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HomeMy WebLinkAbout04/02/2012 Council Packet• • • REVISED WORK SESSION AGENDA CITY OF LINO LAKES Monday, April 2, 2012 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Commissioner Scott Bundy — Update on Centennial Utilities Franchise Agreement 2. CenterPoint Energy Franchise Ordinance 3. Anoka County Assessor — Board of Review Process 4. VLAWMO Joint Powers Agreement — Stephanie McNamara, VLAWMO Administrator 5. Blue Heron Days 2012 Venue 6. Water Conservation Education 7. Landscaping in Front of City Hall and Island 8. ACE Program Update 9. Senior Center Hand Railing 10. Bald Eagle Lake Property Values 11. Monthly Progress Report Review April 9 Council Agenda Adjourn WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: April 2, 2012 To: City Council From: Jeff Karlson, Administrator Re: Centennial Utilities Franchise Agreement Background At the March work session I provided Centennial Utilities' proposed franchise ordinance, which includes a provision that Centennial will stop collecting a franchise fee if Lino Lakes does not collect "a fee or tax of the same or greater percentage of the receipts" from other gas utility customers in the City. City Attorney Joes Langel is of the opinion that the gas utility's threat to unilaterally stop collecting the franchise fee without a new agreement is without any legal basis. I asked Lino Lakes' lone representative on the Centennial Utility Commission, Scott Bundy, to appear at the April 2 work session to give the Council his perspective on the franchise renewal agreement. Another provision in the proposed renewal is to exclude Lino Lakes from having a representative on the Commission. Mr. Bundy was surprised to hear that since this issue did not come up during any meetings he participated in. Mr. Langel has spoken with Circle Pines' attorney and they disagree on the collection of the franchise fees after the expiration of the agreement on March 31, 2012. It has been communicated to both Joe and I that Centennial will no longer be collecting the seven percent franchise fee without a new agreement. Centennial is willing to negotiate new terms of the agreement, but until a settlement is reached they will not be collecting the fees as of April 1. Since this could involve future litigation, I asked Mr. Langel to be present at the work session to discuss the franchise agreement with the Council. Requested Council Direction No action required. Attachments Centennial Utilities' New Franchise Proposal CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE GRANTING TO CIRCLE PINES UTILITES, DBA CENTENNIAL UTILITIES A MINNESOTA MUNICIPAL CORPORATION, ITS PERMITTED SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUND OF THE CITY OF LINO LAKES, MINNESOTA, FOR SUCH PURPOSE; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Lino Lakes, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Circle Pines Utilities DBA Centennial Utilities, a Municipal corporation, its successors and assigns permitted by the City including all successors or assigns that own or operate any part or parts of the Gas Facilities or system subject to this Franchise. Franchise or Ordinance. This Ordinance granting the Franchise to the Company to provide retail natural gas service to customers in the City under the terms and conditions herein. Gas Facilities or System. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use in the City. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to Administrator, 200 Civic Heights Circle, Circle Pines Minnesota 55014. Notice to the City shall be mailed to . Either party may change its respective address for the purpose of this Ordinance by Notice to the other parties. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is not a Public Way but is held for use in common by the public. Public Way. Any public right -of -way within the City as defined by Minnesota Statutes, Section 237.162 subd. 3. SECTION 2. ADOPTION OF FRANCHISE 2.1. Grant and Acceptance of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the nonexclusive right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance. The Company accepts the grant and agrees to comply with this Ordinance. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after approval of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3. Publication Expense. Company shall pay the expense of a summary publication of this Ordinance. 2.4. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder or is otherwise in breach of the Franchise, the complaining party shall notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the Notice, the parties may mediate by jointly selecting a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If either party objects to use of a mediator or a mutually acceptable mediator cannot be obtained, either party may commence an action in Anoka County District Court to interpret and enforce this Franchise and /or seek such other relief as permitted by law or equity. SECTION 3. LOCATION, OTHER REGULATIONS 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt the operation of any City Utility System. Gas Facilities may be located on or in Public Grounds as determined by the City and as they presently exist on the date of the adoption of this ordinance. