe Langel, Michael Grochala MEETING DATE: December 9, 2013 TOPIC: Consider Resolution No. 13-140 Approving Settlement Agreement with Paul Miller and PKM of Anoka County, LLC, I-35E/CSAH 14 Interchange Improvement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the special assessment settlement agreement with Paul Miller and PKM of Anoka County, LLC. BACKGROUND On October 24, 2011 the City approved and levied a special assessment to finance its portion of the I-35E / CSAH 14 Interchange improvement project. Paul Miller and PKM of Anoka County, LLC was assessed as part of the project. Mr. Miller appealed the assessment in Anoka County District Court as provided for under Minnesota Statutes, Chapter 429. The parties entered into a mediation process to resolve the pending appeal. At the December 9, 2013, closed meeting of the City Council the proposed settlement with Paul Miller and PKM of Anoka County was outlined. The main components of the agreement are as follows: A reduction in the assessment rate from .07 cents per square foot ($30,503) to .04 cents per square foot ($17,430) for parcel 24-31-22-43-0014. A reduction in the interest rate for Parcels 24-31-22-43-0014 and 24-31-22-42-0004 from 5% to 4%. RECOMMENDATION Motion to approve Resolution No. 13-140. ATTACHMENTS 1.Resolution 13-140 2.General Location Map CITY OF LINO LAKES RESOLUTION NO. 13-140 RESOLUTION APPROVING SETTLEMENT AGREEMENT WITH PAUL MILLER AND PKM OF ANOKA COUNTY I35E/CSAH 14 INTERCHANGE IMPROVEMENT PROJECT WHEREAS, on or about October 24, 2011, the City approved and levied a special improvement project; and WHEREAS, the City assessed Paul K. Miller, Parcel No. 24-31-22-43-0014, $30,503.00 as its share of the Special Assessment; and WHEREAS, the City assessed PKM of Anoka County, LLC, Parcel No. 24-31-22-42- 0014, $39,445,503.00 as its share of the Special Assessment; and WHEREAS, Paul K. Miller and PKM of Anoka County, LLC have appealed the Special Assessment in Anoka County District Court, File No. 02-CV-11-7797 and File No. 02- CV-11-7798 respectively; and WHEREAS, the Parties wish to resolve the pending appeal in order to avoid additional litigation costs. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the settlement agreement attached hereto as Exhibit A is hereby approved and the Mayor and Clerk are authorized to execute the agreement on behalf of the City. th Adopted by the Council of the City of Lino Lakes this 9 day of December, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1