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted to the City to manage its Public Ways and Public Grounds under state law, and to the extent not inconsistent with a specific term of this Franchise. 3.2. Public Ground, Public Way Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, Part 7819.1100 and applicable City ordinances. Company shall restore the Public Ground to a condition as good as formerly existed. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have the right, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. The City must take reasonable measures to prevent damage to the Gas Facilities or system during any work performed by the City; its staff or its agents 3.5. Notice of Improvements to Streets. The City will give Company reasonable Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice shall contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6. Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules, Parts 7819.4000 and 7819.4100. 3.7. Relocation in Public Ways. The Company shall comply with Minnesota Rules, Part 7819.3100 and applicable City ordinances consistent with law. SECTION 4. INDEMNIFICATION 4.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the negligent construction, maintenance, repair, inspection, the issuance of permits, or the negligent operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except that the Company shall indemnify and defend the City for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. This franchise agreement shall not be interpreted to constitute a waiver by the Company of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. 4.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 5. VACATION OF PUBLIC WAYS The City shall give Company at least two (2) weeks prior Notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, Part 7819.3200 and applicable ordinances consistent with law. SECTION 6. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 7. FRANCHISE FEE 7.1. Right and Form. Subject to the terms and conditions of this ordinance, during the term of the Franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City, or (iv) a fee based on a customer meter charge or other rate design. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) -(iii) above in assessing the fee but in no event shall exceed five percent of the Company's gross revenue from the sale of gas within the City.. 7.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City, which ordinance shall not be adopted until at least thirty (30) days after Notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after Notice enclosing such adopted ordinance has been served upon the Company by certified mail. 7.3. Collection of Fee. The City acknowledges that the Company may collect the franchise fee from customers in the City. The City reserves the right to establish and modify from time to time, the rate design of the fee collected from customers of different classes. Fees shall be payable not less than quarterly during complete billing months of the period for which payment are to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually, and must comply with the terms of this Ordinance. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's franchise fee records. 7.4. Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 8. ABANDONED FACILITIES The Company shall comply with City ordinances, Minnesota Statutes, Sections 216D.01 et seq. and Minnesota Rules, Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities, including abandoned and retired Gas Facilities. SECTION 9. ADDITIONAL PROVISIONS OF ORDINANCE 9.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2. Limitation on Applicability. This Ordinance shall not in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Franchise or of any one or more of the teems hereof, or otherwise give rise to any cause of action in any person not a party hereto. 9.3. No Waiver. The Company shall not be excused from performing the terms of this Ordinance due to the City's failure to enforce its rights hereunder. 9.4. Data. All "data" provided to the City in connection with this Franchise shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. SECTION 10. AMENDMENT PROCEDURE This Ordinance may be amended at any time by the mutual consent of the City and Company by City adoption of an amendatory ordinance, which shall become effective upon Company consent filed with the City. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous franchise granted to Company or its predecessor Passed and approved: Mayor of the City of Lino Lakes, Minnesota Attest: City Clerk of Lino Lakes, Minnesota WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: April 2, 2012 To: City Council From: Jeff Karison, Administrator Re: CenterPoint Energy Franchise Ordinance Background CenterPoint Energy sent me a new franchise ordinance for the City's review and comment. The existing agreement expired March 31, 2012. City Attorney Joe Langel is reviewing the ordinance and does not anticipate there will be any issues. He will be at the meeting on April 2 to comment on the proposed ordinance. Roger Brandel, Area Manager for CenterPoint's north district operations, will also be available to answer any questions the Council may have. The first reading of the ordinance will be included on the April 9 Council meeting agenda. Attachments Draft of Ordinance No. 6 -12, Granting CenterPoint Energy a Gas Franchise in the City of Lino Lakes. 1St Reading: Publication: 2 ❑d Reading: Effective: CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. 6-12 CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b /a CENTERPOINT ENERGY MINNESOTA GAS ( "CENTERPOINT ENERGY "), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF LINO LAKES, ANOKA, COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Lino Lakes, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b /a CenterPoint Energy Minnesota Gas ( "CenterPoint Energy ") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City of Lino Lakes, Attn: City Administrator, 600 Town Center Pkwy, Lino Lakes, MN 55014. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley, or other public right -of -way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair, and maintain Gas Facilities in, on, over, under, and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right -of -way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise, the City Council by resolution shall revoke this Franchise. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20 -year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public - right -of -way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. Per Minnesota Statute 216D.05, the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first - responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46. SECTION 5. INDEMNIFICATION 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and Minnesota Rules 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed -upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES The Company shall comply with Minnesota Statutes, Section 216D.01 et seq. and Minnesota Rules 7819.3300, as they may be amended from time to time with respect to abandoned facilities located in Public Ways and Public Grounds. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned and retired Gas Facilities not located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. Adopted by the Lino Lakes City Council this day of April 2012. The motion for the adoption of the forgoing ordinance was introduced by Councilmember and duly seconded by Councilmember and upon vote being taken thereof, the following voted in favor thereof: The following voted against same: Mayor Attest: City Clerk 1 i s-1-1.,10 0 k. Se-ssHw, q 2-i 12- Lino Lakes Work Session Meeting April 2, 2012 Question who has the training- encourage more than one to have it. Total number of sales qualified and disqualified -185 Qualified sales 92 to = 94.01% ratio or 50% of sales Disqualified sales 93 or 50% of sales 71 of the disqualified sales were foreclosure or short sales The other 22 disqualified were estate, relative, relocation or divorce sales. We had no ag sales and only 3 Lakeshore sales. A total of 36 townhomes sales with only 16 qualified sales and 20 disqualified as foreclosures or short sales. Estimate that our market value total is down a little over 6 % from the prior year. There were very few sales in Lino Lakes this last year and the ones that came in were disqualified (banks sales and various other reasons). Virtually no new const . to talk about. My reassessment was centered around $400,000 props and under, which the whole county did. The reason why we targeted those props was that we found in our sales studies that we were highest on these props. The big problem for Lino as well as other cities, in my opinion is the vacancy in industrial mostly and some commercial. Owners are not able to get market rents and have to offer many concessions to lure new tenants. WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: April 2, 2012 To: City Council From: Jeff Karlson, Administrator Re: VLAWMO Joint Powers Agreement Background The Vadnais Lake Area Water Management Organization (VLAWMO) has requested an extension of the Joint Powers Agreement until December 31, 2016. At the last work session, some Council members raised questions about the length of the new agreement and potential costs related to future improvement projects. Administrator Stephanie McNamara will be present at the meeting to talk about VLAWMO's activities and to explain the funding mechanism (storm water utility) for the watershed district. Attachments Information from VLAWMO's Website About Vadnais Lake Area Water Management Organization VLAWMO VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION • VLAWMO Staff O What is a Watershed? O What is a WMO? Committees / Boards 10 Board of Directors O Technical Commission O Watershed Action Volunteers WAV Agendas & Past Minutes O Board of Director Meetings O Technical Commission Meetings O Watershed Action Volunteers Meetings Page 1 of 1 Home 1 FAQ 1 Resources 1 Contact Us 800 East Co. Rd. E Vadnais Heights, MN 55127 ph: (651) 204 -6070 fax; (651) 204 -6173 email: office@vlawmo.orq Sign up for our Email Newsletter gfij Privacy by (:7 Safesubscribe'R' About VLAWMO!! What is a Water Management Organization (or Watershed District)? Water does not follow political boundaries such as city or county lines. A watershed's boundary is based on how the water flows in a particular area. Topography of the land, storm sewer pipes and groundwater flow all must be considered when determining a watershed boundary. All land within the metropolitan area must be within an organized watershed (State Statutes Chapters 103E & 103D). A watershed organization is charged with protecting water resources within its boundaries. Watershed Districts are governed by County Commissioners while Water Management Organizations are governed on the municipal level, VLAWMO was formed in 1983 to protect the Vadnais Lake watershed area in northern Ramsey County and a small portion of Anoka County, Minnesota. Vadnais Lake is used as the final water storage reservoir for the drinking water supply system operated by the St. Paul Regional Water Service (SPRWS). VLAWMO was formed through a Joint Powers Agreement (JPA) that was ratified by the 6 units of Minnesota government that VLAWMO encompasses (City of Gem Lake, City of Lino Lakes, City of North Oaks, City of White Bear Lake, White Bear Township, and City of Vadnais Heights) to comply with the State of Minnesota Metropolitan Surface Water Management Act. VLAWMO is governed by a 6 member Board of Directors that is represented by an elected official from each of the communities. VLAWMO has a comprehensive Water Plan, approved by the Minnesota Board of Water and Soil Resources, which guides water management through goals, policies, management strategies and an implementation program for the watershed. VLAWMO has been authorized by the Minnesota State Legislature to act as the local government unit responsible for administering the Wetland Conservation Act (WCA) for this watershed area (to read the WCA documents click here. All construction and development activities that affect any wetlands in this area must be approved by VLAWMO. VLAWMO shares the responsibility with its member communities to: • manage stormwater and control flooding • protect and manage wetlands through the Wetland Conservation Act • require good erosion control practices • promote good groundwater quality and healthy stewardship practices • protect and enhance the water quality in lakes and streams VLAWMO is empowered under Minnesota Statutes 103A — 103H to manage the Vadnais Lake area watershed. These statutes address: • Protection of surface water quality. (This includes monitoring, maintaining, and in some cases improving quality.) • Flood control and stormwater management. • Wetland protection — and management through the Wetland Conservation Act and local efforts. • Groundwater protection and recharge. Home 1 About VLAWMO 1 Planning /Rules 1 Programs Proiects 1 Water Standards i Education Watershed Maps Frequently Asked Questions 1 Resources 1 Contact Us Vadnais Lakes Area Water Management Organization All rights reserved 2007 -2012 Potiyerea._aY_IC6ts. http://www.vlawmo.org/aboutus.cfm?ID=72&PID=74&siteID=1 3/27/2012 About Vadnais Lake Area Water Management Organization Aw �LAW 0 VAONMS LAKE AREA WATER MANAGEMENT ORGANIZATION O VLAWMO Staff O What is a Watershed? ID What is a WM0? Committees /Boards o Board of Directors O Technical Commission O Watershed Action Volunteers (WAV) Agendas & Past Minutes El Board of Director Meetings ID Technical Commission Meetings D Watershed Action Volunteers Meetings About VLOiI What is a Watershed? Page 1 of 1 Home 1 FAO I Resources I Contact Us 800 East Co. Rd. E Vadnais Heights, MN 55127 ph: (651) 204 -6070 fax: (651) 204 -6173 email: officeavlawmo.orq Sign up for our Ernail Newsletter Privacy by Ei SafeSubscribe'r A watershed is all the land area that drains to a specific water resource, such as a lake or stream, Watersheds range in size from a few square miles to an entire continent. As rainwater and melting snow run downhill, they carry sediment and other materials into streams, lakes, and groundwater. The land use activities within a watershed have a direct impact on the quality of the water. 96% of the land use within VLAWMO is urban with a small area of agricultural land in the northern end. Watersheds provide water for drinking, irrigation, streams, and activities such as fishing, swimming, and boating. In addition, watersheds also provide food and shelter for wildlife. Home I About VLAWMO 1 Planning /Rules i Programs I Proiects 1 Water Standards 1 Education Resources 1 Contact Us Watershed Maps 1 Frequently Asked Questions Vadnais Lakes Area Water Management Organization All rights reserved 2007 -2012 Powered by ICBits http://www.vlawmo.org/aboutus.cfm?ID=71&PID=74&siteID=1 3/27/2012 WS – Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: April 2, 2012 To: City Council From: Mary Divine Re: Blue Heron Days Venue Background Blue Heron Days is not a city- sponsored event, and each year volunteers are needed take on the responsibility of tracking income and expenses, ensuring sponsor recognition, organizing the parade, advertising, and finding ways to provide fun, family oriented activities on a very limited budget. This year the Quad Area Chamber of Commerce has agreed to take on those responsibilities. The Chamber would like to discuss issues regarding the growth of Blue Heron Days and change of venue for some of the events — including MagicBounce, the business expo, petting zoo and family movie night —to Lino Park. The chamber recognizes that there would be additional planning measures needed to make the move, and appreciate input from parks and police to ensure a safe and fun experience. Requested Council Direction May the Chamber proceed with planning for moving festival activities to Lino Park? Attachments None WS — Item 6 WORK SESSION STAFF REPORT Work Session Item 6 Date: April 2, 2012 To: City Council From: Rick DeGardner, Public Services Director Re: Water Conservation Education Background Councilmember Stoesz has requested that this item be placed on the April 2nd work session agenda. Staff has used four primary avenues to educate /inform residents about water conservation: 1. Annual Drinking Water Report - By June 1st, the City is required to prepare and provide this report for the previous year. The purpose of this report is to advance consumers' understanding of drinking water and heighten awareness of the need to protect precious water resources. The Water Conservation section provides tips on various conservation techniques. Relevant websites are also listed. Beginning this year we will be providing this report on- line rather than a direct mailing. 2. City Newsletter - Staff has periodically included water conservation related articles in the City Newsletter. Recent articles include: Odd /even lawn watering restrictions start May 15 (Spring 2012) Got grass? Mow high for better results (Summer 2011) Rain Barrel Workshop (Spring 2011) We can help adjust your sprinkler system (Summer 2010) Build Your Own Rain Garden (Spring 2010) How to read your water bill (Winter 2009) City can assist with water meter leaks (Winter 2009) Less irrigation use equals lower water bills (Fall 2009) "Smart" irrigation will save on water bills (Summer 2009) Free Rain Sensor Retro -fit Program (Spring 2009) New water rates aim to foster conservation (Spring 2009) City Council adopts water conservation plan (Winter 2008) Healthy lawns cut down on runoff pollution (Fall 2008) It is staff's goal to have a water conservation related article in each City Newsletter. 3. Website - Staff is currently developing a section of the City website dedicated to water conservation. This section will include past articles as well as relevant links including: Water -Use It Wisely- http: / /www.wateruseitwisely.com/100- ways -to- conserve /index.php Waterwiser - www.waterwiser.org U of M Extension Service: http: / /www. extension. umn. edu /distribution/naturalresources Drinktap - www.drinktap.org /consumerdnn EPA - www.epa.gov /watersense/ American Water Works Association - www.awwa.org Met Council - http: / /www.metrocouncil.org/ environment / Watersupply /conservationtoolbox 4. Workshops — Staff periodically conducts workshops with the Anoka Conservation District. Some examples include, "Water -Smart Workshop — Creating a low- maintenance landscape," and "Build Your Own Rain Garden." Requested Council Direction Provided for discussion Attachments 2010 Lino Lakes Drinking Water Report "Water- Smart" Workshop flyer Summer 2010 City Newsletter - page 8 Details Learn about landscaping methods that reduce water use and pollution for an environmentally - friendly, easy to maintain yard. When Tuesday, April 21st 6:30- 8:3Opm Where Lino Lakes City Hall Community Room 600 Town Center Pkwy Registration FREE! Register by April 13th Contact Lisa Hogstad at the City of Lino Lakes to register 651- 982 -2424 lisa.hogstad @ci.lino- lakes.mn.us prim Sprinkling restrictions in place through September a n order to conserve our precious natural -esources, the City of Lino Lakes Sprin- ding Ordinance will be in affect again this tear from May 15 through September L5. Odd - number property addresses may eater on odd - number days, and even - -)umber property addresses may water on even - number days. Lawn watering is prohibited between 10 a.m. and 6 p.m. every day of the week. The adoption of seasonal water restric- tions is a necessary and reasonable measure to control water consumption during periods of peak demand. Also, sprinkling restrictions will delay the need for additional well houses that are costly to build and maintain. The ordinance applies only to those indi- viduals drawing water for sprinkling from .great canoeing right in your own back yard lice Creek is the principle stream in the Rice Creek Watershed District (RCWD) and !xtends south from Forest Lake through the Rice Creek Chain of Lakes, west - southwest hrough Ramsey and Arioka counties, and then westward to the Mississippi River. (See nteractive map on the RCWD homepage at www.ricecreek.org.) he RCWD, Anoka and Ramsey County Park Districts, the National Park Service and the Jniversity of Minnesota worked together on creating a canoe /kayak route or a "water rail." The Rice Creek Water Trail starts at George Watch Lake in Lino Lakes and travels outhwest through the lakes, and finally empties into the Mississippi River. Visit the Lakes and Streams" page of the Rice Creek website (ricecreek.org) for maps with park - lg and canoe launches. Also, check out the stream gauge that gives real time water 3vels. he Trail has Three Separate Skill Levels: Jovice Level: The flow of the water in the lakes area is slow with high water providing asy paddling. During low wa- =r periods, paddling gets more ifficult and also allows emer- ent vegetation to form island - ke structures which may prove ifficult to pass through. There re also areas in the southern action that have slow currents nd are easily maneuvered that mild be handled by a novice anoeist or kayaker. ftermediate Level: After aldwin Lake, the northern part f the creek picks up a ght current and sinuosity 'hich intermediate users will nd challenging. The current naturally picks up speed as it goes under bridges. Kperienced Level: Experienced canoeists and kayakers will be challenged leaving Long 3ke and entering Locke Park. The creek narrows, current increases, bottom composition gravelly and filled with boulders. Very low water may prohibit any water trail use but 'ter a heavy downpour or during high water periods, the creek is very challenging. ■ Kayakers enjoy the channels and bridges through Chomonix Golf Course on the Rice Creek water trail. the public water system. Restrictions do not apply to hand watering. The first violation shall result in a $25 citation and a $50 subsequent citation to those individuals who repeat violations. Watering of new sod and new seed for the first 4 weeks is permitted. You will need a permit to be exempt from the ordinance so you can water. Please call 651 - 982 -2440 to receive information on this permit. We can help adjust your sprinkler system Most lawns are watered too often but with too little water. It's best to water only when the lawn really needs it, and then to water slowly and deeply. To help conserve water and have a healthy lawn, follow these practices: • Schedule your lawn irrigation for early morning or evening hours. This can reduce water waste due to evaporation during daylight hours. • Raise your lawn mower blade. A higher cut encourages grass roots to grow deeper, shades the root system, and holds soil moisture. • Don't water on windy days. This will avoid water evaporation. • Don't water the sidewalks, drive- way or gutter. Adjust your sprin- klers so that water lands on your lawn or garden where it belongs. It is recommended that lawns receive 1" of water weekly. If you do not know or can't measure this, the Utility Department will assist you in setting your automated sprinkling system to accomplish this recommendation. 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E.; " 0 „'' p n "0 0 y• o � �" ' c� y a Pt Ft S -' a. 5 �' rt R. aw c c o *Sulfate (ppm) 2010 p C Lead (ppb) 7/31/2008 Copper (ppm) 7/31/2008 C N A 0 00 TTHM (To,- (ppb) 2010 Haloacetic Acids (HAA 2010 Fluoride (ppm) 2010 Total Coliform Bacteria (ppm) 2010 Detected Substance (units) Year Tested Alpha Emitters (pCi /1) 2/14/2008 No EPA Limit No EPA Limit AL: 90% of Samples must be < 15 AL: 90% of Samples must be < 1.3 No EPA limit 4-. ro y _ n' r° — x v 'HC 9 cn 7:a CCD, a L' w CD G E-• cn 0... 2 out of 32 Samples > AL 0 out of 32 Samples > AL Highest Quarterly Avg. 0.36 c, •.y.. n, c. .� IJ .+ ■A 1 (follow -up sampling showed no contamination present) u, N M v CD 0 ~rD •a O coo a 90% of Samples <4 co .0•.'V w ? 0 Highest and Lowest Monthly Avg. nd - 1.1 a N X a Erosion of natural deposits. Erosion of natural deposits. Corrosion of household plumbing systems; Erosion of natural deposits. Corrosion of household plumbing systems; Erosion of natural deposits. 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P. -� cry � O H H< v H r--+ H a) cn 0 0 0 a •- W ft E 8 a) b O 4) r A ct o at boo • r■14 to < W a) rEci U prZ ti`) 4) 715;-i ;--i 4t CU a) -5 up 0 ;. 4 cry Q [--� 2 • • • • • • • '••4 ft Cr 0 5 • i cin .44 .0 —4 (2) aw4 a) w 0 v c < Z Emni • • • • tIJ ”I: ai)) '1C CO 'Th (i) 7d 4•00 ;••4 ;,--i TA) r'7 V 0 � � .� O tid Cf) < Z E 4I--; • • CLi IAMMi 0 CL) O • 0 CI) cC5 ago • • � Q bt b.0 biD O 0 Cl� Q f ; Y• • tt CI O • rl v VD tt: 1 5 4.4 (,) 0 r--9 •O 1�1 tt tt E O J • e u 4. :04 ,t4 YJ O ago ,dz 71 CU ct O cz5 O • ■ • ■ • •- c b bt p . • • • ri • v� • .) c r Cl) CID U) 1 1 1 O N O O O N N N MANAGEMENT TEAM'S Monthly Progress Report April 2, 2012 Item Last Action Taken Staff Status Conversion to Paperless Council Packets 12/5/11 Council expressed support for this initiative if there is a cost saving Jeff Metro 1 -Net staff researched tablet options; staff are discussing recommendations Labor Negotiations AFSCME — 2012 contract approved @ 1% beginning 12/30/12 49er's — Same offer of 1% was rejected on 12/14/11; have not met since vote LELS (Police) — Last met on 2/16; Police asking for 2% wage incr. in 2012 & 2013 LELS (Sergeants) — First meeting will be scheduled in April